Text of NV SB 180 (2011)

S.B. 180 - *SB180* SENATE BILL NO. 180–SENATORS PARKS, BREEDEN AND WIENER (BY REQUEST) FEBRUARY 17, 2011 ____________ JOINT SPONSORS: ASSEMBLYMEN AIZLEY, ATKINSON; CONKLIN AND OCEGUERA ____________ Referred to Committee on Judiciary SUMMARY—Expands provisions governing criminal and civil liability for certain crimes to include crimes motivated by the victim’s gender identity or expression. (BDR 15-414) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to crimes; providing an additional penalty for certain crimes motivated by the victim’s gender identity or expression; expanding the aggravating circumstances for murder of the first degree to include murder which was motivated by the victim’s gender identity or expression; providing certain civil liability for a person who commits certain crimes motivated by the victim’s gender identity or expression; revising provisions concerning the reporting of certain crimes; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that if a person commits certain crimes because of the 1 victim’s actual or perceived race, color, religion, national origin, physical or mental 2 disability or sexual orientation: (1) the person who committed the crime is subject 3 to an additional penalty; (2) a charge of murder of the first degree may be 4 aggravated based on the crime committed; (3) unless a greater penalty is provided 5 by law, the person who committed the crime is guilty of a gross misdemeanor; and 6 – 2 – - *SB180* (4) a person injured by the crime may bring a civil action against the person who 7 committed the crime. (NRS 41.690, 193.1675, 200.033, 207.185) Further, existing 8 law requires the Director of the Department of Public Safety to establish a Program 9 for Reporting Crimes that is designed to collect, compile and analyze statistical data 10 about crimes that manifest evidence of prejudice based on race, color, religion, 11 national origin, physical or mental disability or sexual orientation. (NRS 179A.175) 12 This bill expands those provisions to include cases in which a person commits a 13 crime because of the victim’s actual or perceived gender identity or expression. 14 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 193 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 “Gender identity or expression” means a gender-related 3 identity, appearance, expression or behavior of a person, 4 regardless of the person’s assigned sex at birth. 5 Sec. 2. NRS 193.010 is hereby amended to read as follows: 6 193.010 As used in this title, unless the context otherwise 7 requires, the words and terms defined in NRS 193.011 to 193.0245, 8 inclusive, and section 1 of this act have the meanings ascribed to 9 them in those sections. 10 Sec. 3. NRS 193.1675 is hereby amended to read as follows: 11 193.1675 1. Except as otherwise provided in NRS 193.169, 12 any person who willfully violates any provision of NRS 200.280, 13 200.310, 200.366, 200.380, 200.400, 200.460 to 200.465, inclusive, 14 paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 15 200.5099 or subsection 2 of NRS 200.575 because the actual or 16 perceived race, color, religion, national origin, physical or mental 17 disability , [or] sexual orientation or gender identity or expression 18 of the victim was different from that characteristic of the perpetrator 19 may, in addition to the term of imprisonment prescribed by statute 20 for the crime, be punished by imprisonment in the state prison for a 21 minimum term of not less than 1 year and a maximum term of not 22 more than 20 years. In determining the length of any additional 23 penalty imposed, the court shall consider the following information: 24 (a) The facts and circumstances of the crime; 25 (b) The criminal history of the person; 26 (c) The impact of the crime on any victim; 27 (d) Any mitigating factors presented by the person; and 28 (e) Any other relevant information. 29
The court shall state on the record that it has considered the 30 information described in paragraphs (a) to (e), inclusive, in 31 determining the length of any additional penalty imposed. 32 2. A sentence imposed pursuant to this section: 33 (a) Must not exceed the sentence imposed for the crime; and 34 – 3 – - *SB180* (b) Runs consecutively with the sentence prescribed by statute 1 for the crime. 2 3. This section does not create a separate offense but provides 3 an additional penalty for the primary offense, whose imposition is 4 contingent upon the finding of the prescribed fact. 5 Sec. 4. NRS 200.033 is hereby amended to read as follows: 6 200.033 The only circumstances by which murder of the first 7 degree may be aggravated are: 8 1. The murder was committed by a person under sentence of 9 imprisonment. 10 2. The murder was committed by a person who, at any time 11 before a penalty hearing is conducted for the murder pursuant to 12 NRS 175.552, is or has been convicted of: 13 (a) Another murder and the provisions of subsection 12 do not 14 otherwise apply to that other murder; or 15 (b) A felony involving the use or threat of violence to the person 16 of another and the provisions of subsection 4 do not otherwise apply 17 to that felony. 18
For the purposes of this subsection, a person shall be deemed to 19 have been convicted at the time the jury verdict of guilt is rendered 20 or upon pronouncement of guilt by a judge or judges sitting without 21 a jury. 22 3. The murder was committed by a person who knowingly 23 created a great risk of death to more than one person by means of a 24 weapon, device or course of action which would normally be 25 hazardous to the lives of more than one person. 26 4. The murder was committed while the person was engaged, 27 alone or with others, in the commission of, or an attempt to commit 28 or flight after committing or attempting to commit, any robbery, 29 arson in the first degree, burglary, invasion of the home or 30 kidnapping in the first degree, and the person charged: 31 (a) Killed or attempted to kill the person murdered; or 32 (b) Knew or had reason to know that life would be taken or 33 lethal force used. 34 5. The murder was committed to avoid or prevent a lawful 35 arrest or to effect an escape from custody. 36 6. The murder was committed by a person, for himself or 37 herself or another, to receive money or any other thing of monetary 38 value. 