Nevada 2023 Regular Session

Nevada Senate Bill SB322 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 322–Senators Stone, Seevers Gansert, Goicoechea;
5	5	Cannizzaro, Dondero Loop, Hammond, Hansen, Nguyen
6	6	and Titus
7	7
8	8	Joint Sponsors: Assemblymen Yurek, Hardy, Gray, Gallant;
9	9	Bilbray-Axelrod, Gurr and Hansen
10	10
11	11	CHAPTER..........
12	12
13	13	AN ACT relating to crimes; revising the penalties for engaging in
14	14	reckless driving under certain circumstances; and providing
15	15	other matters properly relating thereto.
16	16	Legislative Counsel’s Digest:
17	17	Existing law makes it unlawful for a person to drive a vehicle in willful or
18	18	wanton disregard of the safety of persons or property. Existing law provides that
19	19	certain unlawful acts, such as driving a vehicle in willful or wanton disregard of the
20	20	safety of persons or property, constitute reckless driving. (NRS 484B.653) Under
21	21	existing law, if a driver commits reckless driving and proximately causes
22	22	substantial bodily harm to or the death of another person, the driver: (1) is guilty of
23	23	a category B felony; (2) shall be punished by imprisonment in the state prison for a
24	24	minimum term of not less than 1 year and a maximum term of not more than 6
25	25	years; and (3) may be subject to certain additional penalties if the violation is
26	26	committed in a pedestrian safety zone or a temporary traffic control zone. (NRS
27	27	484B.130, 484B.135, 484B.653)
28	28	Section 3 of this bill revises the penalty for committing such a violation under
29	29	certain circumstances. Specifically, section 3 increases the maximum term of
30	30	imprisonment for the commission of such a violation from 6 years to 10 years, if
31	31	the violation: (1) involves operating a vehicle at a rate of speed that is 50 miles per
32	32	hour or more over the posted speed limit; or (2) is committed in a pedestrian safety
33	33	zone, school zone or school crossing zone. This bill is known as “Rex’s Law” after
34	34	Rex Patchett.
35	35
36	36	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
37	37
38	38
39	39	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
40	40	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
41	41
42	42	Sections 1 and 2. (Deleted by amendment.)
43	43	Sec. 3. NRS 484B.653 is hereby amended to read as follows:
44	44	484B.653 1. It is unlawful for a person to:
45	45	(a) Drive a vehicle in willful or wanton disregard of the safety of
46	46	persons or property on a highway or premises to which the public
47	47	has access.
48	48	(b) Drive a vehicle in an unauthorized speed contest on a
49	49	highway or premises to which the public has access.
50	50	(c) Organize an unauthorized speed contest on a highway or
51	51	premises to which the public has access.
52	52	– 2 –
53	53
54	54
55	55	- 82nd Session (2023)
56	56	(d) Drive a vehicle in an unauthorized trick driving display on a
57	57	public highway.
58	58	(e) Facilitate an unauthorized trick driving display on a public
59	59	highway.
60	60	 A violation of paragraph (a), (b) or (d) of this subsection or
61	61	subsection 1 of NRS 484B.550 constitutes reckless driving.
62	62	2. If, while violating the provisions of subsections 1 to 5,
63	63	inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of
64	64	subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4,
65	65	inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the
66	66	driver of a motor vehicle on a highway or premises to which the
67	67	public has access is the proximate cause of a collision with a
68	68	pedestrian or a person riding a bicycle, an electric bicycle or an
69	69	electric scooter, the violation constitutes reckless driving.
70	70	3. A person who violates paragraph (a) of subsection 1 is guilty
71	71	of a misdemeanor and:
72	72	(a) For the first offense, shall be punished:
73	73	(1) By a fine of not less than $250 but not more than $1,000;
74	74	or
75	75	(2) By both fine and imprisonment in the county jail for not
76	76	more than 6 months.
