Assembly Bill No. 53–Assemblymen Oceguera, Leslie, Koivisto, Parks, Giunchigliani, Buckley, Claborn, Conklin, Perkins and Pierce

 

CHAPTER..........

 

AN ACT relating to crimes; providing for an enhanced penalty for committing an assault or battery upon certain providers of health care; 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 200.471 is hereby amended to read as follows:

    200.471  1.  As used in this section:

    (a) “Assault” means intentionally placing another person in

reasonable apprehension of immediate bodily harm.

    (b) “Officer” means:

        (1) A person who possesses some or all of the powers of a

peace officer;

        (2) A person employed in a full-time salaried occupation of

fire fighting for the benefit or safety of the public;

        (3) A member of a volunteer fire department;

        (4) A jailer, guard, matron or other correctional officer of a

city or county jail;

        (5) A justice of the supreme court, district judge, justice of

the peace, municipal judge, magistrate, court commissioner, master

or referee, including a person acting pro tempore in a capacity listed

in this subparagraph; or

        (6) An employee of the State or a political subdivision of the

State whose official duties require him to make home visits.

    (c) “Provider of health care” means a physician, a physician

assistant, a practitioner of respiratory care, a homeopathic

physician, an advanced practitioner of homeopathy, a

homeopathic assistant, an osteopathic physician, an osteopathic

physician’s assistant, a podiatric physician, a podiatry hygienist, a

physical therapist, a medical laboratory technician, an optometrist,

a chiropractor, a chiropractor’s assistant, a doctor of Oriental

medicine, a nurse, a student nurse, a certified nursing assistant, a

nursing assistant trainee, a dentist, a dental hygienist, a

pharmacist, an intern pharmacist, an attendant on an ambulance

or air ambulance, a psychologist, a social worker, a marriage and

family therapist and an emergency medical technician.

    (d) “School employee” means a licensed or unlicensed person

employed by a board of trustees of a school district pursuant to

NRS 391.100.

    [(d)] (e) “Taxicab” has the meaning ascribed to it in

NRS 706.8816.

    [(e)] (f) “Taxicab driver” means a person who operates a

taxicab.

    [(f)] (g) “Transit operator” means a person who operates a bus

or other vehicle as part of a public mass transportation system.

    2.  A person convicted of an assault shall be punished:

    (a) If paragraph (c) or (d) of this subsection does not apply to

the circumstances of the crime and the assault is not made with the

use of a deadly weapon, or the present ability to use a deadly

weapon, for a misdemeanor.

    (b) If the assault is made with the use of a deadly weapon, or the

present ability to use a deadly weapon, for a category B felony 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.

    (c) If paragraph (d) of this subsection does not apply to the

circumstances of the crime and if the assault is committed upon an

officer, a provider of health care, a school employee, a taxicab

driver or a transit operator who is performing his duty and the

person charged knew or should have known that the victim was an

officer, a provider of health care, a school employee, a taxicab

driver or a transit operator, for a gross misdemeanor, unless the

assault is made with the use of a deadly weapon, or the present

ability to use a deadly weapon, then for a category B felony 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.

    (d) If the assault is committed upon an officer, a provider of

health care, a school employee, a taxicab driver or a transit operator

who is performing his duty, by a probationer, a prisoner who is in

lawful custody or confinement or a parolee, and the probationer,

prisoner or parolee charged knew or should have known that the

victim was an officer, a provider of health care, a school employee,

a taxicab driver or a transit operator, for a category D felony as

provided in NRS 193.130, unless the assault is made with the use of

a deadly weapon, or the present ability to use a deadly weapon, then

for a category B felony 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.

    Sec. 2. NRS 200.481 is hereby amended to read as follows:

    200.481  1.  As used in this section:

    (a) “Battery” means any willful and unlawful use of force or

violence upon the person of another.

    (b) “Child” means a person less than 18 years of age.

    (c) “Officer” means:

        (1) A person who possesses some or all of the powers of a

peace officer;

        (2) A person employed in a full-time salaried occupation of

fire fighting for the benefit or safety of the public;

        (3) A member of a volunteer fire department;

        (4) A jailer, guard, matron or other correctional officer of a

city or county jail or detention facility;

        (5) A justice of the Supreme Court, district judge, justice of

the peace, municipal judge, magistrate, court commissioner, master

or referee, including, without limitation, a person acting pro tempore

in a capacity listed in this subparagraph; or

        (6) An employee of the State or a political subdivision of the

State whose official duties require him to make home visits.

    (d) “Provider of health care” has the meaning ascribed to it in

NRS 200.471.

    (e) “School employee” means a licensed or unlicensed person

employed by a board of trustees of a school district pursuant to

NRS 391.100.

    [(e)] (f) “Taxicab” has the meaning ascribed to it in

NRS 706.8816.

    [(f)] (g) “Taxicab driver” means a person who operates a

taxicab.

    [(g)] (h) “Transit operator” means a person who operates a bus

or other vehicle as part of a public mass transportation system.

    2.  Except as otherwise provided in NRS 200.485, a person

convicted of a battery, other thana battery committed by an adult

upon a child which constitutes child abuse, shall be punished:

    (a) If the battery is not committed with a deadly weapon, and no

substantial bodily harm to the victim results, except under

circumstances where a greater penalty is provided in paragraph (d)

or in NRS 197.090, for a misdemeanor.

    (b) If the battery is not committed with a deadly weapon, and

substantial bodily harm to the victim results, for a category C felony

as provided in NRS 193.130.

    (c) If the battery is committed upon an officer, provider of

health care, school employee, taxicab driver or transit operator and:

        (1) The officer, provider of health care, school employee,

taxicab driver or transit operator was performing his duty;

        (2) The officer, provider of health care, school employee,

taxicab driver or transit operator suffers substantial bodily harm; and

        (3) The person charged knew or should have known that the

victim was an officer, provider of health care, school employee,

taxicab driver or transit operator,

for a category B felony by imprisonment in the state prison for a

minimum term of not less than 2 years and a maximum term of not

more than 10 years, or by a fine of not more than $10,000, or by

both fine and imprisonment.

    (d) If the battery is committed upon an officer, provider of

health care, school employee, taxicab driver or transit operator who

is performing his duty and the person charged knew or should have

known that the victim was an officer, provider of health care,

school employee, taxicab driver or transit operator, for a gross

misdemeanor, except under circumstances where a greater penalty is

provided in this section.

    (e) If the battery is committed with the use of a deadly weapon,

and:

        (1) No substantial bodily harm to the victim results, for a

category B felony by imprisonment in the state prison for a

minimum term of not less than 2 years and a maximum term of not

more than 10 years,and may be further punished by a fine of not

more than $10,000.

        (2) Substantial bodily harm to the victim results, for a

category B felony 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 may be further punished by a fine of not

more than $10,000.

    (f) If the battery is committed by a probationer, a prisoner who

is in lawful custody or confinement or a parolee, without the use of

a deadly weapon, whether or not substantial bodily harm results, for

a category B felony 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.

    (g) If the battery is committed by a probationer, a prisoner who

is in lawful custody or confinement or a parolee, with the use of a

deadly weapon, and:

        (1) No substantial bodily harm to the victim results, for a

category B felony by imprisonment in the state prison for a

minimum term of not less than 2 years and a maximum term of not

more than 10 years.

        (2) Substantial bodily harm to the victim results, for a

category B felony 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.

 

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