Assembly Bill No. 189–Assemblymen Parks, Chowning, Koivisto, Manendo, Anderson, Atkinson, Buckley, Claborn, Conklin, Geddes, Goldwater, Grady, Griffin, Hardy, Knecht, Leslie, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce, Sherer and Williams (by request)

 

February 24, 2003

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Joint Sponsor: Senator Wiener

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions concerning false imprisonment. (BDR 15‑960)

 

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 a greater penalty for false imprisonment when committed by using the person so imprisoned as a shield or to avoid arrest; 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. NRS 200.460 is hereby amended to read as follows:

1-2  200.460 1.  False imprisonment is an unlawful violation of the

1-3  personal liberty of another, and consists in confinement or detention

1-4  without sufficient legal authority.

1-5  2.  A person convicted of false imprisonment shall pay all

1-6  damages sustained by the person so imprisoned, and, except as

1-7  otherwise provided in subsection 3, is guilty of a gross

1-8  misdemeanor.

1-9  3.  [If] Unless a greater penalty is provided pursuant to

1-10  subsection 4, if the false imprisonment is committed:

2-1  (a) By a prisoner in a penal institution without a deadly weapon;

2-2  or

2-3  (b) By any other person with the use of a deadly weapon,

2-4  the person convicted of such a false imprisonment is guilty of a

2-5  category B felony and shall be punished by imprisonment in the

2-6  state prison for a minimum term of not less than 1 year and a

2-7  maximum term of not more than 6 years.

2-8  4.  Unless a greater penalty is provided pursuant to subsection

2-9  5, if the false imprisonment is committed by using the person so

2-10  imprisoned as a shield or to avoid arrest, the person convicted of

2-11  such a false imprisonment is guilty of a category B felony and

2-12  shall be punished by imprisonment in the state prison for a

2-13  minimum term of not less than 1 year and a maximum term of not

2-14  more than 15 years.

2-15      5.  If the false imprisonment is committed by a prisoner who is

2-16  in lawful custody or confinement with the use of a deadly weapon,

2-17  the person convicted of such a false imprisonment is guilty of a

2-18  category B felony and shall be punished by imprisonment in the

2-19  state prison for a minimum term of not less than 1 year and a

2-20  maximum term of not more than 20 years.

2-21      Sec. 2.  NRS 207.012 is hereby amended to read as follows:

2-22      207.012  1.  A person who:

2-23      (a) Has been convicted in this state of a felony listed in

2-24  subsection 2; and

2-25      (b) Before the commission of that felony, was twice convicted

2-26  of any crime which under the laws of the situs of the crime or of this

2-27  state would be a felony listed in subsection 2, whether the prior

2-28  convictions occurred in this state or elsewhere,

2-29  is a habitual felon and shall be punished for a category A felony by

2-30  imprisonment in the state prison:

2-31          (1) For life without the possibility of parole;

2-32          (2) For life with the possibility of parole, with eligibility for

2-33  parole beginning when a minimum of 10 years has been served; or

2-34          (3) For a definite term of 25 years, with eligibility for parole

2-35  beginning when a minimum of 10 years has been served.

2-36      2.  The district attorney shall include a count under this section

2-37  in any information or shall file a notice of habitual felon if an

2-38  indictment is found, if each prior conviction and the alleged offense

2-39  committed by the accused constitutes a violation of subparagraph

2-40  (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160,

2-41  199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380,

2-42  200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410,

2-43  subsection 3 of NRS 200.450, subsection [4] 5 of NRS 200.460,

2-44  NRS 200.465, subsection 1, paragraph (a) of subsection 2 or

2-45  subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508,

3-1  NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270,

3-2  subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS

3-3  202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4

3-4  of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075,

3-5  207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS

3-6  453.333, 484.219 or 484.3795.

3-7  3.  The trial judge may not dismiss a count under this section

3-8  that is included in an indictment or information.

3-9  Sec. 3.  This act becomes effective upon passage and approval.

 

3-10  H