Assembly Bill No. 105–Committee on Judiciary
(On Behalf of Nevada Sheriffs and Chiefs
Association)
February 12, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions pertaining to explosive
and incendiary devices. (BDR 15‑425)
FISCAL NOTE: Effect on Local Government:
No.
~
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; prohibiting possession of components for constructing an
explosive or incendiary device with the intent to manufacture such a device;
providing an enhanced penalty for possession, manufacture or disposal of an
explosive or incendiary device in certain public places with the intent to
destroy life or property; providing penalties; 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 202
of NRS is hereby amended by adding thereto a
1-2 new section to read as
follows:
1-3 1. A person shall not knowingly possess any
component of an
1-4 explosive or incendiary device with the intent to manufacture an
1-5 explosive or incendiary device.
1-6 2. A person who violates subsection 1 is guilty
of a category B felony
1-7 and shall be punished by imprisonment in the state prison for a
1-8 minimum term of not less than 1 year and a maximum term of not more
1-9 than 6 years, and may be further punished by a fine of not more
than
1-10 $5,000.
1-11 3. This section does not prohibit the
possession, manufacture or use
1-12 of any material, component, substance or device by those persons
1-13 engaged in mining or any other lawful activity or who are
authorized by
1-14 governmental agencies, which have lawful control over such matters,
to
1-15 use such items in the performance of their duties.
1-16 Sec. 2. NRS 202.253
is hereby amended to read as follows:
1-17 202.253 As used in NRS
202.253 to 202.369, inclusive [:] , and
1-18 section 1 of this act:
2-1 1. “Explosive or incendiary device” means any
explosive or
2-2 incendiary material or substance that has been constructed,
altered,
2-3 packaged or arranged in such a manner that its intended use would
2-4 cause destruction or injury to life or property.
2-5 2. “Firearm” means any device designed to be used as a
weapon from
2-6 which a projectile may be
expelled through the barrel by the force of any
2-7 explosion or other form of
combustion.
2-8 [2.] 3. “Firearm capable of being concealed upon the
person” applies
2-9 to and includes all firearms
having a barrel less than 12 inches in length.
2-10 [3.] 4. “Motor vehicle” means every vehicle that is
self-propelled.
2-11 Sec. 3. NRS 202.260 is hereby amended to read as follows:
2-12 202.260 1. A person [who unlawfully possesses, manufactures, or
2-13 disposes] shall not unlawfully possess, manufacture or dispose of
any
2-14 explosive or incendiary
device with the intent to destroy life or property .
2-15 2. Except as otherwise provided in subsection 3,
a person who
2-16 violates subsection 1 is guilty of a category B felony and shall be
punished
2-17 by imprisonment in the state
prison for a minimum term of not less than 1
2-18 year and a maximum term of
not more than 6 years, and may be further
2-19 punished by a fine of not
more than $5,000.
2-20 [2.] 3.
A person who violates subsection 1:
2-21 (a) In or upon any public
street or highway of this state;
2-22 (b) In or near any public
place or any place open to the public; or
2-23 (c) In, on or near any
public conveyance,
2-24 is guilty of a category B felony and shall be punished by
imprisonment in
2-25 the state prison for a minimum term of not less than 1 year and a
2-26 maximum term of not more than 10 years, and may be further punished
2-27 by a fine of not more than $5,000.
2-28 4. This section does not prohibit the
manufacture, use, possession or
2-29 disposal of any material, substance or device by those persons
engaged in
2-30 mining or any other lawful activity or who are authorized by
2-31 governmental agencies, which have lawful control over such matters,
to
2-32 use such items in the performance of their duties.
2-33 5. For the purposes of this section [:
2-34 (a) “Dispose] , “dispose of” means give, give away, loan,
offer, offer
2-35 for sale, sell or transfer.
2-36 [(b) “Explosive or
incendiary device” means any explosive or
2-37 incendiary material or substance that has been constructed, altered,
2-38 packaged or arranged in such a manner that its intended use would
cause
2-39 destruction or injury to life or property.
2-40 3. Subsection 1 does not prohibit the
manufacture, use, possession or
2-41 disposal of any material, substance or device by those persons
engaged in
2-42 mining or any other lawful activity or who are authorized by
governmental
2-43 agencies, which have lawful control over such matters, to use such
items in
2-44 the performance of their duties.]
