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:

1-17 provisions of NRS 484.379; and

2-1 (3) Fine him not less than $200 nor more than $1,000.

2-2 (b) For a second offense within 7 years, is guilty of a misdemeanor.

2-3 Unless the sentence is reduced pursuant to NRS 484.3794, the court:

2-4 (1) Shall sentence him to:

2-5 (I) Imprisonment for not less than 10 days nor more than 6 months

2-6 in jail; or

2-7 (II) Residential confinement for not less than 10 days nor more

2-8 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

2-9 or 5.0755 to 5.078, inclusive;

2-10 (2) Shall fine him not less than $500 nor more than $1,000;

2-11 (3) Shall order him to perform not less than 100 hours, but not more

2-12 than 200 hours, of work for the community while dressed in distinctive

2-13 garb that identifies him as having violated the provisions of NRS 484.379,

2-14 unless the court finds that extenuating circumstances exist; and

2-15 (4) May order him to attend a program of treatment for the abuse of

2-16 alcohol or drugs pursuant to the provisions of NRS 484.37945.

2-17 A person who willfully fails or refuses to complete successfully a term of

2-18 residential confinement or a program of treatment ordered pursuant to this

2-19 paragraph is guilty of a misdemeanor.

2-20 (c) For a third or subsequent offense within 7 years, is guilty of a

2-21 category B felony and shall be punished by imprisonment in the state

2-22 prison for a minimum term of not less than 1 year and a maximum term of

2-23 not more than 6 years, and shall be further punished by a fine of not less

2-24 than $2,000 nor more than $5,000. An offender so imprisoned must,

2-25 insofar as practicable, be segregated from offenders whose crimes were

2-26 violent and, insofar as practicable, be assigned to an institution or facility

2-27 of minimum security.

2-28 2. An offense that occurred within 7 years immediately preceding the

2-29 date of the principal offense or after the principal offense constitutes a

2-30 prior offense for the purposes of this section when evidenced by a

2-31 conviction, without regard to the sequence of the offenses and convictions.

2-32 The facts concerning a prior offense must be alleged in the complaint,

2-33 indictment or information, must not be read to the jury or proved at trial

2-34 but must be proved at the time of sentencing and, if the principal offense is

2-35 alleged to be a felony, must also be shown at the preliminary examination

2-36 or presented to the grand jury.

2-37 3. A person convicted of violating the provisions of NRS 484.379

2-38 must not be released on probation, and a sentence imposed for violating

2-39 those provisions must not be suspended except, as provided in NRS 4.373,

2-40 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

2-41 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

2-42 a charge of violating the provisions of NRS 484.379 in exchange for a plea

2-43 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

3-1 any other reason unless he knows or it is obvious that the charge is not

3-2 supported by probable cause or cannot be proved at the time of trial.

3-3 4. A term of confinement imposed pursuant to the provisions of this

3-4 section may be served intermittently at the discretion of the judge or justice

3-5 of the peace, except that a person who is convicted of a second or

3-6 subsequent offense within 7 years must be confined for at least one

3-7 segment of not less than 48 consecutive hours. This discretion must be

3-8 exercised after considering all the circumstances surrounding the offense,

3-9 and the family and employment of the offender, but any sentence of 30

3-10 days or less must be served within 6 months after the date of conviction or,

3-11 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

3-12 the suspension of his sentence was revoked, within 6 months after the date

3-13 of revocation. Any time for which the offender is confined must consist of

3-14 not less than 24 consecutive hours.

3-15 5. Jail sentences simultaneously imposed pursuant to this section and

3-16 NRS 483.560 or 485.330 must run consecutively.

3-17 6. If the person who violated the provisions of NRS 484.379 possesses

3-18 a driver’s license issued by a state other than the State of Nevada and does

3-19 not reside in the State of Nevada, in carrying out the provisions of

3-20 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall [:

3-21 (a) Order] order the person to pay tuition for and submit evidence of

3-22 completion of an educational course on the abuse of alcohol and controlled

3-23 substances approved by a governmental agency of the state of his residence

3-24 within the time specified in the order , [; or

3-25 (b) Order him to complete an educational course by correspondence on

3-26 the abuse of alcohol and controlled substances approved by the department

3-27 within the time specified in the order,] and the court shall notify the

3-28 department if the person fails to complete the assigned course within the

3-29 specified time.

3-30 7. If the defendant was transporting a person who is less than 15 years

3-31 of age in the motor vehicle at the time of the violation, the court shall

3-32 consider that fact as an aggravating factor in determining the sentence of

3-33 the defendant.

