Assembly Bill No. 542–Committee on Judiciary

(On Behalf of Budget Division)

March 15, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning driving under influence of intoxicating liquor or controlled substance. (BDR 43-1583)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

~

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; revising provisions concerning driving under the influence of intoxicating liquor or a controlled substance; providing penalties; 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 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 7 of this act, suspend the

1-6 registration of each such motor vehicle for 30 days and require the

1-7 return to the department of the license plates of each such motor vehicle.

1-8 2. If the registration of a motor vehicle of a person is suspended

1-9 pursuant to this section, he shall immediately return the certificate of

1-10 registration and the license plates to the department.

1-11 3. The period of suspension of the registration of a motor vehicle

1-12 that is suspended pursuant to this section begins on the effective date of

1-13 the suspension as set forth in the notice thereof.

1-14 4. The department shall reinstate the registration of a motor vehicle

1-15 that was suspended pursuant to this section and reissue the license plates

1-16 of the motor vehicle only upon the payment of the fee for reinstatement

1-17 of registration prescribed in subsection 9 of NRS 482.480.

2-1 5. The suspension of the registration of a motor vehicle pursuant to

2-2 this section does not prevent the owner of the motor vehicle from selling

2-3 or otherwise transferring an interest in the motor vehicle.

2-4 Sec. 3. 1. A person who has had the registration of his motor

2-5 vehicle suspended pursuant to section 2 of this act and who drives the

2-6 motor vehicle for which the registration has been suspended on a

2-7 highway is guilty of a misdemeanor and shall be:

2-8 (a) Punished by imprisonment in the county jail for not less than 30

2-9 days nor more than 6 months; or

2-10 (b) Sentenced to a term of not less than 60 days not more than 6

2-11 months in residential confinement, and by a fine of not less than $500

2-12 and not more than $1,000.

2-13 A person who is punished pursuant to this subsection may not be granted

2-14 probation and a sentence imposed for such a violation may not be

2-15 suspended. A prosecutor may not dismiss a charge of such a violation in

2-16 exchange for a plea of guilty, guilty but mentally ill or nolo contendere to

2-17 a lesser charge or for any other reason, unless in his judgment the

2-18 charge is not supported by probable cause or cannot be proved at trial.

2-19 The provisions of this subsection do not apply if the period of suspension

2-20 has expired but the person has not reinstated his registration.

2-21 2. A person who has had the registration of his motor vehicle

2-22 suspended pursuant to section 2 of this act and who knowingly allows the

2-23 motor vehicle for which the registration has been suspended to be

2-24 operated by another person upon a highway is guilty of a misdemeanor.

2-25 3. A person who willfully fails to return a certificate of registration

2-26 or the license plates as required pursuant to section 2 of this act is guilty

2-27 of a misdemeanor.

2-28 4. A term of imprisonment imposed pursuant to the provisions of this

2-29 section may be served intermittently at the discretion of the judge or

2-30 justice of the peace, except that the full term of imprisonment must be

2-31 served within 6 months after the date of conviction, and any segment of

2-32 time the person is imprisoned must not consist of less than 24 hours. This

2-33 discretion must be exercised after considering all the circumstances

2-34 surrounding the offense, and the family and employment of the person

2-35 convicted.

2-36 5. Jail sentences simultaneously imposed pursuant to this section

2-37 and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

2-38 Sec. 4. NRS 482.480 is hereby amended to read as follows:

2-39 482.480 There must be paid to the department for the registration or

2-40 the transfer or reinstatement of the registration of motor vehicles, trailers

2-41 and semitrailers, fees according to the following schedule:

2-42 1. Except as otherwise provided in this section, for each stock

2-43 passenger car and each reconstructed or specially constructed passenger car

3-1 registered to a person, regardless of weight or number of passenger

3-2 capacity, a fee for registration of $33.

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

3-4 (a) For each of the fifth and sixth such cars registered to a person for

3-5 which special license plates have been issued pursuant to NRS 482.380,

3-6 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.

3-7 (b) For each of the seventh and eighth such cars registered to a person

3-8 for which special license plates have been issued pursuant to NRS 482.380,

3-9 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.

3-10 (c) For each of the ninth or more such cars registered to a person for

3-11 which special license plates have been issued pursuant to NRS 482.380,

3-12 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.

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

3-14 (a) Unless the person registering the cars presents to the department at

3-15 the time of registration the registrations of all of the cars registered to him.

