Nevada 2023 Regular Session Status: In Committee 1 D cosponsors

AB 117 — Makes various changes relating to domestic terrorism. (BDR 43-568)

Last action — (No further action taken.)

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

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

392 added · 143 removed

392 line(s) added, 143 removed.

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A.B.
(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
requiring the Investigation Division of the Department of Public Safety to investigate domestic terror activity;
authorizing counties to cooperate with intelligence centers;
requiring the Chief of the Investigation Division of the Department of Public Safety to assist in the investigation of domestic terror activity upon the request of a law enforcement agency;
authorizing the Chief of the Investigation Division to enter into agreements with intelligence centers;
revising the definition of “act of terrorism” and the definitions of related terms;
revising provisions relating to criminal anarchy and criminal syndicalism;
Existing law establishes the primary functions and responsibilities of the 6 of this bill adds to the functions and responsibilities of the Investigation Division the duty to investigate domestic terror activity.
Existing law establishes the primary responsibilities of the Chief of the Investigation Division of the Department of Public Safety.
Section 2 of this bill defines domestic terror activity to mean any of the following offenses:
(NRS 480.460) Section 6 of this bill adds to the responsibilities of the Chief of the Investigation Division the duty to assist in the investigation of domestic terror activity upon the request of mean any of the following offenses:
(1) acts of terrorism and certain related acts;
(1) acts of terrorism and certain related acts;o (2) armed association;
(2) armed association;
and (7) the commission of an unlawful act because of the actual bill establishes the Anti-Domestic Terrorism Assistance Account within the State this General Fund, to be administered by the Chief of the Investigation Division.
and (7) the commission of an unlawful act because of the actual or perceived characteristics of another person or group of persons.
Section 4 requires that the money in the Account be used to support state or local programs aimed at countering domestic terror activity.
Section 4 of this bill establishes the Anti- administered by the Chief of the Division of Emergency Management of the Office - *AB117_R1* – 2 – of the Military and requires the Chief to submit a proposal for an expenditure from the Account to the Nevada Commission on Homeland Security, which is required to follow the same procedure for recommending the distribution of money from the Account as it does for recommending the distribution of money from any federal homeland security grant or related program.
Section 8 of this bill makes an appropriation of $5,000,000 to the Account to provide grants to support such state and local programs.
Section 4 requires that the money in domestic terror activity, and section 8 of this bill makes an appropriation of $5,000,000 to the Account to provide grants to support such state and local programs.
Investigation Division, which is recognized as a fusion intelligence center by the United States Department of Homeland Security.
Section 7.8 of this bill makes a conforming change to provide that the duties of the Nevada Commission on Homeland Security include recommending the distribution of money from the Account for use by state and local agencies.
(NRS 480.530) Section 3 of this - *AB117* – 2 – bill recognizes in statute the existence of two other intelligence centers:
Existing law authorizes the Chief of the Investigation Division to enter into other state to carry out the duties of the Division.
(1) the Southern Nevada Counter Terrorism Center, hosted by the Las Vegas Metropolitan Nevada by the United States Department of Homeland Security;
(NRS 480.480) Section 7 of this bill provides that the Chief of the Investigation Division may also enter into agreements with intelligence centers in this State or in any other state in order to carry out the duties of the Division.
and (2) theer for Northern Nevada Regional Intelligence Center, located within the Washoe County Sheriff’s Office.
Existing law defines the term “act of terrorism,” in part to include any act involving the use or attempted use of sabotage, coercion or violence which is intended to cause great bodily harm or death to the general population.
Section 3 permits the board of county commissioners of a county to enter into agreements to participate in and collaborate with intelligence centers in this State.
(NRS of terrorism and defines the terms “civil disobedience,” “coercion,” “sabotage” andct “violence” for the purposes of the commission of an act of terrorism.
Section 7 of this bill clarifies that the Chief of the Investigation Division duties of the Division.eements with intelligence centers in order to carry out the Section 5 of this bill makes a conforming change to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.
Existing law sets forth the actions that constitute criminal anarchy and criminal syndicalism.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 203.115, 203.117) Sections 7.4 and 7.6 of this bill require that such actions be directed at inciting or producing imminent lawless action and likely to incite or produce such imminent lawless action.
placement of sections 2 and 4 in the Nevada Revised Statutes.te the proper THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Simulation of summons or other legal process, as provided in NRS 207.337;
Simulation of summons or other legal process;
The commission of an unlawful act 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, as provided in NRS 207.185.
The commission of an unlawful act because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or - *AB117_R1* – 3 – expression of another person or group of persons, as provided in NRS 207.185.
The board of county commissioners of a county may enter into an agreement to participate in and collaborate with any intelligence center in this State, including, without limitation:
(Deleted by amendment.) Sec.
1.
The Northern Nevada Regional Intelligence Center;
2.
