EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 482.31555 is hereby amended to read as follows:

1-2 482.31555 A short-term lessor may provide in a lease of a passenger

1-9 (c) Towing or pushing with the car [.] ; or

2-1 (d) Operation of the car on an unpaved road if the damage or loss is a

2-2 direct result of the road or driving conditions.

2-3 2. Damage or loss occurring when the passenger car is:

2-4 (a) Used for hire ; [.]

2-5 (b) Used in connection with conduct that constitutes a felony ; [.]

2-6 (c) Involved in a speed test or contest or in driver training activity ; [.]

2-7 (d) Operated by a person other than an authorized driver [.] ; or

2-8 (e) Operated outside of the United States.

2-9 3. An authorized driver providing:

2-10 (a) Fraudulent information to the short-term lessor [.] ; or

2-11 (b) False information to the lessor and the lessor would not have leased

2-12 the passenger car if he had received true information.

2-13 Sec. 2. NRS 483.330 is hereby amended to read as follows:

2-14 483.330 1. The department may require every applicant for a

3-1 4. The department may waive an examination pursuant to subsection 1

3-2 for a person applying for a Nevada driver’s license who possesses a valid

3-3 driver’s license of the same type or class issued by another jurisdiction

3-4 unless that person:

3-5 (a) Has not attained 25 years of age;

3-6 (b) Has had his license or privilege to drive a motor vehicle suspended,

3-7 revoked or canceled or has been otherwise disqualified from driving during

3-8 the immediately preceding 4 years;

3-9 (c) Has been convicted of the offense of driving a motor vehicle while

3-10 under the influence of an intoxicating liquor, a controlled substance, a

3-11 chemical poison or an organic solvent , [during the immediately preceding

3-12 7 years,] or the violation of a law which prohibits the same or similar

3-13 conduct;

3-14 (d) Has restrictions to his driver’s license which the department must

3-15 reevaluate to ensure the safe driving of a motor vehicle by that person;

3-16 (e) Has had three or more convictions of moving traffic violations on

3-17 his driving record during the immediately preceding 4 years; or

3-18 (f) Has been convicted of any of the offenses related to the use or

3-19 operation of a motor vehicle which must be reported pursuant to the

3-20 provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal

3-21 Regulations relating to the National Driver Register Problem Driver

3-22 Pointer System during the immediately preceding 4 years.

3-23 Sec. 3. NRS 483.410 is hereby amended to read as follows:

3-24 483.410 1. Except as otherwise provided in subsection 6, for every

4-1 2. For every motorcycle endorsement to a driver’s license a fee of $5

4-2 must be charged.

4-3 3. If no other change is requested or required, the department shall not

4-4 charge a fee to convert the number of a license from the licensee’s social

4-5 security number, or a number that was formulated by using the licensee’s

4-6 social security number as a basis for the number, to a unique number that is

4-7 not based on the licensee’s social security number.

4-8 4. The increase in fees authorized by NRS 483.347 and the fees

4-9 charged pursuant to NRS 483.383 and 483.415 must be paid in addition to

4-10 the fees charged pursuant to subsections 1 and 2.

4-11 5. A penalty of $10 must be paid by each person renewing his license

4-12 after it has expired for a period of 30 days or more as provided in NRS

4-13 483.386 unless he is exempt pursuant to that section.

4-14 6. The department may not charge a fee for the reinstatement of a

4-15 driver’s license that has been:

4-16 (a) Voluntarily surrendered for medical reasons; or

4-17 (b) Canceled pursuant to NRS 483.310.

4-18 7. All fees and penalties are payable to the administrator at the time a

4-19 license or a renewal license is issued.

4-20 8. Except as otherwise provided in NRS 483.415, all money collected

4-21 by the department pursuant to this chapter must be deposited in the state

4-22 treasury for credit to the motor vehicle fund.

4-23 Sec. 4. NRS 483.460 is hereby amended to read as follows:

4-24 483.460 1. Except as otherwise provided by statute, the department

4-41 [.] ; or

5-1 (3) A violation of NRS 484.3795 or homicide resulting from driving

5-2 a vehicle while under the influence of intoxicating liquor . [or a controlled

5-3 substance.

5-4 The period during which such a driver is not eligible for a license, permit

5-5 or privilege to drive must be set aside during any period of imprisonment

5-6 and the period of revocation must resume upon completion of the period of

5-7 imprisonment or when the person is placed on residential confinement.

5-8 (b)] (d) For a period of 2 years if the offense is punishable pursuant to

5-9 paragraph (b) of subsection 1 of section 10 of this act.

5-10 (e) For a period of 1 year if the offense is:

5-11 (1) Any other manslaughter resulting from the driving of a motor

5-12 vehicle or felony in the commission of which a motor vehicle is used,

5-13 including , without limitation, the unlawful taking of a motor vehicle ; [.]

5-14 (2) Failure to stop and render aid as required pursuant to the laws of

5-15 this state in the event of a motor vehicle accident resulting in the death or

5-16 bodily injury of another ; [.]

5-17 (3) Perjury or the making of a false affidavit or statement under oath

5-18 to the department pursuant to NRS 483.010 to 483.630, inclusive, or

5-19 pursuant to any other law relating to the ownership or driving of motor

5-20 vehicles ; [.]

5-21 (4) Conviction, or forfeiture of bail not vacated, upon three charges

5-22 of reckless driving committed within a period of 12 months ; [.]

5-23 (5) A second violation [within 7 years] of NRS 484.379 and, except

5-24 as otherwise provided in subsection 2 of NRS 483.490, the driver is not

5-25 eligible for a restricted license during any of that period ; [.]

5-26 (6) A violation of NRS 484.348 [.] ; or

5-27 [(c)] (7) Punishable pursuant to paragraph (a) of subsection 1 of

5-28 section 10 of this act.

5-29 (f) For a period of 90 days, if the offense is a first violation [within 7

5-30 years] of NRS 484.379.

