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:

1-12 sentence him to imprisonment for not less than 2 days nor more than 6

2-1 months in jail, or to perform 96 hours of work for the community while

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

2-3 provisions of NRS 484.379; and

2-4 (3) Fine him not less than $200 nor more than $1,000.

2-5 (b) For a second offense within 7 years, is guilty of a misdemeanor.

2-6 Unless the sentence is reduced pursuant to NRS 484.3794, the court [:

2-7 (1) Shall sentence] shall:

2-8 (1) Sentence him to:

2-9 (I) Imprisonment for not less than 10 days nor more than 6 months

2-10 in jail; or

2-11 (II) Residential confinement for not less than 10 days nor more

2-12 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

2-13 or 5.0755 to 5.078, inclusive;

2-14 (2) [Shall fine] Fine him not less than $500 nor more than $1,000;

2-15 (3) [Shall order] Order him to perform not less than 100 hours, but

2-16 not more than 200 hours, of work for the community while dressed in

2-17 distinctive garb that identifies him as having violated the provisions of

2-18 NRS 484.379, unless the court finds that extenuating circumstances exist;

2-19 and

2-20 (4) [May order] Order him to attend a program of treatment for the

2-21 abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

2-22 A person who willfully fails or refuses to complete successfully a term of

2-23 residential confinement or a program of treatment ordered pursuant to this

2-24 paragraph is guilty of a misdemeanor.

2-25 (c) For a third or subsequent offense within 7 years, is guilty of a

2-26 category B felony and shall be punished by imprisonment in the state

2-27 prison for a minimum term of not less than 1 year and a maximum term of

2-28 not more than 6 years, and shall be further punished by a fine of not less

2-29 than $2,000 nor more than $5,000. An offender so imprisoned must,

2-30 insofar as practicable, be segregated from offenders whose crimes were

2-31 violent and, insofar as practicable, be assigned to an institution or facility

2-32 of minimum security.

2-33 2. An offense that occurred within 7 years immediately preceding the

2-34 date of the principal offense or after the principal offense constitutes a

2-35 prior offense for the purposes of this section when evidenced by a

2-36 conviction, without regard to the sequence of the offenses and convictions.

2-37 The facts concerning a prior offense must be alleged in the complaint,

2-38 indictment or information, must not be read to the jury or proved at trial

2-39 but must be proved at the time of sentencing and, if the principal offense is

2-40 alleged to be a felony, must also be shown at the preliminary examination

2-41 or presented to the grand jury.

2-42 3. A person convicted of violating the provisions of NRS 484.379

2-43 must not be released on probation, and a sentence imposed for violating

3-1 those provisions must not be suspended except, as provided in NRS 4.373,

3-2 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

3-3 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

3-4 a charge of violating the provisions of NRS 484.379 in exchange for a plea

3-5 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

3-6 any other reason unless he knows or it is obvious that the charge is not

3-7 supported by probable cause or cannot be proved at the time of trial.

3-8 4. A term of confinement imposed pursuant to the provisions of this

3-9 section may be served intermittently at the discretion of the judge or justice

3-10 of the peace, except that a person who is convicted of a second or

3-11 subsequent offense within 7 years must be confined for at least one

3-12 segment of not less than 48 consecutive hours. This discretion must be

3-13 exercised after considering all the circumstances surrounding the offense,

3-14 and the family and employment of the offender, but any sentence of 30

3-15 days or less must be served within 6 months after the date of conviction or,

3-16 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

3-17 the suspension of his sentence was revoked, within 6 months after the date

3-18 of revocation. Any time for which the offender is confined must consist of

3-19 not less than 24 consecutive hours.

3-20 5. Jail sentences simultaneously imposed pursuant to this section and

3-21 NRS 483.560 or 485.330 must run consecutively.

3-22 6. If the person who violated the provisions of NRS 484.379 possesses

3-23 a driver’s license issued by a state other than the State of Nevada and does

3-24 not reside in the State of Nevada, in carrying out the provisions of

3-25 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

3-26 (a) Order the person to pay tuition for and submit evidence of

3-27 completion of an educational course on the abuse of alcohol and controlled

3-28 substances approved by a governmental agency of the state of his residence

3-29 within the time specified in the order; or

3-30 (b) Order him to complete an educational course by correspondence on

3-31 the abuse of alcohol and controlled substances approved by the department

3-32 within the time specified in the order,

3-33 and the court shall notify the department if the person fails to complete the

3-34 assigned course within the specified time.

3-35 7. If the defendant was transporting a person who is less than 15 years

3-36 of age in the motor vehicle at the time of the violation, the court shall

3-37 consider that fact as an aggravating factor in determining the sentence of

3-38 the defendant.

3-39 8. As used in this section, unless the context otherwise requires,

3-40 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

3-41 resulting from the driving of a vehicle while under the influence of

3-42 intoxicating liquor or a controlled substance, or the violation of a law of

3-43 any other jurisdiction that prohibits the same or similar conduct.

4-1 Sec. 2. NRS 484.37945 is hereby amended to read as follows:

4-2 484.37945 1. [When a program of treatment is ordered pursuant to

4-27 pursuant to paragraph (b) of subsection 1 of NRS 484.3792.

4-28 Sec. 3. The amendatory provisions of this act do not apply to offenses

4-29 that were committed before October 1, 1999.