Senate Bill No. 31–Senator Carlton
Prefiled January 22, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions pertaining to assault
and battery. (BDR 15‑284)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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
ability,
1-4 to commit a violent injury
on the person of another.
1-5 (b) “Officer” means:
1-6 (1) A person who possesses some or all of the powers of a peace
1-7 officer;
1-8 (2) A person employed in a full-time salaried occupation of fire
1-9 fighting for the benefit or
safety of the public;
1-10 (3) A member of a volunteer fire department;
1-11 (4) A jailer, guard, matron or other correctional officer of a
city or
1-12 county jail; [or]
1-13 (5) A justice of the supreme court, district judge, justice of
the peace,
1-14 municipal judge, magistrate,
court commissioner, master or referee,
1-15 including a person acting
pro tempore in a capacity listed in this
1-16 subparagraph [.] ; or
1-17 (6) An employee of the
state or a political subdivision of the state
1-18 whose official duties require him to make home visits.
1-19 (c) “School employee” means a licensed or unlicensed person
employed
1-20 by a board of trustees of a
school district pursuant to NRS 391.100.
2-1 (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
2-2 (e) “Taxicab driver” means a person who operates a taxicab.
2-3 (f) “Transit operator” means a person who operates a bus or other
2-4 vehicle as part of a public
mass transportation system.
2-5 2. A person convicted of an
assault shall be punished:
2-6 (a) If paragraph (c)
or (d) of this subsection does not apply to the
2-7 circumstances of the crime
and the assault is not made with the
use of a
2-8 deadly weapon, or the
present ability to use a deadly weapon, for a
2-9 misdemeanor.
2-10 (b) If the assault is made with the use of a deadly weapon, or the present
2-11 ability to use a deadly
weapon, for a category B felony by imprisonment in
2-12 the state prison for a
minimum term of not less than 1 year and a maximum
2-13 term of not more than 6
years, or by a fine of not more than $5,000, or by
2-14 both fine and imprisonment.
2-15 (c) If paragraph (d)
of this subsection does not apply to the
2-16 circumstances of the crime and if the assault is committed
upon an officer,
2-17 a school employee, a taxicab
driver or a transit operator who is performing
2-18 his duty and the person
charged knew or should have known that the victim
2-19 was an officer, school
employee, taxicab driver or transit operator, for a
2-20 gross misdemeanor, unless
the assault is made with the use
of a deadly
2-21 weapon, or the present
ability to use a deadly weapon, then for a category
2-22 B felony by imprisonment in
the state prison for a minimum term of not
2-23 less than 1 year and a
maximum term of not more than 6 years, or by a fine
2-24 of not more than $5,000, or
by both fine and imprisonment.
2-25 (d) If the assault is
committed upon an officer, a school employee, a
2-26 taxicab driver or a transit operator who is performing his duty by
a
2-27 probationer, a prisoner who is in lawful custody or confinement or
a
2-28 parolee and the probationer, prisoner or parolee charged knew or
should
2-29 have known that the victim was an officer, school employee, taxicab
2-30 driver or transit operator, for a category D felony as provided in
NRS
2-31 193.130, unless the assault is made with the use of a deadly
weapon, or
2-32 the present ability to use a deadly weapon, then for a category B
felony
2-33 by imprisonment in the state prison for a minimum term of not less
than
2-34 1 year and a maximum term of not more than 6 years, or by a fine of
not
2-35 more than $5,000, or by both fine and imprisonment.
2-36 Sec. 2. NRS 200.481 is hereby amended to read as follows:
2-37 200.481 1. As used in this section:
2-38 (a) “Battery” means any willful and unlawful use of force or
violence
2-39 upon the person of another.
2-40 (b) “Child” means a person less than 18 years of age.
