1-1 Section 1. NRS 193.167 is hereby amended to read as follows:

1-2 193.167 1. Except as otherwise provided in NRS 193.169, any

1-3 person who commits the crime of:

1-4 (a) Murder;

1-5 (b) Attempted murder;

1-6 (c) Assault;

1-7 [(b)] (d) Battery;

1-8 [(c)] (e) Kidnaping;

1-9 [(d)] (f) Robbery;

1-10 [(e)] (g) Sexual assault;

1-11 [(f)] (h) Embezzlement of money or property of a value of $250 or

1-12 more;

1-13 [(g)] (i) Obtaining money or property of a value of $250 or more by

1-14 false pretenses; or

1-15 [(h)] (j) Taking money or property from the person of another,

1-16 against any person who is 65 years of age or older shall be punished by

1-17 imprisonment in the county jail or state prison, whichever applies, for a

1-18 term equal to and in addition to the term of imprisonment prescribed by

1-19 statute for the crime. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 1-20 indicates page 5, line 15). The sentence prescribed by this subsection must run

1-21 consecutively with the sentence prescribed by statute for the crime.

1-22 2. Except as otherwise provided in NRS 193.169, any person who

1-23 commits a criminal violation of the provisions of chapter 90 or 91 of NRS

1-24 against any person who is 65 years of age or older shall be punished by

1-25 imprisonment in the county jail or state prison, whichever applies, for a

1-26 term equal to and in addition to the term of imprisonment prescribed by

1-27 statute for the criminal violation. The sentence prescribed by this

1-28 subsection must run consecutively with the sentence prescribed by statute

1-29 for the criminal violation.

1-30 3. This section does not create any separate offense but provides an

1-31 additional penalty for the primary offense, whose imposition is contingent

1-32 upon the finding of the prescribed fact.

1-33 Sec. 2. NRS 176A.120 is hereby amended to read as follows:

1-34 176A.120 1. Except as otherwise provided in subsection 2, the court

1-35 shall not grant probation to a person whose conduct during the commission

1-36 of the crime for which he was convicted satisfies the requirements for

1-37 imposing an additional term of imprisonment pursuant to paragraph [(f) or2-1 (g)] (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS

2-2 193.167, until the convicted person has paid to the victim of the offense at

2-3 least 80 percent of the amount of restitution set by the court pursuant to

2-4 NRS 176.033.

2-5 2. The court shall not deny probation to a person as provided in

2-6 subsection 1 unless the court determines that the person has willfully failed

2-7 to make restitution to the victim of the crime and the person has the ability

2-8 to make restitution.

2-9 Sec. 3. NRS 213.1216 is hereby amended to read as follows:

2-10 213.1216 1. Except as otherwise provided in subsection 2, the board

2-11 shall not release on parole a prisoner whose conduct during the commission

2-12 of the crime for which he was imprisoned satisfies the requirements for

2-13 imposing an additional term of imprisonment pursuant to paragraph [(f) or

2-14 (g)] (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS

2-15 193.167, until the prisoner has paid to the victim of the offense at least 80

2-16 percent of the amount of restitution set by a court pursuant to NRS

2-17 176.033.

2-18 2. The board shall not refuse to release a prisoner on parole as

2-19 provided in subsection 1 unless the board determines that the prisoner has

2-20 willfully failed to make restitution to the victim of the crime and the

2-21 prisoner has the ability to make restitution.

2-22 Sec. 4. The amendatory provisions of this act do not apply to offenses

2-23 that are committed before the effective date of this act.

2-24 Sec. 5. This act becomes effective upon passage and approval.