Assembly Bill No. 117–Assemblymen Berman, Buckley, Collins, Beers and Gibbons

February 4, 1999

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Joint Sponsor: Senator Amodei

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Referred to Committee on Judiciary

 

SUMMARY—Provides additional penalty for wearing or using body armor during commission of crime. (BDR 15-139)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to crimes; providing an additional penalty for wearing or using body armor during the commission of 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 thereto

1-2 a new section to read as follows:

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

1-4 or uses body armor during the commission of a crime shall be punished

1-5 by imprisonment in the state prison for an additional term equal to the

1-6 term of imprisonment prescribed by statute for the crime. An additional

1-7 sentence prescribed by this section runs consecutively with the sentence

1-8 prescribed by statute for the crime.

1-9 2. This section does not create a separate offense but provides an

1-10 additional penalty for the primary offense, whose imposition is

1-11 contingent upon the finding of the prescribed fact.

1-12 3. As used in this section, "body armor" means any item, including,

1-13 without limitation, a vest, helmet or shield, designed to diminish the

1-14 effect of the impact of a bullet or projectile upon the body.

2-1 Sec. 2. NRS 193.169 is hereby amended to read as follows:

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

2-3 imprisonment pursuant to the provisions of NRS 193.161, 193.162,

2-4 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 , or section 1

2-5 of this act, must not be sentenced to an additional term of imprisonment

2-6 pursuant to any of the other listed sections even if the person’s conduct

2-7 satisfies the requirements for imposing an additional term of imprisonment

2-8 pursuant to another one or more of those sections.

2-9 2. This section does not:

2-10 (a) Affect other penalties or limitations upon probation or suspension of

2-11 a sentence contained in the sections listed in subsection 1.

2-12 (b) Prohibit alleging in the alternative in the indictment or information

2-13 that the person’s conduct satisfies the requirements of more than one of the

2-14 sections listed in subsection 1 and introducing evidence to prove the

2-15 alternative allegations.

2-16 Sec. 3. The amendatory provisions of this act do not apply to offenses

2-17 that are committed before October 1, 1999.

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