exempt

                                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 330–Assemblyman Nolan

 

March 13, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning prisons. (BDR 16‑662)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

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

 

AN ACT relating to prisons; making various changes concerning criminal acts committed in a prison; providing a penalty; making an appropriation; 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 212.160 is hereby amended to read as follows:

1-2    212.160  1.  A prisoner or other person, who is not authorized by law,

1-3  [who knowingly furnishes, attempts] shall not knowingly:

1-4    (a) Furnish, attempt to furnish, or [aids or assists] aid or assist in

1-5  furnishing or attempting to furnish to a prisoner confined in an institution

1-6  of the department of prisons, or any other place where prisoners are

1-7  authorized to be or are assigned by the director of the department, any

1-8  deadly weapon, explosive, a facsimile of a firearm or an explosive, any

1-9  controlled substance or intoxicating liquor[,] ;

1-10    (b) Bring or send into or assist in bringing or sending into a prison

1-11  any deadly weapon, explosive, a facsimile of a firearm or an explosive,

1-12  any controlled substance or intoxicating liquor; or

1-13    (c) Possess in a prison any deadly weapon, explosive, a facsimile of a

1-14  firearm or an explosive, any controlled substance or intoxicating liquor.

1-15    2.  A person who violates the provisions of subsection 1 shall be

1-16  punished:

1-17    (a) Where a deadly weapon, controlled substance, explosive or a

1-18  facsimile of a firearm or explosive is involved, for a category B felony by

1-19  imprisonment in the state prison for a minimum term of not less than 1 year

1-20  and a maximum term of not more than 6 years, and may be further

1-21  punished by a fine of not more than $5,000.

1-22    (b) Where an intoxicant is involved, for a gross misdemeanor.

2-1    [2.] 3.  Knowingly leaving or causing to be left any deadly weapon,

2-2  explosive, facsimile of a firearm or explosive, controlled substance or

2-3  intoxicating liquor where it may be obtained by any prisoner constitutes,

2-4  within the meaning of this section, the furnishing of the article to the

2-5  prisoner.

2-6    [3.  A prisoner confined in an institution of the department of prisons,

2-7  or any other place where prisoners are authorized to be or are assigned by

2-8  the director of the department, who possesses a controlled substance

2-9  without lawful authorization is guilty of a category D felony and shall be

2-10  punished as provided in NRS 193.130.]

2-11    Sec. 2.  1.  There is hereby appropriated from the state general fund

2-12  to the department of prisons the sum of $150,000 for purchasing one

2-13  portable ion scanner for each institution and one ion scanner for use at the

2-14  entrance for visitors at each institution.

2-15    2.  Any remaining balance of the appropriation made by subsection 1

2-16  must not be committed for expenditure after June 30, 2002, and reverts to

2-17  the state general fund as soon as all payments of money committed have

2-18  been made.

2-19    Sec. 3.  The amendatory provisions of this act do not apply to offenses

2-20  committed before July 1, 2001.

2-21    Sec. 4.  This act becomes effective on July 1, 2001.

 

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