Nevada 2023 Regular Session

Nevada Senate Bill SB289 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 289–Senator Nguyen
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to crimes; expanding the applicability of enhanced
9	9	penalties for assault or battery against a provider of health
10	10	care under certain circumstances; providing penalties; and
11	11	providing other matters properly relating thereto.
12	12	Legislative Counsel’s Digest:
13	13	Existing law provides that an assault without a deadly weapon or battery
14	14	without a deadly weapon or without substantial harm to the victim is generally
15	15	punishable as a misdemeanor. (NRS 200.471, 200.481) A person who commits
16	16	assault without a deadly weapon against a provider of health care in the
17	17	performance of his or her duties where the perpetrator knows or should know that
18	18	the victim is a provider of health care is instead guilty of: (1) a category D felony, if
19	19	the perpetrator is a probationer, a prisoner who is in lawful custody or confinement
20	20	or a parolee; and (2) in all other cases, a gross misdemeanor. (NRS 200.471)
21	21	Additionally, a person who commits a battery against a provider of health care
22	22	performing his or her duty is guilty of: (1) a gross misdemeanor, if the perpetrator
23	23	knows or should know that the victim is a provider of health care; or (2) category B
24	24	felony if the perpetrator knows or should know that the victim is a provider of
25	25	health care and the battery involves substantial bodily harm or strangulation. (NRS
26	26	200.481) Sections 1 and 2 of this bill provide that, for those purposes, the term
27	27	“provider of health care” includes: (1) a behavior analyst, assistant behavior
28	28	analyst, registered behavior technician, mental health technician, public safety
29	29	officer at a health care facility or participant in a program of training to provide
30	30	emergency medical services; (2) a person who provides health care services in the
31	31	home for compensation; or (3) any person who is employed by or volunteers at a
32	32	health care facility and meets certain other requirements. Sections 1 and 2
33	33	additionally provide that the enhanced penalties for an assault or a battery against a
34	34	provider of health care apply any time the provider of health care is assaulted or
35	35	battered on the premises of a health care facility where the provider of health care
36	36	performs his or her duty and the perpetrator knows or should know that the victim
37	37	is a provider of health care, whether or not the provider of health care was
38	38	performing his or her duty.
39	39
40	40	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
41	41
42	42
43	43	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
44	44	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
45	45
46	46	Section 1. NRS 200.471 is hereby amended to read as follows:
47	47	200.471 1. As used in this section:
48	48	(a) “Assault” means:
49	49	(1) Unlawfully attempting to use physical force against
50	50	another person; or
51	51	(2) Intentionally placing another person in reasonable
52	52	apprehension of immediate bodily harm.
53	53	– 2 –
54	54
55	55
56	56	- 82nd Session (2023)
57	57	(b) “Fire-fighting agency” has the meaning ascribed to it in
58	58	NRS 239B.020.
59	59	(c) “Health care facility” means a facility licensed pursuant to
60	60	chapter 449 of NRS, an office of a person listed in NRS 629.031, a
61	61	clinic or any other location, other than a residence, where health
62	62	care is provided.
63	63	(d) “Officer” means:
64	64	(1) A person who possesses some or all of the powers of a
65	65	peace officer;
66	66	(2) A person employed in a full-time salaried occupation of
67	67	fire fighting for the benefit or safety of the public;
68	68	(3) A member of a volunteer fire department;
69	69	(4) A jailer, guard or other correctional officer of a city or
70	70	county jail;
71	71	(5) A prosecuting attorney of an agency or political
72	72	subdivision of the United States or of this State;
73	73	(6) A justice of the Supreme Court, judge of the Court of
74	74	Appeals, district judge, justice of the peace, municipal judge,
75	75	magistrate, court commissioner, master or referee, including a
76	76	person acting pro tempore in a capacity listed in this subparagraph;
77	77	(7) An employee of this State or a political subdivision of
78	78	this State whose official duties require the employee to make home
79	79	visits;
80	80	(8) A civilian employee or a volunteer of a law enforcement
81	81	agency whose official duties require the employee or volunteer to:
82	82	(I) Interact with the public;
83	83	(II) Perform tasks related to law enforcement; and
84	84	(III) Wear identification, clothing or a uniform that
85	85	identifies the employee or volunteer as working or volunteering for
86	86	the law enforcement agency;
87	87	(9) A civilian employee or a volunteer of a fire-fighting
88	88	agency whose official duties require the employee or volunteer to:
89	89	(I) Interact with the public;
90	90	(II) Perform tasks related to fire fighting or fire
91	91	prevention; and
92	92	(III) Wear identification, clothing or a uniform that
93	93	identifies the employee or volunteer as working or volunteering for
94	94	the fire-fighting agency; or
95	95	(10) A civilian employee or volunteer of this State or a
96	96	political subdivision of this State whose official duties require the
97	97	employee or volunteer to:
98	98	(I) Interact with the public;
99	99	(II) Perform tasks related to code enforcement; and
100	100	– 3 –
101	101
102	102
103	103	- 82nd Session (2023)
104	104	(III) Wear identification, clothing or a uniform that
105	105	identifies the employee or volunteer as working or volunteering for
106	106	this State or a political subdivision of this State.
