New or Modified Criminal Penalties from the 2005 Legislative Session
--Prepared by Joe Tommasino (Staff Attorney for Las Vegas Justice Court)
Senate Bill 488 (effective on various dates)
Sec. 28.
1. Except as otherwise provided in subsection 2:
(a) It is unlawful for a person to manufacture, distribute or act as a guarantor of
commercial feed in this State unless the person has been issued by the
Department a license pursuant to section 30 of this act; and
(b) A person who manufactures, distributes or acts as a guarantor of commercial
feed must obtain a license from the Department for each facility in this State:
(1) Where he or she intends to manufacture or distribute commercial feed.
(2) For which he or she is a guarantor of any or all of the commercial feed
that is manufactured at or distributed from the facility.
2. A person is not required to obtain a license pursuant to subsection 1 if he or she
conducts only retail sales of commercial feed and the packaging of the commercial feed
includes a label indicating that the commercial feed is from a manufacturer or distributor
who is licensed pursuant to subsection 1.
Sec. 40.
1. It is unlawful for a person to misbrand commercial feed.
2. For the purposes of subsection 1, commercial feed is misbranded if:
(a) The label on the commercial feed does not meet the requirements set forth in
section 39 of this act or is false or misleading;
(b) Any word, statement or other information required to appear on the label
pursuant to section 39 of this act is:
(1) Not prominently or conspicuously displayed on the label; or
(2) Written in a way that is likely to be misunderstood by a person under
the conditions of customary purchase and use; or
(c) The commercial feed is distributed under the name of a different commercial
feed.
Sec. 41.
1. It is unlawful for a person to adulterate commercial feed.
2. For the purposes of subsection 1, commercial feed is adulterated if:
(a) It contains a poisonous or deleterious substance which may cause it to be
injurious to the health of an animal;
(b) It contains a poisonous, deleterious or nonnutritive substance which is unsafe
pursuant to section 406 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §
346;
(c) It contains a food additive which is unsafe pursuant to section 409 of the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;
(d) It is a raw agricultural commodity that contains a pesticide which is unsafe
pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §
346a, unless:
(1) The raw agricultural commodity has been processed using a method
such as canning, cooking, freezing, dehydrating or milling;
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(2) The residue of the pesticide has been removed to the extent possible
through such a method;
(3) The concentration of the pesticide in the commercial feed is not greater
than the tolerance prescribed for the raw agricultural commodity; and
(4) Feeding the commercial feed to an animal is not likely to result in a
pesticide residue in any edible product of the animal which is unsafe within
the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21
U.S.C. § 346a;
(e) It contains any color additive which is unsafe pursuant to section 721 of the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 379e;
(f) It contains an animal drug which is unsafe pursuant to section 512 of the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360b;
(g) It contains any filthy, putrid or decomposed substance or is for any other
reason unfit to be used as commercial feed;
(h) It has been prepared, packaged or held under unsanitary conditions whereby it
may have become contaminated with filth or may have been rendered injurious to
the health of an animal;
(i) It contains the product of a diseased animal or an animal which has died in a
manner which is unsafe within the meaning of section 402 of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. § 342;
(j) The container of the commercial feed is composed, in whole or in part, of any
poisonous or deleterious substance which may render the commercial feed
injurious to the health of an animal;
(k) It has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with a regulation or exemption in effect pursuant to section 409
of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;
(l) Any valuable component of the commercial feed has been, in whole or in part,
omitted or abstracted;
(m) The composition or quality of the commercial feed is below or differs from that
which is listed on the label;
(n) It contains a drug and the methods, facilities or controls used to manufacture,
process or package the commercial feed do not conform to current practices of
good manufacturing, unless the Department determines that such a practice is not
appropriate for use in this State; or
(o) It contains viable weed seeds in an amount which exceeds the limits
established by the Department. As used in this paragraph, “weed seeds” has the
meaning ascribed to it in NRS 587.073.
Sec. 42. It is unlawful for a person to reuse any packaging, including, without limitation, a
bag or tote for commercial feed, unless the packaging is cleaned pursuant to the ethods
prescribed by the Department.
Senate Bill 464 (effective on 5/29/15)
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. A person shall not sell, offer for sale or otherwise distribute or purchase,
possess or use powdered alcohol.
2. A person who violates the provisions of subsection 1 is guilty of a
misdemeanor.
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3. As used in this section, “powdered alcohol” means any powdered or
crystalline substance containing any amount of alcohol that is used for direct
consumption or for reconstitution.
Senate Bill 447 (effective on 7/1/15)
Sec. 7. NRS 453.339 is hereby amended to read as follows:
1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, and sections
1.2 to 1.5, inclusive, of this act, a person who knowingly or intentionally sells,
manufactures, delivers or brings into this State or who is knowingly or intentionally in
actual or constructive possession of marijuana or concentrated cannabis shall be
punished, if the quantity involved:
(a) Is [100] 50 pounds or more, but less than [2,000] 1,000 pounds, of
marijuana or 1 pound or more, but less than 20 pounds, of concentrated
cannabis, for a category C felony as provided in NRS 193.130 and by a fine of
not more than $25,000.
(b) Is [2,000] 1,000 pounds or more, but less than [10,000] 5,000 pounds, of
marijuana or 20 pounds or more, but less than 100 pounds, of concentrated
cannabis, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 10
years and by a fine of not more than $50,000.
(c) Is [10,000] 5,000 pounds or more [,] of marijuana or 100 pounds or more
of concentrated cannabis, for a category A felony by imprisonment in the state
prison:
(1) For life with the possibility of parole, with eligibility for parole beginning
when a minimum of 5 years has been served; or
(2) For a definite term of 15 years, with eligibility for parole beginning
when a minimum of 5 years has been served, and by a fine of not more
than $200,000.
2. For the purposes of this section:
(a) “Marijuana” means all parts of any plant of the genus Cannabis, whether
growing or not. The term does not include concentrated cannabis.
(b) The weight of marijuana or concentrated cannabis is its weight when seized
or as soon as practicable thereafter. If marijuana and concentrated cannabis
are seized together, each must be weighed separately and treated as
separate substances.
Sec. 8. NRS 453.3393 is hereby amended to read as follows:
1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate,
harvest, dry, propagate or process marijuana, except as specifically authorized by the
provisions of this chapter or chapter 453A of NRS.
2. Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who
violates subsection 1, if the quantity involved is more than 12 marijuana plants,
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irrespective of whether the marijuana plants are mature or immature, is guilty of a
category E felony and shall be punished as provided in NRS 193.130.
3. A person shall not knowingly or intentionally extract concentrated cannabis,
except as specifically authorized by the provisions of chapter 453A of NRS.
Unless a greater penalty is provided in NRS 453.339, a person who violates this
subsection is guilty of a category C felony and shall be punished as provided in
NRS 193.130.
4. In addition to any punishment imposed pursuant to [subsection 2,] this section, the
court shall order a person convicted of a violation of [subsection 1] this section to pay
all costs associated with any necessary cleanup and disposal related to the
manufacturing, growing, planting, cultivation, harvesting, drying, propagation or
processing of the marijuana [.] or the extraction of concentrated cannabis.
Senate Bill 443 (effective on 6/2/15)
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set
forth as sections 2 and 3 of this act.
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Sec. 3. 1. A race book or sports pool may accept wagers from a business entity if
the business entity has established a wagering account with the race book or
sports pool and provided the information required pursuant to subsection 2. The
business entity shall:
(a) Be deemed to be a patron for the purposes of this chapter and chapter
465 of NRS.
(b) Place wagers in compliance with all applicable state and federal laws.
2. A business entity that wishes to establish a wagering account with a race book
or sports pool shall provide to the race book or sports pool:
(a) The name, residential address, copy of a valid photo identification
which evidences that the person is at least 21 years of age, and social
security number or individual taxpayer identification number, of each of the
business entity’s equity owners, holders of indebtedness, directors,
officers, managers and partners, anyone entitled to payments based on the
profits or revenues and any designated individuals;
(b) The business entity’s formation documents and all filings with the
Secretary of State pursuant to title 7 of NRS;
(c) Any other documentation or information the Commission may require;
and
(d) Any other documentation or information the race book or sports pool
may require.
3. A business entity shall update the information provided pursuant to
subsection 2 within 5 business days after any change in the information or
status.
4. A business entity shall:
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(a) In addition to the books and records required by law to be kept in this
State, keep in this State originals or copies of the records received from the
race book or sports pool for all wagers placed;
(b) Maintain an account in this State with a bank or other financial
institution having a principal office, branch or agency located in this State,
from which it shall transfer and receive all money used in wagering with an
operator of a race book or sports pool; and
(c) Make any records pursuant to this subsection available for review by
the Board or its agents.
5. Notwithstanding the provisions of NRS 463.350, a race book or sports pool may
accept wagers from a designated individual of a business entity which has
established a wagering account with the race book or sports pool.
6. A business entity and any designated individual that places a wager with a race
book or sports pool pursuant to this section must not be considered to be
engaged in the unlawful accepting or facilitating of any bet or wager.
7. It is unlawful for any person either solely or in conjunction with others:
(a) To knowingly pay or distribute profits or any compensation to a
designated individual or equity owner who is not disclosed to the race
book or sports pool pursuant to subsection 2;
(b) To knowingly pay or distribute a percentage of revenue derived from the
wagering activity of a business entity to a person who is not disclosed to
the race book or sports pool pursuant to subsection 2;
(c) To wager with money received from a person who is not disclosed to
the race book or sports pool pursuant to subsection 2;
(d) To place a wager on behalf of a person who is not disclosed to the race
book or sports pool pursuant to subsection 2; or
(e) To knowingly submit any false information as required by this section.
8. The Commission may, with the advice and assistance of the Board, adopt
regulations as it deems necessary to carry out the provisions of this section.
9. As used in this section:
(a) “Business entity” means an entity organized and existing under the
laws of this State.
(b) “Designated individual” means a person listed as an officer, director,
partner or manager of a business entity in the business entity’s filings with
the Secretary of State pursuant to title 7 of NRS, and any other natural
person authorized by the business entity in writing to place wagers.
Sec. 3.5. NRS 463.360 is hereby amended to read as follows:
...
3. Except as otherwise provided in subsection 4, a person who willfully violates,
attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS
463.160 or section 3 of this act is guilty of a category B felony and 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 10 years, by a fine of not more than $50,000, or by
both fine and imprisonment. . . .
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Senate Bill 417 (effective on 7/1/15)
Section 1. NRS 503.010 is hereby amended to read as follows:
1. Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is
unlawful to [molest, rally, stir up or drive] harass any game mammals or game birds
with an aircraft, helicopter or motor-driven vehicle, including a motorboat or
sailboat.
...
6. It is unlawful to:
(a) Use any information obtained from a radio signal or other transmission
received from any transmitting device;
(b) Make use of equipment designed to receive a radio signal or other
transmission from a transmitting device; or
(c) Use any location information obtained from records maintained by the
Department within 1 year after the date on which the information was collected,
including, without limitation, records of information received from a transmitting
device,
to harass or take any game mammal, game bird or other wildlife.
7. It is unlawful to make use of equipment designed to receive a radio signal or
other transmission from a transmitting device for any purpose without written
authorization of the Department.
8. The provisions of subsection 1 do not apply to an employee or agent of the
Department who, while carrying out his or her duties, conducts a survey of wildlife with
the use of an aircraft.
[7.] 9. As used in this section [, “game] :
(a) “Aircraft” includes, without limitation, any device that is used for navigation
of, or flight in, the air.
(b) “Game bird” does not include a raven , even if classified as a game bird pursuant to
NRS 501.110.
(c) “Harass” means to molest, chase, rally, concentrate, herd, intercept, torment
or drive.
(d) “Transmitting device” means any collar or other device which is attached to
any game mammal, game bird or other wildlife or which is placed for the express
purpose of detecting any game mammal, game bird or other wildlife and emits an
electronic
signal or uses radio telemetry or a satellite transmission to determine the location
of the game mammal, game bird or other wildlife.
Senate Bill 376 (effective on 6/9/15)
Sec. 22. 1. Each person responsible for maintaining the records of a taxpayer
shall:
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(a) Keep such records as may be necessary to determine the amount of the
liability of the taxpayer pursuant to the provisions of this chapter;
(b) Preserve those records for 4 years or until any litigation or prosecution
pursuant to this chapter is finally determined, whichever is longer; and
(c) Make the records available for inspection by the Department upon demand at
reasonable times during regular business hours.
2. Any person who violates the provisions of subsection 1 is guilty of a
misdemeanor.
Sec. 31. 1. A person shall not, with intent to defraud the State or evade payment
of the excise tax imposed by sections 28, 51 and 52 of Assembly Bill No. 175 of
this session or any part of the taxes:
(a) Make, cause to be made or permit to be made any false or fraudulent return or
declaration or false statement in any return or declaration.
(b) Make, cause to be made or permit to be made any false entry in books,
records or accounts.
(c) Keep, cause to be kept or permit to be kept more than one set of books,
records or accounts.
2. Any person who violates the provisions of subsection 1 is guilty of a gross
misdemeanor.
Senate Bill 354 (effective on 1/1/16)
Sec. 4. NRS 484B.297 is hereby amended to read as follows:
1. [Where] Except as otherwise provided in subsection 6, where sidewalks are
provided, it is unlawful for any pedestrian to walk along and upon an adjacent highway.
2. [Pedestrians] Except as otherwise provided in subsection 6, pedestrians walking
along highways where sidewalks are not provided shall walk on the left side of those
highways facing the approaching traffic.
...
6. A pedestrian walking or otherwise traveling on a sidewalk who encounters an
obstruction to his or her mobility on the sidewalk, including, without limitation, a
short section of the sidewalk that is missing or impassable, may proceed with
due care on the immediately adjacent highway to move around such an
obstruction. Such a pedestrian:
(a) Must walk or otherwise travel as far to the side of the highway near the
sidewalk as possible;
(b) May walk or otherwise travel on the highway in the direction he or she
was walking or traveling on the sidewalk, regardless of the direction of
traffic;
(c) May walk or otherwise travel in a lane provided for bicycles or electric
bicycles if the area between the lane and the sidewalk is impassable; and
(d) Must return to the sidewalk as soon as practicable.
