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).

1-1 Section 1. NRS 200.575 is hereby amended to read as follows:

1-2 200.575 1. A person who, without lawful authority, willfully or

1-9 (b) For any subsequent offense, is guilty of a gross misdemeanor.

2-1 2. A person who:

2-2 (a) Commits the crime of stalking and in conjunction therewith threatens

2-3 the person with the intent to cause him to be placed in reasonable fear of

2-4 death or substantial bodily harm;

2-5 (b) Commits the crime of stalking on his spouse while a proceeding for

2-6 the dissolution of their marriage is pending for which he has actual or legal

2-7 notice or within 6 months after entry of the final decree of dissolution; or

2-8 (c) Commits the crime of stalking on a person with whom he has a child

2-9 in common while a proceeding for the custody of that child is pending for

2-10 which he has actual or legal notice,

2-11 commits the crime of aggravated stalking.

2-12 3. A person who commits the crime of aggravated stalking shall be

2-13 punished:

2-14 (a) If he commits the crime set forth in paragraph (a) of subsection 2, for

2-15 a category B felony by imprisonment in the state prison for a minimum

2-16 term of not less than [1 year] 2 years and a maximum term of not more than

2-17 [6] 15 years, and may be further punished by a fine of not more than

2-18 $5,000.

2-19 (b) If he commits the crime set forth in paragraph (b) or (c) of

2-20 subsection 2:

2-21 (1) For the first offense, for a gross misdemeanor.

2-22 (2) For the second and any subsequent offense, for a category B

2-23 felony by imprisonment in the state prison for a minimum term of not less

2-24 than [1 year] 2 years and a maximum term of not more than [6] 15 years,

2-25 and may be further punished by a fine of not more than $5,000.

2-26 4. Except as otherwise provided in subsection 2 of NRS 200.571, a

2-27 criminal penalty provided for in this section may be imposed in addition to

2-28 any penalty that may be imposed for any other criminal offense arising

2-29 from the same conduct or for any contempt of court arising from the same

2-30 conduct.

2-31 5. The penalties provided in this section do not preclude the victim

2-32 from seeking any other legal remedy available.

2-33 6. As used in this section:

2-34 (a) "Course of conduct" means a pattern of conduct which consists of a

2-35 series of acts over time that evidences a continuity of purpose directed at a

2-36 specific person.

2-37 (b) "Without lawful authority" includes acts which are initiated or

2-38 continued without the victim’s consent. The term does not include acts

2-39 which are otherwise protected or authorized by constitutional or statutory

2-40 law, regulation or order of a court of competent jurisdiction, including, but

2-41 not limited to:

2-42 (1) Picketing which occurs during a strike, work stoppage or any

2-43 other labor dispute.

3-1 (2) The activities of a reporter, photographer, cameraman or other

3-2 person while gathering information for communication to the public if that

3-3 person is employed or engaged by or has contracted with a newspaper,

3-4 periodical, press association or radio or television station and is acting

3-5 solely within that professional capacity.

3-6 (3) The activities of a person that are carried out in the normal course

3-7 of his lawful employment.

3-8 (4) Any activities carried out in the exercise of the constitutionally

3-9 protected rights of freedom of speech and assembly.

3-10 Sec. 2. Chapter 481 of NRS is hereby amended by adding thereto a

3-11 new section to read as follows:

3-12 As a condition of the certification of each peace officer, the peace

3-13 officers’ standards and training committee shall require each peace

3-14 officer to be trained in dealing with the crimes of stalking and

3-15 aggravated stalking, including, without limitation:

3-16 1. The manner in which a report from a person who claims to be a

3-17 victim of stalking or aggravated stalking should be taken;

3-18 2. The proper method of carrying out an investigation of alleged

3-19 stalking or aggravated stalking; and

3-20 3. The elements of the crimes of stalking and aggravated stalking.

3-21 Sec. 3. The amendatory provisions of section 1 of this act do not apply

3-22 to offenses that were committed before the effective date of this act.

3-23 Sec. 4. This act becomes effective upon passage and approval.