2-45 Sec. 4. NRS 202.263 is hereby amended to read as follows:
2-46 202.263 1. [Any person
who manufactures, purchases, possesses,
2-47 sells, advertises for sale or transports] A person shall not
manufacture,
2-48 purchase, possess, sell, advertise for sale or transport a hoax bomb [and
2-49 knows or should have known that it] if the person knows or
should know
3-1 that the hoax bomb is to be used to make a reasonable person believe
that
3-2 [it] the hoax bomb is an explosive or incendiary
device .
3-3 2. A person who violates subsection 1 is guilty of a gross
3-4 misdemeanor.
3-5 [2. The provisions of subsection 1 do]
3-6 3. This section does not prohibit:
3-7 (a) The purchase, possession, sale, advertising for sale,
transportation or
3-8 use of a military artifact,
if the military artifact is harmless or inert, unless
3-9 the military artifact is
used to make a reasonable person believe that the
3-10 military artifact is an
explosive or incendiary device.
3-11 (b) The authorized manufacture, purchase, possession, sale,
3-12 transportation or use of any
material, substance or device by a member of
3-13 the Armed Forces of the
United States, a fire department or a law
3-14 enforcement agency if the
person is acting lawfully while in the line of
3-15 duty.
3-16 (c) The manufacture, purchase, possession, sale, transportation or
use of
3-17 any material, substance or
device that is permitted by a specific statute.
3-18 [3.] 4.
As used in this section [:
3-19 (a) “Explosive or incendiary
device” has the meaning ascribed to it in
3-20 NRS 202.260.
3-21 (b) “Hoax] , “hoax bomb”
means:
3-22 [(1)] (a)
An inoperative facsimile or imitation of an explosive or
3-23 incendiary device; or
3-24 [(2)] (b)
A device or object that appears to be or to contain an
3-25 explosive or incendiary
device.
3-26 Sec. 5. NRS 202.265 is hereby amended to read as follows:
3-27 202.265 1. Except as otherwise provided in this section,
a person
3-28 shall not carry or possess,
while on the property of the University and
3-29 Community College System of
Nevada or a private or public school or
3-30 while in a vehicle of a
private or public school:
3-31 (a) An explosive or incendiary device;
3-32 (b) A dirk, dagger or switchblade knife;
3-33 (c) A nunchaku or trefoil;
3-34 (d) A blackjack or billy club or metal knuckles; or
3-35 (e) A pistol, revolver or other firearm.
3-36 2. Any person who violates
subsection 1 is guilty of a gross
3-37 misdemeanor.
3-38 3. This section does not
prohibit the possession of a weapon listed in
3-39 subsection 1 on the property
of a private or public school by a:
3-40 (a) Peace officer;
3-41 (b) School security guard; or
3-42 (c) Person having written permission from the president of a branch
or
3-43 facility of the University
and Community College System of Nevada or the
3-44 principal of the school to
carry or possess the weapon.
3-45 4. For the purposes of this
section:
3-46 (a) [“Explosive or incendiary
device” has the meaning ascribed to it in
3-47 NRS 202.260.
3-48 (b)] “Firearm” includes:
4-1 (1) Any device used to mark the clothing of a person with paint
or
4-2 any other substance; and
4-3 (2) Any device from which a metallic projectile, including any ball
4-4 bearing or pellet, may be
expelled by means of spring, gas, air or other
4-5 force.
4-6 [(c)] (b)
“Nunchaku” has the meaning ascribed to it in NRS 202.350.
4-7 [(d)] (c)
“Switchblade knife” has the meaning ascribed to it in NRS
4-8 202.350.
4-9 [(e)] (d)
“Trefoil” has the meaning ascribed to it in NRS 202.350.
4-10 [(f)] (e)
“Vehicle” has the meaning ascribed to it in NRS 484.148.
4-11 Sec. 6. NRS 62.172 is hereby amended to read as follows:
4-12 62.172 1. If a peace officer or probation officer has
probable cause to
4-13 believe that a child is
committing or has committed an offense that
4-14 involves the possession, use
or threatened use of a firearm, the officer shall
4-15 take the child into custody.
4-16 2. If a child is taken into
custody for an offense described in subsection
4-17 1, the child must not be
released before a detention hearing is held pursuant
4-18 to subsection 8 of NRS
62.170.