7. A person who violates the provisions of this section is guilty of a misdemeanor.
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Senate Bill 273 (effective on 7/1/15)
Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. Subject to the provisions of the Health Insurance Portability and Accountability
Act of 1996, Public Law 104-191, or any other federal law or regulation:
(a) A custodian of health care records having custody of any health care
records of a provider of health care pursuant to this chapter shall not
prevent the provider of health care from physically inspecting the health
care records or receiving copies of those records upon request by the
provider of health care in the manner specified in NRS 629.061.
(b) If a custodian of health care records specified in paragraph (a) ceases
to do business in this State, the custodian of health care records shall,
within 10 days after ceasing to do business in this State, deliver the health
care records of the provider of health care, or copies thereof, to the
provider of health care.
2. A custodian of health care records who violates a provision of this section is
guilty of a gross misdemeanor and shall be punished by imprisonment in the
county jail for not more than 364 days, or by a fine of not more than $25,000 for
each violation, or by both fine and imprisonment.
3. In addition to any criminal penalties imposed pursuant to subsection 2, a
custodian of health care records who violates a provision of this section is
subject to a civil penalty of not less than $10,000 for each violation, to be
recovered in a civil action brought in the district court in the county in which the
provider of health care’s principal place of business is located or in the district
court of Carson City.
4. As used in this section, “custodian of health care records” means any person
having custody of any health care records pursuant to this chapter. The term
does not include:
(a) A facility for hospice care, as defined in NRS 449.0033;
(b) A facility for intermediate care, as defined in NRS 449.0038;
(c) A facility for skilled nursing, as defined in NRS 449.0039;
(d) A hospital, as defined in NRS 449.012; or
(e) A psychiatric hospital, as defined in NRS 449.0165.
Senate Bill 245 (effective on 10/1/15)
Sec. 2. NRS 484E.010 is hereby amended to read as follows:
1. The driver of any vehicle involved in an accident on a highway or on premises to
which the public has access resulting in bodily injury to or the death of a person shall
immediately stop his or her vehicle at the scene of the accident or as close thereto as
possible, and shall forthwith return to and in every event shall remain at the scene of
the accident until the driver has fulfilled the requirements of NRS 484E.030.
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2. Every such stop must be made without obstructing traffic more than is necessary.
3. A person failing to comply with the provisions of subsection 1 is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum term of
not less than 2 years and a maximum term of not more than [15] 20 years and by a fine
of not less than $2,000 nor more than $5,000. A person failing to comply with the
provisions of subsection 1
commits a separate offense under this section for the bodily injury to or the death
of each person that results from an accident with regard to which the person
failed to comply with the provisions of subsection 1.
4. A sentence imposed pursuant to subsection 3 may not be suspended nor may
probation be granted.
Sec. 3. The amendatory provisions of this act apply to an offense committed on or after
October 1, 2015.
Senate Bill 225 (effective on 10/1/15)
Sec. 2. NRS 202.2493 is hereby amended to read as follows:
...
2. Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person
to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description ,
[or] products made or derived from tobacco , vapor products or alternative nicotine
products to any child under the age of 18 years. A person who violates this subsection
shall be punished by a fine of not more than $500 and a civil penalty of not more than
$500. 3. A person shall be deemed to be in compliance
Senate Bill 212 (effective on 7/1/15)
Sec. 3. NRS 392.910 is hereby amended to read as follows: 392.910 1. [It is unlawful
for any person to disturb the peace of any public school by using vile or indecent
language within the building or grounds of the school. Any person who violates any of
the provisions of this subsection is guilty of a misdemeanor. 2.]
Senate Bill 197 (effective on 10/1/15)
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. A person shall not file, register or record, or present for filing, registration or
recording, in any public office, a lien or other encumbrance against the real or
personal property of a public officer, candidate for public office, public employee
or participant in an official proceeding, or a member of the immediate family of a
public officer, candidate for public office, public employee or participant, which is
based on the performance of or failure to perform a duty relating to the office,
employment or participation by the public officer, candidate for public office,
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public employee or participant if the person knows or has reason to know that the
lien or encumbrance:
(a) Is forged or fraudulently altered;
(b) Contains a false statement of material fact; or
(c) Is being filed, registered, recorded or presented in bad faith or for the
purpose of harassing or defrauding any person.
2. Except as otherwise provided in subsection 3, a person who violates this
section is guilty of a category B felony and shall be punished:
(a) For a first offense, by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 10
years, or by a fine of not more than $20,000, or by both fine and
imprisonment.
(b) For a second or subsequent offense, by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of
not more than 20 years, or by a fine of not more than $50,000, or by both
fine and imprisonment.
3. A person whose violation of this section is part of a pattern, or consistent with
a practice, of committing such violations is guilty of a category B felony and shall
be punished:
(a) For a first offense, by imprisonment in the state prison for a minimum
term of not less than 3 years and a maximum term of not more than 20
years, or by a fine of not more than $100,000, or by both fine and
imprisonment.
(b) For a second or subsequent offense, by imprisonment in the state
prison for a minimum term of not less than 5 years and a maximum term of
not more than 20 years, or by a fine of not more than $150,000, or by both
fine and imprisonment.
4. In addition to the criminal penalties imposed for a violation of this section, a
person who violates this section is subject to a civil penalty of not more than
$20,000 for each violation. This penalty may be recovered in a civil action,
brought in the name of the State of Nevada by the Attorney General. In such an
action, the Attorney General may recover reasonable attorney’s fees and costs.
5. A person who violates this section is liable in a civil action brought pursuant to
this section for:
(a) Actual damages caused by each separate violation of this section or
$20,000 for each separate violation of this section, whichever is greater;
(b) All costs of bringing and maintaining the action, including investigative
expenses and fees for expert witnesses;
(c) Reasonable attorney’s fees; and
(d) Any punitive damages that the facts may warrant.
The civil action may be brought by any person who is damaged by a violation of
this section, including, without limitation, any person who is damaged as the
result of an action taken in reliance on a lien or encumbrance that is filed,
registered or recorded in violation of this section.
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6. For the purposes of this section, a person’s violation of this section is part of a
pattern, or consistent with a practice, of committing such violations if the person
commits one or more violations of this section in two or more transactions:
(a) Which have the same or similar pattern, purposes, results, accomplices,
victims or methods of commission, or are otherwise interrelated by
distinguishing characteristics;
(b) Which are not isolated incidents within the immediately preceding 4
years; and
(c) In which the aggregate loss or intended loss is more than $250.
7. As used in this section:
(a) “Encumbrance” includes, without limitation, a lis pendens or other
notice of the pendency of an action.
(b) “Immediate family” means persons who are related by blood, adoption
or marriage, within the first degree of consanguinity or affinity.
(c) “Lien” means a charge against or an interest in property which is used
as security for the payment of a debt or the performance of an obligation.
The term includes, without limitation, a judicial lien obtained by legal or
equitable process or proceedings, a common-law lien, a statutory lien and
a security interest.
(d) “Participant in an official proceeding” includes, without limitation, a
juror or witness in a judicial or administrative proceeding or a referee,
arbitrator, mediator, appraiser, assessor or other person authorized by law
to hear or determine any controversy or matter.
Senate Bill 192 (effective on 10/1/15)
Sec. 10. NRS 201.540 is hereby amended to read as follows:
1. Except as otherwise provided in subsection [4,] 3, a person who:
(a) Is 21 years of age or older;
(b) Is or was employed [in a position of authority] by a public school or private
school or is or was volunteering [in a position of authority] at a public or private
school; and
(c) Engages in sexual conduct with a pupil who is 16 [or 17] years of age or
older, who has not received a high school diploma, a general educational
development certificate or an equivalent document and:
(1) Who is or was enrolled in or attending the public school or private
school at which the person is or was employed or volunteering; or
(2) With whom the person has had contact in the course of performing his
or her duties as an employee or volunteer,
is guilty of a category C felony and shall be punished as provided in NRS
193.130.
2. Except as otherwise provided in subsection [4,] 3, a person who:
(a) Is 21 years of age or older;
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(b) Is or was employed [in a position of authority] by a public school or private
school or is or was volunteering [in a position of authority] at a public or private
school; and
(c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and:
(1) Who is or was enrolled in or attending the public school or private
school at which the person is or was employed or volunteering; or
(2) With whom the person has had contact in the course of performing his
or her duties as an employee or volunteer,
is guilty of a category B felony and 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 may be further punished by a fine of not more than
$5,000.
3. [For the purposes of subsections 1 and 2, a person shall be deemed to be or have
been employed in a position of authority by a public school or private school or deemed
to be or have been volunteering in a position of authority at a public or private school if
the person is or was employed or volunteering as: (a) A teacher or instructor; (b) An
administrator; (c) A head or assistant coach; or (d) A teacher’s aide or an auxiliary,
nonprofessional employee who assists licensed personnel in the instruction or
supervision of pupils pursuant to NRS 391.100. 4.] The provisions of this section do not
apply to a person who is married to the pupil.
4. The provisions of this section must not be construed to apply to sexual
conduct between two pupils.
Sec. 11. NRS 201.550 is hereby amended to read as follows:
1. Except as otherwise provided in subsection 3, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a college or university; and
(c) Engages in sexual conduct with a student who is 16 [or 17] years of age [and]
or older, who has not received a high school diploma, a general educational
development certificate or an equivalent document and who is enrolled in or
attending the college or university at which the person is employed,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. For the purposes of subsection 1, a person shall be deemed to be employed in a
position of authority by a college or university if the person is employed as:
(a) A teacher, instructor or professor;
(b) An administrator; or
(c) A head or assistant coach.
3. The provisions of this section do not apply to a person who is married to the student.
4. The provisions of this section must not be construed to apply to sexual
conduct between two students.
Senate Bill 175 (effective on 6/2/15)
Sec. 5. Chapter 33 of NRS is hereby amended by adding thereto a new section to read
as follows:
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1. If a court issues an extended order pursuant to NRS 33.030, the adverse party
shall not subsequently purchase or otherwise acquire any firearm during the
period that the extended order is in effect.
2. A person who violates the provisions of subsection 1 is guilty of a category B
felony and 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
may be further punished by a fine of not more than $5,000.
Senate Bill 160 (effective on 5/30/15)
Sec. 3.5. Chapter 207 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. A person shall not:
(a) Jump or otherwise remove himself or herself, by parachute or by other
airborne means, from a fixed structure owned by another person or any
fixture or appurtenance attached thereto; or
(b) Knowingly and intentionally deliver or retrieve another person who
intends to commit, is committing or has committed an act specified in
paragraph (a).
2. A person who violates any provision of subsection 1:
(a) Shall be deemed to be a trespasser for the purposes of section 2 of this
act.
(b) Is guilty of a category E felony and shall be punished as provided in
NRS 193.130.
3. This section does not apply to:
(a) An emergency involving public safety or damage to property, loss of life
or injury to any person; or
(b) An act committed pursuant to the terms and conditions of a lawfully
issued permit.
Senate Bill 144 (effective on 10/1/15)
Section 1. Chapter 484B of NRS is hereby amended by adding thereto a new section to
read as follows:
1. Except as otherwise provided in subsections 2 and 4, a person who is
convicted of a violation of a speed limit, or of NRS 484B.150, 484B.163, 484B.165,
484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.280, 484B.283,
484B.287, 484B.300, 484B.303, 484B.307, 484B.317, 484B.320, 484B.327, 484B.403,
484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that
occurred in an area designated as a pedestrian safety zone may be punished by
imprisonment or by a fine, or both, for a term or an amount equal to and in
addition to the term of imprisonment or amount of the fine, or both, that the court
imposes for the primary offense. Any term of imprisonment imposed pursuant to
13
this subsection runs consecutively with the sentence prescribed by the court for
the crime. This subsection does not create a separate offense, but provides an
additional penalty for the primary offense, whose imposition is discretionary with
the court and contingent upon the finding of the prescribed fact.
2. The additional penalty imposed pursuant to subsection 1 must not exceed a
total of $1,000, 6 months of imprisonment or 120 hours of community service.
3. A governmental entity that designates a pedestrian safety zone shall cause to
be erected:
(a) A sign located before the beginning of the pedestrian safety zone which
provides notice that higher fines may apply in pedestrian safety zones;
(b) A sign to mark the beginning of the pedestrian safety zone; and
(c) A sign to mark the end of the pedestrian safety zone.
4. A person who would otherwise be subject to an additional penalty pursuant to
this section is not subject to such an additional penalty if, with respect to the
pedestrian safety zone in which the violation occurred:
(a) A sign is not erected before the beginning of the pedestrian safety zone
as required by paragraph (a) of subsection 3 to provide notice that higher
fines may apply in pedestrian safety zones; or
(b) Signs are not erected as required by paragraphs (b) and (c) of
subsection 3 to mark the beginning and end of the pedestrian safety zone.
5. The governing body of a local government or the Department of Transportation
may designate a pedestrian safety zone on a highway if the governing body or the
Department of Transportation:
(a) Makes findings as to the necessity and appropriateness of a pedestrian
safety zone, including, without limitation, any circumstances on or near a
highway which make an area of the highway dangerous for pedestrians;
and
(b) Complies with the requirements of subsection 3 and NRS 484A.430 and
484A.440.
Sec. 18. NRS 484B.307 is hereby amended to read as follows:
...
7. Where the signal is a flashing yellow turn arrow, displayed alone or in
combination with another signal:
(a) Vehicular traffic facing the signal is permitted to cautiously enter the
intersection only to make the movement indicated by the arrow signal, or
other such movement as is permitted by other signal indications displayed
at the same time. Such vehicular traffic must yield the right-of-way to
pedestrians lawfully within the intersection or an adjacent crosswalk and
yield the right-of-way to other traffic lawfully within the intersection.
(b) Pedestrians facing such a signal, unless otherwise directed by another
device as provided in NRS 484B.283, are thereby advised that there may be
insufficient time to cross the highway, but may proceed across the
highway within the appropriate marked or unmarked crosswalk. . . .
14
Sec. 22. NRS 484B.363 is hereby amended to read as follows
...