3-16 (b) To cars that are part of a fleet.

3-17 4. For every motorcycle, a fee for registration of $33 and for each

3-18 motorcycle other than a trimobile, an additional fee of $6 for motorcycle

3-19 safety. The additional fee must be deposited in the state highway fund for

3-20 credit to the account for the program for the education of motorcycle riders.

3-21 5. For each transfer of registration, a fee of $6 in addition to any other

3-22 fees.

3-23 6. To reinstate the registration of a motor vehicle suspended pursuant

3-24 to NRS 485.317:

3-25 (a) A fee of $250 for a registered owner who failed to have insurance on

3-26 the date specified in the form for verification that was mailed by the

3-27 department pursuant to subsection 2 of NRS 485.317; or

3-28 (b) A fee of $50 for a registered owner of a dormant vehicle who

3-29 canceled the insurance coverage for that vehicle or allowed the insurance

3-30 coverage for that vehicle to expire without first canceling the registration

3-31 for the vehicle in accordance with subsection 3 of NRS 485.320,

3-32 both of which must be deposited in the account for verification of insurance

3-33 which is hereby created in the state highway fund. Money in the account

3-34 must be used to carry out the provisions of NRS 485.313 to 485.318,

3-35 inclusive.

3-36 7. For every travel trailer, a fee for registration of $27.

3-37 8. For every permit for the operation of a golf cart, an annual fee of

3-38 $10.

3-39 9. To reinstate the registration of a motor vehicle that is suspended

3-40 pursuant to section 2 of this act, a fee of $33.

3-41 Sec. 5. NRS 483.460 is hereby amended to read as follows:

3-42 483.460 1. Except as otherwise provided by statute, the department

3-43 shall revoke the license, permit or privilege of any driver upon receiving a

4-1 record of his conviction of any of the following offenses, when that

4-2 conviction has become final, and the driver is not eligible for a license,

4-3 permit or privilege to drive for the period indicated:

4-4 (a) For a period of 3 years if the offense is:

4-5 (1) A violation of subsection 2 of NRS 484.377.

4-6 (2) A third or subsequent violation within 7 years of NRS 484.379.

4-7 (3) A violation of NRS 484.3795 or homicide resulting from driving a

4-8 vehicle while under the influence of intoxicating liquor or a controlled

4-9 substance.

4-10 The period during which such a driver is not eligible for a license, permit or

4-11 privilege to drive must be set aside during any period of imprisonment and

4-12 the period of revocation must resume upon completion of the period of

4-13 imprisonment or when the person is placed on residential confinement.

4-14 (b) For a period of 1 year if the offense is:

4-15 (1) Any other manslaughter resulting from the driving of a motor

4-16 vehicle or felony in the commission of which a motor vehicle is used,

4-17 including the unlawful taking of a motor vehicle.

4-18 (2) Failure to stop and render aid as required pursuant to the laws of

4-19 this state in the event of a motor vehicle accident resulting in the death or

4-20 bodily injury of another.

4-21 (3) Perjury or the making of a false affidavit or statement under oath

4-22 to the department pursuant to NRS 483.010 to 483.630, inclusive, or

4-23 pursuant to any other law relating to the ownership or driving of motor

4-24 vehicles.

4-25 (4) Conviction, or forfeiture of bail not vacated, upon three charges of

4-26 reckless driving committed within a period of 12 months.

4-27 (5) A second violation within 7 years of NRS 484.379 and [, except

4-28 as otherwise provided in subsection 2 of NRS 483.490,] the driver is not

4-29 eligible for a restricted license during any of that period.

4-30 (6) A violation of NRS 484.348.

4-31 (c) For a period of 90 days, if the offense is a first violation within 7

4-32 years of NRS 484.379.

4-33 2. The department shall revoke the license, permit or privilege of a

4-34 driver convicted of violating NRS 484.379 who fails to complete the

4-35 educational course on the use of alcohol and controlled substances within

4-36 the time ordered by the court and shall add a period of 90 days during

4-37 which the driver is not eligible for a license, permit or privilege to drive.

4-38 3. When the department is notified by a court that a person who has

4-39 been convicted of [violating] a first violation within 7 years of NRS

4-40 484.379 has been permitted to enter a program of treatment pursuant to

4-41 NRS 484.37937 , [or 484.3794,] the department shall reduce by one-half

4-42 the period during which he is not eligible for a license, permit or privilege

5-1 to drive, but shall restore that reduction in time if notified that he was not

5-2 accepted for or failed to complete the treatment.

