(Reprinted with amendments adopted on April 2, 2003)

 

Senate Bill No. 105–Committee on Judiciary

 

(On Behalf of the City of Reno)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions pertaining to crime of placing graffiti on or otherwise defacing property. (BDR 15‑375)

 

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 graffiti; making various changes to the provisions pertaining to the crime of placing graffiti on or otherwise defacing property; 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 206.330 is hereby amended to read as follows:

1-2  206.330  1.  Unless a greater criminal penalty is provided by a

1-3  specific statute, a person who places graffiti on or otherwise defaces

1-4  the public or private property, real or personal, of another, without

1-5  the permission of the owner [is guilty of a public offense, as

1-6  prescribed in NRS 193.155, proportionate to the value of the

1-7  property damaged or destroyed and in no event less than a

1-8  misdemeanor.] :

1-9  (a) Where the value of the loss is less than $250, is guilty of a

1-10  misdemeanor.

1-11      (b) Where the value of the loss is $250 or more but less than

1-12  $5,000, is guilty of a gross misdemeanor.

1-13      (c) Where the value of the loss is $5,000 or more or where the

1-14  damage results in the impairment of public communication,

2-1  transportation or police and fire protection, is guilty of a category

2-2  E felony and shall be punished as provided in NRS 193.130.

2-3  2.  For purposes of determining the grade of the penalty

2-4  prescribed in subsection 1, the value of the property damaged or

2-5  destroyed from the commission of multiple offenses may be

2-6  aggregated if one or more persons commit the offenses pursuant

2-7  to a scheme or continuing course of conduct.

2-8  3.  A person who violates subsection 1 shall, in addition to any

2-9  other fine or penalty imposed:

2-10      (a) For the first offense, perform not less than 50 hours, but not

2-11  more than 99 hours, of community service.

2-12      (b) For the second offense, perform not less than 100 hours, but

2-13  not more than 199 hours, of community service.

2-14      (c) For the third and each subsequent offense, perform not less

2-15  than 200 hours of community service.

2-16  The community service assigned pursuant to this subsection must, if

2-17  possible, be related to the abatement of graffiti.

2-18      [3.] 4. The parent or legal guardian of a person under the age of

2-19  [17] 18 years who violates this section is liable for all fines and

2-20  penalties imposed against the person. If the parent or legal guardian

2-21  is unable to pay the fine and penalties resulting from a violation of

2-22  this section because of financial hardship, the court may require the

2-23  parent or legal guardian to perform community service.

2-24      [4.] 5. If a person who is 18 years of age or older is found

2-25  guilty of violating this section, the court may issue an order

2-26  suspending the driver’s license of the person for a period not to

2-27  exceed [6] 12 months in addition to any other penalty imposed. If

2-28  such an order is issued, the court shall require the person to

2-29  surrender all driver’s licenses then held by the person. If the person

2-30  does not possess a driver’s license, the court may issue an order

2-31  prohibiting the person from applying for a driver’s license within

2-32  the [6] 12 months immediately following the date of the order. The

2-33  court shall, within 5 days after issuing the order, forward to the

2-34  Department of Motor Vehicles any licenses together with a copy of

2-35  the order.

2-36      [5.] 6. The Department of Motor Vehicles:

2-37      (a) Shall not treat a violation of this section in the manner

2-38  statutorily required for a moving traffic violation.

2-39      (b) Shall report the suspension of a driver’s license pursuant to

2-40  this section to an insurance company or its agent inquiring about the

2-41  person’s driving record. An insurance company shall not use any

2-42  information obtained pursuant to this paragraph for purposes related

2-43  to establishing premium rates or determining whether to underwrite

2-44  the insurance.

3-1  [6.] 7. A criminal penalty imposed pursuant to this section is in

3-2  addition to any civil penalty or other remedy available pursuant to

3-3  another statute for the same conduct.

3-4  8.  As used in this section, “impairment” means the disruption

3-5  of ordinary and incidental services, the temporary loss of use or

3-6  the removal of the property from service for repair of damage.

3-7  Sec. 2.  This act becomes effective on July 1, 2003.

 

3-8  H