5-31 2. The period during which a driver is not eligible for a license,

5-32 permit or privilege to drive pursuant to subsection 1 must be set aside

5-33 during any period of imprisonment and the period of revocation must

5-34 resume upon completion of the period of imprisonment or when the

5-35 person is placed on residential confinement.

5-36 3. The department shall revoke the license, permit or privilege of a

5-37 driver convicted of violating NRS 484.379 who fails to complete the

5-38 educational course on the use of alcohol [and controlled substances] within

5-39 the time ordered by the court and shall add a period of 90 days during

5-40 which the driver is not eligible for a license, permit or privilege to drive.

6-1 [3.] 4. When the department is notified by a court that a person who

6-2 has been convicted of violating NRS 484.379 has been permitted to enter a

6-3 program of treatment pursuant to NRS 484.37937 or 484.3794, the

6-4 department shall reduce by one-half the period during which he is not

6-5 eligible for a license, permit or privilege to drive, but shall restore that

6-6 reduction in time if notified that he was not accepted for or failed to

6-7 complete the treatment.

6-8 [4.] 5. The department shall revoke the license, permit or privilege to

6-9 drive of a person who is required to install a device pursuant to NRS

6-10 484.3943 but who operates a motor vehicle without such a device:

6-11 (a) For 3 years, if it is his first such offense during the period of

6-12 required use of the device.

6-13 (b) For 5 years, if it is his second such offense during the period of

6-14 required use of the device.

6-15 [5.] 6. A driver whose license, permit or privilege is revoked pursuant

6-16 to subsection [4] 5 is not eligible for a restricted license during the period

6-17 set forth in paragraph (a) or (b) of that subsection, whichever is applicable.

6-18 [6.] 7. When the department is notified that a court has:

6-19 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

6-20 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

6-21 issuance of a child’s license;

6-22 (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

6-23 issuance of a person’s license; or

6-24 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s
6-25 license,

6-26 the department shall take such actions as are necessary to carry out the

6-27 court’s order.

6-28 [7.] 8. As used in this section, "device" has the meaning ascribed to it

6-29 in NRS 484.3941.

6-30 Sec. 5. NRS 483.490 is hereby amended to read as follows:

6-31 483.490 1. Except as otherwise provided in this section, after a

7-1 Before a restricted license may be issued, the applicant must submit

7-2 sufficient documentary evidence to satisfy the department that a severe

7-3 hardship exists because the applicant has no alternative means of

7-4 transportation and that the severe hardship outweighs the risk to the public

7-5 if he is issued a restricted license.

7-6 2. A person who has been ordered to install a device in a motor vehicle

7-7 which he owns or operates pursuant to NRS 484.3943:

7-8 (a) Shall install the device not later than 21 days after the date on which

7-9 the order was issued; and

7-10 (b) May not receive a restricted license pursuant to this section until:

7-11 (1) After at least 180 days of the period during which he is not

7-12 eligible for a license, if he was convicted of a violation of subsection 2 of

7-13 NRS 484.377, a violation of NRS 484.3795 or homicide resulting from

7-14 driving a vehicle while under the influence of intoxicating liquor [or a

7-15 controlled substance] or if he was convicted of a third violation [within 7

7-16 years] of NRS 484.379;

7-17 (2) After at least 90 days of the period during which he is not eligible

7-18 for a license, if he was convicted of a second violation [within 7 years] of

7-19 NRS 484.379; or

7-20 (3) After at least 45 days of the period during which he is not eligible

7-21 for a license, if he was convicted of a first violation [within 7 years] of

7-22 NRS 484.379.

7-23 3. If the department has received a copy of an order requiring a person

7-24 to install a device in a motor vehicle which he owns or operates pursuant to

7-25 NRS 484.3943, the department shall not issue a restricted driver’s license

7-26 to such a person pursuant to this section unless the applicant has submitted

7-27 proof of compliance with the order and subsection 2.

7-28 4. After a driver’s license has been revoked pursuant to subsection 1 ,

7-29 2 or 3 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection

7-30 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department

7-31 may issue a restricted driver’s license to an applicant permitting the

7-32 applicant to drive a motor vehicle:

7-33 (a) If applicable, to and from work or in the course of his work, or both;

7-34 and

7-35 (b) If applicable, to and from school.

7-36 5. After a driver’s license has been suspended pursuant to NRS

7-37 483.443, the department may issue a restricted driver’s license to an

7-38 applicant permitting the applicant to drive a motor vehicle:

7-39 (a) If applicable, to and from work or in the course of his work, or both;

7-40 (b) To receive regularly scheduled medical care for himself or a

7-41 member of his immediate family; and

7-42 (c) If applicable, as necessary to exercise a court-ordered right to visit a

7-43 child.

8-1 6. A driver who violates a condition of a restricted license issued

8-2 pursuant to subsection 1 or by another jurisdiction is guilty of a

8-3 misdemeanor, and if his license was suspended or revoked for a violation

8-4 of NRS 484.379, 484.3795, 484.384 or section 9, 11 or 12 of this act or a

8-5 homicide resulting from driving a vehicle while under the influence of

8-6 intoxicating liquor or a controlled substance, or the violation of a law of

8-7 any other jurisdiction which prohibits the same conduct, he shall be

8-8 punished in the manner provided pursuant to subsection 2 of NRS 483.560.

8-9 7. The periods of suspensions and revocations required pursuant to this

8-10 chapter and NRS 484.384 must run consecutively, except as otherwise

8-11 provided in NRS 483.465 and 483.475, when the suspensions must run

8-12 concurrently.

8-13 8. Whenever the department suspends or revokes a license, the period

8-14 of suspension, or of ineligibility for a license after the revocation, begins

8-15 upon the effective date of the revocation or suspension as contained in the

8-16 notice thereof.