3. The driver of a vehicle shall not make a U-turn in an area designated as a
school zone or school crossing zone except:
(a) When there are no children present;
(b) On a day on which school is not in session;
(c) During the period from a half hour after school is no longer in operation
to a half hour before school is next in operation;
(d) If the zone is designated by an operational speed limit beacon, during
the hours when the pupils of the school are in class and the yellow lights of
the speed limit beacon are not flashing in the manner which indicates that
the speed limit is in effect; or
(e) If the zone is not designated by an operational speed limit beacon,
during the times when the sign designating the school zone or school
crossing zone indicates that the speed limit is not in effect.
4. The driver of a vehicle shall not overtake and pass another vehicle traveling in
the same direction in an area designated as a school zone or school crossing
zone except:
(a) On a day on which the school is not in session;
(b) During the period from a half hour after school is no longer in operation
to a half hour before school is next in operation;
(c) If the zone is designated by an operational speed limit beacon, during
the hours when the pupils of the school are in class and the yellow lights of
the speed limit beacon are not flashing in the manner which indicates that
the speed limit is in effect; or
(d) If the zone is not designated by an operational speed limit beacon,
during the times when the sign designating the school zone or school
crossing zone indicates that the speed limit is not in effect. . . .
Senate Bill 114 (effective on 10/1/15)
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. Except as otherwise provided in this section, the Board shall allow a law
enforcement officer to have Internet access to the database of the computerized
program developed pursuant to NRS 453.1545 if:
(a) The primary responsibility of the law enforcement officer is to conduct
investigations of crimes relating to prescription drugs;
(b) The law enforcement officer has been approved by his or her employer
to have such access;
(c) The law enforcement officer has completed the course of training
developed pursuant to subsection 7 of NRS 453.1545; and
(d) The employer of the law enforcement officer has submitted the
certification required pursuant to subsection 2 to the Board.
2. Before a law enforcement officer may be given access to the database
pursuant to subsection 1, the employer of the officer must certify to the Board
15
that the law enforcement officer has been approved to be given such access and
meets the requirements of subsection 1. Such certification must be made on a
form provided by the Board and renewed annually.
3. When a law enforcement officer accesses the database of the computerized
program pursuant to this section, the officer must enter a unique user name
assigned to the officer and the case number corresponding to the investigation
being conducted by the officer.
4. A law enforcement officer who is given access to the database of the
computerized program pursuant to subsection 1 may access the database to
investigate a crime related to prescription drugs and for no other purpose.
5. The employer of a law enforcement officer who is provided access to the
database of the computerized program pursuant to this section shall monitor the
use of the database by the law enforcement officer and establish appropriate
disciplinary action to take against an officer who violates the provisions of this
section.
6. The Board or the Division may suspend or terminate access to the database of
the computerized program pursuant to this section if a law enforcement officer or
his or her employer violates any provision of this section.
7. As used in this section, “law enforcement officer” means any person upon
whom some or all of the powers of a peace officer are conferred pursuant to NRS
289.150 to 289.360, inclusive.
...
Sec. 3. NRS 453.552 is hereby amended to read as follows:
1. Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, and section
1 of this act is in addition to, and not in lieu of, any civil or administrative penalty or
sanction otherwise authorized by law.
2. Any violation of the provisions of NRS 453.011 to 453.551,
inclusive, and section 1 of this act where no other penalty is specifically provided, is a
misdemeanor.
Senate Bill 58 (effective on 7/1/15)
Section 1. NRS 62H.025 is hereby amended to read as follows:
62H.025 1. Juvenile justice information [must be maintained in accordance with federal
law, and any provision of federal law authorizing the release of juvenile justice
information must be construed as broadly as possible in favor of the release of juvenile
justice information.] is confidential and may only be released in accordance with
the provisions of this section or as expressly authorized by other federal or state
law.
16
2. For the purpose of ensuring the safety, permanent placement, rehabilitation,
educational success and well-being of a child [,] or the safety of the public, a [director
of] juvenile [services or the Chief of the Youth Parole Bureau, or his or her designee,]
justice agency may [, upon written request and good cause shown, share appropriate]
release juvenile justice information [with:] to:
...
(i) A parent or guardian of the child ; [if the release of the information to the
parent or guardian is consistent with the purposes of this section; or]
(j) The child to whom the juvenile justice information pertains if the child has
reached the age of majority [.] , or a person who presents a release that is
signed by the child who has reached the age of majority and which
specifies the juvenile justice
information to be released and the purpose for the release;
(k) A school district, if the juvenile justice agency and the school district
have entered into a written agreement to share juvenile justice information
for a purpose consistent with the purposes of this section;
(l) A person or organization who has entered into a written agreement with
the juvenile justice agency to provide assessments or juvenile justice
services;
(m) A person engaged in bona fide research that may be used to improve
juvenile justice services or secure additional funding for juvenile justice
services if the juvenile justice information is provided in the aggregate and
without any personal identifying information; or
(n) A person who is authorized by a court order to receive the juvenile
justice information, if the juvenile justice agency was provided with notice
and opportunity to be heard before the issuance of the order.
...
5. Except as otherwise provided in this subsection, any person who is provided
with juvenile justice information pursuant to this section and who further
disseminates the information or makes the information public is guilty of a gross
misdemeanor. This subsection does not apply to:
(a) A district attorney who uses the information solely for the purpose of
initiating legal proceedings; or
(b) A person or organization described in subsection 2 who provides a
report concerning juvenile justice information to a court or other party
pursuant to this title or chapter 432B of NRS.
6. As used in this section [, “juvenile] :
(a) “Juvenile justice agency” means the Youth Parole Bureau or a director
of juvenile services.
(b) “Juvenile justice information” means any information [maintained by a
director of juvenile services or the Chief of the Youth Parole Bureau, or his or her
designee,] which is directly related to a child in need of supervision, a delinquent
child or any other child who is otherwise subject to the jurisdiction of the juvenile
court.
17
Sec. 1.5. NRS 432B.290 is hereby amended to read as follows:
...
10. [Any] Except as otherwise provided in this subsection, any person [, except
for:] who is provided with information maintained by an agency which provides
child welfare services
and who further disseminates the information or makes the information public is
guilty of a gross misdemeanor. This subsection does not apply to:
(a) A district attorney or other law enforcement officer who uses the information
solely for the purpose of initiating legal proceedings; [or]
(b) An employee of the Division of Parole and Probation of the Department of
Public Safety making a presentence investigation and report to the district court
pursuant to NRS 176.135 or making a general investigation and report pursuant
to NRS 176.151 [, � who is provided with information maintained by an agency
which provides child welfare services and further disseminates this information,
or who makes this information public, is guilty of a gross misdemeanor.] ; or
(c) An employee of a juvenile justice agency who provides the information
to the juvenile court.
...
13. As used in this section, “juvenile justice agency” means the Youth Parole
Bureau or a director of juvenile services.
Senate Bill 43 (effective on 10/1/15)
Section 1. NRS 484B.560 is hereby amended to read as follows:
...
5. It is unlawful for the driver of any vehicle, when crossing at grade any track or
tracks of a railroad, to fail to completely cross the track or tracks without
stopping due to insufficient:
(a) Space for the vehicle on the opposite side of the railroad crossing; or
(b) Undercarriage clearance of the vehicle.
6. As used in this section, “completely cross” means to travel across a railroad
track or tracks in such a manner that the trailing end of the vehicle is 15 feet or
more past the nearest rail of the railroad track or tracks.
Senate Bill 40 (effective on 10/1/15)
Section 1. Chapter 465 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. Except as otherwise provided by law, it is unlawful for a person to receive,
directly or indirectly, any compensation or reward, or any percentage or share of
the money or property played, for accepting any bet or wager upon the result of
any event held at a track involving a horse or other animal, sporting event or
other event, as defined by regulations adopted by the Nevada Gaming
Commission, without having first procured, and thereafter maintaining in effect,
all federal, state, county and municipal gaming licenses as required by statute,
regulation or ordinance or by the governing body of any unincorporated town.
18
2. Except as otherwise provided by law, it is unlawful for a person to:
(a) Accept or facilitate any bet or wager that is placed with a person
described in subsection 1; or
(b) Transmit or deliver anything of value resulting from a bet or wager to a
person who has placed a bet or wager with a person described in
subsection 1.
3. The provisions of this section do not make it unlawful for a race book or sports
pool that is licensed pursuant to chapter 463 of NRS to, without knowledge,
accept a bet or wager from or pay a winning bet or wager to a person described in
subsection 1 or 2.
Sec. 2. NRS 465.088 is hereby amended to read as follows:
465.088 1. A person who violates any provision of NRS 465.070 to 465.085, inclusive,
and section 1 of this act, is guilty of a category B felony and shall be punished:
(a) For the first offense, 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, or by a
fine of not more than $10,000, or by both fine and imprisonment.
(b) For a second or subsequent violation of any of these provisions, 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 may be further punished by a fine
of not more than $10,000. The court shall not suspend a sentence of
imprisonment imposed pursuant to this paragraph, or grant probation to the
person convicted.
2. A person who attempts, or two or more persons who conspire, to violate any
provision of NRS 465.070 to 465.085, inclusive, and section 1 of this act, each is
guilty of a category B felony and shall be punished by imposing the penalty provided in
subsection 1 for the completed crime, whether or not he or she personally played any
gambling game or used any prohibited device.
Senate Bill 26 (effective on 5/6/15)
Section 1. Chapter 353C of NRS is hereby amended by adding thereto the provisions
set forth as sections 2 to 9, inclusive, of this act.
...
Sec. 7. 1. It is unlawful for an employer to use the withholding of income to collect
an obligation to pay money to the State Controller as a basis for refusing to hire a
potential employee, discharging an employee or taking disciplinary action against
an employee. Any employer who violates this section shall hire or reinstate any
such employee with no loss of pay or benefits, is liable for any amounts not
withheld and must be fined $1,000. If an employee prevails in an action based on
this section, the employer is liable, in an amount not less than $2,500, for
payment of the employee’s costs and attorney’s fees incurred in that action.
2. If an employer wrongfully refuses to withhold income as required pursuant to
sections 2 to 9, inclusive, of this act or knowingly misrepresents the income of an
employee, the employer shall pay the amount the employer refused to withhold to
19
the State Controller and may be ordered to pay punitive damages to the State
Controller in an amount not to exceed $1,000 for each pay period the employer
failed to withhold income as required or knowingly misrepresented the income of
the employee.
Senate Bill 2 (effective on 10/1/15)
Section 1. NRS 484B.600 is hereby amended to read as follows:
1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
(a) A rate of speed greater than is reasonable or proper, having due regard for
the traffic, surface and width of the highway, the weather and other highway
conditions.
(b) Such a rate of speed as to endanger the life, limb or property of any person.
(c) A rate of speed greater than that posted by a public authority for the particular
portion of highway being traversed.
(d) In any event, a rate of speed greater than [75] 80 miles per hour.
...
Sec. 2. NRS 484B.613 is hereby amended to read as follows:
1. The Department of Transportation may establish the speed limits for motor vehicles
on highways which are constructed and maintained by the Department of
Transportation under the authority granted to it by chapter 408 of NRS.
2. Except as otherwise provided by federal law, the Department of Transportation may
establish a speed limit on such highways not to exceed [75] 80 miles per hour and may
establish a lower speed limit:
(a) Where necessary to protect public health and safety.
(b) For trucks, overweight and oversized vehicles, trailers drawn by motor
vehicles and buses.
....
Sec. 3. NRS 484B.617 is hereby amended to read as follows:
1. Except as otherwise provided in subsection 3, a person driving a motor vehicle during
the hours of daylight at a speed in excess of the speed limit posted by a public authority
for the portion of highway being traversed shall be punished by a fine of $25 if:
(a) The posted speed limit is 60 miles per hour and the person is not exceeding a
speed of 70 miles per hour.
(b) The posted speed limit is 65 miles per hour and the person is not exceeding a
speed of 75 miles per hour.
(c) The posted speed limit is 70 miles per hour and the person is not exceeding a
speed of 75 miles per hour.
(d) The posted speed limit is 75 miles per hour and the person is not
exceeding a speed of 80 miles per hour.
20
(e) The posted speed limit is 80 miles per hour and the person is not
exceeding a speed of 85 miles per hour.
2. A violation of the speed limit under any of the circumstances set forth in subsection 1
must not be recorded by the Department on a driver’s record and shall not be deemed a
moving traffic violation.
3. The provisions of this section do not apply to a violation specified in subsection 1 that
occurs in a county whose population is 100,000 or more if the portion of highway being
traversed is in:
(a) An urban area; or
(b) An area which is adjacent to an urban area and which has been designated
by the public authority that established the posted speed limit for the portion of
highway being traversed as an area that requires strict observance of the posted
speed limit to protect public health and safety.
Assembly Bill 480 (effective on 1/1/16)
Sec. 7. NRS 645A.015 is hereby amended to read as follows:
[The provisions of this chapter do not apply to:]
1. Except as otherwise provided in subsection 2, it shall be unlawful for any
person to engage in or carry on, or hold himself or herself out as engaging in or
carrying on, the business of administering escrows or to act in the capacity of an
escrow agent or escrow agency within this State or with respect to any
transaction involving real or personal property located in this State without first
obtaining a license as an escrow agent or escrow agency issued by the
Commissioner pursuant to the requirements of this chapter.
2. The licensing requirements of this chapter do not apply to:
(a) Any person [: (a) Doing] doing business under the laws of this State or the
United States relating to banks, mutual savings banks, trust companies, savings
and loan associations, common and consumer finance companies or industrial
loan companies; [or]
(b) [Licensed] Any person licensed pursuant to chapter 692A of NRS [. 2. An
attorney at law rendering services in the performance of his or her duties as
attorney at law, except an attorney actively engaged in conducting an
escrow agency. 3.] ;
(c) Any person licensed to practice law in this State if:
(1) The escrow transaction is performed by the attorney while
engaged in the practice of law, or by employees of the law firm under
the direct supervision of the attorney while engaged in the practice
of law;
(2) The escrow transaction is performed under the name of a person
or entity identified and operated as a law firm; and
(3) Any money provided to the attorney related to the escrow, other
than money designated for attorney’s fees and costs, is deposited
21
into, maintained within and disbursed from a client trust account that
complies with rules of this State governing the conduct of attorneys;
(d) Any firm or corporation which lends money on real or personal property and is
subject to licensing, supervision or auditing by an agency of the United States or
of this State [. 4.] ; or
(e) Any person doing any act under order of any court.
3. As used in this section, “law firm” has the meaning ascribed to it in NRS
38.435.
