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. Chapter 193 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided by specific statute, for each

1-4 misdemeanor committed on or after October 1, 1999:

1-5 (a) A category A misdemeanor is a misdemeanor for which a person

1-6 shall be punished by imprisonment in the county jail for not more than 1

1-7 year, or by a fine of not more than $2,000, or by both fine and

1-8 imprisonment.

1-9 (b) A category B misdemeanor is a misdemeanor for which a person

1-10 shall be punished by imprisonment in the county jail for not more than 6

1-11 months, or by a fine of not more than $1,000, or by both fine and

1-12 imprisonment.

1-13 (c) A category C misdemeanor is a misdemeanor for which a person

1-14 shall be punished by imprisonment in the county jail for not more than 3

1-15 months, or by a fine of not more than $500, or by both fine and

1-16 imprisonment.

1-17 2. In lieu of all or part of the punishment that may be imposed

1-18 pursuant to paragraph (b) or (c) of subsection 1, the convicted person

2-1 may be sentenced to perform a fixed period of work for the benefit of the

2-2 community pursuant to the conditions prescribed in NRS 176.087.

2-3 3. A misdemeanor for which a category has not been assigned shall

2-4 be deemed a category C misdemeanor.

2-5 Sec. 2. NRS 193.120 is hereby amended to read as follows:

2-6 193.120 1. A crime is an act or omission forbidden by law and

2-14 [4. Every other crime is a gross misdemeanor.]

2-15 Sec. 3. NRS 193.155 is hereby amended to read as follows:

2-16 193.155 Every person who is guilty of a public offense proportionate

2-29 more than $500.

2-30 Sec. 4. NRS 193.1605 is hereby amended to read as follows:

2-31 193.1605 1. Any person who commits a [gross] category A

2-41 ascribed to it in NRS 483.160.

2-42 Sec. 5. NRS 193.170 is hereby amended to read as follows:

3-1 193.170 Whenever the performance of any act is prohibited by any

3-2 statute, and no penalty for the violation of [such] the statute is imposed, the

3-3 committing of [such] the act shall be deemed a category C misdemeanor.

3-4 Sec. 6. NRS 200.481 is hereby amended to read as follows:

3-5 200.481 1. As used in this section:

3-42 was an officer, school employee or transit operator,

4-1 for a category B felony by imprisonment in the state prison for a minimum

4-2 term of not less than 2 years and a maximum term of not more than 10

4-3 years, or by a fine of not more than $10,000, or by both fine and

4-4 imprisonment.

4-5 (d) If the battery is committed upon an officer, school employee or

4-6 transit operator who is performing his duty and the person charged knew or

4-7 should have known that the victim was an officer, school employee or

4-8 transit operator, for a [gross] category A misdemeanor, except under

4-9 circumstances where a greater penalty is provided in this section.

4-10 (e) If the battery is committed with the use of a deadly weapon, and:

4-11 (1) No substantial bodily harm to the victim results, for a category B

4-12 felony by imprisonment in the state prison for a minimum term of not less

4-13 than 2 years and a maximum term of not more than 10 years, and may be

4-14 further punished by a fine of not more than $10,000.

4-15 (2) Substantial bodily harm to the victim results, for a category B

4-16 felony by imprisonment in the state prison for a minimum term of not less

4-17 than 2 years and a maximum term of not more than 15 years, and may be

4-18 further punished by a fine of not more than $10,000.

4-19 (f) If the battery is committed by a prisoner who is in lawful custody or

4-20 confinement, without the use of a deadly weapon, whether or not

4-21 substantial bodily harm results, for a category B felony by imprisonment in

4-22 the state prison for a minimum term of not less than 1 year and a maximum

4-23 term of not more than 6 years.

4-24 (g) If the battery is committed by a prisoner who is in lawful custody or

4-25 confinement with the use of a deadly weapon, and:

4-26 (1) No substantial bodily harm to the victim results, for a category B

4-27 felony by imprisonment in the state prison for a minimum term of not less

4-28 than 2 years and a maximum term of not more than 10 years.

4-29 (2) Substantial bodily harm to the victim results, for a category B

4-30 felony by imprisonment in the state prison for a minimum term of not less

4-31 than 2 years and a maximum term of not more than 15 years.

4-32 Sec. 7. NRS 200.485 is hereby amended to read as follows:

4-33 200.485 1. Unless a greater penalty is provided pursuant to NRS

4-43 more than [$1,000.] $500. A term of imprisonment imposed pursuant to

5-1 this paragraph may be served intermittently at the discretion of the judge or

5-2 justice of the peace, except that each period of confinement must be not less

5-3 than 4 consecutive hours and must occur either at a time when the person is

5-4 not required to be at his place of employment or on a weekend.

