1. Senate Bill No. 146–Senators Titus, Amodei, Mathews,


  1. O’Donnell, Porter, Raggio, Rawson and Shaffer

CHAPTER........

AN ACT relating to crimes; providing an enhanced penalty for the assault or battery of a

taxicab driver; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.471 is hereby amended to read as follows:

200.471 1. As used in this section:

(a) "Assault" means an unlawful attempt, coupled with a present ability,

to commit a violent injury on the person of another.

(b) "Officer" means:

(1) A person who possesses some or all of the powers of a peace

officer;

(2) A person employed in a full-time salaried occupation of fire

fighting for the benefit or safety of the public;

(3) A member of a volunteer fire department;

(4) A jailer, guard, matron or other correctional officer of a city or

county jail; or

(5) A justice of the supreme court, district judge, justice of the peace,

municipal judge, magistrate, court commissioner, master or referee,

including a person acting pro tempore in a capacity listed in this

subparagraph.

(c) "School employee" means a licensed or unlicensed person employed

by a board of trustees of a school district pursuant to NRS 391.100.

  1. (d) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
  1. (e) "Taxicab driver" means a person who operates a taxicab.

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

vehicle as part of a public mass transportation system.

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

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

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

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

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

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

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

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

both fine and imprisonment.

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

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

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

school employee , taxicab driver or transit operator, for a gross

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

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

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

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

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

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

  1. 200.481 1. As used in this section:
  1. (a) "Battery" means any willful and unlawful use of force or violence
  1. upon the person of another.
  1. (b) "Child" means a person less than 18 years of age.
  1. (c) "Officer" means:
  1. (1) A person who possesses some or all of the powers of a peace
  1. officer;
  1. (2) A person employed in a full-time salaried occupation of fire
  1. fighting for the benefit or safety of the public;
  1. (3) A member of a volunteer fire department;
  1. (4) A jailer, guard, matron or other correctional officer of a city or
  1. county jail or detention facility; or
  1. (5) A justice of the supreme court, district judge, justice of the peace,
  1. municipal judge, magistrate, court commissioner, master or referee,
  1. including, without limitation, a person acting pro tempore in a capacity
  1. listed in this subparagraph.
  1. (d) "School employee" means a licensed or unlicensed person employed
  1. by a board of trustees of a school district pursuant to NRS 391.100.
  1. (e) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
  1. (f) "Taxicab driver" means a person who operates a taxicab.
  1. (g) "Transit operator" means a person who operates a bus or other
  1. vehicle as part of a public mass transportation system.
  1. 2. Except as otherwise provided in NRS 200.485, a person convicted
  1. of a battery, other than a battery committed by an adult upon a child which
  1. constitutes child abuse, shall be punished:
  1. (a) If the battery is not committed with a deadly weapon, and no
  1. substantial bodily harm to the victim results, except under circumstances
  1. where a greater penalty is provided in paragraph (d) or in NRS 197.090, for
  1. a misdemeanor.
  1. (b) If the battery is not committed with a deadly weapon, and substantial
  1. bodily harm to the victim results, for a category C felony as provided in
  1. NRS 193.130.
  1. (c) If the battery is committed upon an officer, school employee ,
  1. taxicab driver or transit operator and:
  1. (1) The officer, school employee , taxicab driver or transit operator
  1. was performing his duty;
  1. (2) The officer, school employee , taxicab driver or transit operator
  1. suffers substantial bodily harm; and
  1. (3) The person charged knew or should have known that the victim
  1. was an officer, school employee , taxicab driver or transit operator,
  2. for a category B felony by imprisonment in the state prison for a minimum
  1. term of not less than 2 years and a maximum term of not more than 10
  1. years, or by a fine of not more than $10,000, or by both fine and
  1. imprisonment.
  1. (d) If the battery is committed upon an officer, school employee ,
  1. taxicab driver or transit operator who is performing his duty and the person
  1. charged knew or should have known that the victim was an officer, school
  1. employee , taxicab driver or transit operator, for a gross misdemeanor,
  1. except under circumstances where a greater penalty is provided in this
  1. section.
  1. (e) If the battery is committed with the use of a deadly weapon, and:
  1. (1) No substantial bodily harm to the victim results, for a category B
  1. felony by imprisonment in the state prison for a minimum term of not less
  1. than 2 years and a maximum term of not more than 10 years, and may be
  1. further punished by a fine of not more than $10,000.
  1. (2) Substantial bodily harm to the victim results, for a category B
  1. felony by imprisonment in the state prison for a minimum term of not less
  1. than 2 years and a maximum term of not more than 15 years, and may be
  1. further punished by a fine of not more than $10,000.
  1. (f) If the battery is committed by a prisoner who is in lawful custody or
  1. confinement, without the use of a deadly weapon, whether or not
  1. substantial bodily harm results, for a category B felony by imprisonment in
  1. the state prison for a minimum term of not less than 1 year and a maximum
  1. term of not more than 6 years.
  1. (g) If the battery is committed by a prisoner who is in lawful custody or
  1. confinement with the use of a deadly weapon, and:
  1. (1) No substantial bodily harm to the victim results, for a category B
  1. felony by imprisonment in the state prison for a minimum term of not less
  1. than 2 years and a maximum term of not more than 10 years.
  1. (2) Substantial bodily harm to the victim results, for a category B
  1. felony by imprisonment in the state prison for a minimum term of not less
  1. than 2 years and a maximum term of not more than 15 years.

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

that are committed before October 1, 1999.

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