Assembly Bill 386 (effective on 10/1/15)
Sec. 44. Chapter 205 of NRS is hereby amended by adding thereto the provisions set
forth as sections 45 to 48, inclusive, of this act.
Sec. 45. As used in sections 45 to 48, inclusive, of this act, “dwelling” means a
structure or part thereof that is designed or intended for occupancy as a
residence or sleeping place.
Sec. 46. 1. A person who forcibly enters an uninhabited or vacant dwelling, knows
or has reason to believe that such entry is without permission of the owner of the
dwelling or an authorized representative of the owner and has the intent to take
up residence or provide a residency to another therein is guilty of housebreaking.
2. A person convicted of housebreaking is guilty of:
(a) For a first offense, a gross misdemeanor; and
(b) For a second and any subsequent offense, a category D felony and shall
be punished as provided in NRS 193.130.
3. A person convicted of housebreaking and who has previously been convicted
three or more times of housebreaking must not be released on probation or
granted a suspension of sentence.
4. As used in this section, “forcibly enters” means an entry involving:
(a) Any act of physical force resulting in damage to the structure; or
(b) The changing or manipulation of a lock to gain access.
Sec. 47. 1. A person who takes up residence in an uninhabited or vacant dwelling
and knows or has reason to believe that such residency is without permission of
the owner of the dwelling or an authorized representative of the owner is guilty of
unlawful occupancy.
2. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A
person convicted of unlawful occupancy and who has been convicted three or
more times of unlawful occupancy is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
3. A person who is accused of unlawful occupancy pursuant to subsection 1 and
has previously been convicted two times of housebreaking, unlawful occupancy
or any lesser included or related offense, or any combination thereof, arising
from the same set of facts is presumed to have obtained residency of the
dwelling with the knowledge that:
22
(a) Any asserted lease is invalid; and
(b) Neither the owner nor an authorized representative of the owner
permitted the residency.
Sec. 48.
1. A person is guilty of unlawful reentry if:
(a) An owner of real property has recovered possession of the property
from the person pursuant to section 2 or 3 of this act; and
(b) Without the authority of the court or permission of the owner, the
person reenters the property.
2. A person convicted of unlawful reentry is guilty of a gross misdemeanor.
Assembly Bill 332 (effective on 7/1/15)
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. Except as otherwise provided in this section, a public body shall not enter into
an express or implied contract for a public work which provides that any
construction materials or goods to be used on the public work will be purchased
or otherwise
supplied by:
(a) The public body or a contractor who is a constituent part of the public
body; or
(b) A contractor who is not a constituent part of the public body but is
acting on behalf of the public body.
...
4. A person who enters into an express or implied contract that violates the
provisions of subsection 1 is guilty of a gross misdemeanor.
5. The right to enforce the provisions of this section vests exclusively in the
Attorney General, who shall institute and prosecute the appropriate proceedings
to enforce the provisions of this section. . . .
Assembly Bill 325 (effective on 1/1/16)
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to
consist of the provisions set forth as sections 2 to 50, inclusive, of this act.
Sec. 15. It is unlawful for any person to engage in the business of a private
professional guardian without having a license issued by the Commissioner
pursuant to this chapter.
23
Sec. 32. 1. It is unlawful for any person licensed pursuant to this chapter to
engage in the business of a private professional guardian at any office outside
this State without the prior approval of the Commissioner.
2. Before the Commissioner will approve a branch to be located outside this
State, the private professional guardian must:
(a) Obtain from that state any required license as a private professional
guardian; or
(b) Provide proof satisfactory to the Commissioner that the private
professional guardian company has met all the requirements to engage in
the business of a private professional guardian in that state pursuant to its
laws, including, without limitation, written documentation from the
appropriate court or state agency that the private professional guardian
company is authorized to do business in that state.
3. For each branch location of a private professional guardian company
organized under the laws of this State, and every branch location in this State of a
foreign private professional guardian company authorized to do business in this
State, a request for approval and licensing must be filed with the Commissioner
on forms prescribed by the Commissioner. A nonrefundable fee of not more than
$500, as provided by the Commissioner, must accompany each request. In
addition, a fee of not more than $200, to be prorated on the basis of the licensing
year as provided by the Commissioner, must be paid at the time of making the
request. Money collected pursuant to this section must be deposited in the
Investigative Account for Financial Institutions created by NRS 232.545.
4. A foreign corporation or limited-liability company wishing to engage in the
business of a private professional guardian in this State must use a name that
distinguishes it from any other private professional guardian in this State.
Sec. 50.
1. A licensee who knowingly or willfully neglects to perform any act or duty
required by this chapter or other applicable law, or who knowingly or willfully
fails to satisfy any material lawful requirement made by the Commissioner is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. If no other punishment is otherwise provided by law, a person who violates any
provision of this chapter is guilty of a gross misdemeanor.
Assembly Bill 305 (effective on 1/1/16)
* Misdemeanors
Sec. 9. NRS 45 0B.240 is hereby amended to read as follows:
1. A person or governmental entity shall not engage in the operation of any ambulance
or air ambulance service in this state without a currently valid permit for that service
issued by the health authority.
2. A fire-fighting agency shall not provide the level of medical care provided by an
advanced emergency medical technician or paramedic to sick or injured persons at the
24
scene of an emergency or while transporting those persons to a medical facility without
a currently valid permit for that care issued by the health authority.
3. A person or governmental entity shall not provide community paramedicine
services or represent, advertise or otherwise imply that it is authorized to provide
community paramedicine services without a currently valid permit with an
endorsement to provide community paramedicine services issued by the health
authority pursuant to section 4 of this act.
4. Nothing in this section precludes the operation of an aircraft in this state in a manner
other than as an air ambulance.
Sec. 10. NRS 450B.250 is hereby amended to read as follows:
1. Except as otherwise provided in this chapter, a person shall not serve as an
attendant on any ambulance or air ambulance and a firefighter shall not provide the
level of medical care provided by an advanced emergency medical technician or
paramedic to sick or injured persons at the scene of an emergency or while transporting
those persons to a medical facility unless the person holds a currently valid license
issued by the health authority under the provisions of this chapter.
2. A person shall not provide community paramedicine services unless the
person:
(a) Is certified as an emergency medical technician, an advanced
emergency medical technician or a paramedic;
(b) Is employed by or serves as a volunteer for a person or governmental
entity which has a currently valid permit with an endorsement to provide
community paramedicine services issued by the health authority pursuant
to section 4 of this act; and
(c) Meets the qualifications and has satisfied any training required by
regulations adopted pursuant to section 4 of this act.
Assembly Bill 295 (effective on 7/1/15)
Section 1. Chapter 629 of NRS is hereby amended by adding thereto the provisions set
forth as sections 2 and 3 of this act.
Sec. 3. 1. A person who provides wellness services in accordance with this
section, but who is not licensed, certified or registered in this State as a provider
of health care, is not in violation of any law based on the unlicensed practice of
health care services or a health care profession unless the person:
(a) Performs surgery or any other procedure which punctures the skin of
any person;
(b) Sets a fracture of any bone of any person;
(c) Prescribes or administers X-ray radiation to any person;
(d) Prescribes or administers a prescription drug or device or a controlled
substance to any person;
(e) Recommends to a client that he or she discontinue or in any manner
alter current medical treatment prescribed by a provider of health care
licensed, certified or registered in this State;
25
(f) Makes a diagnosis of a medical disease of any person;
(g) Performs a manipulation or a chiropractic adjustment of the
articulations of joints or the spine of any person;
(h) Treats a person’s health condition in a manner that intentionally or
recklessly causes that person recognizable and imminent risk of serious or
permanent physical or mental harm;
(i) Holds out, states, indicates, advertises or implies to any person that he
or she is a provider of health care;
(j) Engages in the practice of medicine in violation of chapter 630 or 633 of
NRS, the practice of homeopathic medicine in violation of chapter 630A of
NRS or the practice of podiatry in violation of chapter 635 of NRS, unless
otherwise expressly authorized by this section;
(k) Performs massage therapy as that term is defined in NRS 640C.060; or
(l) Provides mental health services that are exclusive to the scope of
practice of a psychiatrist licensed pursuant to chapter 630 or 633 of NRS,
or a psychologist licensed pursuant to chapter 641 of NRS.
2. Any person providing wellness services in this State who is not licensed,
certified or registered in this State as a provider of health care and who is
advertising or charging a fee for wellness services shall, before providing those
services, disclose to each client in a plainly worded written statement:
(a) The person’s name, business address and telephone number;
(b) The fact that he or she is not licensed, certified or registered as a
provider of health care in this State;
(c) The nature of the wellness services to be provided;
(d) The degrees, training, experience, credentials and other qualifications
of the person regarding the wellness services to be provided; and
(e) A statement in substantially the following form:
It is recommended that before beginning any wellness plan, you notify your
primary care physician or other licensed providers of health care of your
intention to use wellness services, the nature of the wellness services to be
provided and any wellness plan that may be utilized. It is also
recommended that you ask your primary care physician or other licensed
providers of health care about any potential drug interactions, side effects,
risks or conflicts between any medications or treatments prescribed by
your primary care physician or other licensed providers of health care and
the wellness services you intend to receive.
A person who provides wellness services shall obtain from each client a signed
copy of the statement required by this subsection, provide the client with a copy
of the signed statement at the time of service and retain a copy of the signed
statement for a period of not less than 5 years.
3. A written copy of the statement required by subsection 2 must be posted in a
prominent place in the treatment location of the person providing wellness
services in at least 12-point font. Reasonable accommodations must be made for
clients who:
26
(a) Are unable to read;
(b) Are blind or visually impaired;
(c) Have communication impairments; or
(d) Do not read or speak English or any other language in which the
statement is written.
4. Any advertisement for wellness services authorized pursuant to this section
must disclose that the provider of those services is not licensed, certified or
registered as a provider of health care in this State.
5. A person who violates any provision of this section is guilty of a misdemeanor.
Before a criminal proceeding is commenced against a person for a violation of a
provision of this section, a notification, educational or mediative approach must
be utilized by the regulatory body enforcing the provisions of this section to bring
the person into compliance with such provisions.
6. This section does not apply to or control:
(a) Any health care practice by a provider of health care pursuant to the
professional practice laws of this State, or prevent such a health care
practice from being performed.
(b) Any health care practice if the practice is exempt from the professional
practice laws of this State, or prevent such a health care practice from
being performed.
(c) A person who provides health care services if the person is exempt
from the professional practice laws of this State, or prevent the person
from performing such a health care service.
(d) A medical assistant as that term is defined in NRS 630.0129 and
633.075, an advanced practitioner of homeopathy as that term is defined in
NRS 630A.015 or a homeopathic assistant as that term is defined in NRS
630A.035.
7. As used in this section, “wellness services” means healing arts therapies and
practices, and the provision of products, that are based on the following
complementary health treatment approaches and which are not otherwise
prohibited by subsection 1:
(a) Anthroposophy.
(b) Aromatherapy.
(c) Traditional cultural healing practices.
(d) Detoxification practices and therapies.
(e) Energetic healing.
(f) Folk practices.
(g) Gerson therapy and colostrum therapy.
(h) Healing practices using food, dietary supplements, nutrients and the
physical forces of heat, cold, water and light.
(i) Herbology and herbalism.
(j) Reflexology and Reiki.
(k) Mind-body healing practices.
(l) Nondiagnostic iridology.
(m) Noninvasive instrumentalities.
(n) Holistic kinesiology.
27
Assembly Bill 287 (effective on 10/1/15)
Section 1. NRS 207.245 is hereby amended to read as follows:
1. [As used in this section, “system” means a system established to provide a telephone
number to be used in an emergency.
2.] It is unlawful for any person knowingly or willfully to make or cause to be made [any]
:
(a) Any telephonic access to a system ; or
(b) A nonemergency telephone call to report an emergency on any
nonemergency telephone line maintained by a governmental entity,
if no actual or perceived emergency exists.
[3. Any] 2. Except as otherwise provided in subsection 3, a person who violates any
provision of this section is guilty of a gross misdemeanor.
3. A person who violates any provision of this section is guilty of a category E
felony and shall be punished as provided in NRS 193.130 if:
(a) The person intended to initiate an emergency response by law
enforcement, firefighting, emergency medical care or public safety
personnel when no actual emergency exists; and
(b) The emergency response initiated by the person results in the death or
serious bodily injury of another.
4. A person who is convicted of a category E felony pursuant to subsection 3 is
liable for any costs incurred by any governmental entity as a result of his or her
conduct.
5. If a defendant who is charged with a violation of this section suffers from a
mental illness or is intellectually disabled, the court may, if appropriate, take any
action authorized by law for the purpose of having the defendant assigned to a
program established pursuant to NRS 176A.250.
6. As used in this section:
(a) “Emergency” means a situation in which immediate intervention is
necessary to protect the physical safety of a person or others from an
immediate threat of physical injury or to protect against an immediate
threat of severe property damage, or any other situation which is likely to
cause a governmental entity to provide services related to law
enforcement, firefighting, emergency medical care or public safety.
(b) “Governmental entity” means an institution, board, commission,
bureau, council, department, division, authority or other unit of government
of this State, including, without limitation, an agency of this State or of a
political subdivision.
(c) “System” means a system established to provide a telephone number to
be used in an emergency.
28
Assembly Bill 273 (effective on 11/8/16)
Section 1. Chapter 218H of NRS is hereby amended by adding thereto a new section
to read as follows:
1. Except as otherwise provided in this section, a former Legislator shall not
receive compensation or other consideration to act as a lobbyist for the period
beginning on the date on which the former Legislator leaves office as a member
of the Legislature and ending on the date of final adjournment of the next regular
session during which the former Legislator is not a member of the Legislature.
2. The provisions of this section do not apply to a former Legislator if:
(a) The former Legislator is required, as part of his or her fulltime
employment, to act as a lobbyist for his or her employer;
(b) The former Legislator does not act as a lobbyist for any other employer,
client or client of his or her employer; and
(c) The primary duties of the employment of the former Legislator include
significant duties other than acting as a lobbyist.
3. As used in this section, “consideration” means a gift, salary, payment,
distribution, loan, advance or deposit of money or anything of value and includes,
without limitation, a contract, promise or agreement, whether or not legally
enforceable.
