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 193.161 is hereby amended to read as follows:

1-2 193.161 1. Except as otherwise provided in subsection 2 and NRS

1-13 the felony results in death or substantial bodily harm to the victim, the

2-1 felony may be deemed a category A felony and the person who committed

2-2 the felony may be punished by imprisonment in the state prison:

2-3 (a) For life without the possibility of parole;

2-4 (b) For life with the possibility of parole, with eligibility for parole

2-5 beginning when a minimum of 20 years has been served; or

2-6 (c) For a definite term of 50 years, with eligibility for parole beginning

2-7 when a minimum of 20 years has been served.

2-8 3. Subsection 1 does not create [any] a separate offense but provides

2-9 an additional penalty for the primary offense, [whose] the imposition of

2-10 which is contingent upon the finding of the prescribed fact. Subsection 2

2-11 does not create a separate offense but provides an alternative penalty for

2-12 the primary offense, the imposition of which is contingent upon the

2-13 finding of the prescribed fact.

2-14 [3.] 4. For the purposes of this section, "school bus" has the meaning

2-15 ascribed to it in NRS 483.160.

2-16 Sec. 2. NRS 193.169 is hereby amended to read as follows:

2-17 193.169 1. A person who is sentenced to an additional term of

2-37 alternative allegations.

2-38 Sec. 3. NRS 200.030 is hereby amended to read as follows:

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

2-43 assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual

3-1 abuse of a child or sexual molestation of a child under the age of 14 years;

3-2 [or]

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

3-4 peace officer or to effect the escape of any person from legal custody [.] ;

3-5 or

3-6 (d) Committed on the property of a public or private school, at an

3-7 activity sponsored by a public or private school or on a school bus while

3-8 the bus is engaged in its official duties.

3-9 2. Murder of the second degree is all other kinds of murder.

3-10 3. The jury before whom any person indicted for murder is tried shall,

3-11 if they find him guilty thereof, designate by their verdict whether he is

3-12 guilty of murder of the first or second degree.

3-13 4. A person convicted of murder of the first degree is guilty of a

3-14 category A felony and shall be punished:

3-15 (a) By death, only if one or more aggravating circumstances are found

3-16 and any mitigating circumstance or circumstances which are found do not

3-17 outweigh the aggravating circumstance or circumstances; or

3-18 (b) By imprisonment in the state prison:

3-19 (1) For life without the possibility of parole;

3-20 (2) For life with the possibility of parole, with eligibility for parole

3-21 beginning when a minimum of 20 years has been served; or

3-22 (3) For a definite term of 50 years, with eligibility for parole

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

3-24 A determination of whether aggravating circumstances exist is not

3-25 necessary to fix the penalty at imprisonment for life with or without the

3-26 possibility of parole.

3-27 5. A person convicted of murder of the second degree is guilty of a

3-28 category A felony and shall be punished by imprisonment in the state

3-29 prison:

3-30 (a) For life with the possibility of parole, with eligibility for parole

3-31 beginning when a minimum of 10 years has been served; or

3-32 (b) For a definite term of 25 years, with eligibility for parole beginning

3-33 when a minimum of 10 years has been served.

3-34 6. As used in this section:

3-35 (a) "Child abuse" means physical injury of a nonaccidental nature to a

3-36 child under the age of 18 years;

3-37 (b) "School bus" has the meaning ascribed to it in NRS 483.160;

3-38 (c) "Sexual abuse of a child" means any of the acts described in NRS

3-39 432B.100; and

3-40 [(c)] (d) "Sexual molestation" means any willful and lewd or lascivious

3-41 act, other than acts constituting the crime of sexual assault, upon or with the

3-42 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. 4. 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 and

5-8 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 conditions

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

5-25 mentally or physically incapable of resisting, consenting or understanding

5-26 the nature of his conduct, including, but not limited to, conditions in which

5-27 the person knows or reasonably should know that the victim is dead.

5-28 (b) "Sexual penetration" means cunnilingus, fellatio or any intrusion,

5-29 however slight, of any part of the victim’s body or any object manipulated

5-30 or inserted by a person, alone or with others, into the genital or anal

5-31 openings of the body of the victim, whether or not the victim is alive. The

5-32 term includes, but is not limited to, anal intercourse and sexual intercourse

5-33 in what would be its ordinary meaning.

