CHAPTER........

Section 1. NRS 484.3792 is hereby amended to read as follows:

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

1. category B felony and shall be punished by imprisonment in the state
2. prison for a minimum term of not less than 1 year and a maximum term of

1. not more than 6 years, and shall be further punished by a fine of not less

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

1. as practicable, be segregated from offenders whose crimes were violent

1. and, insofar as practicable, be assigned to an institution or facility of

1. minimum security.

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

1. date of the principal offense or after the principal offense constitutes a prior

1. offense for the purposes of this section when evidenced by a conviction,

1. without regard to the sequence of the offenses and convictions. The facts

1. concerning a prior offense must be alleged in the complaint, indictment or

1. information, must not be read to the jury or proved at trial but must be

1. proved at the time of sentencing and, if the principal offense is alleged to be

1. a felony, must also be shown at the preliminary examination or presented to

1. the grand jury.

1. 3. A person convicted of violating the provisions of NRS 484.379 must

1. not be released on probation, and a sentence imposed for violating those

1. provisions must not be suspended except, as provided in NRS 4.373, 5.055,

1. 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

1. the mandatory minimum. A prosecuting attorney shall not dismiss a charge

1. of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

1. guilty but mentally ill or nolo contendere to a lesser charge or for any other

1. reason unless he knows or it is obvious that the charge is not supported by

1. probable cause or cannot be proved at the time of trial.

1. 4. A term of confinement imposed pursuant to the provisions of this

1. section may be served intermittently at the discretion of the judge or justice

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

1. subsequent offense within 7 years must be confined for at least one segment

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

1. after considering all the circumstances surrounding the offense, and the

1. family and employment of the offender, but any sentence of 30 days or less

1. must be served within 6 months after the date of conviction or, if the

1. offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

1. suspension of his sentence was revoked, within 6 months after the date of

1. revocation. Any time for which the offender is confined must consist of not

1. less than 24 consecutive hours.

1. 5. Jail sentences simultaneously imposed pursuant to this section and

1. NRS 483.560 or 485.330 must run consecutively.

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

1. a driver’s license issued by a state other than the State of Nevada and does

1. not reside in the State of Nevada, in carrying out the provisions of

1. subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

1. (a) Order the person to pay tuition for and submit evidence of

1. completion of an educational course on the abuse of alcohol and controlled

1. substances approved by a governmental agency of the state of his residence

1. within the time specified in the order; or
2. (b) Order him to complete an educational course by correspondence on

1. the abuse of alcohol and controlled substances approved by the department

1. within the time specified in the order,

1. and the court shall notify the department if the person fails to complete the

1. assigned course within the specified time.

1. 7. If the defendant was transporting a person who is less than 15 years

1. of age in the motor vehicle at the time of the violation, the court shall

1. consider that fact as an aggravating factor in determining the sentence of

1. the defendant.

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

1. "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

1. resulting from the driving of a vehicle while under the influence of

1. intoxicating liquor or a controlled substance, or the violation of a law of

1. any other jurisdiction that prohibits the same or similar conduct.

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

committed before October 1, 1999.

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