Senate Bill No. 180–Committee on Judiciary

 

(On Behalf of District Attorneys Association)

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Prohibits suspension of sentence or granting of probation to persons convicted of certain sexual offenses involving victims who are minors. (BDR 14‑467)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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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; prohibiting the suspension of sentence or granting of probation to persons convicted of certain sexual offenses involving victims who are minors; 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 176A.100 is hereby amended to read as follows:

1-2    176A.100  1.  Except as otherwise provided in this section and NRS

1-3  176A.110 and 176A.120, if a person is found guilty in a district court upon

1-4  verdict or plea of:

1-5    (a) Murder of the first or second degree, kidnapping in the first degree,

1-6  sexual assault, attempted sexual assault of a child who is less than 16 years

1-7  of age, a violation of NRS 200.710, 200.720, subparagraph (1) of

1-8  paragraph (a) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450,

1-9  an offense for which the suspension of sentence or the granting of

1-10  probation is expressly forbidden, or if the person is found to be a habitual

1-11  criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant

1-12  to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court

1-13  shall not suspend the execution of the sentence imposed or grant probation

1-14  to the person.

1-15    (b) A category E felony, except as otherwise provided in this paragraph,

1-16  the court shall suspend the execution of the sentence imposed and grant

1-17  probation to the person. The court may, as it deems advisable, decide not to

1-18  suspend the execution of the sentence imposed and grant probation to the

1-19  person if, at the time the crime was committed, the person:

2-1       (1) Was serving a term of probation, whether in this state or

2-2  elsewhere, for a felony conviction;

2-3       (2) Had previously had his probation revoked, whether in this state or

2-4  elsewhere, for a felony conviction; or

2-5       (3) Had previously been two times convicted, whether in this state or

2-6  elsewhere, of a crime that under the laws of the situs of the crime or of this

2-7  state would amount to a felony.

2-8  If the person denies the existence of a previous conviction, the court shall

2-9  determine the issue of the previous conviction after hearing all relevant

2-10  evidence presented on the issue by the prosecution and the person. At such

2-11  a hearing, the person may not challenge the validity of a previous

2-12  conviction. For the purposes of this paragraph, a certified copy of a felony

2-13  conviction is prima facie evidence of conviction of a prior felony.

2-14    (c) Another felony, a gross misdemeanor or a misdemeanor, the court

2-15  may suspend the execution of the sentence imposed and grant probation as

2-16  the court deems advisable.

2-17    2.  In determining whether to grant probation to a person, the court

2-18  shall not consider whether the person has the financial ability to participate

2-19  in a program of probation secured by a surety bond established pursuant to

2-20  NRS 176A.300 to 176A.370, inclusive.

2-21    3.  The court shall consider the standards adopted pursuant to NRS

2-22  213.10988 and the recommendation of the chief parole and probation

2-23  officer, if any, in determining whether to grant probation to a person.

2-24    4.  If the court determines that a person is otherwise eligible for

2-25  probation but requires more supervision than would normally be provided

2-26  to a person granted probation, the court may, in lieu of sentencing him to a

2-27  term of imprisonment, grant him probation pursuant to the program of

2-28  intensive supervision established pursuant to NRS 176A.440.

2-29    5.  Except as otherwise provided in this subsection, if a person is

2-30  convicted of a felony and the division is required to make a presentence

2-31  investigation and report to the court pursuant to NRS 176.135, the court

2-32  shall not grant probation to the person until the court receives the report of

2-33  the presentence investigation from the chief parole and probation officer.

2-34  The chief parole and probation officer shall submit the report of the

2-35  presentence investigation to the court not later than 45 days after receiving

2-36  a request for a presentence investigation from the county clerk. If the report

2-37  of the presentence investigation is not submitted by the chief parole and

2-38  probation officer within 45 days, the court may grant probation without the

2-39  report.

2-40    6.  If the court determines that a person is otherwise eligible for

2-41  probation, the court shall, when determining the conditions of that

2-42  probation, consider the imposition of such conditions as would facilitate

2-43  timely payments by the person of his obligation, if any, for the support of a

2-44  child and the payment of any such obligation which is in arrears.

2-45    Sec. 2.  NRS 176A.110 is hereby amended to read as follows:

2-46    176A.110  1.  The court shall not grant probation to or suspend the

2-47  sentence of a person convicted of an offense listed in subsection 3 unless a

2-48  psychologist licensed to practice in this state or a psychiatrist licensed to

3-1  practice medicine in this state certifies that the person is not a menace to

3-2  the health, safety or morals of others.

3-3    2.  This section does not create a right in any person to be certified or

3-4  continue to be certified , and no person may bring a cause of action against

3-5  the state, its political subdivisions, agencies, boards, commissions,

3-6  departments, officers or employees for not certifying or refusing to

3-7  consider a person for certification pursuant to this section.

3-8    3.  The provisions of this section apply to a person convicted of any of

3-9  the following offenses:

3-10    (a) Attempted sexual assault of a person who is 16 years of age or older

3-11  pursuant to NRS 200.366.

3-12    (b) Statutory sexual seduction pursuant to NRS 200.368[.] or an

3-13  attempt to commit such an offense.

3-14    (c) Battery with intent to commit sexual assault pursuant to NRS

3-15  200.400[.] or an attempt to commit such an offense.

3-16    (d) Abuse or neglect of a child pursuant to NRS 200.508[.] or an

3-17  attempt to commit such an offense.

3-18    (e) An attempt to commit an offense involving pornography and a

3-19  minor pursuant to NRS 200.710 or 200.720.

3-20    (f) An offense involving pornography and a minor pursuant to NRS

3-21  [200.710 to 200.730, inclusive.

3-22    (f)] 200.725 or 200.730 or an attempt to commit such an offense.

3-23    (g) Incest pursuant to NRS 201.180[.

3-24    (g)] or an attempt to commit such an offense.

3-25    (h) Solicitation of a minor to engage in acts constituting the infamous

3-26  crime against nature pursuant to subparagraph (2) of paragraph (a) of

3-27  subsection 1 of NRS 201.195 or paragraph (b) of subsection 1 of NRS

3-28  201.195[.

3-29    (h)] or an attempt to commit such an offense.

3-30    (i) Attempted solicitation of a minor to engage in acts constituting the

3-31  infamous crime against nature pursuant to subparagraph (1) of

3-32  paragraph (a) of subsection 1 of NRS 201.195.

3-33    (j) Open or gross lewdness pursuant to NRS 201.210[.

3-34    (i)] or an attempt to commit such an offense.

3-35    (k) Indecent or obscene exposure pursuant to NRS 201.220[.

3-36    (j) Lewdness] or an attempt to commit such an offense.

3-37    (l) Attempted lewdness with a child pursuant to NRS 201.230.

3-38    [(k) Sexual]

3-39    (m) Attempted sexual penetration of a dead human body pursuant to

3-40  NRS 201.450.

3-41    [(l)] (n) A violation of NRS 207.180[.

3-42    (m) An] or an attempt to commit such an offense . [listed in paragraphs

3-43  (b) to (l), inclusive.

3-44    (n)] (o) Coercion or attempted coercion that is determined to be

3-45  sexually motivated pursuant to NRS 207.193.

3-46    Sec. 3.  The amendatory provisions of this act do not apply to offenses

3-47  committed before October 1, 2001.

 

3-48  H