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 200.471 is hereby amended to read as follows:

1-2 200.471 1. As used in this section:

1-19 (d) "Taxicab" has the meaning ascribed to it in NRS 706.8816.

2-1 (e) "Taxicab driver" means a person who operates a taxicab.

2-2 (f) "Transit operator" means a person who operates a bus or other

2-3 vehicle as part of a public mass transportation system.

2-4 2. A person convicted of an assault shall be punished:

2-5 (a) If paragraph (c) of this subsection does not apply to the

2-6 circumstances of the crime and the assault is not made with use of a deadly

2-7 weapon, or the present ability to use a deadly weapon, for a misdemeanor.

2-8 (b) If the assault is made with use of a deadly weapon, or the present

2-9 ability to use a deadly weapon, for a category B felony by imprisonment in

2-10 the state prison for a minimum term of not less than 1 year and a maximum

2-11 term of not more than 6 years, or by a fine of not more than $5,000, or by

2-12 both fine and imprisonment.

2-13 (c) If the assault is committed upon an officer, a school employee , a

2-14 taxicab driver or a transit operator who is performing his duty and the

2-15 person charged knew or should have known that the victim was an officer,

2-16 school employee , taxicab driver or transit operator, for a gross

2-17 misdemeanor, unless the assault is made with use of a deadly weapon, or

2-18 the present ability to use a deadly weapon, then for a category B felony by

2-19 imprisonment in the state prison for a minimum term of not less than 1 year

2-20 and a maximum term of not more than 6 years, or by a fine of not more

2-21 than $5,000, or by both fine and imprisonment.

2-22 Sec. 2. NRS 200.481 is hereby amended to read as follows:

2-23 200.481 1. As used in this section:

2-42 (f) "Taxicab driver" means a person who operates a taxicab.

3-1 (g) "Transit operator" means a person who operates a bus or other

3-2 vehicle as part of a public mass transportation system.

3-3 2. Except as otherwise provided in NRS 200.485, a person convicted

3-4 of a battery, other than a battery committed by an adult upon a child which

3-5 constitutes child abuse, shall be punished:

3-6 (a) If the battery is not committed with a deadly weapon, and no

3-7 substantial bodily harm to the victim results, except under circumstances

3-8 where a greater penalty is provided in paragraph (d) or in NRS 197.090, for

3-9 a misdemeanor.

3-10 (b) If the battery is not committed with a deadly weapon, and substantial

3-11 bodily harm to the victim results, for a category C felony as provided in

3-12 NRS 193.130.

3-13 (c) If the battery is committed upon an officer, school employee ,

3-14 taxicab driver or transit operator and:

3-15 (1) The officer, school employee , taxicab driver or transit operator

3-16 was performing his duty;

3-17 (2) The officer, school employee , taxicab driver or transit operator

3-18 suffers substantial bodily harm; and

3-19 (3) The person charged knew or should have known that the victim

3-20 was an officer, school employee , taxicab driver or transit operator,

3-21 for a category B felony by imprisonment in the state prison for a minimum

3-22 term of not less than 2 years and a maximum term of not more than 10

3-23 years, or by a fine of not more than $10,000, or by both fine and

3-24 imprisonment.

3-25 (d) If the battery is committed upon an officer, school employee ,

3-26 taxicab driver or transit operator who is performing his duty and the person

3-27 charged knew or should have known that the victim was an officer, school

3-28 employee , taxicab driver or transit operator, for a gross misdemeanor,

3-29 except under circumstances where a greater penalty is provided in this

3-30 section.

3-31 (e) If the battery is committed with the use of a deadly weapon, and:

3-32 (1) No substantial bodily harm to the victim results, for a category B

3-33 felony by imprisonment in the state prison for a minimum term of not less

3-34 than 2 years and a maximum term of not more than 10 years, and may be

3-35 further punished by a fine of not more than $10,000.

3-36 (2) Substantial bodily harm to the victim results, for a category B

3-37 felony by imprisonment in the state prison for a minimum term of not less

3-38 than 2 years and a maximum term of not more than 15 years, and may be

3-39 further punished by a fine of not more than $10,000.

4-1 (f) If the battery is committed by a prisoner who is in lawful custody or

4-2 confinement, without the use of a deadly weapon, whether or not

4-3 substantial bodily harm results, for a category B felony by imprisonment in

4-4 the state prison for a minimum term of not less than 1 year and a maximum

4-5 term of not more than 6 years.

4-6 (g) If the battery is committed by a prisoner who is in lawful custody or

4-7 confinement with the use of a deadly weapon, and:

4-8 (1) No substantial bodily harm to the victim results, for a category B

4-9 felony by imprisonment in the state prison for a minimum term of not less

4-10 than 2 years and a maximum term of not more than 10 years.

4-11 (2) Substantial bodily harm to the victim results, for a category B

4-12 felony by imprisonment in the state prison for a minimum term of not less

4-13 than 2 years and a maximum term of not more than 15 years.

4-14 Sec. 3. The amendatory provisions of this act do not apply to offenses

4-15 that are committed before October 1, 1999.