MINUTES OF THE
SENATE COMMITTEE ON TRANSPORTATION
Sixty-seventh Session
June 17, 1993
The Senate Committee on Transportation was called to order by Chairman William R. O'Donnell, at 3:30 p.m., on Thursday, June 17, 1993, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator William R. O'Donnell, Chairman
Senator Lawrence E. Jacobsen, Vice Chairman
Senator Mark A. James
Senator Leonard V. Nevin
Senator Joseph M. Neal, Jr.
Senator Thomas J. Hickey
Senator Lori L. Brown
GUEST LEGISLATORS PRESENT:
Senator Raymond D. Rawson, Clark County District No. 6
Senator Bob Coffin, Clark County District No. 3
Assemblyman John C. Carpenter, Northern Nevada District No. 33
STAFF MEMBERS PRESENT:
Paul Mouritsen, Senior Research Analyst
Terri Jo Wittenberg, Committee Secretary
OTHERS PRESENT:
Roxanne Clark-Murphy, MA CSAS, Coordinator, Southern Nevada DUI Assessment Center
Dorothy North, Chairman, Governor's Commission on Drug Education, Prevention, Enforcement and Treatment
Judge D. Lanny Waite, Justice of the Peace, Moapa Valley Justice Court
Jan Davidson, University Medical Center
Judge Michael E. Fondi, District Judge Department No. 2, Carson City
Judge Robey B. Willis, Justice of the Peace, Carson City
James Jackson, Nevada State Public Defender
Dr. Jerry P. Nims, Ph.D., J.D., Psychologist-Attorney
Bill Jost, Treasurer, Nevada Association of State Alcohol and Drug Abuse Programs (NASADAP)
Judy Jacaboni, Lyon County Chapter, Mothers Against Drunk Drivers (MADD)
Laurel Stadler, Lyon County Chapter, Mothers Against Drunk Drivers (MADD)
Anne M. Langer, Carson City District Attorney's Office
Vernon O. McCarty, Washoe County Coroner
Fred L. Harvey, Washoe Medical Center
Kimberly A. Bennion, Lobbyist, Nevada Division of California State Automobile Association (CSAA)
Chairman O'Donnell opened the hearing on Assembly Bill (A.B.) 499.
Assembly Bill 499: Revises penalties for driving under influence of intoxicating liquor or controlled substance.
Roxanne Clark-Murphy, MA CSAS, Coordinator, Southern Nevada DUI Assessment Center, testified in support of A.B. 499. Ms. Murphy said this bill mandates assessments for driving under the influence (DUI) offenders. She added, this bill does not mandate treatment, which is left up to the court to determine if the individual should go through treatment. She said 90 percent of the people her agency has assessed have remained crime-free over the last 2 years.
Ms. Murphy presented the committee with a packet of information. (Exhibit C. The original is in the research library.) She referred to several items in the packet.
Ms. Murphy said the average age of people who are seen in the assessment center is over 30 years of age. She said these people probably have families, have jobs and the center wants to get these people assessed and let them see the need for treatment and hopefully, some of them will even seek treatment on their own.
Dorothy North, Chairman, Governor's Commission on Drug Education, Prevention, Enforcement and Treatment, testified in support of A.B. 499. Ms. North said this bill is a priority for the drug commission.
Senator Nevin asked how they decided on the .15 percent blood alcohol level (BAC).
Ms. Murphy said that according the National Council of Alcohol Abuse, the American Journal of Psychiatry, and the College of Neurological Surgeons, .15 percent BAC indicated a clinical tolerance and these levels cannot be achieved unless that person already has a certain tolerance for alcohol.
Chairman O'Donnell suspended the hearing on A.B. 499 and opened the hearing on Senate Bill (S.B.) 528.
Senate Bill 528: Authorizes court to require person convicted of driving under the influence of intoxicating liquor or controlled substance to visit trauma center or certain other facilities.
Senator Raymond D. Rawson, Clark County District No. 6, testified in support of S.B. 528. Senator Rawson said this bill is derived from a program which has been a success in California. He explained the program is permissive and allows the court to order that a youthful substance abuse offender can be sentenced to have to go to a coroners office or other type of facility that deals with people who are harmed through alcohol-related traffic fatalities or trauma.
Chairman O'Donnell asked how effective this program has been in California.
Senator Rawson said aversion therapy like this bill is not very helpful when dealing with a substance abuse addict, but it does work when it is applied to a youthful offender that might just be experimenting or doing some things that are irresponsible, but they are not well thought out. He added, it brings home the reality of the potential harm they could cause to other people.
Senator Nevin said he has a problem with the section which would send these youthful offenders to a coroners office to observe an autopsy. He said, as a police office, he has seen more than one autopsy and if he "had his druthers he would rather see none." He said he wondered what type of effect this could have on a younger mind.
Senator Rawson replied the program in California is not just shock therapy, but includes a teaching program that goes with this and any entity that would not care to be involved with the program would not have to be involved.
