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Assembly Bill No. 33–Assemblyman Horne

 

Prefiled January 30, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Provides additional penalty for manufacturing methamphetamines in certain circumstances. (BDR 40‑817)

 

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; providing for an additional penalty to be imposed upon a person who is convicted of manufacturing methamphetamines in certain circumstances; 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. Chapter 453 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Unless a greater penalty is provided by law, and except as

1-4  otherwise provided in NRS 193.169, any person who violates NRS

1-5  453.322, 453.3385 or 453.3395 where the violation included the

1-6  manufacture of any material, compound, mixture or preparation

1-7  which contains any quantity of methamphetamine:

1-8  (a) Within 500 feet of a residence, business, church,

1-9  synagogue or other place of religious worship, public or private

1-10  school, campus of the University and Community College System

1-11  of Nevada, playground, public park, public swimming pool or

1-12  recreational center for youths;

1-13      (b) In the presence of a person who is less than 18 years of

1-14  age; or

1-15      (c) In a manner which creates a great risk of death or

1-16  substantial bodily harm to another person,

2-1  shall 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” has the meaning ascribed to it in

2-10  NRS 453.3345.

2-11      (b) “Recreational center for youths” has the meaning ascribed

2-12  to it in NRS 453.3345.

2-13      (c) “Residence” means any house, room, apartment, tenement,

2-14  manufactured home as defined in NRS 489.113, or mobile home

2-15  as defined in NRS 489.120, that is designed or intended for

2-16  occupancy.

2-17      Sec. 2.  NRS 193.169 is hereby amended to read as follows:

2-18      193.169  1.  A person who is sentenced to an additional term

2-19  of imprisonment pursuant to the provisions of subsection 1 of NRS

2-20  193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675,

2-21  193.168 or 453.3345 or section 1 of this act must not be sentenced

2-22  to an additional term of imprisonment pursuant to any of the other

2-23  listed sections even if the person’s conduct satisfies the

2-24  requirements for imposing an additional term of imprisonment

2-25  pursuant to another one or more of those sections.

2-26      2.  A person who is sentenced to an alternative term of

2-27  imprisonment pursuant to subsection 2 of NRS 193.161 must not be

2-28  sentenced to an additional term of imprisonment pursuant to

2-29  subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,

2-30  193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act

2-31  even if the person’s conduct satisfies the requirements for imposing

2-32  an additional term of imprisonment pursuant to another one or more

2-33  of those sections.

2-34      3.  This section does not:

2-35      (a) Affect other penalties or limitations upon probation or

2-36  suspension of a sentence contained in the sections listed in

2-37  subsection 1 or 2.

2-38      (b) Prohibit alleging in the alternative in the indictment or

2-39  information that the person’s conduct satisfies the requirements of

2-40  more than one of the sections listed in subsection 1 or 2 and

2-41  introducing evidence to prove the alternative allegations.

 

2-42  H