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 482 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. The department shall, upon receiving an order from a

1-4 court to suspend the registration of each motor vehicle that is registered

1-5 to or owned by a person pursuant to subsection 3 or 4 of section 7 of this

1-6 act, suspend the registration of each such motor vehicle for 1 year and

1-7 require the return to the department of the license plates of each such

1-8 motor vehicle.

1-9 2. If the registration of a motor vehicle of a person is suspended

1-10 pursuant to this section, he shall immediately return the certificate of

1-11 registration and the license plates to the department.

1-12 3. The period of suspension of the registration of a motor vehicle

1-13 that is suspended pursuant to this section begins on the effective date of

1-14 the suspension as set forth in the notice thereof.

2-1 4. The department shall reinstate the registration of a motor vehicle

2-2 that was suspended pursuant to this section and reissue the license plates

2-3 of the motor vehicle only upon the payment of the fee for reinstatement

2-4 of registration prescribed in subsection 9 of NRS 482.480.

2-5 Sec. 3. 1. A person who has had the registration of his motor

2-6 vehicle suspended pursuant to section 2 of this act and who drives the

2-7 motor vehicle for which the registration has been suspended on a

2-8 highway is guilty of a misdemeanor and shall be:

2-9 (a) Punished by imprisonment in the county jail for not less than 30

2-10 days nor more than 6 months; or

2-11 (b) Sentenced to a term of not less than 60 days not more than 6

2-12 months in residential confinement, and by a fine of not less than $500

2-13 and not more than $1,000.

2-14 A person who is punished pursuant to this subsection may not be granted

2-15 probation and a sentence imposed for such a violation may not be

2-16 suspended. A prosecutor may not dismiss a charge of such a violation in

2-17 exchange for a plea of guilty, guilty but mentally ill or nolo contendere to

2-18 a lesser charge or for any other reason, unless in his judgment the

2-19 charge is not supported by probable cause or cannot be proved at trial.

2-20 The provisions of this subsection do not apply if the period of suspension

2-21 has expired but the person has not reinstated his registration.

2-22 2. A person who has had the registration of his motor vehicle

2-23 suspended pursuant to section 2 of this act and who knowingly allows the

2-24 motor vehicle for which the registration has been suspended to be

2-25 operated by another person upon a highway is guilty of a misdemeanor.

2-26 3. A person who willfully fails to return a certificate of registration

2-27 or the license plates as required pursuant to section 2 of this act is guilty

2-28 of a misdemeanor.

2-29 4. A term of imprisonment imposed pursuant to the provisions of this

2-30 section may be served intermittently at the discretion of the judge or

2-31 justice of the peace, except that the full term of imprisonment must be

2-32 served within 6 months after the date of conviction, and any segment of

2-33 time the person is imprisoned must not consist of less than 24 hours. This

2-34 discretion must be exercised after considering all the circumstances

2-35 surrounding the offense, and the family and employment of the person

2-36 convicted.

2-37 5. Jail sentences simultaneously imposed pursuant to this section and

2-38 NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

2-39 Sec. 4. NRS 482.480 is hereby amended to read as follows:

2-40 482.480 There must be paid to the department for the registration or

2-42 and semitrailers, fees according to the following schedule:

3-1 1. Except as otherwise provided in this section, for each stock

3-2 passenger car and each reconstructed or specially constructed passenger

3-3 car registered to a person, regardless of weight or number of passenger

3-4 capacity, a fee for registration of $33.

3-5 2. Except as otherwise provided in subsection 3:

3-6 (a) For each of the fifth and sixth such cars registered to a person for

3-7 which special license plates have been issued pursuant to NRS 482.380,

3-8 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.

3-9 (b) For each of the seventh and eighth such cars registered to a person

3-10 for which special license plates have been issued pursuant to NRS 482.380,

3-11 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.

3-12 (c) For each of the ninth or more such cars registered to a person for

3-13 which special license plates have been issued pursuant to NRS 482.380,

3-14 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.

3-15 3. The fees specified in subsection 2 do not apply:

3-16 (a) Unless the person registering the cars presents to the department at

3-17 the time of registration the registrations of all of the cars registered to him.

3-18 (b) To cars that are part of a fleet.

3-19 4. For every motorcycle, a fee for registration of $33 and for each

3-20 motorcycle other than a trimobile, an additional fee of $6 for motorcycle

3-21 safety. The additional fee must be deposited in the state highway fund for

3-22 credit to the account for the program for the education of motorcycle

3-23 riders.

