(Reprinted with amendments adopted on April 22, 2003)

 

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 or battery upon certain providers of health care. (BDR 15‑826)

 

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 crimes; providing for an enhanced penalty for committing an assault or battery 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

2-1  or referee, including a person acting pro tempore in a capacity listed

2-2  in this subparagraph; or

2-3       (6) An employee of the State or a political subdivision of the

2-4  State whose official duties require him to make home visits.

2-5  (c) “Provider of health care” means a physician, a physician

2-6  assistant, a practitioner of respiratory care, a homeopathic

2-7  physician, an advanced practitioner of homeopathy, a

2-8  homeopathic assistant, an osteopathic physician, an osteopathic

2-9  physician’s assistant, a podiatric physician, a podiatry hygienist, a

2-10  physical therapist, a medical laboratory technician, an optometrist,

2-11  a chiropractor, a chiropractor’s assistant, a doctor of Oriental

2-12  medicine, a nurse, a student nurse, a certified nursing assistant, a

2-13  nursing assistant trainee, a dentist, a dental hygienist, a

2-14  pharmacist, an intern pharmacist, an attendant on an ambulance

2-15  or air ambulance, a psychologist, a social worker, a marriage and

2-16  family therapist and an emergency medical technician.

2-17      (d) “School employee” means a licensed or unlicensed person

2-18  employed by a board of trustees of a school district pursuant to

2-19  NRS 391.100.

2-20      [(d)] (e) “Taxicab” has the meaning ascribed to it in

2-21  NRS 706.8816.

2-22      [(e)] (f) “Taxicab driver” means a person who operates a

2-23  taxicab.

2-24      [(f)] (g) “Transit operator” means a person who operates a bus

2-25  or other vehicle as part of a public mass transportation system.

2-26      2.  A person convicted of an assault shall be punished:

2-27      (a) If paragraph (c) or (d) of this subsection does not apply to

2-28  the circumstances of the crime and the assault is not made with the

2-29  use of a deadly weapon, or the present ability to use a deadly

2-30  weapon, for a misdemeanor.

2-31      (b) If the assault is made with the use of a deadly weapon, or the

2-32  present ability to use a deadly weapon, for a category B felony by

2-33  imprisonment in the state prison for a minimum term of not less

2-34  than 1 year and a maximum term of not more than 6 years, or by a

2-35  fine of not more than $5,000, or by both fine and imprisonment.

2-36      (c) If paragraph (d) of this subsection does not apply to the

2-37  circumstances of the crime and if the assault is committed upon an

2-38  officer, a provider of health care, a school employee, a taxicab

2-39  driver or a transit operator who is performing his duty and the

2-40  person charged knew or should have known that the victim was an

2-41  officer, a provider of health care, a school employee, a taxicab

2-42  driver or a transit operator, for a gross misdemeanor, unless the

2-43  assault is made with the use of a deadly weapon, or the present

2-44  ability to use a deadly weapon, then for a category B felony by

2-45  imprisonment in the state prison for a minimum term of not less

3-1  than 1 year and a maximum term of not more than 6 years, or by a

3-2  fine of not more than $5,000, or by both fine and imprisonment.

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

3-4  health care, a school employee, a taxicab driver or a transit operator

3-5  who is performing his duty, by a probationer, a prisoner who is in

3-6  lawful custody or confinement or a parolee, and the probationer,

3-7  prisoner or parolee charged knew or should have known that the

3-8  victim was an officer, a provider of health care, a school employee,

3-9  a taxicab driver or a transit operator, for a category D felony as

3-10  provided in NRS 193.130, unless the assault is made with the use of

3-11  a deadly weapon, or the present ability to use a deadly weapon, then

3-12  for a category B felony by imprisonment in the state prison for a

3-13  minimum term of not less than 1 year and a maximum term of not

3-14  more than 6 years, or by a fine of not more than $5,000, or by both

3-15  fine and imprisonment.

3-16      Sec. 2. NRS 200.481 is hereby amended to read as follows:

3-17      200.481  1.  As used in this section:

3-18      (a) “Battery” means any willful and unlawful use of force or

3-19  violence upon the person of another.

3-20      (b) “Child” means a person less than 18 years of age.

