S.B. 371
- *SB371*
SENATE BILL NO. 371–SENATOR STEINBECK
MARCH 17, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to crimes. (BDR 15-908)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; enhancing the criminal penalty for
certain crimes committed on the property of a resort hotel;
limiting the imposition of certain additional penalties
under certain circumstances; revising provisions relating
to aggregated sentences; revising provisions relating to
the exclusion or rejection of persons from certain licensed
gaming establishments; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that a person who commits a crime under certain 1
specified circumstances may be subject to an additional penalty related to the 2
commission of the crime. (NRS 193.161-193.1685) Section 1 of this bill provides 3
that a person who commits a crime on the property of a resort hotel shall, in 4
addition to the term of imprisonment prescribed by statute for the crime, be 5
punished by a term that is equal to the term of imprisonment prescribed by statute 6
for the crime. Section 1 defines “resort hotel” as any building or group of buildings 7
that is maintained as and held out to the public to be a hotel where sleeping 8
accommodations are furnished to the transient public and that has: (1) more than 9
200 rooms available for sleeping accommodations; (2) at least one bar with seating 10
capacity for more than 30 patrons that serves alcoholic beverages sold by the drink 11
for consumption on the premises; (3) at least one restaurant with seating capacity of 12
more than 60 patrons that is open to the public 24 hours each day and 7 days each 13
week; and (4) a gaming area within the building or group of buildings. 14
Existing law provides that a person who has been sentenced to an additional 15
term of imprisonment under certain circumstances may not also be sentenced to 16
certain other additional terms of imprisonment. (NRS 193.169) Section 2 of this 17
bill provides that the additional penalty related to crimes committed on the property 18
of a resort hotel is also subject to this limitation. 19
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Existing law provides that if a court imposes certain additional terms of 20
imprisonment, the sentence must be aggregated with the sentenced imposed for the 21
underlying offense. (NRS 176.035) Section 3 of this bill provides that the 22
additional penalty related to crimes committed on the property of a resort hotel is 23
subject to this requirement. 24
Existing law authorizes the Nevada Gaming Commission to establish a list of 25
persons who are required to be excluded or ejected from certain licensed gaming 26
establishments. Existing law authorizes the Commission and Nevada Gaming 27
Control Board to consider certain factors in determining whether to include a 28
person on the list. (NRS 463.151) In addition to the existing factors, section 4 of 29
this bill provides that the Commission and Board may also consider a second or 30
subsequent prior conviction of a crime for which the additional penalty related to 31
crimes committed on the property of a resort hotel was imposed by the court. 32
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Except as otherwise provided in NRS 193.169, any person 3
who commits a crime on the property of a resort hotel shall, in 4
addition to the term of imprisonment prescribed by statute for the 5
crime, be punished: 6
(a) If the crime is a misdemeanor or gross misdemeanor, by 7
imprisonment in the county jail for a term equal to the term of 8
imprisonment prescribed by statute for the crime; and 9
(b) If the crime is a felony, by imprisonment in the state prison 10
for a term equal to the term of imprisonment prescribed by statute 11
for the crime. 12
2. In determining the length of the additional penalty 13
imposed pursuant to this section, the court shall consider the 14
following information: 15
(a) The facts and circumstances of the crime; 16
(b) The criminal history of the person; 17
(c) The impact of the crime on any victim; 18
(d) Any mitigating factors presented by the person; and 19
(e) Any other relevant information. 20
The court shall state on the record that it has considered the 21
information described in paragraphs (a) to (e), inclusive, in 22
determining the length of the additional penalty imposed. 23
3. The sentence prescribed by this section: 24
(a) Must not exceed the sentence imposed for the crime; and 25
(b) Must run consecutively with the sentence prescribed by 26
