Senate Amendment to Assembly Bill No. 645 (BDR S-819)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by adding new sections designated sections 1.1 through 1.9, following section 1, to read as follows:
"Sec. 1.1. NRS 2.250 is hereby amended to read as follows:
(a) Except as otherwise provided in paragraph (c), whenever an appeal is taken to the supreme court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the clerk of the supreme court the sum of $200.
(b) Except as otherwise provided in paragraph (c), a party to an appeal or special proceeding who petitions the supreme court for a rehearing shall, at the time of filing such a petition, pay to the clerk of the supreme court the sum of $100.
(c) No fees may be charged by the clerk in:
(1) Any action brought in or to the supreme court wherein the
(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or
(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.
(d) A fee of $60 for supreme court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the supreme court compiled in an electronic format.
(e) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the supreme court.
2.
3. The clerk of the supreme court shall keep a fee book in which the clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection in the office of the clerk.
4. The clerk of the supreme court shall publish and post in some conspicuous place in his office a table of fees for public inspection. The clerk shall forfeit a sum of not less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of the fees which are due to him for services rendered in any suit or proceeding, the clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, when depositing with the state treasurer money received for court fees, render to the state treasurer a brief note of the cases in which the money was received.
Sec. 1.3. NRS 2.255 is hereby amended to read as follows:
2.255 If the clerk of the supreme court:
1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250, he shall be fined in an amount not exceeding $1,000.
2. Takes greater fees than
Sec. 1.5. NRS 4.080 is hereby amended to read as follows:
Sec. 1.7. NRS 19.070 is hereby amended to read as follows:
Sec. 1.9. NRS 19.110 is hereby amended to read as follows:
Amend sec. 5, pages 5 through 7, by deleting lines 24 through 43 on page 5, lines 1 through 43 on page 6 and lines 1 through 12 on page 7, and inserting:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b)
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2.
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection
,5.
(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
8. As used in this section:
(a) "Concealed weapon"
(b) "Honorably retired" means retired in Nevada after completion of 10 years of creditable service as a member of the public employees’ retirement system. A former peace officer is not "honorably retired" if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
(c) "Machine gun" means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(d) "Nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(e) "Silencer" means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(f) "Switchblade knife" means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
(g) "Trefoil" means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.".