77	77	(b) For the second offense, shall be punished:
78	78	(1) By a fine of not less than $1,000 but not more than
79	79	$1,500; or
80	80	(2) By both fine and imprisonment in the county jail for not
81	81	more than 6 months.
82	82	(c) For the third and each subsequent offense, shall be punished:
83	83	(1) By a fine of not less than $1,500 but not more than
84	84	$2,000; or
85	85	(2) By both fine and imprisonment in the county jail for not
86	86	more than 6 months.
87	87	4. A person who violates paragraph (b) or (c) of subsection 1
88	88	or commits a violation which constitutes reckless driving pursuant
89	89	to subsection 2 is guilty of a misdemeanor and:
90	90	(a) For the first offense:
91	91	(1) Shall be punished by a fine of not less than $250 but not
92	92	more than $1,000;
93	93	(2) Shall perform not less than 50 hours, but not more than
94	94	99 hours, of community service; and
95	95	(3) May be punished by imprisonment in the county jail for
96	96	not more than 6 months.
97	97	(b) For the second offense:
98	98	– 3 –
99	99
100	100
101	101	- 82nd Session (2023)
102	102	(1) Shall be punished by a fine of not less than $1,000 but
103	103	not more than $1,500;
104	104	(2) Shall perform not less than 100 hours, but not more than
105	105	199 hours, of community service; and
106	106	(3) May be punished by imprisonment in the county jail for
107	107	not more than 6 months.
108	108	(c) For the third and each subsequent offense:
109	109	(1) Shall be punished by a fine of not less than $1,500 but
110	110	not more than $2,000;
111	111	(2) Shall perform 200 hours of community service; and
112	112	(3) May be punished by imprisonment in the county jail for
113	113	not more than 6 months.
114	114	5. In addition to any fine, community service and
115	115	imprisonment imposed upon a person pursuant to subsection 4, the
116	116	court:
117	117	(a) Shall issue an order suspending the driver’s license of the
118	118	person for a period of not less than 6 months but not more than 2
119	119	years and requiring the person to surrender all driver’s licenses then
120	120	held by the person;
121	121	(b) Within 5 days after issuing an order pursuant to paragraph
122	122	(a), shall forward to the Department any licenses, together with a
123	123	copy of the order;
124	124	(c) For the first offense, may issue an order impounding, for a
125	125	period of 15 days, any vehicle that is registered to the person who
126	126	violates paragraph (b) or (c) of subsection 1 if the vehicle is used in
127	127	the commission of the offense; and
128	128	(d) For the second and each subsequent offense, shall issue an
129	129	order impounding, for a period of 30 days, any vehicle that is
130	130	registered to the person who violates paragraph (b) or (c) of
131	131	subsection 1 if the vehicle is used in the commission of the offense.
132	132	6. A person who violates paragraph (d) of subsection 1 is guilty
133	133	of a gross misdemeanor and:
134	134	(a) For the first offense:
135	135	(1) Shall be punished by a fine of not less than $1,000 but
136	136	not more than $1,500;
137	137	(2) Shall perform not less than 100 hours, but not more than
138	138	199 hours, of community service; and
139	139	(3) May be punished by imprisonment in the county jail for
140	140	not more than 364 days.
141	141	(b) For the second offense and each subsequent offense:
142	142	(1) Shall be punished by a fine of not less than $1,500 but
143	143	not more than $2,000;
144	144	(2) Shall perform 200 hours of community service; and
145	145	– 4 –
146	146
147	147
148	148	- 82nd Session (2023)
149	149	(3) May be punished by imprisonment in the county jail for
150	150	not more than 364 days.
151	151	7. A person who violates paragraph (e) of subsection 1 is guilty
152	152	of:
153	153	(a) For the first offense, a misdemeanor and:
154	154	(1) Shall be punished by a fine of not more than $1,000;
155	155	(2) Shall perform not less than 50 hours, but not more than
156	156	99 hours, of community service; and
157	157	(3) May be punished by imprisonment in the county jail for
158	158	not more than 6 months.