4-19 3. At a detention hearing
held pursuant to subsection 8 of NRS 62.170
4-20 concerning a child who was
taken into custody for an offense described in
4-21 subsection 1, the judge or
master shall determine whether to order the child
4-22 to be evaluated by a
qualified professional. If the judge or master orders a
4-23 child to be evaluated by a
qualified professional, the evaluation must be
4-24 completed within 14 days
after the detention hearing. Until the evaluation
4-25 is completed, the child must
be:
4-26 (a) Detained at a facility for the detention of juveniles; or
4-27 (b) Placed under a program of supervision in his home that may
include
4-28 electronic surveillance of
the child.
4-29 4. If a child is evaluated
by a qualified professional pursuant to
4-30 subsection 3, the statements
made by the child to the qualified professional
4-31 during the evaluation and
any evidence directly or indirectly derived from
4-32 those statements may not be
used for any purpose in a proceeding which is
4-33 conducted to prove that the
child committed a delinquent act or criminal
4-34 offense. The provisions of
this subsection do not prohibit the district
4-35 attorney from proving that
the child committed a delinquent act or criminal
4-36 offense based upon evidence
obtained from sources or by means that are
4-37 independent of the
statements made by the child to the qualified
4-38 professional during the
evaluation conducted pursuant to subsection 3.
4-39 5. As used in this section:
4-40 (a) “Firearm” has the meaning ascribed to it in [subsection 1 of]
NRS
4-41 202.253.
4-42 (b) “Qualified professional” means:
4-43 (1) A psychiatrist licensed to practice medicine in this state
and
4-44 certified by the American
Board of Psychiatry and Neurology, Inc.;
4-45 (2) A psychologist licensed to practice in this state;
4-46 (3) A social worker holding a master’s degree in social work and
4-47 licensed in this state as a
clinical social worker;
5-1 (4) A registered nurse holding a master’s degree in the field of
5-2 psychiatric nursing and
licensed to practice professional nursing in this
5-3 state; or
5-4 (5) A marriage and family therapist licensed in this state
pursuant to
5-5 chapter 641A of NRS.
5-6 Sec. 7. NRS 393.410 is hereby amended to read as follows:
5-7 393.410 1. It is unlawful for any person:
5-8 (a) Willfully and maliciously to injure, mark or deface any public
5-9 schoolhouse, its fixtures,
books or appurtenances;
5-10 (b) To commit any nuisance in any public schoolhouse;
5-11 (c) To loiter on or near the school grounds; or
5-12 (d) Purposely and maliciously to commit any trespass upon the
grounds
5-13 attached to a public
schoolhouse, or any fixtures placed thereon, or any
5-14 enclosure or sidewalk about
the same.
5-15 2. Except as otherwise
provided in subsection 3, any person violating
5-16 any of the provisions of
this section [shall be] is guilty of a public offense,
5-17 as prescribed in NRS
193.155, proportionate to the value of the property
5-18 damaged or destroyed and in
no event less than a misdemeanor.
5-19 3. Any person who is in
possession of a dangerous weapon during his
5-20 commission of a violation of
paragraph (b), (c) or (d) of subsection 1 [shall
5-21 be] is guilty of a gross misdemeanor.
5-22 4. As used in this section:
5-23 (a) “Dangerous knife” means a knife having a blade that is 2 inches
or
5-24 more in length when measured
from the tip of the knife which is
5-25 customarily sharpened to the
unsharpened extension of the blade which
5-26 forms the hinge connecting
the blade to the handle.
5-27 (b) “Dangerous weapon” means:
5-28 (1) An explosive or incendiary device;
5-29 (2) A dirk, dagger, switchblade knife or dangerous knife;
5-30 (3) A nunchaku or trefoil;
5-31 (4) A blackjack or billy club or metal knuckles; or
5-32 (5) A pistol, revolver or other firearm.
5-33 (c) “Explosive or incendiary device” has the meaning ascribed to it
in
5-34 NRS [202.260.] 202.253.
5-35 (d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
5-36 (e) “Switchblade knife” has the meaning ascribed to it in NRS
202.350.
5-37 (f) “Trefoil” has the meaning ascribed to it in NRS 202.350.
5-38 Sec. 8. The amendatory provisions of this act do not apply to offenses
5-39 committed before July 1,
2001.
5-40 Sec. 9. This act becomes effective on July 1, 2001.
5-41 H