5-3 4. The department shall revoke the license, permit or privilege to drive

5-4 of a person who is required to install a device pursuant to NRS 484.3943

5-5 but who operates a motor vehicle without such a device:

5-6 (a) For 3 years, if it is his first such offense during the period of required

5-7 use of the device.

5-8 (b) For 5 years, if it is his second such offense during the period of

5-9 required use of the device.

5-10 5. A driver whose license, permit or privilege is revoked pursuant to

5-11 subsection 4 is not eligible for a restricted license during the period set

5-12 forth in paragraph (a) or (b) of that subsection, whichever [is applicable.]

5-13 applies.

5-14 6. When the department is notified that a court has:

5-15 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

5-16 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

5-17 issuance of a child’s license;

5-18 (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

5-19 issuance of a person’s license; or

5-20 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

5-21 the department shall take such actions as are necessary to carry out the

5-22 court’s order.

5-23 7. As used in this section, "device" has the meaning ascribed to it in

5-24 NRS 484.3941.

5-25 Sec. 6. NRS 483.490 is hereby amended to read as follows:

5-26 483.490 1. Except as otherwise provided in this section, after a

5-27 driver’s license has been suspended or revoked for an offense other than a

5-28 second violation within 7 years of NRS 484.379 and one-half of the period

5-29 during which the driver is not eligible for a license has expired, the

5-30 department may, unless the statute authorizing the suspension prohibits the

5-31 issuance of a restricted license, issue a restricted driver’s license to an

5-32 applicant permitting the applicant to drive a motor vehicle:

5-33 (a) To and from work or in the course of his work, or both; or

5-34 (b) To acquire supplies of medicine or food or receive regularly

5-35 scheduled medical care for himself or a member of his immediate
5-36 family.

5-37 Before a restricted license may be issued, the applicant must submit

5-38 sufficient documentary evidence to satisfy the department that a severe

5-39 hardship exists because the applicant has no alternative means of

5-40 transportation and that the severe hardship outweighs the risk to the public

5-41 if he is issued a restricted license.

5-42 2. A person who has been ordered to install a device in a motor vehicle

5-43 [which he owns or operates] pursuant to NRS 484.3943:

6-1 (a) Shall install the device not later than 21 days after the date on which

6-2 the order issued; and

6-3 (b) May not receive a restricted license pursuant to this section until:

6-4 (1) After at least [180 days] 1 year of the period during which he is

6-5 not eligible for a license, if he was convicted of [a violation of subsection 2

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

6-7 driving a vehicle while under the influence of intoxicating liquor or a

6-8 controlled substance or if he was convicted of a third or subsequent

6-9 violation within 7 years of NRS 484.379;

6-10 (2) After at least [90] 180 days of the period during which he is not

6-11 eligible for a license, if he was convicted of [a second violation within 7

6-12 years of NRS 484.379;] a violation of subsection 2 of NRS 484.377; or

6-13 (3) After at least 45 days of the period during which he is not eligible

6-14 for a license, if he was convicted of a first violation within 7 years of NRS

6-15 484.379.

6-16 3. If the department has received a copy of an order requiring a person

6-17 to install a device in a motor vehicle [which he owns or operates] pursuant

6-18 to NRS 484.3943, the department shall not issue a restricted driver’s

6-19 license to such a person pursuant to this section unless the applicant has

6-20 submitted proof of compliance with the order and subsection 2.

6-21 4. After a driver’s license has been revoked pursuant to subsection 1 of

6-22 NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

6-23 NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

6-24 issue a restricted driver’s license to an applicant permitting the applicant to

6-25 drive a motor vehicle:

6-26 (a) If applicable, to and from work or in the course of his work, or both;

6-27 and

6-28 (b) If applicable, to and from school.

6-29 5. After a driver’s license has been suspended pursuant to NRS

6-30 483.443, the department may issue a restricted driver’s license to an

6-31 applicant permitting the applicant to drive a motor vehicle:

6-32 (a) If applicable, to and from work or in the course of his work, or both;

6-33 (b) To receive regularly scheduled medical care for himself or a member

6-34 of his immediate family; and

6-35 (c) If applicable, as necessary to exercise a court-ordered right to visit a

6-36 child.

