1 AB 236 Amendment Summary Chart:
Topic As Introduced As Amended Bill Section
Ex-felon in possession of a weapon Reclassifies as a category C offense with a penalty of 1-5 years instead of a category B offense with a penalty 1-6 years. Restores existing penalty B. 53 Habitual Criminal Amends habitual criminal statute to include look-back periods ana
logous to NV’s sealing statute.
Removes the new look-back period language and amends the habitual criminal statute to require five prior felony convictions for the habitual criminal penalty for a category B offense and seven prior felony convictions for a category A offense penalty. Exclude unlawful use of a controlled substance from being used as an underlying offense in addition to possession. 86 Burglary Amends burglary statue to distinguish between different structures with corresponding penalties. Burglary of a motor vehicle is a gross misdemeanor for the first or second offense and a category E felony for the third and subsequent. Amend burglary statute to change the sentence for burglary of a motor vehicle from a gross misdemeanor to a category E felony. 55 Housebreaking Reclassifies the offense of housebreaking as a gross misdemeanor. Restores existing penalty of housebreaking as a category D felony. 57 Theft Raised the felony theft threshold to $2,000 dollars and applied a tiered penalty structure based on value as follows:
Under $1,000 - Misdemeanor
$1k -$2k - Gross Misdemeanor
$2k -$5k - Category D
$5k - $25k - Category C
$25k -$100k - Category B (1 to 10)
above $100k - Category B (1 to 20) Lowers the felony theft threshold from $2,000 to $1,200, removing the gross misdemeanor offense threshold, and amending the category D felony range from $2,000 to $5,000 to $1,200 to $5,000 dollars. 58- 61, 64, 65, 69-75, 79-83, 85, 126, 131, 131.5, 132
2 Theft of a motor vehicle Applies the tiered penalty structure to theft of a motor vehicle. Amends language to remove value amount and create a tiered penalty structure based on number of offenses. First offense is a Category C (1-5 years) and 2
nd
and subsequent offenses in five years is a Category B (1-6 years). 63 Petit larceny Establishes two degrees of petit larceny. One in the first degree with a $2,000 threshold as a gross misdemeanor offense and another in the second degree with a $1,000 threshold as a misdemeanor offense. Amends language to remove gross misdemeanor offense and establish the threshold at $1,200 dollars for a felony offense. 64 Theft from a person Applies tiered penalty structure to theft from a person. Amends language to remove the value amount. Any theft from a person is a category C felony. 66 Theft from a vending machine Applies tiered penalty structure to theft from a vending machine. Repeals entire section. 60.3, 60.7, 64.5, 67, 84.7, 85.5 Offense involving a stolen vehicle Applies tiered penalty structure to theft of a motor vehicle. Amends language to remove the value amount and make any theft of a motor vehicle a category C offense with a penalty of 1-5 years. 68 Unlawful acts regarding computers Applies tiered penalty structure to such offenses. Restores language to existing threshold of $500 dollars. 76, 77, 78 Use of scanning devices Not in original bill. Amends language to incorporate sections changed in AB 195 84.3, 84.5 Sentencing Commission Data Collection Establishes the Sentencing Commission as the oversight body for the reforms of AB 236 and outlines continued collection of data to monitor the progress of the reforms. Amends language to ensure data collection includes breakouts by key demographics such as gender, race, ethnicity, and sexual orientation, as well as crime rates tracked by the Central Repository. 6 Diversion Expands the existing pre-adjudication diversion program to nonviolent first time felony offenders Expands the existing pre-adjudication diversion program to nonviolent first time felony offenders and gross misdemeanants. 1-4
3 Changes language from substance abuse to substance use to reflect DSMV definition. Sentencing Commission Organization Not included in original bill. Creates the Office of the Nevada Sentencing Commission within the Office of the Governor and provides for the appointment of an Executive Director of the Office, prescribes the duties, and creates support staff. Revises the membership of the Commission and requires the Commission to hold its first meeting on or before September 1 of each odd-numbered year. Duties of the Nevada Sentencing Commission include the oversight of the executive director. This incorporates AB 80. 5, 9, 102.5 Sentencing Commission Duties Tasks Sentencing Commission with calculating and reporting any averted costs to the legislature, and recommending financial support for transitional
housing, treatment, victims’ services, and other
gaps in the system. Amends the name of the grant in the original bill
from “mental health field response program” to “behavioral health
field response program.
”
7 Local Justice Reinvestment Coordinating Council Establishes the Nevada Local Justice Reinvestment Coordinating Council to oversee and advocate for local initiatives relating to the reforms. Amends the language to include two representatives from Clark County and two from Washoe County on the Council, allow the council to make recommendations regarding grants to non-profit organizations, and require the council to identify opportunities to collaborate with DHHS at the state and local level for treatment and services. 8 Treatment Program Not in original bill Creates a new section to make a conforming amendment to the repeal of NRS 453.580 with section 20 (new drug court section). 10, 11