Senate Bill No. 149–Committee on Judiciary

February 10, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Creates crime for commission of certain acts by prisoner against employee of correctional institution. (BDR 16-512)

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 prisoners; creating a crime for the commission of certain acts by a prisoner against an employee of a correctional institution; requiring the person in charge of administering a correctional institution to investigate any such crime that is reported or suspected; requiring an offender believed to have committed such a crime to submit to an examination and testing for communicable diseases; providing a penalty; 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. Chapter 212 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except under circumstances where a greater penalty is provided by

1-4 a specific statute, a prisoner who is in lawful custody or confinement,

1-5 other than residential confinement, and who intentionally propels or

1-6 places, or causes to be propelled or placed, any human excrement or

1-7 bodily fluid upon the person of an employee of a prison, is guilty of a

1-8 category B felony and shall be punished by imprisonment in the state

1-9 prison for a minimum term of not less than 2 years and a maximum term

1-10 of not more than 10 years, or by a fine of not more than $10,000, or by

1-11 both fine and imprisonment. In addition to any other penalty, the court

1-12 shall order the prisoner to reimburse the State of Nevada, a county or a

1-13 city, whichever may be applicable, for the cost of any examination or

1-14 testing performed pursuant to paragraph (a) of subsection 2.

2-1 2. The warden, sheriff, administrator or other person responsible for

2-2 administering a prison shall immediately and fully investigate a reported

2-3 or suspected violation of subsection 1. If there is probable cause to

2-4 believe that a violation of subsection 1 has occurred:

2-5 (a) A prisoner believed to have violated subsection 1 must submit to

2-6 any appropriate examination and testing to determine whether the

2-7 prisoner has any communicable diseases. The results of any examination

2-8 and testing of a prisoner must be provided to each employee of the prison

2-9 who was involved in the reported or suspected violation, and the

2-10 employee may, without charge to himself, undergo any appropriate

2-11 examination and testing to determine whether he has contracted a

2-12 communicable disease from the prisoner.

2-13 (b) The results of the investigation and the results of the testing and

2-14 examination of the prisoner must be submitted to the district attorney of

2-15 the county in which the reported or suspected violation occurred and to

2-16 the office of the attorney general for possible prosecution.

2-17 3. A prosecuting attorney shall not dismiss a charge of violating the

2-18 provisions of subsection 1 in exchange for a plea of guilty, guilty but

2-19 mentally ill or nolo contendere to a lesser charge or for any other reason

2-20 unless he knows or it is obvious that the charge is not supported by

2-21 probable cause or cannot be proved at the time of trial.

2-22 Sec. 2. The amendatory provisions of this act do not apply to any acts

2-23 committed by a prisoner before October 1, 1999.

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