Assembly Bill No. 105–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to crimes; prohibiting possession of components for constructing an explosive or incendiary device with the intent to manufacture such a device; prohibiting possession of any explosive or incendiary device or material, substance or component that may be converted to such a device in certain places; 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:

 

   Section 1. Chapter 202 of NRS is hereby amended by adding thereto

 the provisions set forth as sections 2 and 3 of this act.

   Sec. 2. 1.  A person shall not knowingly possess any component of

 an explosive or incendiary device with the intent to manufacture an

 explosive or incendiary device.

   2.  A person who violates subsection 1 is guilty of a category B felony

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

 minimum term of not less than 1 year and a maximum term of not more

 than 6 years, and may be further punished by a fine of not more than

 $5,000.

   3.  This section does not prohibit a person from possessing,

 manufacturing or using any material, component, substance or device

 as required for the performance of his duties related to mining,

 agriculture, construction or any other valid occupational purpose or if

 the person is authorized by a governmental entity which has lawful

 control over such matters to use those items in the performance of his

 duties.

   Sec. 3. 1.  Except as otherwise provided in subsection 3, a person

 shall not possess any explosive or incendiary device or any explosive or

 incendiary material, substance or component that may be readily

 converted to an explosive or incendiary device:

   (a) In or upon any public street or highway in this state;

   (b) In or near any private habitation, public place or any place open to

 the public; or

   (c) In, on or near any public conveyance.

   2.  A person who violates subsection 1 is guilty of a category D felony

 and shall be punished as provided in NRS 193.130.

   3.  This section does not prohibit a person from possessing any

 material, component, substance or device:

   (a) As required for the performance of his duties related to mining,

 agriculture, construction or any other valid occupational purpose or if

 the person is authorized by a governmental entity which has lawful

 control over such matters to use those items in the performance of his

 duties;

   (b) In an amount which, if detonated or otherwise exploded, would

 not ordinarily cause substantial bodily harm to another person or

 substantial harm to the property of another; or

   (c) As part of a model rocket or engine for a model rocket that is

 designed, sold and used for the purpose of propelling a model rocket.

 

 

   Sec. 4. NRS 202.253 is hereby amended to read as follows:

   202.253  As used in NRS 202.253 to 202.369, inclusive[:] , and

 sections 2 and 3 of this act:

   1. “Explosive or incendiary device” means any explosive or

 incendiary material or substance that has been constructed, altered,

 packaged or arranged in such a manner that its ordinary use would

 cause destruction or injury to life or property.

   2.  “Firearm” means any device designed to be used as a weapon from

 which a projectile may be expelled through the barrel by the force of any

 explosion or other form of combustion.

   [2.] 3.  “Firearm capable of being concealed upon the person” applies

 to and includes all firearms having a barrel less than 12 inches in length.

   [3.] 4.  “Motor vehicle” means every vehicle that is self-propelled.

   Sec. 5.  NRS 202.260 is hereby amended to read as follows:

   202.260  1.  A person who unlawfully possesses, manufactures [,] or

 disposes of any explosive or incendiary device with the intent to destroy

 life or property is guilty of a category B felony and shall be punished by

 imprisonment in the state prison for a minimum term of not less than 1

 year and a maximum term of not more than 6 years, and may be further

 punished by a fine of not more than $5,000.

   2. This section does not prohibit a person from possessing,

 manufacturing or using any material, component, substance or device

 as required for the performance of his duties related to mining,

 agriculture, construction or any other valid occupational purpose or if

 the person is authorized by a governmental entity which has lawful

 control over such matters to use those items in the performance of his

 duties.

   3.  For the purposes of this section [:

   (a) “Dispose] , “dispose of” means give, give away, loan, offer, offer

 for sale, sell or transfer.

   [(b) “Explosive or incendiary device” means any explosive or

 incendiary material or substance that has been constructed, altered,

 packaged or arranged in such a manner that its intended use would cause

 destruction or injury to life or property.

   3.  Subsection 1 does not prohibit the manufacture, use, possession or

 disposal of any material, substance or device by those persons engaged in

 mining or any other lawful activity or who are authorized by governmental

 agencies, which have lawful control over such matters, to use such items

 in the performance of their duties.]

   Sec. 6.  NRS 202.263 is hereby amended to read as follows:

   202.263  1.  [Any person who manufactures, purchases, possesses,

 sells, advertises for sale or transports] A person shall not manufacture,

 purchase, possess, sell, advertise for sale or transport a hoax bomb [and

 knows or should have known that it] if the person knows or should know

 that the hoax bomb is to be used to make a reasonable person believe that

 [it] the hoax bomb is an explosive or incendiary device .

   2.  A person who violates subsection 1 is guilty of a gross

 misdemeanor.

   [2.  The provisions of subsection 1 do]

   3.  This section does not prohibit:

   (a) The purchase, possession, sale, advertising for sale, transportation or

use of a military artifact, if the military artifact is harmless or inert, unless

 the military artifact is used to make a reasonable person believe that the

 military artifact is an explosive or incendiary device.

   (b) The authorized manufacture, purchase, possession, sale,

 transportation or use of any material, substance or device by a member of

 the Armed Forces of the United States, a fire department or a law

 enforcement agency if the person is acting lawfully while in the line of

 duty.

   (c) The manufacture, purchase, possession, sale, transportation or use of

 any material, substance or device that is permitted by a specific statute.

   [3.] 4. As used in this section[:

   (a) “Explosive or incendiary device” has the meaning ascribed to it in

 NRS 202.260.

   (b) “Hoax] , “hoax bomb” means:

     [(1)] (a) An inoperative facsimile or imitation of an explosive or

 incendiary device; or

     [(2)] (b) A device or object that appears to be or to contain an

 explosive or incendiary device.