8-17 Sec. 6. NRS 483.560 is hereby amended to read as follows:

8-18 483.560 1. Except as otherwise provided in subsection 2, any person

9-1 3. A term of imprisonment imposed pursuant to the provisions of this

9-2 section may be served intermittently at the discretion of the judge or justice

9-3 of the peace. This discretion must be exercised after considering all the

9-4 circumstances surrounding the offense, and the family and employment of

9-5 the person convicted. However, the full term of imprisonment must be

9-6 served within 6 months after the date of conviction, and any segment of

9-7 time the person is imprisoned must not consist of less than 24 hours.

9-8 4. Jail sentences simultaneously imposed pursuant to this section and

9-9 NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

9-10 5. The department upon receiving a record of the conviction or

9-11 punishment of any person pursuant to this section upon a charge of driving

9-12 a vehicle while his license was:

9-13 (a) Suspended, shall extend the period of the suspension for an

9-14 additional like period.

9-15 (b) Revoked, shall extend the period of ineligibility for a license, permit

9-16 or privilege to drive for an additional 1 year.

9-17 (c) Restricted, shall revoke his restricted license and extend the period

9-18 of ineligibility for a license, permit or privilege to drive for an additional 1

9-19 year.

9-20 (d) Suspended or canceled for an indefinite period, shall suspend his

9-21 license for an additional 6 months for the first violation and an additional 1

9-22 year for each subsequent violation.

9-23 6. Suspensions and revocations pursuant to this section must run

9-24 consecutively.

9-25 Sec. 7. NRS 483.910 is hereby amended to read as follows:

9-26 483.910 1. The department shall charge and collect the following

10-1 For reinstatement of a commercial driver’s license after

10-2 suspension, revocation, cancellation or disqualification of the

10-3 license, except a suspension or revocation for a violation of

10-4 NRS 484.379 or 484.3795 [,] or section 9, 11 or 12 of this

10-5 act, or pursuant to NRS 484.384 and 484.385, or pursuant to

10-6 49 C.F.R. § 383.51(b)(2)(i) or (ii) $54

10-7 For the transfer of a commercial driver’s license from another

10-8 jurisdiction, which requires the department to administer a

10-9 driving skills test 84

10-10 For the transfer of a commercial driver’s license from another

10-11 jurisdiction, which does not require the department to

10-12 administer a driving skills test 54

10-13 For a duplicate commercial driver’s license 19

10-14 For any change of information on a commercial driver’s license 9

10-15 For each endorsement added after the issuance of an original

10-16 commercial driver’s license 14

10-17 For the administration of a driving skills test to change any

10-18 information on, or add an endorsement to, an existing

10-19 commercial driver’s license 30

10-20 2. The department shall charge and collect an annual fee of $555 from

10-21 each person who is authorized by the department to administer a driving

10-22 skills test pursuant to NRS 483.912.

10-23 3. An additional charge of $3 must be charged for each knowledge test

10-24 administered to a person who has twice failed the test.

10-25 4. An additional charge of $25 must be charged for each driving skills

10-26 test administered to a person who has twice failed the test.

10-27 5. The increase in fees authorized in NRS 483.347 must be paid in

10-28 addition to the fees charged pursuant to this section.

10-29 Sec. 8. Chapter 484 of NRS is hereby amended by adding thereto the

10-30 provisions set forth as sections 9 to 12, inclusive, of this act.

10-31 Sec. 9. 1. It is unlawful for a person who:

10-32 (a) Is under the influence of a controlled substance;

10-33 (b) Is under the combined influence of intoxicating liquor and a

10-34 controlled substance; or

10-35 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

10-36 organic solvent, or any compound or combination of any of these,

10-37 to a degree which renders him impaired to any degree or incapable of

10-38 exercising actual physical control of a vehicle to drive or be in actual

10-39 physical control of a vehicle on a highway or on premises to which the

10-40 public has access.

11-1 2. It is unlawful for a person who has a detectable amount of a

11-2 controlled substance or its metabolite in his blood, urine or other bodily

11-3 substance to drive or be in actual physical control of a vehicle on a

11-4 highway or on premises to which the public has access.

11-5 3. It is an affirmative defense to a violation of the provisions of

11-6 subsection 2 that:

11-7 (a) The defendant used the controlled substance in accordance with a

11-8 lawfully issued prescription if the defendant was not instructed not to

11-9 drive a vehicle while using the controlled substance by a provider of

11-10 health care or a container of or label on or information provided with the

11-11 controlled substance; or

11-12 (b) The only controlled substance or metabolite in the blood, urine or

11-13 other bodily substance of the defendant was opium that was the result of

11-14 the defendant legally ingesting poppy seeds.

11-15 4. Except as otherwise provided in subsection 3, the fact that a

11-16 person charged with a violation of this subsection is or has been entitled

11-17 to use that drug under the laws of this state is not a defense against a

11-18 charge of violating this subsection.

11-19 5. As used in this section, "provider of health care" has the meaning

11-20 ascribed to it in NRS 629.031.

11-21 Sec. 10. 1. A person who violates the provisions of section 9 of this

11-22 act if such violation does not result in an accident:

11-23 (a) For the first offense, is guilty of a category D felony and shall be

11-24 punished as provided in NRS 193.130.

11-25 (b) For the second offense, is guilty of a category C felony and shall

11-26 be punished by imprisonment in the state prison for a minimum term of

11-27 not less than 2 years and a maximum term of not more than 5 years, and

11-28 shall be further punished by a fine of not less than $3,000.

11-29 (c) For the third offense, is guilty of a category B felony and shall be

11-30 punished by imprisonment in the state prison for a minimum term of not

11-31 less than 3 years and a maximum term of not more than 10 years, and

11-32 shall be further punished by a fine of not less than $4,000.

11-33 (d) For the fourth offense, is guilty of a category B felony and shall be

11-34 punished by imprisonment in the state prison for a minimum term of not

11-35 less than 5 years and a maximum term of not more than 20 years, and

11-36 shall be further punished by a fine of not less than $10,000.

