AB150 - Revises provisions relating to the criminal justice system. (BDR 15-157)

- 83rd Session (2025) Assembly Bill No. 150–Assemblymember Orentlicher CHAPTER.......... AN ACT relating to the criminal justice system; prohibiting a person from threatening or intimidating any judicial personnel of an Indian tribe; expanding the applicability of enhanced penalties for assault and battery against certain persons; authorizing any judicial personnel of an Indian tribe to request a court order to maintain certain personal information in the possession of a county recorder, a county assessor or an elections official in a confidential manner; authorizing any judicial personnel of an Indian tribe to request the Department of Motor Vehicles to display an alternate address on the driver’s license, commercial driver’s license or identification card of the judicial personnel; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a person from threatening or intimidating a public officer, public employee or certain other persons authorized to hear or determine a controversy or matter with the intent to induce the officer, employee or person to act in a manner contrary to his or her duties. A person who commits such an act is guilty of: (1) a category B or C felony, if physical force or the immediate threat of physical force is used; and (2) a gross misdemeanor, if no physical force or immediate threat of physical force is used. (NRS 199.300) Section 1 of this bill: (1) makes this prohibition applicable to a person who threatens or intimidates any judicial personnel of an Indian tribe; and (2) defines the terms “judicial personnel” and “Indian tribe” for such purposes as defined in federal law. Existing law provides that an assault without a deadly weapon or a battery without a deadly weapon, other than a battery causing substantial harm to the victim or committed by strangulation, is punishable as a misdemeanor. (NRS 200.471, 200.481) A person who commits an assault without a deadly weapon against an officer, including certain justices and judges, in the performance of his or her duties and where the perpetrator knows or should have known that the victim is an officer is instead guilty of: (1) a category D felony, if the perpetrator is a probationer, prisoner who is in lawful custody or confinement or parolee; and (2) in all other cases, a gross misdemeanor. (NRS 200.471) Additionally, a person who commits a battery without a deadly weapon against such an officer in the performance of his or her duties and where the perpetrator knows or should have known that the victim is an officer is instead guilty of: (1) a category B felony if the battery involves substantial bodily harm or strangulation or the perpetrator is a probationer, prisoner who is in lawful custody or confinement or parolee; and (2) in all other cases where there is no substantial bodily harm or strangulation, a gross misdemeanor. (NRS 200.481) Sections 2 and 3 of this bill expand the term “officer” to include a public defender, certain court personnel and any judicial personnel of an Indian tribe for purposes of such enhanced penalties. Existing law authorizes certain persons to obtain a court order to require a county assessor, a county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in their records in a – 2 – - 83rd Session (2025) confidential manner. The persons authorized to obtain such orders include, among others, justices, judges, certain court personnel, certain prosecutors and state or county public defenders. (NRS 247.540, 250.140, 293.908) Sections 4-6 of this bill further authorize any judicial personnel of an Indian tribe to obtain such court orders. Existing law authorizes certain persons, including certain judicial officers, to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card. (NRS 481.091) Section 7 of this bill further authorizes any judicial personnel of an Indian tribe to make such requests of the Department. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 199.300 is hereby amended to read as follows: 199.300 1. A person shall not, directly or indirectly, address any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any judicial personnel of an Indian tribe or person authorized by law to hear or determine any controversy or matter, with the intent to induce such a person contrary to his or her duty to do, make, omit or delay any act, decision or determination, if the threat or intimidation communicates the intent, either immediately or in the future: (a) To cause bodily injury to any person; (b) To cause physical damage to the property of any person other than the person addressing the threat or intimidation; (c) To subject any person other than the person addressing the threat or intimidation to physical confinement or restraint; or (d) To do any other act which is not otherwise authorized by law and is intended to harm substantially any person other than the person addressing the threat or intimidation with respect to the person’s health, safety, business, financial condition or personal relationships. 2. The provisions of this section must not be construed as prohibiting a person from making any statement in good faith of an intention to report any misconduct or malfeasance by a public officer or employee. 