Assembly Bill No. 250–Assemblymen Perkins, Oceguera, Conklin, Horne, Parks, Anderson, Andonov, Arberry, Atkinson, Chowning, Christensen, Collins, Gibbons, Goicoechea, Goldwater, Griffin, Hardy, Hettrick, Knecht, Koivisto, Leslie, Manendo, Marvel, McClain, Mortenson, Pierce and Weber
Joint Sponsor: Senator Raggio
CHAPTER..........
AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing penalties; requiring resort hotels to adopt emergency response plans; requiring certain health care professionals to obtain continuing education concerning the medical consequences of acts of terrorism; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby finds and declares that:
1. The events of September 11, 2001, have focused the
attention of our nation on the importance of preparedness in
preventing, investigating and prosecuting acts of terrorism.
2. To be effective, such preparedness requires a partnership
among federal, state and local governments.
3. While local law enforcement efforts and response plans to
terrorism are comprehensive, additional statewide provisions are
necessary to respond adequately to acts of terrorism and to punish
perpetrators of terrorist acts to the fullest extent possible.
4. The use of weapons of mass destruction, biological and
chemical agents, toxins, radioactive materials and sophisticated
delivery systems for carrying out acts of terrorism emphasizes the
need to ensure that we have criminal laws that clearly provide
punishments and deterrents designed to counteract these despicable
and inhumane activities.
5. It is therefore within the public interest that the Legislature
require emergency response plans for our resort hotels, reinforce
and enhance penalties for acts of terrorism, define key terms relating
to terrorist activity, criminalize the act of making terrorist threats,
prohibit the conveyance of false information, enhance the penalty
for obstruction of justice relating to terrorism, and elevate, to the
greatest extent possible, criminal punishments relating to all terrorist
activity.
6. It is the intent of the Legislature:
(a) To strengthen the laws of the State of Nevada to better
protect the health and safety of this state and its residents by
providing the greatest measure of protection from acts of terrorism;
and
(b) That this act be interpreted to provide the greatest measure of
protection for the constitutional rights of the residents of this state,
including the right to petition federal, state and local governments
and to exercise rights under the First Amendment to the Constitution
of the United States and Section 9 of Article 1 of the Nevada
Constitution.
Sec. 2. Chapter 193 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in this section and NRS
193.169, any person who commits a felony with the intent to
commit, cause, aid, further or conceal an act of terrorism shall be
punished by imprisonment in the state prison for a term equal to
and in addition to the term of imprisonment prescribed by statute
for the crime. The sentence prescribed by this section must run
consecutively with the sentence prescribed by statute for the crime.
2. Unless a greater penalty is provided by specific statute and
except as otherwise provided in NRS 193.169, in lieu of an
additional term of imprisonment as provided pursuant to
subsection 1, if a felony that resulted in death or substantial bodily
harm to the victim was committed with the intent to commit, cause,
aid, further or conceal an act of terrorism, the felony may be
deemed a category A felony and the person who committed the
felony may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole
beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but
provides an additional penalty for the primary offense, the
imposition of which is contingent upon the finding of the
prescribed fact. Subsection 2 does not create a separate offense
but provides an alternative penalty for the primary offense, the
imposition of which is contingent upon the finding of the
prescribed fact.
4. The provisions of this section do not apply to an offense
committed in violation of section 15 of this act.
5. As used in this section, “act of terrorism” has the meaning
ascribed to it in section 7 of this act.
Sec. 3. NRS 193.169 is hereby amended to read as follows:
193.169 1. A person who is sentenced to an additional term
of imprisonment pursuant to the provisions of subsection 1 of NRS
193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675,
193.168 or 453.3345 or subsection 1 of section 2 of this act must
not be sentenced to an additional term of imprisonment pursuant to
any of the other listed sections even if the person’s conduct satisfies
the requirements for imposing an additional term of imprisonment
pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of
imprisonment pursuant to subsection 2 of NRS 193.161 or
subsection 2 of section 2 of this act must not be sentenced to an
additional term of imprisonment pursuant to subsection 1 of NRS
193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675,
193.168 or 453.3345 even if the person’s conduct satisfies the
requirements for imposing an additional term of imprisonment
pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or
suspension of a sentence contained in the sections listed in
subsection 1 or 2.
