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
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 thereto1-2
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 a1-4
court to suspend the registration of each motor vehicle that is registered1-5
to or owned by a person pursuant to section 7 of this act, suspend the1-6
registration of each such motor vehicle for 5 days and require the return1-7
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 suspended1-9
pursuant to this section, he shall immediately return the certificate of1-10
registration and the license plates to the department.1-11
3. The period of suspension of the registration of a motor vehicle1-12
that is suspended pursuant to this section begins on the effective date of1-13
the suspension as set forth in the notice thereof.1-14
4. The department shall reinstate the registration of a motor vehicle1-15
that was suspended pursuant to this section and reissue the license plates1-16
of the motor vehicle only upon the payment of the fee for reinstatement1-17
of registration prescribed in subsection 9 of NRS 482.480.2-1
5. The suspension of the registration of a motor vehicle pursuant to2-2
this section does not prevent the owner of the motor vehicle from selling2-3
or otherwise transferring an interest in the motor vehicle.2-4
Sec. 3. 1. A person who has had the registration of his motor2-5
vehicle suspended pursuant to section 2 of this act and who drives the2-6
motor vehicle for which the registration has been suspended on a2-7
highway is guilty of a misdemeanor and shall be:2-8
(a) Punished by imprisonment in the county jail for not less than 302-9
days nor more than 6 months; or2-10
(b) Sentenced to a term of not less than 60 days not more than 62-11
months in residential confinement, and by a fine of not less than $5002-12
and not more than $1,000.2-13
The provisions of this subsection do not apply if the period of suspension2-14
has expired but the person has not reinstated his registration.2-15
2. A person who has had the registration of his motor vehicle2-16
suspended pursuant to section 2 of this act and who knowingly allows the2-17
motor vehicle for which the registration has been suspended to be2-18
operated by another person upon a highway is guilty of a misdemeanor.2-19
3. A person who willfully fails to return a certificate of registration2-20
or the license plates as required pursuant to section 2 of this act is guilty2-21
of a misdemeanor.2-22
4. A term of imprisonment imposed pursuant to the provisions of this2-23
section may be served intermittently at the discretion of the judge or2-24
justice of the peace, except that the full term of imprisonment must be2-25
served within 6 months after the date of conviction, and any segment of2-26
time the person is imprisoned must not consist of less than 24 hours. This2-27
discretion must be exercised after considering all the circumstances2-28
surrounding the offense, and the family and employment of the person2-29
convicted.2-30
5. Jail sentences simultaneously imposed pursuant to this section2-31
and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.2-32
Sec. 4. NRS 482.480 is hereby amended to read as follows: 482.480 There must be paid to the department for the registration or2-34
the transfer or reinstatement of the registration of motor vehicles, trailers2-35
and semitrailers, fees according to the following schedule:2-36
1. Except as otherwise provided in this section, for each stock2-37
passenger car and each reconstructed or specially constructed passenger car2-38
registered to a person, regardless of weight or number of passenger2-39
capacity, a fee for registration of $33.2-40
2. Except as otherwise provided in subsection 3:2-41
(a) For each of the fifth and sixth such cars registered to a person for2-42
which special license plates have been issued pursuant to NRS 482.380,2-43
482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.3-1
(b) For each of the seventh and eighth such cars registered to a person3-2
for which special license plates have been issued pursuant to NRS 482.380,3-3
482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.3-4
(c) For each of the ninth or more such cars registered to a person for3-5
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 $8.3-7
3. The fees specified in subsection 2 do not apply:3-8
(a) Unless the person registering the cars presents to the department at3-9
the time of registration the registrations of all of the cars registered to him.3-10
(b) To cars that are part of a fleet.3-11
4. For every motorcycle, a fee for registration of $33 and for each3-12