Sec. 3. NRS 218H.960 is hereby amended to read as follows:
A person who is subject to any provision in NRS 218H.900 or 218H.930 or section 1 of
this act and who violates or otherwise refuses or fails to comply with the provision is
guilty of a misdemeanor.
Sec. 4. This act applies only to a person who is elected to office as a State Legislator
for a term commencing on or after November 8, 2016, or a person who is appointed to
serve the remainder of such an unexpired term.
Sec. 5. This act becomes effective on November 8, 2016.
Assembly Bill 263 (effective on 10/1/15)
Sec. 18. NRS 200.359 is hereby amended to read as follows:
...
1. A person having a limited right of custody to a child by operation of law or pursuant to
an order, judgment or decree of any court, including a judgment or decree which grants
another person rights to custody or visitation of the child, or any parent having no right
of custody to the child, who:
(a) In violation of an order, judgment or decree of any court willfully detains,
conceals or removes the child from a parent, guardian or other person having
lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does not specify
when the right to physical custody or visitation is to be exercised, removes the
29
child from the jurisdiction of the court without the consent of either the court or all
persons who have the right to custody or visitation,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. [A] Except as otherwise provided in this subsection, a parent who has joint legal
and physical custody of a child pursuant to [NRS 125.465] section 4 of this act shall
not willfully conceal or remove the child from the custody of the other parent with the
specific intent to [deprive] frustrate the efforts of the other parent [of the parent and
child] to establish or maintain a meaningful relationship [.] with the child. A person
who violates this subsection shall be punished as provided in subsection 1 [.] unless
the person demonstrates to the satisfaction of the court that he or she violated
this subsection to protect the child or himself or herself from an act that
constitutes domestic violence pursuant to NRS 33.018.
3. If the mother of a child has primary physical custody pursuant to subsection 2 of
[NRS 126.031,] section 7 of this act, the father of the child shall not willfully conceal or
remove the child from the physical custody of the mother. If the father of a child has
primary physical custody pursuant to subsection 2 of [NRS 126.031,] section 7 of this
act, the mother of the child shall not willfully conceal or remove the child from the
physical custody of the father. A person who violates this subsection shall be punished
as provided in subsection 1.
4. A parent who has joint physical custody of a child pursuant to an order,
judgment or decree of a court shall not relocate with the child pursuant to section
13 of this act without the written consent of the non-relocating parent or before
the court enters an order granting the parent primary physical custody of the
child and permission to relocate with the child, as applicable. A person who
violates this subsection shall be punished as provided in subsection 1.
5. A parent who has primary physical custody of a child pursuant to an order,
judgment or decree of a court shall not relocate with the child pursuant to NRS
125C.200 without the written consent of the non-relocating parent or the
permission of the court. A person who violates this subsection shall be punished
as provided in subsection 1.
...
[7.] 9. A person who aids or abets any other person to violate this section shall be
punished as provided in subsection 1.
[8.] 10. In addition to the exemption set forth in subsection 11, subsections 4 and
5 do not apply to a person who demonstrates a compelling excuse, to the
satisfaction of the court, for relocating with a child in violation of NRS 125C.200
or section 13 of this act.
11. This section does not apply to a person who detains, conceals , [or] removes or
relocates with a child to protect the child from the imminent danger of abuse or neglect
or to protect himself or herself from imminent physical harm, and reported the detention,
concealment , [or] removal or relocation to a law enforcement agency or an agency
which provides child welfare services within 24 hours after detaining, concealing , [or]
removing or relocating with the child, or as soon as the circumstances allowed. As
used in this subsection:
30
(a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of
subsection 4 of NRS 200.508.
(b) “Agency which provides child welfare services” has the meaning ascribed to it
in NRS 432B.030.
Assembly Bill 248 (effective on 10/1/15)
* Misdemeanor.
Sec. 4. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as
follows:
1. A person with epilepsy shall not operate a motor vehicle if that person has been
informed by a physician pursuant to NRS 439.270 that his or her condition would
severely impair his or her ability to safely operate a motor vehicle.
2. If a physician is aware that a person has violated subsection 1 after the physician has
informed the person pursuant to NRS 439.270 that the person’s condition would severely
impair his or her ability to safely operate a motor vehicle, the physician may, without the
consent of the person, submit a written report to the Department that includes the name,
address and age of the person. A report received by the Department pursuant to this
subsection:
(a) Is confidential, except that the contents of the report may be disclosed to the
person about whom the report is made; and
(b) May be used by the Department solely to determine the eligibility of the person
to operate a vehicle on the streets and highways of this State.
3. The submission by a physician of a report pursuant to subsection 2 is solely within his
or her discretion. No cause of action may be brought against a physician based on the
fact that he or she did not submit such a report.
4. No cause of action may be brought against a physician based on the fact that he or
she submitted a report pursuant to subsection 2 unless the physician acted with malice,
intentional misconduct, gross negligence or intentional or knowing violation of the law.
Assembly Bill 246 (effective on 10/1/15)
Sec. 2. Chapter 644 of NRS is hereby amended by adding thereto the provisions set
forth as sections 3 to 17, inclusive, of this act.
...
Sec. 17. With regard to advertising relating to the education, licensing or practice
of cosmetology or threading:
1. It is unlawful to advertise in any manner that is misleading or inaccurate
with respect to any services relating to the practice of cosmetology offered
by a licensee or other natural person.
2. An advertisement must not state or imply favorable consideration by the
Board except that an advertisement may state that a cosmetological
establishment, establishment for hair braiding, school of cosmetology or
licensee is licensed by the Board.
31
3. Except as otherwise provided in subsection 4, an advertisement for
services relating to the practice of cosmetology must list:
(a) The name, as it appears on the license, and license number of the
cosmetological establishment or establishment for hair braiding
where the services will be provided; and
(b) The name and license number of any licensee mentioned in the
advertisement.
4. An advertisement for services relating to the practice of cosmetology to
be provided at a school of cosmetology must list the name, as it appears
on the license, and license number of the school of cosmetology where the
services will be provided.
Assembly Bill 244 (effective on 10/1/15)
Section 1. NRS 206.330 is hereby amended to read as follows:
1. Unless a greater criminal penalty is provided by a specific statute, a person who
places graffiti on or otherwise defaces the public or private property, real or personal, of
another, without the permission of the owner:
(a) Where the value of the loss is less than $250, is guilty of a misdemeanor.
(b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a
gross misdemeanor.
(c) Where the value of the loss is $5,000 or more or where the damage results in
the impairment of public communication, transportation or police and fire
protection, is guilty of a category E felony and shall be punished as provided in
NRS 193.130. If the court grants probation to such a person, the court shall
require as a condition of probation that the person serve at least 10 days in the
county jail.
(d) Where the offense is committed on any protected site in this State, is guilty of
a category D felony and shall be punished as provided in NRS 193.130. If the
court grants probation to such a person, the court shall require as a condition of
probation that the person serve at least 10 days in the county jail.
2. Unless a greater penalty is provided by a specific statute, a person who has
previously been convicted of a violation of subsection 1:
(a) Two or more times; or
(b) That was punished as a felony,
and who violates subsection 1, regardless of the value of the loss, is guilty of a
category D felony and shall be punished as provided in NRS 193.130. . . .
Assembly Bill 239 (effective on 10/1/15)
Section 1. Chapter 493 of NRS is hereby amended by adding thereto the provisions set
forth as sections 2 to 22, inclusive, of this act.
...
32
Sec. 18. 1. A person shall not weaponize an unmanned aerial vehicle or operate a
weaponized unmanned aerial vehicle. A person who violates this section is guilty
of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who weaponizes an unmanned aerial vehicle in violation of
subsection 1 and who discharges the weapon is guilty of a category C felony and
shall be punished as provided in NRS 193.130.
Sec. 18.5.
1. A person shall not operate an unmanned aerial vehicle within:
(a) A horizontal distance of 500 feet or a vertical distance of 250 feet from a
critical facility without the written consent of the owner of the critical
facility.
(b) Except as otherwise provided in subsection 2, 5 miles of an airport.
2. A person may operate an unmanned aerial vehicle within 5 miles of an airport
only if the person obtains the consent of the airport authority or the operator of
the airport, or if the person has otherwise obtained a waiver, exemption or other
authorization for such operation pursuant to any rule or regulation of the Federal
Aviation Administration. A person who is authorized to operate an unmanned
aerial vehicle within 5 miles of an airport pursuant to this subsection shall, at all
times during such operation, maintain on his or her person documentation of any
waiver, exemption, authorization or consent permitting such operation.
3. A person who violates this section is guilty of a misdemeanor.
4. As used in this section, “airport” means any area of land or water owned,
operated or maintained by or on behalf of a city, county, town, municipal or
airport authority that is designed and set aside for the landing and taking off of
aircraft and that is utilized in the interest of the public for such purposes.
Sec. 24.4. NRS 493.100 is hereby amended to read as follows:
1. Any operator or passenger, while an aircraft is in flight over a heavily populated area
or over a public gathering within this state, who:
[1. Engages]
(a) Except as otherwise provided in subsection 2, engages in trick or
acrobatic flying, or in any acrobatic feat;
[2.] (b) Except while in landing or taking off, flies at such a low level as to
endanger the persons on the surface beneath; or [3.]
(c) Drops any object [except loose water or loose sand ballast,] with reckless
disregard for the safety of other persons and willful indifference to injuries
that could reasonably result from dropping the object,
is guilty of a misdemeanor.
2. The provisions of paragraph (a) of subsection 1 do not apply to the operator of
an unmanned aerial vehicle in a park unless the operator is operating the
unmanned aerial vehicle with reckless disregard for the safety of other persons
and with willful indifference to injuries that could reasonably result from such
operation.
33
Assembly Bill 214 (effective on 5/27/15)
Sec. 3. NRS 201.354 is hereby amended to read as follows:
1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in
a licensed house of prostitution.
2. Except as otherwise provided in subsection 3, a person who violates subsection 1 is
guilty of a misdemeanor.
3. A person who violates subsection 1 by soliciting a child for prostitution :
(a) For a first offense, is guilty of a category E felony and shall be punished as
provided in NRS 193.130 [.] , and by a fine of not more than $5,000.
(b) For a second offense, is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and
shall be punished as provided in NRS 193.130. The court shall not grant
probation to or suspend the sentence of a person punished pursuant to
this paragraph.
Assembly Bill 188 (effective on 10/1/15)
* Misdemeanors.
Section 1. NRS 484D.220 is hereby amended to read as follows:
1. At all times specified in NRS 484D.100, a lighted headlamp or headlamps meeting
the requirements of NRS 484D.110 shall be displayed on a motor vehicle except when
the vehicle is parked.
2. Whenever a motor vehicle equipped with headlamps is also equipped with any
auxiliary lamps, spot lamp or any other lamp on the front projecting a beam of intensity
greater than 300 candle power, not more than a total of four of any such lamps may be
lighted at one time when upon a highway.
3. A motor vehicle may be equipped with headlamps that are high-intensity
discharge lamps if such headlamps have a correlated color temperature of not
less than 5,000 kelvins and not more than 6,000 kelvins.
4. The provisions of subsection 3 do not apply to the extent preempted by federal
law.
5. As used in this section, “high-intensity discharge lamp” has the meaning
ascribed to it in 10 C.F.R. § 431.282.
Sec. 2. NRS 486.281 is hereby amended to read as follows:
1. Every motorcycle or moped shall be equipped with at least one and not more than
two head lamps.
2. Every such head lamp on a motorcycle shall be located at a height of not more than
54 inches nor less than 24 inches from the ground as measured from the center of the
lamp to the level ground upon which such motorcycle stands without a load.
34
3. A motorcycle or moped may be equipped with one or two headlamps that are
high-intensity discharge lamps if each such headlamp has a correlated color
temperature of not less than 5,000 kelvins and not more than 6,000 kelvins.
4. The provisions of subsection 3 do not apply to the extent preempted by federal
law.
5. As used in this section, “high-intensity discharge lamp” has the meaning
ascribed to it in 10 C.F.R. § 431.282.
Assembly Bill 164 (effective on 5/27/15)
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. The manufacturer of an investigational drug, biological product or device may
provide or make available the investigational drug, biological product or device to
a patient in this State who has been diagnosed with a terminal condition if a
physician has prescribed or recommended the investigational drug, biological
product or device to the patient as authorized pursuant to section 3 or 8 of this
act.
2. A manufacturer who provides or makes available an investigational drug,
biological product or device to a patient pursuant to subsection 1 may:
(a) Provide the investigational drug, biological product or device to the
patient without charge; or
(b) Charge the patient only for the costs associated with the manufacture of
the investigational drug, biological product or device.
3. An officer, employee or agent of this State shall not prevent or attempt to
prevent a patient from accessing an investigational drug, biological product or
device that is authorized to be provided or made available to a patient pursuant to
this section.
4. A violation of any provision of this section is a misdemeanor.
5. As used in this section:
(a) “Biological product” has the meaning ascribed to it in 42 U.S.C. § 262.
(b) “Investigational drug, biological product or device” means a drug,
biological product or device that:
(1) Has successfully completed Phase 1 of a clinical trial;
(2) Has not been approved by the United States Food and Drug
Administration; and
(3) Is currently being tested in a clinical trial that has been approved
by the United States Food and Drug Administration.
(c) “Terminal condition” means an incurable and irreversible condition that,
without the administration of life-sustaining treatment, will, in the opinion
of the attending physician, result in death within 1 year.
35
Assembly Bill 143 (effective on 10/1/15)
* Misdemeanor.
Sec. 2. NRS 484A.650 is hereby amended to read as follows:
1. Whenever the driver of a vehicle is stopped by a peace officer for violating a provision
of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of NRS
484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance
required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS
484A.630 if the officer has probable cause to believe that the driver of the vehicle is in
violation of NRS 485.187 or subsection 4 of NRS 490.520. If the driver of the vehicle is
not the owner, a citation must also be issued to the owner, and in such a case the
driver:
[1.] (a) May sign the citation on behalf of the owner; and
[2.] (b) Shall notify the owner of the citation within 3 days after it is issued.
The agency which employs the peace officer shall immediately forward a copy of the
citation to the registered owner of the vehicle, by certified mail, at his or her address as
it appears on the certificate of registration.