(b) Prohibit alleging in the alternative in the indictment or
information that the person’s conduct satisfies the requirements of
more than one of the sections listed in subsection 1 or 2 and
introducing evidence to prove the alternative allegations.
Sec. 4. NRS 200.030 is hereby amended to read as follows:
200.030 1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait or torture, or
by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of
sexual assault, kidnapping, arson, robbery, burglary, invasion of the
home, sexual abuse of a child, sexual molestation of a child under
the age of 14 years or child abuse;
(c) Committed to avoid or prevent the lawful arrest of any
person by a peace officer or to effect the escape of any person from
legal custody; [or]
(d) Committed on the property of a public or private school, at
an activity sponsored by a public or private school or on a school
bus while the bus was engaged in its official duties by a person who
intended to create a great risk of death or substantial bodily harm to
more than one person by means of a weapon, device or course of
action that would normally be hazardous to the lives of more than
one person[.] ; or
(e) Committed in the perpetration or attempted perpetration of
an act of terrorism.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is
tried shall, if they find him guilty thereof, designate by their verdict
whether he is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of
a category A felony and shall be punished:
(a) By death, only if one or more aggravating circumstances are
found and any mitigating circumstance or circumstances which are
found do not outweigh the aggravating circumstance or
circumstances; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole
beginning when a minimum of 20 years has been served.
A determination of whether aggravating circumstances exist is not
necessary to fix the penalty at imprisonment for life with or without
the possibility of parole.
5. A person convicted of murder of the second degree is guilty
of a category A felony and shall be punished by imprisonment in the
state prison:
(a) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole
beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in section
7 of this act;
(b) “Child abuse” means physical injury of a nonaccidental
nature to a child under the age of 18 years;
[(b)] (c) “School bus” has the meaning ascribed to it in
NRS 483.160;
[(c)] (d) “Sexual abuse of a child” means any of the acts
described in NRS 432B.100; and
[(d)] (e) “Sexual molestation” means any willful and lewd or
lascivious act, other than acts constituting the crime of sexual
assault, upon or with the body, or any part or member thereof, of a
child under the age of 14 years, with the intent of arousing,
appealing to, or gratifying the lust, passions or sexual desires of the
perpetrator or of the child.
Sec. 5. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first
degree may be aggravated are:
1. The murder was committed by a person under sentence of
imprisonment.
2. The murder was committed by a person who, at any time
before a penalty hearing is conducted for the murder pursuant to
NRS 175.552, is or has been convicted of:
(a) Another murder and the provisions of subsection 12 do not
otherwise apply to that other murder; or
(b) A felony involving the use or threat of violence to the person
of another and the provisions of subsection 4 do not otherwise apply
to that felony.
For the purposes of this subsection, a person shall be deemed to
have been convicted at the time the jury verdict of guilt is rendered
or upon pronouncement of guilt by a judge or judges sitting without
a jury.
3. The murder was committed by a person who knowingly
created a great risk of death to more than one person by means of a
weapon, device or course of action which would normally be
hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged,
alone or with others, in the commission of , or an attempt to commit
or flight after committing or attempting to commit, any robbery,
arson in the first degree, burglary, invasion of the home or
kidnapping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or
lethal force used.
5. The murder was committed to avoid or prevent a lawful
arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or
another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman
who was killed while engaged in the performance of his official
duty or because of an act performed in his official capacity, and the
defendant knew or reasonably should have known that the victim
was a peace officer or fireman. For the purposes of this subsection,
“peace officer” means:
(a) An employee of the Department of Corrections who does not
exercise general control over offenders imprisoned within the
institutions and facilities of the Department , but whose normal
duties require him to come into contact with those offenders[,]
when carrying out the duties prescribed by the Director of the
Department.
(b) Any person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS 289.150 to 289.360, inclusive,
when carrying out those powers.
8. The murder involved torture or the mutilation of the victim.
9. The murder was committed upon one or more persons at
random and without apparent motive.
10. The murder was committed upon a person less than 14
years of age.
