Assembly Bill No. 335–Assemblymen Manendo, Horne, Parks, McCleary, Conklin, Andonov, Arberry, Atkinson, Carpenter, Chowning, Christensen, Claborn, Collins, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Gustavson, Hardy, Knecht, Koivisto, Leslie, McClain, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams

 

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AN ACT relating to traffic laws; increasing the penalty for evading a peace officer when evading the peace officer results in death or substantial bodily harm to another person; 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 484.348 is hereby amended to read as follows:

    484.348  1.  Except as otherwise provided in this section, the

driver of a motor vehicle who willfully fails or refuses to bring his

vehicle to a stop, or who otherwise flees or attempts to elude a peace

officer in a readily identifiable vehicle of any police department or

regulatory agency, when given a signal to bring his vehicle to a stop

is guilty of a misdemeanor.

    2.  The signal by the peace officer described in subsection 1

must be by flashing red lamp and siren.

    3.  [Except as otherwise provided in subsection 2] Unless the

provisions of NRS 484.377[,] apply if, while violating the

provisions of subsection 1, the driver of the motor vehicle:

    (a) Is the proximate cause of [the death of or bodily harm to any

person other than himself or] damage to the property of a person

other than himself; or

    (b) Operates the motor vehicle in a manner which endangers or

is likely to endanger any person other than himself or the property

of any person other than himself,

the driver 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, or by a

fine of not more than $5,000, or by both fine and imprisonment.

    4.  If, while violating the provisions of subsection 1, the driver

of the motor vehicle is the proximate cause of the death of or

bodily harm to any person other than himself, the driver 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, or by a fine of not more

than $10,000, or by both fine and imprisonment.

 

    Sec. 2.  NRS 484.377 is hereby amended to read as follows:

    484.377  1.  It is unlawful for a person to:

    (a) Drive a vehicle in willful or wanton disregard of the safety of

persons or property.

    (b) Drive a vehicle in an unauthorized speed contest on a public

highway.

A violation of this subsection or subsection 1 of NRS 484.348

constitutes reckless driving.

    2.  [A] Unless a greater penalty is provided pursuant to

subsection 4 of NRS 484.348, a person who does any act or

neglects any duty imposed by law while driving or in actual physical

control of any vehicle in willful or wanton disregard of the safety of

persons or property, if the act or neglect of duty proximately causes

the death of or substantial bodily harm to a person other than

himself, 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, or by a

fine of not more than $5,000, or by both fine and imprisonment.

 

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