WORK SESSION DOCUMENT

 

 

LEGISLATIVE COMMISSION'S SUBCOMMITTEE TO

STUDY CATEGORIES OF MISDEMEANORS

(Assembly Concurrent Resolution No. 2

[File No. 6, Statutes of Nevada 2001 Special Session])

June 14, 2002

 

The following "Work Session Document" has been prepared by the staff of the Legislative Commission's Subcommittee to Study Categories of Misdemeanors (Assembly Concurrent Resolution No. 2 [File No. 6, Statutes of Nevada 2001 Special Session]). The document contains a compilation of recommendations within the scope of the study that were presented in hearings and submitted in writing during the course of the study for the Subcommittee's consideration.

 

The recommendations listed in the document do not necessarily have the support or opposition of the Subcommittee. Rather, these recommendations simply are compiled and organized so the members may review them to decide if they should be adopted, changed, rejected, or further considered. Sponsors of recommendations may be referenced in parentheses. Please note that specific sponsors of the recommendations may not be provided if the proposals were raised and discussed by numerous individuals and entities during the course of the study.

 

Please note that under Nevada Revised Statutes (NRS) 218.2429, interim committees conducting a study or investigation are limited to no more than five legislative measures (bill draft requests [BDR]). Actions the Subcommittee might take not requiring a BDR, such as drafting a letter urging an entity to perform a certain action, do not count against the five BDR limit. Finally, A.C.R. 2 specifies that a majority of the members of the Senate and a majority of the members of the Assembly appointed to the Subcommittee must approve any recommended legislation proposed by the Subcommittee.

RECOMMENDATIONS FOR LEGISLATIVE MEASURES

BILLS AND RESOLUTIONS

 

  1. Draft legislation to make any crime committed by a prisoner in a prison facility a felony. (Proposed by Bernie Romero, Sheriff, White Pine County)

 

Sheriff Romero indicated his jail has problems when ex-prisoners are sent to his jail to serve time for misdemeanor crimes committed in prison. For instance, if a prisoner commits a misdemeanor crime in prison, the prisoner will go to jail to serve the misdemeanor sentence once the prison sentence is completed. Sheriff Romero indicated his jail is full of "hardened criminals" who should be in prison, not jail. (Please refer to Tab A for further information.)

 

  1. Draft legislation to create an additional category of harm, such as "serious bodily harm" similar to the State of Utah's law. (Proposed by Dick Hingson, Private Citizen, Utah)

 

In a letter dated January 30, 2002, Mr. Hingson informed the Subcommittee of a battery committed against him while traveling on an Amtrak train near Elko, Nevada. Mr. Hingson suggests that if Nevada's law were similar to the State of Utah's in its definition of substantial bodily harm or serious bodily harm, his assailant may not have been released and/or skipped bail. (Please refer to Tab B for further information.)

 

  1. Draft legislation to revise the definition of "bodily injury." (Proposed by former State Senator Ernest E. Adler, Carson City)

 

Mr. Adler informed the Subcommittee of numerous situations where people slightly touched their spouse and were convicted of domestic violence. Mr. Adler recommends adopting language similar to the State of Utah's definition of "bodily injury" where "physical pain, illness, or any impairment of physical condition" is required. (Please refer to Tab C for further information.)

 

Please see Recommendations 4 and 8 for another option in regard to the domestic violence issue.

 

  1. Draft legislation to remove mandatory jail time for first time domestic violence offenders. (Proposed by former State Senator Ernest E. Adler, Carson City)

 

The reasoning behind this recommendation is similar to that of Recommendation 3. Mr. Adler testified of numerous situations where clients slightly touched their spouse and they were convicted of domestic violence and had to serve time in jail. If the definition of bodily injury is not changed, another option to solve this problem would be to give judges discretion during sentencing. (Please refer to Tab D for further information.)

 

Please see Recommendations 3 and 8 for another option in regard to the domestic violence issue.


  1. Draft legislation to provide the Attorney General's Office with prosecutorial responsibility for criminal violations of provisions of chapters of NRS pertaining to certain boards and commissions. (Proposed by Kimberly M. Rushton, Chief Deputy Attorney General, Office of the Attorney General, Las Vegas)

 

Ms. Rushton recommended designating the Attorney General's Office as the primary prosecutor/investigator for cases concerning occupational and licensing boards, since the Attorney General's Office is most familiar with the topic. Ms. Rushton stated this would benefit the state as well as the state's occupational and licensing boards. She indicated this recommendation would not result in a "turf battle" with the municipalities since the municipalities currently only assess civil fines or institute disciplinary proceedings-they do not presently refer cases for prosecution. (Please refer to Tab E for further information.)

 

  1. Draft legislation to repeal certain outdated laws. (Proposed by Chairman Mark A. Manendo, Subcommittee to Study Categories of Misdemeanors)

 

At the direction of Chairman Manendo, staff reviewed the list of misdemeanors provided to the Subcommittee for antiquated statutes that may be repealed. (Please refer to Tab F for further information.)

 

  1. Draft legislation to increase the penalties for the crime of graffiti. (Proposed by Stan Olsen, Lieutenant/Government Liaison, Las Vegas Metropolitan Police Department, Las Vegas)

 

Mr. Olsen testified that millions of dollars of private property is damaged as a result of graffiti in Clark County each year. Although many of the perpetrators are caught, Mr. Olsen indicated that when the cost of the damage is disseminated among the property owners, a felony charge would be reduced to a misdemeanor and then would not be worth prosecuting. (Please refer to Tab G for further information.)

 

 

RECOMMENDATIONS FOR OTHER POSSIBLE COMMITTEE ACTIONS

  1. Draft a letter on behalf of the A.C.R. 2 Subcommittee to law enforcement officers and prosecutors in Nevada reminding them of the discretion they have in domestic violence cases.

 

Various people relayed stories to the Subcommittee of situations where people have been charged and convicted of domestic violence even though the events leading to the arrest and conviction were not a case of domestic violence. (Please refer to Tab H for further information.)

 

Please see Recommendations 3 and 4 for another option in regard to the domestic violence issue.