11-37 (e) For the fifth offense, is guilty of a category A felony and shall be

11-38 punished by imprisonment in the state prison for life with the possibility

11-39 of parole, with eligibility for parole beginning when a minimum of 20

11-40 years has been served.

11-41 2. A person who violates the provisions of section 9 of this act if such

11-42 violation results in an accident, is guilty of a category B felony and shall

11-43 be punished by imprisonment in the state prison for a minimum term of

12-1 not less than 8 years and a maximum term of not more than 20 years,

12-2 and shall be further punished by a fine of not less than $15,000. In

12-3 addition to any other penalty, the court shall order the person to pay

12-4 restitution.

12-5 3. An offender who is imprisoned pursuant to this section must,

12-6 insofar as practicable, be segregated from offenders whose crimes were

12-7 violent and, insofar as practicable, be assigned to an institution or facility

12-8 of minimum security.

12-9 4. An offense that occurred before the date of the principal offense

12-10 or after the principal offense constitutes a prior offense for the purposes

12-11 of this section when evidenced by a conviction, without regard to the

12-12 sequence of the offenses and convictions. The facts concerning a prior

12-13 offense must be alleged in the complaint, indictment or information,

12-14 must not be read to the jury or proved at trial but must be proved at the

12-15 time of sentencing and, if the principal offense is alleged to be a felony,

12-16 must also be shown at the preliminary examination or presented to the

12-17 grand jury.

12-18 5. A prosecuting attorney shall not dismiss a charge of violating the

12-19 provisions of section 9 of this act in exchange for a plea of guilty, guilty

12-20 but mentally ill or nolo contendere to a lesser charge or for any other

12-21 reason unless he knows or it is obvious that the charge is not supported

12-22 by probable cause or cannot be proved at the time of trial. Probation may

12-23 not be granted to a person sentenced pursuant to this section.

12-24 6. If the defendant was transporting a person who is less than 15

12-25 years of age in the motor vehicle at the time of the violation, the court

12-26 shall consider that fact as an aggravating factor in determining the

12-27 sentence of the defendant.

12-28 7. As used in this section, unless the context otherwise requires,

12-29 "offense" means a violation of NRS 484.379 or 484.3795 or section 9, 11

12-30 or 12 of this act or a homicide resulting from the driving of a vehicle

12-31 while under the influence of intoxicating liquor or a controlled

12-32 substance, or the violation of a law of any other jurisdiction that

12-33 prohibits the same or similar conduct.

12-34 Sec. 11. 1. A person who:

12-35 (a) Is under the influence of a controlled substance;

12-36 (b) Is under the combined influence of intoxicating liquor and a

12-37 controlled substance; or

12-38 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

12-39 organic solvent, or any compound or combination of any of these,

12-40 to a degree which renders him impaired to any degree or incapable of

12-41 exercising actual physical control of a vehicle, or has a detectable

12-42 amount of a controlled substance or its metabolite in his blood, urine or

12-43 other bodily substance, and does any act or neglects any duty imposed by

13-1 law while driving or in actual physical control of any vehicle on or off

13-2 the highways of this state, if the act or neglect of duty proximately causes

13-3 substantial bodily harm, other than death, to a person other than himself,

13-4 is guilty of a category A felony and shall be punished by imprisonment in

13-5 the state prison for life with the possibility of parole, with eligibility for

13-6 parole beginning when a minimum of 20 years has been served, and

13-7 shall be further punished by a fine of not less than $20,000. In addition

13-8 to any other penalty, the court shall order the person to pay restitution,

13-9 including, without limitation, costs incurred in providing medical care,

13-10 counseling for the victim and family members of the victim and

13-11 rehabilitating the victim and costs incurred from the loss of income to the

13-12 victim.

13-13 2. A person who is imprisoned pursuant to this section must, insofar

13-14 as practicable, be segregated from offenders whose crimes were violent

13-15 and, insofar as practicable, be assigned to an institution or facility of

13-16 minimum security.

13-17 3. A prosecuting attorney shall not dismiss a charge of violating the

13-18 provisions of subsection 1 in exchange for a plea of guilty, guilty but

13-19 mentally ill or nolo contendere to a lesser charge or for any other reason

13-20 unless he knows or it is obvious that the charge is not supported by

13-21 probable cause or cannot be proved at the time of trial. Probation may

13-22 not be granted to a person sentenced pursuant to this section.

13-23 4. It is an affirmative defense to a violation of the provisions of

13-24 subsection 1 for having a detectable amount of a controlled substance or

13-25 its metabolite in his blood, urine or other bodily substance that:

13-26 (a) The defendant used the controlled substance in accordance with a

13-27 lawfully issued prescription if the defendant was not instructed not to

13-28 drive a vehicle while using the controlled substance by a provider of

13-29 health care or a container of or label on or information provided with the

13-30 controlled substance; or

13-31 (b) The only controlled substance or metabolite in the blood, urine or

13-32 other bodily substance of the defendant was opium that was the result of

13-33 the defendant legally ingesting poppy seeds.

13-34 5. If the defendant was transporting a person who is less than 15

13-35 years of age in the motor vehicle at the time of the violation, the court

13-36 shall consider that fact as an aggravating factor in determining the

13-37 sentence of the defendant.

13-38 6. As used in this section, "provider of health care" has the meaning

13-39 ascribed to it in NRS 629.031.

13-40 Sec. 12. 1. A person who:

13-41 (a) Is under the influence of a controlled substance;

13-42 (b) Is under the combined influence of intoxicating liquor and a

13-43 controlled substance; or

14-1 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

14-2 organic solvent, or any compound or combination of any of these,

14-3 to a degree which renders him impaired to any degree or incapable of

14-4 exercising actual physical control of a vehicle, or has a detectable

14-5 amount of a controlled substance or its metabolite in his blood, urine or

14-6 other bodily substance, and does any act or neglects any duty imposed by

14-7 law while driving or in actual physical control of any vehicle on or off

14-8 the highways of this state, if the act or neglect of duty proximately causes

14-9 the death of a person, is guilty of a category A felony and shall be

14-10 punished by imprisonment in the state prison for life with the possibility

14-11 of parole, with eligibility for parole beginning when a minimum of 20

14-12 years has been served, and shall be further punished by a fine of not less

14-13 than $25,000. In addition to any other penalty, the court shall order the

14-14 person to pay restitution, including, without limitation, costs incurred in

14-15 providing medical care and counseling for family members of the victim

14-16 and the costs incurred for funeral expenses.

