Assembly Bill No. 344–Assemblymen Parnell, Gibbons, Smith, de Braga, Bache, Brower, Buckley, Giunchigliani, Lee, Leslie, McClain and Neighbors

 

March 13, 2001

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Joint Sponsor: Senator Amodei

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Referred to Committee on Judiciary

 

SUMMARY—Revises definition of criminal assault. (BDR 15‑977)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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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 crimes; revising the definition of criminal assault; 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. NRS 200.471 is hereby amended to read as follows:

1-2    200.471  1.  As used in this section:

1-3    (a) “Assault” means [an unlawful attempt, coupled with a present

1-4  ability, to commit a violent injury on the person of another.] intentionally

1-5  placing another person in reasonable apprehension of immediate bodily

1-6  harm.

1-7    (b) “Officer” means:

1-8       (1) A person who possesses some or all of the powers of a peace

1-9  officer;

1-10      (2) A person employed in a full-time salaried occupation of fire

1-11  fighting for the benefit or safety of the public;

1-12      (3) A member of a volunteer fire department;

1-13      (4) A jailer, guard, matron or other correctional officer of a city or

1-14  county jail; or

1-15      (5) A justice of the supreme court, district judge, justice of the peace,

1-16  municipal judge, magistrate, court commissioner, master or referee,

1-17  including a person acting pro tempore in a capacity listed in this

1-18  subparagraph.

2-1    (c) “School employee” means a licensed or unlicensed person employed

2-2  by a board of trustees of a school district pursuant to NRS 391.100.

2-3    (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

2-4    (e) “Taxicab driver” means a person who operates a taxicab.

2-5    (f) “Transit operator” means a person who operates a bus or other

2-6  vehicle as part of a public mass transportation system.

2-7    2.  A person convicted of an assault shall be punished:

2-8    (a) If paragraph (c) of this subsection does not apply to the

2-9  circumstances of the crime and the assault is not made with use of a deadly

2-10  weapon, [or the present ability to use a deadly weapon,] for a

2-11  misdemeanor.

2-12    (b) If the assault is made with use of a deadly weapon, [or the present

2-13  ability to use a deadly weapon,] for a category B felony by imprisonment

2-14  in the state prison for a minimum term of not less than 1 year and a

2-15  maximum term of not more than 6 years, or by a fine of not more than

2-16  $5,000, or by both fine and imprisonment.

2-17    (c) If the assault is committed upon an officer, a school employee, a

2-18  taxicab driver or a transit operator who is performing his duty and the

2-19  person charged knew or should have known that the victim was an officer,

2-20  school employee, taxicab driver or transit operator, for a gross

2-21  misdemeanor, unless the assault is made with use of a deadly weapon, [or

2-22  the present ability to use a deadly weapon,] then for a category B felony by

2-23  imprisonment in the state prison for a minimum term of not less than 1 year

2-24  and a maximum term of not more than 6 years, or by a fine of not more

2-25  than $5,000, or by both fine and imprisonment.

2-26    Sec. 2.  The amendatory provisions of this act do not apply to offenses

2-27  committed before October 1, 2001.

 

2-28  H