2-41 (c) “Officer” means:
2-42 (1) A person who possesses some or all of the powers of a peace
2-43 officer;
2-44 (2) A person employed in a full-time salaried occupation of fire
2-45 fighting for the benefit or
safety of the public;
2-46 (3) A member of a volunteer fire department;
2-47 (4) A jailer, guard, matron or other correctional officer of a
city or
2-48 county jail or detention
facility; [or]
3-1 (5) A justice of the supreme court, district judge, justice of
the peace,
3-2 municipal judge, magistrate,
court commissioner, master or referee,
3-3 including, without
limitation, a person acting pro tempore in a capacity
3-4 listed in this subparagraph [.] ; or
3-5 (6) An employee of the
state or a political subdivision of the state
3-6 whose official duties require him to make home visits.
3-7 (d) “School employee” means a licensed or unlicensed person
employed
3-8 by a board of trustees of a
school district pursuant to NRS 391.100.
3-9 (e) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
3-10 (f) “Taxicab driver” means a person who operates a taxicab.
3-11 (g) “Transit operator” means a person who operates a bus or other
3-12 vehicle as part of a public
mass transportation system.
3-13 2. Except as otherwise
provided in NRS 200.485, a person convicted
3-14 of a battery, other than a
battery committed by an adult upon a child which
3-15 constitutes child abuse,
shall be punished:
3-16 (a) If the battery is not committed with a deadly weapon, and no
3-17 substantial bodily harm to
the victim results, except under circumstances
3-18 where a greater penalty is
provided in paragraph (d) or in NRS 197.090, for
3-19 a misdemeanor.
3-20 (b) If the battery is not committed with a deadly weapon, and
3-21 substantial bodily harm to
the victim results, for a category C felony as
3-22 provided in NRS 193.130.
3-23 (c) If the battery is committed upon an officer, school employee,
taxicab
3-24 driver or transit operator
and:
3-25 (1) The officer, school employee, taxicab driver or transit
operator
3-26 was performing his duty;
3-27 (2) The officer, school employee, taxicab driver or transit
operator
3-28 suffers substantial bodily
harm; and
3-29 (3) The person charged knew or should have known that the victim
3-30 was an officer, school
employee, taxicab driver or transit operator,
3-31 for a category B felony by
imprisonment in the state prison for a minimum
3-32 term of not less than 2
years and a maximum term of not more than 10
3-33 years, or by a fine of not
more than $10,000, or by both fine and
3-34 imprisonment.
3-35 (d) If the battery is committed upon an officer, school employee,
3-36 taxicab driver or transit
operator who is performing his duty and the person
3-37 charged knew or should have
known that the victim was an officer, school
3-38 employee, taxicab driver or
transit operator, for a gross misdemeanor,
3-39 except under circumstances
where a greater penalty is provided in this
3-40 section.
3-41 (e) If the battery is committed with the use of a deadly weapon,
and:
3-42 (1) No substantial bodily harm to the victim results, for a
category B
3-43 felony by imprisonment in
the state prison for a minimum term of not less
3-44 than 2 years and a maximum
term of not more than 10 years, and may be
3-45 further punished by a fine
of not more than $10,000.
3-46 (2) Substantial bodily harm to the victim results, for a category
B
3-47 felony by imprisonment in
the state prison for a minimum term of not less
4-1 than 2 years and a maximum
term of not more than 15 years, and may be
4-2 further punished by a fine
of not more than $10,000.
4-3 (f) If the battery is committed by a probationer, a prisoner who is in
4-4 lawful custody or confinement [,] or a parolee, without the
use of a deadly
4-5 weapon, whether or not
substantial bodily harm results, for a category B
4-6 felony by imprisonment in
the state prison for a minimum term of not less
4-7 than 1 year and a maximum
term of not more than 6 years.
4-8 (g) If the battery is committed by a probationer, a prisoner who is in
4-9 lawful custody or
confinement or a parolee, with
the use of a deadly
4-10 weapon, and:
4-11 (1) No substantial bodily harm to the victim results, for a
category B
4-12 felony by imprisonment in
the state prison for a minimum term of not less
4-13 than 2 years and a maximum
term of not more than 10 years.
4-14 (2) Substantial bodily harm to the victim results, for a category
B
4-15 felony by imprisonment in
the state prison for a minimum term of not less
4-16 than 2 years and a maximum
term of not more than 15 years.
4-17 Sec. 3. The amendatory provisions of this act do not apply to offenses
4-18 committed before October 1,
2001.
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