Assembly Bill No. 11–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes various technical changes to provisions of Nevada Revised Statutes. (BDR S‑22)

 

FISCAL NOTE:  Effect on Local Government: No.

                             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 Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 4.373 is hereby amended to read as follows:

1-2    4.373  1.  Except as otherwise provided in subsection 2, NRS

1-3  211A.127 or another specific statute, or unless the suspension of a sentence

1-4  is expressly forbidden, a justice of the peace may suspend, for not more

1-5  than 1 year, the sentence of a person convicted of a misdemeanor. If the

1-6  circumstances warrant, the justice of the peace may order as a condition of

1-7  suspension that the offender:

1-8    (a) Make restitution to the owner of any property that is lost, damaged

1-9  or destroyed as a result of the commission of the offense;

1-10    (b) Engage in a program of [work for the benefit of the community,]

1-11  community service, for not more than 200 hours;

1-12    (c) Actively participate in a program of professional counseling at the

1-13  expense of the offender;

1-14    (d) Abstain from the use of alcohol and controlled substances;

1-15    (e) Refrain from engaging in any criminal activity;

1-16    (f) Engage or refrain from engaging in any other conduct deemed

1-17  appropriate by the justice of the peace;

1-18    (g) Submit to a search and seizure by the chief of a department of

1-19  alternative sentencing, an assistant alternative sentencing officer or any

1-20  other law enforcement officer at any time of the day or night without a

1-21  search warrant; and

1-22    (h) Submit to periodic tests to determine whether the offender is using a

1-23  controlled substance or consuming alcohol.

2-1    2.  If a person is convicted of a misdemeanor that constitutes domestic

2-2  violence pursuant to NRS 33.018, the justice of the peace may, after the

2-3  person has served any mandatory minimum period of confinement,

2-4  suspend the remainder of the sentence of the person for not more than 3

2-5  years upon the condition that the person actively participate in:

2-6    (a) A program of treatment for the abuse of alcohol or drugs which is

2-7  certified by the health division of the department of human resources;

2-8    (b) A program for the treatment of persons who commit domestic

2-9  violence that has been certified pursuant to NRS 228.470; or

2-10    (c) The programs set forth in paragraphs (a) and (b),

2-11  and that he comply with any other condition of suspension ordered by the

2-12  justice of the peace.

2-13    3.  The justice of the peace may order reports from a person whose

2-14  sentence is suspended at such times as he deems appropriate concerning

2-15  the compliance of the offender with the conditions of suspension. If the

2-16  offender complies with the conditions of suspension to the satisfaction of

2-17  the justice of the peace, the sentence may be reduced to not less than the

2-18  minimum period of confinement established for the offense.

2-19    4.  The justice of the peace may issue a warrant for the arrest of an

2-20  offender who violates or fails to fulfill a condition of suspension.

2-21    Sec. 2.  NRS 5.055 is hereby amended to read as follows:

2-22    5.055  1.  Except as otherwise provided in subsection 2, NRS

2-23  211A.127 or another specific statute, or unless the suspension of a sentence

2-24  is expressly forbidden, a municipal judge may suspend, for not more than 1

2-25  year, the sentence of a person convicted of a misdemeanor. If the

2-26  circumstances warrant, the municipal judge may order as a condition of

2-27  suspension that the offender:

2-28    (a) Make restitution to the owner of any property that is lost, damaged

2-29  or destroyed as a result of the commission of the offense;

2-30    (b) Engage in a program of [work for the benefit of the community,]

2-31  community service, for not more than 200 hours;

2-32    (c) Actively participate in a program of professional counseling at the

2-33  expense of the offender;

2-34    (d) Abstain from the use of alcohol and controlled substances;

2-35    (e) Refrain from engaging in any criminal activity;

2-36    (f) Engage or refrain from engaging in any other conduct deemed

2-37  appropriate by the municipal judge;

2-38    (g) Submit to a search and seizure by the chief of a department of

2-39  alternative sentencing, an assistant alternative sentencing officer or any

2-40  other law enforcement officer at any time of the day or night without a

2-41  search warrant; and

2-42    (h) Submit to periodic tests to determine whether the offender is using

2-43  any controlled substance or alcohol.

2-44    2.  If a person is convicted of a misdemeanor that constitutes domestic

2-45  violence pursuant to NRS 33.018, the municipal judge may, after the

2-46  person has served any mandatory minimum period of confinement,

2-47  suspend the remainder of the sentence of the person for not more than 3

2-48  years upon the condition that the person actively participate in:

3-1    (a) A program of treatment for the abuse of alcohol or drugs which is

3-2  certified by the health division of the department of human resources;

3-3    (b) A program for the treatment of persons who commit domestic

3-4  violence that has been certified pursuant to NRS 228.470; or

3-5    (c) The programs set forth in paragraphs (a) and (b),

3-6  and that he comply with any other condition of suspension ordered by the

3-7  municipal judge.

3-8    3.  The municipal judge may order reports from a person whose

3-9  sentence is suspended at such times as he deems appropriate concerning

3-10  the compliance of the offender with the conditions of suspension. If the

3-11  offender complies with the conditions of suspension to the satisfaction of

3-12  the municipal judge, the sentence may be reduced to not less than the

3-13  minimum period of confinement established for the offense.

3-14    4.  The municipal judge may issue a warrant for the arrest of an

3-15  offender who violates or fails to fulfill a condition of suspension.

3-16    Sec. 3.  NRS 33.100 is hereby amended to read as follows:

3-17    33.100  1.  A person who violates a temporary or extended order is

3-18  guilty of a misdemeanor, unless a more severe penalty is prescribed by law

3-19  for the act that constitutes the violation of the order. If the violation is

3-20  accompanied by a violent physical act by the adverse party against a person

3-21  protected by the order, the court shall:

3-22    (a) Impose upon the adverse party a fine of $1,000 or require him to

3-23  perform a minimum of 200 hours of [work for the community;] community

3-24  service;

3-25    (b) Sentence him to imprisonment for not fewer than 5 days nor more

3-26  than 6 months;

3-27    (c) Order him to reimburse the applicant, in an amount determined by

3-28  the court, for all costs and attorney’s fees incurred by the applicant in

3-29  seeking to enforce the temporary or extended order, and for all medical

3-30  expenses of the applicant and any minor child incurred as a result of the

3-31  violent physical act; and

3-32    (d) Order him to participate in and complete a program of professional

3-33  counseling, at his own expense, if such counseling is available.

3-34    2.  The adverse party shall comply with the order for reimbursement of

3-35  the applicant before paying a fine imposed pursuant to this section.

3-36    Sec. 4.  NRS 48.061 is hereby amended to read as follows:

3-37    48.061  Evidence of domestic violence as defined in NRS 33.018 and

3-38  expert testimony concerning the effect of domestic violence on the beliefs,

3-39  behavior and perception of the person alleging the domestic violence is

3-40  admissible in chief and in rebuttal, when determining:

3-41    1.  Whether a person is excepted from criminal liability pursuant to

3-42  subsection [7] 6 of NRS 194.010, to show the state of mind of the

3-43  defendant.

3-44    2.  Whether a person in accordance with NRS 200.200 has killed

3-45  another in self-defense, toward the establishment of the legal defense.

3-46    Sec. 5.  NRS 62.129 is hereby amended to read as follows:

3-47    62.129  1.  A child alleged to be delinquent or in need of supervision

3-48  may be placed under the informal supervision of a probation officer if the

3-49  child voluntarily admits his participation in the acts for which he was

4-1  referred to the probation officer. If any of the acts would constitute a gross

4-2  misdemeanor or felony if committed by an adult, the child may not be

4-3  placed under informal supervision unless the district attorney approves of

4-4  the placement in writing. The probation officer must advise the child and

4-5  his parent, guardian or custodian that they may refuse informal supervision.

4-6    2.  An agreement for informal supervision must be entered into

4-7  voluntarily and intelligently by the child with the advice of his attorney, or

4-8  by the child with the consent of a parent, guardian or custodian if the child

4-9  is not represented by counsel. The period of informal supervision must not

4-10  exceed 180 days. The terms of the agreement must be clearly stated in

4-11  writing and signed by all parties. A copy of the agreement must be given to

4-12  the child, the attorney for the child, if any, the child’s parent, guardian or

4-13  custodian, and the probation officer, who shall retain a copy in his file for

4-14  the case. The child and his parent, guardian or custodian may terminate the

4-15  agreement at any time and request the filing of a petition for formal

4-16  adjudication.

4-17    3.  An agreement for informal supervision may require a child to:

4-18    (a) Perform [public] community service or provide restitution to any

4-19  victim of the acts for which the child was referred to the probation officer;

4-20    (b) Participate in a program of restitution through work that is

4-21  established pursuant to NRS 62.2185 if the child:

4-22      (1) Is 14 years of age or older;

4-23      (2) Has never been found to be within the purview of this chapter for

4-24  an unlawful act that involved the use or threatened use of force or violence

4-25  against a victim and has never been found to have committed such an

4-26  unlawful act in any other jurisdiction;

4-27      (3) Is required to provide restitution to a victim; and

4-28      (4) Voluntarily agrees to participate in the program of restitution

4-29  through work;

4-30    (c) Complete a program of cognitive training and human development

4-31  pursuant to NRS 62.2195 if:

4-32      (1) The child has never been found to be within the purview of this

4-33  chapter; and

4-34      (2) The unlawful act for which the child is found to be within the

4-35  purview of this chapter did not involve the use or threatened use of force or

4-36  violence against a victim; or

4-37    (d) Engage in any combination of the activities set forth in paragraphs

4-38  (a), (b) and (c).

4-39    4.  If an agreement for informal supervision requires a child to

4-40  participate in a program of restitution through work as set forth in

4-41  paragraph (b) of subsection 3 or complete a program of cognitive training

4-42  and human development as set forth in paragraph (c) of subsection 3, the

4-43  agreement may also require any or all of the following, in the following

4-44  order of priority if practicable:

4-45    (a) The child or the parent or guardian of the child, to the extent of his

4-46  financial ability, to pay the costs associated with the participation of the

4-47  child in the program, including, without limitation, a reasonable sum of

4-48  money to pay for the cost of policies of insurance against liability for

4-49  personal injury and damage to property during those periods in which the

5-1  child participates in the program or performs work, and in the case of a

5-2  program of restitution through work, for industrial insurance, unless the

5-3  industrial insurance is provided by the employer for which the child

5-4  performs the work; or

5-5    (b) The child to work on projects or perform [public] community

5-6  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

5-7  period that reflects the costs associated with the participation of the child in

5-8  the program.

5-9    5.  If a child is placed under informal supervision, a petition based upon

5-10  the events out of which the original complaint arose may be filed only

5-11  within 180 days after entry into the agreement for informal supervision. If

5-12  a petition is filed within that period, the child may withdraw the admission

5-13  he made pursuant to subsection 1. The child’s compliance with all proper

5-14  and reasonable terms of the agreement constitute grounds for the court to

5-15  dismiss the petition.

5-16    6.  A probation officer shall file annually with the court a report of the

5-17  number of children placed under informal supervision during the previous

5-18  year, the conditions imposed in each case and the number of cases that

5-19  were successfully completed without the filing of a petition.

5-20    Sec. 6.  NRS 62.211 is hereby amended to read as follows:

5-21    62.211  1.  Except as otherwise provided in this chapter, if the court

5-22  finds that a child is within the purview of this chapter, it shall so decree and

5-23  may:

5-24    (a) Place the child under supervision in his own home or in the custody

5-25  of a suitable person elsewhere, upon such conditions as the court may

5-26  determine. A program of supervision in the home may include electronic

5-27  surveillance of the child. The legislature declares that a program of

5-28  supervision that includes electronic surveillance is intended as an

5-29  alternative to commitment and not as an alternative to probation, informal

5-30  supervision or a supervision and consent decree.

5-31    (b) Commit the child to the custody of a public or private institution or

5-32  agency authorized to care for children, or place him in a home with a

5-33  family. In committing a child to a private institution or agency the court

5-34  shall select one that is required to be licensed by the department of human

5-35  resources to care for such children, or, if the institution or agency is in

5-36  another state, by the analogous department of that state. The court shall not

5-37  commit a female child to a private institution without prior approval of the

5-38  superintendent of the Caliente youth center, and shall not commit a male

5-39  child to a private institution without prior approval of the superintendent of

5-40  the Nevada youth training center.

5-41    (c) Order such medical, psychiatric, psychological or other care and

5-42  treatment as the court deems to be for the best interests of the child, except

5-43  as otherwise provided in this section.

5-44    (d) Order the parent, guardian, custodian or any other person to refrain

5-45  from continuing the conduct which, in the opinion of the court, has caused

5-46  or tended to cause the child to come within or remain under the provisions

5-47  of this chapter.

5-48    (e) If the child is less than 18 years of age, order:

5-49      (1) The parent, guardian or custodian of the child; and

6-1       (2) Any brother, sister or other person who is living in the same

6-2  household as the child over whom the court has jurisdiction,

6-3  to attend or participate in counseling, with or without the child, including,

6-4  but not limited to, counseling regarding parenting skills, alcohol or

6-5  substance abuse, or techniques of dispute resolution.

6-6    (f) Order the parent or guardian of the child to participate in a program

6-7  designed to provide restitution to the victim of an act committed by the

6-8  child or to perform [public] community service.

6-9    (g) Order the parent or guardian of the child to pay all or part of the cost

6-10  of the proceedings, including, but not limited to, reasonable attorney’s fees,

6-11  any costs incurred by the court and any costs incurred in the investigation

6-12  of an act committed by the child and the taking into custody of the child.

6-13    (h) Order the suspension of the child’s driver’s license for at least 90

6-14  days but not more than 2 years. If the child does not possess a driver’s

6-15  license, the court may prohibit the child from receiving a driver’s license

6-16  for at least 90 days but not more than 2 years:

6-17      (1) Immediately following the date of the order, if the child is eligible

6-18  to receive a driver’s license.

6-19      (2) After the date he becomes eligible to apply for a driver’s license,

6-20  if the child is not eligible to receive a license on the date of the

6-21  order.

6-22  If the court issues an order suspending the driver’s license of a child

6-23  pursuant to this paragraph, the judge shall require the child to surrender to

6-24  the court all driver’s licenses then held by the child. The court shall, within

6-25  5 days after issuing the order, forward to the department of motor vehicles

6-26  and public safety the licenses, together with a copy of the order. If,

6-27  pursuant to this paragraph, the court issues an order delaying the ability of

6-28  a child to receive a driver’s license, the court shall, within 5 days after

6-29  issuing the order, forward to the department of motor vehicles and public

6-30  safety a copy of the order. The department of motor vehicles and public

6-31  safety shall report a suspension pursuant to this paragraph to an insurance

6-32  company or its agent inquiring about the child’s driving record, but such a

6-33  suspension must not be considered for the purpose of rating or

6-34  underwriting. The department of motor vehicles and public safety shall not

6-35  require the child to submit to the tests and other requirements which are

6-36  adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

6-37  condition of reinstatement or reissuance after a suspension of his license

6-38  pursuant to this paragraph, unless the suspension resulted from his poor

6-39  performance as a driver.

6-40    (i) Place the child, when he is not in school, under the supervision of:

6-41      (1) A public organization to work on public projects;

6-42      (2) A public agency to work on projects to eradicate graffiti; or

6-43      (3) A private nonprofit organization to perform other [public]

6-44  community service.

6-45  The person under whose supervision the child is placed shall keep the child

6-46  busy and well supervised and shall make such reports to the court as it may

6-47  require. As a condition of such a placement, the court may require the child

6-48  or his parent or guardian to deposit with the court a reasonable sum of

6-49  money to pay for the cost of policies of insurance against liability for

7-1  personal injury and damage to property or for industrial insurance, or both,

7-2  during those periods in which he performs the work[,] or community

7-3  service, unless, in the case of industrial insurance, it is provided by the

7-4  organization or agency for which he performs the work[.] or community

7-5  service.

7-6    (j) Permit the child to reside in a residence without the immediate

7-7  supervision of an adult, or exempt the child from mandatory attendance at

7-8  school so that the child may be employed full time, or both, if the child is

7-9  at least 16 years of age, has demonstrated the capacity to benefit from this

7-10  placement or exemption and is under the strict supervision of the juvenile

7-11  division.