11. The murder was committed upon a person because of the
actual or perceived race, color, religion, national origin, physical or
mental disability or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been
convicted of more than one offense of murder in the first or second
degree. For the purposes of this subsection, a person shall be
deemed to have been convicted of a murder at the time the jury
verdict of guilt is rendered or upon pronouncement of guilt by a
judge or judges sitting without a jury.
13. The person, alone or with others, subjected or attempted to
subject the victim of the murder to nonconsensual sexual penetration
immediately before, during or immediately after the commission of
the murder. For the purposes of this subsection:
(a) “Nonconsensual” means against the victim’s will or under
conditions in which the person knows or reasonably should know
that the victim is mentally or physically incapable of resisting,
consenting or understanding the nature of his conduct, including, but
not limited to, conditions in which the person knows or reasonably
should know that the victim is dead.
(b) “Sexual penetration” means cunnilingus, fellatio or any
intrusion, however slight, of any part of the victim’s body or any
object manipulated or inserted by a person, alone or with others, into
the genital or anal openings of the body of the victim, whether or
not the victim is alive. The term includes, but is not limited to, anal
intercourse and sexual intercourse in what would be its ordinary
meaning.
14. The murder was committed on the property of a public or
private school, at an activity sponsored by a public or private school
or on a school bus while the bus was engaged in its official duties by
a person who intended to create a great risk of death or substantial
bodily harm to more than one person by means of a weapon, device
or course of action that would normally be hazardous to the lives of
more than one person. For the purposes of this subsection, “school
bus” has the meaning ascribed to it in NRS 483.160.
15. The murder was committed with the intent to commit,
cause, aid, further or conceal an act of terrorism. For the
purposes of this subsection, “act of terrorism” has the meaning
ascribed to it in section 7 of this act.
Sec. 6. Chapter 202 of NRS is hereby amended by adding
thereto the provisions set forth as sections 7 to 16, inclusive, of this
act.
Sec. 7. 1. “Act of terrorism” means any act that involves
the use or attempted use of sabotage, coercion or violence which is
intended to:
(a) Cause great bodily harm or death to the general
population; or
(b) Cause substantial destruction, contamination or
impairment of:
(1) Any building or infrastructure, communications,
transportation, utilities or services; or
(2) Any natural resource or the environment.
2. As used in this section, “coercion” does not include an act
of civil disobedience.
Sec. 8. “Chemical agent” means any chemical substance,
material or product, or any component or compound thereof,
which is naturally occurring, cultivated, engineered, processed,
extracted or manufactured and which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the
environment.
Sec. 9. 1. “For use as a weapon” means having the
capability to be used in a harmful or threatening manner.
2. The term does not include any act that is done lawfully for
a prophylactic, protective or peaceful purpose.
Sec. 10. “Material support” means any financial, logistical,
informational or other support or assistance intended to further
an act of terrorism.
Sec. 11. “Oral, written or electronic communication”
includes, without limitation, any of the following:
1. A letter, note or any other type of written correspondence.
2. An item of mail or a package delivered by any person or
postal or delivery service.
3. A telegraph or wire service, or any other similar means of
communication.
4. A telephone, cellular phone, satellite phone, pager or
facsimile machine, or any other similar means of communication.
5. A radio, television, cable, closed circuit, wire, wireless,
satellite or other audio or video broadcast or transmission, or any
other similar means of communication.
6. An audio or video recording or reproduction, or any other
similar means of communication.
7. An item of electronic mail, a computer, computer network
or computer system, or any other similar means of
communication.
Sec. 12. “Radioactive agent” means any radioactive
substance, material or product, or any component or compound
thereof, which is naturally occurring, cultivated, engineered,
processed, extracted or manufactured and which is capable of
causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the
environment.
Sec. 13. “Terrorist” means a person who intentionally
commits, causes, aids, furthers or conceals an act of terrorism or
attempts to commit, cause, aid, further or conceal an act of
terrorism.
Sec. 14. “Weapon of mass destruction” means any weapon
or device that is designed or intended to create a great risk of
death or substantial bodily harm to a large number of persons.
Sec. 15. 1. A person shall not knowingly or intentionally
commit or cause an act of terrorism or attempt to commit or cause
an act of terrorism.