6-37 6. A driver who violates a condition of a restricted license issued

6-38 pursuant to subsection 1 or by another jurisdiction is guilty of a

6-39 misdemeanor, and if his license was suspended or revoked for a violation of

6-40 NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a

6-41 vehicle while under the influence of intoxicating liquor or a controlled

6-42 substance, or the violation of a law of any other jurisdiction which prohibits

7-1 the same conduct, he shall be punished in the manner provided pursuant to

7-2 subsection 2 of NRS 483.560.

7-3 7. The periods of suspensions and revocations required pursuant to this

7-4 chapter and NRS 484.384 must run consecutively, except as otherwise

7-5 provided in NRS 483.465 and 483.475, when the suspensions must run

7-6 concurrently.

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

7-8 of suspension, or of ineligibility for a license after the revocation, begins

7-9 upon the effective date of the revocation or suspension as contained in the

7-10 notice thereof.

7-11 Sec. 7. Chapter 484 of NRS is hereby amended by adding thereto a

7-12 new section to read as follows:

7-13 1. If a person is convicted of a second or subsequent violation of

7-14 NRS 484.379 or 484.3795 within 7 years, the court shall issue an order

7-15 directing the department to suspend the registration of each motor

7-16 vehicle that is registered to or owned by the person for 30 days.

7-17 2. If a court issues an order directing the department to suspend the

7-18 registration of a motor vehicle pursuant to subsection 1, the court shall

7-19 forward a copy of the order to the department within 5 days after issuing

7-20 the order. The order must include, without limitation, information

7-21 concerning each motor vehicle that is registered to or owned by the

7-22 person, including, without limitation, the registration number of the

7-23 motor vehicle, if such information is available.

7-24 3. A court may provide for limited exceptions to the provisions of

7-25 subsection 1 on an individual basis to avoid undue hardship to a person

7-26 other than the person to whom that provision applies. In determining

7-27 whether to provide for such an exception, the court shall consider:

7-28 (a) Whether a member of the immediate family of the person whose

7-29 registration is suspended needs to use the motor vehicle:

7-30 (1) To travel to or from work or in the course and scope of his

7-31 employment;

7-32 (2) To obtain medicine, food or other necessities or to obtain health

7-33 care services for himself or another member of his immediate family; or

7-34 (3) To transport himself or another member of his immediate

7-35 family to or from school; and

7-36 (b) The availability of alternative means of transportation for a

7-37 member of the immediate family of the person whose registration is

7-38 suspended.

7-39 Sec. 8. NRS 484.3792 is hereby amended to read as follows:

7-40 484.3792 1. A person who violates the provisions of NRS 484.379:

7-41 (a) For the first offense within 7 years, is guilty of a misdemeanor.

7-42 Unless he is allowed to undergo treatment as provided in NRS 484.37937,

7-43 the court shall:

8-1 (1) Except as otherwise provided in subsection 6, order him to pay

8-2 tuition for an educational course on the abuse of alcohol and controlled

8-3 substances approved by the department and complete the course within the

8-4 time specified in the order, and the court shall notify the department if he

8-5 fails to complete the course within the specified time;

8-6 (2) Unless the sentence is reduced pursuant to NRS 484.37937,

8-7 sentence him to imprisonment for not less than 2 days nor more than 6

8-8 months in jail, or to perform 96 hours of work for the community while

8-9 dressed in distinctive garb that identifies him as having violated the

8-10 provisions of NRS 484.379; and

8-11 (3) Fine him not less than $400 nor more than $1,000.

8-12 (b) For a second offense within 7 years, is guilty of a misdemeanor.

8-13 Unless the sentence is reduced pursuant to NRS 484.3794, the court:

8-14 (1) Shall sentence him to:

8-15 (I) Imprisonment for not less than 10 days nor more than 6 months

8-16 in jail; or

8-17 (II) Residential confinement for not less than 10 days nor more

8-18 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

8-19 or 5.0755 to 5.078, inclusive;

8-20 (2) Shall fine him not less than $750 nor more than $1,000;

8-21 (3) Shall order him to perform not less than 100 hours, but not more

8-22 than 200 hours, of work for the community while dressed in distinctive garb

8-23 that identifies him as having violated the provisions of NRS 484.379,

8-24 unless the court finds that extenuating circumstances exist; and

8-25 (4) May order him to attend a program of treatment for the abuse of

8-26 alcohol or drugs pursuant to the provisions of NRS 484.37945.

8-27 A person who willfully fails or refuses to complete successfully a term of

8-28 residential confinement or a program of treatment ordered pursuant to this

8-29 paragraph is guilty of a misdemeanor.