7-12    (k) Require the child to provide restitution to the victim of the crime

7-13  which the child has committed.

7-14    (l) Impose a fine on the child. If a fine is imposed, the court shall

7-15  impose an administrative assessment pursuant to NRS 62.2175.

7-16    (m) If the child has not previously been found to be within the purview

7-17  of this chapter and if the act for which the child is found to be within the

7-18  purview of this chapter did not involve the use or threatened use of force or

7-19  violence, order the child to participate in a publicly or privately operated

7-20  program of sports or physical fitness that is adequately supervised or a

7-21  publicly or privately operated program for the arts that is adequately

7-22  supervised. A program for the arts may include, but is not limited to,

7-23  drawing, painting, photography or other visual arts, musical, dance or

7-24  theatrical performance, writing or any other structured activity that

7-25  involves creative or artistic expression. If the court orders the child to

7-26  participate in a program of sports or physical fitness or a program for the

7-27  arts, the court may order any or all of the following, in the following order

7-28  of priority if practicable:

7-29      (1) The parent or guardian of the child, to the extent of his financial

7-30  ability, to pay the costs associated with the participation of the child in the

7-31  program, including, but not limited to, a reasonable sum of money to pay

7-32  for the cost of policies of insurance against liability for personal injury and

7-33  damage to property during those periods in which the child participates in

7-34  the program;

7-35      (2) The child to work on projects or perform [public] community

7-36  service pursuant to paragraph (i) for a period that reflects the costs

7-37  associated with the participation of the child in the program; or

7-38      (3) The county in which the petition alleging the child to be

7-39  delinquent or in need of supervision is filed to pay the costs associated with

7-40  the participation of the child in the program.

7-41    2.  If the court finds that a child who is less than 17 years of age has

7-42  committed a delinquent act, the court may order the parent or guardian of

7-43  the child to pay any fines and penalties imposed for the delinquent act. If

7-44  the parent or guardian is unable to pay the fines and penalties imposed

7-45  because of financial hardship, the court may require the parent or guardian

7-46  to perform community service.

7-47    3.  In determining the appropriate disposition of a case concerning a

7-48  child found to be within the purview of this chapter, the court shall

7-49  consider whether the act committed by the child involved the use of a

8-1  firearm or the use or threatened use of force or violence against the victim

8-2  of the act and whether the child is a serious or chronic offender. If the court

8-3  finds that the act committed by the child involved the use of a firearm or

8-4  the use or threatened use of force or violence against the victim or that the

8-5  child is a serious or chronic offender, the court shall include the finding in

8-6  its order and may, in addition to the options set forth in subsections 1 and 2

8-7  of this section and NRS 62.213:

8-8    (a) Commit the child for confinement in a secure facility, including a

8-9  facility which is secured by its staff.

8-10    (b) Impose any other punitive measures the court determines to be in the

8-11  best interests of the public or the child.

8-12    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any

8-13  time, either on its own volition or for good cause shown, the court may

8-14  terminate its jurisdiction concerning the child.

8-15    5.  Whenever the court commits a child to any institution or agency

8-16  pursuant to this section or NRS 62.213, it shall transmit a summary of its

8-17  information concerning the child and order the administrator of the school

8-18  that the child last attended to transmit a copy of the child’s educational

8-19  records to the institution or agency. The institution or agency shall give to

8-20  the court any information concerning the child that the court may require.

8-21    6.  In determining whether to place a child pursuant to this section in

8-22  the custody of a person other than his parent, guardian or custodian,

8-23  preference must be given to any person related within the third degree of

8-24  consanguinity to the child whom the court finds suitable and able to

8-25  provide proper care and guidance for the child.

8-26    Sec. 7.  NRS62.2185 is hereby amended to read as follows:

8-27    62.2185  1.  In addition to the options set forth in NRS 62.211 and

8-28  62.213, the court may order a child who is found to be within the purview

8-29  of this chapter to participate in a program of restitution through work that

8-30  is established pursuant to this section if the child:

8-31    (a) Is 14 years of age or older;

8-32    (b) Has never been found to be within the purview of this chapter for an

8-33  unlawful act that involved the use or threatened use of force or violence

8-34  against a victim and has never been found to have committed such an

8-35  unlawful act in any other jurisdiction;

8-36    (c) Is ordered to provide restitution to a victim; and

8-37    (d) Voluntarily agrees to participate in the program of restitution

8-38  through work.

8-39    2.  If the court orders a child to participate in a program of restitution

8-40  through work, the court may order any or all of the following, in the

8-41  following order of priority if practicable:

8-42    (a) The child or the parent or guardian of the child, to the extent of his

8-43  financial ability, to pay the costs associated with the participation of the

8-44  child in the program, including, without limitation, a reasonable sum of

8-45  money to pay for the cost of policies of insurance against liability for

8-46  personal injury and damage to property or for industrial insurance, or both,

8-47  during those periods in which the child participates in the program or

8-48  performs work, unless, in the case of industrial insurance, it is provided by

8-49  the employer for which the child performs the work; or

9-1    (b) The child to work on projects or perform [public] community

9-2  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

9-3  period that reflects the costs associated with the participation of the child in

9-4  the program.

9-5    3.  A director of juvenile services may establish a program of

9-6  restitution through work. A program of restitution through work must:

9-7    (a) Include, without limitation, instruction in skills for employment and

9-8  work ethics; and

9-9    (b) Require a child who participates in the program to:

9-10      (1) With the assistance of the program and if practicable, seek and

9-11  obtain a position of employment with a public or private employer; and

9-12      (2) Sign an authorization form that permits money to be deducted

9-13  from the wages of the child to pay restitution. The director of juvenile

9-14  services may prescribe the contents of the authorization form and may

9-15  determine the amount of money to be deducted from the wages of the child

9-16  to pay restitution, but the director shall not require that more than 50

9-17  percent of the wages of the child be deducted to pay restitution.

9-18    4.  A program of restitution through work may include, without

9-19  limitation, cooperative agreements with public or private employers to

9-20  make available positions of employment for a child who participates in the

9-21  program.

9-22    5.  A director of juvenile services may terminate participation by a

9-23  child in a program of restitution through work for any lawful reason or

9-24  purpose.

9-25    6.  A director of juvenile services may:

9-26    (a) Apply for, accept and expend grants, gifts, donations, bequests or

9-27  devises to finance a program of restitution through work in the manner

9-28  provided in section 2 of [this act;] Senate Bill No. 7 of the 71st session of

9-29  the Nevada Legislature; and

9-30    (b) Contract with persons and public or private entities that are qualified

9-31  to operate or to participate in a program of restitution through work.

9-32    7.  A director of juvenile services may designate a person to carry out

9-33  the provisions of this section.

9-34    8.  The provisions of this section do not:

9-35    (a) Create a right on behalf of a child to participate in a program of

9-36  restitution through work or to hold a position of employment; or

9-37    (b) Establish a basis for any cause of action against the state or its

9-38  officers or employees for denial of the ability to participate in or for

9-39  removal from a program of restitution through work or for denial of or

9-40  removal from a position of employment.

9-41    Sec. 8.  NRS 62.2195 is hereby amended to read as follows:

9-42    62.2195  1.  In addition to any other action authorized pursuant to the

9-43  provisions of this chapter, the court may order a child who is found to be

9-44  within the purview of this chapter to complete a program of cognitive

9-45  training and human development pursuant to this section if:

9-46    (a) The child has never been found to be within the purview of this

9-47  chapter; and

10-1    (b) The unlawful act for which the child is found to be within the

10-2  purview of this chapter did not involve the use or threatened use of force or

10-3  violence against a victim.

10-4    2.  If the court orders a child to complete a program of cognitive

10-5  training and human development, the court may order any or all of the

10-6  following, in the following order of priority if practicable:

10-7    (a) The child or the parent or guardian of the child, to the extent of his

10-8  financial ability, to pay the costs associated with the participation of the

10-9  child in the program, including, without limitation, a reasonable sum of

10-10  money to pay for the cost of policies of insurance against liability for

10-11  personal injury and damage to property during those periods in which the

10-12  child participates in the program;

10-13  (b) The child to work on projects or perform [public] community

10-14  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

10-15  period that reflects the costs associated with the participation of the child in

10-16  the program; or

10-17  (c) The county in which the petition alleging the child to be delinquent

10-18  or in need of supervision is filed to pay the costs associated with the

10-19  participation of the child in the program.

10-20  3.  A program of cognitive training and human development must

10-21  include, without limitation, education, instruction or guidance in one or

10-22  more of the following subjects, as deemed appropriate by the court:

10-23  (a) Motivation.

10-24  (b) Habits, attitudes and conditioning.

10-25  (c) Self-conditioning processes.

10-26  (d) Developing a successful way of life.

10-27  (e) The process of solving problems.

10-28  (f) Emotions and emotional blocks.

10-29  (g) Assurances and demonstrative maturity.

10-30  (h) Family success.

10-31  (i) Family relationships.

10-32  (j) Interfamilial understanding and communications.

10-33  (k) Financial stability.

10-34  (l) Effective communications.

10-35  (m) Conflict resolution.

10-36  (n) Anger management.

10-37  (o) Obtaining and retaining employment.

10-38  4.  A director of juvenile services may:

10-39  (a) Apply for, accept and expend grants, gifts, donations, bequests or

10-40  devises to finance a program of cognitive training and human development

10-41  in the manner provided in section 3 of [this act;] Senate Bill No. 7 of the

10-42  71st session of the Nevada Legislature; and

10-43  (b) Contract with persons and public or private entities that are qualified

10-44  to operate or to participate in a program of cognitive training and human

10-45  development.

10-46  5.  A director of juvenile services may designate a person to carry out

10-47  the provisions of this section.

 

 

11-1    Sec. 9.  NRS62.2275 is hereby amended to read as follows:

11-2    62.2275  1.  If a child within the jurisdiction of the juvenile court is

11-3  found by the juvenile court to have committed:

11-4    (a) An unlawful act in violation of NRS 484.379 or 484.3795;

11-5    (b) The unlawful act of using, possessing, selling or distributing a

11-6  controlled substance; or

11-7    (c) The unlawful act of purchasing, consuming or possessing an

11-8  alcoholic beverage in violation of NRS 202.020,

11-9  the judge, or his authorized representative, shall require the child to

11-10  undergo an evaluation to determine if the child is an abuser of alcohol or

11-11  other drugs.

11-12  2.  The evaluation of a child pursuant to this section:

11-13  (a) Must be conducted by:

11-14     (1) An alcohol and drug abuse counselor who is licensed or certified

11-15  or an alcohol and drug abuse counselor intern who is certified pursuant to

11-16  chapter 641C of NRS to make that classification; or

11-17     (2) A physician who is certified to make that classification by the

11-18  board of medical examiners,

11-19  who shall report to the judge the results of the evaluation and make a

11-20  recommendation to the judge concerning the length and type of treatment

11-21  required by the child.

11-22  (b) May be conducted at an evaluation center.

11-23  3.  The judge shall:

11-24  (a) Order the child to undergo a program of treatment as recommended

11-25  by the person who conducted the evaluation pursuant to subsection 2.

11-26  (b) Require the treatment facility to submit monthly reports on the

11-27  treatment of the child pursuant to this section.

11-28  (c) Order the child, if he is at least 18 years of age or an emancipated

11-29  minor, or the parent or legal guardian of the child, to the extent of the

11-30  financial resources of the child or his parent or legal guardian, to pay any

11-31  charges relating to the evaluation and treatment of the child pursuant to this

11-32  section. If the child, or his parent or legal guardian, does not have the

11-33  financial resources to pay all those charges:

11-34     (1) The judge shall, to the extent possible, arrange for the child to

11-35  receive treatment from a treatment facility which receives a sufficient

11-36  amount of federal or state money to offset the remainder of the costs; and

11-37     (2) The judge may order the child to perform supervised [work for

11-38  the benefit of the] community service in lieu of paying the charges relating

11-39  to his evaluation and treatment. The [work] community service must be

11-40  performed for and under the supervising authority of a county, city, town

11-41  or other political subdivision or agency of the State of Nevada or a

11-42  charitable organization that renders service to the community or its

11-43  residents. The court may require the child or his parent or legal guardian to

11-44  deposit with the court a reasonable sum of money to pay for the cost of

11-45  policies of insurance against liability for personal injury and damage to

11-46  property or for industrial insurance, or both, during those periods in which

11-47  the child performs the [work,] community service, unless, in the case of

11-48  industrial insurance, it is provided by the authority for which he performs

11-49  the [work.] community service.

12-1    4.  A treatment facility is not liable for any damages to person or

12-2  property caused by a child who:

12-3    (a) Drives, operates or is in actual physical control of a vehicle or a

12-4  vessel under power or sail while under the influence of intoxicating liquor

12-5  or a controlled substance; or

12-6    (b) Engages in any other conduct prohibited by NRS 484.379,

12-7  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or

12-8  a law of any other jurisdiction that prohibits the same or similar

12-9  conduct,

12-10  after the treatment facility has certified to his successful completion of a

12-11  program of treatment ordered pursuant to this section.

12-12  5.  The provisions of this section do not prohibit a judge from:

12-13  (a) Requiring an evaluation to be conducted by a person who is

12-14  employed by a private company if the company meets the standards of the

12-15  health division of the department of human resources. The evaluation may

12-16  be conducted at an evaluation center pursuant to paragraph (b) of

12-17  subsection 2.

12-18  (b) Ordering the child to attend a program of treatment which is

12-19  administered by a private company.

12-20  6.  All information relating to the evaluation or treatment of a child

12-21  pursuant to this section is confidential and, except as otherwise authorized

12-22  by the provisions of this chapter or the juvenile court, must not be

12-23  disclosed to any person other than the juvenile court, the child and his

12-24  attorney, if any, his parents or guardian, the prosecuting attorney and any

12-25  other person for whom the communication of that information is necessary

12-26  to effectuate the evaluation or treatment of the child. A record of any

12-27  finding that a child has violated the provisions of NRS 484.379 or

12-28  484.3795 must be included in the driver’s record of that child for 7 years

12-29  after the date of the offense.

12-30  7.  As used in this section:

12-31  (a) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

12-32  (b) “Treatment facility” has the meaning ascribed to it in

12-33  NRS 484.3793.

12-34  Sec. 10.  NRS 62.228 is hereby amended to read as follows:

12-35  62.228  1.  In addition to the options set forth in NRS 62.211 and

12-36  62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of

12-37  subsection 1 of NRS 62.040 because he handled or possessed a firearm or

12-38  had a firearm under his control in violation of NRS 202.300, the court

12-39  shall:

12-40  (a) For the first offense:

12-41     (1) Require him to perform 200 hours of [public] community service

12-42  in the manner provided in paragraph (i) of subsection 1 of NRS 62.211;

12-43  and

12-44     (2) Suspend his driver’s license for not more than 1 year or, if he

12-45  does not possess a driver’s license, prohibit the child from receiving a

12-46  driver’s license for not more than 1 year:

12-47        (I) Immediately following the date of the order, if the child is

12-48  eligible to receive a driver’s license.

13-1         (II) After the date he becomes eligible to receive a driver’s license,

13-2  if the child is not eligible to receive a license on the date of the order.

13-3    (b) For the second offense:

13-4      (1) Require him to perform at least 200 hours, but not more than 600

13-5  hours, of [public] community service in the manner provided in paragraph

13-6  (i) of subsection 1 of NRS 62.211; and

13-7      (2) Suspend his driver’s license for at least 90 days but not more than

13-8  2 years or, if he does not possess a driver’s license, prohibit the child from

13-9  receiving a driver’s license for at least 90 days but not more than 2 years:

13-10        (I) Immediately following the date of the order, if the child is

13-11  eligible to receive a driver’s license.

13-12        (II) After the date he becomes eligible to receive a driver’s license,

13-13  if the child is not eligible to receive a license on the date of the order.

13-14  2.  If the court issues an order suspending the driver’s license of a child

13-15  pursuant to this section, the judge shall require the child to surrender his

13-16  driver’s license to the court.

13-17  3.  If a child is already the subject of a court order suspending or

13-18  delaying the issuance of his driver’s license, the court shall order an

13-19  additional suspension or delay, as appropriate, to apply consecutively with

13-20  the previous order.

