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 484.3792 is hereby amended to read as follows:

1-2 484.3792 1. A person who violates the provisions of NRS 484.379:

1-19 (1) Shall sentence him to:

2-1 (I) Imprisonment for not less than 10 days nor more than 6 months

2-2 in jail; or

2-3 (II) Residential confinement for not less than 10 days nor more

2-4 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

2-5 or 5.0755 to 5.078, inclusive;

2-6 (2) Shall fine him not less than [$500] $750 nor more than $1,000;

2-7 (3) Shall order him to perform not less than 100 hours, but not more

2-8 than 200 hours, of work for the community while dressed in distinctive

2-9 garb that identifies him as having violated the provisions of NRS 484.379,

2-10 unless the court finds that extenuating circumstances exist; and

2-11 (4) May order him to attend a program of treatment for the abuse of

2-12 alcohol or drugs pursuant to the provisions of NRS 484.37945.

2-13 A person who willfully fails or refuses to complete successfully a term of

2-14 residential confinement or a program of treatment ordered pursuant to this

2-15 paragraph is guilty of a misdemeanor.

2-16 (c) For a third or subsequent offense within 7 years, is guilty of a

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

2-18 prison for a minimum term of not less than 1 year and a maximum term of

2-19 not more than 6 years, and shall be further punished by a fine of not less

2-20 than $2,000 nor more than $5,000. An offender so imprisoned must, insofar

2-21 as practicable, be segregated from offenders whose crimes were violent

2-22 and, insofar as practicable, be assigned to an institution or facility of

2-23 minimum security.

2-24 2. An offense that occurred within 7 years immediately preceding the

2-25 date of the principal offense or after the principal offense constitutes a prior

2-26 offense for the purposes of this section when evidenced by a conviction,

2-27 without regard to the sequence of the offenses and convictions. The facts

2-28 concerning a prior offense must be alleged in the complaint, indictment or

2-29 information, must not be read to the jury or proved at trial but must be

2-30 proved at the time of sentencing and, if the principal offense is alleged to be

2-31 a felony, must also be shown at the preliminary examination or presented to

2-32 the grand jury.

2-33 3. A person convicted of violating the provisions of NRS 484.379 must

2-34 not be released on probation, and a sentence imposed for violating those

2-35 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

2-36 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

2-37 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

2-38 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

2-39 guilty but mentally ill or nolo contendere to a lesser charge or for any other

2-40 reason unless he knows or it is obvious that the charge is not supported by

2-41 probable cause or cannot be proved at the time of trial.

2-42 4. A term of confinement imposed pursuant to the provisions of this

2-43 section may be served intermittently at the discretion of the judge or justice

3-1 of the peace, except that a person who is convicted of a second or

3-2 subsequent offense within 7 years must be confined for at least one segment

3-3 of not less than 48 consecutive hours. This discretion must be exercised

3-4 after considering all the circumstances surrounding the offense, and the

3-5 family and employment of the offender, but any sentence of 30 days or less

3-6 must be served within 6 months after the date of conviction or, if the

3-7 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

3-8 suspension of his sentence was revoked, within 6 months after the date of

3-9 revocation. Any time for which the offender is confined must consist of not

3-10 less than 24 consecutive hours.

3-11 5. Jail sentences simultaneously imposed pursuant to this section and

3-12 NRS 483.560 or 485.330 must run consecutively.

3-13 6. If the person who violated the provisions of NRS 484.379 possesses

3-14 a driver’s license issued by a state other than the State of Nevada and does

3-15 not reside in the State of Nevada, in carrying out the provisions of

3-16 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

3-17 (a) Order the person to pay tuition for and submit evidence of

3-18 completion of an educational course on the abuse of alcohol and controlled

3-19 substances approved by a governmental agency of the state of his residence

3-20 within the time specified in the order; or

3-21 (b) Order him to complete an educational course by correspondence on

3-22 the abuse of alcohol and controlled substances approved by the department

3-23 within the time specified in the order,

3-24 and the court shall notify the department if the person fails to complete the

3-25 assigned course within the specified time.

3-26 7. If the defendant was transporting a person who is less than 15 years

3-27 of age in the motor vehicle at the time of the violation, the court shall

3-28 consider that fact as an aggravating factor in determining the sentence of

3-29 the defendant.

3-30 8. As used in this section, unless the context otherwise requires,

3-31 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

3-32 resulting from the driving of a vehicle while under the influence of

3-33 intoxicating liquor or a controlled substance, or the violation of a law of

3-34 any other jurisdiction that prohibits the same or similar conduct.

3-35 Sec. 2. The amendatory provisions of this act do not apply to offenses

3-36 committed before October 1, 1999.