Senate Bill No. 148–Committee on Judiciary
(On Behalf of Advisory Commission on Sentencing)
February 10, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Revises penalty for commission of category E felony. (BDR 15-231)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 193.130 is hereby amended to read as follows:1-2
193.130 1. Except when a person is convicted of a category A felony,1-3
and except as otherwise provided by specific statute, a person convicted of1-4
a felony shall be sentenced to a minimum term and a maximum term of1-5
imprisonment which must be within the limits prescribed by the applicable1-6
statute, unless the statute in force at the time of commission of the felony1-7
prescribed a different penalty. The minimum term of imprisonment that1-8
may be imposed must not exceed 40 percent of the maximum term1-9
imposed.1-10
2. Except as otherwise provided by specific statute, for each felony1-11
committed on or after July 1, 1995:1-12
(a) A category A felony is a felony for which a sentence of death or1-13
imprisonment in the state prison for life with or without the possibility of1-14
parole may be imposed, as provided by specific statute.2-1
(b) A category B felony is a felony for which the minimum term of2-2
imprisonment in the state prison that may be imposed is not less than 1 year2-3
and the maximum term of imprisonment that may be imposed is not more2-4
than 20 years, as provided by specific statute.2-5
(c) A category C felony is a felony for which a court shall sentence a2-6
convicted person to imprisonment in the state prison for a minimum term of2-7
not less than 1 year and a maximum term of not more than 5 years. In2-8
addition to any other penalty, the court may impose a fine of not more than2-9
$10,000, unless a greater fine is authorized or required by statute.2-10
(d) A category D felony is a felony for which a court shall sentence a2-11
convicted person to imprisonment in the state prison for a minimum term of2-12
not less than 1 year and a maximum term of not more than 4 years. In2-13
addition to any other penalty, the court may impose a fine of not more than2-14
$5,000, unless a greater fine is authorized or required by statute.2-15
(e) A category E felony is a felony for which a court shall sentence a2-16
convicted person to imprisonment in the state prison for a minimum term of2-17
not less than 1 year and a maximum term of not more than 4 years. Except2-18
as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100,2-19
upon sentencing a person who is found guilty of a category E felony, the2-20
court shall suspend the execution of the sentence and grant probation to the2-21
person upon such conditions as the court deems appropriate. Such2-22
conditions of probation may include, but are not limited to, requiring the2-23
person to serve a term of confinement in the county jail. In addition to2-24
any other penalty, the court may impose a fine of not more than $5,000,2-25
unless a greater penalty is authorized or required by statute.2-26
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to2-27
any additional expenses of a local government that are related to the2-28
provisions of this act.2-29
Sec. 3. The amendatory provisions of this act do not apply to offenses2-30
that were committed before October 1, 1999.~