statute for the crime. 27
4. This section does not create a separate offense but provides 28
an additional penalty for the primary offense, whose imposition is 29
contingent upon the finding of the prescribed fact. 30
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5. As used in this section, “resort hotel” means any building 1
or group of buildings that is maintained as and held out to the 2
public to be a hotel where sleeping accommodations are furnished 3
to the transient public and that has: 4
(a) More than 200 rooms available for sleeping 5
accommodations; 6
(b) At least one bar with permanent seating capacity for more 7
than 30 patrons that serves alcoholic beverages sold by the drink 8
for consumption on the premises; 9
(c) At least one restaurant with permanent seating capacity for 10
more than 60 patrons that is open to the public 24 hours each day 11
and 7 days each week; and 12
(d) A gaming area within the building or group of buildings. 13
Sec. 2. NRS 193.169 is hereby amended to read as follows: 14
193.169 1. A person who is sentenced to an additional term 15
of imprisonment pursuant to the provisions of subsection 1 of NRS 16
193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 17
193.1675, 193.1677, 193.1678, 193.168, subsection 1 of NRS 18
193.1685, NRS 453.3335, 453.3345, 453.3351 or subsection 1 of 19
NRS 453.3353 or section 1 of this act must not be sentenced to an 20
additional term of imprisonment pursuant to any of the other listed 21
sections even if the person’s conduct satisfies the requirements for 22
imposing an additional term of imprisonment pursuant to another 23
one or more of those sections. 24
2. A person who is sentenced to an alternative term of 25
imprisonment pursuant to subsection 3 of NRS 193.161, subsection 26
3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be 27
sentenced to an additional term of imprisonment pursuant to 28
subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 29
193.166, 193.167, 193.1675, 193.1677, 193.1678, 193.168, 30
453.3335, 453.3345 or 453.3351 or section 1 of this act even if the 31
person’s conduct satisfies the requirements for imposing an 32
additional term of imprisonment pursuant to another one or more of 33
those sections. 34
3. This section does not: 35
(a) Affect other penalties or limitations upon probation or 36
suspension of a sentence contained in the sections listed in 37
subsection 1 or 2. 38
(b) Prohibit alleging in the alternative in the indictment or 39
information that the person’s conduct satisfies the requirements of 40
more than one of the sections listed in subsection 1 or 2 and 41
introducing evidence to prove the alternative allegations. 42
Sec. 3. NRS 176.035 is hereby amended to read as follows: 43
176.035 1. Except as otherwise provided in subsection 3, 44
whenever a person is convicted of two or more offenses, and 45
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sentence has been pronounced for one offense, the court in imposing 1
any subsequent sentence may provide that the sentences 2
subsequently pronounced run either concurrently or consecutively 3
with the sentence first imposed. Except as otherwise provided in 4
subsections 3 and 4, if the court makes no order with reference 5
thereto, all such subsequent sentences run concurrently. For offenses 6
committed on or after July 1, 2014, if the court imposes the 7
sentences to run consecutively, the court must pronounce the 8
minimum and maximum aggregate terms of imprisonment pursuant 9
to subsection 2, unless the defendant is sentenced to life 10
imprisonment without the possibility of parole or death. 11
2. When aggregating terms of imprisonment pursuant to 12
subsection 1: 13
(a) If at least one sentence imposes a maximum term of 14
imprisonment for life with the possibility of parole, the court must 15
aggregate the minimum terms of imprisonment to determine the 16
minimum aggregate term of imprisonment, and the maximum 17
aggregate term of imprisonment shall be deemed to be 18
imprisonment in the state prison for life with the possibility of 19
parole. 20
(b) If all the sentences impose a minimum and maximum term 21
of imprisonment, the court must aggregate the minimum terms of 22
imprisonment to determine the minimum aggregate term of 23
imprisonment and must aggregate the maximum terms 24
of imprisonment to determine the maximum aggregate term of 25
imprisonment. 26
3. Except as otherwise provided in this section, whenever a 27
person under sentence of imprisonment for committing a felony 28
