Nevada 2021 Regular Session Status: Enacted

SB 45 — Revises provisions relating to crimes. (BDR 18-421)

Last action — Chapter 150.

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

This bill has been enacted into law. Introduced November 18, 2020. 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.

Bill Text

What changed in the latest version

393 added · 464 removed

393 line(s) added, 464 removed.

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(Reprinted with amendments adopted on April 12, 2021) FIRST REPRINT S.B.
Senate Bill No.
45 S ENATE B ILLN O.
45–Committee on Government Affairs CHAPTER..........
45–COMMITTEE ON G OVERNMENT A FFAIRS (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to crimes.
(BDR 18-421) FISCAL NOTE:
EffecProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
changing the name and duties of the Ombudsman for Domestic Violence;
changing the name and duties of the Ombudsman for Victims of Domestic Violence;
Legislative Counsel’s Digest:
LegiExisting law creates the Office of Ombudsman for Victims of Domestic Violence within the Office of the Attorney General and prescribes the qualifications and duties of the Ombudsman.
Existing law creates the Office of Ombudsman for Victims of Domestic Violence within the Office of the Attorney General and prescribes the qualifications and duties of the Ombudsman.
(NRS 228.440, 228.450) This bill revises the name, qualifications and duties of the Ombudsman and the Office to expand the scope of the Ombudsman and the Office to include the crimes of sexual assault and human trafficking and amends corresponding references accordingly.
(NRS 228.440, 228.450) This bill revises the name, qualifications and duties of the Ombudsman and the Office to expand the scope of trafficking and amends corresponding references accordingly.
Section 1 of this bill:
assault and human Section 1 of this bill:
and (2) revises the existing qualifications of the Ombudsman to include the requirement to have knowledge regarding sexual assault and human trafficking.
and (2) revises the existing qualifications of the Ombudsman to include the requirement to Section 3 of this bill makes a conforming change to reflect the changed name.
(NRS 228.440) Section 3 of this bill makes a conforming change to reflect the changed name.
(1) revises the requirement imposed upon the sexual assault and human trafficking within the scope of the report;
(1) revises the requirement imposed upon the Ombudsman to prepare quarterly reports relating to domestic violence to include sexual assault and human trafficking within the scope of the report;
- *SB45_R1* – 2 – (NRS 228.470) Section 4 of this bill:
Committee, one of whom is a representative from the Office of the Courto the Administrator and one of whom is a representative appointed by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services;
(1) adds two additional members to the Committee, one of whom is a representative from the Office of the Court Administrator and one of whom is a representative appointed by the Administrator of the Division of Public and Behavioral Health of the Department of Health and programs for the treatment of persons who commit domestic violence and a to review corresponding subcommittee assigned to perform that review;
(2) eliminates the provision that requires the Committee to review programs for the treatment of persons who commit domestic violence and a corresponding subcommittee assigned to perform that review;
Existing law provides that if a person is convicted of a first offense of battery which constitutes domestic violence against a victim who was pregnant at the time of the battery, the person is guilty of a gross misdemeanor, punishable by of $2,000, or by both fine and imprisonment.
Existing law provides that if a person is convicted of a first offense of battery which constitutes domestic violence against a victim who was pregnant at the time imprisonment in the county jail for not more than 364 days, or by a maximum fine of $2,000, or by both fine and imprisonment.
(NRS 193.140, 200.485) Section 7 of this bill provides that for such an offense, a person must be imprisoned for not less than 30 days but not more than 6 months in the county jail, may be further punished by a fine of not less than $500, but not more than $1,000, and must participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense.
(NRS 193.140, 200.485) Section 7 of this bill provides that for such an offense, a person must be imprisoned for not less than 20 days in the county jail and may be further punished by a fine of not less than $500, but not more than $1,000.
Section 6 of this bill makes a conforming change to reflect the changes in section 7.
- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
3.
office for inefficiency, neglect of duty or malfeasance in office.
The Attorney General may remove the Ombudsman from office for inefficiency, neglect of duty or malfeasance in office.
(c) Provide education to the public concerning domestic violence, sexual assault and human trafficking, including, without limitation, the prevention of domestic violence, sexual assault and - *SB45_R1* – 3 – human trafficking, available assistance to victims of domestic violence , sexual assault and human trafficking, and available treatment for persons who commit domestic violence [.] , sexual assault and human trafficking.
(c) Provide education to the public concerning domestic violence, sexual assault and human trafficking, including, without limitation, the prevention of domestic violence, sexual assault and human trafficking, available assistance to victims of domestic violence , sexual assault and human trafficking, and available treatment for persons who commit domestic violence [.] , sexual assault and human trafficking.
Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, including, without limitation, pursuant to a subpoena, search warrant or discovery proceeding.
Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, or discovery proceeding.
Such information may be used for statistical purposes if the identity of the person is not discernible from the information disclosed.
Such information may be used forarch warrant statistical purposes if the identity of the person is not discernible from the information disclosed.
3.
- 81st Session (2021) – 3 – 3.
Any grant received by the Office of the Attorney General for assistance to victims of domestic violence , sexual assault and human trafficking may be used to compensate the Ombudsman for Victims of Domestic Violence [.] , Sexual Assault and Human Trafficking.
Any grant received by the Office of the Attorney General for assistance to victims of domestic violence , sexual assault and human trafficking may be used to compensate the Ombudsman for Victims of Domestic Violence [.] , Sexual Assault and Human TraSec.
Sec.
3.g.
3.
The [Attorney General shall appoint a] Committee on Domestic Violence is hereby created.
The [Attorney General shall appoint a] Committee is comprised of the Attorney General or a designee of the Attorney General and:
The Committee is comprised of the Attorney General or a designee of the Attorney General and:
- *SB45_R1* – 4 – (1) One staff member of a program for victims of domestic violence;
(1) One staff member of a program for victims of domestic violence;
(9) One representative from the Office of Court Administrator;
- 81st Session (2021) – 4 – (9) One representative from the Office of Court Administrator;
(b) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services, who is appointed by the Administrator of the Division and who has experience related to the certification of programs for the treatment of persons who commit domestic violence.