13-21  Sec. 11.  NRS 125.560 is hereby amended to read as follows:

13-22  125.560  1.  A person who violates a restraining order or injunction:

13-23  (a) That is in the nature of a temporary or extended order for protection

13-24  against domestic violence; and

13-25  (b) That is issued in an action or proceeding brought pursuant to this

13-26  Title,

13-27  is guilty of a misdemeanor, unless a more severe penalty is prescribed by

13-28  law for the act that constitutes the violation of the order or injunction. For

13-29  the purposes of this subsection, an order or injunction is in the nature of a

13-30  temporary or extended order for protection against domestic violence if it

13-31  grants relief that might be given in a temporary or extended order issued

13-32  pursuant to NRS 33.017 to 33.100, inclusive.

13-33  2.  If the violation is accompanied by a violent physical act against a

13-34  person protected by the order or injunction, the court shall:

13-35  (a) Impose upon the person committing the act a fine of $1,000 or

13-36  require him to perform a minimum of 200 hours of [work for the

13-37  community;] community service;

13-38  (b) Sentence him to imprisonment for not fewer than 5 days nor more

13-39  than 6 months;

13-40  (c) Order him to reimburse the person obtaining the order or injunction,

13-41  in an amount determined by the court, for all costs and attorney’s fees

13-42  incurred by that person in seeking to enforce the order or injunction, and

13-43  for all medical expenses of the person and any minor child incurred as a

13-44  result of the violent physical act; and

13-45  (d) Order him to participate in and complete a program of professional

13-46  counseling, at his own expense, if such counseling is available.

13-47  3.  The person committing the violation shall comply with the order for

13-48  reimbursement of the person obtaining the order or injunction before

13-49  paying any fine imposed pursuant to this section.

14-1    Sec. 12.  NRS 176.087 is hereby amended to read as follows:

14-2    176.087  1.  Except where the imposition of a specific criminal

14-3  penalty is mandatory, a court may order a convicted person to perform

14-4  supervised [work for the benefit of the community:] community service:

14-5    (a) In lieu of all or a part of any fine or imprisonment that may be

14-6  imposed for the commission of a misdemeanor; or

14-7    (b) As a condition of probation granted for another offense.

14-8    2.  The [work] community service must be performed for and under the

14-9  supervising authority of a county, city, town or other political subdivision

14-10  or agency of the State of Nevada or a charitable organization that renders

14-11  service to the community or its residents.

14-12  3.  The court may require the convicted person to deposit with the court

14-13  a reasonable sum of money to pay for the cost of policies of insurance

14-14  against liability for personal injury and damage to property or for industrial

14-15  insurance, or both, during those periods in which he performs the [work,]

14-16  community service, unless, in the case of industrial insurance, it is

14-17  provided by the authority for which he performs the [work.] community

14-18  service.

14-19  4.  The following conditions apply to any such [work] community

14-20  service imposed by the court:

14-21  (a) The court must fix the period of [work] community service that is

14-22  imposed as punishment or a condition of probation and distribute the

14-23  period over weekends or over other appropriate times that will allow the

14-24  convicted person to continue at his employment and to care for his family.

14-25  The period of [work] community service fixed by the court must not

14-26  exceed, for a:

14-27     (1) Misdemeanor, 200 hours;

14-28     (2) Gross misdemeanor, 600 hours; or

14-29     (3) Felony, 1,000 hours.

14-30  (b) A supervising authority listed in subsection 2 must agree to accept

14-31  the convicted person for [work] community service before the court may

14-32  require him to perform [work] community service for that supervising

14-33  authority. The supervising authority must be located in or be the town or

14-34  city of the convicted person’s residence or, if that placement is not

14-35  possible, one located within the jurisdiction of the court or, if that

14-36  placement is not possible, the authority may be located outside the

14-37  jurisdiction of the court.

14-38  (c) [Work] Community service that a court requires pursuant to this

14-39  section must be supervised by an official of the supervising authority or by

14-40  a person designated by the authority.

14-41  (d) The court may require the supervising authority to report

14-42  periodically to the court or to a probation officer the convicted person’s

14-43  performance in carrying out the punishment or condition of probation.

14-44  Sec. 13.  NRS 176A.310 is hereby amended to read as follows:

14-45  176A.310  1.  The court shall set the conditions of a program of

14-46  probation secured by a surety bond. The conditions must be appended to

14-47  and made part of the bond. The conditions may include, but are not limited

14-48  to, any one or more of the following:

15-1    (a) Submission to periodic tests to determine whether the probationer is

15-2  using any controlled substance or alcohol.

15-3    (b) Participation in a program for the treatment of the abuse of a

15-4  controlled substance or alcohol or a program for the treatment of any other

15-5  impairment.

15-6    (c) Participation in a program of professional counseling, including, but

15-7  not limited to, counseling for the family of the probationer.

15-8    (d) Restrictions or a prohibition on contact or communication with

15-9  witnesses or victims of the crime committed by the probationer.

15-10  (e) A requirement to obtain and keep employment.

15-11  (f) Submission to a program of intensive supervision.

15-12  (g) Restrictions on travel by the probationer outside the jurisdiction of

15-13  the court.

15-14  (h) Payment of restitution.

15-15  (i) Payment of fines and court costs.

15-16  (j) Supervised [work for the benefit of the community.] community

15-17  service.

15-18  (k) Participation in educational courses.

15-19  2.  A surety shall:

15-20  (a) Provide the facilities or equipment necessary to:

15-21     (1) Perform tests to determine whether the probationer is using any

15-22  controlled substance or alcohol, if the court requires such tests as a

15-23  condition of probation;

15-24     (2) Carry out a program of intensive supervision, if the court requires

15-25  such a program as a condition of probation; and

15-26     (3) Enable the probationer to report regularly to the surety.

15-27  (b) Notify the court within 24 hours after the surety has knowledge of a

15-28  violation of or a failure to fulfill a condition of the program of probation.

15-29  3.  A probationer participating in a program of probation secured by a

15-30  surety bond shall:

15-31  (a) Report regularly to the surety; and

15-32  (b) Pay the fee charged by the surety for the execution of the bond.

15-33  Sec. 14.  NRS 176A.540 is hereby amended to read as follows:

15-34  176A.540  1.  The chief parole and probation officer may order the

15-35  residential confinement of a probationer if he believes that the probationer

15-36  poses no danger to the community and will appear at a scheduled inquiry

15-37  or court hearing.

15-38  2.  In ordering the residential confinement of a probationer, the chief

15-39  parole and probation officer shall:

15-40  (a) Require the probationer to be confined to his residence during the

15-41  time he is away from his employment, [public] community service or other

15-42  activity authorized by the division; and

15-43  (b) Require intensive supervision of the probationer, including, without

15-44  limitation, unannounced visits to his residence or other locations where he

15-45  is expected to be to determine whether he is complying with the terms of

15-46  his confinement.

15-47  3.  An electronic device approved by the division may be used to

15-48  supervise a probationer who is ordered to be placed in residential

15-49  confinement. The device must be minimally intrusive and limited in

16-1  capability to recording or transmitting information concerning the

16-2  probationer’s presence at his residence, including the transmission of still

16-3  visual images which do not concern the probationer’s activities while

16-4  inside his residence. A device which is capable of recording or

16-5  transmitting:

16-6    (a) Oral or wire communications or any auditory sound; or

16-7    (b) Information concerning the probationer’s activities while inside his

16-8  residence,

16-9  must not be used.

16-10  4.  The chief parole and probation officer shall not order a probationer

16-11  to be placed in residential confinement unless the probationer agrees to the

16-12  order.

16-13  5.  Any residential confinement must not extend beyond the unexpired

16-14  maximum term of the original sentence.

16-15  Sec. 15.  NRS 176A.660 is hereby amended to read as follows:

16-16  176A.660  1.  If a person who has been placed on probation violates a

16-17  condition of his probation, the court may order him to a term of residential

16-18  confinement in lieu of causing the sentence imposed to be executed. In

16-19  making this determination, the court shall consider the criminal record of

16-20  the person and the seriousness of the crime committed.

16-21  2.  In ordering the person to a term of residential confinement, the court

16-22  shall:

16-23  (a) Direct that he be placed under the supervision of the division;

16-24  (b) Require the person to be confined to his residence during the time he

16-25  is away from his employment, [public] community service or other activity

16-26  authorized by the division; and

16-27  (c) Require intensive supervision of the person, including, without

16-28  limitation, unannounced visits to his residence or other locations where he

16-29  is expected to be in order to determine whether he is complying with the

16-30  terms of his confinement.

16-31  3.  An electronic device approved by the division may be used to

16-32  supervise a person ordered to a term of residential confinement. The device

16-33  must be minimally intrusive and limited in capability to recording or

16-34  transmitting information concerning the person’s presence at his residence,

16-35  including, but not limited to, the transmission of still visual images which

16-36  do not concern the person’s activities while inside his residence. A device

16-37  which is capable of recording or transmitting:

16-38  (a) Oral or wire communications or any auditory sound; or

16-39  (b) Information concerning the person’s activities while inside his

16-40  residence,

16-41  must not be used.

16-42  4.  The court shall not order a person to a term of residential

16-43  confinement unless he agrees to the order.

16-44  5.  A term of residential confinement may not be longer than the

16-45  maximum term of a sentence imposed by the court.

16-46  Sec. 16.  NRS 178.3975 is hereby amended to read as follows:

16-47  178.3975  1.  The court may order a defendant to pay all or any part of

16-48  the expenses incurred by the county, city or state in providing the

16-49  defendant with an attorney which are not recovered pursuant to NRS

17-1  178.398. The order may be made at the time of or after the appointment of

17-2  an attorney and may direct the defendant to pay the expenses in

17-3  installments.

17-4    2.  The court shall not order a defendant to make such a payment unless

17-5  the defendant is or will be able to do so. In determining the amount and

17-6  method of payment, the court shall take account of the financial resources

17-7  of the defendant and the nature of the burden that payment will impose.

17-8    3.  A defendant who has been ordered to pay expenses of his defense

17-9  and who is not willfully or without good cause in default in the payment

17-10  thereof may at any time petition the court which ordered the payment for

17-11  remission of the payment or of any unpaid portion thereof. If it appears to

17-12  the satisfaction of the court that payment of the amount due will impose

17-13  manifest hardship on the defendant or his immediate family, the court may

17-14  remit all or part of the amount due or modify the method of payment.

17-15  4.  The money recovered must in each case be paid over to the city,

17-16  county or public defender’s office which bore the expense and was not

17-17  reimbursed by another governmental agency.

17-18  5.  Upon the request of a defendant, if the court finds that the defendant

17-19  is suitable to perform supervised [work for the benefit of the community,]

17-20  community service, the court may allow the defendant to pay all or part of

17-21  any expenses incurred by the county, city or state in providing him with an

17-22  attorney by performing supervised [work for the benefit of the] community

17-23  service for a reasonable number of hours, the value of which would be

17-24  commensurate with such expenses incurred. The [work] community

17-25  service must be performed for and under the supervising authority of a

17-26  county, city, town or other political subdivision or agency of the State of

17-27  Nevada or a charitable organization that renders service to the community

17-28  or its residents. The court may require a defendant who requests to perform

17-29  community service to deposit with the court a reasonable sum of money to

17-30  pay for the cost of policies of insurance against liability for personal injury

17-31  and damage to property or for industrial insurance, or both, during those

17-32  periods in which he performs the [work,] community service, unless, in the

17-33  case of industrial insurance, it is provided by the authority for which he

17-34  performs the [work.] community service.

17-35  Sec. 17.  NRS 193.150 is hereby amended to read as follows:

17-36  193.150  1.  Every person convicted of a misdemeanor shall be

17-37  punished by imprisonment in the county jail for not more than 6 months, or

17-38  by a fine of not more than $1,000, or by both fine and imprisonment,

17-39  unless the statute in force at the time of commission of such misdemeanor

17-40  prescribed a different penalty.

17-41  2.  In lieu of all or a part of the punishment which may be imposed

17-42  pursuant to subsection 1, the convicted person may be sentenced to

17-43  perform a fixed period of [work for the benefit of the] community service

17-44  pursuant to the conditions prescribed in NRS 176.087.

17-45  Sec. 18.  NRS 193.210 is hereby amended to read as follows:

17-46  193.210  A person is of sound mind [who is not an idiot and] who has

17-47  arrived at the age of 14 years, or before that age if he knew the distinction

17-48  between good and evil.

 

18-1    Sec. 19.  NRS 194.010 is hereby amended to read as follows:

18-2    194.010  All persons are liable to punishment except those belonging to

18-3  the following classes:

18-4    1.  Children under the age of 8 years.

18-5    2.  Children between the ages of 8 years and 14 years, in the absence of

18-6  clear proof that at the time of committing the act charged against them they

18-7  knew its wrongfulness.

18-8    3.  [Idiots.

18-9    4.] Persons who committed the act or made the omission charged

18-10  under an ignorance or mistake of fact, which disproves any criminal intent,

18-11  where a specific intent is required to constitute the offense.

18-12  [5.] 4.  Persons who committed the act charged without being

18-13  conscious thereof.

18-14  [6.] 5.  Persons who committed the act or made the omission charged,

18-15  through misfortune or by accident, when it appears that there was no evil

18-16  design, intention or culpable negligence.

18-17  [7.] 6.  Persons, unless the crime is punishable with death, who

18-18  committed the act or made the omission charged under threats or menaces

18-19  sufficient to show that they had reasonable cause to believe, and did

18-20  believe, their lives would be endangered if they refused, or that they would

18-21  suffer great bodily harm.

18-22  Sec. 20.  NRS 209.392 is hereby amended to read as follows:

18-23  209.392  1.  Except as otherwise provided in NRS 209.3925 and

18-24  209.429, the director may, at the request of an offender who is eligible for

18-25  residential confinement pursuant to the standards adopted by the director

18-26  pursuant to subsection 3 and who has:

18-27  (a) Established a position of employment in the community;

18-28  (b) Enrolled in a program for education or rehabilitation; or

18-29  (c) Demonstrated an ability to pay for all or part of the costs of his

18-30  confinement and to meet any existing obligation for restitution to any

18-31  victim of his crime,

18-32  assign the offender to the custody of the division of parole and probation of

18-33  the department of motor vehicles and public safety to serve a term of

18-34  residential confinement, pursuant to NRS 213.380, for not longer than the

18-35  remainder of his sentence.

18-36  2.  Upon receiving a request to serve a term of residential confinement

18-37  from an eligible offender, the director shall notify the division of parole

18-38  and probation. If any victim of a crime committed by the offender has,

18-39  pursuant to subsection 4 of NRS 213.130, requested to be notified of the

18-40  consideration of a prisoner for parole and has provided a current address,

18-41  the division of parole and probation shall notify the victim of the offender’s

18-42  request and advise the victim that he may submit documents regarding the

18-43  request to the division of parole and probation. If a current address has not

18-44  been provided as required by subsection 4 of NRS 213.130, the division of

18-45  parole and probation must not be held responsible if such notification is not

18-46  received by the victim. All personal information, including, but not limited

18-47  to, a current or former address, which pertains to a victim and which is

18-48  received by the division of parole and probation pursuant to this subsection

18-49  is confidential.

19-1    3.  The director, after consulting with the division of parole and

19-2  probation, shall adopt, by regulation, standards providing which offenders

19-3  are eligible for residential confinement. The standards adopted by the

19-4  director must provide that an offender who:

19-5    (a) Is not eligible for parole or release from prison within a reasonable

19-6  period;

19-7    (b) Has recently committed a serious infraction of the rules of an

19-8  institution or facility of the department;

19-9    (c) Has not performed the duties assigned to him in a faithful and

19-10  orderly manner;

19-11  (d) Has ever been convicted of:

19-12     (1) Any crime involving the use or threatened use of force or violence

19-13  against the victim; or

19-14     (2) A sexual offense;

19-15  (e) Has more than one prior conviction for any felony in this state or

19-16  any offense in another state that would be a felony if committed in this

19-17  state, not including a violation of NRS [484.3792] 484.379 or 484.3795;

19-18  (f) Has escaped or attempted to escape from any jail or correctional

19-19  institution for adults; or

19-20  (g) Has not made an effort in good faith to participate in or to complete

19-21  any educational or vocational program or any program of treatment, as

19-22  ordered by the director,

19-23  is not eligible for assignment to the custody of the division of parole and

19-24  probation to serve a term of residential confinement pursuant to this

19-25  section.