3-24 5. For each transfer of registration, a fee of $6 in addition to any other

3-25 fees.

3-26 6. To reinstate the registration of a motor vehicle suspended pursuant

3-27 to NRS 485.317:

3-28 (a) A fee of $250 for a registered owner who failed to have insurance

3-29 on the date specified in the form for verification that was mailed by the

3-30 department pursuant to subsection 2 of NRS 485.317; or

3-31 (b) A fee of $50 for a registered owner of a dormant vehicle who

3-32 canceled the insurance coverage for that vehicle or allowed the insurance

3-33 coverage for that vehicle to expire without first canceling the registration

3-34 for the vehicle in accordance with subsection 3 of NRS 485.320,

3-35 both of which must be deposited in the account for verification of

3-36 insurance which is hereby created in the state highway fund. Money in the

3-37 account must be used to carry out the provisions of NRS 485.313 to

3-38 485.318, inclusive.

3-39 7. For every travel trailer, a fee for registration of $27.

3-40 8. For every permit for the operation of a golf cart, an annual fee of

3-41 $10.

3-42 9. To reinstate the registration of a motor vehicle that is suspended

3-43 pursuant to section 2 of this act, a fee of $65.

4-1 Sec. 5. NRS 483.460 is hereby amended to read as follows:

4-2 483.460 1. Except as otherwise provided by statute, the department

4-43 484.379 has been permitted to enter a program of treatment pursuant to

5-1 NRS 484.37937 , [or 484.3794,] the department shall reduce by one-half

5-2 the period during which he is not eligible for a license, permit or privilege

5-3 to drive, but shall restore that reduction in time if notified that he was not

5-4 accepted for or failed to complete the treatment.

5-5 4. The department shall revoke the license, permit or privilege to drive

5-6 of a person who is required to install a device pursuant to NRS 484.3943

5-7 or section 7 of this act but who operates a motor vehicle without such a

5-8 device:

5-9 (a) For 3 years, if it is his first such offense during the period of

5-10 required use of the device.

5-11 (b) For 5 years, if it is his second such offense during the period of

5-12 required use of the device.

5-13 5. A driver whose license, permit or privilege is revoked pursuant to

5-14 subsection 4 is not eligible for a restricted license during the period set

5-15 forth in paragraph (a) or (b) of that subsection, whichever [is applicable.]

5-16 applies.

5-17 6. When the department is notified that a court has:

5-18 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

5-19 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

5-20 issuance of a child’s license;

5-21 (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

5-22 issuance of a person’s license; or

5-23 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

5-24 the department shall take such actions as are necessary to carry out the

5-25 court’s order.

5-26 7. As used in this section, "device" has the meaning ascribed to it in

5-27 NRS 484.3941.

5-28 Sec. 6. NRS 483.490 is hereby amended to read as follows:

5-29 483.490 1. Except as otherwise provided in this section, after a

5-41 sufficient documentary evidence to satisfy the department that a severe

6-1 hardship exists because the applicant has no alternative means of

6-2 transportation and that the severe hardship outweighs the risk to the public

6-3 if he is issued a restricted license.

6-4 2. A person who has been ordered to install a device in a motor vehicle

6-5 [which he owns or operates] pursuant to NRS 484.3943 [:] or section 7 of

6-6 this act:

6-7 (a) Shall install the device not later than 21 days after the date on which

6-8 the order was issued [;] if the order was issued pursuant to NRS 484.3943

6-9 or if the order was issued pursuant to section 7 of this act within the time

6-10 ordered by the court; and

6-11 (b) May not receive a restricted license pursuant to this section until:

6-12 (1) After at least [180 days] 1 year of the period during which he is

6-13 not eligible for a license, if he was convicted of [a violation of subsection 2

6-14 of NRS 484.377,] a violation of NRS 484.3795 or homicide resulting from

6-15 driving a vehicle while under the influence of intoxicating liquor or a

6-16 controlled substance or if he was convicted of a third violation within 7

6-17 years of NRS 484.379;

6-18 (2) After at least [90] 180 days of the period during which he is not

6-19 eligible for a license, if he was convicted of [a second violation within 7

6-20 years of NRS 484.379;] a violation of subsection 2 of NRS 484.377; or

6-21 (3) After at least 45 days of the period during which he is not eligible

6-22 for a license, if he was convicted of a first violation within 7 years of NRS

6-23 484.379.

