Assembly Bill No. 464–Assemblymen Freeman, Parks, Parnell, Mortenson, Von Tobel, Gibbons, Manendo, Ohrenschall, Nolan, Leslie, Price, Koivisto, Humke, Hettrick, Cegavske, Berman, McClain, Collins, Carpenter and Gustavson

March 10, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Provides additional penalty for committing certain offenses relating to controlled or counterfeit substances on grounds of public park. (BDR 40-1561)

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 controlled substances; providing an additional penalty for committing certain offenses relating to controlled or counterfeit substances on the grounds of a public park; 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 453.3345 is hereby amended to read as follows:

1-2 453.3345 1. Unless a greater penalty is provided in NRS 453.333 or

1-3 453.334, and except as otherwise provided in NRS 193.169, any person

1-4 who violates NRS 453.321 or 453.323:

1-5 (a) On the grounds of a public or private school, a playground, public

1-6 park, public swimming pool, recreational center for youths or a video

1-7 arcade;

1-8 (b) On a campus of the University and Community College System of

1-9 Nevada;

1-10 (c) Within 1,000 feet of the perimeter of such a school ground or

1-11 campus, playground, park, pool, recreational center or arcade; or

1-12 (d) Within 1,000 feet of a school bus stop from 1 hour before school

1-13 begins until 1 hour after school ends during scheduled school days,

2-1 must be punished by imprisonment in the state prison for a term equal to

2-2 and in addition to the term of imprisonment prescribed by statute for the

2-3 crime. The sentence prescribed by this section runs consecutively with the

2-4 sentence prescribed by statute for the crime.

2-5 2. This section does not create a separate offense but provides an

2-6 additional penalty for the primary offense, whose imposition is contingent

2-7 upon the finding of the prescribed fact.

2-8 3. For the purposes of this section:

2-9 (a) "Playground" means any outdoor facility, intended for recreation,

2-10 open to the public and in any portion thereof containing one or more

2-11 apparatus intended for the recreation of children, such as a sliding board,

2-12 teeterboard, sandbox or swingset.

2-13 (b) "Recreational center for youths" means a recreational facility or

2-14 gymnasium which regularly provides athletic, civic or cultural activities

2-15 for persons under 18 years of age.

2-16 (c) "School bus" has the meaning ascribed to it in NRS 483.160.

2-17 (d) "Video arcade" means a facility legally accessible to persons under

2-18 18 years of age, intended primarily for the use of pinball and video

2-19 machines for amusement and which contains a minimum of 10 such

2-20 machines.

2-21 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-22 that were committed before October 1, 1999.

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