19-26  4.  If an offender assigned to the custody of the division of parole and

19-27  probation pursuant to this section escapes or violates any of the terms or

19-28  conditions of his residential confinement:

19-29  (a) The division of parole and probation may, pursuant to the procedure

19-30  set forth in NRS 213.410, return the offender to the custody of the

19-31  department.

19-32  (b) The offender forfeits all or part of the credits for good behavior

19-33  earned by him before the escape or violation, as determined by the director.

19-34  The director may provide for a forfeiture of credits pursuant to this

19-35  paragraph only after proof of the offense and notice to the offender, and

19-36  may restore credits forfeited for such reasons as he considers proper. The

19-37  decision of the director regarding such a forfeiture is final.

19-38  5.  The assignment of an offender to the custody of the division of

19-39  parole and probation pursuant to this section shall be deemed:

19-40  (a) A continuation of his imprisonment and not a release on parole; and

19-41  (b) For the purposes of NRS 209.341, an assignment to a facility of the

19-42  department,

19-43  except that the offender is not entitled to obtain any benefits or to

19-44  participate in any programs provided to offenders in the custody of the

19-45  department.

19-46  6.  An offender does not have a right to be assigned to the custody of

19-47  the division of parole and probation pursuant to this section, or to remain in

19-48  that custody after such an assignment, and it is not intended that the

19-49  provisions of this section or of NRS 213.371 to 213.410, inclusive, create

20-1  any right or interest in liberty or property or establish a basis for any cause

20-2  of action against the state, its political subdivisions, agencies, boards,

20-3  commissions, departments, officers or employees.

20-4    Sec. 21.  NRS 211.244 is hereby amended to read as follows:

20-5    211.244  1.  At any time after the conviction of a prisoner, and after

20-6  the financial status of the prisoner has been determined or the prisoner has

20-7  refused or failed to complete and sign the form required by NRS 211.242,

20-8  the sheriff of the county, the administrator of the department of detention

20-9  of an incorporated city, the person appointed to administer a city jail or the

20-10  administrator of an alternative program may issue a written demand to the

20-11  prisoner for reimbursement, pursuant to NRS 211.2415, of the expenses

20-12  incurred by the county or city for the prisoner’s maintenance and support

20-13  during his period of imprisonment or assignment to an alternative program.

20-14  2.  Except as otherwise provided in subsection 3, the prisoner shall pay

20-15  the total amount due when the written demand is issued. The prisoner may

20-16  arrange to make payments on a monthly basis. If such arrangements are

20-17  made, the prisoner must be provided with a monthly billing statement

20-18  which specifies the date on which his next payment is due.

20-19  3.  A court may order a prisoner to perform supervised [work for the

20-20  benefit of the] community service to satisfy the written demand for

20-21  reimbursement. Each hour of [work] community service performed by the

20-22  prisoner reduces the amount he owes by $8. If the prisoner does not satisfy

20-23  the written demand for reimbursement within the time set by the court, the

20-24  district attorney for a county or the city attorney for an incorporated city

20-25  may file a civil action pursuant to NRS 211.245.

20-26  Sec. 22.  NRS 213.15193 is hereby amended to read as follows:

20-27  213.15193  1.  Except as otherwise provided in subsection 6, the chief

20-28  may order the residential confinement of a parolee if he believes that the

20-29  parolee does not pose a danger to the community and will appear at a

20-30  scheduled inquiry or hearing.

20-31  2.  In ordering the residential confinement of a parolee, the chief shall:

20-32  (a) Require the parolee to be confined to his residence during the time

20-33  he is away from his employment, [public] community service or other

20-34  activity authorized by the division; and

20-35  (b) Require intensive supervision of the parolee, including, without

20-36  limitation, unannounced visits to his residence or other locations where he

20-37  is expected to be to determine whether he is complying with the terms of

20-38  his confinement.

20-39  3.  An electronic device approved by the division may be used to

20-40  supervise a parolee who is ordered to be placed in residential confinement.

20-41  The device must be minimally intrusive and limited in capability to

20-42  recording or transmitting information concerning the presence of the

20-43  parolee at his residence, including, without limitation, the transmission of

20-44  still visual images which do not concern the activities of the parolee while

20-45  inside his residence. A device which is capable of recording or

20-46  transmitting:

20-47  (a) Oral or wire communications or any auditory sound; or

20-48  (b) Information concerning the activities of the parolee while inside his

20-49  residence,

21-1  must not be used.

21-2    4.  The chief shall not order a parolee to be placed in residential

21-3  confinement unless the parolee agrees to the order.

21-4    5.  Any residential confinement must not extend beyond the unexpired

21-5  maximum term of the original sentence of the parolee.

21-6    6.  The chief shall not order a parolee who is serving a sentence for

21-7  committing a battery which constitutes domestic violence pursuant to NRS

21-8  33.018 to be placed in residential confinement unless the chief makes a

21-9  finding that the parolee is not likely to pose a threat to the victim of the

21-10  battery.

21-11  Sec. 23.  NRS 213.152 is hereby amended to read as follows:

21-12  213.152  1.  Except as otherwise provided in subsection 6, if a parolee

21-13  violates a condition of his parole, the board may order him to a term of

21-14  residential confinement in lieu of suspending his parole and returning him

21-15  to confinement. In making this determination, the board shall consider the

21-16  criminal record of the parolee and the seriousness of the crime committed.

21-17  2.  In ordering the parolee to a term of residential confinement, the

21-18  board shall:

21-19  (a) Require the parolee to be confined to his residence during the time

21-20  he is away from his employment, [public] community service or other

21-21  activity authorized by the division; and

21-22  (b) Require intensive supervision of the parolee, including, without

21-23  limitation, unannounced visits to his residence or other locations where he

21-24  is expected to be in order to determine whether he is complying with the

21-25  terms of his confinement.

21-26  3.  An electronic device approved by the division may be used to

21-27  supervise a parolee ordered to a term of residential confinement. The

21-28  device must be minimally intrusive and limited in capability to recording

21-29  or transmitting information concerning the presence of the parolee at his

21-30  residence, including, but not limited to, the transmission of still visual

21-31  images which do not concern the activities of the person while inside his

21-32  residence. A device which is capable of recording or transmitting:

21-33  (a) Oral or wire communications or any auditory sound; or

21-34  (b) Information concerning the activities of the parolee while inside his

21-35  residence,

21-36  must not be used.

21-37  4.  The board shall not order a parolee to a term of residential

21-38  confinement unless he agrees to the order.

21-39  5.  A term of residential confinement may not be longer than the

21-40  unexpired maximum term of the original sentence of the parolee.

21-41  6.  The board shall not order a parolee who is serving a sentence for

21-42  committing a battery which constitutes domestic violence pursuant to NRS

21-43  33.018 to a term of residential confinement unless the board makes a

21-44  finding that the parolee is not likely to pose a threat to the victim of the

21-45  battery.

21-46  Sec. 24.  NRS 371.230 is hereby amended to read as follows:

21-47  371.230  Except as otherwise provided in NRS 371.1035 [or 482.180,]

21-48  , 482.180 or 482.181, money collected by the department for privilege

22-1  taxes and penalties pursuant to the provisions of this chapter must be

22-2  deposited with the state treasurer to the credit of the motor vehicle fund.

22-3    Sec. 25.  NRS 387.328 is hereby amended to read as follows:

22-4    387.328  1.  The board of trustees of each school district shall

22-5  establish a fund for capital projects for the purposes set forth in subsection

22-6  1 of NRS 387.335. The money in the fund for capital projects may be

22-7  transferred to the debt service fund to pay the cost of the school district’s

22-8  debt service.

22-9    2.  The board of trustees may accumulate money in the fund for capital

22-10  projects for a period not to exceed 20 years.

22-11  3.  That portion of the vehicle privilege tax whose allocation to the

22-12  school district pursuant to NRS [482.180] 482.181 is based on the amount

22-13  of the property tax levy attributable to its debt service must be deposited in

22-14  the county treasury to the credit of the fund established under subsection 1

22-15  or the school district’s debt service fund.

22-16  4.  No money in the fund for capital projects at the end of the fiscal

22-17  year may revert to the county school district fund, nor may the money be a

22-18  surplus for any other purpose than those specified in subsection 1.

22-19  5.  The proceeds of the taxes deposited in the fund for capital projects

22-20  pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the

22-21  payment of the principal and interest on bonds or other obligations issued

22-22  for one or more of the purposes set forth in NRS 387.335. The proceeds of

22-23  such taxes so pledged may be treated as pledged revenues for the purposes

22-24  of subsection 3 of NRS 350.020, and the board of trustees of a school

22-25  district may issue bonds for those purposes in accordance with the

22-26  provisions of chapter 350 of NRS.

22-27  Sec. 26.  NRS 408.235 is hereby amended to read as follows:

22-28  408.235  1.  There is hereby created the state highway fund.

22-29  2.  Except as otherwise provided in subsection [7] 6 of NRS 482.180

22-30  and NRS 482.1805, the proceeds from the imposition of any:

22-31  (a) License or registration fee and other charges with respect to the

22-32  operation of any motor vehicle upon any public highway, city, town or

22-33  county road, street, alley or highway in this state; and

22-34  (b) Excise tax on gasoline or other motor vehicle fuel,

22-35  must be deposited in the state highway fund and must, except for costs of

22-36  administering the collection thereof, be used exclusively for administration,

22-37  construction, reconstruction, improvement and maintenance of highways as

22-38  provided for in this chapter.

22-39  3.  The interest and income earned on the money in the state highway

22-40  fund, after deducting any applicable charges, must be credited to the fund.

22-41  4.  Costs of administration for the collection of the proceeds for any

22-42  license or registration fees and other charges with respect to the operation

22-43  of any motor vehicle must be limited to a sum not to exceed 22 percent of

22-44  the total proceeds so collected.

22-45  5.  Costs of administration for the collection of any excise tax on

22-46  gasoline or other motor vehicle fuel must be limited to a sum not to exceed

22-47  1 percent of the total proceeds so collected.

 

 

23-1    6.  All bills and charges against the state highway fund for

23-2  administration, construction, reconstruction, improvement and maintenance

23-3  of highways under the provisions of this chapter must be certified by the

23-4  director and must be presented to and examined by the state board of

23-5  examiners. When allowed by the state board of examiners and upon being

23-6  audited by the state controller, the state controller shall draw his warrant

23-7  therefor upon the state treasurer.

23-8    Sec. 27.  NRS 444.630 is hereby amended to read as follows:

23-9    444.630  1.  As used in this section, “garbage” includes swill, refuse,

23-10  cans, bottles, paper, vegetable matter, carcass of any dead animal, offal

23-11  from any slaughter pen or butcher shop, trash or rubbish.

23-12  2.  Every person who willfully places, deposits or dumps, or who

23-13  causes to be placed, deposited or dumped, or who causes or allows to

23-14  overflow, any sewage, sludge, cesspool or septic tank effluent, or

23-15  accumulation of human excreta, or any garbage, in or upon any street,

23-16  alley, public highway or road in common use, or upon any public park or

23-17  other public property other than property designated or set aside for such a

23-18  purpose by the governing body having charge thereof, or upon any private

23-19  property into or upon which the public is admitted by easement, license or

23-20  otherwise, is guilty of a misdemeanor and, if the convicted person agrees,

23-21  he shall be sentenced to perform 10 hours of [work for the benefit of the]

23-22  community service under the conditions prescribed in NRS 176.087.

23-23  3.  Except as otherwise provided in NRS 444.585, ownership of

23-24  garbage does not transfer from the person who originally possessed it until

23-25  it is received for transport by a person authorized to dispose of solid waste

23-26  pursuant to this chapter or until it is disposed of at a municipal disposal

23-27  site. Identification of the owner of any garbage which is disposed of in

23-28  violation of subsection 2 creates a reasonable inference that the owner is

23-29  the person who disposed of the garbage. The fact that the disposal of the

23-30  garbage was not witnessed does not, in and of itself, preclude the

23-31  identification of its owner.

23-32  4.  All:

23-33  (a) Health officers and their deputies;

23-34  (b) Game wardens;

23-35  (c) Police officers of cities and towns;

23-36  (d) Sheriffs and their deputies;

23-37  (e) Other peace officers of the State of Nevada; and

23-38  (f) Other persons who are specifically designated by the local

23-39  government to do so,

23-40  shall, within their respective jurisdictions, enforce the provisions of this

23-41  section.

23-42  5.  A district health officer or his deputy or other person specifically

23-43  designated by the local government to do so may issue a citation for any

23-44  violation of this section which occurs within his jurisdiction.

23-45  6.  To effectuate the purposes of this section, the persons charged with

23-46  enforcing this section may request information from any:

23-47  (a) Agency of the state or its political subdivisions.

23-48  (b) Employer, public or private.

23-49  (c) Employee organization or trust of any kind.

24-1    (d) Financial institution or other entity which is in the business of

24-2  providing credit reports.

24-3    (e) Public utility.

24-4  Each of these persons and entities, their officers and employees, shall

24-5  cooperate by providing any information in their possession which may aid

24-6  in the location and identification of a person believed to be in violation of

24-7  subsection 2. A disclosure made in good faith pursuant to this subsection

24-8  does not give rise to any action for damages for the disclosure.

24-9    Sec. 28.  NRS 458.320 is hereby amended to read as follows:

24-10  458.320  1.  If the court, after a hearing, determines that a person is

24-11  entitled to accept the treatment offered pursuant to NRS 458.310, the court

24-12  shall order an approved facility for the treatment of abuse of alcohol or

24-13  drugs to conduct an examination of the person to determine whether he is

24-14  an alcoholic or drug addict and is likely to be rehabilitated through

24-15  treatment. The facility shall report to the court the results of the

24-16  examination and recommend whether the person should be placed under

24-17  supervision for treatment.

24-18  2.  If the court, acting on the report or other relevant information,

24-19  determines that the person is not an alcoholic or drug addict, is not likely to

24-20  be rehabilitated through treatment or is otherwise not a good candidate for

24-21  treatment, he may be sentenced and the sentence executed.

24-22  3.  If the court determines that the person is an alcoholic or drug addict,

24-23  is likely to be rehabilitated through treatment and is a good candidate for

24-24  treatment, the court may:

24-25  (a) Impose any conditions to the election of treatment that could be

24-26  imposed as conditions of probation;

24-27  (b) Defer sentencing until such time, if any, as sentencing is authorized

24-28  pursuant to NRS 458.330; and

24-29  (c) Place the person under the supervision of an approved facility for

24-30  treatment for not less than 1 year nor more than 3 years.

24-31  The court may require such progress reports on the treatment of the person

24-32  as it deems necessary.

24-33  4.  A person who is placed under the supervision of an approved

24-34  facility for treatment shall pay the cost of the program of treatment to

24-35  which he is assigned and the cost of any additional supervision that may be

24-36  required, to the extent of his financial resources. The court may issue a

24-37  judgment in favor of the court or facility for treatment for the costs of the

24-38  treatment and supervision which remain unpaid at the conclusion of the

24-39  treatment. Such a judgment constitutes a lien in like manner as a judgment

24-40  for money rendered in a civil action, but in no event may the amount of the

24-41  judgment include any amount of the debt which was extinguished by the

24-42  successful completion of community service pursuant to subsection 5.

24-43  5.  If the person who is placed under the supervision of an approved

24-44  facility for treatment does not have the financial resources to pay all of the

24-45  related costs:

24-46  (a) The court shall, to the extent practicable, arrange for the person to be

24-47  assigned to a program at a facility that receives a sufficient amount of

24-48  federal or state funding to offset the remainder of the costs; and

25-1    (b) The court may order the person to perform supervised [work for the

25-2  benefit of the] community service in lieu of paying the remainder of the

25-3  costs relating to his treatment and supervision. The [work] community

25-4  service must be performed for and under the supervising authority of a

25-5  county, city, town or other political subdivision or agency of the State of

25-6  Nevada or a charitable organization that renders service to the community

25-7  or its residents. The court may require the person to deposit with the court

25-8  a reasonable sum of money to pay for the cost of policies of insurance

25-9  against liability for personal injury and damage to property or for industrial

25-10  insurance, or both, during those periods in which the person performs the

25-11  [work,] community service, unless, in the case of industrial insurance, it is

25-12  provided by the authority for which he performs the [work.] community

25-13  service.

