Senate Bill No. 148–Committee on Judiciary

(On Behalf of Advisory Commission on Sentencing)

February 10, 1999

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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.

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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 sentencing; revising the penalty for commission of a category E felony; allowing the court to require a person convicted of a category E felony to serve a term of confinement in the county jail as a condition of probation; 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 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 of

1-4 a felony shall be sentenced to a minimum term and a maximum term of

1-5 imprisonment which must be within the limits prescribed by the applicable

1-6 statute, unless the statute in force at the time of commission of the felony

1-7 prescribed a different penalty. The minimum term of imprisonment that

1-8 may be imposed must not exceed 40 percent of the maximum term

1-9 imposed.

1-10 2. Except as otherwise provided by specific statute, for each felony

1-11 committed on or after July 1, 1995:

1-12 (a) A category A felony is a felony for which a sentence of death or

1-13 imprisonment in the state prison for life with or without the possibility of

1-14 parole may be imposed, as provided by specific statute.

2-1 (b) A category B felony is a felony for which the minimum term of

2-2 imprisonment in the state prison that may be imposed is not less than 1 year

2-3 and the maximum term of imprisonment that may be imposed is not more

2-4 than 20 years, as provided by specific statute.

2-5 (c) A category C felony is a felony for which a court shall sentence a

2-6 convicted person to imprisonment in the state prison for a minimum term of

2-7 not less than 1 year and a maximum term of not more than 5 years. In

2-8 addition to any other penalty, the court may impose a fine of not more than

2-9 $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 a

2-11 convicted person to imprisonment in the state prison for a minimum term of

2-12 not less than 1 year and a maximum term of not more than 4 years. In

2-13 addition to any other penalty, the court may impose a fine of not more than

2-14 $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 a

2-16 convicted person to imprisonment in the state prison for a minimum term of

2-17 not less than 1 year and a maximum term of not more than 4 years. Except

2-18 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, the

2-20 court shall suspend the execution of the sentence and grant probation to the

2-21 person upon such conditions as the court deems appropriate. Such

2-22 conditions of probation may include, but are not limited to, requiring the

2-23 person to serve a term of confinement in the county jail. In addition to

2-24 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 to

2-27 any additional expenses of a local government that are related to the

2-28 provisions of this act.

2-29 Sec. 3. The amendatory provisions of this act do not apply to offenses

2-30 that were committed before October 1, 1999.

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