S.B. 60
- *SB60*
SENATE BILL NO. 60–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SILVER
HAIRED LEGISLATIVE FORUM)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises crimes committed against older or
vulnerable persons. (BDR 15-342)
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; expanding the types of crimes that
require the imposition of an additional penalty for certain
crimes committed against an older or a vulnerable person;
increasing the penalties for residential burglary and
invasion of the home when those crimes are committed
against an older person; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the imposition of an additional penalty upon a person 1
who commits certain crimes against a person 60 years of age or older or a 2
vulnerable person, which must run consecutively with the sentence prescribed by 3
statute for the crime. (NRS 193.167) Section 1 of this bill expands the list of crimes 4
against an older or a vulnerable person that require the imposition of the additional 5
penalty to include: (1) residential burglary; (2) invasion of the home; (3) theft, or 6
attempted theft; (4) forgery, or attempted forgery; (5) larceny, or attempted larceny; 7
(6) fraud, or attempted fraud; and (7) engaging in a deceptive trade practice. 8
Existing law establishes the crime of burglary and sets forth various penalties 9
based on the structure in which the burglary is committed. A burglary of a dwelling 10
is considered residential burglary and is a category B felony punishable by 11
imprisonment in the state prison for a minimum term of not less than 1 year and a 12
maximum term of not more than 10 years. (NRS 205.060) Section 2 of this bill 13
increases the minimum term of imprisonment to not less than 2 years and the 14
maximum term of imprisonment to not more than 20 years if a person: (1) is 15
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convicted of residential burglary; and (2) causes the death of or serious bodily 16
injury to a person 60 years of age or older during the commission of the crime. 17
Existing law prohibits a person from forcibly entering a dwelling without the 18
permission of the owner, resident or lawful occupant, and makes such an invasion 19
of the home a category B felony punishable by imprisonment in the state prison for 20
a minimum term of not less than 1 year and a maximum term of not more than 10 21
years. (NRS 205.067) Section 3 of this bill increases the minimum term of 22
imprisonment to not less than 2 years and the maximum term of imprisonment to 23
not more than 20 years if a person: (1) is convicted of invasion of the home; and (2) 24
causes the death of or serious bodily injury to a person 60 years of age or older 25
during the commission of the crime. 26
Existing law provides that if a person commits certain property crimes against a 27
person 60 years of age or older or a vulnerable person for which the person is 28
subject to an additional penalty: (1) the court is prohibited from granting probation 29
to the person until the person has paid to the victim of the crime at least 80 percent 30
of the amount of restitution set by the court; (2) the State Board of Parole 31
Commissioners is prohibited from releasing the person on parole until the person 32
has paid to the victim of the crime at least 80 percent of the amount of restitution 33
set by the court; and (3) the person is liable for a civil penalty to be recovered by 34
the Attorney General in a civil action brought in the name of the State of Nevada. 35
(NRS 176A.120, 213.1216, 228.280) Sections 4 and 5 of this bill add to the list of 36
crimes for which a person is prohibited from being granted parole or released from 37
parole until the person has paid at least 80 percent of the amount of restitution set 38
by the court: (1) residential burglary; (2) invasion of the home; (3) theft, or 39
attempted theft; (4) forgery, or attempted forgery; (5) larceny, or attempted larceny; 40
(6) fraud, or attempted fraud; and (7) engaging in a deceptive trade practice. 41
Section 6 of this bill adds those additional crimes to the list of crimes for which a 42
person is also liable for a civil penalty. 43
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.167 is hereby amended to read as follows: 1
193.167 1. Except as otherwise provided in NRS 193.169, 2
any person who commits the crime of: 3
(a) Murder; 4
(b) Attempted murder; 5
(c) Assault; 6
(d) Battery; 7
(e) Kidnapping; 8
(f) Robbery; 9
(g) Sexual assault; 10
(h) Residential burglary; 11
(i) Invasion of the home; 12
(j) Theft, or attempted theft; 13
(k) Forgery, or attempted forgery; 14
(l) Larceny, or attempted larceny; 15
(m) Embezzlement of, or attempting or conspiring to embezzle, 16
money or property of a value of $650 or more; 17