39 7. The murder was committed upon a peace officer or 40 firefighter who was killed while engaged in the performance of his 41 or her official duty or because of an act performed in his or her 42 official capacity, and the defendant knew or reasonably should have 43 known that the victim was a peace officer or firefighter. For the 44 purposes of this subsection, “peace officer” means: 45 – 4 – - *SB180* (a) An employee of the Department of Corrections who does not 1 exercise general control over offenders imprisoned within the 2 institutions and facilities of the Department, but whose normal 3 duties require the employee to come into contact with those 4 offenders when carrying out the duties prescribed by the Director of 5 the Department. 6 (b) Any person upon whom some or all of the powers of a peace 7 officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, 8 when carrying out those powers. 9 8. The murder involved torture or the mutilation of the victim. 10 9. The murder was committed upon one or more persons at 11 random and without apparent motive. 12 10. The murder was committed upon a person less than 14 13 years of age. 14 11. The murder was committed upon a person because of the 15 actual or perceived race, color, religion, national origin, physical or 16 mental disability , [or] sexual orientation or gender identity or 17 expression of that person. 18 12. The defendant has, in the immediate proceeding, been 19 convicted of more than one offense of murder in the first or second 20 degree. For the purposes of this subsection, a person shall be 21 deemed to have been convicted of a murder at the time the jury 22 verdict of guilt is rendered or upon pronouncement of guilt by a 23 judge or judges sitting without a jury. 24 13. The person, alone or with others, subjected or attempted to 25 subject the victim of the murder to nonconsensual sexual penetration 26 immediately before, during or immediately after the commission of 27 the murder. For the purposes of this subsection: 28 (a) “Nonconsensual” means against the victim’s will or under 29 conditions in which the person knows or reasonably should know 30 that the victim is mentally or physically incapable of resisting, 31 consenting or understanding the nature of his or her conduct, 32 including, but not limited to, conditions in which the person knows 33 or reasonably should know that the victim is dead. 34 (b) “Sexual penetration” means cunnilingus, fellatio or any 35 intrusion, however slight, of any part of the victim’s body or any 36 object manipulated or inserted by a person, alone or with others, into 37 the genital or anal openings of the body of the victim, whether or 38 not the victim is alive. The term includes, but is not limited to, anal 39 intercourse and sexual intercourse in what would be its ordinary 40 meaning. 41 14. The murder was committed on the property of a public or 42 private school, at an activity sponsored by a public or private school 43 or on a school bus while the bus was engaged in its official duties by 44 a person who intended to create a great risk of death or substantial 45 – 5 – - *SB180* bodily harm to more than one person by means of a weapon, device 1 or course of action that would normally be hazardous to the lives of 2 more than one person. For the purposes of this subsection, “school 3 bus” has the meaning ascribed to it in NRS 483.160. 4 15. The murder was committed with the intent to commit, 5 cause, aid, further or conceal an act of terrorism. For the purposes of 6 this subsection, “act of terrorism” has the meaning ascribed to it in 7 NRS 202.4415. 8 Sec. 5. NRS 207.185 is hereby amended to read as follows: 9 207.185 Unless a greater penalty is provided by law, a person 10 who, by reason of the actual or perceived race, color, religion, 11 national origin, physical or mental disability , [or] sexual orientation 12 or gender identity or expression of another person or group of 13 persons, willfully violates any provision of NRS 200.471, 200.481, 14 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 15 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 16 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 is guilty of 17 a gross misdemeanor. 18 Sec. 6. NRS 41.690 is hereby amended to read as follows: 19 41.690 1. A person who has suffered injury as the proximate 20 result of the willful violation of the provisions of NRS 200.280, 21 200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.464, 22 200.465, 200.467, 200.468, 200.471, 200.481, 200.508, 200.5099, 23 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 24 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 25 206.200, 206.310, 207.180, 207.200 or 207.210 by a perpetrator 26 who was motivated by the injured person’s actual or perceived race, 27 color, religion, national origin, physical or mental disability , [or] 28 sexual orientation or gender identity or expression may bring an 29 action for the recovery of his or her actual damages and any punitive 30 damages which the facts may warrant. If the person who has 31 suffered injury prevails in an action brought pursuant to this 32 subsection, the court shall award the person costs and reasonable 33 attorney’s fees. 34 2. The liability imposed by this section is in addition to any 35 other liability imposed by law. 36 3. As used in this section, “gender identity or expression” has 37 the meaning ascribed to it in section 1 of this act. 38 Sec. 7. NRS 179A.175 is hereby amended to read as follows: 39 179A.175 1. The Director of the Department shall establish 40 within the Central Repository a Program for Reporting Crimes that 41 manifest evidence of prejudice based on race, color, religion, 42 national origin, physical or mental disability , [or] sexual orientation 43 [.] or gender identity or expression. 44 – 6 – - *SB180* 2. The Program must be designed to collect, compile and 1 analyze statistical data about crimes that manifest evidence of 2 prejudice based on race, color, religion, national origin, physical or 3 mental disability , [or] sexual orientation [.] or gender identity or 4 expression. The Director shall adopt guidelines for the collection of 5 the statistical data, including, but not limited to, the criteria to 6 establish the presence of prejudice. 7 3. The Central Repository shall include in its annual report to 8 the Governor pursuant to subsection 6 of NRS 179A.075, and in any 9 other appropriate report, an independent section relating solely to 10 the analysis of crimes that manifest evidence of prejudice based on 11 race, color, religion, national origin, physical or mental disability , 12 [or] sexual orientation [.] or gender identity or expression. 13 4. Data acquired pursuant to this section must be used only for 14 research or statistical purposes and must not contain any information 15 that may reveal the identity of an individual victim of a crime. 16 5. As used in this section, “gender identity or expression” has 17 the meaning ascribed to it in section 1 of this act. 18 H