14-17 2. A person who is imprisoned pursuant to this section must, insofar

14-18 as practicable, be segregated from offenders whose crimes were violent

14-19 and, insofar as practicable, be assigned to an institution or facility of

14-20 minimum security.

14-21 3. A prosecuting attorney shall not dismiss a charge of violating the

14-22 provisions of subsection 1 in exchange for a plea of guilty, guilty but

14-23 mentally ill or nolo contendere to a lesser charge or for any other reason

14-24 unless he knows or it is obvious that the charge is not supported by

14-25 probable cause or cannot be proved at the time of trial. Probation may

14-26 not be granted to a person sentenced pursuant to this section.

14-27 4. It is an affirmative defense to a violation of the provisions of

14-28 subsection 1 for having a detectable amount of a controlled substance or

14-29 its metabolite in his blood, urine or other bodily substance that:

14-30 (a) The defendant used the controlled substance in accordance with a

14-31 lawfully issued prescription if the defendant was not instructed not to

14-32 drive a vehicle while using the controlled substance by a provider of

14-33 health care or a container of or label on or information provided with the

14-34 controlled substance; or

14-35 (b) The only controlled substance or metabolite in the blood, urine or

14-36 other bodily substance of the defendant was opium that was the result of

14-37 the defendant legally ingesting poppy seeds.

14-38 5. If the defendant was transporting a person who is less than 15

14-39 years of age in the motor vehicle at the time of the violation, the court

14-40 shall consider that fact as an aggravating factor in determining the

14-41 sentence of the defendant.

14-42 6. As used in this section, "provider of health care" has the meaning

14-43 ascribed to it in NRS 629.031.

15-1 Sec. 13. NRS 484.259 is hereby amended to read as follows:

15-2 484.259 Unless specifically made applicable, the provisions of this

15-8 and vehicles when traveling to or from such work.

15-9 Sec. 14. NRS 484.379 is hereby amended to read as follows:

15-10 484.379 1. It is unlawful for any person who:

15-37 of that intent.

15-38 Sec. 15. NRS 484.3791 is hereby amended to read as follows:

15-39 484.3791 1. In addition to any other penalty provided by law, a

15-41 liable to the state for a civil penalty of $35, payable to the department.

16-1 2. The department shall not issue any license to drive a motor vehicle

16-2 to a person convicted of a violation of NRS 484.379 or section 9 of this

16-3 act until the civil penalty is paid.

16-4 3. Any money received by the department pursuant to subsection 1

16-5 must be deposited with the state treasurer for credit to the fund for the

16-6 compensation of victims of crime.

16-7 Sec. 16. NRS 484.3792 is hereby amended to read as follows:

16-8 484.3792 1. [A] Unless a greater penalty is provided pursuant to

17-1 (c) For a third or subsequent offense , [within 7 years,] is guilty of a

17-2 category B felony and shall be punished by imprisonment in the state

17-3 prison for a minimum term of not less than 1 year and a maximum term of

17-4 not more than 6 years, and shall be further punished by a fine of not less

17-5 than $2,000 nor more than $5,000. An offender so imprisoned must,

17-6 insofar as practicable, be segregated from offenders whose crimes were

17-7 violent and, insofar as practicable, be assigned to an institution or facility

17-8 of minimum security.

17-9 2. An offense that occurred [within 7 years immediately preceding]

17-10 before the date of the principal offense or after the principal offense

17-11 constitutes a prior offense for the purposes of this section when evidenced

17-12 by a conviction, without regard to the sequence of the offenses and

17-13 convictions. The facts concerning a prior offense must be alleged in the

17-14 complaint, indictment or information, must not be read to the jury or

17-15 proved at trial but must be proved at the time of sentencing and, if the

17-16 principal offense is alleged to be a felony, must also be shown at the

17-17 preliminary examination or presented to the grand jury.

17-18 3. A person convicted of violating the provisions of NRS 484.379

17-19 must not be released on probation, and a sentence imposed for violating

17-20 those provisions must not be suspended except, as provided in NRS 4.373,

17-21 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

17-22 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

17-23 a charge of violating the provisions of NRS 484.379 in exchange for a plea

17-24 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

17-25 any other reason unless he knows or it is obvious that the charge is not

17-26 supported by probable cause or cannot be proved at the time of trial.

17-27 4. A term of confinement imposed pursuant to the provisions of this

17-28 section may be served intermittently at the discretion of the judge or justice

17-29 of the peace, except that a person who is convicted of a second or

17-30 subsequent offense [within 7 years] must be confined for at least one

17-31 segment of not less than 48 consecutive hours. This discretion must be

17-32 exercised after considering all the circumstances surrounding the offense,

17-33 and the family and employment of the offender, but any sentence of 30

17-34 days or less must be served within 6 months after the date of conviction or,

17-35 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

17-36 the suspension of his sentence was revoked, within 6 months after the date

17-37 of revocation. Any time for which the offender is confined must consist of

17-38 not less than 24 consecutive hours.

17-39 5. Jail sentences simultaneously imposed pursuant to this section and

17-40 NRS 483.560 or 485.330 must run consecutively.

