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