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[(i)] (n) Fraud, or attempted fraud; 1
(o) Obtaining, or attempting or conspiring to obtain, money or 2
property of a value of $650 or more by false pretenses; [or 3
(j)] (p) Taking money or property from the person of another [,] 4
; or 5
(q) Engaging in a deceptive trade practice, 6
against any person who is 60 years of age or older or against a 7
vulnerable person shall, in addition to the term of imprisonment 8
prescribed by statute for the crime, be punished, if the crime is a 9
misdemeanor or gross misdemeanor, by imprisonment in the county 10
jail for a term equal to the term of imprisonment prescribed by 11
statute for the crime, and, if the crime is a felony, by imprisonment 12
in the state prison for a minimum term of not less than 1 year and a 13
maximum term of not more than 20 years. 14
2. Except as otherwise provided in NRS 193.169, any person 15
who commits a criminal violation of the provisions of chapter 90 or 16
91 of NRS against any person who is 60 years of age or older or 17
against a vulnerable person shall, in addition to the term of 18
imprisonment prescribed by statute for the criminal violation, be 19
punished, if the criminal violation is a misdemeanor or gross 20
misdemeanor, by imprisonment in the county jail for a term equal to 21
the term of imprisonment prescribed by statute for the criminal 22
violation, and, if the criminal violation is a felony, by imprisonment 23
in the state prison for a minimum term of not less than 1 year and a 24
maximum term of not more than 20 years. 25
3. In determining the length of the additional penalty imposed 26
pursuant to this section, the court shall consider the following 27
information: 28
(a) The facts and circumstances of the crime or criminal 29
violation; 30
(b) The criminal history of the person; 31
(c) The impact of the crime or criminal violation on any victim; 32
(d) Any mitigating factors presented by the person; and 33
(e) Any other relevant information. 34
The court shall state on the record that it has considered the 35
information described in paragraphs (a) to (e), inclusive, in 36
determining the length of the additional penalty imposed. 37
4. The sentence prescribed by this section: 38
(a) Must not exceed the sentence imposed for the crime or 39
criminal violation; and 40
(b) Must run consecutively with the sentence prescribed by 41
statute for the crime or criminal violation. 42
5. This section does not create any separate offense but 43
provides an additional penalty for the primary offense, whose 44
imposition is contingent upon the finding of the prescribed fact. 45
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6. As used in this section, “vulnerable person” has the meaning 1
ascribed to it in NRS 200.5092. 2
Sec. 2. NRS 205.060 is hereby amended to read as follows: 3
205.060 1. A person who, by day or night, unlawfully enters 4
or unlawfully remains in any: 5
(a) Dwelling with the intent to commit grand or petit larceny, 6
assault or battery on any person or any felony, or to obtain money or 7
property by false pretenses, is guilty of residential burglary. 8
(b) Business structure with the intent to commit grand or petit 9
larceny, assault or battery on any person or any felony is guilty of 10
burglary of a business. 11
(c) Motor vehicle, or any part thereof, with the intent to commit 12
grand or petit larceny, assault or battery on any person or any felony 13
is guilty of burglary of a motor vehicle. 14
(d) Structure other than a dwelling, business structure or motor 15
vehicle with the intent to commit grand or petit larceny, assault or 16
battery on any person or any felony is guilty of burglary of a 17
structure. 18
2. Except as otherwise provided in this section, a person 19
convicted of: 20
(a) Burglary of a motor vehicle: 21
(1) For the first offense, is guilty of a category E felony and 22
shall be punished as provided in NRS 193.130. 23
(2) For a second or subsequent offense, is guilty of a 24
category D felony and shall be punished as provided in 25
NRS 193.130. 26
(b) Burglary of a structure is guilty of a category D felony and 27
shall be punished as provided in NRS 193.130. 28
(c) Burglary of a business is guilty of a category C felony and 29
shall be punished as provided in NRS 193.130. 30
(d) Residential burglary is guilty of a category B felony and 31
shall be punished by imprisonment in the state prison for a 32
minimum term of not less than 1 year and a maximum term of not 33
more than 10 years. 34
3. If mitigating circumstances exist, a person who is convicted 35
of residential burglary may be released on probation and granted a 36
suspension of sentence if the person has not previously been 37
convicted of residential burglary or another crime involving the 38
unlawful entry or invasion of a dwelling. 39