8-30 (c) For a third or subsequent offense within 7 years, is guilty of a

8-31 category B felony and shall be punished by imprisonment in the state prison

8-32 for a minimum term of not less than 1 year and a maximum term of not

8-33 more than 6 years, and shall be further punished by a fine of not less than

8-34 $2,000 nor more than $5,000. An offender so imprisoned must, insofar as

8-35 practicable, be segregated from offenders whose crimes were violent and,

8-36 insofar as practicable, be assigned to an institution or facility of minimum

8-37 security.

8-38 2. An offense that occurred within 7 years immediately preceding the

8-39 date of the principal offense or after the principal offense constitutes a prior

8-40 offense for the purposes of this section when evidenced by a conviction,

8-41 without regard to the sequence of the offenses and convictions. The facts

8-42 concerning a prior offense must be alleged in the complaint, indictment or

8-43 information, must not be read to the jury or proved at trial but must be

9-1 proved at the time of sentencing and, if the principal offense is alleged to

9-2 be a felony, must also be shown at the preliminary examination or

9-3 presented to the grand jury.

9-4 3. A person convicted of violating the provisions of NRS 484.379 must

9-5 not be released on probation, and a sentence imposed for violating those

9-6 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

9-7 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

9-8 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

9-9 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

9-10 guilty but mentally ill or nolo contendere to a lesser charge or for any other

9-11 reason unless he knows or it is obvious that the charge is not supported by

9-12 probable cause or cannot be proved at the time of trial.

9-13 4. A term of confinement imposed pursuant to the provisions of this

9-14 section may be served intermittently at the discretion of the judge or justice

9-15 of the peace, except that a person who is convicted of a second or

9-16 subsequent offense within 7 years must be confined for at least one segment

9-17 of not less than 48 consecutive hours. This discretion must be exercised

9-18 after considering all the circumstances surrounding the offense, and the

9-19 family and employment of the offender, but any sentence of 30 days or less

9-20 must be served within 6 months after the date of conviction or, if the

9-21 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

9-22 suspension of his sentence was revoked, within 6 months after the date of

9-23 revocation. Any time for which the offender is confined must consist of not

9-24 less than 24 consecutive hours.

9-25 5. Jail sentences simultaneously imposed pursuant to this section and

9-26 NRS 483.560 or 485.330 or section 3 of this act must run consecutively.

9-27 6. If the person who violated the provisions of NRS 484.379 possesses

9-28 a driver’s license issued by a state other than the State of Nevada and does

9-29 not reside in the State of Nevada, in carrying out the provisions of

9-30 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

9-31 (a) Order the person to pay tuition for and submit evidence of

9-32 completion of an educational course on the abuse of alcohol and controlled

9-33 substances approved by a governmental agency of the state of his residence

9-34 within the time specified in the order; or

9-35 (b) Order him to complete an educational course by correspondence on

9-36 the abuse of alcohol and controlled substances approved by the department

9-37 within the time specified in the order,

9-38 and the court shall notify the department if the person fails to complete the

9-39 assigned course within the specified time.

9-40 7. If the defendant was transporting a person who is less than 15 years

9-41 of age in the motor vehicle at the time of the violation, the court shall

9-42 consider that fact as an aggravating factor in determining the sentence of

9-43 the defendant.

10-1 8. As used in this section, unless the context otherwise requires,

10-2 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

10-3 resulting from the driving of a vehicle while under the influence of

10-4 intoxicating liquor or a controlled substance, or the violation of a law of

10-5 any other jurisdiction that prohibits the same or similar conduct.

10-6 Sec. 9. NRS 484.3943 is hereby amended to read as follows:

10-7 484.3943 1. Except as otherwise provided in subsection 5, a court:

10-8 (a) May order a person convicted of a first violation of NRS 484.379,

10-9 for a period of not less than 3 months nor more than 6 months; and

10-10 (b) [Shall order a person convicted of a second violation of NRS

10-11 484.379, for a period of not less than 6 months nor more than 12 months;

10-12 and

10-13 (c)] Shall order a person convicted of a third or subsequent violation of

10-14 NRS 484.379 or a violation of NRS 484.3795, for a period of not less than

10-15 12 months nor more than 36 months,

10-16 to install at his own expense a device in any motor vehicle which he owns

10-17 or operates as a condition to obtaining a restricted license pursuant to

10-18 subsection 3 of NRS 483.490.