2. A person shall not knowingly or intentionally:
(a) Aid, further or conceal or attempt to aid, further or conceal
an act of terrorism;
(b) Assist, solicit or conspire with another person to commit,
cause, aid, further or conceal an act of terrorism; or
(c) Provide material support with the intent that such material
support be used, in whole or in part, to:
(1) Commit, cause, aid, further or conceal an act of
terrorism; or
(2) Aid a terrorist or conceal a terrorist from detection or
capture.
3. A person who violates subsection 1 is guilty of a category A
felony and:
(a) Shall be punished by imprisonment:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for
parole beginning when a minimum of 20 years has been served;
and
(b) Shall further be punished by a fine of at least $50,000 but
not more than $100,000.
4. A person who violates subsection 2 is guilty of a category A
felony and:
(a) Shall be punished by imprisonment:
(1) For life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served; or
(2) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been served;
and
(b) Shall be further punished by a fine of at least $25,000 but
not more than $50,000.
5. In addition to any other penalty, the court shall order a
person who violates the provisions of this section to pay
restitution:
(a) To each victim for any injuries that are a result of the
violation; and
(b) To the State of Nevada or a local government for any costs
that arise from the violation.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 202.441 is hereby amended to read as follows:
202.441 As used in NRS 202.441 to 202.448, inclusive, and
sections 7 to 16, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in NRS 202.442, 202.443 and
202.444 and sections 7 to 14, inclusive, of this act have the
meanings ascribed to them in those sections.
Sec. 18. NRS 202.442 is hereby amended to read as follows:
202.442 “Biological agent” [has the meaning ascribed to it in
18 U.S.C. § 178.] means any microorganism, virus, infectious
substance or other biological substance, material or product, or
any component or compound thereof, which is naturally
occurring, cultivated, engineered, processed, extracted or
manufactured and which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the
environment.
Sec. 19. NRS 202.443 is hereby amended to read as follows:
202.443 “Delivery system” [has the meaning ascribed to it in
18 U.S.C. § 178.] means any apparatus, equipment, implement,
device or means of delivery which is specifically designed to send,
disperse, release, discharge or disseminate any weapon of mass
destruction, any biological agent, chemical agent, radioactive
agent or other lethal agent or any toxin.
Sec. 20. NRS 202.444 is hereby amended to read as follows:
202.444 “Toxin” [has the meaning ascribed to it in 18 U.S.C. §
178.] means any toxic substance, material or product, or any
component or compound thereof, which is naturally occurring,
cultivated, engineered, processed, extracted or manufactured and
which is capable of causing:
1. Death or substantial bodily harm;
2. Substantial deterioration or contamination of food, water,
equipment, supplies or material of any kind; or
3. Substantial damage to natural resources or the
environment.
Sec. 21. NRS 202.446 is hereby amended to read as follows:
202.446 1. A person shall not knowingly:
(a) Develop, manufacture, produce, assemble, stockpile,
transfer, transport, acquire, retain , store, test or possess [a] any
weapon of mass destruction, any biological agent, chemical agent,
radioactive agent or other lethal agent, any toxin or any delivery
system for use as a weapon; or
(b) Send, deliver, disperse, release, discharge, disseminate or
use any weapon of mass destruction, any biological agent,
chemical agent, radioactive agent or other lethal agent, any toxin
or any delivery system:
(1) With the intent to cause harm, whether or not such
harm actually occurs; or
(2) Under circumstances reasonably likely to cause harm,
whether or not such harm actually occurs.
2. A person shall not knowingly:
(a) Attempt to do any act described in subsection 1; or
(b) Assist , solicit or conspire with another person to do any act
described in [paragraph (a).
2.] subsection 1.
3. A person who violates any provision of subsection 1 is
guilty of a category A felony and shall be punished [by] :
(a) If the crime does not result in substantial bodily harm or
death:
(1) By imprisonment in the state prison[:
(a) For] for life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served[; or
(b) For] , and shall further be punished by a fine of not more
than $20,000; or
(2) By imprisonment in the state prison for a definite term
of 25 years, with eligibility for parole beginning when a minimum
of 10 years has been served[.
3. As used in this section, the term “for use as a weapon” does
not include the development, production, transfer, acquisition,
retention or possession of a biological agent, toxin or delivery
system for prophylactic, protective or other peaceful purposes.] ,
and shall further be punished by a fine of not more than $20,000.
