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. Chapter 212 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 9, a prisoner who is in

1-4 lawful custody or confinement, other than residential confinement, shall

1-5 not knowingly:

1-6 (a) Store or stockpile any human excrement or bodily fluid;

1-7 (b) Sell, supply or provide any human excrement or bodily fluid to any

1-8 other person;

1-9 (c) Buy, receive or acquire any human excrement or bodily fluid from

1-10 any other person; or

1-11 (d) Use, propel, discharge, spread or conceal, or cause to be used,

1-12 propelled, discharged, spread or concealed, any human excrement or

1-13 bodily fluid:

1-14 (1) With the intent to have the excrement or bodily fluid come into

1-15 physical contact with any portion of the body of an officer or employee of

1-16 a prison or any other person, whether or not such physical contact

1-17 actually occurs; or

2-1 (2) Under circumstances in which the excrement or bodily fluid is

2-2 reasonably likely to come into physical contact with any portion of the

2-3 body of an officer or employee of a prison or any other person, whether

2-4 or not such physical contact actually occurs.

2-5 2. Except as otherwise provided in subsection 3, if a prisoner violates

2-6 any provision of subsection 1, the prisoner is guilty of a category B felony

2-7 and shall be punished by imprisonment in the state prison for a

2-8 minimum term of not less than 2 years and a maximum term of not more

2-9 than 10 years, and may be further punished by a fine of not more than

2-10 $10,000.

2-11 3. If a prisoner violates any provision of paragraph (d) of subsection

2-12 1 and, at the time of the offense, the prisoner knew that any portion of

2-13 the excrement or bodily fluid involved in the offense contained a

2-14 communicable disease that causes or is reasonably likely to cause

2-15 substantial bodily harm, whether or not the communicable disease was

2-16 transmitted to a victim as a result of the offense, the prisoner is guilty of

2-17 a category A felony and shall be punished by imprisonment in the state

2-18 prison:

2-19 (a) For life with the possibility of parole, with eligibility for parole

2-20 beginning when a minimum of 10 years has been served; or

2-21 (b) For a definite term of 25 years, with eligibility for parole

2-22 beginning when a minimum of 10 years has been served,

2-23 and may be further punished by a fine of not more than $50,000.

2-24 4. A sentence imposed upon a prisoner pursuant to subsection 2 or 3:

2-25 (a) Is not subject to suspension or the granting of probation; and

2-26 (b) Must run consecutively after the prisoner has served any sentences

2-27 imposed upon him for the offense or offenses for which the prisoner was

2-28 in lawful custody or confinement when he violated the provisions of

2-29 subsection 1.

2-30 5. In addition to any other penalty, the court shall order a prisoner

2-31 who violates any provision of paragraph (d) of subsection 1 to reimburse

2-32 the appropriate person or governmental body for the cost of any

2-33 examinations or testing:

2-34 (a) Conducted pursuant to paragraphs (a) and (b) of subsection 7; or

2-35 (b) Paid for pursuant to subparagraph (2) of paragraph (c) of

2-36 subsection 7.

2-37 6. The warden, sheriff, administrator or other person responsible for

2-38 administering a prison shall immediately and fully investigate any act

2-39 described in subsection 1 that is reported or suspected to have been

2-40 committed in the prison.

2-41 7. If there is probable cause to believe that an act described in

2-42 paragraph (d) of subsection 1 has been committed in a prison:

3-1 (a) Each prisoner believed to have committed the act or to have been

3-2 the bodily source of any portion of the excrement or bodily fluid involved

3-3 in the act must submit to any appropriate examinations and testing to

3-4 determine whether each such prisoner has any communicable disease.

3-5 (b) If possible, a sample of the excrement or bodily fluid involved in

3-6 the act must be recovered and tested to determine whether any

3-7 communicable disease is present in the excrement or bodily fluid.

3-8 (c) If the excrement or bodily fluid involved in the act came into

3-9 physical contact with any portion of the body of an officer or employee of

3-10 a prison or any other person:

3-11 (1) The results of any examinations or testing conducted pursuant

3-12 to paragraphs (a) and (b) must be provided to each such officer,

3-13 employee or other person; and

3-14 (2) For each such officer or employee, the person or governmental

3-15 body operating the prison where the act was committed shall pay for any

3-16 appropriate examinations and testing requested by the officer or

3-17 employee to determine whether a communicable disease was transmitted

3-18 to him as a result of the act.

3-19 (d) The results of the investigation conducted pursuant to subsection 6

3-20 and the results of any examinations or testing conducted pursuant to

3-21 paragraphs (a) and (b) must be submitted to the district attorney of the

3-22 county in which the act was committed or to the office of the attorney

3-23 general for possible prosecution of each prisoner who committed the act.

3-24 8. If a prisoner is charged with committing an act described in

3-25 paragraph (d) of subsection 1 and a victim or an intended victim of the

3-26 act was an officer or employee of a prison, the prosecuting attorney shall

3-27 not dismiss the charge in exchange for a plea of guilty, guilty but

3-28 mentally ill or nolo contendere to a lesser charge or for any other reason

3-29 unless the prosecuting attorney knows or it is obvious that the charge is

3-30 not supported by probable cause or cannot be proved at the time of trial.

3-31 9. The provisions of this section do not apply to a prisoner who

3-32 commits an act described in subsection 1 if the act:

3-33 (a) Is otherwise lawful and is authorized by the warden, sheriff,

3-34 administrator or other person responsible for administering the prison,

3-35 or his designee, and the prisoner performs the act in accordance with the

3-36 directions or instructions given to him by that person;

3-37 (b) Involves the discharge of human excrement or bodily fluid directly

3-38 from the body of the prisoner and the discharge is the direct result of a

3-39 temporary or permanent injury, disease or medical condition afflicting

3-40 the prisoner that prevents the prisoner from having physical control over

3-41 the discharge of his own excrement or bodily fluid; or

3-42 (c) Constitutes voluntary sexual conduct with another person in

3-43 violation of the provisions of NRS 212.187.

4-1 Sec. 2. The amendatory provisions of this act do not apply to offenses

4-2 committed before the effective date of this act.

4-3 Sec. 3. This act becomes effective upon passage and approval.