10-19 2. A court may order a person convicted of a violation of NRS 484.379

10-20 or 484.3795, for a period determined by the court, to install at his own

10-21 expense a device in any motor vehicle which he owns or operates as a

10-22 condition of reinstatement of his driving privilege.

10-23 3. If the court orders a person to install a device pursuant to subsection

10-24 1 or 2:

10-25 (a) The court shall immediately prepare and transmit a copy of its order

10-26 to the director. The order must include a statement that a device is required

10-27 and the specific period for which it is required. The director shall cause this

10-28 information to be incorporated into the records of the department and noted

10-29 as a restriction on the person’s driver’s license.

10-30 (b) The person who is required to install the device shall provide proof

10-31 of compliance to the department before he may receive a restricted license

10-32 or before his driving privilege may be reinstated, as applicable. Each model

10-33 of a device installed pursuant to this section must have been certified by the

10-34 committee on testing for intoxication.

10-35 4. A person whose driving privilege is restricted pursuant to this

10-36 section shall:

10-37 (a) If he was ordered to install a device pursuant to paragraph (a) of

10-38 subsection 1, have the device inspected by the manufacturer of the device

10-39 or its agent at least one time during the period in which he is required to use

10-40 the device; or

10-41 (b) If he was ordered to install a device pursuant to paragraph (b) [or

10-42 (c)] of subsection 1, have the device inspected by the manufacturer of the

10-43 device or its agent at least one time each 90 days,

11-1 to determine whether the device is operating properly. An inspection

11-2 required pursuant to this subsection must be conducted in accordance with

11-3 regulations adopted pursuant to NRS 484.3888. The manufacturer or its

11-4 agent shall submit a report to the director indicating whether the device is

11-5 operating properly and whether it has been tampered with. If the device has

11-6 been tampered with, the director shall notify the court that ordered the

11-7 installation of the device.

11-8 5. If a person is required to operate a motor vehicle in the course and

11-9 scope of his employment and the motor vehicle is owned by his employer,

11-10 the person may operate that vehicle without the installation of a device, if:

11-11 (a) The employee notifies his employer that the employee’s driving

11-12 privilege has been so restricted; and

11-13 (b) The employee has proof of that notification in his possession or the

11-14 notice, or a facsimile copy thereof, is with the motor vehicle.

11-15 This exemption does not apply to a motor vehicle owned by a business

11-16 which is all or partly owned or controlled by the person otherwise subject

11-17 to this section.

11-18 Sec. 10. NRS 4.3762 is hereby amended to read as follows:

11-19 4.3762 1. Except as otherwise provided in subsection [6,] 7, in lieu

11-20 of imposing any punishment other than a minimum sentence [mandated]

11-21 required by statute, a justice of the peace may sentence a person convicted

11-22 of a misdemeanor to a term of residential confinement. In making this

11-23 determination, the justice of the peace shall consider the criminal record of

11-24 the convicted person and the seriousness of the crime committed.

11-25 2. In sentencing a convicted person to a term of residential

11-26 confinement, the justice of the peace shall:

11-27 (a) Require the convicted person to be confined to his residence during

11-28 the time he is away from his employment, public service or other activity

11-29 authorized by the justice of the peace; and

11-30 (b) Require intensive supervision of the convicted person, including,

11-31 without limitation, electronic surveillance and unannounced visits to his

11-32 residence or other locations where he is expected to be to determine

11-33 whether he is complying with the terms of his sentence.

11-34 3. In sentencing a convicted person to a term of residential

11-35 confinement, the justice of the peace may, when the circumstances warrant,

11-36 require the convicted person to submit to:

11-37 (a) A search and seizure by the chief of a department of alternative

11-38 sentencing, an assistant alternative sentencing officer or any other law

11-39 enforcement officer at any time of the day or night without a search

11-40 warrant; and

11-41 (b) Periodic tests to determine whether the offender is using a controlled

11-42 substance or consuming alcohol.

12-1 4. [An] Except as otherwise provided in subsection 5, an electronic

12-2 device may be used to supervise a convicted person sentenced to a term of

12-3 residential confinement. The device must be minimally intrusive and

12-4 limited in capability to recording or transmitting information concerning

12-5 the presence of the person at his residence, including, but not limited to, the

12-6 transmission of still visual images which do not concern the activities of the

12-7 person while inside his residence. A device which is capable of recording

12-8 or transmitting:

12-9 (a) Oral or wire communications or any auditory sound; or

12-10 (b) Information concerning the activities of the person while inside his

12-11 residence,

12-12 must not be used.

