Assembly Bill No. 33–Assemblyman Horne

 

CHAPTER..........

 

AN ACT relating to crimes; providing for an additional penalty to be imposed upon a person who is convicted of manufacturing methamphetamines in certain circumstances; 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. Chapter 453 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    1.  Unless a greater penalty is provided by law, and except as

 otherwise provided in NRS 193.169, any person who violates NRS

 453.322, 453.3385 or 453.3395 where the violation included the

 manufacture of any material, compound, mixture or preparation

 which contains any quantity of methamphetamine:

    (a) Within 500 feet of a residence, business, church,

 synagogue or other place of religious worship, public or private

 school, campus of the University and Community College System

 of Nevada, playground, public park, public swimming pool or

 recreational center for youths;

    (b) In the presence of a person who is less than 18 years of

 age; or

    (c) In a manner which creates a great risk of death or

 substantial bodily harm to another person,

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

 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” has the meaning ascribed to it in

NRS 453.3345.

    (b) “Recreational center for youths” has the meaning ascribed

 to it in NRS 453.3345.

    (c) “Residence” means any house, room, apartment, tenement,

 manufactured home as defined in NRS 489.113, or mobile home

 as defined in NRS 489.120, that is designed or intended for

 occupancy.

    Sec. 2.  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 section 1 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 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 or section 1 of this act

 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.

 

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