Senate Bill No. 11–Senator Titus

Prefiled January 6, 1999

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Joint Sponsor: Assemblyman Perkins

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Referred to Committee on Judiciary

 

SUMMARY—Repeals rule that for prosecution of murder or manslaughter, death of victim must occur within 1 year and 1 day of criminal act which caused death of victim. (BDR 15-130)

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 crimes; repealing the rule that for a prosecution for murder or manslaughter, the death of the victim must occur within 1 year and 1 day of the act which caused the death of the victim; 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 200.410 is hereby amended to read as follows:

1-2 200.410 If a person fights, by previous appointment or agreement, a

1-3 duel with a rifle, shotgun, pistol, bowie knife, dirk, smallsword, backsword

1-4 or other dangerous weapon, and in so doing kills his antagonist, or any

1-5 person, or inflicts such a wound that the party or parties injured die thereof

1-6 , [within a year and a day thereafter,] each such offender is guilty of murder

1-7 in the first degree , which is a category A felony, and upon conviction

1-8 thereof shall be punished as provided in subsection 4 of NRS 200.030.

1-9 Sec. 2. NRS 200.450 is hereby amended to read as follows:

1-10 200.450 1. If a person, upon previous concert and agreement, fights

1-11 with any other person or gives, sends or authorizes any other person to give

1-12 or send a challenge verbally or in writing to fight any other person, the

1-13 person giving, sending or accepting the challenge to fight any other person

1-14 shall be punished:

2-1 (a) If the fight does not involve the use of a deadly weapon, for a gross

2-2 misdemeanor; or

2-3 (b) If the fight involves the use of a deadly weapon, for a category B

2-4 felony by imprisonment in the state prison for a minimum term of not less

2-5 than 1 year and a maximum term of not more than 6 years, and may be

2-6 further punished by a fine of not more than $5,000.

2-7 2. A person who acts for another in giving, sending, or accepting,

2-8 either verbally or in writing, a challenge to fight any other person shall be

2-9 punished:

2-10 (a) If the fight does not involve the use of a deadly weapon, for a gross

2-11 misdemeanor; or

2-12 (b) If the fight involves the use of a deadly weapon, for a category B

2-13 felony by imprisonment in the state prison for a minimum term of not less

2-14 than 1 year and a maximum term of not more than 6 years, and may be

2-15 further punished by a fine of not more than $5,000.

2-16 3. Should death ensue to a person in such a fight, or should a person

2-17 die from any injuries received in such a fight , [within a year and a day,] the

2-18 person causing or having any agency in causing the death, either by

2-19 fighting or by giving or sending for himself or for any other person, or in

2-20 receiving for himself or for any other person, the challenge to fight, is

2-21 guilty of murder in the first degree which is a category A felony and shall

2-22 be punished as provided in subsection 4 of NRS 200.030.

2-23 Sec. 3. NRS 200.100 is hereby repealed.

2-24 Sec. 4. The amendatory provisions of this act do not apply to offenses

2-25 committed before the effective date of this act.

2-26 Sec. 5. This act becomes effective upon passage and approval.

 

2-27 TEXT OF REPEALED SECTION

 

2-28 200.100 Death must occur within a year and a day. In order to

2-29 make the killing either murder or manslaughter, it is requisite that the party

2-30 die within a year and a day after the stroke received, or the cause of death

2-31 administered, in the computation of which the whole of the day on which

2-32 the act was done shall be reckoned the first.

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