SB37 - Prohibits engaging in road rage. (BDR 43-242)

S.B. 37 - *SB37* SENATE BILL NO. 37–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF THE NEVADA HIGHWAY PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY) PREFILED NOVEMBER 15, 2024 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Prohibits engaging in road rage. (BDR 43-242) 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: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to traffic laws; providing that a person who engages in road rage is guilty of a misdemeanor or gross misdemeanor; defining road rage; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law makes it unlawful for a person to engage in reckless driving, 1 organize an unauthorized speed contest or facilitate an unauthorized trick driving 2 display on a highway or premises to which the public has access. Existing law 3 further establishes penalties for committing such actions. (NRS 484B.653) This bill 4 makes it unlawful for a person to engage in road rage. Under this bill, a person 5 engages in road rage if the person is the driver or occupant of a vehicle and, in 6 response to an incident that occurs or escalates on a highway or premises to which 7 the public has access, he or she: (1) commits an assault against the driver or 8 occupant of another vehicle; or (2) knowingly operates a vehicle in a manner 9 intended to intimidate, harass, frighten, alarm or distress the driver or occupant of 10 another vehicle. Finally, this bill provides that a person who engages in road rage is 11 guilty of a misdemeanor for the first offense and a gross misdemeanor for a second 12 or subsequent offense, with graduated penalties that may include: (1) a fine; (2) 13 imprisonment for up to 364 days in the county jail; (3) suspension of the driver’s 14 license of the person; (4) the requirement to perform community service; and (5) 15 impoundment of the vehicle used by the person for a specified period of time. 16 – 2 – - *SB37* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 484B.653 is hereby amended to read as 1 follows: 2 484B.653 1. It is unlawful for a person to: 3 (a) Drive a vehicle in willful or wanton disregard of the safety of 4 persons or property on a highway or premises to which the public 5 has access. 6 (b) Drive a vehicle in an unauthorized speed contest on a 7 highway or premises to which the public has access. 8 (c) Organize an unauthorized speed contest on a highway or 9 premises to which the public has access. 10 (d) Drive a vehicle in an unauthorized trick driving display on a 11 highway or premises to which the public has access. 12 (e) Facilitate an unauthorized trick driving display on a highway 13 or premises to which the public has access. 14 (f) Engage in road rage. 15  A violation of paragraph (a), (b) or (d) of this subsection or 16 subsection 1 of NRS 484B.550 constitutes reckless driving. 17 2. If, while violating the provisions of subsections 1 to 5, 18 inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of 19 subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, 20 inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the 21 driver of a motor vehicle on a highway or premises to which the 22 public has access is the proximate cause of a collision with a 23 pedestrian or a person riding a bicycle, an electric bicycle or an 24 electric scooter, the violation constitutes reckless driving. 25 3. A person who violates paragraph (a) of subsection 1 is guilty 26 of a misdemeanor and: 27 (a) For the first offense, shall be punished: 28 (1) By a fine of not less than $250 but not more than $1,000; 29 or 30 (2) By both fine and imprisonment in the county jail for not 31 more than 6 months. 32 (b) For the second offense, shall be punished: 33 (1) By a fine of not less than $1,000 but not more than 34 $1,500; or 35 (2) By both fine and imprisonment in the county jail for not 36 more than 6 months. 37 (c) For the third and each subsequent offense, shall be punished: 38 (1) By a fine of not less than $1,500 but not more than 39 $2,000; or 40 (2) By both fine and imprisonment in the county jail for not 41 more than 6 months. 42 – 3 – - *SB37* 4. A person who violates paragraph (b) or (c) of subsection 1 1 or commits a violation which constitutes reckless driving pursuant 2 to subsection 2 is guilty of a misdemeanor and: 3 (a) For the first offense: 4 (1) Shall be punished by a fine of not less than $250 but not 5 more than $1,000; 6 (2) Shall perform not less than 50 hours, but not more than 7 99 hours, of community service; and 8 (3) May be punished by imprisonment in the county jail for 9 not more than 6 months. 10 (b) For the second offense: 11 (1) Shall be punished by a fine of not less than $1,000 but 12 not more than $1,500; 13 (2) Shall perform not less than 100 hours, but not more than 14 199 hours, of community service; and 15 (3) May be punished by imprisonment in the county jail for 16 not more than 6 months. 17 (c) For the third and each subsequent offense: 18 (1) Shall be punished by a fine of not less than $1,500 but 19 not more than $2,000; 20 (2) Shall perform 200 hours of community service; and 21 (3) May be punished by imprisonment in the county jail for 22 not more than 6 months. 23 5. In addition to any fine, community service and 24 imprisonment imposed upon a person pursuant to subsection 4, the 25 court: 26 (a) Shall issue an order suspending the driver’s license of the 27 person for a period of not less than 6 months but not more than 2 28 years and requiring the person to surrender all driver’s licenses then 29 held by the person; 30 (b) Within 5 days after issuing an order pursuant to paragraph 31 (a), shall forward to the Department any licenses, together with a 32 copy of the order; 33 (c) For the first offense, may issue an order impounding, for a 34 period of 15 days, any vehicle that is registered to the person who 35 violates paragraph (b) or (c) of subsection 1 if the vehicle is used in 36 the commission of the offense; and 37 (d) For the second and each subsequent offense, shall issue an 38 order impounding, for a period of 30 days, any vehicle that is 39 registered to the person who violates paragraph (b) or (c) of 40 subsection 1 if the vehicle is used in the commission of the offense. 