Senate Bill No. 63–Committee on Judiciary

Prefiled January 29, 1999

(On Behalf of Washoe County District Attorney)

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Referred to Committee on Judiciary

 

SUMMARY—Provides additional penalty for murder or attempted murder of person who is

65 years of age or older. (BDR 15-723)

FISCAL NOTE: Effect on Local Government: No.

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 crimes; providing an additional penalty for murder or attempted murder of a person who is 65 years of age or older; 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 193.167 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

2-1 [(h)] (j) Taking money or property from the person of another,

2-2 against any person who is 65 years of age or older shall be punished by

2-3 imprisonment in the county jail or state prison, whichever applies, for a

2-4 term equal to and in addition to the term of imprisonment prescribed by

2-5 statute for the crime. The sentence prescribed by this subsection must run

consecutively with the sentence prescribed by statute for the crime.

2-6 2. Except as otherwise provided in NRS 193.169, any person who

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

2-7 against any person who is 65 years of age or older shall be punished by

2-8 imprisonment in the county jail or state prison, whichever applies, for a

term equal to and in addition to the term of imprisonment prescribed by

2-9 statute for the criminal violation. The sentence prescribed by this

subsection must run consecutively with the sentence prescribed by statute

2-10 for the criminal violation.

2-11 3. This section does not create any separate offense but provides an

additional penalty for the primary offense, whose imposition is contingent

2-12 upon the finding of the prescribed fact.

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

2-13 176A.120 1. Except as otherwise provided in subsection 2, the court

2-14 shall not grant probation to a person whose conduct during the commission

of the crime for which he was convicted satisfies the requirements for

2-15 imposing an additional term of imprisonment pursuant to paragraph [(f) or

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

2-16 193.167, until the convicted person has paid to the victim of the offense at

2-17 least 80 percent of the amount of restitution set by the court pursuant to

NRS 176.033.

2-18 2. The court shall not deny probation to a person as provided in

subsection 1 unless the court determines that the person has willfully failed

2-19 to make restitution to the victim of the crime and the person has the ability

2-20 to make restitution.

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

2-21 213.1216 1. Except as otherwise provided in subsection 2, the board

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

2-22 of the crime for which he was imprisoned satisfies the requirements for

2-23 imposing an additional term of imprisonment pursuant to paragraph [(f) or

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

2-24 193.167, until the prisoner has paid to the victim of the offense at least 80

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

2-25 176.033.

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

3-1 provided in subsection 1 unless the board determines that the prisoner has

willfully failed to make restitution to the victim of the crime and the

3-2 prisoner has the ability to make restitution.

3-3 Sec. 4. The amendatory provisions of this act do not apply to offenses

that are committed before the effective date of this act.

3-4 Sec. 5. This act becomes effective upon passage and approval.

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