25-14  6.  No person may be placed under the supervision of a facility under

25-15  this section unless the facility accepts him for treatment.

25-16  Sec. 29.  NRS 459.735 is hereby amended to read as follows:

25-17  459.735  1.  The contingency account for hazardous materials is

25-18  hereby created in the state general fund.

25-19  2.  The commission shall administer the contingency account for

25-20  hazardous materials, and the money in the account may be expended only

25-21  for:

25-22  (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

25-23  (b) Carrying out the provisions of [Public Law 99-499 and Title I of

25-24  Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et

25-25  seq.;

25-26  (c) Maintaining and supporting the operations of the commission and

25-27  local emergency planning committees;

25-28  (d) Training and equipping state and local personnel to respond to

25-29  accidents and incidents involving hazardous materials; and

25-30  (e) The operation of training programs and a training center for

25-31  handling emergencies relating to hazardous materials and related fires

25-32  pursuant to NRS 477.045.

25-33  3.  All money received by this state [as a result of Public Law 99-499

25-34  or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or

25-35  49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the

25-36  credit of the contingency account for hazardous materials. In addition, all

25-37  money received by the commission from any source must be deposited

25-38  with the state treasurer to the credit of the contingency account for

25-39  hazardous materials. The state controller shall transfer from the

25-40  contingency account to the operating account of the state fire marshal such

25-41  money collected pursuant to chapter 477 of NRS as is authorized for

25-42  expenditure in the budget of the state fire marshal for use pursuant to

25-43  paragraph (e) of subsection 2.

25-44  4.  Upon the presentation of budgets in the manner required by law,

25-45  money to support the operation of the commission pursuant to this chapter,

25-46  other than its provision of grants, must be provided by direct legislative

25-47  appropriation from the state highway fund or other legislative

25-48  authorization to the contingency account for hazardous materials.

26-1    5.  The interest and income earned on the money in the contingency

26-2  account for hazardous materials, after deducting any applicable charges,

26-3  must be credited to the account.

26-4    6.  All claims against the contingency account for hazardous materials

26-5  must be paid as other claims against the state are paid.

26-6    Sec. 30.  NRS 481.083 is hereby amended to read as follows:

26-7    481.083  1.  Except for the operation of the investigation division, the

26-8  division of emergency management, the state fire marshal division, the

26-9  division of parole and probation, and the capitol police division of the

26-10  department, money for the administration of the provisions of this chapter

26-11  must be provided by direct legislative appropriation from the state highway

26-12  fund or other legislative authorization upon the presentation of budgets in

26-13  the manner required by law.

26-14  2.  All money provided for the support of the department and its

26-15  various divisions must be paid out on claims approved by the director in

26-16  the same manner as other claims against the state are paid.

26-17  Sec. 31.  NRS 482.180 is hereby amended to read as follows:

26-18  482.180  1.  The motor vehicle fund is hereby created as an agency

26-19  fund. Except as otherwise provided in subsection 4 or by a specific statute,

26-20  all money received or collected by the department must be deposited in the

26-21  state treasury for credit to the motor vehicle fund.

26-22  2.  The interest and income on the money in the motor vehicle fund,

26-23  after deducting any applicable charges, must be credited to the state

26-24  highway fund.

26-25  3.  Any check accepted by the department in payment of vehicle

26-26  privilege tax or any other fee required to be collected pursuant to this

26-27  chapter must, if it is dishonored upon presentation for payment, be charged

26-28  back against the motor vehicle fund or the county to which the payment

26-29  was credited [,] pursuant to this section or NRS 482.181, in the proper

26-30  proportion.

26-31  4.  [All] Except as otherwise provided in subsection 6, all money

26-32  received or collected by the department for the basic vehicle privilege tax

26-33  must be [deposited in the local government tax distribution account,

26-34  created by NRS 360.660, for credit to the appropriate county pursuant to

26-35  subsection 6.] distributed in the manner set forth in NRS 482.181.

26-36  5.  Money for the administration of the provisions of this chapter must

26-37  be provided by direct legislative appropriation from the state highway fund

26-38  [,] or other legislative authorization, upon the presentation of budgets in

26-39  the manner required by law. Out of the appropriation [,] or authorization,

26-40  the department shall pay every item of expense.

26-41  6.  [The privilege tax collected on vehicles subject to the provisions of

26-42  chapter 706 of NRS and engaged in interstate or intercounty operation

26-43  must be distributed among the counties in the following percentages:

 

26-44  Carson City..... 1.07 percent............ Lincoln................ 3.12 percent

26-45  Churchill5.21 percent........................... Lyon................ 2.90 percent

26-46  Clark22.54 percent....................... Mineral................ 2.40 percent

26-47  Douglas2.52 percent............................ Nye................ 4.09 percent

26-48  Elko13.31 percent...................... Pershing................ 7.00 percent

27-1  Esmeralda2.52 percent......................... Storey       .19 percent

27-2  Eureka3.10 percent...................... Washoe.............. 12.24 percent

27-3  Humboldt8.25 percentWhite Pine................ 5.66 percent

27-4  Lander.. 3.88 percent

 

27-5  The distributions must be allocated among local governments within the

27-6  respective counties pursuant to the provisions of NRS 482.181.

27-7    7.] The department shall withhold 6 percent from the amount of

27-8  privilege tax collected by the department as a commission. From the

27-9  amount of privilege tax collected by a county assessor, the state controller

27-10  shall credit 1 percent to the department as a commission and remit 5

27-11  percent to the county for credit to its general fund as commission for the

27-12  services of the county assessor.

27-13  [8.] All money withheld by or credited to the department pursuant to

27-14  this subsection must be used only for the administration of this chapter

27-15  as authorized by the legislature pursuant to subsection 5.

27-16  7. When the requirements of this section and NRS 482.181 have been

27-17  met, and when directed by the department, the state controller shall transfer

27-18  monthly to the state highway fund any balance in the motor vehicle fund.

27-19  [9.] 8. If a statute requires that any money in the motor vehicle fund

27-20  be transferred to another fund or account, the department shall direct the

27-21  controller to transfer the money in accordance with the statute.

27-22  Sec. 32.  NRS 482.181 is hereby amended to read as follows:

27-23  482.181  1.  Except as otherwise provided in subsection [4,] 5, after

27-24  deducting the amount withheld by the department and the amount

27-25  credited to the department pursuant to subsection 6 of NRS 482.180, the

27-26  department shall certify monthly to the state board of examiners the

27-27  amount of the basic and supplemental privilege taxes collected for each

27-28  county by the department and its agents during the preceding month, and

27-29  that money must be distributed monthly as provided in this section.

27-30  2.  Any supplemental privilege tax collected for a county must be

27-31  distributed only to the county, to be used as provided in NRS 371.045 and

27-32  371.047.

27-33  3.  [The distribution of the basic privilege tax within a county must be

27-34  made to local governments, special districts and enterprise districts

27-35  pursuant to the provisions of NRS 360.680 and 360.690.] The distribution

27-36  of the basic privilege tax received or collected for each county must be

27-37  made to the county school district within [the] each county before [the

27-38  distribution of the basic privilege tax pursuant to the provisions of NRS

27-39  360.680 and 360.690 and in the same ratio as all property taxes were levied

27-40  in the county in the previous fiscal year, but the State of Nevada is not

27-41  entitled to share in that distribution.] any distribution is made to a local

27-42  government, special district or enterprise district. For the purpose of

27-43  calculating the amount of basic privilege tax to be distributed to the county

27-44  school district, the taxes levied by each local government, special district

27-45  and enterprise district are the product of its certified valuation, determined

27-46  pursuant to subsection 2 of NRS 361.405, and its tax rate, established

27-47  pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980,

27-48  except that the tax rate for school districts, including the rate attributable to

28-1  a district’s debt service, is the rate established pursuant to NRS 361.455 for

28-2  the fiscal year beginning on July 1, 1978, but if the rate attributable to a

28-3  district’s debt service in any fiscal year is greater than its rate for the fiscal

28-4  year beginning on July 1, 1978, the higher rate must be used to determine

28-5  the amount attributable to debt service.

28-6    4.  After making the distributions set forth in subsection 3, the

28-7  remaining money received or collected for each county must be deposited

28-8  in the local government tax distribution account created by NRS 360.660

28-9  for distribution to local governments, special districts and enterprise

28-10  districts within each county pursuant to the provisions of NRS 360.680

28-11  and 360.690.

28-12  5.  An amount equal to any basic privilege tax distributed to a

28-13  redevelopment agency in the fiscal year 1987-1988 must continue to be

28-14  distributed to that agency as long as it exists but must not be increased.

28-15  [5.] 6.  The department shall make distributions of basic privilege tax

28-16  directly to county school districts.

28-17  [6.] 7.  As used in this section:

28-18  (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

28-19  (b) “Local government” has the meaning ascribed to it in NRS 360.640.

28-20  (c) “Received or collected for each county” means:

28-21     (1) For the basic privilege tax collected on vehicles subject to the

28-22  provisions of chapter 706 of NRS, the amount determined for each

28-23  county based on the following percentages:

 

28-24  Carson City.... 1.07 percent.......... Lincoln............... 3.12 percent

28-25  Churchill5.21 percent.......................... Lyon............... 2.90 percent

28-26  Clark22.54 percent..................... Mineral............... 2.40 percent

28-27  Douglas2.52 percent............................. Nye............... 4.09 percent

28-28  Elko13.31 percent.................... Pershing............... 7.00 percent

28-29  Esmeralda..... 2.52 percent............. Storey       .19 percent

28-30  Eureka3.10 percent...................... Washoe............. 12.24 percent

28-31  Humboldt...... 8.25 percentWhite Pine............... 5.66 percent

28-32  Lander3.88 percent

 

28-33     (2) For all other basic and supplemental privilege tax received or

28-34  collected by the department, the amount attributable to each county

28-35  based on the county of registration of the vehicle for which the tax was

28-36  paid.

28-37  (d) “Special district” has the meaning ascribed to it in NRS 360.650.

28-38  Sec. 33.  NRS 484.3667 is hereby amended to read as follows:

28-39  484.3667  1.  Except as otherwise provided in subsection 2, a person

28-40  who is convicted of a violation of a speed limit:

28-41  (a) In an area designated as a temporary traffic control zone in which

28-42  construction, maintenance or repair of a highway is conducted; and

28-43  (b) At a time when the workers who are performing the construction,

28-44  maintenance or repair of the highway are present,

28-45  shall be punished by imprisonment or by a fine, or both, for a term or an

28-46  amount equal to and in addition to the term of imprisonment or amount of

28-47  the fine, or both, that the court imposes for the primary offense. Any term

29-1  of imprisonment imposed pursuant to this subsection runs consecutively

29-2  with the sentence prescribed by the court for the crime. This subsection

29-3  does not create a separate offense, but provides an additional penalty for

29-4  the primary offense, whose imposition is contingent upon the finding of the

29-5  prescribed fact.

29-6    2.  The penalty imposed for the primary offense and the additional

29-7  penalty imposed pursuant to subsection 1 must not exceed a total of

29-8  $1,000, 6 months of imprisonment or 120 hours of [work for the benefit of

29-9  the community.] community service.

29-10  3.  A governmental entity that designates an area as a temporary traffic

29-11  control zone in which construction, maintenance or repair of a highway is

29-12  conducted, or the person with whom the governmental entity contracts to

29-13  provide such service shall cause to be erected:

29-14  (a) A sign located before the beginning of such an area which states that

29-15  a double penalty will be imposed upon a person who is convicted of

29-16  violating the speed limit within the temporary traffic control zone;

29-17  (b) A sign to mark the beginning of the temporary traffic control zone;

29-18  and

29-19  (c) A sign to mark the end of the temporary traffic control zone.

29-20  Sec. 34.  NRS 484.3792 is hereby amended to read as follows:

29-21  484.3792  1.  A person who violates the provisions of NRS 484.379:

29-22  (a) For the first offense within 7 years, is guilty of a misdemeanor.

29-23  Unless he is allowed to undergo treatment as provided in NRS 484.37937,

29-24  the court shall:

29-25     (1) Except as otherwise provided in subsection 6, order him to pay

29-26  tuition for an educational course on the abuse of alcohol and controlled

29-27  substances approved by the department and complete the course within the

29-28  time specified in the order, and the court shall notify the department if he

29-29  fails to complete the course within the specified time;

29-30     (2) Unless the sentence is reduced pursuant to NRS 484.37937,

29-31  sentence him to imprisonment for not less than 2 days nor more than 6

29-32  months in jail, or to perform not less than 48 hours, but not more than 96

29-33  hours, of [work for the] community service while dressed in distinctive

29-34  garb that identifies him as having violated the provisions of NRS 484.379;

29-35  and

29-36     (3) Fine him not less than $400 nor more than $1,000.

29-37  (b) For a second offense within 7 years, is guilty of a misdemeanor.

29-38  Unless the sentence is reduced pursuant to NRS 484.3794, the court:

29-39     (1) Shall sentence him to:

29-40        (I) Imprisonment for not less than 10 days nor more than 6 months

29-41  in jail; or

29-42        (II) Residential confinement for not less than 10 days nor more

29-43  than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive,

29-44  or 5.0755 to 5.078, inclusive;

29-45     (2) Shall fine him not less than $750 nor more than $1,000;

29-46     (3) Shall order him to perform not less than 100 hours, but not more

29-47  than 200 hours, of [work for the] community service while dressed in

29-48  distinctive garb that identifies him as having violated the provisions of

30-1  NRS 484.379, unless the court finds that extenuating circumstances exist;

30-2  and

30-3      (4) May order him to attend a program of treatment for the

30-4  abuse of alcohol or drugs pursuant to the provisions of

30-5  NRS 484.37945.

30-6  A person who willfully fails or refuses to complete successfully a term of

30-7  residential confinement or a program of treatment ordered pursuant to this

30-8  paragraph is guilty of a misdemeanor.

30-9    (c) For a third or subsequent offense within 7 years, is guilty of a

30-10  category B felony and shall be punished by imprisonment in the state

30-11  prison for a minimum term of not less than 1 year and a maximum term of

30-12  not more than 6 years, and shall be further punished by a fine of not less

30-13  than $2,000 nor more than $5,000. An offender so imprisoned must,

30-14  insofar as practicable, be segregated from offenders whose crimes were

30-15  violent and, insofar as practicable, be assigned to an institution or facility

30-16  of minimum security.

30-17  2.  An offense that occurred within 7 years immediately preceding the

30-18  date of the principal offense or after the principal offense constitutes a prior

30-19  offense for the purposes of this section when evidenced by a conviction,

30-20  without regard to the sequence of the offenses and convictions. The facts

30-21  concerning a prior offense must be alleged in the complaint, indictment or

30-22  information, must not be read to the jury or proved at trial but must be

30-23  proved at the time of sentencing and, if the principal offense is alleged to

30-24  be a felony, must also be shown at the preliminary examination or

30-25  presented to the grand jury.

30-26  3.  A person convicted of violating the provisions of NRS 484.379

30-27  must not be released on probation, and a sentence imposed for violating

30-28  those provisions must not be suspended except, as provided in NRS 4.373,

30-29  5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

30-30  exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

30-31  a charge of violating the provisions of NRS 484.379 in exchange for a plea

30-32  of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

30-33  any other reason unless he knows or it is obvious that the charge is not

30-34  supported by probable cause or cannot be proved at the time of trial.

30-35  4.  A term of confinement imposed pursuant to the provisions of this

30-36  section may be served intermittently at the discretion of the judge or justice

30-37  of the peace, except that a person who is convicted of a second or

30-38  subsequent offense within 7 years must be confined for at least one

30-39  segment of not less than 48 consecutive hours. This discretion must be

30-40  exercised after considering all the circumstances surrounding the offense,

30-41  and the family and employment of the offender, but any sentence of 30

30-42  days or less must be served within 6 months after the date of conviction or,

30-43  if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

30-44  the suspension of his sentence was revoked, within 6 months after the date

30-45  of revocation. Any time for which the offender is confined must consist of

30-46  not less than 24 consecutive hours.

