(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

~

 

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 misdemeanor.

2-11    (b) If the assault is made with use of a deadly weapon, or the present

2-12  ability to use a deadly weapon, for a category B felony by imprisonment in

2-13  the state prison for a minimum term of not less than 1 year and a maximum

2-14  term of not more than 6 years, or by a fine of not more than $5,000, or by

2-15  both fine and imprisonment.

2-16    (c) If the assault is committed upon an officer, a school employee, a

2-17  taxicab driver or a transit operator who is performing his duty and the

2-18  person charged knew or should have known that the victim was an officer,

2-19  school employee, taxicab driver or transit operator, for a gross

2-20  misdemeanor, unless the assault is made with use of a deadly weapon, or

2-21  the present ability to use a deadly weapon, then for a category B felony by

2-22  imprisonment in the state prison for a minimum term of not less than 1 year

2-23  and a maximum term of not more than 6 years, or by a fine of not more

2-24  than $5,000, or by both fine and imprisonment.

2-25      Sec. 2.  Section 1 of Senate Bill No. 31 of this session is hereby

2-26  amended to read as follows:

2-27     Section 1.  NRS 200.471 is hereby amended to read as follows:

2-28     200.471  1.  As used in this section:

2-29    (a) “Assault” means intentionally placing another person in

2-30  reasonable apprehension of immediate bodily harm.

2-31    (b) “Officer” means:

2-32      (1) A person who possesses some or all of the powers of a peace

2-33  officer;

2-34      (2) A person employed in a full-time salaried occupation of fire

2-35  fighting for the benefit or safety of the public;

2-36      (3) A member of a volunteer fire department;

2-37      (4) A jailer, guard, matron or other correctional officer of a city

2-38  or county jail; [or]

2-39      (5) A justice of the supreme court, district judge, justice of the

2-40  peace, municipal judge, magistrate, court commissioner, master or

2-41  referee, including a person acting pro tempore in a capacity listed in

2-42  this subparagraph [.] ; or

2-43      (6) An employee of the state or a political subdivision of the

2-44  state whose official duties require him to make home visits.

2-45    (c) “School employee” means a licensed or unlicensed person

2-46  employed by a board of trustees of a school district pursuant to NRS

2-47  391.100.

2-48    (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

2-49    (e) “Taxicab driver” means a person who operates a taxicab.

3-1    (f) “Transit operator” means a person who operates a bus or other

3-2  vehicle as part of a public mass transportation system.

3-3    2.  A person convicted of an assault shall be punished:

3-4    (a) If paragraph (c) or (d) of this subsection does not apply to the

3-5  circumstances of the crime and the assault is not made with the use of

3-6  a deadly weapon, or the present ability to use a deadly weapon, for a

3-7  misdemeanor.

3-8    (b) If the assault is made with the use of a deadly weapon, or the

3-9  present ability to use a deadly weapon, for a category B felony by

3-10  imprisonment in the state prison for a minimum term of not less than

3-11  1 year and a maximum term of not more than 6 years, or by a fine of

3-12  not more than $5,000, or by both fine and imprisonment.

3-13    (c) If paragraph (d) of this subsection does not apply to the

3-14  circumstances of the crime and if the assault is committed upon an

3-15  officer, a school employee, a taxicab driver or a transit operator who

3-16  is performing his duty and the person charged knew or should have

3-17  known that the victim was an officer, school employee, taxicab driver

3-18  or transit operator, for a gross misdemeanor, unless the assault is

3-19  made with the use of a deadly weapon, or the present ability to use a

3-20  deadly weapon, then for a category B felony by imprisonment in the

3-21  state prison for a minimum term of not less than 1 year and a

3-22  maximum term of not more than 6 years, or by a fine of not more than

3-23  $5,000, or by both fine and imprisonment.

3-24    (d) If the assault is committed upon an officer, a school

3-25  employee, a taxicab driver or a transit operator who is performing

3-26  his duty by a probationer, a prisoner who is in lawful custody or

3-27  confinement or a parolee and the probationer, prisoner or parolee

3-28  charged knew or should have known that the victim was an officer,

3-29  school employee, taxicab driver or transit operator, for a category D

3-30  felony as provided in NRS 193.130, unless the assault is made with

3-31  the use of a deadly weapon, or the present ability to use a deadly

3-32  weapon, then for a category B felony by imprisonment in the state

3-33  prison for a minimum term of not less than 1 year and a maximum

3-34  term of not more than 6 years, or by a fine of not more than $5,000,

3-35  or by both fine and imprisonment.

3-36    Sec. 3. The amendatory provisions of this act do not apply to offenses

3-37  committed before the effective date of this act.

3-38    Sec. 4. This act becomes effective upon passage and approval.

 

3-39  H