motorcycle other than a trimobile, an additional fee of $6 for motorcycle3-13
safety. The additional fee must be deposited in the state highway fund for3-14
credit to the account for the program for the education of motorcycle riders.3-15
5. For each transfer of registration, a fee of $6 in addition to any other3-16
fees.3-17
6. To reinstate the registration of a motor vehicle suspended pursuant3-18
to NRS 485.317:3-19
(a) A fee of $250 for a registered owner who failed to have insurance on3-20
the date specified in the form for verification that was mailed by the3-21
department pursuant to subsection 2 of NRS 485.317; or3-22
(b) A fee of $50 for a registered owner of a dormant vehicle who3-23
canceled the insurance coverage for that vehicle or allowed the insurance3-24
coverage for that vehicle to expire without first canceling the registration3-25
for the vehicle in accordance with subsection 3 of NRS 485.320,3-26
both of which must be deposited in the account for verification of insurance3-27
which is hereby created in the state highway fund. Money in the account3-28
must be used to carry out the provisions of NRS 485.313 to 485.318,3-29
inclusive.3-30
7. For every travel trailer, a fee for registration of $27.3-31
8. For every permit for the operation of a golf cart, an annual fee of3-32
$10.3-33
9. To reinstate the registration of a motor vehicle that is suspended3-34
pursuant to section 2 of this act, a fee of $33.3-35
Sec. 5. NRS 483.460 is hereby amended to read as follows: 483.460 1. Except as otherwise provided by statute, the department3-37
shall revoke the license, permit or privilege of any driver upon receiving a3-38
record of his conviction of any of the following offenses, when that3-39
conviction has become final, and the driver is not eligible for a license,3-40
permit or privilege to drive for the period indicated:3-41
(a) For a period of 3 years if the offense is:3-42
(1) A violation of subsection 2 of NRS 484.377.3-43
(2) A third or subsequent violation within 7 years of NRS 484.379.4-1
(3) A violation of NRS 484.3795 or homicide resulting from driving a4-2
vehicle while under the influence of intoxicating liquor or a controlled4-3
substance.4-4
The period during which such a driver is not eligible for a license, permit or4-5
privilege to drive must be set aside during any period of imprisonment and4-6
the period of revocation must resume upon completion of the period of4-7
imprisonment or when the person is placed on residential confinement.4-8
(b) For a period of 1 year if the offense is:4-9
(1) Any other manslaughter resulting from the driving of a motor4-10
vehicle or felony in the commission of which a motor vehicle is used,4-11
including the unlawful taking of a motor vehicle.4-12
(2) Failure to stop and render aid as required pursuant to the laws of4-13
this state in the event of a motor vehicle accident resulting in the death or4-14
bodily injury of another.4-15
(3) Perjury or the making of a false affidavit or statement under oath4-16
to the department pursuant to NRS 483.010 to 483.630, inclusive, or4-17
pursuant to any other law relating to the ownership or driving of motor4-18
vehicles.4-19
(4) Conviction, or forfeiture of bail not vacated, upon three charges of4-20
reckless driving committed within a period of 12 months.4-21
(5) A second violation within 7 years of NRS 484.379 and4-22
4-23
eligible for a restricted license during any of that period.4-24
(6) A violation of NRS 484.348.4-25
(c) For a period of 90 days, if the offense is a first violation within 74-26
years of NRS 484.379.4-27
2. The department shall revoke the license, permit or privilege of a4-28
driver convicted of violating NRS 484.379 who fails to complete the4-29
educational course on the use of alcohol and controlled substances within4-30
the time ordered by the court and shall add a period of 90 days during4-31
which the driver is not eligible for a license, permit or privilege to drive.4-32
3. When the department is notified by a court that a person who has4-33
been convicted of4-34
484.379 has been permitted to enter a program of treatment pursuant to4-35
NRS 484.37937 ,4-36
the period during which he is not eligible for a license, permit or privilege4-37
to drive, but shall restore that reduction in time if notified that he was not4-38
accepted for or failed to complete the treatment.4-39
4. The department shall revoke the license, permit or privilege to drive4-40
of a person who is required to install a device pursuant to NRS 484.39434-41
but who operates a motor vehicle without such a device:4-42
