SB 166 — Revises provisions relating to crimes motivated by certain characteristics of the victim. (BDR 15-246)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT S.B.

166166–Senator SENATEScheible BCHAPTER.......... ILLN O.

166–SENATOR SCHEIBLE M ARCH 2, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to crimes motivated by certain characteristics of the victim.

(BDR 15-246) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiExisting Counsel’slaw Digest:provides that if a person commits certain crimes ordinarily punishable as misdemeanors because of certain characteristics of the victim including race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression, then the crime committed is punishable as a gross misdemeanor.

(NRS 207.185) Existing law also provides that if a person commits certain crimes ordinarily punishable as misdemeanorsfelonies because ofa certain characteristicscharacteristic of the victimvictim, including race, color, religion, national origin, physical or mental disability, sexual asorientation aor grossgender misdemeanor.identity or expression, is different from that characteristic of the perpetrator, then the crime is punishable by an additional penalty.

(NRS 207.185)193.1675) ExistingFor lawthese alsocrimes providespunishable thatas iffelonies, asection personble1 commitsof certainthis crimesdifferent punishablefrom asthe feloniescharacteristic becauseof athe certainvictim characteristicfor of the victim,additional includingpenalty race,to color,apply religion,and nationalinstead origin,provides physicalthat orthe mentalperpetrator disability,may sexualbe orientationpunished orby genderan identityadditional orpenalty expression,if isthe differentperpetrator fromcommitted thatthe characteristiccrime because of the perpetrator,characteristics thenof the crimevictim, thereby making the standard the same for these crimes as it is for certain crimes punishable byas anmisdemeanors additionalunder penalty.existing law.

(NRSSection 193.1675) For these crimes punishable as felonies, section 1 ofalso thisadds billto removes the requirementlist thatof thesuch perpetratorcrimes mustpunishable haveas afelonies characteristic that is instead provides that the perpetrator may be punished by an additional penalty if thend perpetrator committed the crime because of the characteristics of the victim, thereby making thethreats standardor theconveying samefalse forinformation theseconcerning crimesacts asof itterrorism, isweapons forof certainmass crimesdestruction punishableor aslethal misdemeanorsagents underor existingtoxins. law.

Section 1 also adds to the list of such crimes punishable as felonies the crime of making threats or conveying false information concerning acts of terrorism, weapons of mass destruction or lethal ageSection 2 of this bill adds to the list of crimes ordinarily punishable as misdemeanors that are punishable as gross misdemeanors if committed because of certain characteristics of the victim the crime of threatening to cause bodily harm or deathdeatSections to1 aand pupil2 oralso: employee of a school district or charter school.

Existing(1) lawprovide authorizesthat a person whocommits hasa sufferedcrime injurybecause asof the proximatecharacteristics result of the commissionvictim ofif certainthe crimesexistence byof aany perpetratorsuch whocharacteristic wasis motivated by certain characteristics of the injuredprimary personcause toin bringfact afor civilthe actioncommission toof recoverthe hiscrime; or her actual damages and punitive damages.

(NRSand 41.690)(2) Sectionrequire 3the ofprosecuting thisattorney billto addsprove -beyond *SB166_R1*a –reasonable 2doubt –that to the listperson ofwould suchnot crimeshave forcommitted whichthe suchcrime abut personfor maythe bringexistence of such a civilcharacteristic. action the crimes of:

(1)Sections making1 threatsand or2 conveyingadditionally falseprovide informationthat concerningany actsincidental comment about such a characteristic of threateningthe tovictim causethat bodilyis harmmade orby deaththe toperson awho pupilcommits the crime must not be the sole basis for imposing an additional or employeeenhanced penalty, respectively, against the person, but may be considered together with other evidence as to the motivation of athe schoolperson districtfor orcommitting charterthe school.crime.

result of the commission of certain crimes by a perpetrator who was motivated by certain characteristics of the injured person to bring a civil action to recover his or her actual damages and punitive damages.

(NRS 41.690) Section 3 of this bill adds to the list of such crimes for which such a person may bring such a civil action the crimes of:

(1) making threats or conveying false information concerning acts of terrorism, weapons of mass destruction or lethal agents or toxins;

and (2) threatening to cause bodily harm or death to a pupil or employee of a school district or charter school.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

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

Except as otherwise provided in NRS 193.169, any person who , bybecause reason of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.030, 200.050, 200.280, 200.310, 200.366, 200.380, 200.400, 200.460 to 200.465, inclusive, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.481 which is punishable as a felony, NRS 200.508, 200.5099, subsection 2 of NRS 200.575, NRS 202.448, 205.010 to 205.025, inclusive, 205.060, 205.067, 205.075, NRS 205.0832 which is punishable as a felony, NRS 205.220, 205.226, 205.228, 205.270, 206.150, NRS 206.330 which is punishable as a felony or NRS 207.190 [because the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of the victim was different from that characteristic of the perpetrator] 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.

For the purposes of this section, a person willfully violates any provision of law listed in subsection 1 because of the actual or perceived race, color, religion, national origin, physical or mental another person or group of persons if the existence of any such of protected characteristic is the primary cause in fact for the commission of the crime, regardless of whether one or more other - 81st Session (2021) – 3 – causes for the commission of the crime exist.

For an additional penalty to be imposed pursuant to this section, the prosecuting attorney must prove beyond a reasonable doubt that the person would not have committed the crime but for the existence of such a p3.tecIf a person willfully violates any provision of law listed in subsection 1, any comment made by the person about the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons that the court determines is incidental must not be the sole basis for imposing an additional penalty pursuant to this section, but may be considered in conjunction with other evidence as to the motivation of the person for committing the crime.

4.

-[3.] *SB166_R1*5. – 3 – 3.

207.185 Unless1. a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.471, 200.481, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, NRS 205.0832 which is punishable as a misdemeanor, NRS 205.240, 205.2715, 205.274, 205.2741, 206.010, 206.040, 206.125, 206.140, 206.200, 206.310, NRS 206.330 which is punishable as a misdemeanor, NRS 207.180, 207.200 [or] , 207.210 or 392.915 is guilty of a gross misdemeanor.

Sec.Unless a greater penalty is provided by law, a person who, [by reason] because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.471, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, NRS3.030, 205.0832 which is punishable as a misdemeanor, NRS 205.240, 205.2715, 205.274, 205.2741, 206.010, 206.040, 206.125, 206.140, 206.200, 206.310, NRS 206.330 which is punishable as a misdemeanor, NRS 207.180, 207.200 [or] , 207.210 or 392.915 is guilty of a gross misdemeanor.

2.

For the purposes of this section, a person willfully violates any provision of law listed in subsection 1 because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons if the existence of any such protected characteristic is the primary cause in fact for the commission of the crime, regardless of whether one or more other causes for the commission of the crime exist.

For an enhanced penalty to be imposed pursuant to this section, the prosecuting - 81st Session (2021) – 4 – attorney must prove beyond a reasonable doubt that the person would not have committed the crime but for the existence of such a protected characteristic.

NRSIf 41.690a person willfully violates any provision of law listed in subsection 1, any comment made by the person about the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons that the court determines is herebyincidental amendedmust not be the sole basis for imposing an enhanced penalty pursuant to readthis section, but may be considered in conjunction with other evidence as follows:to the motivation of the person forSec.

3.tinNRS 41.690 is hereby amended to read as follows:

H~~~~~ 21 - *SB166_R1*81st Session (2021)