CHAPTER........

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

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

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

1. 482.480 There must be paid to the department for the registration or

1. department pursuant to subsection 2 of NRS 485.317; or
2. (b) A fee of $50 for a registered owner of a dormant vehicle who

1. canceled the insurance coverage for that vehicle or allowed the insurance

1. coverage for that vehicle to expire without first canceling the registration

1. for the vehicle in accordance with subsection 3 of NRS 485.320,

1. both of which must be deposited in the account for verification of insurance

1. which is hereby created in the state highway fund. Money in the account

1. must be used to carry out the provisions of NRS 485.313 to 485.318,

1. inclusive.

1. 7. For every travel trailer, a fee for registration of $27.

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

1. $10.

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

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

1. .
2. (c) For a period of 90 days, if the offense is a first violation within 7

1. years of NRS 484.379.

1. 2. The department shall revoke the license, permit or privilege of a

1. driver convicted of violating NRS 484.379 who fails to complete the

1. educational course on the use of alcohol and controlled substances within

1. the time ordered by the court and shall add a period of 90 days during

1. which the driver is not eligible for a license, permit or privilege to drive.

1. 3. When the department is notified by a court that a person who has

1. 484.379 has been permitted to enter a program of treatment pursuant to

1. the period during which he is not eligible for a license, permit or privilege

1. to drive, but shall restore that reduction in time if notified that he was not

1. accepted for or failed to complete the treatment.

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

1. of a person who is required to install a device pursuant to NRS 484.3943

1. but who operates a motor vehicle without such a device:

1. (a) For 3 years, if it is his first such offense during the period of required

1. use of the device.

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

1. required use of the device.

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

1. subsection 4 is not eligible for a restricted license during the period set

1. (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

1. 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

1. issuance of a child’s license;

1. (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

1. issuance of a person’s license; or

1. (c) Pursuant to NRS 62.227, ordered the revocation of a child’s
   license,

1. the department shall take such actions as are necessary to carry out the

1. court’s order.

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

1. NRS 484.3941.

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

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

1. r
2. (b) To acquire supplies of medicine or food or receive regularly

1. scheduled medical care for himself or a member of his immediate
   family.

1. Before a restricted license may be issued, the applicant must submit

1. sufficient documentary evidence to satisfy the department that a severe

1. hardship exists because the applicant has no alternative means of

1. transportation and that the severe hardship outweighs the risk to the public

1. if he is issued a restricted license.

1. 2. A person who has been ordered to install a device in a motor vehicle

1. (a) Shall install the device not later than 21 days after the date on which

1. the order issued; and

1. (b) May not receive a restricted license pursuant to this section until:

1. driving a vehicle while under the influence of intoxicating liquor or a

1. (3) After at least 45 days of the period during which he is not eligible

1. for a license, if he was convicted of a first violation within 7 years of NRS

1. 484.379.

1. 3. If the department has received a copy of an order requiring a person

1. to NRS 484.3943, the department shall not issue a restricted driver’s

1. license to such a person pursuant to this section unless the applicant has

1. submitted proof of compliance with the order and subsection 2.

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

1. NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

1. NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

1. issue a restricted driver’s license to an applicant permitting the applicant to

1. drive a motor vehicle:

1. (a) If applicable, to and from work or in the course of his work, or both;

1. and

1. (b) If applicable, to and from school.

1. 5. After a driver’s license has been suspended pursuant to NRS

1. 483.443, the department may issue a restricted driver’s license to an

1. applicant permitting the applicant to drive a motor vehicle:

1. (a) If applicable, to and from work or in the course of his work, or both;

1. (b) To receive regularly scheduled medical care for himself or a member

1. of his immediate family; and

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

1. child.
2. 6. A driver who violates a condition of a restricted license issued

1. pursuant to subsection 1 or by another jurisdiction is guilty of a

1. misdemeanor, and if his license was suspended or revoked for a violation of

1. NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a

1. vehicle while under the influence of intoxicating liquor or a controlled

1. substance, or the violation of a law of any other jurisdiction which prohibits

1. the same conduct, he shall be punished in the manner provided pursuant to

1. subsection 2 of NRS 483.560.

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

1. chapter and NRS 484.384 must run consecutively, except as otherwise

1. provided in NRS 483.465 and 483.475, when the suspensions must run

1. concurrently.

