Assembly Bill No. 333–Assemblyman Hettrick

February 26, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Includes within crime of involuntary manslaughter violation of certain laws resulting in death of another person. (BDR 15-1353)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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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 crime; including within the crime of involuntary manslaughter the violation of certain laws resulting in the death of another person; providing penalties; 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 193.190 is hereby amended to read as follows:

1-2 193.190 [In]

1-3 1. Except as otherwise provided in subsection 2, in every crime or

1-4 public offense there must exist a union, or joint operation of act and

1-5 intention, or criminal negligence.

1-6 2. A conviction for involuntary manslaughter pursuant to paragraph

1-7 (c) of subsection 1 of NRS 200.070 may be based upon a finding of

1-8 simple negligence.

1-9 Sec. 2. NRS 200.070 is hereby amended to read as follows:

1-10 200.070 1. Except [under the circumstances] as otherwise provided

1-11 in [NRS 484.348 and 484.377, ] subsection 2, involuntary manslaughter is

1-12 the killing of a human being, without any intent to do so [, in] :

1-13 (a) In the commission of an unlawful act, [or] other than an unlawful

1-14 act described in paragraph (c);

1-15 (b) In the commission of a lawful act which probably might produce

1-16 such a consequence if committed in an unlawful manner [, but where] ; or

1-17 (c) As a result of violating a provision of chapter 484 or 706 of NRS,

1-18 whether or not the violation constitutes criminal negligence or simple

1-19 negligence.

2-1 2. If the involuntary killing occurs in the commission of an unlawful

2-2 act, which, in its consequences, naturally tends to destroy the life of a

2-3 human being, or is committed in the prosecution of a felonious intent, the

2-4 offense is murder.

2-5 Sec. 3. NRS 200.090 is hereby amended to read as follows:

2-6 200.090 Unless a greater penalty is otherwise provided in NRS

2-7 484.348, 484.3595, 484.377 or 484.3795 or another specific statute:

2-8 1. A person convicted of involuntary manslaughter pursuant to

2-9 paragraph (a) or (b) of subsection 1 of NRS 200.070 is guilty of a

2-10 category D felony and shall be punished as provided in NRS 193.130.

2-11 2. A person convicted of involuntary manslaughter pursuant to

2-12 paragraph (c) of subsection 1 of NRS 200.070 for a violation of chapter

2-13 484 or 706 of NRS constituting criminal negligence is guilty of a

2-14 category D felony and shall be punished as provided in NRS 193.130.

2-15 3. A person convicted of involuntary manslaughter pursuant to

2-16 paragraph (c) of subsection 1 of NRS 200.070 for a violation of chapter

2-17 484 or 706 of NRS constituting simple negligence, but not constituting

2-18 criminal negligence, is guilty of a misdemeanor.

2-19 Sec. 4. The amendatory provisions of this act do not apply to offenses

2-20 that were committed before October 1, 1999.

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