18-1 6. If the person who violated the provisions of NRS 484.379 possesses

18-2 a driver’s license issued by a state other than the State of Nevada and does

18-3 not reside in the State of Nevada, in carrying out the provisions of

18-4 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

18-5 (a) Order the person to pay tuition for and submit evidence of

18-6 completion of an educational course on the abuse of alcohol [and

18-7 controlled substances] approved by a governmental agency of the state of

18-8 his residence within the time specified in the order; or

18-9 (b) Order him to complete an educational course by correspondence on

18-10 the abuse of alcohol [and controlled substances] approved by the

18-11 department within the time specified in the order,

18-12 and the court shall notify the department if the person fails to complete the

18-13 assigned course within the specified time.

18-14 7. If the defendant was transporting a person who is less than 15 years

18-15 of age in the motor vehicle at the time of the violation, the court shall

18-16 consider that fact as an aggravating factor in determining the sentence of

18-17 the defendant.

18-18 8. As used in this section, unless the context otherwise requires,

18-19 "offense" means a violation of NRS 484.379 or 484.3795 or section 9, 11

18-20 or 12 of this act, or a homicide resulting from the driving of a vehicle

18-21 while under the influence of intoxicating liquor or a controlled substance,

18-22 or the violation of a law of any other jurisdiction that prohibits the same or

18-23 similar conduct.

18-24 Sec. 17. NRS 484.37937 is hereby amended to read as follows:

18-25 484.37937 1. Except as otherwise provided in subsection 2, a person

18-41 or has performed or will perform 48 hours of work for the community.

19-1 2. A person may not apply to the court to undergo a program of

19-2 treatment pursuant to subsection 1 if [, within the immediately preceding 7

19-3 years,] previously he has been found guilty of:

19-4 (a) A violation of NRS 484.3795 [;] or section 11 or 12 of this act;

19-5 (b) A homicide resulting from driving a vehicle while under the

19-6 influence of intoxicating liquor or a controlled substance; or

19-7 (c) A violation of the law of any other jurisdiction which prohibits the

19-8 same or similar conduct as set forth in paragraph (a) or (b).

19-9 3. For the purposes of subsection 1, a violation of the law of any other

19-10 jurisdiction which prohibits the same or similar conduct as NRS 484.379

19-11 constitutes a violation of NRS 484.379.

19-12 4. A prosecuting attorney may, within 10 days after receiving notice of

19-13 an application for treatment pursuant to this section, request a hearing on

19-14 the question of whether the offender is eligible to undergo a program of

19-15 treatment for alcoholism . [or drug abuse.] The court shall order a hearing

19-16 on the application upon the request of the prosecuting attorney or may

19-17 order a hearing on its own motion. The hearing must be limited to the

19-18 question of whether the offender is eligible to undergo such a program of

19-19 treatment.

19-20 5. At the hearing on the application for treatment, the prosecuting

19-21 attorney may present the court with any relevant evidence on the matter. If

19-22 a hearing is not held, the court shall decide the matter upon affidavits and

19-23 other information before the court.

19-24 6. If the court grants an application for treatment, the court shall:

19-25 (a) Immediately sentence the offender and enter judgment accordingly.

19-26 (b) Suspend the sentence of the offender for not more than 3 years upon

19-27 the condition that the offender be accepted for treatment by a treatment

19-28 facility, that he complete the treatment satisfactorily and that he comply

19-29 with any other condition ordered by the court.

19-30 (c) Advise the offender that:

19-31 (1) If he is accepted for treatment by such a facility, he may be

19-32 placed under the supervision of the facility for a period not to exceed 3

19-33 years and during treatment he may be confined in an institution or, at the

19-34 discretion of the facility, released for treatment or supervised aftercare in

19-35 the community.

19-36 (2) If he is not accepted for treatment by such a facility or he fails to

19-37 complete the treatment satisfactorily, he shall serve the sentence imposed

19-38 by the court. Any sentence of imprisonment must be reduced by a time

19-39 equal to that which he served before beginning treatment.

19-40 (3) If he completes the treatment satisfactorily, his sentence will be

19-41 reduced to a term of imprisonment which is no longer than that provided

19-42 for the offense in paragraph (c) of subsection 1 and a fine of not more than

20-1 the minimum fine provided for the offense in NRS 484.3792, but the

20-2 conviction must remain on his record of criminal history.

20-3 7. The court shall administer the program of treatment pursuant to the

20-4 procedures provided in NRS 458.320 and 458.330, except that the court:

20-5 (a) Shall not defer the sentence, set aside the conviction or impose

20-6 conditions upon the election of treatment except as provided in this

20-7 section.

20-8 (b) May immediately revoke the suspension of sentence for a violation

20-9 of any condition of the suspension.

20-10 8. The court shall notify the department, on a form approved by the

20-11 department, upon granting the application of the offender for treatment and

20-12 his failure to be accepted for or complete treatment.

20-13 Sec. 18. NRS 484.3794 is hereby amended to read as follows:

20-14 484.3794 1. Except as otherwise provided in subsection 2, a person

21-1 4. A prosecuting attorney may, within 10 days after receiving notice of

21-2 an application for treatment pursuant to this section, request a hearing on

21-3 the matter. The court shall order a hearing on the application upon the

21-4 request of the prosecuting attorney or may order a hearing on its own

21-5 motion.

21-6 5. At the hearing on the application for treatment, the prosecuting

21-7 attorney may present the court with any relevant evidence on the matter. If

21-8 a hearing is not held, the court shall decide the matter upon affidavits and

21-9 other information before the court.

21-10 6. If the court determines that an application for treatment should be

21-11 granted, the court shall:

21-12 (a) Immediately sentence the offender and enter judgment accordingly ;

21-13 [.]

21-14 (b) Suspend the sentence of the offender for not more than 3 years upon

21-15 the condition that the offender be accepted for treatment by a treatment

21-16 facility, that he complete the treatment satisfactorily and that he comply

21-17 with any other condition ordered by the court [.] ; and

21-18 (c) Advise the offender that:

21-19 (1) If he is accepted for treatment by such a facility, he may be

21-20 placed under the supervision of the facility for a period not to exceed 3

21-21 years and during treatment he may be confined in an institution or, at the

21-22 discretion of the facility, released for treatment or supervised aftercare in

21-23 the community.