6-24 3. If the department has received a copy of an order requiring a person

6-25 to install a device in a motor vehicle [which he owns or operates] pursuant

6-26 to NRS 484.3943 [,] or section 7 of this act, the department shall not issue

6-27 a restricted driver’s license to such a person pursuant to this section unless

6-28 the applicant has submitted proof of compliance with the order and

6-29 subsection 2.

6-30 4. After a driver’s license has been revoked pursuant to subsection 1 of

6-31 NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

6-32 NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

6-33 issue a restricted driver’s license to an applicant permitting the applicant to

6-34 drive a motor vehicle:

6-35 (a) If applicable, to and from work or in the course of his work, or both;

6-36 and

6-37 (b) If applicable, to and from school.

6-38 5. After a driver’s license has been suspended pursuant to NRS

6-39 483.443, the department may issue a restricted driver’s license to an

6-40 applicant permitting the applicant to drive a motor vehicle:

6-41 (a) If applicable, to and from work or in the course of his work, or both;

6-42 (b) To receive regularly scheduled medical care for himself or a

6-43 member of his immediate family; and

7-1 (c) If applicable, as necessary to exercise a court-ordered right to visit a

7-2 child.

7-3 6. A driver who violates a condition of a restricted license issued

7-4 pursuant to subsection 1 or by another jurisdiction is guilty of a

7-5 misdemeanor, and if his license was suspended or revoked for a violation

7-6 of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a

7-7 vehicle while under the influence of intoxicating liquor or a controlled

7-8 substance, or the violation of a law of any other jurisdiction which

7-9 prohibits the same conduct, he shall be punished in the manner provided

7-10 pursuant to subsection 2 of NRS 483.560.

7-11 7. The periods of suspensions and revocations required pursuant to this

7-12 chapter and NRS 484.384 must run consecutively, except as otherwise

7-13 provided in NRS 483.465 and 483.475, when the suspensions must run

7-14 concurrently.

7-15 8. Whenever the department suspends or revokes a license, the period

7-16 of suspension, or of ineligibility for a license after the revocation, begins

7-17 upon the effective date of the revocation or suspension as contained in the

7-18 notice thereof.

7-19 Sec. 7. Chapter 484 of NRS is hereby amended by adding thereto a

7-20 new section to read as follows:

7-21 1. Except as otherwise provided in subsection 4 of NRS 484.3943, if

7-22 a person is convicted of a first violation of NRS 484.379 within 7 years,

7-23 the court may order the person to install at his own expense a device in

7-24 any motor vehicle which he owns or operates for not less than 3 months

7-25 nor more than 6 months as a condition to obtaining a restricted license

7-26 pursuant to subsection 3 of NRS 483.490.

7-27 2. Except as otherwise provided in subsection 4 of NRS 484.3943, if

7-28 a person is convicted of a first violation of NRS 484.3795 within 7 years,

7-29 the court may order the person to install at his own expense a device in

7-30 any motor vehicle which he owns or operates for not less than 12 months

7-31 nor more than 3 years as a condition to obtaining a restricted license

7-32 pursuant to subsection 3 of NRS 483.490.

7-33 3. If a person is convicted of a second violation of NRS 484.379 or

7-34 484.3795 within 7 years, the court shall:

7-35 (a) Issue an order directing the department to suspend the registration

7-36 of each motor vehicle that is registered to or owned by the person for 1

7-37 year;

7-38 (b) Order the person to install at his own expense a device in each

7-39 motor vehicle that is registered to or owned by the person for not less

7-40 than 6 months nor more than 1 year after the period during which the

7-41 person is not eligible for a license, permit or privilege to drive pursuant to

7-42 NRS 483.460 and 483.490; or

7-43 (c) Take both actions set forth in paragraphs (a) and (b).

8-1 4. If a person is convicted of a third or subsequent violation of NRS

8-2 484.379 or 484.3795 within 7 years, the court shall:

8-3 (a) Issue an order directing the department to suspend the registration

8-4 of each motor vehicle that is registered to or owned by the person for 1

8-5 year;

8-6 (b) Order the person to install at his own expense a device in each

8-7 motor vehicle that is registered to or owned by the person for not less

8-8 than 6 months nor more than 3 years after the period during which the

8-9 person is not eligible for a license, permit or privilege to drive pursuant to

8-10 NRS 483.460 and 483.490; or

8-11 (c) Take both actions set forth in paragraphs (a) and (b).

