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:

1-15 months in jail, or to perform 96 hours of work for the community while

2-1 dressed in distinctive garb that identifies him as having violated the

2-2 provisions of NRS 484.379; and

2-3 (3) Fine him not less than $400 nor more than $1,000.

2-4 (b) For a second offense within 7 years, is guilty of a misdemeanor.

2-5 Unless the sentence is reduced pursuant to NRS 484.3794, the court:

2-6 (1) Shall sentence him to:

2-7 (I) Imprisonment for not less than 10 days nor more than 6 months

2-8 in jail; or

2-9 (II) Residential confinement for not less than 10 days nor more

2-10 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

2-11 or 5.0755 to 5.078, inclusive;

2-12 (2) Shall fine him not less than $750 nor more than $1,000;

2-13 (3) Shall order him to perform not less than 100 hours, but not more

2-14 than 200 hours, of work for the community while dressed in distinctive garb

2-15 that identifies him as having violated the provisions of NRS 484.379,

2-16 unless the court finds that extenuating circumstances exist; and

2-17 (4) May order him to attend a program of treatment for the abuse of

2-18 alcohol or drugs pursuant to the provisions of NRS 484.37945.

2-19 A person who willfully fails or refuses to complete successfully a term of

2-20 residential confinement or a program of treatment ordered pursuant to this

2-21 paragraph is guilty of a misdemeanor.

2-22 (c) For a third or subsequent offense within 7 years, is guilty of a

2-23 category B felony and shall be punished by imprisonment in the state prison

2-24 for a minimum term of not less than 1 year and a maximum term of not

2-25 more than 6 years, and shall be further punished by a fine of not less than

2-26 $2,000 nor more than $5,000. An offender so imprisoned must, insofar as

2-27 practicable, be segregated from offenders whose crimes were violent and,

2-28 insofar as practicable, be assigned to an institution or facility of minimum

2-29 security.

2-30 2. An offense that occurred within 7 years immediately preceding the

2-31 date of the principal offense or after the principal offense constitutes a prior

2-32 offense for the purposes of this section when evidenced by a conviction,

2-33 without regard to the sequence of the offenses and convictions. The facts

2-34 concerning a prior offense must be alleged in the complaint, indictment or

2-35 information, must not be read to the jury or proved at trial but must be

2-36 proved at the time of sentencing and, if the principal offense is alleged to

2-37 be a felony, must also be shown at the preliminary examination or

2-38 presented to the grand jury.

2-39 3. A person convicted of violating the provisions of NRS 484.379 must

2-40 not be released on probation, and a sentence imposed for violating those

2-41 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

2-42 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

2-43 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

3-1 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

3-2 guilty but mentally ill or nolo contendere to a lesser charge or for any other

3-3 reason unless he knows or it is obvious that the charge is not supported by

3-4 probable cause or cannot be proved at the time of trial.

3-5 4. A term of confinement imposed pursuant to the provisions of this

3-6 section may be served intermittently at the discretion of the judge or justice

3-7 of the peace, except that a person who is convicted of a second or

3-8 subsequent offense within 7 years must be confined for at least one segment

3-9 of not less than 48 consecutive hours. This discretion must be exercised

3-10 after considering all the circumstances surrounding the offense, and the

3-11 family and employment of the offender, but any sentence of 30 days or less

3-12 must be served within 6 months after the date of conviction or, if the

3-13 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

3-14 suspension of his sentence was revoked, within 6 months after the date of

3-15 revocation. Any time for which the offender is confined must consist of not

3-16 less than 24 consecutive hours.

3-17 5. Jail sentences simultaneously imposed pursuant to this section and

3-18 NRS 483.560 or 485.330 must run consecutively.

3-19 6. If the person who violated the provisions of NRS 484.379 possesses

3-20 a driver’s license issued by a state other than the State of Nevada and does

3-21 not reside in the State of Nevada, in carrying out the provisions of

3-22 subparagraph (1) of paragraph (a) [or (b)] of subsection 1, the court shall

3-23 [:] , if it does not order the person to attend a program of treatment for

3-24 the abuse of alcohol or drugs:

3-25 (a) Order the person to pay tuition for and submit evidence of

3-26 completion of an educational course on the abuse of alcohol and controlled

3-27 substances approved by a governmental agency of the state of his residence

3-28 within the time specified in the order; or

3-29 (b) Order him to complete an educational course by correspondence on

3-30 the abuse of alcohol and controlled substances approved by the department

3-31 within the time specified in the order, and the court shall notify the

3-32 department if the person fails to complete the assigned course within the

3-33 specified time.

3-34 7. If the defendant was transporting a person who is less than 15 years

3-35 of age in the motor vehicle at the time of the violation, the court shall

3-36 consider that fact as an aggravating factor in determining the sentence of

3-37 the defendant.

3-38 8. As used in this section, unless the context otherwise requires,

3-39 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

3-40 resulting from the driving of a vehicle while under the influence of

3-41 intoxicating liquor or a controlled substance, or the violation of a law of

3-42 any other jurisdiction that prohibits the same or similar conduct.

4-1 Sec. 2. NRS 484.37943 is hereby amended to read as follows:

4-2 484.37943 1. If a person is [found guilty] convicted of a first

4-42 the cost of the evaluation. An evaluation center or a person who conducts

5-1 an evaluation in this state outside an evaluation center shall not charge an

5-2 offender more than $100 for the evaluation.

5-3 Sec. 3. NRS 484.37945 is hereby amended to read as follows:

5-4 484.37945 1. When a program of treatment is ordered pursuant to

5-27 pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792.

5-28 Sec. 4. The amendatory provisions of this act do not apply to offenses

5-29 committed before October 1, 1999.

5-30 Sec. 5. 1. This section and sections 2, 3 and 4 of this act become

5-31 effective on October 1, 1999.

5-32 2. Section 1 of this act becomes effective at 12:01 a.m. on October 1,

5-33 1999.