2. When the evidence of insurance provided by the driver of the vehicle upon the
demand of the peace officer is in an electronic format displayed on a mobile
electronic device, the peace officer may view only the evidence of insurance and
shall not intentionally view any other content on the mobile electronic device.
Assembly Bill 137 (effective on 10/1/15)
Sec. 5. NRS 624.720 is hereby amended to read as follows:
...
5. It is unlawful for any person, whether or not licensed pursuant to this chapter,
to advertise to perform or complete construction work or a work of improvement
using a license number that does not correspond to a valid license issued to that
person under this chapter. . . .
Sec. 6. NRS 624.750 is hereby amended to read as follows:
1. It is unlawful for a person to commit any act or omission described in subsection 1 of
NRS 624.3012, subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7
of NRS 624.3016.
2. [Unless] Except as otherwise provided in subsection 3 and unless a greater
penalty is otherwise provided by a specific statute, any person who violates subsection
1, NRS 624.305, subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:
(a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine
of not [more] less than $1,000 [,] nor more than $4,000, and may be further
punished by imprisonment in the county jail for not more than 6 months.
36
(b) For the second offense, is guilty of a gross misdemeanor and shall be
punished by a fine of not less than [$2,000] $4,000 nor more than [$4,000,]
$10,000, and may be further punished by imprisonment in the county jail for not
more than 364 days.
(c) For the third or subsequent offense, is guilty of a category E felony and shall
be punished by a fine of not less than [$5,000] $10,000 nor more than [$10,000]
$20,000, and may be further punished by imprisonment in the state prison for not
less than 1 year and not more than 4 years.
3. If a person is guilty of a violation of subsection 1 of NRS 624.700, the maximum
fines set forth in subsection 2 may be exceeded by adding thereto a fine
enhancement of not more than 10 percent of the value of any contract that the
person entered into in violation of subsection 1 of NRS 624.700, if that person
commenced any work or received any money relating to the contract.
4. It is unlawful for a person to receive money for the purpose of obtaining or paying for
services, labor, materials or equipment if the person:
(a) Willfully fails to use that money for that purpose by failing to complete the
improvements for which the person received the money or by failing to pay for
any services, labor, materials or equipment provided for that construction; and
(b) Wrongfully diverts that money to a use other than that for which it was
received.
[4.] 5. Unless a greater penalty is otherwise provided by a specific statute, any person
who violates subsection [3:] 4:
(a) If the amount of money wrongfully diverted is $1,000 or less, is guilty of a
gross misdemeanor and shall be punished by a fine of not less than $2,000 nor
more than $4,000, and may be further punished by imprisonment in the county
jail for not more than 364 days.
(b) If the amount of money wrongfully diverted is more than $1,000, is guilty of a
category E felony and shall be punished by a fine of not less than $5,000 nor
more than $10,000, and may be further punished by imprisonment in the state
prison for not less than 1 year and not more than 4 years.
[5.] 6. Imposition of a penalty provided for in this section is not precluded by any
disciplinary action taken by the Board against a contractor pursuant to the provisions of
NRS 624.300 to 624.305, inclusive.
Assembly Bill 79 (effective on 7/1/15)
Sec. 13. NRS 587.450 is hereby amended to read as follows:
1. If any quantity of any agricultural product shall have been inspected and a certificate
issued under NRS 587.290 to 587.450, inclusive, showing the grade, classification,
quality or condition thereof, no person shall represent that the grade, classification,
quality or condition of such product at the time and place of such inspection was other
than as shown by such certificate.
2. Whenever any standard for a container for an agricultural product becomes effective
under NRS 587.290 to 587.450, inclusive, no person thereafter shall pack for sale, offer
for sale, consign for sale, or sell and deliver, in a container, any such agricultural
37
product to which the standard is applicable unless the container conforms to the
standard, subject to such variations therefrom as may be allowed, in the regulations
made under NRS 587.290 to 587.450, inclusive, or unless such product is brought from
outside the State and offered for sale, consigned for sale or sold in the original package,
but no agricultural product shall be offered for sale which bears a label containing any
superlative word or words designating a superior or higher quality unless the product
shall conform to the highest grade specification adopted under the provisions of NRS
587.410.
[3. Any person violating this section shall be guilty of a misdemeanor.]
Sec. 16. NRS 556.110, 587.185, 587.500, 587.520, 587.670, 587.680 and 587.690 are
hereby repealed.
Assembly Bill 77 (effective on 7/1/15)
Sec. 21. NRS 554.240 is hereby amended to read as follows:
[Any] Except as otherwise provided in NRS 554.140 and 554.190, any person [, or
any officer, agent or employee of any corporation, who shall export, or who shall assist
in exporting, as a principal or accessory, any agricultural commodity forbidden to be
exported by any proclamation of quarantine shall be] who violates any provision of
this chapter is guilty of a gross misdemeanor [.] and shall be punished by
imprisonment in the county jail for not more than 364 days, or by a fine of not
more than $5,000, or by both fine and imprisonment. The prosecuting attorney
and the State Department of Agriculture may recover the costs of the proceeding,
including investigative costs, against a person convicted of a gross misdemeanor
pursuant to this section.
Sec. 27. NRS 555.125 is hereby amended to read as follows:
1. If it appears that an area has or is likely to become infested with a pest which cannot
be practically [eradicated or] controlled except by the means provided in this section,
the Department shall hold a public hearing to determine the necessity of declaring a
time during which or an area in which plants capable of acting as hosts for the pest may
not be planted, grown, cultivated, maintained or allowed to exist.
2. Notice of the hearing must be given to all growers of the host plants within the area
and must specify:
(a) The time and place of the hearing.
(b) The host plant.
(c) The pest.
(d) The purpose of the hearing.
3. If, after the hearing, the Department determines that the pest cannot otherwise be
practically [eradicated or] controlled, the Department shall issue an order prescribing a
time during which or an area in which the host plants may not be planted, grown,
cultivated, maintained or allowed to exist, and requiring owners or occupiers of property
upon which the host plants exist to [eradicate] control the plants.
38
4. If the owner or occupant neglects or refuses to [eradicate] control the plants, the
Department may do so in the manner prescribed by NRS 555.110.
5. Any person violating such an order is [guilty of a misdemeanor.] subject to a civil
penalty pursuant to NRS 555.201.
Sec. 36. NRS 555.201 is hereby amended to read as follows:
Any person violating any of the provisions of NRS 555.130 to 555.200, inclusive, or
failing, refusing or neglecting to perform or observe any conditions or regulations
prescribed by the State Quarantine Officer, in accordance with the provisions of NRS
555.130 to 555.200, inclusive, is [guilty of a misdemeanor.] subject to a civil penalty
not to exceed:
1. For the first violation, $250.
2. For a second violation, $500.
3. For each subsequent violation, $1,000.
Sec. 39. NRS 555.220 is hereby amended to read as follows:
Any person violating any of the provisions of NRS 555.202 to 555.210, inclusive, or
failing, refusing or neglecting to perform or observe any conditions or regulations
prescribed by the State Quarantine Officer, in accordance with the provisions of NRS
555.202 to 555.210, inclusive, is [guilty of a misdemeanor.] subject to a civil penalty
not to exceed:
1. For the first violation, $250.
2. For a second violation, $500.
3. For each subsequent violation, $1,000.
Sec. 43. NRS 555.570 is hereby amended to read as follows:
1. Any person violating any of the provisions of NRS 555.500 to 555.560, inclusive, or
failing, refusing or neglecting to perform or observe any conditions or regulation
prescribed by the State Board of Agriculture, in accordance with the provisions of NRS
555.500 to 555.540, inclusive, is [guilty of a misdemeanor.] subject to a civil penalty
not to exceed:
(a) For the first violation, $250.
(b) For a second violation, $500.
(c) For each subsequent violation, $1,000.
2. Any money collected from the imposition of a civil penalty pursuant to
subsection 1 must be accounted for separately and:
(a) Fifty percent of the money must be used to fund a program selected by
the Director that provides loans to persons who are engaged in
agriculture and who are 21 years of age or younger; and
(b) The remaining 50 percent of the money must be deposited in the
Account for the Control of Weeds established by NRS 555.035.
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Sec. 96.5. Chapter 446 of NRS is hereby amended by adding thereto a new section to
read as follows:
Any person who knowingly sells any flesh of any diseased animal or any
container containing shellfish, if the container does not have an approved stamp
authorized by the Division of Public and Behavioral Health of the Department of
Health and Human Services, is guilty of a gross misdemeanor.
Sec. 116. NRS 573.190 is hereby amended to read as follows:
1. Any person who operates a public livestock auction without a license required by this
chapter, or who violates any of the provisions of this chapter or of any rules or
regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any
criminal penalty, shall pay to the Department an administrative fine of not [more] less
than $1,000 and not more than $5,000 per violation. If an administrative fine is
imposed pursuant to this section, the costs of the proceeding, including investigative
costs and attorney’s fees, may be recovered by the Department. . . .
Sec. 142. NRS 583.010 is hereby amended to read as follows:
1. No person shall bring, expose or offer for sale, or sell [in any city or town] within this
state, for human food, any [: (a) Blown, meager,] unsound, diseased or [bad]
unwholesome fish, meat or game . [; or (b) Unsound, diseased or unwholesome fish.]
2. No person shall bring, expose or offer for sale, or sell [in any city or town] within this
state, the flesh of any animal which, when killed, was sick or diseased, or that died a
natural or accidental death.
3. No person shall slaughter, expose for sale or sell, or bring or cause to be brought into
[any city or town within] this state, for human food, any calf unless it is in good, healthy
condition . [and 4 weeks of age.]
4. Any article or animal that shall be offered or exhibited for sale, in any part of this
state, in any market or elsewhere, as though it were intended for sale, shall be deemed
offered and exposed for sale, within the intent and meaning of this section.
5. Any person who, in violation of the provisions of this section, shall bring, slaughter,
expose or offer for sale, or sell [in any city or town] within this state any article or animal
which is unfit or unsafe for human food shall forfeit the same to the authorities.
6. Any sheriff, constable, police officer or other peace officer or the [Chief Medical]
State Quarantine Officer shall forthwith remove any of the animals or articles named in
this section, when aware of the existence thereof, at the expense of the owner thereof,
in a manner that will ensure safety and protection to the public.
7. Any person violating any of the provisions of this section [shall be guilty of a
misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.
Sec. 144. NRS 583.030 is hereby amended to read as follows:
1. It shall be unlawful for any person, firm or corporation to possess, with intent to sell:
(a) The carcass or part of any carcass of any animal which has died from any
cause other than being slaughtered in a sanitary manner; or
(b) The carcass or part of any carcass of any animal that shows evidence of any
disease, or that came from a sick or diseased animal . [; or
40
(c) The carcass or part of the carcass of any calf that was killed before it had
attained the age of 4 weeks.]
2. Any person, firm or corporation violating any of the provisions of this section [shall be
guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this
act.
Sec. 145. NRS 583.040 is hereby amended to read as follows:
1. It shall be unlawful for any person, firm or corporation to sell within this State, or to
possess with the intent to sell within this State, for human food, the carcass or parts of
the carcass of any animal which has been slaughtered, or is prepared, handled or kept
under insanitary conditions, or any primal cut of meat which is not stamped with an
approved stamp authorized by the [Division of Public and Behavioral Health of the
Department of Health and Human Services.] Department.
2. Insanitary conditions shall be deemed to exist in any slaughterhouse that does not
comply with the provisions of chapter 446 of NRS.
3. Any person, firm or corporation violating any of the provisions of this section [shall be
guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this
act.
Sec. 146. NRS 583.045 is hereby amended to read as follows:
1. No person or corporation may sell or offer for sale to the consumer through a meat
market, store or otherwise any meats, either fresh or frozen, which are products of any
country foreign to the United States, without first indicating such fact by labels or brands
on each quarter, half or whole carcass of such meat, and on each counter display
containing any of the above-described products, naming the country of its origin.
2. Any person violating any of the provisions of this section is [guilty of a misdemeanor.]
subject to a civil penalty pursuant to section 141 of this act
Sec. 147. NRS 583.050 is hereby amended to read as follows:
1. It shall be unlawful for any person to sell the meat of any equine animal without
informing the purchaser thereof, at the time of such sale, that the meat is the meat of an
equine animal.
2. It shall be unlawful for any person peddling the meat of any equine animal, who is not
the keeper of any shop or meat market, to sell such meat without possessing then and
there the hide of such animal containing the brand and other marks thereon, and upon
request not to exhibit the hide of such animal containing the brand and other marks
thereon.
3. Any person violating any of the provisions of this section [shall be guilty of a
misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act
Sec. 149. NRS 583.060 is hereby amended to read as follows:
1. No person shall bring, expose or offer for sale, or sell [in any city or town] within this
state for human food any unsound, diseased or unwholesome fruit, vegetables or other
market produce.
41
2. Any article that shall be offered or exhibited for sale, in any part of this state, in any
market or elsewhere, as though it were intended for sale, shall be deemed offered and
exposed for sale, within the intent and meaning of this section.
3. Any person who, in violation of the provisions of this section, shall bring, expose or
offer for sale, or sell [in any city or town] within this state any article which is unfit or
unsafe for human food shall forfeit the same to the authorities.
4. Any sheriff, constable, police officer or other peace officer or the [Chief Medical]
State Quarantine Officer shall forthwith remove any of the articles named in this
section, when aware of the existence thereof, at the expense of the owner thereof, in a
manner that will ensure safety and protection to the public.
5. Any person violating any of the provisions of this section [shall be guilty of a
misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.
Sec. 150. NRS 583.070 is hereby amended to read as follows:
1. No person shall bring, expose or offer for sale, or sell [in any city or town] within this
state for human food any [blown, meager,] unsound, diseased or [bad] unwholesome
poultry.
2. Any article that shall be offered or exhibited for sale, in any part of this state, in any
market or elsewhere, as though it were intended for sale, shall be deemed offered and
exposed for sale, within the intent and meaning of this section.
3. Any person who, in violation of the provisions of this section, shall bring, expose or
offer for sale, or sell [in any city or town] within this state any article which is unfit or
unsafe for human food shall forfeit the same to the authorities.
