Assembly Bill No. 443–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to controlled substances; providing for an additional penalty for selling or providing certain controlled substances where the use of the controlled substance results in death or substantial bodily harm and the defendant failed to render or seek the necessary medical assistance; 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.  Except as otherwise provided in NRS 193.169, a defendant

who is found guilty of violating NRS 453.321 or 453.333 where:

    (a) The use of the controlled substance by a person resulted in

death or substantial bodily harm to the person;

    (b) The defendant was in the presence of the injured person

when he manifested an adverse physical reaction to the controlled

substance; and

    (c) The defendant failed to render or seek necessary medical

assistance for the injured person in a timely manner,

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.

    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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