3. A person who violates subsection 1 is guilty of: (a) If physical force or the immediate threat of physical force is used in the course of the intimidation or in the making of the threat: (1) For a first offense, a category C felony and shall be punished as provided in NRS 193.130. – 3 – - 83rd Session (2025) (2) For a second or subsequent offense, 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 10 years, and may be further punished by a fine of not more than $10,000. (b) If no physical force or immediate threat of physical force is used in the course of the intimidation or in the making of the threat, a gross misdemeanor. 4. As used in this section [, “public] : (a) “Indian tribe” has the meaning ascribed to it in 25 U.S.C. § 3602(3). (b) “Judicial personnel” has the meaning ascribed to it in 25 U.S.C. § 3602(4). (c) “Public employee” means any person who performs public duties for compensation paid by the State, a county, city, local government or other political subdivision of the State or an agency thereof, including, without limitation, a person who performs a service for compensation pursuant to a contract with the State, county, city, local government or other political subdivision of the State or an agency thereof. Sec. 2. NRS 200.471 is hereby amended to read as follows: 200.471 1. As used in this section: (a) “Assault” means: (1) Unlawfully attempting to use physical force against another person; or (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm. (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020. (c) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS, an office of a person listed in NRS 629.031, a clinic or any other location, other than a residence, where health care is provided. (d) “Indian tribe” has the meaning ascribed to it in 25 U.S.C. § 3602(3). (e) “Judicial personnel” has the meaning ascribed to it in 25 U.S.C. § 3602(4). (f) “Officer” means: (1) A person who possesses some or all of the powers of a peace officer; (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public; (3) A member of a volunteer fire department; – 4 – - 83rd Session (2025) (4) A jailer, guard or other correctional officer of a city or county jail; (5) A prosecuting attorney or public defender of an agency or political subdivision of the United States or of this State; (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; (7) Any judicial personnel of an Indian tribe; (8) A clerk of a court, court administrator or court executive officer in this State; (9) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits; [(8)] (10) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to: (I) Interact with the public; (II) Perform tasks related to law enforcement; and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency; [(9)] (11) A civilian employee or a volunteer of a fire- fighting agency whose official duties require the employee or volunteer to: (I) Interact with the public; (II) Perform tasks related to fire fighting or fire prevention; and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or [(10)] (12) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to: (I) Interact with the public; (II) Perform tasks related to code enforcement; and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State. [(e)] (g) “Provider of health care” means: (1) A physician, a medical student, a perfusionist, an anesthesiologist assistant or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a – 5 – - 83rd Session (2025) homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant or anesthesiologist assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a naprapath, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, an expanded function dental assistant, an expanded function dental assistant student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician, a paramedic or a participant in a program of training to provide emergency medical services; or (2) An employee of or volunteer for a health care facility who: (I) Interacts with the public; (II) Performs tasks related to providing health care; and (III) Wears identification, clothing or a uniform that identifies the person as an employee or volunteer of the health care facility. [(f)] (h) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281. [(g)] (i) “Sporting event” has the meaning ascribed to it in NRS 41.630. [(h)] (j) “Sports official” has the meaning ascribed to it in NRS 41.630. [(i)] (k) “Taxicab” has the meaning ascribed to it in NRS 706.8816. [(j)] (l) “Taxicab driver” means a person who operates a taxicab. [(k)] (m) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system. – 6 – - 83rd Session (2025) [(l)] (n) “Utility worker” means an employee of a public utility as defined in NRS 704.020 whose official duties require the employee to: (1) Interact with the public; (2) Perform tasks related to the operation of the public utility; and (3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility. 2. A person convicted of an assault shall be punished: (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor. (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a 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 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault: (1) Is committed upon: (I) An officer, a school employee, a taxicab driver, a transit operator or a utility worker who is performing his or her duty; (II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or (III) A sports official based on the performance of his or her duties at a sporting event; and (2) The person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,  for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by i [Text truncated for display. Full text available on LegiScan.]