(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2. 1.  A person shall not knowingly possess any component of

1-4  an 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 a person from possessing,

1-12  manufacturing or using any material, component, substance or device as

1-13  required for the performance of his duties related to mining, agriculture,

1-14  construction or any other valid occupational purpose or if the person is

1-15  authorized by a governmental entity which has lawful control over such

1-16  matters to use those items in the performance of his duties.

1-17    Sec. 3. 1.  Except as otherwise provided in subsection 3, a person

1-18  shall not possess any explosive or incendiary device or any explosive or

2-1  incendiary material, substance or component that may be readily

2-2  converted to an explosive or incendiary device:

2-3    (a) In or upon any public street or highway in this state;

2-4    (b) In or near any private habitation, public place or any place open to

2-5  the public; or

2-6    (c) In, on or near any public conveyance.

2-7    2.  A person who violates subsection 1 is guilty of a category D felony

2-8  and shall be punished as provided in NRS 193.130.

2-9    3.  This section does not prohibit a person from possessing,

2-10  manufacturing or using any material, component, substance or device as

2-11  required for the performance of his duties related to mining, agriculture,

2-12  construction or any other valid occupational purpose or if the person is

2-13  authorized by a governmental entity which has lawful control over such

2-14  matters to use those items in the performance of his duties.

2-15    Sec. 4. NRS 202.253 is hereby amended to read as follows:

2-16    202.253  As used in NRS 202.253 to 202.369, inclusive[:] , and

2-17  sections 2 and 3 of this act:

2-18    1. “Explosive or incendiary device” means any explosive or

2-19  incendiary material or substance that has been constructed, altered,

2-20  packaged or arranged in such a manner that its intended use would

2-21  cause destruction or injury to life or property.

2-22    2.  “Firearm” means any device designed to be used as a weapon from

2-23  which a projectile may be expelled through the barrel by the force of any

2-24  explosion or other form of combustion.

2-25    [2.] 3.  “Firearm capable of being concealed upon the person” applies

2-26  to and includes all firearms having a barrel less than 12 inches in length.

2-27    [3.] 4.  “Motor vehicle” means every vehicle that is self-propelled.

2-28    Sec. 5.  NRS 202.260 is hereby amended to read as follows:

2-29    202.260  1.  A person [who unlawfully possesses, manufactures, or

2-30  disposes] shall not unlawfully possess, manufacture or dispose of any

2-31  explosive or incendiary device with the intent to destroy life or property is

2-32  guilty of a category B felony and shall be punished by imprisonment in the

2-33  state prison for a minimum term of not less than 1 year and a maximum

2-34  term of not more than 6 years, and may be further punished by a fine of not

2-35  more than $5,000.

2-36    2. This section does not prohibit a person from possessing,

2-37  manufacturing or using any material, component, substance or device as

2-38  required for the performance of his duties related to mining, agriculture,

2-39  construction or any other valid occupational purpose or if the person is

2-40  authorized by a governmental entity which has lawful control over such

2-41  matters to use those items in the performance of his duties.

2-42    3.  For the purposes of this section [:

2-43    (a) “Dispose] , “dispose of” means give, give away, loan, offer, offer

2-44  for sale, sell or transfer.

2-45    [(b) “Explosive or incendiary device” means any explosive or

2-46  incendiary material or substance that has been constructed, altered,

2-47  packaged or arranged in such a manner that its intended use would cause

2-48  destruction or injury to life or property.

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

3-2  disposal of any material, substance or device by those persons engaged in

3-3  mining or any other lawful activity or who are authorized by governmental

3-4  agencies, which have lawful control over such matters, to use such items in

3-5  the performance of their duties.]

3-6    Sec. 6.  NRS 202.263 is hereby amended to read as follows:

3-7    202.263  1.  [Any person who manufactures, purchases, possesses,

3-8  sells, advertises for sale or transports] A person shall not manufacture,

3-9  purchase, possess, sell, advertise for sale or transport a hoax bomb [and

3-10  knows or should have known that it] if the person knows or should know

3-11  that the hoax bomb is to be used to make a reasonable person believe that

3-12  [it] the hoax bomb is an explosive or incendiary device .