(b) If the crime results in substantial bodily harm or death:
(1) By imprisonment in the state prison for life without the
possibility of parole, and shall further be punished by a fine of not
more than $50,000;
(2) By imprisonment in the state prison for life, with the
possibility of parole, with eligibility for parole beginning when a
minimum of 20 years has been served, and shall further be
punished by a fine of not more than $50,000; or
(3) By imprisonment in the state prison for a definite term
of 40 years, with eligibility for parole beginning when a minimum
of 20 years has been served, and shall further be punished by a
fine of not more than $50,000.
4. A person who violates any provision of subsection 2 is
guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 15 years, and
shall further be punished by a fine of not more than $10,000.
5. In addition to any other penalty, the court shall order a
person who violates the provisions of this section to pay
restitution:
(a) To each victim for any injuries that are a result of the
violation; and
(b) To the State of Nevada or a local government for any costs
that arise from the violation.
6. The provisions of this section do not apply to any act that is
committed in a lawful manner and in the course of a lawful
business, event or activity.
Sec. 22. NRS 202.448 is hereby amended to read as follows:
202.448 1. A person shall not, through the use of any means
of oral, written or electronic communication, knowingly make any
threat or convey any false information concerning an act of
terrorism or the presence, development, manufacture, production,
assemblage, transfer, transportation, acquisition, retention,
storage, testing, possession, delivery, dispersion, release , discharge
or use of [a] any weapon of mass destruction, any biological agent,
chemical agent, radioactive agent or other lethal agent or any
toxinwith the intent to:
(a) Injure, intimidate [, frighten, alarm or distress] or alarm any
person, whether or not any person is actually injured, intimidated [,
frightened, alarmed or distressed] or alarmed thereby;
(b) Cause panic or civil unrest, whether or not such panic or
civil unrest actually occurs;
(c) Extort or profit thereby, whether or not the extortion is
actually successful or any profit actually occurs; or
(d) Interfere with the operations of or cause economic or other
damage to any person or any officer, agency, board, bureau,
commission, department, division or other unit of federal, state or
local government, whether or not such interference or damage
actually occurs.
2. A person who violates any provision of subsection 1 is
guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years, and may be further
punished by a fine of not more than $5,000.
[3. As used in this section, “oral, written or electronic
communication” includes, without limitation, any of the following:
(a) A letter, a note or any other type of written correspondence.
(b) An item of mail or a package delivered by any person or
postal or delivery service.
(c) A telegraph or wire service, or any other similar means of
communication.
(d) A telephone, cellular phone, satellite phone, pager or
facsimile machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit, wire, wireless,
satellite or other audio or video broadcast or transmission, or any
other similar means of communication.
(f) An audio or video recording or reproduction, or any other
similar means of communication.
(g) An item of electronic mail, a modem or computer network,
or the Internet, or any other similar means of communication.]
3. The provisions of this section do not apply to any act that is
committed in a lawful manner and in the course of a lawful
business, event or activity.
Sec. 23. NRS 207.360 is hereby amended to read as follows:
207.360 “Crime related to racketeering” means the commission
of, attempt to commit or conspiracy to commit any of the following
crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnapping;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not
amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of
NRS 205.322;
13. Forgery;
14. Any violation of NRS 199.280 which is punished as a
felony;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of
chapter 197 or 199 of NRS which is punished as a felony;
18. Battery with intent to commit a crime in violation of
NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.3395,
inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 or 202.350 which
is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or
chapter 465 of NRS;
24. Receiving, possessing or withholding stolen goods valued
at $250 or more;
25. Embezzlement of money or property valued at $250 or
more;
26. Obtaining possession of money or property valued at $250
or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence;
29. Any violation of NRS 201.300 or 201.360;
30. Any violation of NRS 90.570, 91.230 or 686A.290, or
insurance fraud pursuant to NRS 686A.291; [or]
31. Any violation of NRS 205.506, 205.920 or 205.930[.] ; or
32. Any violation of NRS 202.446 or section 15 of this act.
Sec. 24. NRS 171.080 is hereby amended to read as follows:
171.080 There is no limitation of the time within which a
prosecution for [murder] :
1. Murder must be commenced. It may be commenced at any
time after the death of the person killed.
