Nevada 2023 Regular Session Status: Enacted

SB 412 — Revises provisions relating to criminal justice. (BDR 15-1091)

Last action — Chapter 373.

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  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 March 27, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 12, 2023.

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

329 added · 410 removed

329 line(s) added, 410 removed.

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(Reprinted with amendments adopted on June 5, 2023) FIRST REPRINT S.B.
Senate Bill No.
412 SENATE BILL NO .
412–Committee on Judiciary CHAPTER..........
412–COMMITTEE ON JUDICIARY (ON BEHALF OF THE O FFICE OF THEG OVERNOR ) M ARCH 27, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal justice.
(BDR 15-1091) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires the Division of Parole and Probation of the Department of Public Safety to petition the court to recommend the early discharge of a person from probation if the person satisfies certain requirements, including not having been convicted of a violent or sexual offense or abuse, neglect or endangerment of firearm and invasion of the home to such disqualifying offenses for purposes of the early discharge of a person from probation.
Existing law requires the Division of Parole and Probation of the Department of Public Safety to petition the court to recommend the early discharge of a person from probation if the person satisfies certain requirements, including not having been convicted of a violent or sexual offense or abuse, neglect or endangerment of a child.
Existing law establishes the definition of and the penalties for the crime of battery.
(NRS 176A.840) Section 11 of this bill adds certain offenses involving a early discharge of a person from probation.squalifying offenses for purposes of the Existing law establishes the definition of and the penalties for the crime of battery.
persons.
Existing law prohibits the ownership or possession of firearms by certain persons.
(NRS 202.360) Section 15 of this bill additionally prohibits a person from using or carrying a firearm during and in relation to, or possessing a firearm in - *SB412_R1* – 2 – furtherance of, the commission of certain drug offenses and provides that a person who violates any such provision is guilty of a category B felony.
(NRS 202.360) Section 15 of this bill additionally prohibits a person from furtherance of, the commission of certain drug offenses and provides that a person who violates any such provision is guilty of a category B felony.
Existing law generally provides that a person who, under circumstances not after having been warned by the owner or occupant thereof not to trespass is guilty of a misdemeanor.
Existing law generally provides that a person who, under circumstances not amounting to a burglary, willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass is guilty of a misdemeanor.
(NRS 207.200) Section 36.5 of this bill requires that such a warning by an owner or occupant must have been given during the previous 24 months.
(NRS 207.200) Section 36.5 of this bill requires that such a warning by an owner or occupant must have been given during the previous 24 montSection 57.5 of this bill makes an appropriation from the State General Fund to the Department of Public Safety for the purpose of purchasing two machines that are capable of testing for fentanyl and its derivatives and measuring the concentration thereof in mixtures.
Section 57.5 of this bill makes an appropriation from the State General Fund to are capable of testing for fentanyl and its derivatives and measuring thes that concentration thereof in mixtures.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 1.
Sections 1-10.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 82nd Session (2023) – 2 – 176A.840 NRS1.
2.
The Division shall petition the court toows:
(Deleted by amendment.) Sec.
recommend the early discharge of a person from probation if the person:
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11.
NRS 176A.840 is hereby amended to read as follows:
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176A.840 1.
The Division shall petition the court to recommend the early discharge of a person from probation if the person:
2.
allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.
This section must not be construed to prohibit the court from allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.
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12 and 13.
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13.
(Deleted by amendment.) Sec.
(3) A member of a volunteer fire department;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
- 82nd Session (2023) – 3 – this State whose official duties require the employee to make home visits;
and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency;
and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fir(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
or (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
- *SB412_R1* – 4 – (I) Interact with the public;
(h) “Sports official” has the meaning ascribed to it in NRS 41.630.
NRS 41.630.rts official” has the meaning ascribed to it in (i) “Strangulation” means intentionally [impeding the normal breathing or circulation of the blood by] applying sufficient pressure [on the throat or neck or by blocking the nose or mouth of] to another person [in a manner that creates a risk of death or substantial bodily harm.] to make it difficult or impossible for the person to breathe, including, without limitation, applying pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce the intake of air, or applying any pressure to - 82nd Session (2023) – 4 – to stop the flow of blood to the brain via the carotid arteries.self, (j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(i) “Strangulation” means intentionally [impeding the normal breathing or circulation of the blood by] applying sufficient pressure [on the throat or neck or by blocking the nose or mouth of] to another person [in a manner that creates a risk of death or substantial bodily harm.] to make it difficult or impossible for the person to breathe, including, without limitation, applying pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce the intake of air, or applying any pressure to the neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
(j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(c) If:
(c) (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;
(1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;
(2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation;
- *SB412_R1* – 5 – (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation;
(d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(d) If the battery is committed upon an officer, provider of is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
- 82nd Session (2023) – 5 – category B felony by imprisonment in the state prison for a for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
- *SB412_R1* – 6 – (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony 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.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony 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.
(a) Has been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or a law of any other jurisdiction that prohibits the same or substantially similar conduct, committed against or upon:
(a) Has been convicted of the crime of battery which constitutes jurisdiction that prohibits the same or substantially similar conduct, committed against or upon:
or (5) The child of the person or a child for whom the person is the legal guardian.
or - 82nd Session (2023) – 6 – the legal guardian.d of the person or a child for whom the person is (b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect;
(1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from while the order is in effect;
or (2) An equivalent order in any other state;
orr her custody or control any firearm (2) An equivalent order in any other state;
A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the - *SB412_R1* – 7 – 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 the provisions of this subsection 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) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
(a) Has been adjudicated as mentally ill or has been committed or the United States;facility by a court of this State, any other state (b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
(b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
- 82nd Session (2023) – 7 – A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
A person shall not use or carry a firearm during and in relation to, or possess a firearm in furtherance of, the commission of any act in violation of NRS 453.321, 453.322, 453.337, 453.3385 or 453.401.
A person shall not use or carry a firearm during and in of any act in violation of NRS 453.321, 453.322, 453.337,commission 453.3385 or 453.401.
Sec.
Secs.
16.
16-36.
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29.
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or (b) Willfully goes or remains upon any land or in any building after having been warned during the previous 24 months by the owner or occupant thereof not to trespass, is guilty of a misdemeanor.
or (b) Willfully goes or remains upon any land or in any building after having been warned during the previous 24 months by the owner or occupant thereof not to trespass, limited by subsections 2 and 4.he meaning of this subsection is not 2.
The meaning of this subsection is not limited by subsections 2 and 4.
2.
and (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
and - 82nd Session (2023) – 8 – (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
(c) Posting “no trespassing” signs or other notice of like meaning at:
(c) Posting “no trespassing” signs or other notice of like meaning(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet;
(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet;
- *SB412_R1* – 9 – 3.
3.
(c) “Guest” means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight.
(c) “Guest” means any person entertained or to whom who stays overnight.
Sec.
Secs.
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37-57.
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Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, - *SB412_R1* – 10 – 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was - 82nd Session (2023) – 9 – appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
H - *SB412_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Chapter 373.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 990.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: 1.) To printer. From printer. To engrossment. Engrossed. First reprint. To Assembly. In Assembly. Referred to Committee on Ways and Means. To committee. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 40, Nays: 2.) To Senate.

  6. Waiver granted effective: March 30, 2023.

  7. From printer. To committee.

  8. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on Judiciary

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.

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 412?
SB 412 is sponsored by Senate Committee on Judiciary.
What is the current status of SB 412?
This bill has been enacted into law. Introduced March 27, 2023. Enacted.
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