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. Chapter 4 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Before a justice of the peace may revoke or modify the suspension

1-4 of a sentence of an offender pursuant to subsection 2, the justice of the

1-5 peace shall hold a hearing to determine whether the offender has

2-1 violated or failed to fulfill a condition of his suspended sentence. The

2-2 justice of the peace shall:

2-3 (a) Provide advance notice to the offender of the:

2-4 (1) Place and time of the hearing;

2-5 (2) Purpose of the hearing; and

2-6 (3) Alleged violation of the suspended sentence; and

2-7 (b) Allow the offender to:

2-8 (1) Appear and speak on his own behalf;

2-9 (2) Obtain counsel;

2-10 (3) Present any relevant letters or other documents and any person

2-11 who may provide relevant information; and

2-12 (4) Confront and question any person who appears against him

2-13 unless, in the opinion of the justice of the peace, the person would be

2-14 subjected to a risk of harm by disclosure of his identity.

2-15 2. Except as otherwise provided in this subsection, if a justice of the

2-16 peace determines pursuant to subsection 1 that an offender has violated

2-17 or failed to fulfill a condition of his suspended sentence, the justice of the

2-18 peace may revoke the suspension of the sentence and cause all or part of

2-19 the sentence to be executed. If the offender is ordered to serve only part

2-20 of the sentence, the justice of the peace may suspend the remainder of

2-21 the sentence for not more than 1 year after the date on which the

2-22 offender violated or failed to fulfill the condition of suspension.

2-23 Sec. 2. NRS 4.373 is hereby amended to read as follows:

2-24 4.373 1. Except as otherwise provided in subsection 2 [,] or section 1

2-43 search warrant; and

3-1 (h) Submit to periodic tests to determine whether the offender is using a

3-2 controlled substance or consuming alcohol.

3-3 2. If a person is convicted of a misdemeanor that constitutes domestic

3-4 violence pursuant to NRS 33.018, the justice of the peace may, after the

3-5 person has served any mandatory minimum period of confinement, suspend

3-6 the remainder of the sentence of the person for not more than 3 years upon

3-7 the condition that the person actively participate in:

3-8 (a) A program of treatment for the abuse of alcohol or drugs which is

3-9 certified by the bureau of alcohol and drug abuse of the rehabilitation

3-10 division of the department of employment, training and rehabilitation;

3-11 (b) A program for the treatment of persons who commit domestic

3-12 violence that has been certified pursuant to NRS 228.470; or

3-13 (c) Both programs set forth in paragraphs (a) and (b),

3-14 and that he comply with any other condition of suspension ordered by the

3-15 justice of the peace.

3-16 3. The justice of the peace may order reports from a person whose

3-17 sentence is suspended at such times as he deems appropriate concerning the

3-18 compliance of the offender with the conditions of suspension. If the

3-19 offender complies with the conditions of suspension to the satisfaction of

3-20 the justice of the peace, the sentence may be reduced to not less than the

3-21 minimum period of confinement established for the offense.

3-22 4. The justice of the peace may issue a warrant for the arrest of an

3-23 offender who violates or fails to fulfill a condition of suspension.

3-24 Sec. 3. Chapter 5 of NRS is hereby amended by adding thereto a new

3-25 section to read as follows:

3-26 1. Before a municipal judge may revoke or modify the suspension of

3-27 a sentence of an offender pursuant to subsection 2, the municipal judge

3-28 shall hold a hearing to determine whether the offender has violated or

3-29 failed to fulfill a condition of his suspended sentence. The municipal

3-30 judge shall:

3-31 (a) Provide advance notice to the offender of the:

3-32 (1) Place and time of the hearing;

3-33 (2) Purpose of the hearing; and

3-34 (3) Alleged violation of the suspended sentence; and

3-35 (b) Allow the offender to:

3-36 (1) Appear and speak on his own behalf;

3-37 (2) Obtain counsel;

3-38 (3) Present any relevant letters or other documents and any person

3-39 who may provide relevant information; and

3-40 (4) Confront and question any person who appears against him

3-41 unless, in the opinion of the municipal judge, the person would be

3-42 subjected to a risk of harm by disclosure of his identity.

4-1 2. Except as otherwise provided in this subsection, if a municipal

4-2 judge determines pursuant to subsection 1 that an offender has violated

4-3 or failed to fulfill a condition of his suspended sentence, the municipal

4-4 judge may revoke the suspension of the sentence and cause all or part of

4-5 the sentence to be executed. If the offender is ordered to serve only part

4-6 of the sentence, the municipal judge may suspend the remainder of the

4-7 sentence for not more than 1 year after the date on which the offender

4-8 violated or failed to fulfill the condition of suspension.

4-9 Sec. 4. NRS 5.055 is hereby amended to read as follows:

4-10 5.055 1. Except as otherwise provided in subsection [2,] 2 or section

5-1 (c) Both programs set forth in paragraphs (a) and (b),

5-2 and that he comply with any other condition of suspension ordered by the

5-3 municipal judge.

5-4 3. The municipal judge may order reports from a person whose

5-5 sentence is suspended at such times as he deems appropriate concerning the

5-6 compliance of the offender with the conditions of suspension. If the

5-7 offender complies with the conditions of suspension to the satisfaction of

5-8 the municipal judge, the sentence may be reduced to not less than the

5-9 minimum period of confinement established for the offense.

5-10 4. The municipal judge may issue a warrant for the arrest of an

5-11 offender who violates or fails to fulfill a condition of suspension.

5-12 Sec. 5. The amendatory provisions of this act do not apply to offenses

5-13 that were committed before October 1, 1999.