Assembly Bill No. 443–Committee on Judiciary

 

March 19, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides additional penalty for selling or providing certain controlled substances in certain circumstances. (BDR 40‑1281)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to controlled substances; providing for an additional penalty for selling or providing certain controlled substances where the use of the controlled substance results in death or substantial bodily harm and the defendant failed to render or seek the necessary medical assistance; 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.  Except as otherwise provided in NRS 193.169, a defendant

1-4  who is found guilty of violating NRS 453.321 or 453.333 where:

1-5  (a) The use of the controlled substance by a person resulted in

1-6  death or substantial bodily harm to the person;

1-7  (b) The defendant was in the presence of the injured person

1-8  when he manifested an adverse physical reaction to the controlled

1-9  substance; and

1-10      (c) The defendant failed to render or seek necessary medical

1-11  assistance for the injured person in a timely manner,

1-12  shall be punished by imprisonment in the state prison for a term

1-13  equal to and in addition to the term of imprisonment prescribed by

2-1  statute for the crime. The sentence prescribed by this section runs

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

2-3  2.  This section does not create a separate offense but provides

2-4  an additional penalty for the primary offense, whose imposition is

2-5  contingent upon the finding of the prescribed fact.

2-6  Sec. 2.  NRS 193.169 is hereby amended to read as follows:

2-7  193.169  1.  A person who is sentenced to an additional term

2-8  of imprisonment pursuant to the provisions of subsection 1 of NRS

2-9  193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675,

2-10  193.168 or 453.3345 or section 1 of this act must not be sentenced

2-11  to an additional term of imprisonment pursuant to any of the other

2-12  listed sections even if the person’s conduct satisfies the

2-13  requirements for imposing an additional term of imprisonment

2-14  pursuant to another one or more of those sections.

2-15      2.  A person who is sentenced to an alternative term of

2-16  imprisonment pursuant to subsection 2 of NRS 193.161 must not be

2-17  sentenced to an additional term of imprisonment pursuant to

2-18  subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,

2-19  193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act

2-20  even if the person’s conduct satisfies the requirements for imposing

2-21  an additional term of imprisonment pursuant to another one or more

2-22  of those sections.

2-23      3.  This section does not:

2-24      (a) Affect other penalties or limitations upon probation or

2-25  suspension of a sentence contained in the sections listed in

2-26  subsection 1 or 2.

2-27      (b) Prohibit alleging in the alternative in the indictment or

2-28  information that the person’s conduct satisfies the requirements of

2-29  more than one of the sections listed in subsection 1 or 2 and

2-30  introducing evidence to prove the alternative allegations.

 

2-31  H