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 4.373 is hereby amended to read as follows:

1-2 4.373 1. Except as otherwise provided in subsection 2 [,] or 5, by

1-7 that the offender:

2-1 (a) Make restitution to the owner of any property that is lost, damaged

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

2-3 (b) Engage in a program of work for the benefit of the community, for

2-4 not more than 200 hours;

2-5 (c) Actively participate in a program of professional counseling at the

2-6 expense of the offender;

2-7 (d) Abstain from the use of alcohol and controlled substances;

2-8 (e) Refrain from engaging in any criminal activity;

2-9 (f) Engage or refrain from engaging in any other conduct deemed

2-10 appropriate by the justice of the peace;

2-11 (g) Submit to a search and seizure by the chief of a department of

2-12 alternative sentencing, an assistant alternative sentencing officer or any

2-13 other law enforcement officer at any time of the day or night without a

2-14 search warrant; and

2-15 (h) Submit to periodic tests to determine whether the offender is using a

2-16 controlled substance or consuming alcohol.

2-17 2. If a person is convicted of a misdemeanor that constitutes domestic

2-18 violence pursuant to NRS 33.018, the justice of the peace may, after the

2-19 person has served any mandatory minimum period of confinement,

2-20 suspend the remainder of the sentence of the person for not more than 3

2-21 years upon the condition that the person actively participate in:

2-22 (a) A program of treatment for the abuse of alcohol or drugs which is

2-23 certified by the bureau of alcohol and drug abuse of the rehabilitation

2-24 division of the department of employment, training and rehabilitation;

2-25 (b) A program for the treatment of persons who commit domestic

2-26 violence that has been certified pursuant to NRS 228.470; or

2-27 (c) Both programs set forth in paragraphs (a) and (b),

2-28 and that he comply with any other condition of suspension ordered by the

2-29 justice of the peace.

2-30 3. The justice of the peace may order reports from a person whose

2-31 sentence is suspended at such times as he deems appropriate concerning

2-32 the compliance of the offender with the conditions of suspension. If the

2-33 offender complies with the conditions of suspension to the satisfaction of

2-34 the justice of the peace, the sentence may be reduced to not less than the

2-35 minimum period of confinement established for the offense.

2-36 4. The justice of the peace may issue a warrant for the arrest of an

2-37 offender who violates or fails to fulfill a condition of suspension.

2-38 5. Except as otherwise provided in this subsection, if a person whose

2-39 sentence is suspended violates or fails to fulfill a condition of the

2-40 suspension, the justice of the peace may revoke the suspension of the

2-41 sentence and cause all or part of the sentence to be executed. If the

3-1 person is ordered to serve only part of the sentence, the justice of the

3-2 peace may suspend the remainder of the sentence for not more than 1

3-3 year after the date on which the person violated or failed to fulfill the

3-4 condition of suspension.

3-5 Sec. 2. NRS 5.055 is hereby amended to read as follows:

3-6 5.055 1. Except as otherwise provided in subsection 2, by specific

4-1 3. The municipal judge may order reports from a person whose

4-2 sentence is suspended at such times as he deems appropriate concerning

4-3 the compliance of the offender with the conditions of suspension. If the

4-4 offender complies with the conditions of suspension to the satisfaction of

4-5 the municipal judge, the sentence may be reduced to not less than the

4-6 minimum period of confinement established for the offense.

4-7 4. The municipal judge may issue a warrant for the arrest of an

4-8 offender who violates or fails to fulfill a condition of suspension.

4-9 5. Except as otherwise provided in this subsection, if a person whose

4-10 sentence is suspended violates or fails to fulfill a condition of the

4-11 suspension, the municipal judge may revoke the suspension of the

4-12 sentence and cause all or part of the sentence to be executed. If the

4-13 person is ordered to serve only part of the sentence, the municipal judge

4-14 may suspend the remainder of the sentence for not more than 1 year

4-15 after the date on which the person violated or failed to fulfill the

4-16 condition of suspension.

4-17 Sec. 3. The amendatory provisions of this act do not apply to offenses

4-18 that were committed before October 1, 1999.