Senate Bill No. 180–Committee on Judiciary
(On Behalf of District Attorneys Association)
February 15, 2001
Referred to Committee on Judiciary
– Matter in bolded italics is new; matter
[ omitted material] is material to be omitted.
AN ACT relating to crimes; prohibiting the suspension of sentence or granting of probation to persons convicted of certain sexual offenses involving victims who are minors; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-2 176A.100 1. Except as otherwise provided in this section and NRS
1-3 176A.110 and 176A.120, if a person is found guilty in a district court upon
1-4 verdict or plea of:
1-5 (a) Murder of the first or second degree, kidnapping in the first degree,
1-6 sexual assault, attempted sexual assault of a child who is less than 16 years
1-7 of age, a violation of NRS 200.710, 200.720, subparagraph (1) of
1-8 paragraph (a) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450,
1-9 an offense for which the suspension of sentence or the granting of
1-10 probation is expressly forbidden, or if the person is found to be a habitual
1-11 criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant
1-12 to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court
1-13 shall not suspend the execution of the sentence imposed or grant probation
1-14 to the person.
1-15 (b) A category E felony, except as otherwise provided in this paragraph,
1-16 the court shall suspend the execution of the sentence imposed and grant
1-17 probation to the person. The court may, as it deems advisable, decide not to
1-18 suspend the execution of the sentence imposed and grant probation to the
1-19 person if, at the time the crime was committed, the person:
2-1 (1) Was serving a term of probation, whether in this state or
2-2 elsewhere, for a felony conviction;
2-3 (2) Had previously had his probation revoked, whether in this state or
2-4 elsewhere, for a felony conviction; or
2-5 (3) Had previously been two times convicted, whether in this state or
2-6 elsewhere, of a crime that under the laws of the situs of the crime or of this
2-7 state would amount to a felony.
2-8 If the person denies the existence of a previous conviction, the court shall
2-9 determine the issue of the previous conviction after hearing all relevant
2-10 evidence presented on the issue by the prosecution and the person. At such
2-11 a hearing, the person may not challenge the validity of a previous
2-12 conviction. For the purposes of this paragraph, a certified copy of a felony
2-13 conviction is prima facie evidence of conviction of a prior felony.
2-14 (c) Another felony, a gross misdemeanor or a misdemeanor, the court
2-15 may suspend the execution of the sentence imposed and grant probation as
2-16 the court deems advisable.
2-17 2. In determining whether to grant probation to a person, the court
2-18 shall not consider whether the person has the financial ability to participate
2-19 in a program of probation secured by a surety bond established pursuant to
2-20 NRS 176A.300 to 176A.370, inclusive.
2-21 3. The court shall consider the standards adopted pursuant to NRS
2-22 213.10988 and the recommendation of the chief parole and probation
2-23 officer, if any, in determining whether to grant probation to a person.
2-24 4. If the court determines that a person is otherwise eligible for
2-25 probation but requires more supervision than would normally be provided
2-26 to a person granted probation, the court may, in lieu of sentencing him to a
2-27 term of imprisonment, grant him probation pursuant to the program of
2-28 intensive supervision established pursuant to NRS 176A.440.
2-29 5. Except as otherwise provided in this subsection, if a person is
2-30 convicted of a felony and the division is required to make a presentence
2-31 investigation and report to the court pursuant to NRS 176.135, the court
2-32 shall not grant probation to the person until the court receives the report of
2-33 the presentence investigation from the chief parole and probation officer.
2-34 The chief parole and probation officer shall submit the report of the
2-35 presentence investigation to the court not later than 45 days after receiving
2-36 a request for a presentence investigation from the county clerk. If the report
2-37 of the presentence investigation is not submitted by the chief parole and
2-38 probation officer within 45 days, the court may grant probation without the
2-40 6. If the court determines that a person is otherwise eligible for
2-41 probation, the court shall, when determining the conditions of that
2-42 probation, consider the imposition of such conditions as would facilitate
2-43 timely payments by the person of his obligation, if any, for the support of a
2-44 child and the payment of any such obligation which is in arrears.
2-45 Sec. 2. NRS 176A.110 is hereby amended to read as follows:
2-46 176A.110 1. The court shall not grant probation to or suspend the
2-47 sentence of a person convicted of an offense listed in subsection 3 unless a
2-48 psychologist licensed to practice in this state or a psychiatrist licensed to
3-1 practice medicine in this state certifies that the person is not a menace to
3-2 the health, safety or morals of others.
3-3 2. This section does not create a right in any person to be certified or
3-4 continue to be certified , and no person may bring a cause of action against
3-5 the state, its political subdivisions, agencies, boards, commissions,
3-6 departments, officers or employees for not certifying or refusing to
3-7 consider a person for certification pursuant to this section.
3-8 3. The provisions of this section apply to a person convicted of any of
3-9 the following offenses:
3-10 (a) Attempted sexual assault of a person who is 16 years of age or older
3-11 pursuant to NRS 200.366.
3-12 (b) Statutory sexual seduction pursuant to NRS 200.368[.] or an
3-13 attempt to commit such an offense.
3-14 (c) Battery with intent to commit sexual assault pursuant to NRS
3-15 200.400[.] or an attempt to commit such an offense.
3-16 (d) Abuse or neglect of a child pursuant to NRS 200.508[.] or an
3-17 attempt to commit such an offense.
3-18 (e) An attempt to commit an offense involving pornography and a
3-19 minor pursuant to NRS 200.710 or 200.720.
3-20 (f) An offense involving pornography and a minor pursuant to NRS
3-21 [200.710 to 200.730, inclusive.
3-22 (f)] 200.725 or 200.730 or an attempt to commit such an offense.
3-23 (g) Incest pursuant to NRS 201.180[.
3-24 (g)] or an attempt to commit such an offense.
3-25 (h) Solicitation of a minor to engage in acts constituting the infamous
3-26 crime against nature pursuant to subparagraph (2) of paragraph (a) of
3-27 subsection 1 of NRS 201.195 or paragraph (b) of subsection 1 of NRS
3-29 (h)] or an attempt to commit such an offense.
3-30 (i) Attempted solicitation of a minor to engage in acts constituting the
3-31 infamous crime against nature pursuant to subparagraph (1) of
3-32 paragraph (a) of subsection 1 of NRS 201.195.
3-33 (j) Open or gross lewdness pursuant to NRS 201.210[.
3-34 (i)] or an attempt to commit such an offense.
3-35 (k) Indecent or obscene exposure pursuant to NRS 201.220[.
3-36 (j) Lewdness] or an attempt to commit such an offense.
3-37 (l) Attempted lewdness with a child pursuant to NRS 201.230.
3-38 [(k) Sexual]
3-39 (m) Attempted sexual penetration of a dead human body pursuant to
3-40 NRS 201.450.
3-41 [(l)] (n) A violation of NRS 207.180[.
3-42 (m) An] or an attempt to commit such an offense . [listed in paragraphs
3-43 (b) to (l), inclusive.
3-44 (n)] (o) Coercion or attempted coercion that is determined to be
3-45 sexually motivated pursuant to NRS 207.193.
3-46 Sec. 3. The amendatory provisions of this act do not apply to offenses
3-47 committed before October 1, 2001.