(a) For 3 years, if it is his first such offense during the period of required4-43
use of the device.5-1
(b) For 5 years, if it is his second such offense during the period of5-2
required use of the device.5-3
5. A driver whose license, permit or privilege is revoked pursuant to5-4
subsection 4 is not eligible for a restricted license during the period set5-5
forth in paragraph (a) or (b) of that subsection, whichever5-6
applies.5-7
6. When the department is notified that a court has:5-8
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS5-9
62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the5-10
issuance of a child’s license;5-11
(b) Pursuant to NRS 206.330, ordered the suspension or delay in the5-12
issuance of a person’s license; or5-13
(c) Pursuant to NRS 62.227, ordered the revocation of a child’s5-15
the department shall take such actions as are necessary to carry out the5-16
court’s order.5-17
7. As used in this section, "device" has the meaning ascribed to it in5-18
NRS 484.3941.5-19
Sec. 6. NRS 483.490 is hereby amended to read as follows: 483.490 1. Except as otherwise provided in this section, after a5-21
driver’s license has been suspended or revoked for an offense other than a5-22
second violation within 7 years of NRS 484.379 and one-half of the period5-23
during which the driver is not eligible for a license has expired, the5-24
department may, unless the statute authorizing the suspension prohibits the5-25
issuance of a restricted license, issue a restricted driver’s license to an5-26
applicant permitting the applicant to drive a motor vehicle:5-27
(a) To and from work or in the course of his work, or both; or5-28
(b) To acquire supplies of medicine or food or receive regularly5-29
scheduled medical care for himself or a member of his immediate5-31
Before a restricted license may be issued, the applicant must submit5-32
sufficient documentary evidence to satisfy the department that a severe5-33
hardship exists because the applicant has no alternative means of5-34
transportation and that the severe hardship outweighs the risk to the public5-35
if he is issued a restricted license.5-36
2. A person who has been ordered to install a device in a motor vehicle5-37
5-38
(a) Shall install the device not later than 21 days after the date on which5-39
the order issued; and5-40
(b) May not receive a restricted license pursuant to this section until:5-41
(1) After at least5-42
not eligible for a license, if he was convicted of5-43
6-1
driving a vehicle while under the influence of intoxicating liquor or a6-2
controlled substance or if he was convicted of a third or subsequent6-3
violation within 7 years of NRS 484.379;6-4
(2) After at least6-5
eligible for a license, if he was convicted of6-6
6-7
(3) After at least 45 days of the period during which he is not eligible6-8
for a license, if he was convicted of a first violation within 7 years of NRS6-9
484.379.6-10
3. If the department has received a copy of an order requiring a person6-11
to install a device in a motor vehicle6-12
to NRS 484.3943, the department shall not issue a restricted driver’s6-13
license to such a person pursuant to this section unless the applicant has6-14
submitted proof of compliance with the order and subsection 2.6-15
4. After a driver’s license has been revoked pursuant to subsection 1 of6-16
NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of6-17
NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may6-18
issue a restricted driver’s license to an applicant permitting the applicant to6-19
drive a motor vehicle:6-20
(a) If applicable, to and from work or in the course of his work, or both;6-21
and6-22
(b) If applicable, to and from school.6-23
5. After a driver’s license has been suspended pursuant to NRS6-24
483.443, the department may issue a restricted driver’s license to an6-25
applicant permitting the applicant to drive a motor vehicle:6-26
(a) If applicable, to and from work or in the course of his work, or both;6-27
(b) To receive regularly scheduled medical care for himself or a member6-28
of his immediate family; and6-29
(c) If applicable, as necessary to exercise a court-ordered right to visit a6-30
child.6-31
6. A driver who violates a condition of a restricted license issued6-32
pursuant to subsection 1 or by another jurisdiction is guilty of a6-33
misdemeanor, and if his license was suspended or revoked for a violation of6-34
NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a6-35
vehicle while under the influence of intoxicating liquor or a controlled6-36
substance, or the violation of a law of any other jurisdiction which prohibits6-37
