Amendment No. 226

 

Senate Amendment to Senate Bill No. 38                                                                             (BDR 15‑89)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 5, page 7, line 2, by deleting “15,” and inserting “14,”.

     Amend sec. 6, page 7, by deleting lines 4 through 16 and inserting:

     “Sec. 6.  “Act of terrorism” means any activity which involves a violent act or an act so dangerous to human life as to constitute a violation of the criminal laws of this state and which appears intended to:

     1.  Intimidate or coerce a civilian population;

     2.  Influence the policy of this state or a political subdivision of this state by intimidation or coercion; or

     3.  Affect the conduct of this state or a political subdivision of this state by mass destruction, assassination or kidnapping.”.

     Amend sec. 7, page 7, line 21, by deleting “harm;” and inserting:

harm to more than one person;”.

     Amend sec. 9, pages 7 and 8, by deleting lines 30 through 43 on page 7 and lines 1 through 5 on page 8, and inserting:

     “Sec. 9.  “Material support” means any financial, logistical, informational or other support or assistance intended to further an act of terrorism.”.

     Amend sec. 11, page 8, line 27, by deleting “harm;” and inserting:

harm to more than one person;”.

     Amend sec. 14, pages 8 and 9, by deleting lines 38 through 44 on page 8 and lines 1 through 26 on page 9, and inserting:

     “Sec. 14.  1.  A person shall not knowingly commit or cause an act of terrorism or attempt to commit or cause an act of terrorism.

     2.  A person shall not knowingly:

     (a) Aid, further or conceal or attempt to aid, further or conceal an act of terrorism;

     (b) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal an act of terrorism; or

     (c) Provide material support with the intent that such material support be used, in whole or in part, to:

          (1) Commit, cause, aid, further or conceal an act of terrorism; or

          (2) Aid a terrorist or conceal a terrorist from detection or capture.

     3.  A person who violates subsection 1 is guilty of a category A felony and:

     (a) Shall be punished by imprisonment:

          (1) For life without the possibility of parole;

          (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

          (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served; and

     (b) Shall further be punished by a fine of at least $50,000 but not more than $100,000.

     4.  A person who violates subsection 2 is guilty of a category A felony and:

     (a) Shall be punished by imprisonment:

          (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

          (2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served; and

     (b) Shall be further punished by a fine of at least $25,000 but not more than $50,000.

     5.  In addition to any other penalty, the court shall order a person who violates the provisions of this section to pay restitution:

     (a) To each victim for any injuries that are a result of the violation; and

     (b) To the State of Nevada or a local government for any costs that arise from the violation.

     6.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for a violation of any other statute based upon the same act or transaction.”.

     Amend the bill as a whole by deleting sec. 15 and renumbering sections 16 through 22 as sections 15 through 21.

     Amend sec. 16, page 9, line 40, by deleting “15,” and inserting “14,”.

     Amend sec. 17, page 10, line 8, by deleting “harm;” and inserting:

harm to more than one person;”.

     Amend sec. 18, page 10, by deleting lines 18 and 19 and inserting:

destruction, any biological agent, chemical agent or radioactive agent or any toxin.”.

     Amend sec. 19, page 10, line 26, by deleting “harm;” and inserting:

harm to more than one person;”.

     Amend sec. 20, page 10, by deleting lines 35 and 36 and inserting:

weapon of mass destruction, any biological agent, chemical agent or radioactive agent, any toxin or any delivery”.

     Amend sec. 20, page 10, by deleting lines 40 and 41 and inserting:

chemical agent or radioactive agent, any toxin or any delivery system:”.

     Amend sec. 20, page 11, by deleting lines 6 and 7 and inserting:

     “3. A person who violates any provision of subsection 1 is guilty of a category A felony and shall be punished [by] :”.

     Amend sec. 20, page 11, line 35, after “4.” by inserting:

A person who violates any provision of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall further be punished by a fine of not more than $10,000.

     5.”.

     Amend sec. 20, page 11, line 42, by deleting “5.” and inserting “6.”.

     Amend sec. 20, page 12, line 1, by deleting “6.” and inserting “7.”.

     Amend sec. 21, page 12, by deleting line 12 and inserting:

chemical agent or radioactive agent or any”.

     Amend sec. 21, page 12, by deleting line 31 and inserting:

agent or radioactive agent, any toxin or any”.

     Amend the bill as a whole by deleting sec. 23 and renumbering sections 24 through 26 as sections 22 through 24.

     Amend the title of the bill to read as follows:

AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents, toxins and delivery systems; providing penalties; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents, toxins and delivery systems. (BDR 15‑89)”.