30-47  5.  Jail sentences simultaneously imposed pursuant to this section and

30-48  NRS 482.456, 483.560 or 485.330 must run consecutively.

31-1    6.  If the person who violated the provisions of NRS 484.379 possesses

31-2  a driver’s license issued by a state other than the State of Nevada and does

31-3  not reside in the State of Nevada, in carrying out the provisions of

31-4  subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

31-5    (a) Order the person to pay tuition for and submit evidence of

31-6  completion of an educational course on the abuse of alcohol and controlled

31-7  substances approved by a governmental agency of the state of his residence

31-8  within the time specified in the order; or

31-9    (b) Order him to complete an educational course by correspondence on

31-10  the abuse of alcohol and controlled substances approved by the department

31-11  within the time specified in the order,

31-12  and the court shall notify the department if the person fails to complete the

31-13  assigned course within the specified time.

31-14  7.  If the defendant was transporting a person who is less than 15 years

31-15  of age in the motor vehicle at the time of the violation, the court shall

31-16  consider that fact as an aggravating factor in determining the sentence of

31-17  the defendant.

31-18  8.  As used in this section, unless the context otherwise requires,

31-19  “offense” means:

31-20  (a) A violation of NRS 484.379 or 484.3795;

31-21  (b) A homicide resulting from driving or being in actual physical

31-22  control of a vehicle while under the influence of intoxicating liquor or a

31-23  controlled substance or resulting from any other conduct prohibited by

31-24  NRS 484.379 or 484.3795; or

31-25  (c) A violation of a law of any other jurisdiction that prohibits the same

31-26  or similar conduct as set forth in paragraph (a) or (b).

31-27  Sec. 35.  NRS 484.37937 is hereby amended to read as follows:

31-28  484.37937  1.  Except as otherwise provided in subsection 2, a person

31-29  who is found guilty of a first violation of NRS 484.379 may, at that time or

31-30  any time before he is sentenced, apply to the court to undergo a program of

31-31  treatment for alcoholism or drug abuse which is certified by the health

31-32  division of the department of human resources for at least 6 months. The

31-33  court shall authorize that treatment if:

31-34  (a) The person is diagnosed as an alcoholic or abuser of drugs by:

31-35     (1) An alcohol and drug abuse counselor who is licensed or certified

31-36  pursuant to chapter 641C of NRS to make that diagnosis; or

31-37     (2) A physician who is certified to make that diagnosis by the board

31-38  of medical examiners;

31-39  (b) He agrees to pay the cost of the treatment to the extent of his

31-40  financial resources; and

31-41  (c) He has served or will serve a term of imprisonment in jail of 1 day,

31-42  or has performed or will perform 48 hours of [work for the community.]

31-43  community service.

31-44  2.  A person may not apply to the court to undergo a program of

31-45  treatment pursuant to subsection 1 if, within the immediately preceding 7

31-46  years, he has been found guilty of:

31-47  (a) A violation of NRS 484.3795;

31-48  (b) A homicide resulting from driving or being in actual physical

31-49  control of a vehicle while under the influence of intoxicating liquor or a

32-1  controlled substance or resulting from any other conduct prohibited by

32-2  NRS 484.379 or 484.3795; or

32-3    (c) A violation of a law of any other jurisdiction that prohibits the same

32-4  or similar conduct as set forth in paragraph (a) or (b).

32-5    3.  For the purposes of subsection 1, a violation of a law of any other

32-6  jurisdiction that prohibits the same or similar conduct as NRS 484.379

32-7  constitutes a violation of NRS 484.379.

32-8    4.  A prosecuting attorney may, within 10 days after receiving notice of

32-9  an application for treatment pursuant to this section, request a hearing on

32-10  the question of whether the offender is eligible to undergo a program of

32-11  treatment for alcoholism or drug abuse. The court shall order a hearing on

32-12  the application upon the request of the prosecuting attorney or may order a

32-13  hearing on its own motion. The hearing must be limited to the question of

32-14  whether the offender is eligible to undergo such a program of treatment.

32-15  5.  At the hearing on the application for treatment, the prosecuting

32-16  attorney may present the court with any relevant evidence on the matter. If

32-17  a hearing is not held, the court shall decide the matter upon affidavits and

32-18  other information before the court.

32-19  6.  If the court grants an application for treatment, the court shall:

32-20  (a) Immediately sentence the offender and enter judgment accordingly.

32-21  (b) Suspend the sentence of the offender for not more than 3 years upon

32-22  the condition that the offender be accepted for treatment by a treatment

32-23  facility, that he complete the treatment satisfactorily and that he comply

32-24  with any other condition ordered by the court.

32-25  (c) Advise the offender that:

32-26     (1) If he is accepted for treatment by such a facility, he may be placed

32-27  under the supervision of the facility for a period not to exceed 3 years and

32-28  during treatment he may be confined in an institution or, at the discretion

32-29  of the facility, released for treatment or supervised aftercare in the

32-30  community.

32-31     (2) If he is not accepted for treatment by such a facility or he fails to

32-32  complete the treatment satisfactorily, he shall serve the sentence imposed

32-33  by the court. Any sentence of imprisonment must be reduced by a time

32-34  equal to that which he served before beginning treatment.

32-35     (3) If he completes the treatment satisfactorily, his sentence will be

32-36  reduced to a term of imprisonment which is no longer than that provided

32-37  for the offense in paragraph (c) of subsection 1 and a fine of not more than

32-38  the minimum fine provided for the offense in NRS 484.3792, but the

32-39  conviction must remain on his record of criminal history.

32-40  7.  The court shall administer the program of treatment pursuant to the

32-41  procedures provided in NRS 458.320 and 458.330, except that the court:

32-42  (a) Shall not defer the sentence, set aside the conviction or impose

32-43  conditions upon the election of treatment except as otherwise provided in

32-44  this section.

32-45  (b) May immediately revoke the suspension of sentence for a violation

32-46  of any condition of the suspension.

32-47  8.  The court shall notify the department, on a form approved by the

32-48  department, upon granting the application of the offender for treatment and

32-49  his failure to be accepted for or complete treatment.

33-1    Sec. 36.  NRS 484.3794 is hereby amended to read as follows:

33-2    484.3794  1.  Except as otherwise provided in subsection 2, a person

33-3  who is found guilty of a second violation of NRS 484.379 within 7 years

33-4  may, at that time or any time before he is sentenced, apply to the court to

33-5  undergo a program of treatment for alcoholism or drug abuse which is

33-6  certified by the health division of the department of human resources for at

33-7  least 1 year if:

33-8    (a) He is diagnosed as an alcoholic or abuser of drugs by:

33-9      (1) An alcohol and drug abuse counselor who is licensed or certified

33-10  pursuant to chapter 641C of NRS to make that diagnosis; or

33-11     (2) A physician who is certified to make that diagnosis by the board

33-12  of medical examiners;

33-13  (b) He agrees to pay the costs of the treatment to the extent of his

33-14  financial resources; and

33-15  (c) He has served or will serve a term of imprisonment in jail of 5 days,

33-16  and if required pursuant to NRS 484.3792, has performed or will perform

33-17  not less than 50 hours, but not more than 100 hours, of [work for the

33-18  community.] community service.

33-19  2.  A person may not apply to the court to undergo a program of

33-20  treatment pursuant to subsection 1 if, within the immediately preceding 7

33-21  years, he has been found guilty of:

33-22  (a) A violation of NRS 484.3795;

33-23  (b) A homicide resulting from driving or being in actual physical

33-24  control of a vehicle while under the influence of intoxicating liquor or a

33-25  controlled substance or resulting from any other conduct prohibited by

33-26  NRS 484.379 or 484.3795; or

33-27  (c) A violation of a law of any other jurisdiction that prohibits the same

33-28  or similar conduct as set forth in paragraph (a) or (b).

33-29  3.  For the purposes of subsection 1, a violation of a law of any other

33-30  jurisdiction that prohibits the same or similar conduct as NRS 484.379

33-31  constitutes a violation of NRS 484.379.

33-32  4.  A prosecuting attorney may, within 10 days after receiving notice of

33-33  an application for treatment pursuant to this section, request a hearing on

33-34  the matter. The court shall order a hearing on the application upon the

33-35  request of the prosecuting attorney or may order a hearing on its own

33-36  motion.

33-37  5.  At the hearing on the application for treatment, the prosecuting

33-38  attorney may present the court with any relevant evidence on the matter. If

33-39  a hearing is not held, the court shall decide the matter upon affidavits and

33-40  other information before the court.

33-41  6.  If the court determines that an application for treatment should be

33-42  granted, the court shall:

33-43  (a) Immediately sentence the offender and enter judgment accordingly.

33-44  (b) Suspend the sentence of the offender for not more than 3 years upon

33-45  the condition that the offender be accepted for treatment by a treatment

33-46  facility, that he complete the treatment satisfactorily and that he comply

33-47  with any other condition ordered by the court.

33-48  (c) Advise the offender that:

34-1      (1) If he is accepted for treatment by such a facility, he may be placed

34-2  under the supervision of the facility for a period not to exceed 3 years and

34-3  during treatment he may be confined in an institution or, at the discretion

34-4  of the facility, released for treatment or supervised aftercare in the

34-5  community.

34-6      (2) If he is not accepted for treatment by such a facility or he fails to

34-7  complete the treatment satisfactorily, he shall serve the sentence imposed

34-8  by the court. Any sentence of imprisonment must be reduced by a time

34-9  equal to that which he served before beginning treatment.

34-10     (3) If he completes the treatment satisfactorily, his sentence will be

34-11  reduced to a term of imprisonment which is no longer than that provided

34-12  for the offense in paragraph (c) of subsection 1 and a fine of not more than

34-13  the minimum provided for the offense in NRS 484.3792, but the conviction

34-14  must remain on his record of criminal history.

34-15  7.  The court shall administer the program of treatment pursuant to the

34-16  procedures provided in NRS 458.320 and 458.330, except that the court:

34-17  (a) Shall not defer the sentence, set aside the conviction or impose

34-18  conditions upon the election of treatment except as otherwise provided in

34-19  this section.

34-20  (b) May immediately revoke the suspension of sentence for a violation

34-21  of a condition of the suspension.

34-22  8.  The court shall notify the department, on a form approved by the

34-23  department, upon granting the application of the offender for treatment and

34-24  his failure to be accepted for or complete treatment.

34-25  Sec. 37.  NRS 484.641 is hereby amended to read as follows:

34-26  484.641  1.  It is unlawful to drive a passenger car manufactured after:

34-27  (a) January 1, 1968, on a highway unless it is equipped with at least two

34-28  lap-type safety belt assemblies for use in the front seating positions.

34-29  (b) January 1, 1970, on a highway, unless it is equipped with a lap-type

34-30  safety belt assembly for each permanent seating position for passengers.

34-31  This requirement does not apply to the rear seats of vehicles operated by a

34-32  police department or sheriff’s office.

34-33  (c) January 1, 1970, unless it is equipped with at least two shoulder-

34-34  harness-type safety belt assemblies for use in the front seating positions.

34-35  2.  Any person driving and any passenger 5 years of age or older who

34-36  rides in the front or back seat of any vehicle described in subsection 1,

34-37  having an unladen weight of less than 6,000 pounds, on any highway, road

34-38  or street in this state shall wear a safety belt if one is available for his

34-39  seating position.

34-40  3.  A citation must be issued to any driver or to any adult passenger

34-41  who fails to wear a safety belt as required by subsection 2. If the passenger

34-42  is a child 5 years of age or older but under 18 years, a citation must be

34-43  issued to the driver for his failure to require that child to wear the safety

34-44  belt, but if both the driver and that child are not wearing safety belts, only

34-45  one citation may be issued to the driver for both violations. A citation may

34-46  be issued pursuant to this subsection only if the violation is discovered

34-47  when the vehicle is halted or its driver arrested for another alleged

34-48  violation or offense. Any person who violates the provisions of subsection

34-49  2 shall be punished by a fine of not more than $25 or by a sentence to

35-1  perform a certain number of hours of [work for the community.]

35-2  community service.

35-3    4.  A violation of subsection 2:

35-4    (a) Is not a moving traffic violation under NRS 483.473.

35-5    (b) May not be considered as negligence or as causation in any civil

35-6  action or as negligent or reckless driving under NRS 484.377.

35-7    (c) May not be considered as misuse or abuse of a product or as

35-8  causation in any action brought to recover damages for injury to a person

35-9  or property resulting from the manufacture, distribution, sale or use of a

35-10  product.

35-11  5.  The department shall exempt those types of motor vehicles or

35-12  seating positions from the requirements of subsection 1 when compliance

35-13  would be impractical.

35-14  6.  The provisions of subsections 2 and 3 do not apply:

35-15  (a) To a driver or passenger who possesses a written statement by a

35-16  physician certifying that he is unable to wear a safety belt for medical or

35-17  physical reasons;

35-18  (b) If the vehicle is not required by federal law to be equipped with

35-19  safety belts;

35-20  (c) To an employee of the United States Postal Service while delivering

35-21  mail in the rural areas of this state;

35-22  (d) If the vehicle is stopping frequently, the speed of that vehicle does

35-23  not exceed 15 miles per hour between stops and the driver or passenger is

35-24  frequently leaving the vehicle or delivering property from the vehicle; or

35-25  (e) To a passenger riding in a means of public transportation, including

35-26  a taxi, school bus or emergency vehicle.

35-27  7.  It is unlawful for any person to distribute, have for sale, offer for

35-28  sale or sell any safety belt or shoulder harness assembly for use in a motor

35-29  vehicle unless it meets current minimum standards and specifications of the

35-30  United States Department of Transportation.

35-31  Sec. 38.  NRS 616A.195 is hereby amended to read as follows:

35-32  616A.195  Any person:

35-33  1.  Less than 18 years of age who is subject to the jurisdiction of the

35-34  juvenile division of the district court and who has been ordered by the

35-35  court to [work for a community,] perform community service, upon

35-36  compliance by the supervising authority; or

35-37  2.  Eighteen years of age or older who has been ordered by any court to

35-38  perform [work for a] community service pursuant to NRS 176.087, upon

35-39  compliance by the convicted person or the supervising

35-40  authority,

35-41  while engaged in that work, shall be deemed, for the purpose of chapters

35-42  616A to 616D, inclusive, of NRS, an employee of the supervising authority

35-43  at a wage of $50 per month, and is entitled to the benefits of those chapters.

35-44  Sec. 39.  NRS 630.352 is hereby amended to read as follows:

35-45  630.352  1.  Any member of the board, except for an advisory

35-46  member serving on a panel of the board hearing charges, may participate in

35-47  the final order of the board. If the board, after a formal hearing, determines

35-48  from a preponderance of the evidence that a violation of the provisions of

35-49  this chapter or of the regulations of the board has occurred, it shall issue

36-1  and serve on the physician charged an order, in writing, containing its

36-2  findings and any sanctions.

36-3    2.  If the board determines that no violation has occurred, it shall

36-4  dismiss the charges, in writing, and notify the physician that the charges

36-5  have been dismissed. If the disciplinary proceedings were instituted against

36-6  the physician as a result of a complaint filed against him, the board may

36-7  provide the physician with a copy of the complaint, including the name of

36-8  the person, if any, who filed the complaint.

36-9    3.  Except as otherwise provided in subsection 4, if the board finds that

36-10  a violation has occurred, it may by order:

36-11  (a) Place the person on probation for a specified period on any of the

36-12  conditions specified in the order;

36-13  (b) Administer to him a public reprimand;

36-14  (c) Limit his practice or exclude one or more specified branches of

36-15  medicine from his practice;

36-16  (d) Suspend his license for a specified period or until further order of

36-17  the board;

36-18  (e) Revoke his license to practice medicine;

36-19  (f) Require him to participate in a program to correct alcohol or drug

36-20  dependence or any other impairment;

36-21  (g) Require supervision of his practice;

36-22  (h) Impose a fine not to exceed $5,000;

36-23  (i) Require him to perform [public] community service without

36-24  compensation;

36-25  (j) Require him to take a physical or mental examination or an

36-26  examination testing his competence;

36-27  (k) Require him to fulfill certain training or educational requirements;

36-28  and

36-29  (l) Require him to pay all costs incurred by the board relating to his

36-30  disciplinary proceedings.