Senator Jacobsen he likes the bill because "seeing is believing."
Judge D. Lanny Waite, Justice of the Peace, Moapa Valley Justice Court, testified in support of A.B. 499. Judge Waite said he has been working with various organizations to get this bill put together and he had actually gone to Orange County, California to see how their program worked and spoke with the facilities and the judges who participated in this program. He added, the people who the program targets, (first time offenders, not those with serious alcohol abuse problems), were found to have virtually no subsequent arrests after participating in this program. He said only one out of the 4000 program participants re-offended during a 4-year period since the program has been in existence.
Jan Davidson, University Medical Center, testified in support of S.B. 528. Ms. Davidson said she was skeptical before she went to Orange County, California and had a chance to see the program and to talk with the participants and the judges. She added, this is a positive program which targets first time offenders who do not have any serious alcohol abuse problems. She said if this program can save the life of the offender or save the life of one of their friends, or a stranger, then this program is very worthwhile.
Senator James asked if this bill would allow a judge to order a person to participate in this program.
Judge Waite said that is correct. He added, he would prefer to see this program as a voluntary program. Judge Waite said he intended to operate the program on a voluntary basis and the bill came from the California law and the mandatory language is a part of the California law.
Senator James said he has a problem with the section which provides for a juvenile to participate in this type of a program. He added, he does not think it is appropriate for a child to see a dead body or a seriously injured person. He asked if this would scar a child for the rest of their life.
Judge Waite replied these concerns have been expressed many times and anyone younger than 16 would not be a participant in this program. He added this program will have some traumatic effects, but that is the intent of the program.
Chairman O'Donnell suspended the hearing on S.B. 528 and opened the hearing on S.B. 535.
Senate Bill 535: Makes various changes related to penalties for driving under influence of alcohol or controlled substance.
Senator Bob Coffin, Clark County District No. 3, testified in support of S.B. 535. Senator Coffin addressed several items which were included in a packet of information (Exhibit D) which was distributed to the committee. Senator Coffin said this bill would remove the "falling-down drunks" from the road by finding out who is causing the most serious accidents. He added, this bill provides penalties which fit the needs of the public to take those drunken drivers off the roads. Senator Coffin went through and explained each section of the bill.
Senator James asked, "If a person owns more than one vehicle, do you boot both of them?"
Senator Coffin replied the vehicle in which the person was driving at the time of the DUI arrest would be "booted", even if this vehicle does not belong to the individual.
Judge Michael E. Fondi, District Judge Department No. 2, Carson City, testified in opposition to S.B. 535. Judge Fondi said he is opposed to section 4, line 15 which makes a second offense a gross misdemeanor offense. He said this changes existing law which states second offenses are misdemeanors and not "gross" misdemeanors. He added, this would allow for a jury trial in every case in which a defendant pleads "not guilty" and would also require those cases to be tried in district court rather than justice court, which will result in delays and additional costs and will not solve the problem which the bill seeks to solve.
Judge Robey B. Willis, Justice of the Peace, Carson City, spoke from prepared testimony (Exhibit E) in opposition to S.B. 535.
James Jackson, Nevada State Public Defender, testified in opposition to S.B. 535. Mr. Jackson said this bill would take away the ability of, his already indigent clients, to get back and forth to work so they can take care of their families and the "booting" portion of the bill does not serve the community. He added, he does think people should be held accountable for driving drunk and there are portions of the bill he likes. He said if the second DUI offense is made a gross misdemeanor, you could call this bill the "lawyers full employment bill."
Chairman O'Donnell suspended the hearing on S.B. 535 and reopened the hearing on A.B. 499.
Judge Willis also made some comments concerning A.B. 499. Judge Willis stated he is in favor of the bill and especially section 7 which allows for residential confinement for certain individuals. He added, he does have some concerns about the section which removes the voluntary "notice of election" program. He said this program works very well and should not be removed.
Mr. Jackson said section 8, line 16 removes the "notice of election" program. He added, this is a "carrot" which should remain in the law.
Judge Willis recommended the .15 percent BAC be changed to .20 percent BAC and the program should be voluntary and not mandatory.
Assemblyman John C. Carpenter, Northern Nevada District No. 33, testified in support of A.B. 499. Mr. Carpenter said there is evidence that points to the fact that someone who has a BAC of .15 percent or higher is not a social drinker and is probably an alcoholic. He added, this bill stresses treatment after the first DUI and hopefully these people will not get that second DUI.
Ms. Murphy said she has accesses about 410 cases in the past 2 years and there are many more DUI convictions and these convicted DUI offenders do need to be mandated into an assessment program.
Dr. Jerry P. Nims, Ph.D., J.D., Psychologist-Attorney, testified in favor of A.B. 499. Dr. Nims said the bill omits licensed psychologists among those professionals able to assess the DUI offenders and he asked if that profession could be put back in the bill.