8-12 5. If a court issues an order directing the department to suspend the

8-13 registration of a motor vehicle pursuant to subsection 3 or 4, the court

8-14 shall forward a copy of the order to the department within 5 days after

8-15 issuing the order. The order must include, without limitation,

8-16 information concerning each motor vehicle that is registered to or owned

8-17 by the person, including, without limitation, the registration number of

8-18 the motor vehicle, if such information is available.

8-19 6. A court may provide for limited exceptions to the provisions of

8-20 subsections 3 and 4 concerning the suspension of the registration of the

8-21 motor vehicles of a person on an individual basis to avoid undue

8-22 hardship to a person other than the person to whom those provisions

8-23 apply.

8-24 7. As used in this section, "device" has the meaning ascribed to it in

8-25 NRS 484.3941.

8-26 Sec. 8. NRS 484.3792 is hereby amended to read as follows:

8-27 484.3792 1. A person who violates the provisions of NRS 484.379:

8-43 Unless the sentence is reduced pursuant to NRS 484.3794, the court:

9-1 (1) Shall sentence him to:

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

9-3 in jail; or

9-4 (II) Residential confinement for not less than 10 days nor more

9-5 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

9-6 or 5.0755 to 5.078, inclusive;

9-7 (2) Shall fine him not less than $500 nor more than $1,000;

9-8 (3) Shall order him to perform not less than 100 hours, but not more

9-9 than 200 hours, of work for the community while dressed in distinctive

9-10 garb that identifies him as having violated the provisions of NRS 484.379,

9-11 unless the court finds that extenuating circumstances exist; and

9-12 (4) May order him to attend a program of treatment for the abuse of

9-13 alcohol or drugs pursuant to the provisions of NRS 484.37945.

9-14 A person who willfully fails or refuses to complete successfully a term of

9-15 residential confinement or a program of treatment ordered pursuant to this

9-16 paragraph is guilty of a misdemeanor.

9-17 (c) For a third or subsequent offense within 7 years, is guilty of a

9-18 category B felony and shall be punished by imprisonment in the state

9-19 prison for a minimum term of not less than 1 year and a maximum term of

9-20 not more than 6 years, and shall be further punished by a fine of not less

9-21 than $2,000 nor more than $5,000. An offender so imprisoned must,

9-22 insofar as practicable, be segregated from offenders whose crimes were

9-23 violent and, insofar as practicable, be assigned to an institution or facility

9-24 of minimum security.

9-25 2. An offense that occurred within 7 years immediately preceding the

9-26 date of the principal offense or after the principal offense constitutes a

9-27 prior offense for the purposes of this section when evidenced by a

9-28 conviction, without regard to the sequence of the offenses and convictions.

9-29 The facts concerning a prior offense must be alleged in the complaint,

9-30 indictment or information, must not be read to the jury or proved at trial

9-31 but must be proved at the time of sentencing and, if the principal offense is

9-32 alleged to be a felony, must also be shown at the preliminary examination

9-33 or presented to the grand jury.

9-34 3. A person convicted of violating the provisions of NRS 484.379

9-35 must not be released on probation, and a sentence imposed for violating

9-36 those provisions must not be suspended except, as provided in NRS 4.373,

9-37 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

9-38 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

9-39 a charge of violating the provisions of NRS 484.379 in exchange for a plea

9-40 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

9-41 any other reason unless he knows or it is obvious that the charge is not

9-42 supported by probable cause or cannot be proved at the time of trial.

10-1 4. A term of confinement imposed pursuant to the provisions of this

10-2 section may be served intermittently at the discretion of the judge or justice

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

10-4 subsequent offense within 7 years must be confined for at least one

10-5 segment of not less than 48 consecutive hours. This discretion must be

10-6 exercised after considering all the circumstances surrounding the offense,

10-7 and the family and employment of the offender, but any sentence of 30

10-8 days or less must be served within 6 months after the date of conviction or,

10-9 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

10-10 the suspension of his sentence was revoked, within 6 months after the date

10-11 of revocation. Any time for which the offender is confined must consist of

10-12 not less than 24 consecutive hours.

10-13 5. Jail sentences simultaneously imposed pursuant to this section and

10-14 NRS 483.560 or 485.330 or section 3 of this act must run consecutively.