5-34 14. The murder was committed on the property of a public or private

5-35 school, at an activity sponsored by a public or private school or on a

5-36 school bus while the bus was engaged in its official duties. For the

5-37 purposes of this subsection, "school bus" has the meaning ascribed to it

5-38 in NRS 483.160.

5-39 Sec. 5. NRS 62.040 is hereby amended to read as follows:

5-40 62.040 1. Except if the child involved is subject to the exclusive

5-42 chapter, the court has exclusive original jurisdiction in proceedings:

6-1 (a) Concerning any child living or found within the county who is in

6-2 need of supervision because he:

6-3 (1) Is a child who is subject to compulsory school attendance and is a

6-4 habitual truant from school;

6-5 (2) Habitually disobeys the reasonable and lawful demands of his

6-6 parents, guardian or other custodian, and is unmanageable; or

6-7 (3) Deserts, abandons or runs away from his home or usual place of

6-8 abode,

6-9 and is in need of care or rehabilitation. The child must not be considered a

6-10 delinquent.

6-11 (b) Concerning any child living or found within the county who has

6-12 committed a delinquent act. A child commits a delinquent act if he violates

6-13 a county or municipal ordinance or any rule or regulation having the force

6-14 of law, or he commits an act designated a crime under the law of the State

6-15 of Nevada.

6-16 (c) Concerning any child in need of commitment to an institution for the

6-17 mentally retarded.

6-18 2. For the purposes of subsection 1, each of the following acts shall be

6-19 deemed not to be a delinquent act, and the court does not have jurisdiction

6-20 of a person who is charged with committing such an act:

6-21 (a) Murder or attempted murder and any other related offense arising out

6-22 of the same facts as the murder or attempted murder, regardless of the

6-23 nature of the related offense.

6-24 (b) Sexual assault or attempted sexual assault involving the use or

6-25 threatened use of force or violence against the victim and any other related

6-26 offense arising out of the same facts as the sexual assault or attempted

6-27 sexual assault, regardless of the nature of the related offense, if:

6-28 (1) The person was 16 years of age or older when the sexual assault or

6-29 attempted sexual assault was committed; and

6-30 (2) Before the sexual assault or attempted sexual assault was

6-31 committed, the person previously had been adjudicated delinquent for an

6-32 act that would have been a felony if committed by an adult.

6-33 (c) An offense or attempted offense involving the use or threatened use

6-34 of a firearm and any other related offense arising out of the same facts as

6-35 the offense or attempted offense involving the use or threatened use of a

6-36 firearm, regardless of the nature of the related offense, if:

6-37 (1) The person was 16 years of age or older when the offense or

6-38 attempted offense involving the use or threatened use of a firearm was

6-39 committed; and

6-40 (2) Before the offense or attempted offense involving the use or

6-41 threatened use of a firearm was committed, the person previously had been

6-42 adjudicated delinquent for an act that would have been a felony if

6-43 committed by an adult.

7-1 (d) A felony that results in death or substantial bodily harm to the

7-2 victim which is committed on the property of a public or private school, at

7-3 an activity sponsored by a public or private school or on a school bus

7-4 while the bus is engaged in its official duties. For the purposes of this

7-5 paragraph, "school bus" has the meaning ascribed to it in NRS 483.160.

7-6 (e) Any other offense if, before the offense was committed, the person

7-7 previously had been convicted of a criminal offense.

7-8 3. If a child is charged with a minor traffic offense, the court may

7-9 transfer the case and record to a justice’s or municipal court if the judge

7-10 determines that it is in the best interest of the child. If a case is so

7-11 transferred:

7-12 (a) The restrictions set forth in subsection 4 of NRS 62.170 are

7-13 applicable in those proceedings; and

7-14 (b) The child must be accompanied at all proceedings by a parent or

7-15 legal guardian.

7-16 With the consent of the judge of the juvenile division, the case may be

7-17 transferred back to the juvenile court.

7-18 Sec. 6. The amendatory provisions of this act do not apply to offenses

7-19 which are committed before October 1, 1999.