5-5 (b) For the second offense within the immediately preceding 7 years, is

5-6 guilty of a category B misdemeanor and shall be sentenced to:

5-7 (1) Imprisonment in the city or county jail or detention facility for not

5-8 less than 10 days, but not more than 6 months; and

5-9 (2) Perform not less than 100 hours, but not more than 200 hours, of

5-10 community service.

5-11 The person shall be further punished by a fine of not less than $500, but not

5-12 more than $1,000.

5-13 (c) For the third and any subsequent offense within the immediately

5-14 preceding 7 years, is guilty of a category C felony and shall be punished as

5-15 provided in NRS 193.130.

5-16 2. In addition to any other penalty, if a person is convicted of a battery

5-17 which constitutes domestic violence pursuant to NRS 33.018, the court

5-18 shall:

5-19 (a) For the first offense within the immediately preceding 7 years,

5-20 require him to participate in weekly counseling sessions of not less than 1

5-21 1/2 hours per week for not less than 6 months, but not more than 12

5-22 months, at his own expense, in a program for the treatment of persons who

5-23 commit domestic violence that has been certified pursuant to NRS 228.470.

5-24 (b) For the second offense within the immediately preceding 7 years,

5-25 require him to participate in weekly counseling sessions of not less than 1

5-26 1/2 hours per week for 12 months, at his own expense, in a program for the

5-27 treatment of persons who commit domestic violence that has been certified

5-28 pursuant to NRS 228.470.

5-29 3. In addition to any other fine or penalty, the court shall order such a

5-30 person to pay an administrative assessment of $35. Any money so collected

5-31 must be paid by the clerk of the court to the state treasurer on or before the

5-32 fifth day of each month for the preceding month for credit to the account

5-33 for programs related to domestic violence established pursuant to NRS

5-34 228.460.

5-35 4. In addition to any other penalty, the court may require such a person

5-36 to participate, at his own expense, in a program of treatment for the abuse

5-37 of alcohol or drugs that has been certified by the bureau of alcohol and drug

5-38 abuse of the rehabilitation division of the department of employment,

5-39 training and rehabilitation.

5-40 5. If a person is charged with committing a battery which constitutes

5-41 domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not

5-42 dismiss such a charge in exchange for a plea of guilty, guilty but mentally

5-43 ill or nolo contendere to a lesser charge or for any other reason unless he

6-1 knows, or it is obvious, that the charge is not supported by probable cause

6-2 or cannot be proved at the time of trial. A court shall not grant probation to

6-3 and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not

6-4 suspend the sentence of such a person.

6-5 6. For the purposes of this section:

6-6 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

6-7 subsection 1 of NRS 200.481; and

6-8 (b) "Offense" includes a battery which constitutes domestic violence

6-9 pursuant to NRS 33.018 or a violation of the law of any other jurisdiction

6-10 that prohibits the same or similar conduct.

6-11 Sec. 8. NRS 176.059 is hereby amended to read as follows:

6-12 176.059 1. Except as otherwise provided in subsection 2, when a

6-40 court must be returned to the defendant. If the justice or judge cancels a

7-1 fine because the fine has been determined to be uncollectible, any balance

7-2 of the fine and the administrative assessment remaining unpaid shall be

7-3 deemed to be uncollectible and the defendant is not required to pay it. If a

7-4 fine is determined to be uncollectible, the defendant is not entitled to a

7-5 refund of the fine or administrative assessment he has paid and the justice

7-6 or judge shall not recalculate the administrative assessment.

7-7 4. If the justice or judge permits the fine and administrative assessment

7-8 to be paid in installments, the payments must be first applied to the unpaid

7-9 balance of the administrative assessment. The city treasurer shall distribute

7-10 partially collected administrative assessments in accordance with the

7-11 requirements of subsection 5. The county treasurer shall distribute partially

7-12 collected administrative assessments in accordance with the requirements of

7-13 subsection 6.

7-14 5. The money collected for administrative assessments in municipal

7-15 court must be paid by the clerk of the court to the city treasurer on or before

7-16 the fifth day of each month for the preceding month. The city treasurer

7-17 shall distribute, on or before the 15th day of that month, the money

7-18 received in the following amounts for each assessment received:

7-19 (a) Two dollars to the county treasurer for credit to a special account in

7-20 the county general fund for the use of the county’s juvenile court or for

7-21 services to juvenile offenders. Any money remaining in the special account

7-22 after 2 fiscal years must be deposited in the county general fund if it has not

7-23 been committed for expenditure. The county treasurer shall provide, upon

7-24 request by a juvenile court, monthly reports of the revenue credited to and

7-25 expenditures made from the special account.