3-13    2.  A person who violates subsection 1 is guilty of a gross

3-14  misdemeanor.

3-15    [2.  The provisions of subsection 1 do]

3-16    3.  This section does not prohibit:

3-17    (a) The purchase, possession, sale, advertising for sale, transportation or

3-18  use of a military artifact, if the military artifact is harmless or inert, unless

3-19  the military artifact is used to make a reasonable person believe that the

3-20  military artifact is an explosive or incendiary device.

3-21    (b) The authorized manufacture, purchase, possession, sale,

3-22  transportation or use of any material, substance or device by a member of

3-23  the Armed Forces of the United States, a fire department or a law

3-24  enforcement agency if the person is acting lawfully while in the line of

3-25  duty.

3-26    (c) The manufacture, purchase, possession, sale, transportation or use of

3-27  any material, substance or device that is permitted by a specific statute.

3-28    [3.] 4. As used in this section[:

3-29    (a) “Explosive or incendiary device” has the meaning ascribed to it in

3-30  NRS 202.260.

3-31    (b) “Hoax] , “hoax bomb” means:

3-32      [(1)] (a) An inoperative facsimile or imitation of an explosive or

3-33  incendiary device; or

3-34      [(2)] (b) A device or object that appears to be or to contain an

3-35  explosive or incendiary device.

3-36    Sec. 7.  NRS 202.265 is hereby amended to read as follows:

3-37    202.265  1.  Except as otherwise provided in this section, a person

3-38  shall not carry or possess, while on the property of the University and

3-39  Community College System of Nevada or a private or public school or

3-40  while in a vehicle of a private or public school:

3-41    (a) An explosive or incendiary device;

3-42    (b) A dirk, dagger or switchblade knife;

3-43    (c) A nunchaku or trefoil;

3-44    (d) A blackjack or billy club or metal knuckles; or

3-45    (e) A pistol, revolver or other firearm.

3-46    2.  Any person who violates subsection 1 is guilty of a gross

3-47  misdemeanor.

3-48    3.  This section does not prohibit the possession of a weapon listed in

3-49  subsection 1 on the property of a private or public school by a:

4-1    (a) Peace officer;

4-2    (b) School security guard; or

4-3    (c) Person having written permission from the president of a branch or

4-4  facility of the University and Community College System of Nevada or the

4-5  principal of the school to carry or possess the weapon.

4-6    4.  For the purposes of this section:

4-7    (a) [“Explosive or incendiary device” has the meaning ascribed to it in

4-8  NRS 202.260.

4-9    (b)] “Firearm” includes:

4-10      (1) Any device used to mark the clothing of a person with paint or

4-11  any other substance; and

4-12      (2) Any device from which a metallic projectile, including any ball

4-13  bearing or pellet, may be expelled by means of spring, gas, air or other

4-14  force.

4-15    [(c)] (b) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

4-16    [(d)] (c) “Switchblade knife” has the meaning ascribed to it in NRS

4-17  202.350.

4-18    [(e)] (d) “Trefoil” has the meaning ascribed to it in NRS 202.350.

4-19    [(f)] (e) “Vehicle” has the meaning ascribed to it in NRS 484.148.

4-20    Sec. 8.  NRS 62.172 is hereby amended to read as follows:

4-21    62.172  1.  If a peace officer or probation officer has probable cause to

4-22  believe that a child is committing or has committed an offense that

4-23  involves the possession, use or threatened use of a firearm, the officer shall

4-24  take the child into custody.

4-25    2.  If a child is taken into custody for an offense described in subsection

4-26  1, the child must not be released before a detention hearing is held pursuant

4-27  to subsection 8 of NRS 62.170.

