Assembly Bill No. 487–Assemblymen Gibbons, Segerblom,
Marvel, Cegavske, Beers, Von Tobel and Manendo

March 11, 1999

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Referred to Committee on Transportation

 

SUMMARY—Requires persons convicted of driving under influence of intoxicating liquor or controlled substance to display distinctive license plates on certain motor vehicles registered to them. (BDR 43-1049)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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).

 

AN ACT relating to motor vehicles; providing in skeleton form that persons convicted of driving under the influence of intoxicating liquor or a controlled substance must display distinctive license plates on certain motor vehicles registered to them; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 482 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. The department shall establish, design and prepare distinctive

1-4 license plates to be issued to a person whose license plates are

1-5 surrendered pursuant to section 2 of this act and shall establish all

1-6 necessary procedures for the application and issuance of such license

1-7 plates.

1-8 2. The distinctive license plates must have a background that is

1-9 striped in black and white and have the same code that is on the license

1-10 plates surrendered by the person.

1-11 3. The department shall charge a fee for the issuance of distinctive

1-12 license plates in an amount calculated to cover the cost incurred by the

1-13 department to produce and issue the distinctive license plates.

2-1 Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a

2-2 new section to read as follows:

2-3 1. In addition to any other penalty provided by law, a court shall

2-4 order a person who is convicted of a violation of NRS 484.379 or

2-5 484.3795 to surrender the license plates of his motor vehicle, if he owns a

2-6 motor vehicle that is registered in his name on the date of the violation. If

2-7 the person convicted owns more than one motor vehicle that is registered

2-8 in his name on the date of the violation, the court shall order the person

2-9 to surrender the license plates of the motor vehicle which the court

2-10 determines the person is most likely to use on a regular basis. The court

2-11 shall order that the license plates which are surrendered pursuant to this

2-12 subsection must not be returned to the convicted person for:

2-13 (a) At least 1 year if the person is convicted of a first offense of NRS

2-14 484.379 within 7 years;

2-15 (b) At least 3 years if the person is convicted of a second offense of

2-16 NRS 484.379 within 7 years;

2-17 (c) At least 7 years if the person is convicted of a third or subsequent

2-18 offense of NRS 484.379 within 7 years; or

2-19 (d) At least 7 years if the person is convicted of a violation of NRS

2-20 484.3795.

2-21 2. A person who surrenders his license plates pursuant to this section

2-22 may apply to the department for distinctive license plates pursuant to

2-23 section 1 of this act. The distinctive license plates may be used for the

2-24 period during which the license plates of the person are surrendered

2-25 pursuant to subsection 1. Upon the expiration of that period, the person

2-26 may exchange the distinctive license plates for the license plates

2-27 surrendered pursuant to this section.

2-28 3. If a person who is convicted of a violation of NRS 484.379 or

2-29 484.3795 does not own a motor vehicle that is registered in his name on

2-30 the date of the violation, the court shall enter an order providing that any

2-31 motor vehicle registered in the name of the person convicted during the

2-32 period that would otherwise be designated for the surrender of license

2-33 plates pursuant to subsection 1 must be issued distinctive license plates

2-34 pursuant to section 1 of this act. Upon the expiration of that period, the

2-35 person may exchange the distinctive license plates for ordinary license

2-36 plates.

2-37 4. The court shall forward to the department, not later than 5 days

2-38 after issuing an order pursuant to this section:

2-39 (a) Any license plates surrendered to the court; and

2-40 (b) A copy of the order.

2-41 5. A person shall not transfer the registration of his motor vehicle to

2-42 evade the provisions of this section.

3-1 6. As used in this section, unless the context otherwise requires,

3-2 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

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

3-4 intoxicating liquor or a controlled substance, or the violation of a law of

3-5 any other jurisdiction that prohibits the same or similar conduct.

3-6 Sec. 3. The amendatory provisions of this act do not apply to offenses

3-7 that were committed before October 1, 1999.

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