LAS VEGAS (KTNV) — District Attorney Steve Wolfson said the governor's crime bill, whichg passed with bipartisan majorities in both houses during last month's special legislative session, will enhance his office's crime fighting tools.
The increased penalties for driving under the influence especially will serve as a greater deterrent for crimes involved in preventable crashes around the valley, Wolfson said.
But they're still short of the penalty he wants for the most egregious cases: second-degree murder.
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"I've said it so many times, that what we're doing right now isn't working. So we've got to try to do something by increasing the penalties and educating people more than we do now," Wolfson said. "The people that drive 110 miles an hour, that weave in and out of traffic, that run a red light, that show a real consciousness and indifference to human life, I think that is equal to a charge of murder. Some people disagree."
Under the bill, a DUI conviction with death now carries a penalty of 2-25 years in prison, with parole eligibility after eight years.
If a person has one or two prior DUI convictions, the penalty of DUI with death rises to 5-25 years in prison, with parole eligibility after 10 years.
"It doesn't sound like a lot, but it's something, and I'll take something rather than nothing," Wolfson said.
For prosecutors who deal with the families of DUI victims, the penalties can be a source of pain for grieving families.
"When you lose a child to an impaired driver, and I have to sit in my conference room and tell the mother who lost their 12-year-old to a drunk driver that this person might be out in six or seven years, and that mother of that 12-year-old looks me in the eye and says, 'You mean that man that murdered my son will be out in six years?' And I have to say yes."
Assembly Bill 4 contains a number of other provisions, including:
- Extending the law prohibiting assaulting police officers to include child welfare workers and hospitality employees.
- Expanding the definition of stalking to include both in-person and electronic stalking.
- Enhancing penalties for child pornography.
- Revising the definition of domestic violence to include kidnapping.
- Referring juveniles to mental health treatment if they commit battery on a school employee and have been taken into custody two or more times on battery charges.
- Exempting abuse and neglect of a child or abuse of an elderly person from automatic criminal record sealing.
- Requiring jail facilities to maintain a list of the name and the location where all detainees are being held, to update the list in real time and to provide or publish that list publicly.
Another controversial part of the bill was added at the last minute by lawmakers. It prohibits, with certain exceptions, school employees from allowing law enforcement officers access to school grounds or to student information.
The provision was inserted in the wake of nationwide immigration enforcement sweeps by the Department of Homeland Security, to prevent agents from seizing students or their families at school. A bill with similar language, known as Assembly Bill 217, was vetoed by Gov. Joe Lombardo after the 2025 session.
In his veto message, Lombardo called the bill "...not only overreaching but potentially harmful. It creates legal uncertainty, undermines cooperation with federal authorities, and unfairly penalizes school employees caught in the crossfire."
Lombardo's signature on AB 4 comes on the heels of a controversy this summer, in which the federal government accused Nevada without evidence of being a sanctuary jurisdiction. After Lombardo shared a timeline of actions he has taken since being elected in 2022 — including his veto of AB 217 — the Justice Department removed Nevada from the sanctuary list.
Responding to criticism that he was once again inviting federal scrutiny over immigration issues, Lombardo's press office posted on X to say it was still cooperating with federal authorities.
"Nevada has never been — and will never be — a sanctuary state under Governor Lombardo’s leadership." the post read. "The updated amendment in the Safe Streets and Neighborhood Act conforms with constitutional practices related to law enforcement activities. It allows for law enforcement to do what they must to keep our schools safe and its privacy protections conform with FERPA, recognizing decades of federal authority related to the privacy of certain student information.
"AB4 is not an unlawful sanctuary policy. In reality, it strengthens laws against theft, domestic violence, and driving under the influence — crimes fueled by the addiction epidemic inflicted on our country by cartel activity. At Governor Lombardo’s direction, the State of Nevada will continue to cooperate with federal immigration authorities to ensure Nevada remains safe from criminal illegal aliens who seek to bring harm and chaos to our communities."