the same conduct, he shall be punished in the manner provided pursuant to6-38
subsection 2 of NRS 483.560.6-39
7. The periods of suspensions and revocations required pursuant to this6-40
chapter and NRS 484.384 must run consecutively, except as otherwise6-41
provided in NRS 483.465 and 483.475, when the suspensions must run6-42
concurrently.7-1
8. Whenever the department suspends or revokes a license, the period7-2
of suspension, or of ineligibility for a license after the revocation, begins7-3
upon the effective date of the revocation or suspension as contained in the7-4
notice thereof.7-5
Sec. 7. Chapter 484 of NRS is hereby amended by adding thereto a7-6
new section to read as follows:7-7
1. If a person is convicted of a second or subsequent violation of7-8
NRS 484.379 or 484.3795 within 7 years, the court shall issue an order7-9
directing the department to suspend the registration of each motor7-10
vehicle that is registered to or owned by the person for 5 days.7-11
2. If a court issues an order directing the department to suspend the7-12
registration of a motor vehicle pursuant to subsection 1, the court shall7-13
forward a copy of the order to the department within 5 days after issuing7-14
the order. The order must include, without limitation, information7-15
concerning each motor vehicle that is registered to or owned by the7-16
person, including, without limitation, the registration number of the7-17
motor vehicle, if such information is available.7-18
3. A court shall provide for limited exceptions to the provisions of7-19
subsection 1 on an individual basis to avoid undue hardship to a person7-20
other than the person to whom that provision applies. Such an exception7-21
must be provided if the court determines that:7-22
(a) A member of the immediate family of the person whose7-23
registration is suspended needs to use the motor vehicle:7-24
(1) To travel to or from work or in the course and scope of his7-25
employment;7-26
(2) To obtain medicine, food or other necessities or to obtain health7-27
care services for himself or another member of his immediate family; or7-28
(3) To transport himself or another member of his immediate7-29
family to or from school; or7-30
(b) An alternative means of transportation is not available to a7-31
member of the immediate family of the person whose registration is7-32
suspended.7-33
Sec. 8. NRS 484.3792 is hereby amended to read as follows: 484.3792 1. A person who violates the provisions of NRS 484.379:7-35
(a) For the first offense within 7 years, is guilty of a misdemeanor.7-36
Unless he is allowed to undergo treatment as provided in NRS 484.37937,7-37
the court shall:7-38
(1) Except as otherwise provided in subsection 6, order him to pay7-39
tuition for an educational course on the abuse of alcohol and controlled7-40
substances approved by the department and complete the course within the7-41
time specified in the order, and the court shall notify the department if he7-42
fails to complete the course within the specified time;8-1
(2) Unless the sentence is reduced pursuant to NRS 484.37937,8-2
sentence him to imprisonment for not less than 2 days nor more than 68-3
months in jail, or to perform 96 hours of work for the community while8-4
dressed in distinctive garb that identifies him as having violated the8-5
provisions of NRS 484.379; and8-6
(3) Fine him not less than $400 nor more than $1,000.8-7
(b) For a second offense within 7 years, is guilty of a misdemeanor.8-8
Unless the sentence is reduced pursuant to NRS 484.3794, the court:8-9
(1) Shall sentence him to:8-10
(I) Imprisonment for not less than 10 days nor more than 6 months8-11
in jail; or8-12
(II) Residential confinement for not less than 10 days nor more8-13
than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,8-14
or 5.0755 to 5.078, inclusive;8-15
(2) Shall fine him not less than $750 nor more than $1,000;8-16
(3) Shall order him to perform not less than 100 hours, but not more8-17
than 200 hours, of work for the community while dressed in distinctive garb8-18
that identifies him as having violated the provisions of NRS 484.379,8-19
unless the court finds that extenuating circumstances exist; and8-20
(4) May order him to attend a program of treatment for the abuse of8-21
alcohol or drugs pursuant to the provisions of NRS 484.37945.8-22
A person who willfully fails or refuses to complete successfully a term of8-23
residential confinement or a program of treatment ordered pursuant to this8-24
paragraph is guilty of a misdemeanor.8-25
(c) For a third or subsequent offense within 7 years, is guilty of a8-26