2. A violation of section 15 of this act must be commenced. It
may be commenced at any time after the violation is committed.
Sec. 25. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including, without
limitation, any tool, substance, weapon, machine, computer, money
or security, which is used as an instrumentality in any of the
following crimes, is subject to forfeiture:
(a) The commission of or attempted commission of the crime of
murder, robbery, kidnapping, burglary, invasion of the home, grand
larceny, theft if it is punishable as a felony, or pandering;
(b) The commission of or attempted commission of any felony
with the intent to commit, cause, aid, further or conceal an act of
terrorism;
(c) A violation of NRS 202.446 or section 15 of this act;
(d) The commission of any crime by a criminal gang, as defined
in NRS 213.1263; or
[(c)] (e) A violation of NRS 200.465, 202.265, 202.287, 205.473
to 205.513, inclusive, and 205.610 to 205.810, inclusive, or 465.070
to 465.085, inclusive.
2. Except as otherwise provided for conveyances forfeitable
pursuant to NRS 453.301 or 501.3857, all conveyances, including
aircraft, vehicles or vessels, which are used or intended for use
during the commission of a felony or a violation of NRS 202.287,
202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture
except that:
(a) A conveyance used by any person as a common carrier in the
transaction of business as a common carrier is not subject to
forfeiture under this section unless it appears that the owner or other
person in charge of the conveyance is a consenting party or privy to
the felony or violation;
(b) A conveyance is not subject to forfeiture under this section
by reason of any act or omission established by the owner thereof to
have been committed or omitted without his knowledge, consent or
willful blindness;
(c) A conveyance is not subject to forfeiture for a violation of
NRS 202.300 if the firearm used in the violation of that section was
not loaded at the time of the violation; and
(d) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party if he
neither had knowledge of nor consented to the felony. If a
conveyance is forfeited , the appropriate law enforcement agency
may pay the existing balance and retain the conveyance for official
use.
3. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in
the firearm or there is a cartridge in the chamber, if the firearm is a
semiautomatic firearm.
4. As used in this section, “act of terrorism” has the meaning
ascribed to it in section 7 of this act.
Sec. 26. NRS 450B.180 is hereby amended to read as follows:
450B.180 1. Any person desiring certification as an
emergency medical technician must apply to the health authority
using forms prescribed by the health authority.
2. The health authority, pursuant to regulations and procedures
adopted by the board, shall make a determination of the applicant’s
qualifications to be certified as an emergency medical technician,
and shall issue a certificate as an emergency medical technician to
each qualified applicant.
3. A certificate as an emergency medical technician is valid for
a period not exceeding 2 years and may be renewed if the holder of
the certificate complies with the provisions of this chapter and meets
the qualifications set forth in the regulations and standards
established by the board pursuant to this chapter. The regulations
and standards established by the Board must provide for the
completion of a course of instruction, within 2 years after initial
licensure, relating to the medical consequences of an act of
terrorism that involves the use of a weapon of mass destruction.
The course must provide at least 4 hours of instruction that
includes instruction in the following subjects:
(a) An overview of acts of terrorism and weapons of mass
destruction;
(b) Personal protective equipment required for acts of
terrorism;
(c) Common symptoms and methods of treatment associated
with exposure to, or injuries caused by, chemical, biological,
radioactive and nuclear agents;
(d) Syndromic surveillance and reporting procedures for acts
of terrorism that involve biological agents; and
(e) An overview of the information available on, and the use
of, the Health Alert Network.
The Board may thereafter determine whether to establish
regulations and standards requiring additional courses of
instruction relating to the medical consequences of an act of
terrorism that involves the use of a weapon of mass destruction.
4. The health authority may suspend or revoke the certificate of
an emergency medical technician if it finds that the holder of the
certificate no longer meets the prescribed qualifications. Unless the
certificate is suspended by the district court pursuant to NRS
425.540, the holder of the certificate may appeal the suspension or
revocation of his certificate pursuant to regulations adopted by the
board.
5. The board shall determine the procedures and techniques
which may be performed by an emergency medical technician.
6. A certificate issued pursuant to this section is valid
throughout the State, whether issued by the Health Division or a
county or district board of health.
