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 453.333 is hereby amended to read as follows:

1-2 453.333 1. If the death of a person is proximately caused by a

1-12 be punished as provided in subsection 4 of NRS 200.030, except that the

2-1 punishment of death may be imposed only if the requirements of paragraph

2-2 (a) of subsection 4 of that section have been met and if the defendant is or

2-3 has previously been convicted of violating NRS 453.3385, 453.339 or

2-4 453.3395 or a law of any other jurisdiction which prohibits the same

2-5 conduct.

2-6 4. If convicted of murder of the first degree committed upon a person

2-7 under the age of 18 years and caused by a controlled substance which

2-8 was sold, given, traded or otherwise made available to that person

2-9 pursuant to paragraph (d) of subsection 1 of NRS 200.030, the

2-10 punishment of death may be imposed if the requirements of paragraph

2-11 (a) of subsection 4 of NRS 200.030 have been met.

2-12 Sec. 2. NRS 453.334 is hereby amended to read as follows:

2-13 453.334 Unless a greater penalty is provided in NRS [453.333,]

2-25 and may be further punished by a fine of not more than $20,000.

2-26 Sec. 3. NRS 453.348 is hereby amended to read as follows:

2-27 453.348 In any proceeding brought under NRS 453.316, 453.321,

2-37 a conviction of a felony is prima facie evidence of the conviction.

2-38 Sec. 4. NRS 200.030 is hereby amended to read as follows:

2-39 200.030 1. Murder of the first degree is murder which is:

3-1 (b) Committed in the perpetration or attempted perpetration of sexual

3-2 assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual

3-3 abuse of a child or sexual molestation of a child under the age of 14 years;

3-4 [or]

3-5 (c) Committed to avoid or prevent the lawful arrest of any person by a

3-6 peace officer or to effect the escape of any person from legal custody [.] ;

3-7 or

3-8 (d) Committed upon a person under the age of 18 years and caused by

3-9 a controlled substance which was sold, given, traded or otherwise made

3-10 available to that person.

3-11 2. Murder of the second degree is all other kinds of murder.

3-12 3. The jury before whom any person indicted for murder is tried shall,

3-13 if they find him guilty thereof, designate by their verdict whether he is

3-14 guilty of murder of the first or second degree.

3-15 4. A person convicted of murder of the first degree is guilty of a

3-16 category A felony and shall be punished:

3-17 (a) By death, only if one or more aggravating circumstances are found

3-18 and any mitigating circumstance or circumstances which are found do not

3-19 outweigh the aggravating circumstance or circumstances; or

3-20 (b) By imprisonment in the state prison:

3-21 (1) For life without the possibility of parole;

3-22 (2) For life with the possibility of parole, with eligibility for parole

3-23 beginning when a minimum of 20 years has been served; or

3-24 (3) For a definite term of 50 years, with eligibility for parole

3-25 beginning when a minimum of 20 years has been served.

3-26 A determination of whether aggravating circumstances exist is not

3-27 necessary to fix the penalty at imprisonment for life with or without the

3-28 possibility of parole.

3-29 5. A person convicted of murder of the second degree is guilty of a

3-30 category A felony and shall be punished by imprisonment in the state

3-31 prison:

3-32 (a) For life with the possibility of parole, with eligibility for parole

3-33 beginning when a minimum of 10 years has been served; or

3-34 (b) For a definite term of 25 years, with eligibility for parole beginning

3-35 when a minimum of 10 years has been served.

3-36 6. As used in this section:

3-37 (a) "Child abuse" means physical injury of a nonaccidental nature to a

3-38 child under the age of 18 years . [;]

3-39 (b) "Sexual abuse of a child" means any of the acts described in NRS

3-40 432B.100 . [; and]

3-41 (c) "Sexual molestation" means any willful and lewd or lascivious act,

3-42 other than acts constituting the crime of sexual assault, upon or with the

3-43 body, or any part or member thereof, of a child under the age of 14 years,

4-1 with the intent of arousing, appealing to, or gratifying the lust, passions or

4-2 sexual desires of the perpetrator or of the child.

4-3 Sec. 5. NRS 200.033 is hereby amended to read as follows:

4-4 200.033 The only circumstances by which murder of the first degree

4-42 facilities of the department but whose normal duties require him to come

5-1 into contact with those offenders, when carrying out the duties prescribed

5-2 by the director of the department.

5-3 (b) Any person upon whom some or all of the powers of a peace officer

5-4 are conferred pursuant to NRS 289.150 to 289.360, inclusive, when

5-5 carrying out those powers.

5-6 8. The murder involved torture or the mutilation of the victim.

5-7 9. The murder was committed upon one or more persons at random

5-8 and without apparent motive.

5-9 10. The murder was committed upon a person less than 14 years of

5-10 age.

5-11 11. The murder was committed upon a person because of the actual or

5-12 perceived race, color, religion, national origin, physical or mental disability

5-13 or sexual orientation of that person.

5-14 12. The defendant has, in the immediate proceeding, been convicted of

5-15 more than one offense of murder in the first or second degree. For the

5-16 purposes of this subsection, a person shall be deemed to have been

5-17 convicted of a murder at the time the jury verdict of guilt is rendered or

5-18 upon pronouncement of guilt by a judge or judges sitting without a jury.

5-19 13. The person, alone or with others, subjected or attempted to subject

5-20 the victim of the murder to nonconsensual sexual penetration immediately

5-21 before, during or immediately after the commission of the murder. For the

5-22 purposes of this subsection:

5-23 (a) "Nonconsensual" means against the victim’s will or under

5-24 conditions in which the person knows or reasonably should know that the

5-25 victim is mentally or physically incapable of resisting, consenting or

5-26 understanding the nature of his conduct, including, but not limited to,

5-27 conditions in which the person knows or reasonably should know that the

5-28 victim is dead.

5-29 (b) "Sexual penetration" means cunnilingus, fellatio or any intrusion,

5-30 however slight, of any part of the victim’s body or any object manipulated

5-31 or inserted by a person, alone or with others, into the genital or anal

5-32 openings of the body of the victim, whether or not the victim is alive. The

5-33 term includes, but is not limited to, anal intercourse and sexual intercourse

5-34 in what would be its ordinary meaning.

5-35 14. The murder was committed upon a person under the age of 18

5-36 years and caused by a controlled substance which was sold, given, traded

5-37 or otherwise made available to that person.

5-38 Sec. 6. The amendatory provisions of this act do not apply to offenses

5-39 committed before October 1, 1999.