12-13 5. An electronic device must be used in the manner set forth in

12-14 subsection 4 to supervise a person who is sentenced pursuant to

12-15 paragraph (b) of subsection 1 of NRS 484.3792 for a second violation

12-16 within 7 years of driving under the influence of intoxicating liquor or a

12-17 controlled substance.

12-18 6. A term of residential confinement, together with the term of any

12-19 minimum sentence [mandated] required by statute, may not exceed the

12-20 maximum sentence which otherwise could have been imposed for the

12-21 offense.

12-22 [6.] 7. The justice of the peace shall not sentence a person convicted

12-23 of committing a battery which constitutes domestic violence pursuant to

12-24 NRS 33.018 to a term of residential confinement in lieu of imprisonment

12-25 unless the justice of the peace makes a finding that the person is not likely

12-26 to pose a threat to the victim of the battery.

12-27 [7.] 8. The justice of the peace may issue a warrant for the arrest of a

12-28 convicted person who violates or fails to fulfill a condition of residential

12-29 confinement.

12-30 Sec. 11. NRS 5.076 is hereby amended to read as follows:

12-31 5.076 1. Except as otherwise provided in subsection [6,] 7, in lieu of

12-32 imposing any punishment other than a minimum sentence [mandated]

12-33 required by statute, a municipal judge may sentence a person convicted of

12-34 a misdemeanor to a term of residential confinement. In making this

12-35 determination, the municipal judge shall consider the criminal record of the

12-36 convicted person and the seriousness of the crime committed.

12-37 2. In sentencing a convicted person to a term of residential

12-38 confinement, the municipal judge shall:

12-39 (a) Require the convicted person to be confined to his residence during

12-40 the time he is away from his employment, public service or other activity

12-41 authorized by the municipal judge; and

12-42 (b) Require intensive supervision of the convicted person, including,

12-43 without limitation, electronic surveillance and unannounced visits to his

13-1 residence or other locations where he is expected to be in order to

13-2 determine whether he is complying with the terms of his sentence.

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

13-4 confinement, the municipal judge may, when the circumstances warrant,

13-5 require the convicted person to submit to:

13-6 (a) A search and seizure by the chief of a department of alternative

13-7 sentencing, an assistant alternative sentencing officer or any other law

13-8 enforcement officer at any time of the day or night without a search

13-9 warrant; and

13-10 (b) Periodic tests to determine whether the offender is using a controlled

13-11 substance or consuming alcohol.

13-12 4. [An] Except as otherwise provided in subsection 5, an electronic

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

13-14 residential confinement. The device must be minimally intrusive and

13-15 limited in capability to recording or transmitting information concerning

13-16 the presence of the person at his residence, including, but not limited to, the

13-17 transmission of still visual images which do not concern the activities of the

13-18 person while inside his residence. A device which is capable of recording

13-19 or transmitting:

13-20 (a) Oral or wire communications or any auditory sound; or

13-21 (b) Information concerning the activities of the person while inside his

13-22 residence,

13-23 must not be used.

13-24 5. An electronic device must be used in the manner set forth in

13-25 subsection 4 to supervise a person who is sentenced pursuant to

13-26 paragraph (b) of subsection 1 of NRS 484.3792 for a second violation

13-27 within 7 years of driving under the influence of intoxicating liquor or a

13-28 controlled substance.

13-29 6. A term of residential confinement, together with the term of any

13-30 minimum sentence [mandated] required by statute, may not exceed the

13-31 maximum sentence which otherwise could have been imposed for the

13-32 offense.

13-33 [6.] 7. The municipal judge shall not sentence a person convicted of

13-34 committing a battery which constitutes domestic violence pursuant to NRS

13-35 33.018 to a term of residential confinement in lieu of imprisonment unless

13-36 the municipal judge makes a finding that the person is not likely to pose a

13-37 threat to the victim of the battery.

13-38 [7.] 8. The municipal judge may issue a warrant for the arrest of a

13-39 convicted person who violates or fails to fulfill a condition of residential

13-40 confinement.

14-1 Sec. 12. NRS 458.260 is hereby amended to read as follows:

14-2 458.260 1. Except as otherwise provided in subsection 2, the use of

14-3 alcohol, the status of drunkard and the fact of being found in an intoxicated

14-4 condition are not:

14-5 (a) Public offenses and shall not be so treated in any ordinance or

14-6 resolution of a county, city or town.

