2001 REGULAR SESSION (71st)                                                                                A AB54 68

Amendment No. 68

 

Assembly Amendment to Assembly Bill No. 54                                                                  (BDR 14‑296)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting section 1, renumbering sections 2 through 9 as sections 4 through 11 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

     “Section 1.  Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of kidnapping, attempted murder or felony aggravated stalking, or a person authorized to act on behalf of such a victim, files with a law enforcement officer a written report concerning the offense, the period of limitation prescribed in NRS 171.085 and 171.095 is extended for 12 years.

     2.  If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

     3.  As used in this section:

     (a) “Felony aggravated stalking” means the crime of aggravated stalking for which the penalty prescribed is a felony.

     (b) “Law enforcement officer” has the meaning ascribed to it in NRS 171.083.

     Sec. 2.  NRS 171.085 is hereby amended to read as follows:

     171.085  Except as otherwise provided in NRS 171.083 and 171.095, and section 1 of this act, an indictment for:

     1.  Theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 4 years after the commission of the offense.

     2.  Any felony other than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.

     Sec. 3. NRS 171.095 is hereby amended to read as follows:

     171.095  1.  Except as otherwise provided in subsection 2 and NRS 171.083 [:] and section 1 of this act:

     (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or the provisions of NRS 202.885.

     (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:

          (1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or

          (2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.

     2.  If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.”.

     Amend sec. 2, page 3, by deleting lines 2 and 3 and inserting:

biological specimen from a defendant pursuant to [this subsection] :

     (a) Subsection 3 is a charge against the county in this state in which the defendant was convicted ; or

     (b) Subsection 4 is a charge against the county of residence of the defendant,

FLUSH

 

FLUSH

 

FLUSH

 
and”.

     Amend sec. 2, page 3, line 21, by deleting: “ [.] ; or” and inserting ; [.]”.

     Amend sec. 2, page 3, by deleting line 22 and inserting:

     “(l) Kidnapping pursuant to NRS 200.310 to 200.340, inclusive; or

     (m) An attempt or conspiracy to commit an offense listed in this subsection.”.

     Amend sec. 5, page 7, line 21, by deleting “blood” and inserting “[blood] genetic”.

     Amend sec. 5, page 7, line 23, by deleting “blood” and inserting “[blood] genetic”.

     Amend sec. 7, page 7, line 28, by deleting “section 1” and inserting:

“sections 1, 2 and 3”.

     Amend sec. 8, page 7, line 33, by deleting:

“2 to 5,” and inserting:

“4 to 7,”.