Amendment No. 663

Senate Amendment to Assembly Bill No. 53 First Reprint (BDR 15-127)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, pages 1 and 2, by deleting lines 13 and 14 on page 1 and lines 1 and 2 on page 2 and inserting:

"a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who".

Amend sec. 3, page 3, by deleting lines 3 through 13 and inserting:

"(a) Perpetrated by means of poison, lying in wait [, torture or child abuse,] or torture, or by any other kind of willful, deliberate and premeditated killing;

(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child , [or] sexual molestation of a child under the age of 14 years [;] or child abuse;

(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody [.] ; or

(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.".

Amend sec. 4, page 5, line 40, by deleting "duties." and inserting:

"duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.".

Amend sec. 5, page 7, by deleting lines 5 through 13 and inserting:

"(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.".

Amend sec. 5, page 7, between lines 25 and 26, by inserting:

"4. As used in this section, "school bus" has the meaning ascribed to it in NRS 483.160.".

Amend the title of the bill to read as follows:

"AN ACT relating to crimes; providing for an increased penalty for certain felonies which are committed on school property, on a school bus or at a school activity and which result in death or substantial bodily harm; excluding any person who is charged with such a felony from the jurisdiction of the juvenile court under certain circumstances; providing that certain murders committed on school property, on a school bus or at a school activity are to be punished as first degree murder; establishing for the purposes of the death penalty an aggravating circumstance relating to such murders; revising certain provisions governing the definition of first degree murder; and providing other matters properly relating thereto.".

Amend the summary of the bill, second line, by deleting:

"property or school bus." and inserting:

"property, on school bus or at school activity.".