category B felony and shall be punished by imprisonment in the state prison8-27
for a minimum term of not less than 1 year and a maximum term of not8-28
more than 6 years, and shall be further punished by a fine of not less than8-29
$2,000 nor more than $5,000. An offender so imprisoned must, insofar as8-30
practicable, be segregated from offenders whose crimes were violent and,8-31
insofar as practicable, be assigned to an institution or facility of minimum8-32
security.8-33
2. An offense that occurred within 7 years immediately preceding the8-34
date of the principal offense or after the principal offense constitutes a prior8-35
offense for the purposes of this section when evidenced by a conviction,8-36
without regard to the sequence of the offenses and convictions. The facts8-37
concerning a prior offense must be alleged in the complaint, indictment or8-38
information, must not be read to the jury or proved at trial but must be8-39
proved at the time of sentencing and, if the principal offense is alleged to8-40
be a felony, must also be shown at the preliminary examination or8-41
presented to the grand jury.8-42
3. A person convicted of violating the provisions of NRS 484.379 must8-43
not be released on probation, and a sentence imposed for violating those9-1
provisions must not be suspended except, as provided in NRS 4.373, 5.055,9-2
484.37937 and 484.3794, that portion of the sentence imposed that exceeds9-3
the mandatory minimum. A prosecuting attorney shall not dismiss a charge9-4
of violating the provisions of NRS 484.379 in exchange for a plea of guilty,9-5
guilty but mentally ill or nolo contendere to a lesser charge or for any other9-6
reason unless he knows or it is obvious that the charge is not supported by9-7
probable cause or cannot be proved at the time of trial.9-8
4. A term of confinement imposed pursuant to the provisions of this9-9
section may be served intermittently at the discretion of the judge or justice9-10
of the peace, except that a person who is convicted of a second or9-11
subsequent offense within 7 years must be confined for at least one segment9-12
of not less than 48 consecutive hours. This discretion must be exercised9-13
after considering all the circumstances surrounding the offense, and the9-14
family and employment of the offender, but any sentence of 30 days or less9-15
must be served within 6 months after the date of conviction or, if the9-16
offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the9-17
suspension of his sentence was revoked, within 6 months after the date of9-18
revocation. Any time for which the offender is confined must consist of not9-19
less than 24 consecutive hours.9-20
5. Jail sentences simultaneously imposed pursuant to this section and9-21
NRS 483.560 or 485.330 or section 3 of this act must run consecutively.9-22
6. If the person who violated the provisions of NRS 484.379 possesses9-23
a driver’s license issued by a state other than the State of Nevada and does9-24
not reside in the State of Nevada, in carrying out the provisions of9-25
subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:9-26
(a) Order the person to pay tuition for and submit evidence of9-27
completion of an educational course on the abuse of alcohol and controlled9-28
substances approved by a governmental agency of the state of his residence9-29
within the time specified in the order; or9-30
(b) Order him to complete an educational course by correspondence on9-31
the abuse of alcohol and controlled substances approved by the department9-32
within the time specified in the order,9-33
and the court shall notify the department if the person fails to complete the9-34
assigned course within the specified time.9-35
7. If the defendant was transporting a person who is less than 15 years9-36
of age in the motor vehicle at the time of the violation, the court shall9-37
consider that fact as an aggravating factor in determining the sentence of9-38
the defendant.9-39
8. As used in this section, unless the context otherwise requires,9-40
"offense" means a violation of NRS 484.379 or 484.3795 or a homicide9-41
resulting from the driving of a vehicle while under the influence of9-42
intoxicating liquor or a controlled substance, or the violation of a law of9-43
any other jurisdiction that prohibits the same or similar conduct.10-1
Sec. 9. NRS 484.3943 is hereby amended to read as follows: 484.3943 1. Except as otherwise provided in subsection 5, a court:10-3
(a) May order a person convicted of a first violation of NRS 484.379,10-4
for a period of not less than 3 months nor more than 6 months; and10-5
