AB 423 — Revises provisions relating to certain attempt crimes. (BDR 15-1117)

(Reprinted with amendments adopted on April 19, 2019) FIRST REPRINT A.B.

authorizing a personcourt convicted of certain attempt crimes to petitionreduce the courtsentence forof modificationa ofperson hisconvicted orof hercertain sentenceattempt crimes under certain circumstances;

Existing law provides that an act done with the intent to commit a crime, and punishmenttending forbut attemptfailing crimesto variesaccomplish basedit, uponis thean categoryattempt ofto crimecommit thethat Thecrime. defendant was attempting to commit.

AnThe attemptpunishment tofor commit a category C felony is punishable as a category D felony or gross misdemeanor, an attempt tocrimes commitvaries abased categoryupon Dthe felony is punishable as a category Eof felonycrime orthe grossdefendant misdemeanor,was andattempting an attempt to commitcommit. a category E felony is punishable as a category E felony or gross misdemeanor.

(NRSAn 193.330)attempt The crimes of attempting to commit a category C felony is punishable as eithera feloniescategory D felony or gross misdemeanors,misdemeanor, inan theattempt discretionto ofcommit thea judge.an attempt to commit a category E felony is punishable as a category E felony or gross misdemeanor.

This(NRS bill193.330) providesThe thatcrimes if a person is convicted of the crime of attempting to commit a category C, D or E felony andare thecommonly courtreferred imposesto aas felony“wobblers” sentence,because uponsuch completioncrimes ofare hispunishable oras hereither sentence,felonies theor persongross maymisdemeanors, petitionin the courtdiscretion toof have the originaljudge. sentence modified from a felony to a gross misdemeanor.

THEThis PEOPLEbill OFprovides THEthat STATEif OFa NEVADA,person REPRESENTEDis INconvicted SENATEof ANDthe ASSEMBLY,crime DOof ENACTattempting ASto FOLLOWS:commit a category C, D or E felony and the court imposes a felony sentence and jurisdiction of the case for the purpose of reducing the original sentence from an felony to a gross misdemeanor upon successful completion of probation and compliance with the terms and conditions established for the sentence to be reduced.

- *AB423_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

An act done with the intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that - *AB423* – 2 – crime.

(6) Attempt to commit a category E felony, for a category E felony as provided in NRS 193.130, or for a gross misdemeanor byEby imprisonment in the county jail for not more than 364 days, or by a fin(b)fine Ifof thenot personmore isthan convicted$2,000, ofor attemptby toboth commitfine aonment.and imprisonment.

(b) If the person is convicted of attempt to commit a misdemeanor, a gross misdemeanor or a felony for which a category is not designated by statute, by imprisonment for not more than one- half the longest term authorized by statute, or by a fine of not more than one-half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both fine and imprisonment.

A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was - *AB423_R1* – 3 – consummated, unless the court in its discretion discharges the jury and directs the defendant to be tried for the crime itself.

IfExcept as otherwise provided in subsection 4, if a person who attempts to commit a category C, D or E felony is punished for a category D or E felony,felony theand personplaced may,on uponprobation, completion of his or her sentence, petition the court ofmay originalretain jurisdiction toof requestthe tocase havefor the originalpurpose sentenceof -reducing *AB423*the –sentence 3of –the modifiedperson from a felony to a gross misdemeanor.

AtIf the timecourt ofretains filingjurisdiction suchfor a petition, the personpurpose shall give notice of reducing the petitionsentence toof thea prosecutingperson attorneypursuant whoto hadthis jurisdictionsubsection, in the originalcourt proceedings.must:

Within(a) 30At days after receiving notice of the filingtime of thesentencing petition, the prosecutingperson, attorneyspecifically shallstate, fileon a response to the petition.record:

In(1) theThe responseintention to theretain petition,jurisdiction for the prosecutingpurpose attorneyof mayreducing recommend that the petitionsentence beof grantedthe orperson deniedpursuant or may decline to offerthis asubsection; recommendation.

If(2) theThe prosecutingterms attorneyand recommendsconditions that the petitionperson bemust grantedcomply orwith declinesfor to offer a recommendation, the courtsentence mayto decidebe thereduced; petition without a hearing.

Ifand (3) That it is the prosecutingresponsibility attorneyof recommendsthe person to ensure that the petitioncase beis denied,calendared thenby the court shallfor schedule a hearingreduction onof sentence pursuant to this subsection upon successful completion of probation and compliance with the petition.terms and conditions established for the sentence to be reduced;

Atand the(b) hearing,Ensure that the courtjudgment mayof considerconviction anycontains: evidence deemed appropriate by the court.

After(1) consideringA thestatement petition,that any recommendation from the prosecutingcourt attorneyis and,retaining ifjurisdiction afor hearingthe ispurpose held,of reducing the evidencesentence presentedof at the hearing,person thepursuant courtto may:this subsection;

(a)and Grant(2) theThe petitionterms and modifyconditions the originalperson sentencemust fromcomply awith felonyfor tothe asentence grossto misdemeanor;be reduced.

or4. (b) Deny the petition.

AnThe ordercourt denyingmay not retain jurisdiction of a petitioncase isfor notthe subjectpurpose of reducing the sentence of a person pursuant to Sec.subsection 3 if:

(a) The person has entered a plea of guilty pursuant to a plea agreement, and the plea agreement specifically states that the offense is to be treated as a felony;

or (b) The person has previously had a sentence reduced pursuant to subsection 3.

Sec.

H - *AB423**AB423_R1*