Bill > AB423

Introduced Session

Legislative Counsel's Digest: Existing law provides that an act done with the intent to commit a crime, and 1 tending but failing to accomplish it, is an attempt to commit that crime. The 2 punishment for attempt crimes varies based upon the category of crime the 3 defendant was attempting to commit. An attempt to commit a category C felony is 4 punishable as a category D felony or gross misdemeanor, an attempt to commit a 5 category D felony is punishable as a category E felony or gross misdemeanor, and 6 an attempt to commit a category E felony is punishable as a category E felony or 7 gross misdemeanor. (NRS 193.330) The crimes of attempting to commit a category 8 C, D or E felony are commonly referred to as wobblers because such crimes are 9 punishable as either felonies or gross misdemeanors, in the discretion of the judge. 10 This bill provides that if a person is convicted of the crime of attempting to 11 commit a category C, D or E felony and the court imposes a felony sentence and 12 places the person on probation, the court may, under certain circumstances, retain 13 jurisdiction of the case for the purpose of reducing the original sentence from a 14 felony to a gross misdemeanor upon successful completion of probation and 15 compliance with the terms and conditions established for the sentence to be 16 reduced. 17 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 193.330 is hereby amended to read as follows: 193.330 1. An act done with the intent to commit a crime, 2 and tending but failing to accomplish it, is an attempt to commit that 3 crime. A person who attempts to commit a crime, unless a different 4 penalty is prescribed by statute, shall be punished as follows: 5 (a) If the person is convicted of: 6 (1) Attempt to commit a category A felony, for a category B 7 felony by imprisonment in the state prison for a minimum term of 8 not less than 2 years and a maximum term of not more than 20 9 years. 10 (2) Attempt to commit a category B felony for which the 11 maximum term of imprisonment authorized by statute is greater than 12 10 years, for a category B felony by imprisonment in the state prison 13 for a minimum term of not less than 1 year and a maximum term of 14 not more than 10 years. 15 (3) Attempt to commit a category B felony for which the 16 maximum term of imprisonment authorized by statute is 10 years or 17 less, for a category C felony as provided in NRS 193.130. 18 (4) Attempt to commit a category C felony, for a category D 19 felony as provided in NRS 193.130, or for a gross misdemeanor by 20 imprisonment in the county jail for not more than 364 days, or by a 21 fine of not more than $2,000, or by both fine and imprisonment. 22 (5) Attempt to commit a category D felony, for a category E 23 felony as provided in NRS 193.130, or for a gross misdemeanor by 24 imprisonment in the county jail for not more than 364 days, or by a 25 fine of not more than $2,000, or by both fine and imprisonment. 26 (6) Attempt to commit a category E felony, for a category E 27 felony as provided in NRS 193.130, or for a gross misdemeanor by 28 imprisonment in the county jail for not more than 364 days, or by a 29 fine of not more than $2,000, or by both fine and imprisonment. 30 (b) If the person is convicted of attempt to commit a 31 misdemeanor, a gross misdemeanor or a felony for which a category 32 is not designated by statute, by imprisonment for not more than one-33 half the longest term authorized by statute, or by a fine of not more 34 than one-half the largest sum, prescribed upon conviction for the 35 commission of the offense attempted, or by both fine and 36 imprisonment. 37 2. Nothing in this section protects a person who, in an 38 unsuccessful attempt to commit one crime, does commit another and 39 different one, from the punishment prescribed for the crime actually 40 committed. A person may be convicted of an attempt to commit a 41 crime, although it appears on the trial that the crime was 42 consummated, unless the court in its discretion discharges the jury 1 and directs the defendant to be tried for the crime itself. 2 3. Except as otherwise provided in subsection 4, if a person 3 who attempts to commit a category C, D or E felony is punished 4 for a category D or E felony and placed on probation, the court 5 may retain jurisdiction of the case for the purpose of reducing the 6 sentence of the person from a felony to a gross misdemeanor. If 7 the court retains jurisdiction for the purpose of reducing the 8 sentence of a person pursuant to this subsection, the court must: 9 (a) At the time of sentencing the person, specifically state, on 10 the record: 11 (1) The intention to retain jurisdiction for the purpose of 12 reducing the sentence of the person pursuant to this subsection; 13 (2) The terms and conditions the person must comply with 14 for the sentence to be reduced; and 15 (3) That it is the responsibility of the person to ensure that 16 the case is calendared by the court for a reduction of sentence 17 pursuant to this subsection upon successful completion of 18 probation and compliance with the terms and conditions 19 established for the sentence to be reduced; and 20 (b) Ensure that the judgment of conviction contains: 21 (1) A statement that the court is retaining jurisdiction for 22 the purpose of reducing the sentence of the person pursuant to 23 this subsection; and 24 (2) The terms and conditions the person must comply with 25 for the sentence to be reduced. 26 4. The court may not retain jurisdiction of a case for the 27 purpose of reducing the sentence of a person pursuant to 28 subsection 3 if: 29 (a) The person has entered a plea of guilty pursuant to a plea 30 agreement, and the plea agreement specifically states that the 31 offense is to be treated as a felony; or 32 (b) The person has previously had a sentence reduced 33 pursuant to subsection 3. 34 Sec. 2. The amendatory provisions of this act apply to offenses 35 committed on or after October 1, 2019. 36

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(Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.) (on 05/18/2019)

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