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)

 

Joint Sponsor: Senator Wiener

 

CHAPTER..........

 

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:

 

    Section 1. NRS 200.460 is hereby amended to read as follows:

    200.460 1.  False imprisonment is an unlawful violation of the

personal liberty of another, and consists in confinement or detention

without sufficient legal authority.

    2.  A person convicted of false imprisonment shall pay all

damages sustained by the person so imprisoned, and, except as

otherwise provided in subsection 3, is guilty of a gross

misdemeanor.

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

subsection 4, if the false imprisonment is committed:

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

or

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

the person convicted of such a false imprisonment 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 1 year and a

maximum term of not more than 6 years.

    4.  Unless a greater penalty is provided pursuant to subsection

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

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

such a false imprisonment 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 1 year and a maximum term of not

more than 15 years.

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

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

the person convicted of such a false imprisonment 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 1 year and a

maximum term of not more than 20 years.

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

    207.012  1.  A person who:

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

subsection 2; and

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

of any crime which under the laws of the situs of the crime or of this

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

convictions occurred in this state or elsewhere,

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

imprisonment in the state prison:

        (1) For life without the possibility of parole;

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

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

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

beginning when a minimum of 10 years has been served.

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

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

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

committed by the accused constitutes a violation of subparagraph

(1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160,

199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380,

200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410,

subsection 3 of NRS 200.450, subsection [4] 5 of NRS 200.460,

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

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

NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270,

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

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

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

207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS

453.333, 484.219 or 484.3795.

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

that is included in an indictment or information.

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

 

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