159	159	(b) For the second offense and each subsequent offense, a gross
160	160	misdemeanor and:
161	161	(1) Shall be punished by a fine of not less than $1,000 and
162	162	not more than $1,500;
163	163	(2) Shall perform not less than 100 hours, but not more than
164	164	199 hours, of community service; and
165	165	(3) May be punished by imprisonment in the county jail for
166	166	not more than 364 days.
167	167	8. In addition to any fine, community service and
168	168	imprisonment imposed upon a person pursuant to subsection 6 or 7,
169	169	the court:
170	170	(a) May issue an order suspending the driver’s license of the
171	171	person for a period of not less than 6 months but not more than 2
172	172	years and requiring the person to surrender all driver’s licenses then
173	173	held by the person;
174	174	(b) Within 5 days after issuing an order pursuant to paragraph
175	175	(a), shall forward to the Department any licenses, together with a
176	176	copy of the order; and
177	177	(c) May issue an order impounding, for a period of 30 days, any
178	178	vehicle that is registered to the person if the vehicle is used in the
179	179	commission of the offense.
180	180	9. Unless a greater penalty is provided pursuant to subsection 4
181	181	of NRS 484B.550, a person who does any act or neglects any duty
182	182	imposed by law while driving or in actual physical control of any
183	183	vehicle on a highway or premises to which the public has access in
184	184	willful or wanton disregard of the safety of persons or property, if
185	185	the act or neglect of duty proximately causes the death of or
186	186	substantial bodily harm to another person, is guilty of a category B
187	187	felony and shall be punished by imprisonment in the state prison
188	188	for :
189	189	(a) Except as otherwise provided in paragraph (b), a minimum
190	190	term of not less than 1 year and a maximum term of not more than 6
191	191	years and by a fine of not less than $2,000 but not more than $5,000.
192	192	– 5 –
193	193
194	194
195	195	- 82nd Session (2023)
196	196	(b) A minimum term of not less than 1 year and a maximum
197	197	term of not more than 10 years and by a fine of not less than
198	198	$2,000 but not more than $5,000 if:
199	199	(1) The violation involves operating a vehicle at a rate of
200	200	speed that is 50 miles per hour or more over the posted speed limit;
201	201	or
202	202	(2) The violation is committed in an area designated as a
203	203	pedestrian safety zone or school zone or a school crossing zone.
204	204	10. A person who violates any provision of this section may be
205	205	subject to any additional penalty set forth in NRS 484B.130 or
206	206	484B.135 unless the person is subject to the penalty provided
207	207	pursuant to subsection 4 of NRS 484B.550.
208	208	11. As used in this section:
209	209	(a) “Facilitate” means to plan, schedule or promote, or assist in
210	210	the planning, scheduling or promotion of, an unauthorized trick
211	211	driving display or in any other way participate in an unauthorized
212	212	trick driving display, including, without limitation:
213	213	(1) Using a vehicle to divert, slow, impede or otherwise
214	214	block traffic with the intent to enable or assist an unauthorized trick
215	215	driving display; or
216	216	(2) Filming or otherwise recording an unauthorized trick
217	217	driving display with the intent to promote an unauthorized trick
218	218	driving display.
219	219	(b) “Organize” means to plan, schedule or promote, or assist in
220	220	the planning, scheduling or promotion of, an unauthorized speed
221	221	contest on a public highway, regardless of whether a fee is charged
222	222	for attending the unauthorized speed contest.
223	223	(c) “Trick driving display” means using a vehicle to perform
224	224	tricks, stunts or other maneuvers on a public highway upon which
225	225	traffic has been diverted, slowed, impeded or blocked to enable the
226	226	performing of such tricks, stunts or maneuvers or having such tricks,
227	227	stunts or maneuvers filmed or otherwise recorded.
228	228	Sec. 4. This act becomes effective on July 1, 2023.
229	229
230	230	20 ~~~~~ 23
231	231