107	107	[(d)] (e) “Provider of health care” means [a] :
108	108	(1) A physician, a medical student, a perfusionist or a
109	109	physician assistant licensed pursuant to chapter 630 of NRS, a
110	110	practitioner of respiratory care, a homeopathic physician, an
111	111	advanced practitioner of homeopathy, a homeopathic assistant, an
112	112	osteopathic physician, a physician assistant licensed pursuant to
113	113	chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a
114	114	physical therapist, a medical laboratory technician, an optometrist, a
115	115	chiropractic physician, a chiropractic assistant, a doctor of Oriental
116	116	medicine, a nurse, a student nurse, a certified nursing assistant, a
117	117	nursing assistant trainee, a medication aide - certified, a person who
118	118	provides health care services in the home for compensation, a
119	119	dentist, a dental student, a dental hygienist, a dental hygienist
120	120	student, a pharmacist, a pharmacy student, an intern pharmacist, an
121	121	attendant on an ambulance or air ambulance, a psychologist, a social
122	122	worker, a marriage and family therapist, a marriage and family
123	123	therapist intern, a clinical professional counselor, a clinical
124	124	professional counselor intern, a behavior analyst, an assistant
125	125	behavior analyst, a registered behavior technician, a mental health
126	126	technician, a licensed dietitian, the holder of a license or a limited
127	127	license issued under the provisions of chapter 653 of NRS, a public
128	128	safety officer at a health care facility, an emergency medical
129	129	technician, an advanced emergency medical technician , [and] a
130	130	paramedic [.
131	131	(e)] or a participant in a program of training to provide
132	132	emergency medical services; or
133	133	(2) An employee of or volunteer for a health care facility
134	134	who:
135	135	(I) Interacts with the public;
136	136	(II) Performs tasks related to providing health care; and
137	137	(III) Wears identification, clothing or a uniform that
138	138	identifies the person as an employee or volunteer of the health
139	139	care facility.
140	140	(f) “School employee” means a licensed or unlicensed person
141	141	employed by a board of trustees of a school district pursuant to NRS
142	142	391.100 or 391.281.
143	143	[(f)] (g) “Sporting event” has the meaning ascribed to it in
144	144	NRS 41.630.
145	145	[(g)] (h) “Sports official” has the meaning ascribed to it in
146	146	NRS 41.630.
147	147	– 4 –
148	148
149	149
150	150	- 82nd Session (2023)
151	151	[(h)] (i) “Taxicab” has the meaning ascribed to it in
152	152	NRS 706.8816.
153	153	[(i)] (j) “Taxicab driver” means a person who operates a
154	154	taxicab.
155	155	[(j)] (k) “Transit operator” means a person who operates a bus
156	156	or other vehicle as part of a public mass transportation system.
157	157	2. A person convicted of an assault shall be punished:
158	158	(a) If paragraph (c) or (d) does not apply to the circumstances of
159	159	the crime and the assault is not made with the use of a deadly
160	160	weapon or the present ability to use a deadly weapon, for a
161	161	misdemeanor.
162	162	(b) If the assault is made with the use of a deadly weapon or the
163	163	present ability to use a deadly weapon, for a category B felony by
164	164	imprisonment in the state prison for a minimum term of not less
165	165	than 1 year and a maximum term of not more than 6 years, or by a
166	166	fine of not more than $5,000, or by both fine and imprisonment.
167	167	(c) If paragraph (d) does not apply to the circumstances of the
168	168	crime and if the assault [is] :
169	169	(1) Is committed upon [an] :
170	170	(I) An officer, [a provider of health care,] a school
171	171	employee, a taxicab driver or a transit operator who is performing
172	172	his or her duty ;
173	173	(II) A provider of health care while the provider of
174	174	health care is performing his or her duty or is on the premises
175	175	where he or she performs that duty; or [upon a]
176	176	(III) A sports official based on the performance of his or
177	177	her duties at a sporting event ; and [the]
178	178	(2) The person charged knew or should have known that the
179	179	victim was an officer, a provider of health care, a school employee,
180	180	a taxicab driver, a transit operator or a sports official,
181	181	 for a gross misdemeanor, unless the assault is made with the use
182	182	of a deadly weapon or the present ability to use a deadly weapon,
183	183	then for a category B felony by imprisonment in the state prison for
184	184	a minimum term of not less than 1 year and a maximum term of not
185	185	more than 6 years, or by a fine of not more than $5,000, or by both
186	186	fine and imprisonment.
