Nevada 2019 Regular Session Status: Enacted

AB 102 — Enhances the criminal penalty for certain crimes committed against certain family members of first responders. (BDR 15-48)

Last action — Chapter 257.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to crimes; enhancing the criminal penalty for certain crimes committed against certain family members of first responders; removing the crime of voluntary manslaughter from the crimes for which an enhanced criminal penalty may be imposed when committed against a first responder; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

124 added · 136 removed

124 line(s) added, 136 removed.

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(Reprinted with amendments adopted on April 18, 2019) FIRST REPRINT A.B.
Assembly Bill No.
102 A SSEMBLY B ILLN O.
102–Assemblyman Ellison CHAPTER..........
102–ASSEMBLYMAN E LLISON PREFILED JANUARY 28, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Enhances the criminal penalty for certain crimes committed against certain family members of first responders.
(BDR 15-48) 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.
Existing law provides that any person who willfully commits certain crimes because of the fact that the victim is a first responder, which is defined as any peace officer, firefighter or emergency medical provider acting in the normal course of crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
Existing law provides that any person who willfully commits certain crimes because of the fact that the victim is a first responder, which is defined as any peace duty, may, in addition to the term of imprisonment prescribed by statute for thef crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
Section 1 of this bill extends such an enhanced criminal penalty to the same crimes set forth in responder or the child of any age of a first responder.
Section 1 of section 1.3 that are knowingly and willfully committed against the spouse of a first responder or the child of any age of a first responder.
For the purposes of thefirst enhanced criminal penalty imposed pursuant to section 1, the term “first responder” is defined as any peace officer, firefighter or emergency medical provider.
For the purposes of the enhanced criminal penalty imposed pursuant to section 1, the term “first responder” is defined as any peace officer, firefighter or emergency medical provider.
- *AB102_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(c) The impact of the crime on any victim;
- 80th Session (2019) – 2 – (c) The impact of the crime on any victim;
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.
The court shall state on the record that it has considered the determining the length of any additional penalty imposed., in 2.
2.
This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is con4.ngAs used in this section, “first responder” means any peace officer, firefighter or emergency medical provider.
This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
4.
As used in this section, “first responder” means any peace officer, firefighter or emergency medical provider.
Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.030, [200.050,] 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, - *AB102_R1* – 3 – NRS 200.471 which is punishable as a felony, NRS 200.481 which is punishable as a felony, NRS 205.0832 which is punishable as a felony, NRS 205.220, 205.226, 205.228, 205.270 or 206.150 because of the fact that the victim is a first responder may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.030, [200.050,] 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, NRS 200.471 which is punishable as a felony, NRS 200.481 which felony, NRS 205.220, 205.226, 205.228, 205.270 or 206.150le as a because of the fact that the victim is a first responder may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.
2.
- 80th Session (2019) – 3 – 2.
3.
an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
- *AB102_R1* – 4 – 2.
imprisonment pursuant to subsection 3 of NRS 193.161, subsection of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.1677, 193.168, 453.3335, 453.3345 or 453.3351 or section 1 of this act even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
A person who is sentenced to an alternative term of imprisonment pursuant to subsection 3 of NRS 193.161, subsection 3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to 193.166, 193.167, 193.1675, 193.1677, 193.168, 453.3335,65, 453.3345 or 453.3351 or section 1 of this act even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
(b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
(b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of - 80th Session (2019) – 4 – more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
H - *AB102_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 257.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Assembly. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  6. From committee: Do pass. Placed on Second Reading File. Read second time.

  7. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  9. Read second time. Amended. (Amend. No. 517.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assemblyman John Ellison · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assemblyman John Ellison

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 102 do?
AN ACT relating to crimes; enhancing the criminal penalty for certain crimes committed against certain family members of first responders; removing the crime of voluntary manslaughter from the crimes for which an enhanced criminal penalty may be imposed when committed against a first responder; and providing other matters properly relating thereto.
Who sponsors AB 102?
AB 102 is sponsored by Assemblyman John Ellison.
What is the current status of AB 102?
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Where can I track AB 102?
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