10-15 6. If the person who violated the provisions of NRS 484.379 possesses

10-16 a driver’s license issued by a state other than the State of Nevada and does

10-17 not reside in the State of Nevada, in carrying out the provisions of

10-18 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

10-19 (a) Order the person to pay tuition for and submit evidence of

10-20 completion of an educational course on the abuse of alcohol and controlled

10-21 substances approved by a governmental agency of the state of his residence

10-22 within the time specified in the order; or

10-23 (b) Order him to complete an educational course by correspondence on

10-24 the abuse of alcohol and controlled substances approved by the department

10-25 within the time specified in the order,

10-26 and the court shall notify the department if the person fails to complete the

10-27 assigned course within the specified time.

10-28 7. If the defendant was transporting a person who is less than 15 years

10-29 of age in the motor vehicle at the time of the violation, the court shall

10-30 consider that fact as an aggravating factor in determining the sentence of

10-31 the defendant.

10-32 8. As used in this section, unless the context otherwise requires,

10-33 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

10-34 resulting from the driving of a vehicle while under the influence of

10-35 intoxicating liquor or a controlled substance, or the violation of a law of

10-36 any other jurisdiction that prohibits the same or similar conduct.

10-37 Sec. 9. NRS 484.3943 is hereby amended to read as follows:

10-38 484.3943 1. [Except as otherwise provided in subsection 5, a court :

10-43 and

11-1 (c) Shall order a person convicted of a third or subsequent violation of

11-2 NRS 484.379 or a violation of NRS 484.3795, for a period of not less than

11-3 12 months nor more than 36 months,

11-4 to install at his own expense a device in any motor vehicle which he owns

11-5 or operates as a condition to obtaining a restricted license pursuant to

11-6 subsection 3 of NRS 483.490.

11-7 2.] A court may order a person convicted of a violation of NRS

11-8 484.379 or 484.3795, for a period determined by the court, to install at his

11-9 own expense a device in any motor vehicle which he owns or operates as a

11-10 condition of reinstatement of his driving privilege.

11-11 [3.] 2. If the court orders a person to install a device pursuant to

11-12 subsection 1 or [2:] section 7 of this act:

11-13 (a) The court shall immediately prepare and transmit a copy of its order

11-14 to the director. The order must include a statement that a device is required

11-15 and the specific period for which it is required. The director shall cause

11-16 this information to be incorporated into the records of the department and

11-17 noted as a restriction on the person’s driver’s license.

11-18 (b) The person who is required to install the device shall provide proof

11-19 of compliance to the department before he may receive a restricted license

11-20 or before his driving privilege may be reinstated, as applicable. Each

11-21 model of a device installed pursuant to this section must have been

11-22 certified by the committee on testing for intoxication.

11-23 [4.] 3. A person whose driving privilege is restricted pursuant to this

11-24 section or section 7 of this act shall:

11-25 (a) If he was ordered to install a device pursuant to [paragraph (a) of]

11-26 subsection 1 [,] of section 7 of this act, have the device inspected by the

11-27 manufacturer of the device or its agent at least one time during the period

11-28 in which he is required to use the device; or

11-29 (b) If he was ordered to install a device pursuant to [paragraph (b) or (c)

11-30 of subsection 1,] subsection 2, 3 or 4 of section 7 of this act, have the

11-31 device inspected by the manufacturer of the device or its agent at least one

11-32 time each 90 days,

11-33 to determine whether the device is operating properly. An inspection

11-34 required pursuant to this subsection must be conducted in accordance with

11-35 regulations adopted pursuant to NRS 484.3888. The manufacturer or its

11-36 agent shall submit a report to the director indicating whether the device is

11-37 operating properly and whether it has been tampered with. If the device

11-38 has been tampered with, the director shall notify the court that ordered the

11-39 installation of the device.

11-40 [5.] 4. If a person is required to operate a motor vehicle in the course

11-41 and scope of his employment and the motor vehicle is owned by his

11-42 employer, the person may operate that vehicle without the installation of a

11-43 device, if:

12-1 (a) The employee notifies his employer that the employee’s driving

12-2 privilege has been so restricted; and

12-3 (b) The employee has proof of that notification in his possession or the

12-4 notice, or a facsimile copy thereof, is with the motor vehicle.

12-5 This exemption does not apply to a motor vehicle owned by a business

12-6 which is all or partly owned or controlled by the person otherwise subject

12-7 to this section.

12-8 Sec. 10. NRS 484.3945 is hereby amended to read as follows:

12-9 484.3945 1. A person required to install a device pursuant to NRS

12-26 supported by probable cause or cannot be proved at trial.