4. Any sheriff, constable, police officer or other peace officer or the [Chief Medical]
State Quarantine Officer shall forthwith remove any of the articles named in this
section, when aware of the existence thereof, at the expense of the owner thereof, in a
manner that will ensure safety and protection to the public.
5. Any person violating any of the provisions of this section [shall be guilty of a
misdemeanor.] is subject to a civil penalty pursuant to section 141 of this act.
Sec. 151. NRS 583.080 is hereby amended to read as follows:
1. It shall be unlawful for any person, firm or corporation to possess, with intent to sell:
(a) The carcass or part of any carcass of any fowl which has died from any cause
other than being slaughtered in a sanitary manner;
(b) The carcass or part of any carcass of any fowl that shows evidence of any
disease, or that came from a sick or diseased fowl; or
(c) The carcass or part of any carcass of any fowl not processed in an
establishment approved by the [Division of Public and Behavioral Health of the
Department of Health and Human Services] Department or in accordance with
poultry regulations adopted by the [Division.] Department.
2. Any person, firm or corporation violating any of the provisions of this section [shall be
guilty of a misdemeanor.] is subject to a civil penalty pursuant to section 141 of this
act.
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Sec. 152. NRS 583.210 is hereby amended to read as follows:
Any person who violates any of the provisions of NRS 583.110 to 583.200, inclusive,
[shall be guilty of a misdemeanor.] is subject to a civil penalty pursuant to section
141 of this act.
Sec. 164. NRS 583.495 is hereby amended to read as follows:
1. A person who [:
(a) Violates] violates any of the provisions of NRS 583.475 and 583.485 [is
guilty of a misdemeanor.] :
(a) For a first violation, is subject to a civil penalty pursuant to section 141
of this act.
(b) [Is once convicted of violating the provisions of NRS 583.475 and 583.485
and again violates any of those provisions] For a second violation, is guilty of a
gross misdemeanor [.] and subject to a civil penalty pursuant to section 141
of this act.
(c) [Is twice convicted of violating the provisions of NRS 583.475 and 583.485
and again violates any of those provisions] For a third or subsequent
violation, is guilty of a category D felony and shall be punished as provided in
NRS 193.130 [.] and subject to a civil penalty pursuant to
section 141
of this act. . . .
Sec. 193. NRS 586.450 is hereby amended to read as follows:
1. Any person violating [NRS 586.350 shall be guilty of a misdemeanor.] any provision
of this chapter is subject to a civil penalty not to exceed:
(a) For the first violation, $250.
(b) For a second violation, $500.
(c) For each subsequent violation, $1,000.
2. Any money collected from the imposition of a civil penalty pursuant to
subsection 1 must be accounted for separately and:
(a) Fifty percent of the money must be used to fund a program selected by
the Director that provides loans to persons who are engaged in agriculture
and who are 21 years of age or younger; and
(b) The remaining 50 percent of the money must be deposited in the
Account for the Control of Weeds established by NRS 555.035.
3. Notwithstanding any other provision of this section, if any person, with intent to
defraud, uses or reveals information relative to formulas of products acquired under
authority of NRS 586.280, the person shall be guilty of a gross misdemeanor.
Sec. 200. NRS 588.350 is hereby amended to read as follows:
1. Any person violating any provisions of this chapter [shall be guilty of a misdemeanor.]
is subject to a civil penalty not to exceed:
(a) For the first violation, $250.
(b) For a second violation, $500.
43
(c) For each subsequent violation, $1,000.
2. Any money collected from the imposition of a civil penalty pursuant to
subsection 1 must be accounted for separately and:
(a) Fifty percent of the money must be used to fund a program selected by
the Director that provides loans to persons who are engaged in agriculture
and who are 21 years of age or younger; and
(b) The remaining 50 percent of the money must be deposited in the
Account for the Control of Weeds established by NRS 555.035.
Sec. 207. NRS 590.450 is hereby amended to read as follows:
[If any] 1. Any person [, partnership, corporation or association shall violate the
provisions] violating any provision of NRS 590.340 to 590.440, inclusive, [such
person, partnership, corporation or association shall be guilty of a misdemeanor.] is
subject to a civil penalty not to exceed:
(a) For the first violation, $250.
(b) For a second violation, $500.
(c) For each subsequent violation, $1,000.
2. Any money collected from the imposition of a civil penalty pursuant to
subsection 1 must be accounted for separately and:
(a) Fifty percent of the money must be used to fund a program selected by
the Director of the State Department of Agriculture that provides loans to
persons who are engaged in agriculture and who are 21 years of age or
younger; and
(b) The remaining 50 percent of the money must be deposited in the
Account for the Control of Weeds established by NRS 555.035.
Assembly Bill 70 (effective on 7/1/15)
Sec. 3. Chapter 372A of NRS is hereby amended by adding thereto the provisions set
forth as sections 4 to 21, inclusive, of this act.
Sec. 11. 1. Each person responsible for maintaining the records of a taxpayer
shall:
(a) Keep such records as may be necessary to determine the amount of the
liability of the taxpayer pursuant to the provisions of NRS 372A.075 and
sections 4 to 21, inclusive, of this act;
(b) Preserve those records for 4 years or until any litigation or prosecution
pursuant to NRS 372A.075 and sections 4 to 21, inclusive, of this act is
finally determined, whichever is longer; and
(c) Make the records available for inspection by the Department upon
demand at reasonable times during regular business hours.
2. Any person who violates the provisions of subsection 1 is guilty of a
misdemeanor.
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Sec. 20. 1. A person shall not, with intent to defraud the State or evade payment
of the excise tax on medical marijuana or any part of the tax:
(a) Make, cause to be made or permit to be made any false or fraudulent
return or declaration or false statement in any return or declaration.
(b) Make, cause to be made or permit to be made any false entry in books,
records or accounts.
(c) Keep, cause to be kept or permit to be kept more than one set of books,
records or accounts.
2. Any person who violates the provisions of subsection 1 is guilty of a gross
misdemeanor.
Assembly Bill 65 (effective on 7/1/15)
Sec. 6.3. NRS 240.1657 is hereby amended to read as follows:
1. Except as otherwise provided in subsection 2, the Secretary of State shall, upon
request and payment of a fee of $20, issue an authentication to verify that the signature
of the notarial officer on a document is genuine and that the notarial officer holds the
office indicated on the document. If the document:
(a) Is intended for use in a foreign country that is a participant in the Hague
Convention of October 5, 1961, the Secretary of State must issue an apostille in
the form prescribed by the Hague Convention of October 5, 1961.
(b) Is intended for use in the United States or in a foreign country that is not a
participant in the Hague Convention of October 5, 1961, the Secretary of State
must issue a certification.
2. The Secretary of State shall not issue an authentication pursuant to subsection 1 if:
(a) The document has not been notarized in accordance with the provisions of
this chapter; [or]
(b) The Secretary of State has reasonable cause to believe that the document
may be used to accomplish any fraudulent, criminal or other unlawful purpose [.]
; or
(c) The request to issue an authentication does not include a statement, in
the form prescribed by the Secretary of State and signed under penalty of
perjury, that the document for which the authentication is requested will
not be used to:
(1) Harass a person; or
(2) Accomplish any fraudulent, criminal or other unlawful purpose.
3. No civil action may be brought against the Secretary of State on the basis that:
(a) The Secretary of State has issued an authentication pursuant to
subsection 1; and
(b) The document has been used to:
(1) Harass a person; or
(2) Accomplish any fraudulent, criminal or other unlawful purpose.
4. A person who uses a document for which an authentication has been issued
pursuant to subsection 1 to:
45
(a) Harass a person; or
(b) Accomplish any fraudulent, criminal or other unlawful purpose,
is guilty of a category C felony and 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 5 years, and may be further punished by a fine of not more than
$5,000.
5. The Secretary of State may adopt regulations to carry out the provisions of this
section.
Assembly Bill 54 (effective on 5/25/15)
Sec. 10. NRS 354.715 is hereby amended to read as follows:
1. If a local government or any officer or employee of the local government fails to
comply with any request made by the Department pursuant to NRS 354.695, the
Department may
apply to the district court to compel compliance.
2. In any proceeding brought pursuant to subsection 1, the Department may seek
a declaration by the district court that the failure to comply with the request of the
Department was willful. A willful failure to comply by any:
(a) Officer of the local government works a forfeiture of his or her office.
(b) Employee of the local government is grounds for dismissal from his or
her employment.
3. Any officer or employee of the local government who willfully fails to comply
with any request made by the Department pursuant to NRS 354.695 is guilty of a
gross misdemeanor.
Assembly Bill 51 (effective on 7/1/15)
Sec. 13. NRS 90.650 is hereby amended to read as follows:
1. A person who willfully violates:
(a) A provision of this chapter, except NRS 90.600, or who violates NRS 90.600
knowing that the statement made is false or misleading in any material respect;
(b) A regulation adopted pursuant to this chapter; or
(c) An order denying, suspending or revoking the effectiveness of registration or
an order to cease and desist issued by the Administrator pursuant to this chapter,
is guilty of a category B felony and 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 20 years, or by a fine of not more than $500,000, or by both fine and imprisonment,
for each violation. In addition to any other penalty, the court shall order the person to
pay restitution and may order the person to repay the costs of investigation and
prosecution incurred by the Division and the Office of the Attorney General. If the
violation was committed against an older person or vulnerable person, any
restitution and costs of investigation and prosecution imposed by the court must
be in an amount equal to twice the amount that would otherwise have been
imposed by the court. Money recovered for reimbursement of the costs of
46
investigation and prosecution must be deposited in the State General Fund for credit to
the Secretary of State’s Operating General Fund Budget Account.
2. A person convicted of violating a regulation or order under this chapter may be fined,
but must not be imprisoned, if the person proves lack of knowledge of the regulation or
order.
3. This chapter does not limit the power of the State to punish a person for conduct
which constitutes a crime under other law.
Assembly Bill 49 (effective on 10/1/15)
Sec. 5. 1. Except as otherwise provided in subsection 3, a person commits the
crime of unlawful dissemination of an intimate image when, with the intent to
harass, harm or terrorize another person, the person electronically disseminates
or sells an
intimate image which depicts the other person and the other person:
(a) Did not give prior consent to the electronic dissemination or the sale of
the intimate image;
(b) Had a reasonable expectation that the intimate image would be kept
private and would not be made visible to the public; and
(c) Was at least 18 years of age when the intimate image was created.
2. A person who commits the crime of unlawful dissemination of an intimate
image is guilty of a category D felony and shall be punished as provided in NRS
193.130.
3. The provisions of this section do not apply to the electronic dissemination of
an intimate image for the purpose of:
(a) A legitimate public interest;
(b) Reporting unlawful conduct;
(c) Any lawful law enforcement or correctional activity;
(d) Investigation or prosecution of a violation of this section; or
(e) Preparation for or use in any legal proceeding.
4. A person who commits the crime of unlawful dissemination of an intimate
image is not considered a sex offender and is not subject to registration or
community notification as a sex offender pursuant to NRS 179D.010 to 179D.550,
inclusive.
Sec. 6. Any person who demands payment of money, property, services or
anything else of value from a person in exchange for removing an intimate image
from public view is guilty of a category D felony and shall be punished as
provided in NRS 193.130.
Sec. 8.5. NRS 200.368 is hereby amended to read as follows:
[Except under circumstances where a greater penalty is provided in NRS 201.540, a] A
person who commits statutory sexual seduction shall be punished:
1. If the person is 21 years of age or older [, for a category C felony as provided
in NRS 193.130.] at the time of the commission of the offense, for a
47
category B felony by imprisonment in the state prison for a minimum term
of not less than 1 year and a maximum term of not more than 10 years, and
may be further punished by a fine of not more than $10,000.
2. [If] Except as otherwise provided in subsection 3, if the person is under the
age of 21 years, for a gross misdemeanor.
3. If the person is under the age of 21 years and has previously been
convicted of a sexual offense, as defined in NRS 179D.097, for a category D
felony as provided in NRS 193.130.
Sec. 13. NRS 201.210 is hereby amended to read as follows:
1. A person who commits any act of open or gross lewdness is guilty:
(a) [For] Except as otherwise provided in this subsection, for the first
offense, of a gross misdemeanor.
(b) For any subsequent offense, or if the person has previously been
convicted of a sexual offense as defined in NRS 179D.097, of a category D
felony and shall be punished as provided in NRS 193.130.
(c) For an offense committed in the presence of a child under the age of 18
years or a vulnerable person as defined in paragraph (a) of subsection 7 of
NRS 200.5092, of a category D felony and shall be punished as provided in
NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the
child does not constitute an act of open or gross lewdness.
Sec. 14. NRS 201.220 is hereby amended to read as follows:
1. A person who makes any open and indecent or obscene exposure of his or her
person, or of the person of another, is guilty:
(a) [For] Except as otherwise provided in this subsection, for the first
offense, of a gross misdemeanor.
(b) For any subsequent offense, or if the person has previously been
convicted of a sexual offense as defined in NRS 179D.097, of a category D
felony and shall be punished as provided in NRS 193.130.
(c) For an offense committed in the presence of a child under the age of 18
years or a vulnerable person as defined in paragraph (a) of subsection 7 of
NRS 200.5092, of a category D felony and shall be punished as provided in
NRS 193.130.
2. For the purposes of this section, the breast feeding of a child by the mother of the
child does not constitute an act of open and indecent or obscene exposure of her body.
Sec. 15. NRS 201.230 is hereby amended to read as follows:
1. A person [who] is guilty of lewdness with a child if he or she:
(a) Is 18 years of age or older and willfully and lewdly commits any lewd or
lascivious act, other than acts constituting the crime of sexual assault, upon or
with the body, or any part or member thereof, of a child under the age of [14] 16
years, with the intent of arousing, appealing to, or gratifying the lust or passions
or sexual desires of that person or of that child [, is guilty of lewdness with a
child.] ; or
48
(b) Is under the age of 18 years and willfully and lewdly commits any lewd
or lascivious act, other than acts constituting the crime of sexual assault,
upon or with the body, or any part or member thereof, of a child under the
age of 14 years, with the intent of arousing, appealing to, or gratifying the
lust or passions or sexual desires of that person or of that child.
2. Except as otherwise provided in [subsection 3,] subsections 4 and 5, a person who
commits lewdness with a child under the age of 14 years is guilty of a category A
felony and shall be punished by imprisonment in the state prison for life with the
possibility of parole, with eligibility for parole beginning when a minimum of 10 years has
been served, and may be further punished by a fine of not more than $10,000.