4-28    3.  At a detention hearing held pursuant to subsection 8 of NRS 62.170

4-29  concerning a child who was taken into custody for an offense described in

4-30  subsection 1, the judge or master shall determine whether to order the child

4-31  to be evaluated by a qualified professional. If the judge or master orders a

4-32  child to be evaluated by a qualified professional, the evaluation must be

4-33  completed within 14 days after the detention hearing. Until the evaluation

4-34  is completed, the child must be:

4-35    (a) Detained at a facility for the detention of juveniles; or

4-36    (b) Placed under a program of supervision in his home that may include

4-37  electronic surveillance of the child.

4-38    4.  If a child is evaluated by a qualified professional pursuant to

4-39  subsection 3, the statements made by the child to the qualified professional

4-40  during the evaluation and any evidence directly or indirectly derived from

4-41  those statements may not be used for any purpose in a proceeding which is

4-42  conducted to prove that the child committed a delinquent act or criminal

4-43  offense. The provisions of this subsection do not prohibit the district

4-44  attorney from proving that the child committed a delinquent act or criminal

4-45  offense based upon evidence obtained from sources or by means that are

4-46  independent of the statements made by the child to the qualified

4-47  professional during the evaluation conducted pursuant to subsection 3.

4-48    5.  As used in this section:

5-1    (a) “Firearm” has the meaning ascribed to it in [subsection 1 of] NRS

5-2  202.253.

5-3    (b) “Qualified professional” means:

5-4       (1) A psychiatrist licensed to practice medicine in this state and

5-5  certified by the American Board of Psychiatry and Neurology, Inc.;

5-6       (2) A psychologist licensed to practice in this state;

5-7       (3) A social worker holding a master’s degree in social work and

5-8  licensed in this state as a clinical social worker;

5-9       (4) A registered nurse holding a master’s degree in the field of

5-10  psychiatric nursing and licensed to practice professional nursing in this

5-11  state; or

5-12      (5) A marriage and family therapist licensed in this state pursuant to

5-13  chapter 641A of NRS.

5-14    Sec. 9.  NRS 393.410 is hereby amended to read as follows:

5-15    393.410  1.  It is unlawful for any person:

5-16    (a) Willfully and maliciously to injure, mark or deface any public

5-17  schoolhouse, its fixtures, books or appurtenances;

5-18    (b) To commit any nuisance in any public schoolhouse;

5-19    (c) To loiter on or near the school grounds; or

5-20    (d) Purposely and maliciously to commit any trespass upon the grounds

5-21  attached to a public schoolhouse, or any fixtures placed thereon, or any

5-22  enclosure or sidewalk about the same.

5-23    2.  Except as otherwise provided in subsection 3, any person violating

5-24  any of the provisions of this section [shall be] is guilty of a public offense,

5-25  as prescribed in NRS 193.155, proportionate to the value of the property

5-26  damaged or destroyed and in no event less than a misdemeanor.

5-27    3.  Any person who is in possession of a dangerous weapon during his

5-28  commission of a violation of paragraph (b), (c) or (d) of subsection 1 [shall

5-29  be] is guilty of a gross misdemeanor.

5-30    4.  As used in this section:

5-31    (a) “Dangerous knife” means a knife having a blade that is 2 inches or

5-32  more in length when measured from the tip of the knife which is

5-33  customarily sharpened to the unsharpened extension of the blade which

5-34  forms the hinge connecting the blade to the handle.

5-35    (b) “Dangerous weapon” means:

5-36      (1) An explosive or incendiary device;

5-37      (2) A dirk, dagger, switchblade knife or dangerous knife;

5-38      (3) A nunchaku or trefoil;

5-39      (4) A blackjack or billy club or metal knuckles; or

5-40      (5) A pistol, revolver or other firearm.

5-41    (c) “Explosive or incendiary device” has the meaning ascribed to it in

5-42  NRS [202.260.] 202.253.

5-43    (d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

5-44    (e) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

5-45    (f) “Trefoil” has the meaning ascribed to it in NRS 202.350.

5-46    Sec. 10.  The amendatory provisions of this act do not apply to

5-47  offenses committed before July 1, 2001.

5-48    Sec. 11.  This act becomes effective on July 1, 2001.

 

5-49  H