Assembly Bill No. 107–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides additional penalty for committing certain crimes in violation of temporary or extended order for protection. (BDR 15‑285)

 

FISCAL NOTE:  Effect on Local Government: No.

                           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 crimes; providing an additional penalty for committing a felony in violation of a temporary or extended order for protection; prohibiting a court from granting probation to a person who commits such a crime; 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 193 of NRS is hereby amended by adding

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

1-3  1.  Except as otherwise provided in NRS 193.169, a person

1-4  who commits a crime that is punishable as a felony, other than a

1-5  crime that is punishable as a felony pursuant to subsection 5 of

1-6  NRS 200.591, in violation of:

1-7  (a) A temporary or extended order for protection against

1-8  domestic violence issued pursuant to NRS 33.020;

1-9  (b) An order for protection against harassment in the

1-10  workplace issued pursuant to NRS 33.270;

1-11      (c) An order for protection against domestic violence issued in

1-12  an action or proceeding brought pursuant to title 11 of NRS; or

 

2-1  (d) A temporary or extended order issued pursuant to

2-2  NRS 200.591,

2-3  shall be punished by imprisonment in the state prison, except as

2-4  otherwise provided in this subsection, for a term equal to and in

2-5  addition to the term of imprisonment prescribed by statute for that

2-6  crime. If the crime committed by the person is punishable as a

2-7  category A felony or category B felony, in addition to the term of

2-8  imprisonment prescribed by statute for that crime, the person shall

2-9  be punished by imprisonment in the state prison for a minimum

2-10  term of not less than 1 year and a maximum term of not more than

2-11  5 years. The sentence prescribed by this section runs concurrently

2-12  or consecutively with the sentence prescribed by statute for the

2-13  crime, as ordered by the court.

2-14      2.  The court shall not grant probation to or suspend the

2-15  sentence of any person convicted of attempted murder, battery

2-16  which involves the use of a deadly weapon, or battery which

2-17  results in substantial bodily harm if an additional term of

2-18  imprisonment may be imposed for that primary offense pursuant

2-19  to this section.

2-20      3.  This section does not create a separate offense but provides

2-21  an additional penalty for the primary offense, whose imposition is

2-22  contingent upon the finding of the prescribed fact.

2-23      Sec. 2.  NRS 193.169 is hereby amended to read as follows:

2-24      193.169  1.  A person who is sentenced to an additional term

2-25  of imprisonment pursuant to the provisions of subsection 1 of NRS

2-26  193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675,

2-27  193.168 or 453.3345 or section 1 of this act must not be sentenced

2-28  to an additional term of imprisonment pursuant to any of the other

2-29  listed sections even if the person’s conduct satisfies the

2-30  requirements for imposing an additional term of imprisonment

2-31  pursuant to another one or more of those sections.

2-32      2.  A person who is sentenced to an alternative term of

2-33  imprisonment pursuant to subsection 2 of NRS 193.161 must not be

2-34  sentenced to an additional term of imprisonment pursuant to

2-35  subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,

2-36  193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act

2-37  even if the person’s conduct satisfies the requirements for imposing

2-38  an additional term of imprisonment pursuant to another one or more

2-39  of those sections.

2-40      3.  This section does not:

2-41      (a) Affect other penalties or limitations upon probation or

2-42  suspension of a sentence contained in the sections listed in

2-43  subsection 1 or 2.

2-44      (b) Prohibit alleging in the alternative in the indictment or

2-45  information that the person’s conduct satisfies the requirements of

3-1  more than one of the sections listed in subsection 1 or 2 and

3-2  introducing evidence to prove the alternative allegations.

3-3  Sec. 3.  NRS 33.100 is hereby amended to read as follows:

3-4  33.100  [1.] A person who violates a temporary or extended

3-5  order is guilty of a misdemeanor, unless a more severe penalty is

3-6  prescribed by law for the act that constitutes the violation of the

3-7  order. [If the violation is accompanied by a violent physical act by

3-8  the adverse party against a person protected by the order, the court

3-9  shall:

3-10      (a) Impose upon the adverse party a fine of $1,000 or require

3-11  him to perform a minimum of 200 hours of community service;

3-12      (b) Sentence him to imprisonment for not fewer than 5 days nor

3-13  more than 6 months;

3-14      (c) Order him to reimburse the applicant, in an amount

3-15  determined by the court, for all costs and attorney’s fees incurred by

3-16  the applicant in seeking to enforce the temporary or extended order,

3-17  and for all medical expenses of the applicant and any minor child

3-18  incurred as a result of the violent physical act; and

3-19      (d) Order him to participate in and complete a program of

3-20  professional counseling, at his own expense, if such counseling is

3-21  available.

3-22      2.  The adverse party shall comply with the order for

3-23  reimbursement of the applicant before paying a fine imposed

3-24  pursuant to this section.]

3-25      Sec. 4.  NRS 125.560 is hereby amended to read as follows:

3-26      125.560  [1.] A person who violates a restraining order or

3-27  injunction:

3-28      [(a)] 1. That is in the nature of a temporary or extended order

3-29  for protection against domestic violence; and

3-30      [(b)] 2. That is issued in an action or proceeding brought

3-31  pursuant to this Title,

3-32  is guilty of a misdemeanor, unless a more severe penalty is

3-33  prescribed by law for the act that constitutes the violation of the

3-34  order or injunction. For the purposes of this [subsection,] section, an

3-35  order or injunction is in the nature of a temporary or extended order

3-36  for protection against domestic violence if it grants relief that might

3-37  be given in a temporary or extended order issued pursuant to NRS

3-38  33.017 to 33.100, inclusive.

3-39      [2.  If the violation is accompanied by a violent physical act

3-40  against a person protected by the order or injunction, the court shall:

3-41      (a) Impose upon the person committing the act a fine of $1,000

3-42  or require him to perform a minimum of 200 hours of community

3-43  service;

3-44      (b) Sentence him to imprisonment for not fewer than 5 days nor

3-45  more than 6 months;

4-1  (c) Order him to reimburse the person obtaining the order or

4-2  injunction, in an amount determined by the court, for all costs and

4-3  attorney’s fees incurred by that person in seeking to enforce the

4-4  order or injunction, and for all medical expenses of the person and

4-5  any minor child incurred as a result of the violent physical act; and

4-6  (d) Order him to participate in and complete a program of

4-7  professional counseling, at his own expense, if such counseling is

4-8  available.

4-9  3.  The person committing the violation shall comply with the

4-10  order for reimbursement of the person obtaining the order or

4-11  injunction before paying any fine imposed pursuant to this section.]

 

4-12  H