3-21      (c) “Officer” means:

3-22          (1) A person who possesses some or all of the powers of a

3-23  peace officer;

3-24          (2) A person employed in a full-time salaried occupation of

3-25  fire fighting for the benefit or safety of the public;

3-26          (3) A member of a volunteer fire department;

3-27          (4) A jailer, guard, matron or other correctional officer of a

3-28  city or county jail or detention facility;

3-29          (5) A justice of the Supreme Court, district judge, justice of

3-30  the peace, municipal judge, magistrate, court commissioner, master

3-31  or referee, including, without limitation, a person acting pro tempore

3-32  in a capacity listed in this subparagraph; or

3-33          (6) An employee of the State or a political subdivision of the

3-34  State whose official duties require him to make home visits.

3-35      (d) “Provider of health care” has the meaning ascribed to it in

3-36  NRS 200.471.

3-37      (e) “School employee” means a licensed or unlicensed person

3-38  employed by a board of trustees of a school district pursuant to

3-39  NRS 391.100.

3-40      [(e)] (f) “Taxicab” has the meaning ascribed to it in

3-41  NRS 706.8816.

3-42      [(f)] (g) “Taxicab driver” means a person who operates a

3-43  taxicab.

3-44      [(g)] (h) “Transit operator” means a person who operates a bus

3-45  or other vehicle as part of a public mass transportation system.

4-1  2.  Except as otherwise provided in NRS 200.485, a person

4-2  convicted of a battery, other thana battery committed by an adult

4-3  upon a child which constitutes child abuse, shall be punished:

4-4  (a) If the battery is not committed with a deadly weapon, and no

4-5  substantial bodily harm to the victim results, except under

4-6  circumstances where a greater penalty is provided in paragraph (d)

4-7  or in NRS 197.090, for a misdemeanor.

4-8  (b) If the battery is not committed with a deadly weapon, and

4-9  substantial bodily harm to the victim results, for a category C felony

4-10  as provided in NRS 193.130.

4-11      (c) If the battery is committed upon an officer, provider of

4-12  health care, school employee, taxicab driver or transit operator and:

4-13          (1) The officer, provider of health care, school employee,

4-14  taxicab driver or transit operator was performing his duty;

4-15          (2) The officer, provider of health care, school employee,

4-16  taxicab driver or transit operator suffers substantial bodily harm; and

4-17          (3) The person charged knew or should have known that the

4-18  victim was an officer, provider of health care, school employee,

4-19  taxicab driver or transit operator,

4-20  for a category B felony by imprisonment in the state prison for a

4-21  minimum term of not less than 2 years and a maximum term of not

4-22  more than 10 years, or by a fine of not more than $10,000, or by

4-23  both fine and imprisonment.

4-24      (d) If the battery is committed upon an officer, provider of

4-25  health care, school employee, taxicab driver or transit operator who

4-26  is performing his duty and the person charged knew or should have

4-27  known that the victim was an officer, provider of health care,

4-28  school employee, taxicab driver or transit operator, for a gross

4-29  misdemeanor, except under circumstances where a greater penalty is

4-30  provided in this section.

4-31      (e) If the battery is committed with the use of a deadly weapon,

4-32  and:

4-33          (1) No substantial bodily harm to the victim results, for a

4-34  category B felony by imprisonment in the state prison for a

4-35  minimum term of not less than 2 years and a maximum term of not

4-36  more than 10 years,and may be further punished by a fine of not

4-37  more than $10,000.

4-38          (2) Substantial bodily harm to the victim results, for a

4-39  category B felony by imprisonment in the state prison for a

4-40  minimum term of not less than 2 years and a maximum term of not

4-41  more than 15 years, and may be further punished by a fine of not

4-42  more than $10,000.

4-43      (f) If the battery is committed by a probationer, a prisoner who

4-44  is in lawful custody or confinement or a parolee, without the use of

4-45  a deadly weapon, whether or not substantial bodily harm results, for

5-1  a category B felony by imprisonment in the state prison for a

5-2  minimum term of not less than 1 year and a maximum term of not

5-3  more than 6 years.

5-4  (g) If the battery is committed by a probationer, a prisoner who

5-5  is in lawful custody or confinement or a parolee, with the use of a

5-6  deadly weapon, and:

5-7       (1) No substantial bodily harm to the victim results, for a

5-8  category B felony by imprisonment in the state prison for a

5-9  minimum term of not less than 2 years and a maximum term of not

5-10  more than 10 years.

5-11          (2) Substantial bodily harm to the victim results, for a

5-12  category B felony by imprisonment in the state prison for a

5-13  minimum term of not less than 2 years and a maximum term of not

5-14  more than 15 years.

 

5-15  H