(b)10-6
10-7
10-8
10-9
NRS 484.379 or a violation of NRS 484.3795, for a period of not less than10-10
12 months nor more than 36 months,10-11
to install at his own expense a device in any motor vehicle which he owns10-12
or operates as a condition to obtaining a restricted license pursuant to10-13
subsection 3 of NRS 483.490.10-14
2. A court may order a person convicted of a violation of NRS 484.37910-15
or 484.3795, for a period determined by the court, to install at his own10-16
expense a device in any motor vehicle which he owns or operates as a10-17
condition of reinstatement of his driving privilege.10-18
3. If the court orders a person to install a device pursuant to subsection10-19
1 or 2:10-20
(a) The court shall immediately prepare and transmit a copy of its order10-21
to the director. The order must include a statement that a device is required10-22
and the specific period for which it is required. The director shall cause this10-23
information to be incorporated into the records of the department and noted10-24
as a restriction on the person’s driver’s license.10-25
(b) The person who is required to install the device shall provide proof10-26
of compliance to the department before he may receive a restricted license10-27
or before his driving privilege may be reinstated, as applicable. Each model10-28
of a device installed pursuant to this section must have been certified by the10-29
committee on testing for intoxication.10-30
4. A person whose driving privilege is restricted pursuant to this10-31
section shall:10-32
(a) If he was ordered to install a device pursuant to paragraph (a) of10-33
subsection 1, have the device inspected by the manufacturer of the device10-34
or its agent at least one time during the period in which he is required to use10-35
the device; or10-36
(b) If he was ordered to install a device pursuant to paragraph (b)10-37
10-38
device or its agent at least one time each 90 days,10-39
to determine whether the device is operating properly. An inspection10-40
required pursuant to this subsection must be conducted in accordance with10-41
regulations adopted pursuant to NRS 484.3888. The manufacturer or its10-42
agent shall submit a report to the director indicating whether the device is10-43
operating properly and whether it has been tampered with. If the device has11-1
been tampered with, the director shall notify the court that ordered the11-2
installation of the device.11-3
5. If a person is required to operate a motor vehicle in the course and11-4
scope of his employment and the motor vehicle is owned by his employer,11-5
the person may operate that vehicle without the installation of a device, if:11-6
(a) The employee notifies his employer that the employee’s driving11-7
privilege has been so restricted; and11-8
(b) The employee has proof of that notification in his possession or the11-9
notice, or a facsimile copy thereof, is with the motor vehicle.11-10
This exemption does not apply to a motor vehicle owned by a business11-11
which is all or partly owned or controlled by the person otherwise subject11-12
to this section.11-13
Sec. 10. NRS 4.3762 is hereby amended to read as follows: 4.3762 1. Except as otherwise provided in subsection11-15
of imposing any punishment other than a minimum sentence11-16
required by statute, a justice of the peace may sentence a person convicted11-17
of a misdemeanor to a term of residential confinement. In making this11-18
determination, the justice of the peace shall consider the criminal record of11-19
the convicted person and the seriousness of the crime committed.11-20
2. In sentencing a convicted person to a term of residential11-21
confinement, the justice of the peace shall:11-22
(a) Require the convicted person to be confined to his residence during11-23
the time he is away from his employment, public service or other activity11-24
authorized by the justice of the peace; and11-25
(b) Require intensive supervision of the convicted person, including,11-26
without limitation, electronic surveillance and unannounced visits to his11-27
residence or other locations where he is expected to be to determine11-28
whether he is complying with the terms of his sentence.11-29
3. In sentencing a convicted person to a term of residential11-30
confinement, the justice of the peace may, when the circumstances warrant,11-31
require the convicted person to submit to:11-32
(a) A search and seizure by the chief of a department of alternative11-33
sentencing, an assistant alternative sentencing officer or any other law11-34
enforcement officer at any time of the day or night without a search11-35