(b) One member who is a representative of the Division of Human Services, who is appointed by the Administrator of the Division and who has experience related to the certification of programs for the treatment of persons who commit domestic violence.
[(d)] (c) To the extent that money is available, provide financial support to programs for the prevention of domestic violence in this State;
[(d)] (c) To the extent that money is available, provide financial support to programs for the prevention of domestic violence in this Sta[(e)] (d) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services;
[(e)] (d) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services;
[and (f)] (e) Study issues that relate to domestic violence, including, without limitation, the intersections between domestic violence and sexual assault and domestic violence and human trafficking;
[and - *SB45_R1* – 5 – (f)] (e) Study issues that relate to domestic violence, including, without limitation, the intersections between domestic violence and sexual assault and domestic violence and human trafficking;
Show all 94 changed rows (54 more)
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(1) A summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence;
- 81st Session (2021) – 5 – (1) A summary of the work of the Committee and recommendations for any necessary legislation concerning domestic violence;
and (2) All comments and recommendations received by the Committee.
and (2) All comments and recommendations received by the Com3.tte[The Attorney General shall appoint a subcommittee of members of the Committee to carry out the duties prescribed in paragraph (b) of subsection 2.
3.
[The Attorney General shall appoint a subcommittee of members of the Committee to carry out the duties prescribed in paragraph (b) of subsection 2.
[10.] 9.
carry out its duties pursuant to NRS 228.470 to 228.497, inclusive.
The Committee may adopt regulations necessary to carry out its duties pursuant to NRS 228.470 to 228.497, inclusive.
Secs.
Sec.
5 and 6.
5.
6.
NRS 176.094 is hereby amended to read as follows:
176.094 In addition to any other fine or penalty, if the court finds that a person is guilty of committing an act which constitutes domestic violence pursuant to NRS 33.018, the court shall:
1.
Enter a finding of fact in the judgment of conviction.
- *SB45_R1* – 6 – 2.
Order the person to pay a fee of $35.
Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
3.
[Require] Except as otherwise provided in subsection 4 of NRS 200.485, require for the:
(a) First offense within 7 years of any act which constitutes domestic violence, the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258;
or (b) Second offense within 7 years of any act which constitutes domestic violence, the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
Sec.
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
A term of imprisonment imposed - 81st Session (2021) – 6 – discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
- *SB45_R1* – 7 – The person shall be further punished by a fine of not less than $500, but not more than $1,000.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or (c) For the third offense within 7 years, 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 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
(c) For the third offense within 7 years, 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 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
(b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481;
NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481;
or (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b), and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 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 be further punished by a fine of not less than $2,000, but not more than $5,000.
or (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b), and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 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 - 81st Session (2021) – 7 – $2,000, but not more than $5,000.hed by a fine of not less than 4.
4.
(a) For the first offense, is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not less than 30 days but not more than 6 months, and may be further punished by a fine of not less than $500, but not more than $1,000.
(a) For the first offense, is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.
In addition to any other penalty, the court shall require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her - *SB45_R1* – 8 – expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
5.
200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.
In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, other than a battery described in subsection 4, the court shall:
In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
participate in weekly counseling sessions of not less than 1 1/2 to hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
7.
- 81st Session (2021) – 8 – that occurred within 7 years immediately preceding the date of thee principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:
(a) When evidenced by a conviction;
- *SB45_R1* – 9 – (a) When evidenced by a conviction;
The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the preliminary examination or presented to the grand jury.be shown at the 8.
8.
If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.
If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted per10.
10.
Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person.
Except as otherwise provided in this subsection, a court shall not grant probation to or - 81st Session (2021) – 9 – to or suspend the sentence of such a person:rt may grant probation (a) As set forth in NRS 4.373 and 5.055;
A court may grant probation to or suspend the sentence of such a person:
(a) As set forth in NRS 4.373 and 5.055;
- *SB45_R1* – 10 – 11.
11.
A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm 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 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant possession, custody or control of a firearm 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 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
(b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) “Battery” has the meaning ascribed to it in paragraph (a) of sub(c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
(c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
2.
- 81st Session (2021) – 10 – 2.
Such contracts and other agreements may be enforced by the officer or agency to - *SB45_R1* – 11 – which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
H - *SB45_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Chapter 150.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. Assembly Amendment No. 599 concurred in. To enrollment.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 41, Nays: None, Not voting: 1.) To Senate.

  6. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. Read second time. Amended. (Amend. No. 599.) To printer.

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

  9. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 69.) To printer.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Senate Committee on Government Affairs · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on Government Affairs

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 civil-rights
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

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SB 45 is sponsored by Senate Committee on Government Affairs.
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This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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