Assembly Bill No. 302–Committee on Judiciary

 

March 13, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Repeals duplicative provision concerning penalty for sale of imitation controlled substances. (BDR 40‑1284)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 controlled substances; repealing a duplicative provision concerning the penalty for the sale of imitation controlled substances; 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 453.3345 is hereby amended to read as

1-2  follows:

1-3  453.3345  1.  Unless a greater penalty is provided in NRS

1-4  453.333 or 453.334, and except as otherwise provided in NRS

1-5  193.169, any person who violates NRS 453.321[, 453.322 or

1-6  453.323:] or 453.322:

1-7  (a) On the grounds of a public or private school, a playground,

1-8  public park, public swimming pool, recreational center for youths or

1-9  a video arcade;

1-10      (b) On a campus of the University and Community College

1-11  System of Nevada;

1-12      (c) Within 1,000 feet of the perimeter of such a school ground or

1-13  campus, playground, park, pool, recreational center or arcade; or

1-14      (d) Within 1,000 feet of a school bus stop from 1 hour before

1-15  school begins until 1 hour after school ends during scheduled school

1-16  days,

2-1  must be punished by imprisonment in the state prison for a term

2-2  equal to and in addition to the term of imprisonment prescribed by

2-3  statute for the crime. The sentence prescribed by this section runs

2-4  consecutively with the sentence prescribed by statute for the crime.

2-5  2.  This section does not create a separate offense but provides

2-6  an additional penalty for the primary offense, whose imposition is

2-7  contingent upon the finding of the prescribed fact.

2-8  3.  For the purposes of this section:

2-9  (a) “Playground” means any outdoor facility, intended for

2-10  recreation, open to the public and in any portion thereof containing

2-11  one or more apparatus intended for the recreation of children, such

2-12  as a sliding board, teeterboard, sandbox or swingset.

2-13      (b) “Recreational center for youths” means a recreational facility

2-14  or gymnasium which regularly provides athletic, civic or cultural

2-15  activities for persons under 18 years of age.

2-16      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

2-17      (d) “Video arcade” means a facility legally accessible to persons

2-18  under 18 years of age, intended primarily for the use of pinball and

2-19  video machines for amusement and which contains a minimum of

2-20  10 such machines.

2-21      Sec. 2.  NRS 453.323 is hereby repealed.

2-22      Sec. 3.  This act becomes effective upon passage and approval.

 

2-23  TEXT OF REPEALED SECTION

 

2-24      453.323  Substitution of substance in unlawful transaction

2-25   prohibited; penalties; prohibition against probation or

2-26   suspension of sentence for certain repeat offenders.

2-27      1.  A person who offers, agrees or arranges unlawfully to sell,

2-28   supply, transport, deliver, give or administer any controlled

2-29   substance classified in schedule I or II and then sells, supplies,

2-30   transports, delivers, gives or administers any other substance in

2-31   place of the controlled substance is guilty of a category C felony

2-32   and shall be punished as provided in NRS 193.130.

2-33      2.  The court shall not grant probation to or suspend the

2-34   sentence of a person convicted of violating subsection 1 if he has

2-35   previously been convicted of any felony offense under the Uniform

2-36   Controlled Substances Act or of any offense under the laws of the

2-37   United States or any state, territory or district which, if committed

2-38   in this state, would amount to a felony under the Uniform

2-39   Controlled Substances Act.

3-1  3.  A person who offers, agrees or arranges unlawfully to sell,

3-2  supply, transport, deliver, give or administer any controlled

3-3   substance classified in schedule III, IV or V and then sells, supplies,

3-4   transports, delivers, gives or administers any other substance in

3-5   place of the controlled substance is guilty of a category D felony

3-6   and shall be punished as provided in NRS 193.130.

 

3-7  H