36-31  4.  If the board finds that the physician has violated the provisions of

36-32  NRS 439B.425, the board shall suspend his license for a specified period or

36-33  until further order of the board.

36-34  Sec. 40.  NRS 630A.510 is hereby amended to read as follows:

36-35  630A.510  1.  Any member of the board who was not a member of the

36-36  investigative committee, if one was appointed, may participate in the final

36-37  order of the board. If the board, after a formal hearing, determines that a

36-38  violation of the provisions of this chapter or the regulations adopted by the

36-39  board has occurred, it shall issue and serve on the person charged an order,

36-40  in writing, containing its findings and any sanctions imposed by the board.

36-41  If the board determines that no violation has occurred, it shall dismiss the

36-42  charges, in writing, and notify the person that the charges have been

36-43  dismissed.

36-44  2.  If the board finds that a violation has occurred, it may by order:

36-45  (a) Place the person on probation for a specified period on any of the

36-46  conditions specified in the order.

36-47  (b) Administer to the person a public reprimand.

36-48  (c) Limit the practice of the person or exclude a method of treatment

36-49  from the scope of his practice.

37-1    (d) Suspend the license of the person for a specified period or until

37-2  further order of the board.

37-3    (e) Revoke the license of the person to practice homeopathic medicine.

37-4    (f) Require the person to participate in a program to correct a

37-5  dependence upon alcohol or a controlled substance, or any other

37-6  impairment.

37-7    (g) Require supervision of the person’s practice.

37-8    (h) Impose an administrative fine not to exceed $10,000.

37-9    (i) Require the person to perform [public] community service without

37-10  compensation.

37-11  (j) Require the person to take a physical or mental examination or an

37-12  examination of his competence to practice homeopathic medicine.

37-13  (k) Require the person to fulfill certain training or educational

37-14  requirements.

37-15  (l) Require the person to pay the costs of the investigation and hearing.

37-16  Sec. 41.  NRS 631.350 is hereby amended to read as follows:

37-17  631.350  1.  Except as otherwise provided in NRS 631.271 and

37-18  631.347, the board may:

37-19  (a) Refuse to issue a license to any person;

37-20  (b) Revoke or suspend the license or renewal certificate issued by it to

37-21  any person;

37-22  (c) Fine a person it has licensed;

37-23  (d) Place a person on probation for a specified period on any conditions

37-24  the board may order;

37-25  (e) Issue a public reprimand to a person;

37-26  (f) Limit a person’s practice to certain branches of dentistry;

37-27  (g) Require a person to participate in a program to correct alcohol or

37-28  drug abuse or any other impairment;

37-29  (h) Require that a person’s practice be supervised;

37-30  (i) Require a person to perform [public] community service without

37-31  compensation;

37-32  (j) Require a person to take a physical or mental examination or an

37-33  examination of his competence;

37-34  (k) Require a person to fulfill certain training or educational

37-35  requirements;

37-36  (l) Require a person to reimburse a patient; or

37-37  (m) Any combination thereof,

37-38  upon proof satisfactory to the board that the person has engaged in any of

37-39  the activities listed in subsection 2.

37-40  2.  The following activities may be punished as provided in

37-41  subsection 1:

37-42  (a) Engaging in the illegal practice of dentistry or dental hygiene;

37-43  (b) Engaging in unprofessional conduct; or

37-44  (c) Violating any regulations adopted by the board or the provisions of

37-45  this chapter.

37-46  3.  The board may delegate to a hearing officer or panel its authority to

37-47  take any disciplinary action pursuant to this chapter, impose and collect

37-48  fines therefor and deposit the money therefrom in banks, credit unions or

37-49  savings and loan associations in this state.

38-1    4.  If a hearing officer or panel is not authorized to take disciplinary

38-2  action pursuant to subsection 3 and the board deposits the money collected

38-3  from the imposition of fines with the state treasurer for credit to the state

38-4  general fund, it may present a claim to the state board of examiners for

38-5  recommendation to the interim finance committee if money is needed to

38-6  pay attorney’s fees or the costs of an investigation, or both.

38-7    Sec. 42.  NRS 706.211 is hereby amended to read as follows:

38-8    706.211  All money collected by the department under the provisions

38-9  of NRS 706.011 to 706.861, inclusive, must be deposited in the state

38-10  treasury for credit to the motor vehicle fund. Except as otherwise provided

38-11  in NRS 482.180 , 482.181 and this chapter, all money collected under the

38-12  provisions of NRS 706.011 to 706.861, inclusive, must be used for the

38-13  construction, maintenance and repair of the public highways of this state.

38-14  Sec. 43. Section 1 of Assembly Bill No. 225 of the 71st session of the

38-15  Nevada Legislature is hereby amended to read as follows:

38-16  Section 1.  Chapter 241 of NRS is hereby amended by adding

38-17  thereto a new section to read as follows:

38-18  1.  A public body shall not consider at a meeting whether to:

38-19  (a) Take administrative action against a person; or

38-20  (b) Acquire real property owned by a person by the exercise of

38-21  the power of eminent domain,

38-22  unless the public body has given written notice to that person of the

38-23  time and place of the meeting.

38-24  2.  The written notice required pursuant to subsection 1 must be:

38-25  (a) Delivered personally to that person at least 5 working days

38-26  before the meeting; or

38-27  (b) Sent by certified mail to the last known address of that person

38-28  at least 21 working days before the meeting.

38-29  A public body must receive proof of service of the written notice

38-30  provided to a person pursuant to this section before the public body

38-31  may consider a matter set forth in subsection 1 relating to that

38-32  person at a meeting.

38-33  3.  The written notice provided in this section is in addition to the

38-34  notice of the meeting provided pursuant to NRS 241.020.

38-35  4.  For the purposes of this section, real property shall be

38-36  deemed to be owned only by the natural person or entity listed in the

38-37  records of the county in which the real property is located to whom

38-38  or which tax bills concerning the real property are sent.

38-39  Sec. 44. Section 7 of Assembly Bill No. 444 of the 71st session of the

38-40  Nevada Legislature is hereby amended to read as follows:

38-41  Sec. 7. NRS 645.633 is hereby amended to read as follows:

38-42  645.633  1.  The commission may take action pursuant to NRS

38-43  645.630 against any person subject to that section who is guilty of:

38-44  [1.] (a) Willfully using any trade name, service mark or insigne of

38-45  membership in any real estate organization of which the licensee is

38-46  not a member, without the legal right to do so.

38-47  [2.] (b) Violating any order of the commission, any agreement

38-48  with the division, any of the provisions of this chapter, chapter 116,

39-1  119, 119A, 119B, 645A or 645C of NRS or any regulation adopted

39-2  thereunder.

39-3    [3.] (c) Paying a commission, compensation or a finder’s fee to

39-4  any person for performing the services of a broker, broker-salesman

39-5  or salesman who has not secured his license pursuant to this chapter.

39-6  This subsection does not apply to payments to a broker who is

39-7  licensed in his state of residence.

39-8    [4.] (d) A felony, or has entered a plea of guilty, guilty but

39-9  mentally ill or nolo contendere to a charge of felony or any crime

39-10  involving fraud, deceit, misrepresentation or moral turpitude.

39-11  [5.] (e) Guaranteeing, or having authorized or permitted any

39-12  person to guarantee, future profits which may result from the resale of

39-13  real property.

39-14  [6.] (f) Failure to include a fixed date of expiration in any written

39-15  brokerage agreement or to leave a copy of the brokerage agreement

39-16  with the client.

39-17  [7.] (g) Accepting, giving or charging any undisclosed

39-18  commission, rebate or direct profit on expenditures made for a client.

39-19  [8.] (h) Gross negligence or incompetence in performing any act

39-20  for which he is required to hold a license pursuant to this chapter,

39-21  chapter 119, 119A or 119B of NRS.

39-22  [9.] (i) Any other conduct which constitutes deceitful, fraudulent

39-23  or dishonest dealing.

39-24  [10.] (j) Any conduct which took place before he became licensed,

39-25  which was in fact unknown to the division and which would have

39-26  been grounds for denial of a license had the division been aware of the

39-27  conduct.

39-28  [11.] (k) Knowingly permitting any person whose license has been

39-29  revoked or suspended to act as a real estate broker, broker-salesman

39-30  or salesman, with or on behalf of the licensee.

39-31  [12.] (l) Recording or causing to be recorded a claim pursuant to

39-32  the provisions of NRS 645.8701 to 645.8811, inclusive, that is

39-33  determined by a district court to be frivolous and made without

39-34  reasonable cause pursuant to NRS 645.8791.

39-35  2.  [Action may also be taken] The commission may take action

39-36  pursuant to NRS 645.630 against a person who is subject to that

39-37  section for the suspension or revocation of a real estate broker’s,

39-38  broker-salesman’s or salesman’s license issued to him by any other

39-39  jurisdiction.

39-40  3.  The commission may take action pursuant to NRS 645.630

39-41  against any person who:

39-42  (a) Holds a permit to engage in property management issued

39-43  pursuant to NRS 645.6052; and

39-44  (b) In connection with any property for which the person has

39-45  obtained a written brokerage agreement to manage the property

39-46  pursuant to NRS 645.6056:

39-47     (1) Is convicted of violating any of the provisions of NRS

39-48  202.470;

40-1      (2) Has been notified in writing by the appropriate

40-2  governmental agency of a potential violation of NRS 244.360,

40-3  244.3603 or 268.4124, and has failed to inform the owner of the

40-4  property of such notification; or

40-5      (3) Has been directed in writing by the owner of the property to

40-6  correct a potential violation of NRS 244.360, 244.3603 or 268.4124,

40-7  and has failed to correct the potential violation, if such corrective

40-8  action is within the scope of the person’s duties pursuant to the

40-9  written brokerage agreement.

40-10  4.  The division shall maintain a log of any complaints that it

40-11  receives relating to activities for which the commission may take

40-12  action against a person holding a permit to engage in property

40-13  management pursuant to subsection 3.

40-14  5.  On or before February 1 of each odd-numbered year, the

40-15  division shall submit to the director of the legislative counsel bureau

40-16  a written report setting forth, for the previous biennium:

40-17  (a) Any complaints included in the log maintained by the division

40-18  pursuant to subsection 4; and

40-19  (b) Any disciplinary actions taken by the commission pursuant to

40-20  subsection 3.

40-21  Sec. 45.  Assembly Bill No. 574 of the 71st session of the Nevada

40-22  Legislature is hereby amended by adding thereto a new section to read as

40-23  follows:

40-24  Sec. 4.  1.  This section and section 3 of this act become

40-25  effective upon passage and approval.

40-26  2.  Sections 1 and 2 of this act become effective on October 1,

40-27  2001.

40-28  Sec. 46.  Section 1 of Senate Bill No. 37 of the 71st session of the

40-29  Nevada Legislature is hereby amended to read as follows:

40-30  Section 1.  NRS 62.129 is hereby amended to read as follows:

40-31  62.129  1.  A child alleged to be delinquent or in need of

40-32  supervision may be placed under the informal supervision of a

40-33  probation officer if the child voluntarily admits his participation in the

40-34  acts for which he was referred to the probation officer. If any of the

40-35  acts would constitute a gross misdemeanor or felony if committed by

40-36  an adult, the child may not be placed under informal supervision

40-37  unless the district attorney approves of the placement in writing. The

40-38  probation officer must advise the child and his parent, guardian or

40-39  custodian that they may refuse informal supervision.

40-40  2.  An agreement for informal supervision must be entered into

40-41  voluntarily and intelligently by the child with the advice of his

40-42  attorney, or by the child with the consent of a parent, guardian or

40-43  custodian if the child is not represented by counsel. The period of

40-44  informal supervision must not exceed 180 days. The terms of the

40-45  agreement must be clearly stated in writing and signed by all parties.

40-46  A copy of the agreement must be given to the child, the attorney for

40-47  the child, if any, the child’s parent, guardian or custodian, and the

40-48  probation officer, who shall retain a copy in his file for the case. The

40-49  child and his parent, guardian or custodian may terminate the

41-1  agreement at any time and request the filing of a petition for formal

41-2  adjudication.

41-3    3.  An agreement for informal supervision may require a child to:

41-4    (a) Perform community service or provide restitution to any victim

41-5  of the acts for which the child was referred to the probation officer;

41-6    (b) Participate in a program of restitution through work that is

41-7  established pursuant to NRS 62.2185 if the child:

41-8      (1) Is 14 years of age or older;

41-9      (2) Has never been found to be within the purview of this

41-10  chapter for an unlawful act that involved the use or threatened use of

41-11  force or violence against a victim and has never been found to have

41-12  committed such an unlawful act in any other jurisdiction;

41-13     (3) Is required to provide restitution to a victim; and

41-14     (4) Voluntarily agrees to participate in the program of restitution

41-15  through work;

41-16  (c) Complete a program of cognitive training and human

41-17  development pursuant to NRS 62.2195 if:

41-18     (1) The child has never been found to be within the purview of

41-19  this chapter; and

41-20     (2) The unlawful act for which the child is found to be within

41-21  the purview of this chapter did not involve the use or threatened use of

41-22  force or violence against a victim; or

41-23  (d) Engage in any combination of the activities set forth in

41-24  paragraphs (a), (b) and (c).

41-25  4.  If an agreement for informal supervision requires a child to

41-26  participate in a program of restitution through work as set forth in

41-27  paragraph (b) of subsection 3 or complete a program of cognitive

41-28  training and human development as set forth in paragraph (c) of

41-29  subsection 3, the agreement may also require any or all of the

41-30  following, in the following order of priority if practicable:

41-31  (a) The child or the parent or guardian of the child, to the extent of

41-32  his financial ability, to pay the costs associated with the participation

41-33  of the child in the program, including, without limitation, a reasonable

41-34  sum of money to pay for the cost of policies of insurance against

41-35  liability for personal injury and damage to property during those

41-36  periods in which the child participates in the program or performs

41-37  work, and in the case of a program of restitution through work, for

41-38  industrial insurance, unless the industrial insurance is provided by the

41-39  employer for which the child performs the work; or

41-40  (b) The child to work on projects or perform community service

41-41  pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period

41-42  that reflects the costs associated with the participation of the child in

41-43  the program.

41-44  5.  If a child is placed under informal supervision, a petition based

41-45  upon the events out of which the original complaint arose may be

41-46  filed only within 180 days after entry into the agreement for informal

41-47  supervision. If a petition is filed within that period, the child may

41-48  withdraw the admission he made pursuant to subsection 1. The child’s

42-1  compliance with all proper and reasonable terms of the agreement

42-2  constitute grounds for the court to dismiss the petition.

42-3    6.  [A] Upon the request of the court, a probation officer shall file

42-4  [annually] with the court a report of the number of children placed

42-5  under informal supervision during the previous year, the conditions

42-6  imposed in each case and the number of cases that were successfully

42-7  completed without the filing of a petition.

42-8    Sec. 47.  Section 21 of Senate Bill No. 59 of the 71st session of the

42-9  Nevada Legislature is hereby amended to read as follows:

42-10  Sec. 21. NRS 371.230 is hereby amended to read as follows:

42-11  371.230  Except as otherwise provided in NRS 371.1035, 482.180

42-12  or 482.181, money collected by the department for [privilege]

42-13  governmental services taxes and penalties pursuant to the provisions

42-14  of this chapter must be deposited with the state treasurer to the credit

42-15  of the motor vehicle fund.

42-16  Sec. 48.  Section 29 of Senate Bill No. 59 of the 71st session of the

42-17  Nevada Legislature is hereby amended to read as follows:

42-18  Sec. 29. NRS 387.328 is hereby amended to read as follows:

42-19  387.328  1.  The board of trustees of each school district shall

42-20  establish a fund for capital projects for the purposes set forth in

42-21  subsection 1 of NRS 387.335. The money in the fund for capital

42-22  projects may be transferred to the debt service fund to pay the cost of

42-23  the school district’s debt service.

42-24  2.  The board of trustees may accumulate money in the fund for

42-25  capital projects for a period not to exceed 20 years.