3-34 8. As used in this section, unless the context otherwise requires,

3-35 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

3-36 resulting from the driving of a vehicle while under the influence of

3-37 intoxicating liquor or a controlled substance, or the violation of a law of

3-38 any other jurisdiction that prohibits the same or similar conduct.

3-39 Sec. 2. NRS 484.37943 is hereby amended to read as follows:

3-40 484.37943 1. If a person is [found guilty] convicted of a first

3-43 years or a second violation of NRS 484.379 within 7 years, the court shall,

4-1 before sentencing the offender, require an evaluation of the offender

4-2 pursuant to subsection [3, 4 or 5] 2, 3 or 4 to determine whether he is an

4-3 abuser of alcohol or other drugs.

4-4 2. [If a person is convicted of a first violation of NRS 484.379 and he

4-5 is under 21 years of age at the time of the violation, the court shall, before

4-6 sentencing the offender, require an evaluation of the offender pursuant to

4-7 subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or

4-8 other drugs.

4-9 3.] Except as otherwise provided in subsection [4 or 5,] 3 or 4, the

4-10 evaluation of an offender pursuant to this section must be conducted at an

4-11 evaluation center by:

4-12 (a) A counselor certified to make that evaluation by the bureau of

4-13 alcohol and drug abuse of the rehabilitation division of the department of

4-14 employment, training and rehabilitation;

4-15 (b) A physician certified to make that evaluation by the board of

4-16 medical examiners; or

4-17 (c) A person who is approved to make that evaluation by the bureau of

4-18 alcohol and drug abuse of the rehabilitation division of the department of

4-19 employment, training and rehabilitation,

4-20 who shall report to the court the results of the evaluation and make a

4-21 recommendation to the court concerning the length and type of treatment

4-22 required for the offender.

4-23 [4.] 3. The evaluation of an offender who resides more than 30 miles

4-24 from an evaluation center may be conducted outside an evaluation center

4-25 by a person who has the qualifications set forth in subsection [3.] 2. The

4-26 person who conducts the evaluation shall report to the court the results of

4-27 the evaluation and make a recommendation to the court concerning the

4-28 length and type of treatment required for the offender.

4-29 [5.] 4. The evaluation of an offender who resides in another state may,

4-30 upon approval of the court, be conducted in the state where the offender

4-31 resides by a physician or other person who is authorized by the appropriate

4-32 governmental agency in that state to conduct such an evaluation. The

4-33 offender shall ensure that the results of the evaluation and the

4-34 recommendation concerning the length and type of treatment for the

4-35 offender are reported to the court.

4-36 [6.] 5. An offender who is evaluated pursuant to this section shall pay

4-37 the cost of the evaluation. An evaluation center or a person who conducts

4-38 an evaluation in this state outside an evaluation center shall not charge an

4-39 offender more than $100 for the evaluation.

4-40 Sec. 3. NRS 484.37945 is hereby amended to read as follows:

4-41 484.37945 1. When a program of treatment is ordered pursuant to

4-43 the offender under the clinical supervision of a treatment facility for

5-1 treatment for not less than 30 days nor more than 6 months, in accordance

5-2 with the report submitted to the court pursuant to subsection [3, 4 or 5] 2, 3

5-3 or 4 of NRS 484.37943. The court may:

5-4 (a) Order the offender confined in a treatment facility, then release the

5-5 offender for supervised aftercare in the community; or

5-6 (b) Release the offender for treatment in the community,

5-7 for the period of supervision ordered by the court.

5-8 2. The court shall:

5-9 (a) Require the treatment facility to submit monthly progress reports on

5-10 the treatment of an offender pursuant to this section; and

5-11 (b) Order the offender, to the extent of his financial resources, to pay

5-12 any charges for his treatment pursuant to this section. If the offender does

5-13 not have the financial resources to pay all [of] those charges, the court

5-14 shall, to the extent possible, arrange for the offender to obtain his treatment

5-15 from a treatment facility that receives a sufficient amount of federal or

5-16 state money to offset the remainder of the charges.

5-17 3. A treatment facility is not liable for any damages to person or

5-18 property caused by a person who drives while under the influence of

5-19 intoxicating liquor or a controlled substance after the treatment facility has

5-20 certified to his successful completion of a program of treatment ordered

5-21 pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792.

5-22 Sec. 4. The amendatory provisions of this act do not apply to offenses

5-23 committed before October 1, 1999.