commits another crime constituting a felony and is sentenced to 29
another term of imprisonment for that felony, the latter term must 30
not begin until the expiration of all prior terms, including the 31
expiration of any prior aggregated terms. If the person is a 32
probationer at the time the subsequent felony is committed, the court 33
may provide that the latter term of imprisonment run concurrently 34
with any prior terms or portions thereof. 35
4. Whenever a person under sentence of imprisonment 36
commits another crime constituting a misdemeanor or gross 37
misdemeanor, the court shall provide expressly whether the sentence 38
subsequently pronounced runs concurrently or consecutively with 39
the one first imposed. 40
5. Whenever a person under sentence of imprisonment 41
commits another crime for which the punishment is death or 42
imprisonment for life without the possibility of parole, the sentence 43
must be executed without reference to the unexpired term of 44
imprisonment. 45
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6. Regardless of whether a person is under sentence of 1
imprisonment, if the person commits another crime for which the 2
punishment is death or imprisonment for life without the possibility 3
of parole, the sentence must be executed without reference to 4
eligibility for parole. 5
7. If a court imposes an additional penalty pursuant to NRS 6
193.161 to 193.1685, inclusive, and section 1 of this act, the 7
sentence imposed for the additional penalty must be aggregated with 8
the sentence imposed for the underlying offense. A prisoner upon 9
whom a sentence for an additional penalty is imposed pursuant to 10
NRS 193.161 to 193.1685, inclusive, and section 1 of this act, 11
before October 1, 2019, may elect to have the sentence imposed for 12
the additional penalty aggregated with the sentence imposed for the 13
underlying offense in accordance with subsection 5 of 14
NRS 213.1212. 15
8. This section does not prevent the State Board of Parole 16
Commissioners from paroling a person under consecutive sentences 17
of imprisonment from a current term of imprisonment to a 18
subsequent term of imprisonment. 19
9. This section must not be construed to prohibit the 20
aggregation of any sentences of imprisonment relating to different 21
cases. 22
Sec. 4. NRS 463.151 is hereby amended to read as follows: 23
463.151 1. The Legislature hereby declares that the exclusion 24
or ejection of certain persons from licensed gaming establishments 25
which conduct pari-mutuel wagering or operate any race book, 26
sports pool or games, other than slot machines only, is necessary to 27
effectuate the policies of this chapter and to maintain effectively the 28
strict regulation of licensed gaming. 29
2. The Commission may by regulation provide for the 30
establishment of a list of persons who are to be excluded or ejected 31
from any licensed gaming establishment which conducts pari-32
mutuel wagering or operates any race book, sports pool or games, 33
other than slot machines only. The list may include any person 34
whose presence in the establishment is determined by the Board and 35
the Commission to pose a threat to the interests of this state or to 36
licensed gaming, or both. 37
3. In making that determination, the Board and the 38
Commission may consider any: 39
(a) Prior conviction of a crime which is a felony in this state or 40
under the laws of the United States, a crime involving moral 41
turpitude or a violation of the gaming laws of any state; 42
(b) A second or subsequent prior conviction of a crime for 43
which an additional term of imprisonment was imposed pursuant 44
to section 1 of this act; 45
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(c) Violation or conspiracy to violate the provisions of this 1
chapter relating to: 2
(1) The failure to disclose an interest in a gaming 3
establishment for which the person must obtain a license; or 4
(2) Willful evasion of fees or taxes; 5
[(c)] (d) Notorious or unsavory reputation which would 6
adversely affect public confidence and trust that the gaming industry 7
is free from criminal or corruptive elements; or 8
[(d)] (e) Written order of a governmental agency which 9
authorizes the exclusion or ejection of the person from an 10
establishment at which gaming or pari-mutuel wagering is 11
conducted. 12
4. Race, color, creed, national origin or ancestry, sex, sexual 13
orientation, or gender identity or expression must not be grounds for 14
placing the name of a person upon the list. 15
H