warrant; and11-36
(b) Periodic tests to determine whether the offender is using a controlled11-37
substance or consuming alcohol.11-38
4.11-39
device may be used to supervise a convicted person sentenced to a term of11-40
residential confinement. The device must be minimally intrusive and11-41
limited in capability to recording or transmitting information concerning11-42
the presence of the person at his residence, including, but not limited to, the11-43
transmission of still visual images which do not concern the activities of the12-1
person while inside his residence. A device which is capable of recording12-2
or transmitting:12-3
(a) Oral or wire communications or any auditory sound; or12-4
(b) Information concerning the activities of the person while inside his12-5
residence,12-6
must not be used.12-7
5. An electronic device must be used in the manner set forth in12-8
subsection 4 to supervise a person who is sentenced pursuant to12-9
paragraph (b) of subsection 1 of NRS 484.3792 for a second violation12-10
within 7 years of driving under the influence of intoxicating liquor or a12-11
controlled substance.12-12
6. A term of residential confinement, together with the term of any12-13
minimum sentence12-14
maximum sentence which otherwise could have been imposed for the12-15
offense.12-16
12-17
of committing a battery which constitutes domestic violence pursuant to12-18
NRS 33.018 to a term of residential confinement in lieu of imprisonment12-19
unless the justice of the peace makes a finding that the person is not likely12-20
to pose a threat to the victim of the battery.12-21
12-22
convicted person who violates or fails to fulfill a condition of residential12-23
confinement.12-24
Sec. 11. NRS 5.076 is hereby amended to read as follows: 5.076 1. Except as otherwise provided in subsection12-26
imposing any punishment other than a minimum sentence12-27
required by statute, a municipal judge may sentence a person convicted of12-28
a misdemeanor to a term of residential confinement. In making this12-29
determination, the municipal judge shall consider the criminal record of the12-30
convicted person and the seriousness of the crime committed.12-31
2. In sentencing a convicted person to a term of residential12-32
confinement, the municipal judge shall:12-33
(a) Require the convicted person to be confined to his residence during12-34
the time he is away from his employment, public service or other activity12-35
authorized by the municipal judge; and12-36
(b) Require intensive supervision of the convicted person, including,12-37
without limitation, electronic surveillance and unannounced visits to his12-38
residence or other locations where he is expected to be in order to12-39
determine whether he is complying with the terms of his sentence.12-40
3. In sentencing a convicted person to a term of residential12-41
confinement, the municipal judge may, when the circumstances warrant,12-42
require the convicted person to submit to:13-1
(a) A search and seizure by the chief of a department of alternative13-2
sentencing, an assistant alternative sentencing officer or any other law13-3
enforcement officer at any time of the day or night without a search13-4
warrant; and13-5
(b) Periodic tests to determine whether the offender is using a controlled13-6
substance or consuming alcohol.13-7
4.13-8
device may be used to supervise a convicted person sentenced to a term of13-9
residential confinement. The device must be minimally intrusive and13-10
limited in capability to recording or transmitting information concerning13-11
the presence of the person at his residence, including, but not limited to, the13-12
transmission of still visual images which do not concern the activities of the13-13
person while inside his residence. A device which is capable of recording13-14
or transmitting:13-15
(a) Oral or wire communications or any auditory sound; or13-16
(b) Information concerning the activities of the person while inside his13-17
residence,13-18
must not be used.13-19
5. An electronic device must be used in the manner set forth in13-20
subsection 4 to supervise a person who is sentenced pursuant to13-21
paragraph (b) of subsection 1 of NRS 484.3792 for a second violation13-22
within 7 years of driving under the influence of intoxicating liquor or a13-23
controlled substance.13-24
6. A term of residential confinement, together with the term of any13-25
minimum sentence13-26
maximum sentence which otherwise could have been imposed for the13-27
offense.13-28
13-29
committing a battery which constitutes domestic violence pursuant to NRS13-30
