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

 

Joint Sponsor: Senator Amodei

 

CHAPTER..........

 

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:

 

   Section 1. NRS 200.471 is hereby amended to read as follows:

   200.471  1.  As used in this section:

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

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

placing another person in reasonable apprehension of immediate bodily

harm.

   (b) “Officer” means:

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

officer;

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

fighting for the benefit or safety of the public;

     (3) A member of a volunteer fire department;

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

county jail; or

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

municipal judge, magistrate, court commissioner, master or referee,

including a person acting pro tempore in a capacity listed in this

subparagraph.

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

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

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

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

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

vehicle as part of a public mass transportation system.

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

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

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

weapon, or the present ability to use a deadly weapon, for a misdemeanor.

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

ability to use a deadly weapon, for a category B felony by imprisonment in

the state prison for a minimum term of not less than 1 year and a maximum

term of not more than 6 years, or by a fine of not more than $5,000, or by

both fine and imprisonment.

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

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

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

school employee, taxicab driver or transit operator, for a gross

misdemeanor, unless the assault is made with use of a deadly weapon, or

the present ability to use a deadly weapon, then for a category B felony by

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

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

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

    Sec. 2.  Section 1 of Senate Bill No. 31 of this session is hereby

amended to read as follows:

   Section 1.  NRS 200.471 is hereby amended to read as follows:

   200.471  1.  As used in this section:

   (a) “Assault” means intentionally placing another person in

reasonable apprehension of immediate bodily harm.

   (b) “Officer” means:

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

officer;

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

fighting for the benefit or safety of the public;

     (3) A member of a volunteer fire department;

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

or county jail; [or]

     (5) A justice of the supreme court, district judge, justice of the

peace, municipal judge, magistrate, court commissioner, master or

referee, including a person acting pro tempore in a capacity listed in

this subparagraph [.] ; or

     (6) An employee of the state or a political subdivision of the

state whose official duties require him to make home visits.

   (c) “School employee” means a licensed or unlicensed person

employed by a board of trustees of a school district pursuant to NRS

391.100.

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

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

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

vehicle as part of a public mass transportation system.

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

   (a) If paragraph (c) or (d) of this subsection does not apply to the

circumstances of the crime and the assault is not made with the use of

a deadly weapon, or the present ability to use a deadly weapon, for a

misdemeanor.

   (b) If the assault is made with the use of a deadly weapon, or the

present ability to use a deadly weapon, for a category B felony by

imprisonment in the state prison for a minimum term of not less than

1 year and a maximum term of not more than 6 years, or by a fine of

not more than $5,000, or by both fine and imprisonment.

   (c) If paragraph (d) of this subsection does not apply to the

circumstances of the crime and if the assault is committed upon an

officer, a school employee, a taxicab driver or a transit operator who

is performing his duty and the person charged knew or should have

known that the victim was an officer, school employee, taxicab driver

or transit operator, for a gross misdemeanor, unless the assault is

made with the use of a deadly weapon, or the present ability to use a

deadly weapon, then for a category B felony by imprisonment in the

state prison for a minimum term of not less than 1 year and a

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

$5,000, or by both fine and imprisonment.

   (d) If the assault is committed upon an officer, a school

employee, a taxicab driver or a transit operator who is performing

his duty by a probationer, a prisoner who is in lawful custody or

confinement or a parolee and the probationer, prisoner or parolee

charged knew or should have known that the victim was an officer,

school employee, taxicab driver or transit operator, for a category D

felony as provided in NRS 193.130, unless the assault is made with

the use of a deadly weapon, or the present ability to use a deadly

weapon, then for a category B felony by imprisonment in the state

prison for a minimum term of not less than 1 year and a maximum

term of not more than 6 years, or by a fine of not more than $5,000,

or by both fine and imprisonment.

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

committed before the effective date of this act.

   Sec. 4. This act becomes effective upon passage and approval.

 

²⁰~~~~~⁰¹