Senate Bill No. 282–Senator Shaffer (by request)

 

March 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Prohibits and enhances penalties for certain acts concerning alcohol and controlled substances in state parks. (BDR 35‑1156)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to state parks; prohibiting a person from possessing, consuming or being under the influence of an alcoholic beverage in a state park; enhancing the penalty for possessing, consuming or being under the influence of a controlled substance in a state park; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 407 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  It is unlawful for a person to possess, consume or be under

1-4  the influence of an alcoholic beverage in a state park.

1-5  2.  A person who violates this section is guilty of a

1-6  misdemeanor.

1-7  3.  As used in this section, “alcoholic beverage” has the

1-8  meaning ascribed to it in NRS 202.015.

1-9  Sec. 2.  NRS 453.3345 is hereby amended to read as follows:

1-10      453.3345  1.  Unless a greater penalty is provided in NRS

1-11  453.333 or 453.334, and except as otherwise provided in NRS

1-12  193.169, any person who [violates] :

1-13      (a) Violates NRS 453.321, 453.322 or 453.323:

2-1  [(a)] (1) On the grounds of a public or private school, a

2-2  playground, public park, public swimming pool, recreational center

2-3  for youths or a video arcade;

2-4  [(b)] (2) On a campus of the University and Community

2-5  College System of Nevada;

2-6  [(c)] (3) Within 1,000 feet of the perimeter of such a school

2-7  ground or campus, playground, park, pool, recreational center or

2-8  arcade; or

2-9  [(d)] (4) Within 1,000 feet of a school bus stop from 1 hour

2-10  before school begins until 1 hour after school ends during scheduled

2-11  school days[,] ; or

2-12      (b) Violates NRS 453.336 or 453.411 on the grounds of a state

2-13  park,

2-14  must be punished by imprisonment in the state prison for a term

2-15  equal to and in addition to the term of imprisonment prescribed by

2-16  statute for the crime. The sentence prescribed by this section runs

2-17  consecutively with the sentence prescribed by statute for the crime.

2-18      2.  This section does not create a separate offense but provides

2-19  an additional penalty for the primary offense, whose imposition is

2-20  contingent upon the finding of the prescribed fact.

2-21      3.  For the purposes of this section:

2-22      (a) “Playground” means any outdoor facility, intended for

2-23  recreation, open to the public and in any portion thereof containing

2-24  one or more apparatus intended for the recreation of children, such

2-25  as a sliding board, teeterboard, sandbox or swingset.

2-26      (b) “Recreational center for youths” means a recreational facility

2-27  or gymnasium which regularly provides athletic, civic or cultural

2-28  activities for persons under 18 years of age.

2-29      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

2-30      (d) “Video arcade” means a facility legally accessible to persons

2-31  under 18 years of age, intended primarily for the use of pinball and

2-32  video machines for amusement and which contains a minimum of

2-33  10 such machines.

 

2-34  H