Bill Jost, Treasurer, Nevada Association of State Alcohol and Drug Abuse Programs (NASADAP), stated his organization is in favor of A.B. 499.
Judy Jacaboni, Lyon County Chapter, Mothers Against Drunk Drivers (MADD), testified in support of A.B. 499. She added she is not in favor of the section which allows for residential confinement and asked that this section be removed.
Laurel Stadler, Lyon County Chapter, Mothers Against Drunk Drivers (MADD), stated MADD is in favor of the bill but asked that the section which allows for residential confinement be removed.
Anne M. Langer, Carson City District Attorney's Office, testified in regard to A.B. 499. She said she does not like the .15 percent BAC and she added, the "notice of election" program works because it is voluntary and not mandated.
Chairman O'Donnell closed the hearing on A.B. 499 and reopened the hearing on S.B. 528.
Vernon O. McCarty, Washoe County Coroner, testified in opposition to S.B. 528. Mr. McCarty read from a newspaper article (Exhibit F) which was recently published in the Reno
Gazette-Journal. Mr. McCarty said many people do not like the idea of their "loved one" being autopsied in the first place and this bill would add further stress to the families of the person whose autopsy would be viewed by individuals mandated by the court as a result of this bill. Mr. McCarty also expressed concerns over the liability issues which coroners would face if this bill is passed. Mr. McCarty also said the county will incur a fiscal cost due the fact the individuals viewing these autopsies must be outfitted with proper attire including, a gown gloves and a mask.
Judge Waite said the program will cost $25 which will be paid by the individual participants and this fee would include the cost of the "gown packet."
Chairman O'Donnell asked judge Waite if he would have any problem with making this a "pilot" program.
Judge Waite said he would have no problem with that and in fact, the program in California is a "pilot" program. Judge Waite also said he understands the concerns of Mr. McCarty and added, this is a completely voluntary program and any entity who did not wish to participate in this program would not be expected to do so.
Mr. McCarty said he understands the permissive nature of this bill, however, the bill does not include any permissive language regarding next of kin and their opinion.
Senator James asked Judge Waite if the consent of the family will be obtained before the autopsy is viewed by the individuals participating in this program.
Judge Waite said that provision is not in the bill and said that the Clark County Coroner's Office intended to handle that by having the family sign some sort of waiver indicating the body may be viewed during the autopsy for those types of purposes and if the family does not wish to have the body viewed, then their wishes will be respected and the autopsy will not be viewed.
Chairman O'Donnell closed the hearing on S.B. 528 and reopened the hearing on S.B. 535.
Fred L. Hillerby, Lobbyist, Washoe Medical Center (WMC), stated WMC supports this bill.
Ms. Langer testified in opposition to S.B. 535. Ms. Langer said this bill will be very costly to the counties because this bill makes the second DUI a gross misdemeanor and then all of these DUI cases will probably go to a jury trial. She added, the results would be the same and the person would probably get the same sentence as they would have if they had appeared before justice court.
Mr. Jost stated his organization is not in support of S.B. 535. He said the "booting" section of the bill is not an effective way to punish an individual convicted of DUI because this would punish more than just the individual. He added, the vehicle "booted" may have been lent in good faith, it could be a leased vehicle or a rented vehicle.
Kimberly A. Bennion, Lobbyist, Nevada Division of California State Automobile Association (CSAA), stated the CSAA opposes S.B. 535 for the reasons previously stated during this hearing.
Ms. Jacaboni said there was a presidential committee established by President Bush to study the DUI problem across the nation and come up with recommendations. She added, none of these recommendations are in this bill except progressive administrative sanctions which would be the "booting" of the vehicle. Ms. Jacaboni added, this bill just gives the appearance of being tough on DUI offenders. She added, the presidential committee did recommend .08 percent BAC as a nationwide limit.
Ms. Stadler said she would encourage increasing the minimum penalties for all DUI offenses.
Chairman O'Donnell closed the hearing on S.B. 535 and opened the hearing on Assembly Bill 360.
Assembly Bill 360: Revises provisions relating to suspension of sentence for causing death or substantial bodily harm while driving under influence of intoxicating liquor or controlled substance.
Ms. Stadler testified against A.B. 360. Ms. Stadler said this bill is a "rich man's" bill, meaning if the victim is lucky enough to be hit by an offender who has some means, then that offender could get a 1 year prison term and then up to 10 years probation with the stipulation that he or she would continue to pay restitution to the victim during that period of time.
Ms. Jacaboni asked that section 3 be removed from the bill.
Chairman O'Donnell closed the hearing on A.B. 360.
There being no further business before the committee, Chairman O'Donnell adjourned the meeting at 5:55 p.m.
RESPECTFULLY SUBMITTED:
Terri Jo Wittenberg,
Committee Secretary
APPROVED BY:
Senator William R. O'Donnell, Chairman
DATE:
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Senate Committee on Transportation
June 17, 1993
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