Assembly Bill No. 73–Assemblymen McClain, Claborn, Chowning, Parks, Conklin, Anderson, Andonov, Arberry, Atkinson, Buckley, Carpenter, Collins, Gibbons, Giunchigliani, Goldwater, Grady, Horne, Koivisto, Leslie, Manendo, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce and Williams (by request)
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.167 is hereby amended to read as follows:
193.167 1. Except as otherwise provided in NRS 193.169,
any person who commits the crime of:
(a) Murder;
(b) Attempted murder;
(c) Assault;
(d) Battery;
(e) Kidnapping;
(f) Robbery;
(g) Sexual assault;
(h) Embezzlement of money or property of a value of $250 or
more;
(i) Obtaining money or property of a value of $250 or more by
false pretenses; or
(j) Taking money or property from the person of another,
against any person who is [65] 60 years of age or older shall be
punished by imprisonment in the county jail or state prison,
whichever applies, for a term equal to and in addition to the term of
imprisonment prescribed by statute for the crime. The sentence
prescribed by this subsection must run consecutively with the
sentence prescribed by statute for the crime.
2. Except as otherwise provided in NRS 193.169, any person
who commits a criminal violation of the provisions of chapter 90 or
91 of NRS against any person who is [65] 60 years of age or older
shall be punished by imprisonment in the county jail or state prison,
whichever applies, for a term equal to and in addition to the term of
imprisonment prescribed by statute for the criminal violation. The
sentence prescribed by this subsection must run consecutively with
the sentence prescribed by statute for the criminal violation.
3. This section does not create any 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 200.5099 is hereby amended to read as follows:
200.5099 1. Except as otherwise provided in subsection 6,
any person who abuses an older person [, causing the older person to
suffer unjustifiable physical pain or mental suffering,] is guilty :
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense or if the person has been
previously convicted of violating a law of any other jurisdiction
that prohibits the same or similar conduct, 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 6 years, unless a more severe penalty is prescribed by law
for the act or omission which brings about the abuse.
2. Except as otherwise provided in subsection 7,any person
who has assumed responsibility, legally, voluntarily or pursuant to a
contract, to care for an older person and who:
(a) Neglects the older person, causing the older person to suffer
physical pain or mental suffering;
(b) Permits or allows the older person to suffer unjustifiable
physical pain or mental suffering; or
(c) Permits or allows the older person to be placed in a situation
where the older person may suffer physical pain or mental suffering
as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is
prescribed by law for the act or omission which brings about the
abuse or neglect.
3. Except as otherwise provided in subsection 4,any person
who exploits an older person shall be punished, if the value of any
money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonment in the
county jail for not more than 1 year, or by a fine of not more than
$2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, 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; or
(c) Is $5,000 or more, 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 20 years, or by a fine of not more
than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which
brought about the exploitation. The monetary value of all of the
money, assets and property of the older person which have been
obtained or used, or both, may be combined for the purpose of
imposing punishment for an offense charged pursuant to this
subsection.
4. If a person exploits an older person and the monetary value
of any money, assets and property obtained cannot be determined,
the person shall be punished for a gross misdemeanor by
imprisonment in the county jail for not more than 1 year, or by a
fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, 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
10 years, and may be further punished by a fine of not more than
$5,000.
6. A person who violates any provision of subsection 1, if
substantial bodily or mental harm or death results to the older
person, 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 20 years, unless
a more severe penalty is prescribed by law for the act or omission
which brings about the abuse.
7. A person who violates any provision of subsection 2, if
substantial bodily or mental harm or death results to the older
person, shall be punished 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 6 years, unless a more severe
penalty is prescribed by law for the act or omission which brings
about the abuse or neglect.
8. In addition to any other penalty imposed against a person
for a violation of any provision of NRS 200.5091 to 200.50995,
inclusive, the court shall order the person to pay restitution.
9. As used in this section:
(a) “Allow” means to take no action to prevent or stop the abuse
or neglect of an older person if the person knows or has reason to
know that the older person is being abused or neglected.
(b) “Permit” means permission that a reasonable person would
not grant and which amounts to a neglect of responsibility attending
the care and custody of an older person.
(c) “Substantial mental harm” means an injury to the
intellectual or psychological capacity or the emotional condition of
an older person as evidenced by an observable and substantial
impairment of the ability of the older person to function within his
normal range of performance or behavior.
Sec. 3. NRS 200.50995 is hereby amended to read as follows:
200.50995 A person who conspires with another to commit
abuse, exploitation or isolation of an older person as prohibited by
NRS 200.5099 [,] shall be punished:
1. For the first offense, for a gross misdemeanor.
2. For the second and all subsequent offenses, for a category C
felony as provided in NRS 193.130.
[In addition to any other penalty, the court shall order the person to
pay restitution.] Each person found guilty of such a conspiracy is
jointly and severally liable for the restitution ordered by the court
pursuant to NRS 200.5099 with each other person found guilty of
the conspiracy.
Sec. 4. NRS 207.014 is hereby amended to read as follows:
207.014 1. A person who:
(a) Has been convicted in this state of any felony committed on
or after July 1, 1995, of which fraud or intent to defraud is an
element; and
(b) Has previously been two times convicted, whether in this
state or elsewhere, of any felony of which fraud or intent to defraud
is an element before the commission of the felony under paragraph
(a) of this subsection,
is a habitually fraudulent felon and shall be punished for a category
B felony by imprisonment in the state prison for a minimum term of
not less than 5 years and a maximum term of not more than 20
years, if the victim of each offense was [65 years of age or] an older
person or a mentally disabled person.
2. The prosecuting attorney shall include a count under this
section in any information or shall file a notice of habitually
fraudulent felon if an indictment is found, if the prior convictions
and the alleged offense committed by the accused are felonies of
which fraud or intent to defraud is an element and the victim of each
offense was:
(a) [Sixty-five years of age or older;] An older person; or
(b) A mentally disabled person.
3. The trial judge may not dismiss a count under this section
that is included in an indictment or information.
4. As used in this section [, “mentally] :
(a) “Mentally disabled person” means a person who has a
mental impairment which is medically documented and substantially
limits one or more of the person’s major life activities. The term
includes, but is not limited to, a person who:
[(a)] (1) Is mentally retarded;
[(b)] (2) Suffers from a severe mental or emotional illness;
[(c)] (3) Has a severe learning disability; or
[(d)] (4) Is experiencing a serious emotional crisis in his life as a
result of the fact that he or a member of his immediate family has a
catastrophic illness.
(b) “Older person” means a person who is:
(1) Sixty-five years of age or older if the crime was
committed before October 1, 2003.
(2) Sixty years of age or older if the crime was committed
on or after October 1, 2003.
Sec. 5. NRS 598.0933 is hereby amended to read as follows:
598.0933 “Elderly person” means a person who is [65] 60
years of age or older.
Sec. 6. NRS 599B.270 is hereby amended to read as follows:
599B.270 As used in NRS 599B.270 to 599B.300, inclusive,
unless the context otherwise requires:
1. “Disabled person” means a person who:
(a) Has a physical or mental impairment that substantially limits
one or more of the major life activities of the person;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
2. “Elderly person” means a person who is [65] 60 years of age
or older.
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