21-24 (2) If he is not accepted for treatment by such a facility or he fails to

21-25 complete the treatment satisfactorily, he shall serve the sentence imposed

21-26 by the court. Any sentence of imprisonment must be reduced by a time

21-27 equal to that which he served before beginning treatment.

21-28 (3) If he completes the treatment satisfactorily, his sentence will be

21-29 reduced to a term of imprisonment which is no longer than that provided

21-30 for the offense in paragraph (c) of subsection 1 and a fine of not more than

21-31 the minimum provided for the offense in NRS 484.3792, but the

21-32 conviction must remain on his record of criminal history.

21-33 7. The court shall administer the program of treatment pursuant to the

21-34 procedures provided in NRS 458.320 and 458.330, except that the court:

21-35 (a) Shall not defer the sentence, set aside the conviction or impose

21-36 conditions upon the election of treatment except as provided in this

21-37 section.

21-38 (b) May immediately revoke the suspension of sentence for a violation

21-39 of a condition of the suspension.

21-40 8. The court shall notify the department, on a form approved by the

21-41 department, upon granting the application of the offender for treatment and

21-42 his failure to be accepted for or complete treatment.

22-1 Sec. 19. NRS 484.37943 is hereby amended to read as follows:

22-2 484.37943 1. If a person is found guilty of a first violation, if the

22-43 offender more than $100 for the evaluation.

23-1 Sec. 20. NRS 484.37945 is hereby amended to read as follows:

23-2 484.37945 1. When a program of treatment is ordered pursuant to

23-25 ordered pursuant to paragraph (b) of subsection 1 of NRS 484.3792.

23-26 Sec. 21. NRS 484.3795 is hereby amended to read as follows:

23-27 484.3795 1. A person who:

23-43 felony and shall be punished by imprisonment in the state prison for a

24-1 minimum term of not less than 2 years and a maximum term of not more

24-2 than 20 years and must be further punished by a fine of not less than

24-3 $2,000 nor more than $5,000. A person so imprisoned must, insofar as

24-4 practicable, be segregated from offenders whose crimes were violent and,

24-5 insofar as practicable, be assigned to an institution or facility of minimum

24-6 security.

24-7 2. A prosecuting attorney shall not dismiss a charge of violating the

24-8 provisions of subsection 1 in exchange for a plea of guilty, guilty but

24-9 mentally ill or nolo contendere to a lesser charge or for any other reason

24-10 unless he knows or it is obvious that the charge is not supported by

24-11 probable cause or cannot be proved at the time of trial. A sentence imposed

24-12 pursuant to subsection 1 may not be suspended nor may probation be

24-13 granted.

24-14 3. If consumption is proven by a preponderance of the evidence, it is

24-15 an affirmative defense under paragraph (c) of subsection 1 that the

24-16 defendant consumed a sufficient quantity of alcohol after driving or being

24-17 in actual physical control of the vehicle, and before his blood was tested, to

24-18 cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant

24-19 who intends to offer this defense at a trial or preliminary hearing must, not

24-20 less than 14 days before the trial or hearing or at such other time as the

24-21 court may direct, file and serve on the prosecuting attorney a written notice

24-22 of that intent.

24-23 4. If the defendant was transporting a person who is less than 15 years

24-24 of age in the motor vehicle at the time of the violation, the court shall

24-25 consider that fact as an aggravating factor in determining the sentence of

24-26 the defendant.

24-27 Sec. 22. NRS 484.3796 is hereby amended to read as follows:

24-28 484.3796 1. Before sentencing an offender pursuant to [NRS

24-43 director of the department of prisons.

25-1 Sec. 23. NRS 484.3797 is hereby amended to read as follows:

25-2 484.3797 1. The judge or judges in each judicial district shall cause

25-35 entirety.

25-36 Sec. 24. NRS 484.3798 is hereby amended to read as follows:

25-37 484.3798 1. If a defendant pleads guilty , [or] guilty but mentally ill

25-43 provided in this subsection, any money collected for the chemical analysis

26-1 must not be deducted from, and is in addition to, any fine otherwise

26-2 imposed by the court and must be:

26-3 (a) Collected from the defendant before or at the same time that the fine

26-4 is collected.

26-5 (b) Stated separately in the judgment of the court or on the court’s

26-6 docket.

26-7 2. All money collected pursuant to subsection 1 must be paid by the

26-8 clerk of the court to the county or city treasurer, as appropriate, on or

26-9 before the fifth day of each month for the preceding month.

26-10 3. The treasurer shall deposit all money received by him pursuant to

26-11 subsection 2 in the county or city treasury, as appropriate, for credit to the

26-12 fund for forensic services created pursuant to NRS 453.575. The money

26-13 must be accounted for separately within the fund.

26-14 4. Except as otherwise provided in subsection 5, each month the

26-15 treasurer shall, from the money credited to the fund pursuant to subsection

26-16 3, pay any amount owed for forensic services and deposit any remaining

26-17 money in the county or city general fund, as appropriate.

26-18 5. In counties that do not receive forensic services under a contract

26-19 with the state, the money credited to the fund pursuant to subsection 3:

26-20 (a) Except as otherwise provided in paragraph (b), must be:

26-21 (1) Expended to pay for the chemical analyses performed within the

26-22 county;

26-23 (2) Expended to purchase and maintain equipment to conduct such

26-24 analyses;

26-25 (3) Expended for the training and continuing education of the

26-26 employees who conduct such analyses; and

26-27 (4) Paid to law enforcement agencies which conduct such analyses to

26-28 be used by those agencies in the manner provided in this subsection.

26-29 (b) May only be expended to cover the costs of chemical analyses

26-30 conducted by, equipment used by, or training for employees of an

26-31 analytical laboratory that is approved by the committee on testing for

26-32 intoxication created in NRS 484.388.

