Assembly Bill No. 302–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to controlled substances; repealing a duplicative provision concerning the penalty for the sale of imitation controlled substances; 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. NRS 453.3345 is hereby amended to read as

follows:

    453.3345  1.  Unless a greater penalty is provided in NRS

453.333 or 453.334, and except as otherwise provided in NRS

193.169, any person who violates NRS 453.321[, 453.322 or

453.323:] or 453.322:

    (a) On the grounds of a public or private school, a playground,

public park, public swimming pool, recreational center for youths or

a video arcade;

    (b) On a campus of the University and Community College

System of Nevada;

    (c) Within 1,000 feet of the perimeter of such a school ground or

campus, playground, park, pool, recreational center or arcade; or

    (d) Within 1,000 feet of a school bus stop from 1 hour before

school begins until 1 hour after school ends during scheduled school

days,

must 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 runs

consecutively with the sentence prescribed by statute for the crime.

    2.  This section does not create a separate offense but provides

an additional penalty for the primary offense, whose imposition is

contingent upon the finding of the prescribed fact.

    3.  For the purposes of this section:

    (a) “Playground” means any outdoor facility, intended for

recreation, open to the public and in any portion thereof containing

one or more apparatus intended for the recreation of children, such

as a sliding board, teeterboard, sandbox or swingset.

    (b) “Recreational center for youths” means a recreational facility

or gymnasium which regularly provides athletic, civic or cultural

activities for persons under 18 years of age.

    (c) “School bus” has the meaning ascribed to it in NRS 483.160.

    (d) “Video arcade” means a facility legally accessible to persons

under 18 years of age, intended primarily for the use of pinball and

video machines for amusement and which contains a minimum of

10 such machines.

    Sec. 2.  NRS 453.323 is hereby repealed.

    Sec. 3.  This act becomes effective upon passage and approval.

 

TEXT OF REPEALED SECTION

 

    453.323  Substitution of substance in unlawful transaction

prohibited; penalties; prohibition against probation or

suspension of sentence for certain repeat offenders.

    1.  A person who offers, agrees or arranges unlawfully to sell,

supply, transport, deliver, give or administer any controlled

substance classified in schedule I or II and then sells, supplies,

transports, delivers, gives or administers any other substance in

place of the controlled substance is guilty of a category C felony and

shall be punished as provided in NRS 193.130.

    2.  The court shall not grant probation to or suspend the

sentence of a person convicted of violating subsection 1 if he has

previously been convicted of any felony offense under the Uniform

Controlled Substances Act or of any offense under the laws of the

United States or any state, territory or district which, if committed in

this state, would amount to a felony under the Uniform Controlled

Substances Act.

    3.  A person who offers, agrees or arranges unlawfully to sell,

supply, transport, deliver, give or administer any controlled

substance classified in schedule III, IV or V and then sells, supplies,

transports, delivers, gives or administers any other substance in

place of the controlled substance is guilty of a category D felony

and shall be punished as provided in NRS 193.130.

 

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