1. 8. Whenever the department suspends or revokes a license, the period

1. of suspension, or of ineligibility for a license after the revocation, begins

1. upon the effective date of the revocation or suspension as contained in the

1. notice thereof.

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

new section to read as follows:

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

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

1. without regard to the sequence of the offenses and convictions. The facts
2. concerning a prior offense must be alleged in the complaint, indictment or

1. information, must not be read to the jury or proved at trial but must be

1. proved at the time of sentencing and, if the principal offense is alleged to

1. be a felony, must also be shown at the preliminary examination or

1. presented to the grand jury.

1. 3. A person convicted of violating the provisions of NRS 484.379 must

1. not be released on probation, and a sentence imposed for violating those

1. provisions must not be suspended except, as provided in NRS 4.373, 5.055,

1. 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

1. the mandatory minimum. A prosecuting attorney shall not dismiss a charge

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

1. guilty but mentally ill or nolo contendere to a lesser charge or for any other

1. reason unless he knows or it is obvious that the charge is not supported by

1. probable cause or cannot be proved at the time of trial.

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

1. section may be served intermittently at the discretion of the judge or justice

1. of the peace, except that a person who is convicted of a second or

1. subsequent offense within 7 years must be confined for at least one segment

1. of not less than 48 consecutive hours. This discretion must be exercised

1. after considering all the circumstances surrounding the offense, and the

1. family and employment of the offender, but any sentence of 30 days or less

1. must be served within 6 months after the date of conviction or, if the

1. offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

1. suspension of his sentence was revoked, within 6 months after the date of

1. revocation. Any time for which the offender is confined must consist of not

1. less than 24 consecutive hours.

1. 5. Jail sentences simultaneously imposed pursuant to this section and

1. 6. If the person who violated the provisions of NRS 484.379 possesses

1. a driver’s license issued by a state other than the State of Nevada and does

1. not reside in the State of Nevada, in carrying out the provisions of

1. subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

1. (a) Order the person to pay tuition for and submit evidence of

1. completion of an educational course on the abuse of alcohol and controlled

1. substances approved by a governmental agency of the state of his residence

1. within the time specified in the order; or

1. (b) Order him to complete an educational course by correspondence on

1. the abuse of alcohol and controlled substances approved by the department

1. within the time specified in the order,

1. and the court shall notify the department if the person fails to complete the

1. assigned course within the specified time.

1. 7. If the defendant was transporting a person who is less than 15 years

1. of age in the motor vehicle at the time of the violation, the court shall

1. consider that fact as an aggravating factor in determining the sentence of

1. the defendant.
2. 8. As used in this section, unless the context otherwise requires,

1. "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

1. resulting from the driving of a vehicle while under the influence of

1. intoxicating liquor or a controlled substance, or the violation of a law of

1. any other jurisdiction that prohibits the same or similar conduct.

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

484.3943 1. Except as otherwise provided in subsection 5, a court:

1. regulations adopted pursuant to NRS 484.3888. The manufacturer or its
2. agent shall submit a report to the director indicating whether the device is

1. operating properly and whether it has been tampered with. If the device has

1. been tampered with, the director shall notify the court that ordered the

1. installation of the device.

1. 5. If a person is required to operate a motor vehicle in the course and

1. scope of his employment and the motor vehicle is owned by his employer,

1. the person may operate that vehicle without the installation of a device, if:

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

1. privilege has been so restricted; and

1. (b) The employee has proof of that notification in his possession or the

1. notice, or a facsimile copy thereof, is with the motor vehicle.

1. This exemption does not apply to a motor vehicle owned by a business

1. which is all or partly owned or controlled by the person otherwise subject

1. to this section.

Sec. 10. NRS 4.3762 is hereby amended to read as follows:

1. limited in capability to recording or transmitting information concerning
2. the presence of the person at his residence, including, but not limited to, the

1. transmission of still visual images which do not concern the activities of the

1. person while inside his residence. A device which is capable of recording

1. or transmitting:

1. (a) Oral or wire communications or any auditory sound; or

1. (b) Information concerning the activities of the person while inside his

1. residence,

1. must not be used.

1. maximum sentence which otherwise could have been imposed for the

1. offense.

