- 82nd Session (2023)
Senate Bill No. 322–Senators Stone, Seevers Gansert, Goicoechea;
Cannizzaro, Dondero Loop, Hammond, Hansen, Nguyen
and Titus
Joint Sponsors: Assemblymen Yurek, Hardy, Gray, Gallant;
Bilbray-Axelrod, Gurr and Hansen
CHAPTER..........
AN ACT relating to crimes; revising the penalties for engaging in
reckless driving under certain circumstances; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law makes it unlawful for a person to drive a vehicle in willful or
wanton disregard of the safety of persons or property. Existing law provides that
certain unlawful acts, such as driving a vehicle in willful or wanton disregard of the
safety of persons or property, constitute reckless driving. (NRS 484B.653) Under
existing law, if a driver commits reckless driving and proximately causes
substantial bodily harm to or the death of another person, the driver: (1) is guilty of
a category B felony; (2) 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 (3) may be subject to certain additional penalties if the violation is
committed in a pedestrian safety zone or a temporary traffic control zone. (NRS
484B.130, 484B.135, 484B.653)
Section 3 of this bill revises the penalty for committing such a violation under
certain circumstances. Specifically, section 3 increases the maximum term of
imprisonment for the commission of such a violation from 6 years to 10 years, if
the violation: (1) involves operating a vehicle at a rate of speed that is 50 miles per
hour or more over the posted speed limit; or (2) is committed in a pedestrian safety
zone, school zone or school crossing zone. This bill is known as “Rex’s Law” after
Rex Patchett.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 484B.653 is hereby amended to read as follows:
484B.653 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of
persons or property on a highway or premises to which the public
has access.
(b) Drive a vehicle in an unauthorized speed contest on a
highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or
premises to which the public has access.
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(d) Drive a vehicle in an unauthorized trick driving display on a
public highway.
(e) Facilitate an unauthorized trick driving display on a public
highway.
A violation of paragraph (a), (b) or (d) of this subsection or
subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 5,
inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of
subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4,
inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the
driver of a motor vehicle on a highway or premises to which the
public has access is the proximate cause of a collision with a
pedestrian or a person riding a bicycle, an electric bicycle or an
electric scooter, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty
of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000;
or
(2) By both fine and imprisonment in the county jail for not
more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than
$1,500; or
(2) By both fine and imprisonment in the county jail for not
more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than
$2,000; or
(2) By both fine and imprisonment in the county jail for not
more than 6 months.
4. A person who violates paragraph (b) or (c) of subsection 1
or commits a violation which constitutes reckless driving pursuant
to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not
more than $1,000;
(2) Shall perform not less than 50 hours, but not more than
99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for
not more than 6 months.
(b) For the second offense:
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(1) Shall be punished by a fine of not less than $1,000 but
not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than
199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for
not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but
not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for
not more than 6 months.
5. In addition to any fine, community service and
imprisonment imposed upon a person pursuant to subsection 4, the
court:
(a) Shall issue an order suspending the driver’s license of the
person for a period of not less than 6 months but not more than 2
years and requiring the person to surrender all driver’s licenses then
held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph
(a), shall forward to the Department any licenses, together with a
copy of the order;
(c) For the first offense, may issue an order impounding, for a
period of 15 days, any vehicle that is registered to the person who
violates paragraph (b) or (c) of subsection 1 if the vehicle is used in
the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an
order impounding, for a period of 30 days, any vehicle that is
registered to the person who violates paragraph (b) or (c) of
subsection 1 if the vehicle is used in the commission of the offense.
6. A person who violates paragraph (d) of subsection 1 is guilty
of a gross misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $1,000 but
not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than
199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for
not more than 364 days.
(b) For the second offense and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but
not more than $2,000;
(2) Shall perform 200 hours of community service; and
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(3) May be punished by imprisonment in the county jail for
not more than 364 days.
7. A person who violates paragraph (e) of subsection 1 is guilty
of:
(a) For the first offense, a misdemeanor and:
(1) Shall be punished by a fine of not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than
99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for
not more than 6 months.
(b) For the second offense and each subsequent offense, a gross
misdemeanor and:
(1) Shall be punished by a fine of not less than $1,000 and
not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than
199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for
not more than 364 days.
8. In addition to any fine, community service and
imprisonment imposed upon a person pursuant to subsection 6 or 7,
the court:
(a) May issue an order suspending the driver’s license of the
person for a period of not less than 6 months but not more than 2
years and requiring the person to surrender all driver’s licenses then
held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph
(a), shall forward to the Department any licenses, together with a
copy of the order; and
(c) May issue an order impounding, for a period of 30 days, any
vehicle that is registered to the person if the vehicle is used in the
commission of the offense.
9. Unless a greater penalty is provided pursuant to subsection 4
of NRS 484B.550, a person who does any act or neglects any duty
imposed by law while driving or in actual physical control of any
vehicle on a highway or premises to which the public has access in
willful or wanton disregard of the safety of persons or property, if
the act or neglect of duty proximately causes the death of or
substantial bodily harm to another person, is guilty of a category B
felony and shall be punished by imprisonment in the state prison
for :
(a) Except as otherwise provided in paragraph (b), a minimum
term of not less than 1 year and a maximum term of not more than 6
years and by a fine of not less than $2,000 but not more than $5,000.
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(b) A minimum term of not less than 1 year and a maximum
term of not more than 10 years and by a fine of not less than
$2,000 but not more than $5,000 if:
(1) The violation involves operating a vehicle at a rate of
speed that is 50 miles per hour or more over the posted speed limit;
or
(2) The violation is committed in an area designated as a
pedestrian safety zone or school zone or a school crossing zone.
10. A person who violates any provision of this section may be
subject to any additional penalty set forth in NRS 484B.130 or
484B.135 unless the person is subject to the penalty provided
pursuant to subsection 4 of NRS 484B.550.
11. As used in this section:
(a) “Facilitate” means to plan, schedule or promote, or assist in
the planning, scheduling or promotion of, an unauthorized trick
driving display or in any other way participate in an unauthorized
trick driving display, including, without limitation:
(1) Using a vehicle to divert, slow, impede or otherwise
block traffic with the intent to enable or assist an unauthorized trick
driving display; or
(2) Filming or otherwise recording an unauthorized trick
driving display with the intent to promote an unauthorized trick
driving display.
(b) “Organize” means to plan, schedule or promote, or assist in
the planning, scheduling or promotion of, an unauthorized speed
contest on a public highway, regardless of whether a fee is charged
for attending the unauthorized speed contest.
(c) “Trick driving display” means using a vehicle to perform
tricks, stunts or other maneuvers on a public highway upon which
traffic has been diverted, slowed, impeded or blocked to enable the
performing of such tricks, stunts or maneuvers or having such tricks,
stunts or maneuvers filmed or otherwise recorded.
Sec. 4. This act becomes effective on July 1, 2023.
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