3. Except as otherwise provided in subsection 4, a person who commits lewdness
with a child who is 14 or 15 years of age is guilty of a category B felony and 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 10 years and may be further
punished by a fine of not more than $10,000.
4. [A] Except as otherwise provided in subsection 5, a person who commits
lewdness with a child and who has been previously convicted of:
(a) Lewdness with a child pursuant to this section or any other sexual offense
against a child; or
(b) An offense committed in another jurisdiction that, if committed in this State,
would constitute lewdness with a child pursuant to this section or any other
sexual offense against a child,
is guilty of a category A felony and shall be punished by imprisonment in the state
prison for life without the possibility of parole.
[4.] 5. A person who is under the age of 18 years and who commits lewdness with
a child under the age of 14 years commits a delinquent act.
6. For the purpose of this section, “other sexual offense against a child” has the
meaning ascribed to it in subsection [5] 6 of NRS 200.366.
Sec. 18. NRS 201.540 is hereby amended to read as follows:
201.540 1. Except as otherwise provided in subsection [4,] 3, a person who:
(a) Is 21 years of age or older;
(b) Is or was employed in a position of authority by a public school or private
school or is or was volunteering in a position of authority at a public or private
school; and
(c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and:
(1) Who is or was enrolled in or attending the public school or private
school at which the person is or was employed or volunteering; or
(2) With whom the person has had contact in the course of performing his
or her duties as an employee or volunteer,
is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. [Except as otherwise provided in subsection 4, a person who: (a) Is 21 years of age
or older;
(b) Is or was employed in a position of authority by a public school or private school or is
or was volunteering in a position of authority at a public or private school; and (c)
Engages in sexual conduct with a pupil who is 14 or 15 years of age and: (1) Who is or
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was enrolled in or attending the public school or private school at which the person is or
was employed or volunteering; or
(2) With whom the person has had contact in the course of performing his or her duties
as an employee or volunteer, � is guilty of a category B felony and 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 may be further punished by a fine of not
more than $5,000. 3.] For the purposes of [subsections] subsection 1 , [and 2,] a
person shall be deemed to be or have been employed in a position of authority by a
public school or private school or deemed to be or have been volunteering in a position
of authority at a public or private school if the person is or was employed or volunteering
as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
(d) A teacher’s aide or an auxiliary, nonprofessional employee who assists
licensed personnel in the instruction or supervision of pupils pursuant to NRS
391.100.
[4.] 3. The provisions of this section do not apply to a person who is married to the
pupil.
Assembly Bill 42 (effective on 7/1/15)
Sec. 4. NRS 457.250 is hereby amended to read as follows:
1. The chief administrative officer of each health care facility in this state shall make
available to the Chief Medical Officer or the Chief Medical Officer’s representative the
records of the health care facility for [every] each case of [malignant neoplasms which
are] neoplasm that is specified by the State Board of Health as subject to reporting.
2. The Division shall abstract from the records of the health care facility or shall require
the health care facility to abstract from their own records such information as is required
by the State Board of Health. The Division shall compile the information timely and not
later than 6 months after it abstracts the information or receives the abstracted
information from the health care facility.
3. The State Board of Health shall by regulation adopt a schedule of fees which must
be assessed to the health care facility for each case from which information is
abstracted by the Division [or by the health care facility] pursuant to subsection 2. [The
fee assessed to a facility which abstracts information from its own records must not
exceed one-third of the amount assessed to facilities for which the Division abstracts.]
4. Any person who violates this section is [guilty of a misdemeanor and shall be
punished by a fine of $1,000, and may be further punished by imprisonment in the
county jail for not more than 6 months.] subject to the administrative penalty
established by the State Board of Health pursuant to subsection 5.
5. The State Board of Health shall adopt regulations establishing the
administrative penalty for any violation of this section.
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Assembly Bill 34 (effective on 7/1/15)
Section 1. Chapter 472 of NRS is hereby amended by adding thereto the provisions set
forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The State Forester Firewarden may prohibit or restrict the following
activities on any lands within the jurisdiction of the State Forester Firewarden
when a danger to public safety or natural resources exists because of conditions
which create a high risk of fire:
(a) The operation in an area of timber, brush or grass of a motor vehicle or
other item of equipment powered by a motor:
(1) If the motor does not have a spark arrestor as required by law; or
(2) If the operator does not have in his or her possession an ax,
shovel and at least 1 gallon of water;
(b) The operation in an area of timber, brush or grass of a motor vehicle off
an existing paved, gravel or dirt road;
(c) The smoking of tobacco or other substances in any place other than a
motor vehicle or an area cleared of flammable vegetation;
(d) Setting an open fire in any place other than in a fireplace located in an
established picnic area or campground; or
(e) Other activities, if specified in regulations adopted by the State Forester
Firewarden and the prohibition or restriction is related to reducing a high
risk of fire,
but these prohibitions and restrictions do not apply in established campgrounds
or picnic areas, beaches or places of habitation or to travel on state or federal
highways.
2. The State Forester Firewarden shall make a public announcement and post
signs in any area where the State Forester Firewarden has prohibited or restricted
any activities.
3. The State Forester Firewarden shall, upon finding that a danger to public safety
or to natural resources no longer exists, make known to the public the end of any
prohibition or restriction in that area.
4. The provisions of this section apply only to specified prohibitions or
restrictions and do not confer upon the State Forester Firewarden the power to
prohibit access to land.
5. Any person violating any of the provisions of this section is guilty of a
misdemeanor.
Sec. 5. 1. Except as otherwise provided in this section and NRS 527.126, it is
unlawful for any person, firm, association, corporation or agency to burn, or
cause to be burned, any brush, grass, logs or any other inflammable material, or
blast with dynamite, powder or other explosive, or set off fireworks, or operate a
welding torch, tarpot or any other device that may cause a fire in forest, grass or
brush, either on the land of the person,
firm, association, corporation or agency or on the land of another, or on public
land, unless the burning or act is done under a written permit from the State
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Forester Firewarden or the State Forester Firewarden’s duly authorized agent and
in strict accordance with the terms of the permit.
2. Written permission is not necessary:
(a) At any time during the year when the State Forester Firewarden
determines that no fire hazard exists.
(b) To burn materials in screened, safe incinerators, or in incinerators
approved by the local governmental jurisdiction, the State Forester
Firewarden or the State Forester Firewarden’s duly authorized agent, or in
small heaps or piles, where the fire is set on a public road, corrals, gardens
or ploughed fields, and at a distance not less than 100 feet from any
woodland, timber or brush-covered land or field containing dry grass or
other inflammable material with at least one adult person in actual
attendance at the fire at all times during its burning.
3. This section does not prevent the issuance of an annual permit to any:
(a) Public utility covering its usual and emergency operation and
maintenance work.
(b) Person who engages in agricultural production.
4. This section does not prevent the building of necessary controlled small camp
and branding fires if caution is taken to make certain that the fire is extinguished
before leaving. In any case where the fire escapes and does injury to the property
of another, the escape and injury are prima facie evidence of a violation of this
section.
5. The provisions of this section apply only to areas of land that are outside of
incorporated cities and towns.
6. Any person, firm, association, corporation or agency violating any of the
provisions of this section is guilty of a misdemeanor.
7. As used in this section:
(a) “Agricultural production” means an activity associated with the
production of agricultural products for food, fiber, fuel or any other lawful
use, including every process and step necessary and incident to the
preparation, production and storage of agricultural products for human or
animal consumption. The term includes, without limitation:
(1) Planting, harvesting or raising agricultural, horticultural,
floricultural or viticultural crops, including, without limitation, fruits,
vegetables, grains, seeds, nursery stock, plant products, plant byproducts and plant compost;
(2) Breeding, raising, feeding or managing livestock, furbearing
animals, fish, bees and any other animal or aquatic species, or any
product thereof;
(3) The construction, expansion, use, maintenance or repair of an
agricultural production facility;
(4) Processing and packaging; and
(5) Manufacturing feed for animals.
(b) “Agricultural production facility” means any structure or land that is
used for the production of agricultural products, including, without
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limitation, a structure or land that is privately or publicly owned, leased or
operated.
(c) “Livestock” has the meaning ascribed to it in NRS 569.0085.
Assembly Bill 16 (effective on 10/1/15)
Section 1. Chapter 212 of NRS is hereby amended by adding thereto the provisions set
forth as sections 2 to 6, inclusive, of this act.
Sec. 6. 1. An employee of or a contractor or volunteer for a prison who voluntarily
engages in, or attempts to engage in, with a prisoner who is in lawful custody or
confinement, other than in the custody of the Division of Parole and Probation of
the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or
residential confinement, any of the acts set forth in:
(a) Paragraph (a) of subsection 3, commits sexual abuse of a prisoner.
(b) Paragraph (b) of subsection 3, commits unauthorized custodial
conduct.
2. Unless a greater penalty is provided pursuant to any other applicable provision
of law, an employee of or a contractor or volunteer for a prison who commits:
(a) Sexual abuse of a prisoner is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(b) Unauthorized custodial conduct by engaging in any of the acts
described in paragraph (b) of subsection 3 is guilty of a gross
misdemeanor.
(c) Unauthorized custodial conduct by attempting to engage in any of the
acts described in paragraph (b) of subsection 3 is guilty of a misdemeanor.
3. As used in this section:
(a) “Sexual abuse”:
(1) Includes any of the following acts between an employee
of or a contractor or volunteer for a prison and a prisoner,
regardless of whether the prisoner consents to the act:
(I) Sexual intercourse or anal intercourse, including
penetration, however slight;
(II) Fellatio, cunnilingus or contact between the mouth
and the anus;
(III) Penetration, however slight, of an object into the
genital or anal opening of the body of a prisoner committed
with the intent to abuse the prisoner or to arouse, appeal to or
gratify the sexual desires of either person;
(IV) Any other intentional contact with a prisoner’s
unclothed genitals, pubic area, anus, buttocks, inner thigh or
breasts committed with the intent to abuse the prisoner or to
arouse, appeal to or gratify the sexual desires of either person;
(V) Watching a prisoner change clothing or use a
shower, toilet or urinal;
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(VI) Requiring a prisoner to expose his or her genitals,
buttocks or breasts; or
(VII) Capturing an image of the private area of a
prisoner in violation of NRS 200.604.
(2) Does not include acts of an employee of or a contractor or volunteer for
the prison in which the prisoner is confined that are performed to carry out
the official duties of such an employee, contractor or volunteer.
(b) “Unauthorized custodial conduct”:
(1) Includes any of the following acts between an employee of or a
contractor or volunteer for a prison and a prisoner, regardless of whether
the prisoner consents to the act:
(I) Contact between the mouth and any part of the body committed
with the intent to abuse the prisoner or to arouse, appeal to or
gratify the sexual desires of either person;
(II) Any other intentional contact with a prisoner’s clothed genitals,
pubic area, anus, buttocks, inner thigh or breasts committed with the
intent to abuse the prisoner or to arouse, appeal to or gratify the
sexual desires of either person;
(III) Any threat or request by an employee or a contractor or
volunteer to engage in any act described in subsubparagraphs (I)
or (II); or
(IV) Any display by an employee or a contractor or volunteer of his or
her unclothed genitals, buttocks or breasts in the presence of a
prisoner.
(2) Does not include acts of an employee of or a contractor or volunteer for
the prison in which the prisoner is confined that are performed to carry out
the official duties of such an employee, contractor or volunteer.
Sec. 7. NRS 212.187 is hereby amended to read as follows:
1. A prisoner who is in lawful custody or confinement, other than in the custody of the
Division of Parole and Probation of the Department of Public Safety pursuant to NRS
209.4886 or 209.4888 or residential confinement, and who voluntarily engages in sexual
conduct with another person who is not an employee of or a contractor or volunteer
for a prison is guilty of a category D felony and shall be punished as provided in NRS
193.130.
2. [A] Except as otherwise provided in section 6 of this act, a person who voluntarily
engages in sexual conduct with a prisoner who is in lawful custody or confinement,
other than in the custody of the Division of Parole and Probation of the Department of
Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, “sexual conduct”:
(a) Includes acts of masturbation, sexual penetration or physical contact with
another person’s clothed or unclothed genitals or pubic area to arouse, appeal to
or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an
employee of or a contractor or volunteer for the [institution] prison in which
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the prisoner is confined that are performed to carry out the necessary duties of
such a person , [or] employee [.] , contractor or volunteer.
Assembly Bill 8 (effective on 10/1/15)
Sec. 4. Chapter 200 of NRS is hereby amended by adding thereto a new section to
read as follows:
1. Except as otherwise provided in this section, a person shall not:
(a) Recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a
child in furtherance of a transaction, or advertise or facilitate a
transaction, pursuant to which a parent of the child or a person with
custody of the child places the child in the physical custody of another
person who is not a relative of the child, for the purpose of permanently
avoiding or divesting himself or herself of responsibility for the child.
(b) Sell, transfer or arrange for the sale or transfer of a child to another
person for money or anything of value or receive a child in exchange for
money or anything of value.
2. The provisions of subsection 1 do not apply to:
(a) A placement of a child with a relative, stepparent, childplacing agency
or an agency which provides child welfare services;
(b) A placement of a child by a child-placing agency or an agency which
provides child welfare services;
(c) A temporary placement of a child with another person by a parent of the
child or a person with legal or physical custody of the child, with an intent
to return for the child, including, without limitation, a temporary placement
of a child while the parent of the child or the person with legal or physical
custody of the child is on vacation, incarcerated, serving in the military,
receiving medical treatment or incapacitated;
(d) A placement of a child in accordance with NRS 127.330, 159.205 or
159.215;
(e) A placement of a child that is approved by a court of competent
jurisdiction; or
(f) Delivery of a child to a provider of emergency services pursuant to NRS
432B.630.
3. A person who violates the provisions of subsection 1 is guilty of trafficking in
children and shall be punished for a category C felony as provided in NRS
193.130.
4. As used in this section:
(a) “Advertise” has the meaning ascribed to it in NRS 127.310.
(b) “Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030.
(c) “Child” means a person who is less than 18 years of age.
(d) “Child-placing agency” has the meaning ascribed to it in NRS 127.220.
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