7-26 (b) Seven dollars for credit to a special revenue fund for the use of the

7-27 municipal courts. Any money remaining in the special revenue fund after 2

7-28 fiscal years must be deposited in the municipal general fund if it has not

7-29 been committed for expenditure. The city treasurer shall provide, upon

7-30 request by a municipal court, monthly reports of the revenue credited to and

7-31 expenditures made from the special revenue fund.

7-32 (c) The remainder of each assessment to the state treasurer for credit to a

7-33 special account in the state general fund.

7-34 6. The money collected for administrative assessments in justices’

7-35 courts must be paid by the clerk of the court to the county treasurer on or

7-36 before the fifth day of each month for the preceding month. The county

7-37 treasurer shall distribute, on or before the 15th day of that month, the

7-38 money received in the following amounts for each assessment received:

7-39 (a) Two dollars for credit to a special account in the county general fund

7-40 for the use of the county’s juvenile court or for services to juvenile

7-41 offenders. Any money remaining in the special account after 2 fiscal years

7-42 must be deposited in the county general fund if it has not been committed

7-43 for expenditure. The county treasurer shall provide, upon request by a

8-1 juvenile court, monthly reports of the revenue credited to and expenditures

8-2 made from the special account.

8-3 (b) Seven dollars for credit to a special revenue fund for the use of the

8-4 justices’ courts. Any money remaining in the special revenue fund after 2

8-5 fiscal years must be deposited in the county general fund if it has not been

8-6 committed for expenditure. The county treasurer shall provide, upon

8-7 request by a justice’s court, monthly reports of the revenue credited to and

8-8 expenditures made from the special revenue fund.

8-9 (c) The remainder of each assessment to the state treasurer for credit to a

8-10 special account in the state general fund.

8-11 7. The money apportioned to a juvenile court, a justice’s court or a

8-12 municipal court pursuant to this section must be used, in addition to

8-13 providing services to juvenile offenders in the juvenile court, to improve

8-14 the operations of the court, or to acquire appropriate advanced technology

8-15 or the use of such technology, or both. Money used to improve the

8-16 operations of the court may include expenditures for:

8-17 (a) Training and education of personnel;

8-18 (b) Acquisition of capital goods;

8-19 (c) Management and operational studies; or

8-20 (d) Audits.

8-21 8. Of the total amount deposited in the state general fund pursuant to

8-22 subsections 5 and 6, the state controller shall distribute the money received,

8-23 to the extent of legislative authorization, to the following public agencies in

8-24 the following manner:

8-25 (a) Not less than 51 percent must be distributed to the office of the court

8-26 administrator for allocation as follows:

8-27 (1) Eighteen and one-half percent of the amount distributed to the

8-28 office of the court administrator for the administration of the courts.

8-29 (2) Nine percent of the amount distributed to the office of the court

8-30 administrator for the development of a uniform system for judicial records.

8-31 (3) Nine percent of the amount distributed to the office of the court

8-32 administrator for continuing judicial education.

8-33 (4) Sixty percent of the amount distributed to the office of the court

8-34 administrator for the supreme court.

8-35 (5) Three and one-half percent of the amount distributed to the office

8-36 of the court administrator for the payment for the services of retired justices

8-37 and retired district judges.

8-38 (b) Not more than 49 percent must be used to the extent of legislative

8-39 authorization for the support of:

8-40 (1) The central repository for Nevada records of criminal history;

8-41 (2) The peace officers’ standards and training committee of the

8-42 department of motor vehicles and public safety for the continuing education

8-43 of persons whose primary duties are law enforcement;

9-1 (3) The operation by the Nevada highway patrol of a computerized

9-2 switching system for information related to law enforcement; and

9-3 (4) The fund for the compensation of victims of crime.

9-4 9. As used in this section, "juvenile court" means:

9-5 (a) In any judicial district that includes a county whose population is

9-6 100,000 or more, the family division of the district court; or

9-7 (b) In any other judicial district, the juvenile division of the district

9-8 court.

9-9 Sec. 9. NRS 176.062 is hereby amended to read as follows:

9-10 176.062 1. When a defendant pleads guilty or guilty but mentally ill

9-31 remain in the account.

9-32 Sec. 10. NRS 193.140 and 193.150 are hereby repealed.

9-33 Sec. 11. The amendatory provisions of this act do not apply to

9-34 offenses which are committed before October 1, 1999.

10-1 TEXT OF REPEALED SECTIONS

10-2 193.140 Punishment of gross misdemeanors. Every person

10-7 193.150 Punishment of misdemeanors.