   Sec. 7.  NRS 202.265 is hereby amended to read as follows:

   202.265  1.  Except as otherwise provided in this section, a person

 shall not carry or possess, while on the property of the University and

 Community College System of Nevada or a private or public school or

 while in a vehicle of a private or public school:

   (a) An explosive or incendiary device;

   (b) A dirk, dagger or switchblade knife;

   (c) A nunchaku or trefoil;

   (d) A blackjack or billy club or metal knuckles; or

   (e) A pistol, revolver or other firearm.

   2.  Any person who violates subsection 1 is guilty of a gross

 misdemeanor.

   3.  This section does not prohibit the possession of a weapon listed in

 subsection 1 on the property of a private or public school by a:

   (a) Peace officer;

   (b) School security guard; or

   (c) Person having written permission from the president of a branch or

 facility of the University and Community College System of Nevada or

 the principal of the school to carry or possess the weapon.

   4.  For the purposes of this section:

   (a) [“Explosive or incendiary device” has the meaning ascribed to it in

 NRS 202.260.

   (b)] “Firearm” includes:

     (1) Any device used to mark the clothing of a person with paint or

 any other substance; and

     (2) Any device from which a metallic projectile, including any ball

 bearing or pellet, may be expelled by means of spring, gas, air or other

 force.

   [(c)] (b) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

   [(d)] (c) “Switchblade knife” has the meaning ascribed to it in NRS

 202.350.

   [(e)] (d) “Trefoil” has the meaning ascribed to it in NRS 202.350.

   [(f)] (e) “Vehicle” has the meaning ascribed to it in NRS 484.148.

   Sec. 8.  NRS 62.172 is hereby amended to read as follows:

   62.172  1.  If a peace officer or probation officer has probable cause to

 believe that a child is committing or has committed an offense that

 involves the possession, use or threatened use of a firearm, the officer

 shall take the child into custody.

   2.  If a child is taken into custody for an offense described in subsection

 1, the child must not be released before a detention hearing is held

 pursuant to subsection 8 of NRS 62.170.

   3.  At a detention hearing held pursuant to subsection 8 of NRS 62.170

 concerning a child who was taken into custody for an offense described in

 subsection 1, the judge or master shall determine whether to order the

 child to be evaluated by a qualified professional. If the judge or master

 orders a child to be evaluated by a qualified professional, the evaluation

 must be completed within 14 days after the detention hearing. Until the

 evaluation is completed, the child must be:

   (a) Detained at a facility for the detention of juveniles; or

   (b) Placed under a program of supervision in his home that may include

 electronic surveillance of the child.

   4.  If a child is evaluated by a qualified professional pursuant to

 subsection 3, the statements made by the child to the qualified professional

 during the evaluation and any evidence directly or indirectly derived from

 those statements may not be used for any purpose in a proceeding which is

 conducted to prove that the child committed a delinquent act or criminal

 offense. The provisions of this subsection do not prohibit the district

 attorney from proving that the child committed a delinquent act or

 criminal offense based upon evidence obtained from sources or by means

 that are independent of the statements made by the child to the qualified

 professional during the evaluation conducted pursuant to subsection 3.

   5.  As used in this section:

   (a) “Firearm” has the meaning ascribed to it in [subsection 1 of] NRS

 202.253.

   (b) “Qualified professional” means:

     (1) A psychiatrist licensed to practice medicine in this state and

 certified by the American Board of Psychiatry and Neurology, Inc.;

     (2) A psychologist licensed to practice in this state;

     (3) A social worker holding a master’s degree in social work and

 licensed in this state as a clinical social worker;

     (4) A registered nurse holding a master’s degree in the field of

 psychiatric nursing and licensed to practice professional nursing in this

 state; or

     (5) A marriage and family therapist licensed in this state pursuant to

 chapter 641A of NRS.

   Sec. 9.  NRS 393.410 is hereby amended to read as follows:

   393.410  1.  It is unlawful for any person:

   (a) Willfully and maliciously to injure, mark or deface any public

 schoolhouse, its fixtures, books or appurtenances;

   (b) To commit any nuisance in any public schoolhouse;

   (c) To loiter on or near the school grounds; or

   (d) Purposely and maliciously to commit any trespass upon the grounds

attached to a public schoolhouse, or any fixtures placed thereon, or any

 enclosure or sidewalk about the same.

   2.  Except as otherwise provided in subsection 3, any person violating

 any of the provisions of this section [shall be] is guilty of a public offense,

 as prescribed in NRS 193.155, proportionate to the value of the property

 damaged or destroyed and in no event less than a misdemeanor.

   3.  Any person who is in possession of a dangerous weapon during his

 commission of a violation of paragraph (b), (c) or (d) of subsection 1

 [shall be] is guilty of a gross misdemeanor.

   4.  As used in this section:

   (a) “Dangerous knife” means a knife having a blade that is 2 inches or

 more in length when measured from the tip of the knife which is

 customarily sharpened to the unsharpened extension of the blade which

 forms the hinge connecting the blade to the handle.

   (b) “Dangerous weapon” means:

     (1) An explosive or incendiary device;

     (2) A dirk, dagger, switchblade knife or dangerous knife;

     (3) A nunchaku or trefoil;

     (4) A blackjack or billy club or metal knuckles; or

     (5) A pistol, revolver or other firearm.

   (c) “Explosive or incendiary device” has the meaning ascribed to it in

 NRS [202.260.] 202.253.

   (d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

   (e) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

   (f) “Trefoil” has the meaning ascribed to it in NRS 202.350.

   Sec. 10.  The amendatory provisions of this act do not apply to

 offenses committed before July 1, 2001.

   Sec. 11.  This act becomes effective on July 1, 2001.

 

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