1. of committing a battery which constitutes domestic violence pursuant to

1. NRS 33.018 to a term of residential confinement in lieu of imprisonment

1. unless the justice of the peace makes a finding that the person is not likely

1. to pose a threat to the victim of the battery.

1. convicted person who violates or fails to fulfill a condition of residential

1. confinement.

Sec. 11. NRS 5.076 is hereby amended to read as follows:

2. (a) A search and seizure by the chief of a department of alternative

1. sentencing, an assistant alternative sentencing officer or any other law

1. enforcement officer at any time of the day or night without a search

1. warrant; and

1. (b) Periodic tests to determine whether the offender is using a controlled

1. substance or consuming alcohol.

1. device may be used to supervise a convicted person sentenced to a term of

1. residential confinement. The device must be minimally intrusive and

1. limited in capability to recording or transmitting information concerning

1. the presence of the person at his residence, including, but not limited to, the

1. transmission of still visual images which do not concern the activities of the

1. person while inside his residence. A device which is capable of recording

1. or transmitting:

1. (a) Oral or wire communications or any auditory sound; or

1. (b) Information concerning the activities of the person while inside his

1. residence,

1. must not be used.

1. maximum sentence which otherwise could have been imposed for the

1. offense.

1. committing a battery which constitutes domestic violence pursuant to NRS

1. 33.018 to a term of residential confinement in lieu of imprisonment unless

1. the municipal judge makes a finding that the person is not likely to pose a

1. threat to the victim of the battery.

1. convicted person who violates or fails to fulfill a condition of residential

1. confinement.

Sec. 12. NRS 458.260 is hereby amended to read as follows:

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

1. pursuant to the provisions of a specific statute;

1. (c) A homicide resulting from driving, operating or being in actual

1. physical control of a vehicle or a vessel under power or sail while under the

1. influence of intoxicating liquor or a controlled substance; and

1. (d) Any offense similar to an offense set forth in paragraph (a), (b) or (c)

1. that is set forth in an ordinance or resolution of a county, city or town.

1. 3. This section does not make intoxication an excuse or defense for any

1. criminal act.

Sec. 13. Section 1.9 of chapter 551, Statutes of Nevada 1997, at page

2647, is hereby amended to read as follows:

1. 482.480 There must be paid to the department for the

1. registration or the transfer or reinstatement of the registration of

1. motor vehicles, trailers and semitrailers, fees according to the

1. following schedule:

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

1. passenger car and each reconstructed or specially constructed

1. passenger car registered to a person, regardless of weight or number

1. of passenger capacity, a fee for registration of $33.

1. 2. Except as otherwise provided in subsection 3:

1. (a) For each of the fifth and sixth such cars registered to a person

1. registration of $16.50.

1. (b) For each of the seventh and eighth such cars registered to a

1. for registration of $12.

1. (c) For each of the ninth or more such cars registered to a person

1. registration of $8.

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

1. (a) Unless the person registering the cars presents to the

1. department at the time of registration the registrations of all of the

1. cars registered to him.

1. (b) To cars that are part of a fleet.

1. 4. For every motorcycle, a fee for registration of $33 and for

1. each motorcycle other than a trimobile, an additional fee of $6 for

1. motorcycle safety. The additional fee must be deposited in the state

1. highway fund for credit to the account for the program for the

1. education of motorcycle riders.

1. any other fees.
2. 6. To reinstate the registration of a motor vehicle suspended

1. pursuant to NRS 485.317:

1. (a) A fee of $250 for a registered owner who failed to have

1. insurance on the date specified in the form for verification that was

1. mailed by the department pursuant to subsection 2 of NRS 485.317;

1. or

1. (b) A fee of $50 for a registered owner of a dormant vehicle who

1. canceled the insurance coverage for that vehicle or allowed the

1. insurance coverage for that vehicle to expire without first canceling

1. the registration for the vehicle in accordance with subsection 3 of

1. NRS 485.320,

1. both of which must be deposited in the account for verification of

1. insurance which is hereby created in the state highway fund. Money

1. in the account must be used to carry out the provisions of NRS

1. 485.313 to 485.318, inclusive.

1. 7. For every travel trailer, a fee for registration of $27.

1. 8. For every permit for the operation of a golf cart, an annual

1. fee of $10.

Sec. 14. The amendatory provisions of this act do not apply to acts

that were committed before October 1, 2000.

Sec. 15. This act becomes effective on October 1, 2000.

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