4. Whenever any burglary pursuant to this section is committed 40
on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, 41
airplane, glider, boat or railroad car, in motion or in rest, in this 42
State, and it cannot with reasonable certainty be ascertained in what 43
county the crime was committed, the offender may be arrested and 44
tried in any county through which the vessel, vehicle, vehicle trailer, 45
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semitrailer, house trailer, airplane, glider, boat or railroad car 1
traveled during the time the burglary was committed. 2
5. A person convicted of any burglary pursuant to this section 3
who has in his or her possession or gains possession of any firearm 4
or deadly weapon at any time during the commission of the crime, at 5
any time before leaving the dwelling, structure or motor vehicle or 6
upon leaving the dwelling, structure or motor vehicle, is guilty of a 7
category B felony and shall be punished by imprisonment in the 8
state prison for a minimum term of not less than 2 years and a 9
maximum term of not more than 15 years, and may be further 10
punished by a fine of not more than $10,000. 11
6. A person convicted of residential burglary who causes the 12
death of or serious bodily injury to a person who is 60 years of age 13
or older during the commission of the crime, is guilty of a category 14
B felony and shall be punished by imprisonment in the state 15
prison for a minimum term of not less than 2 years and a 16
maximum term of not more than 20 years, and may be further 17
punished by a fine of not more than $10,000. 18
7. As used in this section: 19
(a) “Business structure” means any structure or building, the 20
primary purpose of which is to carry on any lawful effort for a 21
business, including, without limitation, any business with an 22
educational, industrial, benevolent, social or political purpose, 23
regardless of whether the business is operated for profit. 24
(b) “Dwelling” means any structure, building, house, room, 25
apartment, tenement, tent, conveyance, vessel, boat, vehicle, house 26
trailer, travel trailer, motor home or railroad car, including, without 27
limitation, any part thereof that is divided into a separately occupied 28
unit: 29
(1) In which any person lives; or 30
(2) Which is customarily used by a person for overnight 31
accommodations, 32
regardless of whether the person is inside at the time of the 33
offense. 34
(c) “Motor vehicle” means any motorized craft or device 35
designed for the transportation of a person or property across land or 36
water or through the air which does not qualify as a dwelling or 37
business structure pursuant to this section. 38
(d) “Unlawfully enters or unlawfully remains” means for a 39
person to enter or remain in a dwelling, structure or motor vehicle or 40
any part thereof, including, without limitation, under false pretenses, 41
when the person is not licensed or privileged to do so. For purposes 42
of this definition, a license or privilege to enter or remain in a part of 43
a dwelling, structure or motor vehicle that is open to the public is 44
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not a license or privilege to enter or remain in a part of the dwelling, 1
structure or motor vehicle that is not open to the public. 2
Sec. 3. NRS 205.067 is hereby amended to read as follows: 3
205.067 1. A person who, by day or night, forcibly enters a 4
dwelling without permission of the owner, resident or lawful 5
occupant, whether or not a person is present at the time of the entry, 6
is guilty of invasion of the home. 7
2. A person convicted of invasion of the home is guilty of a 8
category B felony and shall be punished by imprisonment in the 9
state prison for a minimum term of not less than 1 year and a 10
maximum term of not more than 10 years, and may be further 11
punished by a fine of not more than $10,000. A person who is 12
convicted of invasion of the home and who has previously been 13
convicted of any burglary pursuant to NRS 205.060 or invasion of 14
the home must not be released on probation or granted a suspension 15
of sentence. 16
3. Whenever an invasion of the home is committed on a vessel, 17
vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, 18
boat or railroad car, in motion or in rest, in this State, and it cannot 19
with reasonable certainty be ascertained in what county the crime 20
was committed, the offender may be arrested and tried in any county 21
through which the conveyance, vessel, boat, vehicle, house trailer, 22
travel trailer, motor home or railroad car traveled during the time the 23
invasion was committed. 24
4. A person convicted of invasion of the home who has in his 25
or her possession or gains possession of any firearm or deadly 26