33.018 to a term of residential confinement in lieu of imprisonment unless13-31
the municipal judge makes a finding that the person is not likely to pose a13-32
threat to the victim of the battery.13-33
13-34
convicted person who violates or fails to fulfill a condition of residential13-35
confinement.13-36
Sec. 12. NRS 458.260 is hereby amended to read as follows: 458.260 1. Except as otherwise provided in subsection 2, the use of13-38
alcohol, the status of drunkard and the fact of being found in an intoxicated13-39
condition are not:13-40
(a) Public offenses and shall not be so treated in any ordinance or13-41
resolution of a county, city or town.13-42
(b) Elements of an offense giving rise to a criminal penalty or civil13-43
sanction.14-1
2. The provisions of subsection 1 do not apply to:14-2
(a) The provisions of NRS 483.460, 483.490, subsection 2 of NRS14-3
483.560 and NRS 484.38414-4
(b) An offense for which intoxication is an element of the offense14-5
pursuant to the provisions of a specific statute;14-6
(c) A homicide resulting from driving, operating or being in actual14-7
physical control of a vehicle or a vessel under power or sail while under the14-8
influence of intoxicating liquor or a controlled substance; and14-9
(d) Any offense similar to an offense set forth in paragraph (a), (b) or (c)14-10
that is set forth in an ordinance or resolution of a county, city or town.14-11
3. This section does not make intoxication an excuse or defense for any14-12
criminal act.14-13
Sec. 13. Section 1.9 of chapter 551, Statutes of Nevada 1997, at page14-14
2647, is hereby amended to read as follows:14-15
Sec. 1.9. NRS 482.480 is hereby amended to read as follows:14-16
482.480 There must be paid to the department for the14-17
registration or the transfer or reinstatement of the registration of14-18
motor vehicles, trailers and semitrailers, fees according to the14-19
following schedule:14-20
1. Except as otherwise provided in this section, for each stock14-21
passenger car and each reconstructed or specially constructed14-22
passenger car registered to a person, regardless of weight or number14-23
of passenger capacity, a fee for registration of $33.14-24
2. Except as otherwise provided in subsection 3:14-25
(a) For each of the fifth and sixth such cars registered to a person14-26
,14-27
14-28
registration of $16.50.14-29
(b) For each of the seventh and eighth such cars registered to a14-30
person ,14-31
14-32
for registration of $12.14-33
(c) For each of the ninth or more such cars registered to a person14-34
,14-35
14-36
registration of $8.14-37
3. The fees specified in subsection 2 do not apply:14-38
(a) Unless the person registering the cars presents to the14-39
department at the time of registration the registrations of all of the14-40
cars registered to him.14-41
(b) To cars that are part of a fleet.14-42
4. For every motorcycle, a fee for registration of $33 and for14-43
each motorcycle other than a trimobile, an additional fee of $6 for15-1
motorcycle safety. The additional fee must be deposited in the state15-2
highway fund for credit to the account for the program for the15-3
education of motorcycle riders.15-4
5. For each transfer of registration , a fee of $6 in addition to15-5
any other fees.15-6
6. To reinstate the registration of a motor vehicle suspended15-7
pursuant to NRS 485.317:15-8
(a) A fee of $250 for a registered owner who failed to have15-9
insurance on the date specified in the form for verification that was15-10
mailed by the department pursuant to subsection 2 of NRS 485.317;15-11
or15-12
(b) A fee of $50 for a registered owner of a dormant vehicle who15-13
canceled the insurance coverage for that vehicle or allowed the15-14
insurance coverage for that vehicle to expire without first canceling15-15
the registration for the vehicle in accordance with subsection 3 of15-16
NRS 485.320,15-17
both of which must be deposited in the account for verification of15-18
insurance which is hereby created in the state highway fund. Money15-19
in the account must be used to carry out the provisions of NRS15-20
485.313 to 485.318, inclusive.15-21
7. For every travel trailer, a fee for registration of $27.15-22
8. For every permit for the operation of a golf cart, an annual15-23
fee of $10.15-24
9. To reinstate the registration of a motor vehicle that is15-25
suspended pursuant to section 2 of this act, a fee of $33.15-26
Sec. 14. The amendatory provisions of this act do not apply to acts15-27
that were committed before October 1, 2000.15-28
Sec. 15. This act becomes effective on October 1, 2000.~