41 6. A person who violates paragraph (d) of subsection 1 is guilty 42 of a gross misdemeanor and: 43 (a) For the first offense: 44 – 4 – - *SB37* (1) Shall be punished by a fine of not less than $1,000 but 1 not more than $1,500; 2 (2) Shall perform not less than 100 hours, but not more than 3 199 hours, of community service; and 4 (3) May be punished by imprisonment in the county jail for 5 not more than 364 days. 6 (b) For the second offense and each subsequent offense: 7 (1) Shall be punished by a fine of not less than $1,500 but 8 not more than $2,000; 9 (2) Shall perform 200 hours of community service; and 10 (3) May be punished by imprisonment in the county jail for 11 not more than 364 days. 12 7. A person who violates paragraph (e) or (f) of subsection 1 is 13 guilty of: 14 (a) For the first offense, a misdemeanor and: 15 (1) Shall be punished by a fine of not more than $1,000; 16 (2) Shall perform not less than 50 hours, but not more than 17 99 hours, of community service; and 18 (3) May be punished by imprisonment in the county jail for 19 not more than 6 months. 20 (b) For the second offense and each subsequent offense, a gross 21 misdemeanor and: 22 (1) Shall be punished by a fine of not less than $1,000 and 23 not more than $1,500; 24 (2) Shall perform not less than 100 hours, but not more than 25 199 hours, of community service; and 26 (3) May be punished by imprisonment in the county jail for 27 not more than 364 days. 28 8. In addition to any fine, community service and 29 imprisonment imposed upon a person pursuant to subsection 6 or 7, 30 the court: 31 (a) May issue an order suspending the driver’s license of the 32 person for a period of not less than 6 months but not more than 2 33 years and requiring the person to surrender all driver’s licenses then 34 held by the person; 35 (b) Within 5 days after issuing an order pursuant to paragraph 36 (a), shall forward to the Department any licenses, together with a 37 copy of the order; and 38 (c) May issue an order impounding, for a period of 30 days, any 39 vehicle that is registered to the person if the vehicle is used in the 40 commission of the offense. 41 9. Unless a greater penalty is provided pursuant to subsection 4 42 of NRS 484B.550, a person who does any act or neglects any duty 43 imposed by law while driving or in actual physical control of any 44 vehicle on a highway or premises to which the public has access in 45 – 5 – - *SB37* willful or wanton disregard of the safety of persons or property, if 1 the act or neglect of duty proximately causes the death of or 2 substantial bodily harm to another person, is guilty of a category B 3 felony and shall be punished by imprisonment in the state prison 4 for: 5 (a) Except as otherwise provided in paragraph (b), a minimum 6 term of not less than 1 year and a maximum term of not more than 6 7 years and by a fine of not less than $2,000 but not more than $5,000. 8 (b) A minimum term of not less than 1 year and a maximum 9 term of not more than 10 years and by a fine of not less than $2,000 10 but not more than $5,000 if: 11 (1) The violation involves operating a vehicle at a rate of 12 speed that is 50 miles per hour or more over the posted speed limit; 13 or 14 (2) The violation is committed in an area designated as a 15 pedestrian safety zone or school zone or a school crossing zone. 16 10. A person who violates any provision of this section may be 17 subject to any additional penalty set forth in NRS 484B.130 or 18 484B.135 unless the person is subject to the penalty provided 19 pursuant to subsection 4 of NRS 484B.550. 20 11. For the purposes of this section, a person engages in road 21 rage if the person is the driver or an occupant of a vehicle and, in 22 response to an incident that occurs or escalates on a highway or 23 premises to which the public has access, he or she: 24 (a) Commits an assault against the driver or an occupant of 25 another vehicle; or 26 (b) Knowingly operates a vehicle in a manner intended to 27 intimidate, harass, frighten, alarm or distress the driver or 28 occupant of another vehicle. 29 12. As used in this section: 30 (a) “Assault” has the meaning ascribed to it in NRS 200.471. 31 (b) “Facilitate” means to plan, schedule or promote, or assist in 32 the planning, scheduling or promotion of, an unauthorized trick 33 driving display or in any other way participate in an unauthorized 34 trick driving display, including, without limitation: 35 (1) Using a vehicle to divert, slow, impede or otherwise 36 block traffic with the intent to enable or assist an unauthorized trick 37 driving display; or 38 (2) Filming or otherwise recording an unauthorized trick 39 driving display with the intent to promote an unauthorized trick 40 driving display. 41 [(b)] (c) “Organize” means to plan, schedule or promote, or 42 assist in the planning, scheduling or promotion of, an unauthorized 43 speed contest on a highway or premises to which the public has 44 – 6 – - *SB37* access, regardless of whether a fee is charged for attending the 1 unauthorized speed contest. 2 [(c)] (d) “Trick driving display” means using a vehicle to 3 perform tricks, stunts or other maneuvers on a highway, or premises 4 to which the public has access, upon which traffic has been diverted, 5 slowed, impeded or blocked to enable the performing of such tricks, 6 stunts or maneuvers or having such tricks, stunts or maneuvers 7 filmed or otherwise recorded. 8 Sec. 2. This act becomes effective upon passage and approval. 9 H