Assembly Bill No. 107–Committee on Judiciary
(On Behalf of Attorney General)
February 12, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Clarifies that person convicted of battery
constituting domestic violence within 7 years before or after principal offense
has committed prior offense for purposes of determining penalty. (BDR 15‑481)
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; clarifying that a person convicted of a battery that
constitutes domestic violence within 7 years before or after the principal
offense has committed a prior offense for the purposes of determining a
penalty; 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 200.485
is hereby amended to read as follows:
1-2 200.485 1. Unless a greater penalty is provided pursuant
to NRS
1-3 200.481, a person convicted
of a battery that constitutes domestic violence
1-4 pursuant to NRS 33.018:
1-5 (a) For the first offense within [the immediately preceding]
7 years, is
1-6 guilty of a misdemeanor and
shall be sentenced to:
1-7 (1) Imprisonment in the city or county jail or detention
facility for not
1-8 less than 2 days, but not
more than 6 months; and
1-9 (2) Perform not less than 48 hours, but not more than 120 hours,
of
1-10 community service.
1-11 The person shall be further
punished by a fine of not less than $200, but not
1-12 more than $1,000. A term of
imprisonment imposed pursuant to this
1-13 paragraph may be served
intermittently at the discretion of the judge or
1-14 justice of the peace, except
that each period of confinement must be not
1-15 less than 4 consecutive
hours and must occur either at a time when the
1-16 person is not required to be
at his place of employment or on a weekend.
1-17 (b) For the second offense within [the immediately preceding]
7 years,
1-18 is guilty of a misdemeanor
and shall be sentenced to:
2-1 (1) Imprisonment in the city or county jail or detention
facility for not
2-2 less than 10 days, but not
more than 6 months; and
2-3 (2) Perform not less than 100 hours, but not more than 200
hours, of
2-4 community service.
2-5 The person shall be further
punished by a fine of not less than $500, but not
2-6 more than $1,000.
2-7 (c) For the third and any subsequent offense within [the immediately
2-8 preceding] 7 years, is guilty of a
category C felony and shall be punished
2-9 as provided in NRS 193.130.
2-10 2. In addition to any other
penalty, if a person is convicted of a battery
2-11 which constitutes domestic
violence pursuant to NRS 33.018, the court
2-12 shall:
2-13 (a) For the first offense within [the immediately preceding]
7 years,
2-14 require him to participate
in weekly counseling sessions of not less than 1
2-15 1/2 hours per week for not
less than 6 months, but not more than 12
2-16 months, at his own expense,
in a program for the treatment of persons who
2-17 commit domestic violence
that has been certified pursuant to NRS 228.470.
2-18 (b) For the second offense within [the immediately preceding]
7 years,
2-19 require him to participate
in weekly counseling sessions of not less than 1
2-20 1/2 hours per week for 12
months, at his own expense, in a program for the
2-21 treatment of persons who
commit domestic violence that has been certified
2-22 pursuant to NRS 228.470.
2-23 3. An offense that occurred within 7 years immediately
preceding the
2-24 date of the principal offense or after the principal offense
constitutes a
2-25 prior offense for the purposes of this section when evidenced by a
2-26 conviction, without regard to the sequence of the offenses and
2-27 convictions. The facts concerning a prior offense must be alleged
in the
2-28 complaint, indictment or information, must not be read to the jury
or
2-29 proved at trial but must be proved at the time of sentencing and,
if the
2-30 principal offense is alleged to be a felony, must also be shown at
the
2-31 preliminary examination or presented to the grand jury.
2-32 4. In addition to any other fine or penalty, the court
shall order such a
2-33 person to pay an
administrative assessment of $35. Any money so collected
2-34 must be paid by the clerk of
the court to the state treasurer on or before the
2-35 fifth day of each month for
the preceding month for credit to the account
2-36 for programs related to
domestic violence established pursuant to NRS
2-37 228.460.
2-38 [4.] 5.
In addition to any other penalty, the
court may require such a
2-39 person to participate, at
his own expense, in a program of treatment for the
2-40 abuse of alcohol or drugs
that has been certified by the bureau of alcohol
2-41 and drug abuse in the
department of human resources.
2-42 [5.] 6.
If a person is charged with committing
a battery which
2-43 constitutes domestic
violence pursuant to NRS 33.018, a prosecuting
2-44 attorney shall not dismiss
such a charge in exchange for a plea of guilty,
2-45 guilty but mentally ill or
nolo contendere to a lesser charge or for any other
2-46 reason unless he knows, or
it is obvious, that the charge is not supported by
2-47 probable cause or cannot be
proved at the time of trial. A court shall not
2-48 grant probation to and,
except as otherwise provided in NRS 4.373 and
2-49 5.055, a court shall not
suspend the sentence of such a person.
3-1 [6.] 7.
For the purposes of this section:
3-2 (a) “Battery” has the meaning ascribed to it in paragraph (a) of
3-3 subsection 1 of NRS 200.481;
and
3-4 (b) “Offense” includes a battery which constitutes domestic
violence
3-5 pursuant to NRS 33.018 or a
violation of the law of any other jurisdiction
3-6 that prohibits the same or
similar conduct.
3-7 Sec. 2. This act becomes effective upon passage and approval.
3-8 H