7. The Health Division shall maintain a central registry of all
certificates issued pursuant to this section, whether issued by the
Health Division or a county or district board of health.
8. The board shall adopt such regulations as are necessary to
carry out the provisions of this section.
9. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in section
7 of this act.
(b) “Biological agent” has the meaning ascribed to it in
NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to it in section
8 of this act.
(d) “Radioactive agent” has the meaning ascribed to it in
section 12 of this act.
(e) “Weapon of mass destruction” has the meaning ascribed to
it in section 14 of this act.
Sec. 27. Chapter 463 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Each resort hotel shall adopt and maintain an emergency
response plan. Each new or revised plan must be filed within 3
days after adoption or revision with each local fire department and
local law enforcement agency whose jurisdiction includes the area
in which the resort hotel is located and with the Division of
Emergency Management of the Department of Public Safety.
2. The emergency response plan required by subsection 1
must include:
(a) A drawing or map of the layout of all areas within
the building or buildings and grounds that constitute a part of the
resort hotel and its support systems and a brief description of the
purpose or use for each area;
(b) A drawing or description of the internal and external
access routes;
(c) The location and inventory of emergency response
equipment and resources;
(d) The location of any unusually hazardous substances;
(e) The name and telephone number of the emergency
response coordinator for the resort hotel;
(f) The location of one or more site emergency response
command posts;
(g) A description of any special equipment needed to respond
to an emergency at the resort hotel;
(h) An evacuation plan;
(i) A description of any public health or safety hazards present
on the site; and
(j) Any other information requested by a local fire department
or local law enforcement agency whose jurisdiction includes the
area in which the resort hotel is located or by the Division of
Emergency Management.
3. A plan filed pursuant to the requirements of this section,
including any revisions adopted thereto, is confidential and must
be securely maintained by the department, agency and Division
with whom it is filed. An officer, employee or other person to
whom the plan is entrusted by the department, agency or Division
shall not disclose the contents of such a plan except:
(a) Upon the lawful order of a court of competent jurisdiction;
or
(b) As is reasonably necessary in the case of an emergency
involving public health or safety.
4. As used in this section, the term “local law enforcement
agency” means:
(a) The sheriff's office of a county;
(b) A metropolitan police department; or
(c) A police department of an incorporated city.
Sec. 28. NRS 630.253 is hereby amended to read as follows:
630.253 1. The Board shall, as a prerequisite for the:
[1.] (a) Renewal of a license as a physician assistant; or
[2.] (b) Biennial registration of the holder of a license to
practice medicine,
require each holder to comply with the requirements for continuing
education adopted by the Board.
2. These requirements [may] :
(a) May provide for the completion of one or more courses of
instruction relating to risk management in the performance of
medical services.
(b) Must provide for the completion of a course of instruction,
within 2 years after initial licensure, relating to the medical
consequences of an act of terrorism that involves the use of a
weapon of mass destruction. The course must provide at least 4
hours of instruction that includes instruction in the following
subjects:
(1) An overview of acts of terrorism and weapons of mass
destruction;
(2) Personal protective equipment required for acts of
terrorism;
(3) Common symptoms and methods of treatment
associated with exposure to, or injuries caused by, chemical,
biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for
acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the
use of, the Health Alert Network.
The Board may thereafter determine whether to include in a
program of continuing education additional courses of instruction
relating to the medical consequences of an act of terrorism that
involves the use of a weapon of mass destruction.
3. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in section
7 of this act.
(b) “Biological agent” has the meaning ascribed to it in
NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to it in section
8 of this act.
(d) “Radioactive agent” has the meaning ascribed to it in
section 12 of this act.
(e) “Weapon of mass destruction” has the meaning ascribed to
it in section 14 of this act.
Sec. 29. NRS 631.342 is hereby amended to read as follows:
631.342 1. The Board shall adopt regulations concerning
continuing education in dentistry and dental hygiene. The
regulations must include:
[1.] (a) The number of hours of credit required annually;
[2.] (b) The criteria used to accredit each course; [and
3.] (c) The requirements for submission of proof of attendance
at courses [.] ; and
(d) A provision requiring the completion of a course of
instruction, within 2 years after initial licensure, relating to the
medical consequences of an act of terrorism that involves the use
of a weapon of mass destruction. The course must provide at least
4 hours of instruction that includes instruction in the following
subjects:
(1) An overview of acts of terrorism and weapons of mass
destruction;
(2) Personal protective equipment required for acts of
terrorism;
(3) Common symptoms and methods of treatment
associated with exposure to, or injuries caused by, chemical,
biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for
acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the
use of, the Health Alert Network.