14-7 (b) Elements of an offense giving rise to a criminal penalty or civil

14-8 sanction.

14-9 2. The provisions of subsection 1 do not apply to:

14-10 (a) The provisions of NRS 483.460, 483.490, subsection 2 of NRS

14-11 483.560 and NRS 484.384 [;] and sections 2, 3 and 7 of this act;

14-12 (b) An offense for which intoxication is an element of the offense

14-13 pursuant to the provisions of a specific statute;

14-14 (c) A homicide resulting from driving, operating or being in actual

14-15 physical control of a vehicle or a vessel under power or sail while under the

14-16 influence of intoxicating liquor or a controlled substance; and

14-17 (d) Any offense similar to an offense set forth in paragraph (a), (b) or (c)

14-18 that is set forth in an ordinance or resolution of a county, city or town.

14-19 3. This section does not make intoxication an excuse or defense for any

14-20 criminal act.

14-21 Sec. 13. Section 1.9 of chapter 551, Statutes of Nevada 1997, at page

14-22 2647, is hereby amended to read as follows:

14-23 Sec. 1.9. NRS 482.480 is hereby amended to read as follows:

14-24 482.480 There must be paid to the department for the

14-25 registration or the transfer or reinstatement of the registration of

14-26 motor vehicles, trailers and semitrailers, fees according to the

14-27 following schedule:

14-28 1. Except as otherwise provided in this section, for each stock

14-29 passenger car and each reconstructed or specially constructed

14-30 passenger car registered to a person, regardless of weight or number

14-31 of passenger capacity, a fee for registration of $33.

14-32 2. Except as otherwise provided in subsection 3:

14-33 (a) For each of the fifth and sixth such cars registered to a person

14-34 , [for which special license plates have been issued pursuant to NRS

14-35 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for

14-36 registration of $16.50.

14-37 (b) For each of the seventh and eighth such cars registered to a

14-38 person , [for which special license plates have been issued pursuant

14-39 to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee

14-40 for registration of $12.

14-41 (c) For each of the ninth or more such cars registered to a person

14-42 , [for which special license plates have been issued pursuant to NRS

15-1 482.380, 482.381, 482.3812, 482.3814 or 482.3816,] a fee for

15-2 registration of $8.

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

15-4 (a) Unless the person registering the cars presents to the

15-5 department at the time of registration the registrations of all of the

15-6 cars registered to him.

15-7 (b) To cars that are part of a fleet.

15-8 4. For every motorcycle, a fee for registration of $33 and for

15-9 each motorcycle other than a trimobile, an additional fee of $6 for

15-10 motorcycle safety. The additional fee must be deposited in the state

15-11 highway fund for credit to the account for the program for the

15-12 education of motorcycle riders.

15-13 5. For each transfer of registration , a fee of $6 in addition to

15-14 any other fees.

15-15 6. To reinstate the registration of a motor vehicle suspended

15-16 pursuant to NRS 485.317:

15-17 (a) A fee of $250 for a registered owner who failed to have

15-18 insurance on the date specified in the form for verification that was

15-19 mailed by the department pursuant to subsection 2 of NRS 485.317;

15-20 or

15-21 (b) A fee of $50 for a registered owner of a dormant vehicle who

15-22 canceled the insurance coverage for that vehicle or allowed the

15-23 insurance coverage for that vehicle to expire without first canceling

15-24 the registration for the vehicle in accordance with subsection 3 of

15-25 NRS 485.320,

15-26 both of which must be deposited in the account for verification of

15-27 insurance which is hereby created in the state highway fund. Money

15-28 in the account must be used to carry out the provisions of NRS

15-29 485.313 to 485.318, inclusive.

15-30 7. For every travel trailer, a fee for registration of $27.

15-31 8. For every permit for the operation of a golf cart, an annual

15-32 fee of $10.

15-33 9. To reinstate the registration of a motor vehicle that is

15-34 suspended pursuant to section 2 of this act, a fee of $33.

15-35 Sec. 14. The amendatory provisions of this act do not apply to acts

15-36 that were committed before October 1, 1999.

15-37 Sec. 15. 1. This section and sections 1 to 7, inclusive, and 9 to 14,

15-38 inclusive, of this act become effective on October 1, 1999.

15-39 2. Section 8 of this act becomes effective at 12:01 a.m. on October 1,

15-40 1999.

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