The Southern Nevada Counter Terrorism Center;
3.
The Nevada Threat Analysis Center created by NRS 480.530;
and 4.
Any fusion intelligence center designated by the Governor.
Sec.
The Chief of the Investigation Division shall administer the account.
The Chief of the Division shall administer the Account.
- *AB117* – 3 – 3.
3.
Before money in the Account may be expended pursuant to subsection 3, the Chief of the Investigation Division must submit a proposal for the expenditure to the State Board of Examiners.
Before money in the Account may be expended pursuant to subsection 3, the Chief of the Division must submit a proposal for the expenditure to the Nevada Commission on Homeland Security created by NRS 239C.120.
Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved.
The Nevada Commission on Homeland Security shall follow the same procedure for recommending the distribution of money from the Account pursuant to this section as it does for recommending the distribution of money from any federal homeland security grant or related program for use by state, local and tribal government agencies and private sector organizations.
Upon approval of the appropriate committee or committees, the money may be so expended.
7.
As used in this section, “Division” means the Division of Emergency Management of the Office of the Military.
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480.400 As used in NRS 480.400 to 480.545, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 480.405 to 480.440, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
480.400 As used in NRS 480.400 to 480.545, inclusive, and sections 2 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 480.405 to 480.440, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
2.
- *AB117_R1* – 4 – 2.
- *AB117* – 4 – 4.
4.
and (c) The Cannabis Compliance Board in carrying out a criminal investigation pursuant to title 56 of NRS.
[and] (c) The Cannabis Compliance Board in carrying out a criminal investigation pursuant to title 56 of NRS [.] ;
and (d) A law enforcement agency in the investigation of domestic terror activity.
11.
Investigate domestic terror activity.
- *AB117_R1* – 5 – Sec.
7.2.
NRS 202.4415 is hereby amended to read as follows:
202.4415 1.
“Act of terrorism” means any act that involves the use or attempted use of sabotage, coercion or violence which is intended to:
(a) Cause [great] substantial bodily harm or death to the general population [;] or to a specific population of persons with the same or a similar characteristic;
(b) Intimidate or coerce a civilian population;
(c) Influence the policy of, affect the conduct of, or retaliate against any agency, bureau, board, commission, department or division of this State, a political subdivision of this State or any other branch or level of government;
or [(b)] (d) Cause substantial destruction, contamination or impairment of:
(1) Any building or infrastructure, communications, transportation, utilities or services;
or (2) Any natural resource or the environment.
2.
As used in this section [, “coercion”] :
(a) “Civil disobedience” means an open and visible nonviolent violation of a provision of law that is punishable as a misdemeanor and is committed intentionally, symbolically and with the expectation of being punished.
(b) “Coercion” means the actions described in NRS 207.190 and does not include an act of civil disobedience.
(c) “Sabotage” means the intentional destruction of property or obstruction of a lawful activity and does not include an act of civil disobedience.
(d) “Violence” has the meaning ascribed to “crime of violence” in paragraph (b) of subsection 2 of NRS 200.408.
7.4.
NRS 203.115 is hereby amended to read as follows:
203.115 1.
Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means.
2.
It is unlawful:
(a) For any person, by word of mouth or writing, to advocate, advise or teach the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means [;] , if such advocacy, advice or teaching is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, - *AB117_R1* – 6 – document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means [;] , if such contents, advocacy, advice or teaching is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(c) For any person openly, willfully and deliberately to justify by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his or her official character, or any other crime, with the intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy [;] , if such conduct is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(d) For any person to organize or help to organize or become a member of or voluntarily to assemble with any society, group or assembly of persons formed to teach or advocate such a doctrine [;] , if such conduct is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal anarchy as defined in subsection 1 [;] , if such conduct is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
or (f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room willfully and knowingly to permit therein any assemblage of persons prohibited by paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.
3.
A person who violates the provisions of subsection 2 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 $10,000.
Sec.
7.6.
NRS 203.117 is hereby amended to read as follows:
203.117 1.
Criminal syndicalism is the doctrine which advocates or teaches crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform.
2.
It is unlawful:
(a) For any person, by word of mouth or writing, to advocate or teach the duty, necessity or propriety of crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing - *AB117_R1* – 7 – industrial or political reform [;] , if such advocacy or teaching is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document or written matter in any form, containing or advocating, advising or teaching the doctrine that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of terrorism [;] , if such contents, advocacy, advice or teaching is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(c) For any person openly, willfully and deliberately to justify, by word of mouth or writing, the commission or the attempt to commit crime, sabotage, violence or other unlawful methods of terrorism with the intent to exemplify, spread or advocate the propriety of the doctrine of criminal syndicalism [;] , if such conduct is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(d) For any person to organize or help to organize or become a member of, or voluntarily to assemble with, any society, group or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism [;] , if such conduct is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
