Assembly Bill No. 53–Assemblymen Oceguera, Leslie, Koivisto, Parks, Giunchigliani, Buckley, Claborn, Conklin, Perkins and Pierce

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enhances criminal penalty for committing assault upon certain providers of health care. (BDR 15‑826)

 

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 enhanced penalty for committing an assault upon certain providers of health care; 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 200.471 is hereby amended to read as follows:

1-2  200.471  1.  As used in this section:

1-3  (a) “Assault” means intentionally placing another person in

1-4  reasonable apprehension of immediate bodily harm.

1-5  (b) “Officer” means:

1-6       (1) A person who possesses some or all of the powers of a

1-7  peace officer;

1-8       (2) A person employed in a full-time salaried occupation of

1-9  fire 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

1-12  city or county jail;

1-13          (5) A justice of the supreme court, district judge, justice of

1-14  the peace, municipal judge, magistrate, court commissioner, master

1-15  or referee, including a person acting pro tempore in a capacity listed

1-16  in this subparagraph; or

2-1       (6) An employee of the State or a political subdivision of the

2-2  State whose official duties require him to make home visits.

2-3  (c) “Provider of health care” means a physician, a physician

2-4  assistant, a practitioner of respiratory care, a homeopathic

2-5  physician, an advanced practitioner of homeopathy, a

2-6  homeopathic assistant, an osteopathic physician, an osteopathic

2-7  physician’s assistant, a podiatric physician, a podiatry hygienist, a

2-8  physical therapist, an optometrist, a chiropractor, a chiropractor’s

2-9  assistant, a doctor of Oriental medicine, a nurse, a student nurse,

2-10  a certified nursing assistant, a nursing assistant trainee, a dentist,

2-11  a dental hygienist, a pharmacist, an intern pharmacist, an

2-12  attendant on an ambulance or air ambulance, a psychologist, a

2-13  clinical social worker, a marriage and family therapist and an

2-14  emergency medical technician.

2-15      (d) “School employee” means a licensed or unlicensed person

2-16  employed by a board of trustees of a school district pursuant to

2-17  NRS 391.100.

2-18      [(d)] (e) “Taxicab” has the meaning ascribed to it in

2-19  NRS 706.8816.

2-20      [(e)] (f) “Taxicab driver” means a person who operates a

2-21  taxicab.

2-22      [(f)] (g) “Transit operator” means a person who operates a bus

2-23  or other vehicle as part of a public mass transportation system.

2-24      2.  A person convicted of an assault shall be punished:

2-25      (a) If paragraph (c) or (d) of this subsection does not apply to

2-26  the circumstances of the crime and the assault is not made with the

2-27  use of a deadly weapon, or the present ability to use a deadly

2-28  weapon, for a misdemeanor.

2-29      (b) If the assault is made with the use of a deadly weapon, or the

2-30  present ability to use a deadly weapon, for a category B felony by

2-31  imprisonment in the state prison for a minimum term of not less

2-32  than 1 year and a maximum term of not more than 6 years, or by a

2-33  fine of not more than $5,000, or by both fine and imprisonment.

2-34      (c) If paragraph (d) of this subsection does not apply to the

2-35  circumstances of the crime and if the assault is committed upon an

2-36  officer, a provider of health care, a school employee, a taxicab

2-37  driver or a transit operator who is performing his duty and the

2-38  person charged knew or should have known that the victim was an

2-39  officer, a provider of health care, a school employee, a taxicab

2-40  driver or a transit operator, for a gross misdemeanor, unless the

2-41  assault is made with the use of a deadly weapon, or the present

2-42  ability to use a deadly weapon, then for a category B felony by

2-43  imprisonment in the state prison for a minimum term of not less

2-44  than 1 year and a maximum term of not more than 6 years, or by a

2-45  fine of not more than $5,000, or by both fine and imprisonment.

3-1  (d) If the assault is committed upon an officer, a provider of

3-2  health care, a school employee, a taxicab driver or a transit operator

3-3  who is performing his duty, by a probationer, a prisoner who is in

3-4  lawful custody or confinement or a parolee, and the probationer,

3-5  prisoner or parolee charged knew or should have known that the

3-6  victim was an officer, a provider of health care, a school employee,

3-7  a taxicab driver or a transit operator, for a category D felony as

3-8  provided in NRS 193.130, unless the assault is made with the use of

3-9  a deadly weapon, or the present ability to use a deadly weapon, then

3-10  for a category B felony by imprisonment in the state prison for a

3-11  minimum term of not less than 1 year and a maximum term of not

3-12  more than 6 years, or by a fine of not more than $5,000, or by both

3-13  fine and imprisonment.

 

3-14  H