26-33 Sec. 25. NRS 484.383 is hereby amended to read as follows:

26-34 484.383 1. Except as otherwise provided in subsections 3 and 4, any

26-43 influence of intoxicating liquor or a controlled substance.

27-1 2. If the person to be tested pursuant to subsection 1 is dead or

27-2 unconscious, the officer shall direct that samples of blood from the person

27-3 be tested.

27-4 3. Any person who is afflicted with hemophilia or with a heart

27-5 condition requiring the use of an anticoagulant as determined by a

27-6 physician is exempt from any blood test which may be required pursuant to

27-7 this section but must, when appropriate pursuant to the provisions of this

27-8 section, be required to submit to a breath or urine test.

27-9 4. If the alcoholic content of the blood or breath of the person to be

27-10 tested is in issue:

27-11 (a) Except as otherwise provided in this section, the person may refuse

27-12 to submit to a blood test if means are reasonably available to perform a

27-13 breath test.

27-14 (b) The person may request a blood test, but if means are reasonably

27-15 available to perform a breath test when the blood test is requested, and the

27-16 person is subsequently convicted, he must pay for the cost of the blood

27-17 test, including the fees and expenses of witnesses in court.

27-18 (c) A police officer may direct the person to submit to a blood test as set

27-19 forth in subsection 7 if the officer has reasonable grounds to believe that

27-20 the person:

27-21 (1) Caused death or substantial bodily harm to another person as a

27-22 result of driving or being in actual physical control of a vehicle while

27-23 under the influence of intoxicating liquor or a controlled substance; or

27-24 (2) [Has] Previously has been convicted [within the previous 7 years]

27-25 of:

27-26 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

27-27 488.400, NRS 488.410 or 488.420 or section 9, 11 or 12 of this act or a

27-28 law of another jurisdiction that prohibits the same or similar conduct; or

27-29 (II) Any other offense in this state or another jurisdiction in which

27-30 death or substantial bodily harm to another person resulted from driving,

27-31 operating or being in actual physical control of a vehicle or a vessel under

27-32 power or sail while under the influence of intoxicating liquor or a

27-33 controlled substance.

27-34 5. If the presence of a controlled substance or its metabolite in the

27-35 blood of the person is in issue, the officer may direct him to submit to a

27-36 blood or urine test, or both, in addition to the breath test.

27-37 6. Except as otherwise provided in subsections 3 and 5, a police officer

27-38 shall not direct a person to submit to a urine test.

27-39 7. If a person to be tested fails to submit to a required test as directed

27-40 by a police officer pursuant to this section and the officer has reasonable

27-41 grounds to believe that the person to be tested was driving or in actual

27-42 physical control of a motor vehicle while under the influence of

27-43 intoxicating liquor or a controlled substance, the officer may direct that

28-1 reasonable force be used to the extent necessary to obtain samples of blood

28-2 from the person to be tested. Not more than three such samples may be

28-3 taken during the 5-hour period immediately following the time of the

28-4 initial arrest. In such a circumstance, the officer is not required to provide

28-5 the person with a choice of tests for determining the alcoholic content or

28-6 presence of a controlled substance or its metabolite in his blood.

28-7 8. If a person who is less than 18 years of age is directed to submit to

28-8 an evidentiary test pursuant to this section, the officer shall, before testing

28-9 the person, make a reasonable attempt to notify the parent, guardian or

28-10 custodian of the person, if known.

28-11 Sec. 26. NRS 484.3945 is hereby amended to read as follows:

28-12 484.3945 1. A person required to install a device pursuant to NRS

28-29 supported by probable cause or cannot be proved at trial.

28-30 Sec. 27. NRS 484.791 is hereby amended to read as follows:

28-31 484.791 1. Any peace officer may, without a warrant, arrest a person

28-40 intoxicating liquor and a controlled substance, or after ingesting, applying

29-1 or otherwise using any chemical, poison or organic solvent, or any

29-2 compound or combination of any of these, to a degree which renders the

29-3 person [incapable of safely driving or] impaired to any degree or

29-4 exercising actual physical control of a vehicle;

29-5 (d) Driving or being in actual physical control of a vehicle with a

29-6 detectable amount of a controlled substance or its metabolite in his

29-7 blood, urine or other bodily substance;

29-8 (e) Failure to stop, give information or render reasonable assistance in

29-9 the event of an accident resulting in death or personal injuries, as

29-10 prescribed in NRS 484.219 and 484.223;

29-11 [(e)] (f) Failure to stop or give information in the event of an accident

29-12 resulting in damage to a vehicle or to other property legally upon or

29-13 adjacent to a highway, as prescribed in NRS 484.221 and 484.225;

29-14 [(f)] (g) Reckless driving;

29-15 [(g)] (h) Driving a motor vehicle on a highway or on premises to which

29-16 the public has access at a time when his driver’s license has been canceled,

29-17 revoked or suspended; or

29-18 [(h)] (i) Driving a motor vehicle in any manner in violation of the

29-19 restrictions imposed in a restricted license issued to him pursuant to NRS

29-20 483.490.

29-21 2. Whenever any person is arrested as authorized in this section he

29-22 must be taken without unnecessary delay before the proper magistrate as

29-23 specified in NRS 484.803, except that in the case of either of the offenses

29-24 designated in [paragraphs (e) and (f)] paragraph (f) or (g) of subsection 1

29-25 a peace officer has the same discretion as is provided in other cases in NRS

29-26 484.795.

29-27 Sec. 28. NRS 484.801 is hereby amended to read as follows:

29-28 484.801 Except for felonies and those offenses set forth in paragraphs

29-36 in connection with the accident.

29-37 Sec. 29. NRS 484.805 is hereby amended to read as follows:

29-38 484.805 Whenever any person is taken into custody by a peace officer

29-43 is no bail schedule established by the magistrate or court and no lawfully

30-1 designated court clerk or other public officer who is available and

30-2 authorized to accept bail upon behalf of the magistrate or court, the person

30-3 must be released from custody upon the issuance to him of a written