12-27 Sec. 11. NRS 4.3762 is hereby amended to read as follows:

12-28 4.3762 1. Except as otherwise provided in subsection [6,] 7, in lieu

12-42 whether he is complying with the terms of his sentence.

13-1 3. In sentencing a convicted person to a term of residential

13-2 confinement, the justice of the peace may, when the circumstances

13-3 warrant, require the convicted person to submit to:

13-4 (a) A search and seizure by the chief of a department of alternative

13-5 sentencing, an assistant alternative sentencing officer or any other law

13-6 enforcement officer at any time of the day or night without a search

13-7 warrant; and

13-8 (b) Periodic tests to determine whether the offender is using a

13-9 controlled substance or consuming alcohol.

13-10 4. [An] Except as otherwise provided in subsection 5, an electronic

13-11 device may be used to supervise a convicted person sentenced to a term of

13-12 residential confinement. The device must be minimally intrusive and

13-13 limited in capability to recording or transmitting information concerning

13-14 the presence of the person at his residence, including, but not limited to,

13-15 the transmission of still visual images which do not concern the activities

13-16 of the person while inside his residence. A device which is capable of

13-17 recording or transmitting:

13-18 (a) Oral or wire communications or any auditory sound; or

13-19 (b) Information concerning the activities of the person while inside his

13-20 residence,

13-21 must not be used.

13-22 5. An electronic device must be used in the manner set forth in

13-23 subsection 4 to supervise a person who is sentenced pursuant to

13-24 paragraph (b) of subsection 1 of NRS 484.3792 for a second violation

13-25 within 7 years of driving under the influence of intoxicating liquor or a

13-26 controlled substance.

13-27 6. A term of residential confinement, together with the term of any

13-28 minimum sentence [mandated] required by statute, may not exceed the

13-29 maximum sentence which otherwise could have been imposed for the

13-30 offense.

13-31 [6.] 7. The justice of the peace shall not sentence a person convicted

13-32 of committing a battery which constitutes domestic violence pursuant to

13-33 NRS 33.018 to a term of residential confinement in lieu of imprisonment

13-34 unless the justice of the peace makes a finding that the person is not likely

13-35 to pose a threat to the victim of the battery.

13-36 [7.] 8. The justice of the peace may issue a warrant for the arrest of a

13-37 convicted person who violates or fails to fulfill a condition of residential

13-38 confinement.

13-39 Sec. 12. NRS 5.076 is hereby amended to read as follows:

13-40 5.076 1. Except as otherwise provided in subsection [6,] 7, in lieu of

13-42 required by statute, a municipal judge may sentence a person convicted of

14-1 a misdemeanor to a term of residential confinement. In making this

14-2 determination, the municipal judge shall consider the criminal record of the

14-3 convicted person and the seriousness of the crime committed.

14-4 2. In sentencing a convicted person to a term of residential

14-5 confinement, the municipal judge shall:

14-6 (a) Require the convicted person to be confined to his residence during

14-7 the time he is away from his employment, public service or other activity

14-8 authorized by the municipal judge; and

14-9 (b) Require intensive supervision of the convicted person, including,

14-10 without limitation, electronic surveillance and unannounced visits to his

14-11 residence or other locations where he is expected to be in order to

14-12 determine whether he is complying with the terms of his sentence.

14-13 3. In sentencing a convicted person to a term of residential

14-14 confinement, the municipal judge may, when the circumstances warrant,

14-15 require the convicted person to submit to:

14-16 (a) A search and seizure by the chief of a department of alternative

14-17 sentencing, an assistant alternative sentencing officer or any other law

14-18 enforcement officer at any time of the day or night without a search

14-19 warrant; and

14-20 (b) Periodic tests to determine whether the offender is using a

14-21 controlled substance or consuming alcohol.

14-22 4. [An] Except as otherwise provided in subsection 5, an electronic

14-23 device may be used to supervise a convicted person sentenced to a term of

14-24 residential confinement. The device must be minimally intrusive and

14-25 limited in capability to recording or transmitting information concerning

14-26 the presence of the person at his residence, including, but not limited to,

14-27 the transmission of still visual images which do not concern the activities

14-28 of the person while inside his residence. A device which is capable of

14-29 recording or transmitting:

14-30 (a) Oral or wire communications or any auditory sound; or

14-31 (b) Information concerning the activities of the person while inside his

14-32 residence,

14-33 must not be used.