42-26  3.  That portion of the [vehicle privilege] governmental services

42-27  tax whose allocation to the school district pursuant to NRS 482.181 is

42-28  based on the amount of the property tax levy attributable to its debt

42-29  service must be deposited in the county treasury to the credit of the

42-30  fund established under subsection 1 or the school district’s debt

42-31  service fund.

42-32  4.  No money in the fund for capital projects at the end of the

42-33  fiscal year may revert to the county school district fund, nor may the

42-34  money be a surplus for any other purpose than those specified in

42-35  subsection 1.

42-36  5.  The proceeds of the taxes deposited in the fund for capital

42-37  projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be

42-38  pledged to the payment of the principal and interest on bonds or other

42-39  obligations issued for one or more of the purposes set forth in NRS

42-40  387.335. The proceeds of such taxes so pledged may be treated as

42-41  pledged revenues for the purposes of subsection 3 of NRS 350.020,

42-42  and the board of trustees of a school district may issue bonds for those

42-43  purposes in accordance with the provisions of chapter 350 of NRS.

42-44  Sec. 49.  Section 30 of Senate Bill No. 59 of the 71st session of the

42-45  Nevada Legislature is hereby amended to read as follows:

42-46  Sec. 30.  NRS 482.180 is hereby amended to read as follows:

42-47  482.180  1.  The motor vehicle fund is hereby created as an

42-48  agency fund. Except as otherwise provided in subsection 4 or by a

42-49  specific statute, all money received or collected by the department

43-1  must be deposited in the state treasury for credit to the motor vehicle

43-2  fund.

43-3  2.  The interest and income on the money in the motor vehicle

43-4  fund, after deducting any applicable charges, must be credited to the

43-5  state highway fund.

43-6  3.  Any check accepted by the department in payment of [vehicle

43-7  privilege] the governmental services tax or any other fee required to

43-8  be collected pursuant to this chapter must, if it is dishonored upon

43-9  presentation for payment, be charged back against the motor vehicle

43-10  fund or the county to which the payment was credited pursuant to this

43-11  section or NRS 482.181, in the proper proportion.

43-12  4.  Except as otherwise provided in subsection 6, all money

43-13  received or collected by the department for the basic [vehicle

43-14  privilege] governmental services tax must be distributed in the

43-15  manner set forth in NRS 482.181.

43-16  5.  Money for the administration of the provisions of this chapter

43-17  must be provided by direct legislative appropriation from the state

43-18  highway fundor other legislative authorization, upon the presentation

43-19  of budgets in the manner required by law. Out of the appropriation or

43-20  authorization, the department shall pay every item of expense.

43-21  6.  The department shall withhold 6 percent from the amount of

43-22  [privilege] the governmental services tax collected by the department

43-23  as a commission. From the amount of [privilege] the governmental

43-24  services tax collected by a county assessor, the state controller shall

43-25  credit 1 percent to the department as a commission and remit 5

43-26  percent to the county for credit to its general fund as commission for

43-27  the services of the county assessor. All money withheld by or credited

43-28  to the department pursuant to this subsection must be used only for

43-29  the administration of this chapter as authorized by the legislature

43-30  pursuant to subsection 5.

43-31  7.  When the requirements of this section and NRS 482.181 have

43-32  been met, and when directed by the department, the state controller

43-33  shall transfer monthly to the state highway fund any balance in the

43-34  motor vehicle fund.

43-35  8.  If a statute requires that any money in the motor vehicle fund

43-36  be transferred to another fund or account, the department shall direct

43-37  the controller to transfer the money in accordance with the statute.

43-38  Sec. 50.  Section 31 of Senate Bill No. 59 of the 71st session of the

43-39  Nevada Legislature is hereby amended to read as follows:

43-40  Sec. 31. NRS 482.181 is hereby amended to read as follows:

43-41  482.181  1.  Except as otherwise provided in subsection 5, after

43-42  deducting the amount withheld by the department and the amount

43-43  credited to the department pursuant to subsection 6 of NRS 482.180,

43-44  the department shall certify monthly to the state board of examiners

43-45  the amount of the basic and supplemental [privilege] governmental

43-46  services taxes collected for each county by the department and its

43-47  agents during the preceding month, and that money must be

43-48  distributed monthly as provided in this section.

44-1    2.  Any supplemental [privilege] governmental services tax

44-2  collected for a county must be distributed only to the county, to be

44-3  used as provided in NRS 371.045 and 371.047.

44-4    3.  The distribution of the basic [privilege] governmental services

44-5  tax received or collected for each county must be made to the county

44-6  school district within each county before any distribution is made to a

44-7  local government, special district or enterprise district. For the

44-8  purpose of calculating the amount of the basic [privilege]

44-9  governmental services tax to be distributed to the county school

44-10  district, the taxes levied by each local government, special district and

44-11  enterprise district are the product of its certified valuation, determined

44-12  pursuant to subsection 2 of NRS 361.405, and its tax rate, established

44-13  pursuant to NRS 361.455 for the fiscal year beginning on July 1,

44-14  1980, except that the tax rate for school districts, including the rate

44-15  attributable to a district’s debt service, is the rate established pursuant

44-16  to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if

44-17  the rate attributable to a district’s debt service in any fiscal year is

44-18  greater than its rate for the fiscal year beginning on July 1, 1978, the

44-19  higher rate must be used to determine the amount attributable to debt

44-20  service.

44-21  4.  After making the distributions set forth in subsection 3, the

44-22  remaining money received or collected for each county must be

44-23  deposited in the local government tax distribution account created by

44-24  NRS 360.660 for distribution to local governments, special districts

44-25  and enterprise districts within each county pursuant to the provisions

44-26  of NRS 360.680 and 360.690.

44-27  5.  An amount equal to any basic [privilege] governmental

44-28  services tax distributed to a redevelopment agency in the fiscal year

44-29  1987-1988 must continue to be distributed to that agency as long as it

44-30  exists but must not be increased.

44-31  6.  The department shall make distributions of the basic [privilege]

44-32  governmental services tax directly to county school districts.

44-33  7.  As used in this section:

44-34  (a) “Enterprise district” has the meaning ascribed to it in

44-35  NRS 360.620.

44-36  (b) “Local government” has the meaning ascribed to it in

44-37  NRS 360.640.

44-38  (c) “Received or collected for each county” means:

44-39     (1) For the basic [privilege] governmental services tax collected

44-40  on vehicles subject to the provisions of chapter 706 of NRS, the

44-41  amount determined for each county based on the following

44-42  percentages:

 

44-43  Carson City.... 1.07 percent.......... Lincoln.............. 3.12 percent

44-44  Churchill........ 5.21 percent.............. Lyon.............. 2.90 percent

44-45  Clark22.54 percent...................... Mineral.............. 2.40 percent

44-46  Douglas......... 2.52 percent................ Nye.............. 4.09 percent

44-47  Elko13.31 percent.................... Pershing.............. 7.00 percent

44-48  Esmeralda...... 2.52 percent............ Storey  .19 percent

45-1  Eureka3.10 percent.................... Washoe............ 12.24 percent

45-2  Humboldt....... 8.25 percentWhite Pine.............. 5.66 percent

45-3  Lander3.88 percent

 

45-4      (2) For all other basic and supplemental [privilege] governmental

45-5  services tax received or collected by the department, the amount

45-6  attributable to each county based on the county of registration of the

45-7  vehicle for which the tax was paid.

45-8  (d) “Special district” has the meaning ascribed to it in NRS

45-9  360.650.

45-10  Sec. 51.  Section 37 of Senate Bill No. 91 of the 71st session of the

45-11  Nevada Legislature is hereby amended to read as follows:

45-12     Sec. 37. NRS 630.352 is hereby amended to read as follows:

45-13     630.352  1.  Any member of the board, except for an advisory

45-14  member serving on a panel of the board hearing charges, may

45-15  participate in the final order of the board. If the board, after a formal

45-16  hearing, determines from a preponderance of the evidence that a

45-17  violation of the provisions of this chapter or of the regulations of the

45-18  board has occurred, it shall issue and serve on the physician charged

45-19  an order, in writing, containing its findings and any sanctions.

45-20     2.  If the board determines that no violation has occurred, it shall

45-21  dismiss the charges, in writing, and notify the physician that the

45-22  charges have been dismissed. If the disciplinary proceedings were

45-23  instituted against the physician as a result of a complaint filed against

45-24  him, the board may provide the physician with a copy of the

45-25  complaint . [, including the name of the person, if any, who filed the

45-26  complaint.]

45-27     3.  Except as otherwise provided in subsection 4, if the board finds

45-28  that a violation has occurred, it may by order:

45-29     (a) Place the person on probation for a specified period on any of

45-30  the conditions specified in the order;

45-31     (b) Administer to him a public reprimand;

45-32     (c) Limit his practice or exclude one or more specified branches of

45-33  medicine from his practice;

45-34     (d) Suspend his license for a specified period or until further order

45-35  of the board;

45-36     (e) Revoke his license to practice medicine;

45-37     (f) Require him to participate in a program to correct alcohol or

45-38  drug dependence or any other impairment;

45-39     (g) Require supervision of his practice;

45-40     (h) Impose a fine not to exceed $5,000;

45-41     (i) Require him to perform community service without

45-42  compensation;

45-43     (j) Require him to take a physical or mental examination or an

45-44  examination testing his competence;

45-45     (k) Require him to fulfill certain training or educational

45-46  requirements; and

45-47     (l) Require him to pay all costs incurred by the board relating to his

45-48  disciplinary proceedings.

46-1      4.  If the board finds that the physician has violated the provisions

46-2  of NRS 439B.425, the board shall suspend his license for a specified

46-3  period or until further order of the board.

46-4    Sec. 52.  Section 11 of Senate Bill No. 424 of the 71st session of the

46-5  Nevada Legislature is hereby amended to read as follows:

46-6     Sec. 11.  NRS 444.635 is hereby amended to read as follows:

46-7      444.635  1.  Except as otherwise provided in NRS 445C.010 to

46-8  445C.120, inclusive, a person convicted of violating NRS 444.555

46-9  and, in addition to the penalty imposed [in] pursuant to NRS 444.583

46-10  or 444.630, any person convicted of violating NRS 444.583 or

46-11  444.630 is liable for a civil penalty[,] upon each such conviction.

46-12     2.  Except as otherwise provided in NRS 445C.010 to 445C.120,

46-13  inclusive, a court before whom a defendant is convicted of a violation

46-14  of the provisions of NRS 444.555, 444.583 or 444.630, shall order the

46-15  defendant [to pay a civil penalty which is at least $250 but not more

46-16  than $2,000.]:

46-17  (a) For a first offense, to pay a civil penalty which is at least $500

46-18  but not more than $5,000.

46-19  (b) For a second offense, to pay a civil penalty which is at least

46-20  $1,000 but not more than $5,500.

46-21  (c) For a third offense, to pay a civil penalty which is at least

46-22  $1,500 but not more than $6,000.

46-23  (d) For any subsequent offense, to pay a civil penalty which is at

46-24  least $500 more than the most recent previous civil penalty that the

46-25  defendant was ordered to pay pursuant to this subsection.

46-26     3.  If so provided by the court, [the] a penalty imposed pursuant

46-27  to this section may be paid in installments.

46-28     [3.  The health authority or division of environmental protection of

46-29  the state department of conservation and natural resources]

46-30     4.  The solid waste management authority may attempt to collect

46-31  all such penalties and installments which are in default in any manner

46-32  provided by law for the enforcement of a judgment.

46-33     [4.] 5.  Each court which receives money [under] pursuant to the

46-34  provisions of this section shall forthwith remit the money to the

46-35  division of environmental protection of the state department of

46-36  conservation and natural resources or, if the health authority

46-37  initiated the action, the district health department which shall deposit

46-38  the money with the state treasurer for credit in a separate account in

46-39  the state general fund or with the county treasurer for deposit in an

46-40  account for the district health department, as the case may be. Money

46-41  so deposited must be [used] :

46-42  (a) Used only to pay [rewards] :

46-43     (1) Rewards pursuant to NRS 444.640 [or for] ;

46-44     (2) For education regarding the unlawful disposal of solid

46-45  waste;

46-46     (3) For the cleaning up of dump sites; and

46-47     (4) For the management of solid waste ; and [paid]

46-48  (b) Paid as other claims against the state or local governments are

46-49  paid.

47-1    Sec. 53.  NRS 488.407 is hereby repealed.

47-2    Sec. 54.  This act becomes effective upon passage and approval.

47-3    Sec. 55.  The legislative counsel shall:

47-4    1.  In preparing the reprint and supplements to the Nevada Revised

47-5  Statutes, appropriately change any references to “work for the benefit of

47-6  the community,” “work for the community,” “work for a community,”

47-7  “public service” or other similar term to refer to community service.

47-8    2.  In preparing supplements to the Nevada Administrative Code,

47-9  appropriately change any references to “work for the benefit of the

47-10  community,” “work for the community,” “work for a community,” “public

47-11  service” or other similar term to refer to community service.

 

47-12  TEXT OF REPEALED SECTION

 

47-13  488.407  Operation of vessel under the influence of intoxicating

47-14   liquor or controlled substance: Implied consent to evidentiary test;

47-15   refusal to submit to test; manner of testing.

47-16  1.  Except as otherwise provided in subsections 5 and 6, a person who

47-17   operates or is in actual physical control of a vessel under power or sail on

47-18   the waters of this state shall be deemed to have given his consent to an

47-19   evidentiary test of his blood, urine, breath or other bodily substance for the

47-20   purpose of determining the concentration of alcohol in his blood or breath

47-21   or the presence of a controlled substance when such a test is administered

47-22   at the direction of a peace officer having reasonable grounds to believe

47-23   that the person to be tested was operating or exercising actual physical

47-24   control of a vessel under power or sail while under the influence of

47-25   intoxicating liquor or a controlled substance.

47-26  2.  If a person refuses to submit to such a test as directed by a peace

47-27   officer, evidence of that refusal is admissible in any criminal action to

47-28   determine whether the person was operating or exercising actual physical

47-29   control of a vessel under power or sail while under the influence of

47-30   intoxicating liquor or a controlled substance.

47-31  3.  The person to be tested must be informed that his refusal to submit

47-32   to the test is admissible pursuant to subsection 2.

47-33  4.  Any person who is dead, unconscious or otherwise in a condition

47-34   rendering him incapable of refusal shall be deemed not to have withdrawn

47-35   his consent, and any such test may be administered whether or not the

47-36   person is informed that evidence of his refusal to submit to the test is

47-37   admissible.

47-38  5.  Any person who is afflicted with hemophilia or with a heart

47-39   condition requiring the use of an anticoagulant as determined by a

47-40   physician is exempt from any blood test which may be required pursuant

47-41   to this section, but may be required to submit to a test of his breath or

47-42   urine.

47-43  6.  Except as otherwise provided in subsection 9, if the concentration of

47-44   alcohol in the blood or breath of the person to be tested is in issue, he may

47-45   refuse to submit to a blood test if means are reasonably available to

48-1  perform a breath test. If the person requests a blood test and the means are

48-2  reasonably available to perform a breath test, and he is subsequently

48-3   convicted, he must pay for the cost of the substituted test, including the

48-4   fees and expenses of witnesses in court.

48-5    7.  If the presence of a controlled substance in the blood of the person

48-6   is in issue, the officer may direct him to submit to a blood or urine test, or

48-7   both, in addition to the breath test.

48-8    8.  Except as otherwise provided in subsections 5 and 7, a peace officer

48-9   shall not direct a person to submit to a urine test.

48-10  9.  Except as otherwise provided in this subsection, a person who

48-11   refuses to submit to a test required by this section must not be tested. If an

48-12   officer has reasonable cause to believe that:

48-13  (a) The person to be tested was operating or in actual physical control of

48-14   a vessel while under the influence of intoxicating liquor or a controlled

48-15   substance; and

48-16  (b) The person thereby caused the death or substantial bodily harm of

48-17   another,

48-18  the officer may direct that reasonable force be used to the extent necessary

48-19   to obtain samples of blood from the person to be tested. Not more than

48-20   three such samples may be taken during the 5-hour period immediately

48-21   following the time of the initial arrest. In such a circumstance, the officer

48-22   is not required to provide the person with a choice of tests for determining

48-23   the concentration of alcohol in his blood or breath or presence of a

48-24   controlled substance in his blood.

 

48-25  H