weapon at any time during the commission of the crime, at any time 27
before leaving the structure or upon leaving the structure, is guilty 28
of a category B felony and shall be punished by imprisonment in the 29
state prison for a minimum term of not less than 2 years and a 30
maximum term of not more than 15 years, and may be further 31
punished by a fine of not more than $10,000. 32
5. A person convicted of invasion of the home who causes the 33
death of or serious bodily injury to a person who is 60 years of age 34
or older during the commission of the crime, is guilty of a category 35
B felony and shall be punished by imprisonment in the state 36
prison for a minimum term of not less than 2 years and a 37
maximum term of not more than 20 years, and may be further 38
punished by a fine of not more than $10,000. 39
6. As used in this section: 40
(a) “Dwelling” has the meaning ascribed to it in NRS 205.060. 41
(b) “Forcibly enters” means the entry of an inhabited dwelling 42
involving any act of physical force resulting in damage to the 43
structure. 44
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Sec. 4. NRS 176A.120 is hereby amended to read as follows: 1
176A.120 1. Except as otherwise provided in subsection 2, 2
the court shall not grant probation to a person whose conduct during 3
the commission of the crime for which the person was convicted 4
satisfies the requirements for imposing an additional term of 5
imprisonment pursuant to paragraph (h) , [or] (i) , (j), (k), (l), (m), 6
(n), (o), (p) or (q) of subsection 1 of NRS 193.167 or subsection 2 7
of NRS 193.167, until the convicted person has paid to the victim of 8
the offense at least 80 percent of the amount of restitution set by the 9
court pursuant to NRS 176.033. 10
2. The court shall not deny probation to a person as provided in 11
subsection 1 unless the court determines that the person has 12
willfully failed to make restitution to the victim of the crime and the 13
person has the ability to make restitution. 14
Sec. 5. NRS 213.1216 is hereby amended to read as follows: 15
213.1216 1. Except as otherwise provided in subsection 2, 16
the Board shall not release on parole a prisoner whose conduct 17
during the commission of the crime for which the prisoner was 18
imprisoned satisfies the requirements for imposing an additional 19
term of imprisonment pursuant to paragraph (h) , [or] (i) , (j), (k), 20
(l), (m), (n), (o), (p) or (q) of subsection 1 of NRS 193.167 or 21
subsection 2 of NRS 193.167, until the prisoner has paid to the 22
victim of the offense at least 80 percent of the amount of restitution 23
set by a court pursuant to NRS 176.033. 24
2. The Board shall not refuse to release a prisoner on parole as 25
provided in subsection 1 unless the Board determines that the 26
prisoner has willfully failed to make restitution to the victim of the 27
crime and the prisoner has the ability to make restitution. 28
Sec. 6. NRS 228.280 is hereby amended to read as follows: 29
228.280 1. In addition to any criminal penalty, a person who 30
is convicted of a crime against an older person or vulnerable person 31
for which an additional term of imprisonment may be imposed 32
pursuant to paragraph (h), (i) , [or] (j) , (k), (l), (m), (n), (o), (p) or 33
(q) of subsection 1 of NRS 193.167 or of the abuse, neglect, 34
exploitation, isolation or abandonment of an older person or 35
vulnerable person pursuant to NRS 200.5099 or 200.50995 is liable 36
for a civil penalty to be recovered by the Attorney General in a civil 37
action brought in the name of the State of Nevada: 38
(a) For the first offense, in an amount which is not less than 39
$5,000 and not more than $20,000. 40
(b) For a second or subsequent offense, in an amount which is 41
not less than $10,000 and not more than $30,000. 42
2. The Attorney General shall deposit any money collected for 43
civil penalties pursuant to subsection 1 in equal amounts to: 44
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(a) A separate account in the Fund for the Compensation of 1
Victims of Crime created pursuant to NRS 217.260 to provide 2
compensation to older persons or vulnerable persons who are: 3
(1) Victims of a crime for which an additional term of 4
imprisonment may be imposed pursuant to paragraph (h), (i) , [or] 5
(j) , (k), (l), (m), (n), (o), (p) or (q) of subsection 1 of NRS 193.167; 6
or 7
(2) Abused, neglected, exploited, isolated or abandoned in 8
violation of NRS 200.5099 and 200.50995. 9
(b) The Account for the Unit for the Investigation and 10
Prosecution of Crimes Against Older Persons or Vulnerable Persons 11
created pursuant to NRS 228.285. 12
Sec. 7. The amendatory provisions of this act apply to offenses 13
committed on or after the effective date of this act. 14
Sec. 8. This act becomes effective upon passage and approval. 15
H