14-34 5. An electronic device must be used in the manner set forth in

14-35 subsection 4 to supervise a person who is sentenced pursuant to

14-36 paragraph (b) of subsection 1 of NRS 484.3792 for a second violation

14-37 within 7 years of driving under the influence of intoxicating liquor or a

14-38 controlled substance.

14-39 6. A term of residential confinement, together with the term of any

14-40 minimum sentence [mandated] required by statute, may not exceed the

14-41 maximum sentence which otherwise could have been imposed for the

14-42 offense.

15-1 [6.] 7. The municipal judge shall not sentence a person convicted of

15-2 committing a battery which constitutes domestic violence pursuant to NRS

15-3 33.018 to a term of residential confinement in lieu of imprisonment unless

15-4 the municipal judge makes a finding that the person is not likely to pose a

15-5 threat to the victim of the battery.

15-6 [7.] 8. The municipal judge may issue a warrant for the arrest of a

15-7 convicted person who violates or fails to fulfill a condition of residential

15-8 confinement.

15-9 Sec. 13. NRS 458.260 is hereby amended to read as follows:

15-10 458.260 1. Except as otherwise provided in subsection 2, the use of

15-28 any criminal act.

15-29 Sec. 14. Section 1.9 of chapter 551, Statutes of Nevada 1997, at page

15-30 2647, is hereby amended to read as follows:

15-31 Sec. 1.9. NRS 482.480 is hereby amended to read as follows:

15-32 482.480 There must be paid to the department for the

15-33 registration or the transfer or reinstatement of the registration of

15-34 motor vehicles, trailers and semitrailers, fees according to the

15-35 following schedule:

15-36 1. Except as otherwise provided in this section, for each stock

15-37 passenger car and each reconstructed or specially constructed

15-38 passenger car registered to a person, regardless of weight or

15-39 number of passenger capacity, a fee for registration of $33.

15-40 2. Except as otherwise provided in subsection 3:

16-1 (a) For each of the fifth and sixth such cars registered to a

16-2 person , [for which special license plates have been issued pursuant

16-3 to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee

16-4 for registration of $16.50.

16-5 (b) For each of the seventh and eighth such cars registered to a

16-6 person , [for which special license plates have been issued pursuant

16-7 to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee

16-8 for registration of $12.

16-9 (c) For each of the ninth or more such cars registered to a person

16-10 , [for which special license plates have been issued pursuant to

16-11 NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for

16-12 registration of $8.

16-13 3. The fees specified in subsection 2 do not apply:

16-14 (a) Unless the person registering the cars presents to the

16-15 department at the time of registration the registrations of all of the

16-16 cars registered to him.

16-17 (b) To cars that are part of a fleet.

16-18 4. For every motorcycle, a fee for registration of $33 and for

16-19 each motorcycle other than a trimobile, an additional fee of $6 for

16-20 motorcycle safety. The additional fee must be deposited in the state

16-21 highway fund for credit to the account for the program for the

16-22 education of motorcycle riders.

16-23 5. For each transfer of registration , a fee of $6 in addition to

16-24 any other fees.

16-25 6. To reinstate the registration of a motor vehicle suspended

16-26 pursuant to NRS 485.317:

16-27 (a) A fee of $250 for a registered owner who failed to have

16-28 insurance on the date specified in the form for verification that was

16-29 mailed by the department pursuant to subsection 2 of NRS

16-30 485.317; or

16-31 (b) A fee of $50 for a registered owner of a dormant vehicle

16-32 who canceled the insurance coverage for that vehicle or allowed the

16-33 insurance coverage for that vehicle to expire without first canceling

16-34 the registration for the vehicle in accordance with subsection 3 of

16-35 NRS 485.320,

16-36 both of which must be deposited in the account for verification of

16-37 insurance which is hereby created in the state highway fund.

16-38 Money in the account must be used to carry out the provisions of

16-39 NRS 485.313 to 485.318, inclusive.

16-40 7. For every travel trailer, a fee for registration of $27.

16-41 8. For every permit for the operation of a golf cart, an annual

16-42 fee of $10.

17-1 9. To reinstate the registration of a motor vehicle that is

17-2 suspended pursuant to section 2 of this act, a fee of $65.

17-3 Sec. 15. The amendatory provisions of this act do not apply to acts

17-4 that were committed before October 1, 1999.