The Board may thereafter determine whether to include in a
program of continuing education additional courses of instruction
relating to the medical consequences of an act of terrorism that
involves the use of a weapon of mass destruction.
2. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in section
7 of this act.
(b) “Biological agent” has the meaning ascribed to it in
NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to it in section
8 of this act.
(d) “Radioactive agent” has the meaning ascribed to it in
section 12 of this act.
(e) “Weapon of mass destruction” has the meaning ascribed to
it in section 14 of this act.
Sec. 30. NRS 632.343 is hereby amended to read as follows:
632.343 1. The Board shall not renew any license issued
under this chapter until the licensee has submitted proof satisfactory
to the Board of completion, during the 2-year period before renewal
of the license, of 30 hours in a program of continuing education
approved by the Board. The licensee is exempt from this provision
for the first biennial period after graduation from an accredited
school of professional nursing or practical nursing.
2. The Board shall review all courses offered to nurses for the
completion of the requirement set in subsection 1. The Board may
approve nursing and other courses which are directly related to the
practice of nursing as well as others which bear a reasonable
relationship to current developments in the field of nursing or any
special area of practice in which a licensee engages. These may
include academic studies, workshops, extension studies, home study
and other courses.
3. The program of continuing education required by
subsection 1 must include a course of instruction, to be completed
within 2 years after initial licensure, relating to the medical
consequences of an act of terrorism that involves the use of a
weapon of mass destruction. The course must provide at least 4
hours of instruction that includes instruction in the following
subjects:
(a) An overview of acts of terrorism and weapons of mass
destruction;
(b) Personal protective equipment required for acts of
terrorism;
(c) Common symptoms and methods of treatment associated
with exposure to, or injuries caused by, chemical, biological,
radioactive and nuclear agents;
(d) Syndromic surveillance and reporting procedures for acts
of terrorism that involve biological agents; and
(e) An overview of the information available on, and the use
of, the Health Alert Network.
The Board may thereafter determine whether to include in a
program of continuing education additional courses of instruction
relating to the medical consequences of an act of terrorism that
involves the use of a weapon of mass destruction.
4. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in section
7 of this act.
(b) “Biological agent” has the meaning ascribed to it in
NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to it in section
8 of this act.
(d) “Radioactive agent” has the meaning ascribed to it in
section 12 of this act.
(e) “Weapon of mass destruction” has the meaning ascribed to
it in section 14 of this act.
Sec. 31. Each person who is:
1. Certified as an emergency medical technician pursuant to the
provisions of chapter 450B of NRS;
2. Licensed as a physician assistant or licensed to practice
medicine pursuant to the provisions of chapter 630 of NRS;
3. Licensed to practice dentistry or dental hygiene pursuant to
the provisions of chapter 631 of NRS; or
4. Licensed as a nurse pursuant to the provisions of chapter 632
of NRS,
and who is not within the period of his initial licensure on
October 1, 2003, shall complete a course of instruction, before
September 30, 2005, relating to the medical consequences of an act
of terrorism that involves the use of a weapon of mass destruction as
set forth in sections 26, 28, 29 and 30, respectively, of this act.
Sec. 32. 1. Each resort hotel shall adopt and file the
emergency response plan required by section 27 of this act on or
before October 1, 2003, in the manner required by that section.
2. As used in this section, the term “resort hotel” has the
meaning ascribed to it in NRS 463.01865.
Sec. 33. 1. This section and sections 1 to 25, inclusive, and
32 of this act become effective upon passage and approval.
2. Sections 26 and 28 to 31, inclusive, of this act become
effective on July 1, 2003, for the purpose of adopting regulations
and performing any other preparatory administrative tasks that are
necessary to carry out those sections and on October 1, 2003, for all
other purposes.
3. Section 27 of this act becomes effective on October 1, 2003.
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