AB 152 — Revises provisions relating to cultural resources and certain grave sites. (BDR 33-868)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2019) FIRST REPRINT A.B.

152152–Assemblymen AMonroe-Moreno; SSEMBLY B ILLN O.

152–ASSEMBLYMENCohen, MFumo, ONROEPeters, -Mand ORENOSwank ;Joint Sponsors:

CSenators OHENCancela ,and UMOSpearman ,CHAPTER.......... ETERS ,AND S WANK FEBRUARY 15, 2019 ____________ JOINT SPONSORS :

ENATORS CANCELA AND SPEARMAN ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to cultural resources and certain grave sites.

(BDR 33-868) 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 makes it a gross misdemeanor for a person to willfully remove without obtaining any required permit, mutilate, deface, injure or gravedestroy the cairn a fine of $2,000 and a nativesecond Indian.or subsequent such offense is punishable by a fine of by not more than $4,500, and may be further punished by imprisonment in a county jail for not more than 364 days.

UnderSection existing1 law,of athis firstbill suchincreases offensethe ispenalties punishablefor bythese aoffenses fineby ofproviding $2,000that and a secondfirst or subsequent such offense is punishable by a finegross ofmisdemeanor, nota moresecond thansuch $4,500,offense andis maya becategory furtherE punishedfelony byand imprisonmenta inthird aor countysubsequent jailsuch foroffense notis morea thancategory 364C days.felony.

Section 1 ofalso thisrequires billa increasescourt, thein penaltiesaddition forto theseany offensesother bypenalty, providingto thatorder a firstperson who committed such an offense isto apay grossrestitution misdemeanor,for athe secondwith suchthe offensecairn isor agrave.ropriate categorydignity Eall felonyartifacts and ahuman thirdremains orassociated subsequentExisting suchlaw offensemakes isit penalty,a tocrime orderfor a person whoto committedknowingly suchand anwillfully offenseremove, tomutilate, paydeface, restitutionexcavate, forinjure theor costdestroy toa reinterhistoric withor appropriateprehistoric dignitysite allor artifactsresource andon humanstate remainsland associatedor withto thereceive, cairntraffic in or grave.sell cultural property appropriated from state land without a valid permit.

ExistingUnder lawexisting makeslaw, it a crimefirst forsuch aoffense personis to knowingly and willfully remove, mutilate, deface, excavate, injure or destroy a historic or prehistoric site or resource on state land or to receive, traffic in or sell cultural property appropriated from state misdemeanor punishable by a fine of $1,000 and a second or subsequent such - *AB152_R1* – 2 – offense is a gross misdemeanor punishable by imprisonment in the county jail for notimprisonment. more than 364 days or by a fine of not more than $3,500, or by both fine and impSection 1.5 of this bill increases the penalties for these offenses by providing that a first such offense is a gross misdemeanor, a second such offense is a category E felony and a third or subsequent such offense is a category C felony.

(NRS 383.435)y a fine of not more than $3,500, or by both fine and Section 1.5 of this bill increases the penalties for these offenses by providing that a first such offense is a gross misdemeanor, a second such offense is a category E felony and a third or subsequent such offense is a category C felony.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in NRS 383.170, a person who willfully removes without obtaining any required - 80th Session (2019) – 2 – permit, mutilates, defaces, injures or destroys the cairn or grave of a native Indian :

[is guilty of a gross misdemeanor and shall be:] :(a) [Punished by a fine of $2,000 for the] For a first offense, [or by a fine of not more than $4,500 for] is guilty of a gross misdemeanor.

(a) [Punished by a fine of $2,000 for the] For a first offense, [or by a fine of not more than $4,500 for] is guilty of a gross misdemeanor.

and (b) Ordered to pay for the costs] is guilty of a category E felony and(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

or (c) Sells any artifact or human remains taken from the cairn or grave of a native Indian, - *AB152_R1* – 3 –  is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, - 80th Session (2019) – 3 – excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:

(a) In accordance with an agreement with the Office entered into pur(b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to NRSthose 383.430;sections.

or (b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to those sections.

(Deleted by amendment.) - *AB152_R1* – 4 – Sec.

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