187	187	(d) If the assault [is] :
188	188	(1) Is committed by a probationer, a prisoner who is in
189	189	lawful custody or confinement or a parolee upon [an] :
190	190	(I) An officer, [a provider of health care,] a school
191	191	employee, a taxicab driver or a transit operator who is performing
192	192	his or her duty ;
193	193	– 5 –
194	194
195	195
196	196	- 82nd Session (2023)
197	197	(II) A provider of health care while the provider of
198	198	health care is performing his or her duty or is on the premises
199	199	where he or she performs that duty; or [upon a]
200	200	(III) A sports official based on the performance of his or
201	201	her duties at a sporting event ; [by a probationer, a prisoner who is
202	202	in lawful custody or confinement or a parolee,] and [the]
203	203	(2) The probationer, prisoner or parolee charged knew or
204	204	should have known that the victim was an officer, a provider of
205	205	health care, a school employee, a taxicab driver, a transit operator or
206	206	a sports official,
207	207	 for a category D felony as provided in NRS 193.130, unless the
208	208	assault is made with the use of a deadly weapon or the present
209	209	ability to use a deadly weapon, then for a category B felony by
210	210	imprisonment in the state prison for a minimum term of not less
211	211	than 1 year and a maximum term of not more than 6 years, or by a
212	212	fine of not more than $5,000, or by both fine and imprisonment.
213	213	Sec. 2. NRS 200.481 is hereby amended to read as follows:
214	214	200.481 1. As used in this section:
215	215	(a) “Battery” means any willful and unlawful use of force or
216	216	violence upon the person of another.
217	217	(b) “Child” means a person less than 18 years of age.
218	218	(c) “Fire-fighting agency” has the meaning ascribed to it in
219	219	NRS 239B.020.
220	220	(d) “Health care facility” has the meaning ascribed to it in
221	221	NRS 200.471.
222	222	(e) “Officer” means:
223	223	(1) A person who possesses some or all of the powers of a
224	224	peace officer;
225	225	(2) A person employed in a full-time salaried occupation of
226	226	fire fighting for the benefit or safety of the public;
227	227	(3) A member of a volunteer fire department;
228	228	(4) A jailer, guard, matron or other correctional officer of a
229	229	city or county jail or detention facility;
230	230	(5) A prosecuting attorney of an agency or political
231	231	subdivision of the United States or of this State;
232	232	(6) A justice of the Supreme Court, judge of the Court of
233	233	Appeals, district judge, justice of the peace, municipal judge,
234	234	magistrate, court commissioner, master or referee, including,
235	235	without limitation, a person acting pro tempore in a capacity listed
236	236	in this subparagraph;
237	237	(7) An employee of this State or a political subdivision of
238	238	this State whose official duties require the employee to make home
239	239	visits;
240	240	– 6 –
241	241
242	242
243	243	- 82nd Session (2023)
244	244	(8) A civilian employee or a volunteer of a law enforcement
245	245	agency whose official duties require the employee or volunteer to:
246	246	(I) Interact with the public;
247	247	(II) Perform tasks related to law enforcement; and
248	248	(III) Wear identification, clothing or a uniform that
249	249	identifies the employee or volunteer as working or volunteering for
250	250	the law enforcement agency;
251	251	(9) A civilian employee or a volunteer of a fire-fighting
252	252	agency whose official duties require the employee or volunteer to:
253	253	(I) Interact with the public;
254	254	(II) Perform tasks related to fire fighting or fire
255	255	prevention; and
256	256	(III) Wear identification, clothing or a uniform that
257	257	identifies the employee or volunteer as working or volunteering for
258	258	the fire-fighting agency; or
259	259	(10) A civilian employee or volunteer of this State or a
260	260	political subdivision of this State whose official duties require the
261	261	employee or volunteer to:
262	262	(I) Interact with the public;
263	263	(II) Perform tasks related to code enforcement; and
264	264	(III) Wear identification, clothing or a uniform that
265	265	identifies the employee or volunteer as working or volunteering for
266	266	this State or a political subdivision of this State.
267	267	[(e)] (f) “Provider of health care” has the meaning ascribed to it
268	268	in NRS 200.471.
269	269	[(f)] (g) “School employee” means a licensed or unlicensed
270	270	person employed by a board of trustees of a school district pursuant
271	271	to NRS 391.100 or 391.281.
272	272	[(g)] (h) “Sporting event” has the meaning ascribed to it in
273	273	NRS 41.630.
274	274	[(h)] (i) “Sports official” has the meaning ascribed to it in
275	275	NRS 41.630.
276	276	[(i)] (j) “Strangulation” means intentionally impeding the
277	277	normal breathing or circulation of the blood by applying pressure on
278	278	the throat or neck or by blocking the nose or mouth of another
279	279	person in a manner that creates a risk of death or substantial bodily
280	280	harm.