(e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal syndicalism as defined in subsection 1 [;] , if such conduct is directed at inciting or producing imminent lawless action and is likely to incite or produce such imminent lawless action;
or (f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, willfully and knowingly to permit therein any assemblage of persons prohibited by the provisions of paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.
3.
A person who violates the provisions of subsection 2 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.
Sec.
7.8.
NRS 239C.160 is hereby amended to read as follows:
239C.160 The Commission shall, within the limits of available money:
- *AB117_R1* – 8 – 1.
Make recommendations to the Governor, the Legislature, agencies of this State, political subdivisions, tribal governments, businesses located within this State and private persons who reside in this State with respect to actions and measures that may be taken to protect residents of this State and visitors to this State from potential acts of terrorism and related emergencies.
2.
Upon consideration of the most recent statewide strategic plan prepared by the Nevada Office of Cyber Defense Coordination pursuant to NRS 480.930, make recommendations to the Governor, through the Division, on the use of money received by the State from any homeland security grant or related program, including, without limitation, the State Homeland Security Grant Program and Urban Area Security Initiative, in accordance with the following:
(a) The Division shall provide the Commission with program guidance and briefings;
(b) The Commission must be provided briefings on existing and proposed projects, and shall consider statewide readiness capabilities and priorities for the use of money, administered by the Division, from any homeland security grant or related program;
(c) The Commission shall serve as the public body which reviews and makes recommendations for the State’s applications to the Federal Government for homeland security grants or related programs, as administered by the Division;
and (d) The Commission shall serve as the public body which recommends, subject to approval by the Governor, the distribution of money from any [homeland] :
(1) Homeland security grant or related program for use by state, local and tribal government agencies and private sector organizations [.] ;
or (2) Grant from the Anti-Domestic Terrorism Assistance Account for use by state and local agencies in accordance with section 4 of this act.
3.
Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this State and visitors to this State.
4.
With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this State and visitors to this State, including, without limitation, airports other than international airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, - *AB117_R1* – 9 – power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:
(a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies;
and (b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies.
5.
Examine the use, deployment and coordination of response agencies within this State to ensure that those agencies are adequately prepared to protect residents of this State and visitors to this State from acts of terrorism and related emergencies.
6.
Assess, examine and review the use of information systems and systems of communication used by response agencies within this State to determine the degree to which such systems are compatible and interoperable.
After conducting the assessment, examination and review, the Commission shall:
(a) Establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this State;
and (b) Advise and make recommendations to the Governor relative to the compatibility and interoperability of those systems when used by response agencies within this State, with particular emphasis upon the compatibility and interoperability of public safety radio systems.
7.
Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service.
To the extent practicable, cooperate and coordinate with the Division to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies.
9.
Submit an annual briefing to the Governor assessing the preparedness of the State to counteract, prevent and respond to potential acts of terrorism and related emergencies, including, but not limited to, an assessment of response plans and vulnerability assessments of utilities, public entities and private business in this State.
The briefing must be based on information and documents reasonably available to the Commission and must be compiled with the advice of the Division after all utilities, public entities and private businesses assessed have a reasonable opportunity to review and comment on the Commission’s findings.
- *AB117_R1* – 10 – 10.
Perform any other acts related to their duties set forth in subsections 1 to 9, inclusive, that the Commission determines are necessary to protect or enhance:
(a) The safety and security of the State of Nevada;
(b) The safety of residents of the State of Nevada;
and (c) The safety of visitors to the State of Nevada.
Sec.
8.
H - *AB117*
H - *AB117_R1*
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Amendments

1 amendment

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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  3. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 316.) To printer.

  4. Notice of eligibility for exemption.

  5. From printer. Read first time. To committee.

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

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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
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Frequently asked questions

Who sponsors AB 117?
AB 117 is sponsored by Jauregui, Sandra (Democratic).
What is the current status of AB 117?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 117?
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