Senate Bill No. 31–Senator Carlton
CHAPTER..........
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.
(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. 2. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) “Battery” means any willful and unlawful use of force or violence
upon the person of another.
(b) “Child” means a person less than 18 years of age.
(c) “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 detention facility; [or]
(5) A justice of the supreme court, district judge, justice of the peace,
municipal judge, magistrate, court commissioner, master or referee,
including, without limitation, 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.
(d) “School employee” means a licensed or unlicensed person employed
by a board of trustees of a school district pursuant to NRS 391.100.
(e) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(f) “Taxicab driver” means a person who operates a taxicab.
(g) “Transit operator” means a person who operates a bus or other
vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted
of a battery, other than a battery committed by an adult upon a child which
constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no
substantial bodily harm to the victim results, except under circumstances
where a greater penalty is provided in paragraph (d) or in NRS 197.090,
for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and
substantial bodily harm to the victim results, for a category C felony as
provided in NRS 193.130.
(c) If the battery is committed upon an officer, school employee, taxicab
driver or transit operator and:
(1) The officer, school employee, taxicab driver or transit operator
was performing his duty;
(2) The officer, school employee, taxicab driver or transit operator
suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim
was an officer, school employee, taxicab driver or transit operator,
for a category B felony by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 10
years, or by a fine of not more than $10,000, or by both fine and
imprisonment.
(d) If the battery is committed upon an officer, school employee,
taxicab driver or 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, except under circumstances where a greater penalty is
provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 10 years, and may be
further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results, for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 15 years, and may be
further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, a prisoner who is in
lawful custody or confinement[,] or a parolee, without the use of a deadly
weapon, whether or not substantial bodily harm results, 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.
(g) If the battery is committed by a probationer, a prisoner who is in
lawful custody or confinement or a parolee, with the use of a deadly
weapon, and:
(1) No substantial bodily harm to the victim results, for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results, for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 15 years.
Sec. 3. The amendatory provisions of this act do not apply to offenses
committed before October 1, 2001.
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