281	281	[(j)] (k) “Taxicab” has the meaning ascribed to it in
282	282	NRS 706.8816.
283	283	[(k)] (l) “Taxicab driver” means a person who operates a
284	284	taxicab.
285	285	[(l)] (m) “Transit operator” means a person who operates a bus
286	286	or other vehicle as part of a public mass transportation system.
287	287	– 7 –
288	288
289	289
290	290	- 82nd Session (2023)
291	291	2. Except as otherwise provided in NRS 200.485, a person
292	292	convicted of a battery, other than a battery committed by an adult
293	293	upon a child which constitutes child abuse, shall be punished:
294	294	(a) If the battery is not committed with a deadly weapon, and no
295	295	substantial bodily harm to the victim results, except under
296	296	circumstances where a greater penalty is provided in this section or
297	297	NRS 197.090, for a misdemeanor.
298	298	(b) If the battery is not committed with a deadly weapon, and
299	299	either substantial bodily harm to the victim results or the battery is
300	300	committed by strangulation, for a category C felony as provided in
301	301	NRS 193.130.
302	302	(c) If:
303	303	(1) The battery is committed upon [an] :
304	304	(I) An officer, [provider of health care,] school employee,
305	305	taxicab driver or transit operator who was performing his or her
306	306	duty ;
307	307	(II) A provider of health care while the provider of
308	308	health care is performing his or her duty or is on the premises
309	309	where he or she performs that duty; or [upon a]
310	310	(III) A sports official based on the performance of his or
311	311	her duties at a sporting event;
312	312	(2) The officer, provider of health care, school employee,
313	313	taxicab driver, transit operator or sports official suffers substantial
314	314	bodily harm or the battery is committed by strangulation; and
315	315	(3) The person charged knew or should have known that the
316	316	victim was an officer, provider of health care, school employee,
317	317	taxicab driver, transit operator or sports official,
318	318	 for a category B felony by imprisonment in the state prison for a
319	319	minimum term of not less than 2 years and a maximum term of not
320	320	more than 10 years, or by a fine of not more than $10,000, or by
321	321	both fine and imprisonment.
322	322	(d) If the battery [is] :
323	323	(1) Is committed upon [an] :
324	324	(I) An officer, [provider of health care,] school employee,
325	325	taxicab driver or transit operator who is performing his or her duty ;
326	326	(II) A provider of health care while the provider of
327	327	health care is performing his or her duty or is on the premises
328	328	where he or she performs that duty; or [upon a]
329	329	(III) A sports official based on the performance of his or
330	330	her duties at a sporting event ; and [the]
331	331	(2) The person charged knew or should have known that the
332	332	victim was an officer, provider of health care, school employee,
333	333	taxicab driver, transit operator or sports official,
334	334	– 8 –
335	335
336	336
337	337	- 82nd Session (2023)
338	338	 for a gross misdemeanor, except under circumstances where a
339	339	greater penalty is provided in this section.
340	340	(e) If the battery is committed with the use of a deadly weapon,
341	341	and:
342	342	(1) No substantial bodily harm to the victim results, for a
343	343	category B felony by imprisonment in the state prison for a
344	344	minimum term of not less than 2 years and a maximum term of not
345	345	more than 10 years, and may be further punished by a fine of not
346	346	more than $10,000.
347	347	(2) Substantial bodily harm to the victim results or the
348	348	battery is committed by strangulation, for a category B felony by
349	349	imprisonment in the state prison for a minimum term of not less
350	350	than 2 years and a maximum term of not more than 15 years, and
351	351	may be further punished by a fine of not more than $10,000.
352	352	(f) If the battery is committed by a probationer, a prisoner who
353	353	is in lawful custody or confinement or a parolee, without the use of
354	354	a deadly weapon, whether or not substantial bodily harm results and
355	355	whether or not the battery is committed by strangulation, for a
356	356	category B felony by imprisonment in the state prison for a
357	357	minimum term of not less than 1 year and a maximum term of not
358	358	more than 6 years.
359	359	(g) If the battery is committed by a probationer, a prisoner who
360	360	is in lawful custody or confinement or a parolee, with the use of a
361	361	deadly weapon, and:
362	362	(1) No substantial bodily harm to the victim results, for a
363	363	category B felony by imprisonment in the state prison for a
364	364	minimum term of not less than 2 years and a maximum term of not
365	365	more than 10 years.
366	366	(2) Substantial bodily harm to the victim results or the
367	367	battery is committed by strangulation, for a category B felony by
368	368	imprisonment in the state prison for a minimum term of not less
369	369	than 2 years and a maximum term of not more than 15 years.
370	370
371	371	20 ~~~~~ 23