EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 483.461 is hereby amended to read as follows:

1-2 483.461 1. If subsection 1 of NRS 484.379 does not apply and the

1-11 shall:

2-1 (a) Cancel the suspension ordered pursuant to subsection 1; and

2-2 (b) Give the person credit toward the period of revocation or suspension

2-3 ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is

2-4 applicable, for any period during which the person’s license, permit or

2-5 privilege to drive was suspended pursuant to subsection 1.

2-6 3. This section does not preclude:

2-7 (a) The prosecution of a person for a violation of any other provision of

2-8 law; or

2-9 (b) The suspension or revocation of a person’s license, permit or

2-10 privilege to drive pursuant to any other provision of law.

2-11 Sec. 2. NRS 483.462 is hereby amended to read as follows:

2-12 483.462 1. [A peace officer who has received the result of] If

3-1 3. If subsection 1 of NRS 484.379 does not apply and a person who is

3-2 less than 21 years of age to whom a test is given pursuant to NRS 484.382

3-3 or 484.383 is not present when a peace officer receives the result of the test

3-4 and the test indicates that the person has 0.02 or more but less than 0.10

3-5 percent by weight of alcohol in his blood, the peace officer shall transmit to

3-6 the department a copy of the result of the test and the written certificate

3-7 which the peace officer is required to prepare pursuant to subsection 1.

3-8 4. The department, upon receiving a copy of the result of the test and

3-9 the written certificate transmitted by the peace officer pursuant to

3-10 subsection 3, shall:

3-11 (a) Review the result of the test and the written certificate; and

3-12 (b) If the department determines that it is appropriate, issue an order to

3-13 suspend the license, permit or privilege to drive of the person by mailing

3-14 the order to the person at his last known address.

3-15 5. An order for suspension issued by the department pursuant to

3-16 subsection 4 must:

3-17 (a) Explain the grounds for the suspension;

3-18 (b) Indicate the period of the suspension;

3-19 (c) Require the person to transmit to the department any license or

3-20 permit held by the person; and

3-21 (d) Explain that the person has a right to administrative and judicial

3-22 review of the suspension.

3-23 6. An order for suspension issued by the department pursuant to

3-24 subsection 4 is presumed to have been received by the person 5 days after

3-25 the order is deposited, postage prepaid, in the United States mail by the

3-26 department. The date of mailing of the order may be shown by a certificate

3-27 that is prepared by an officer or employee of the department specifying the

3-28 date of mailing.

3-29 Sec. 3. Chapter 484 of NRS is hereby amended by adding thereto the

3-30 provisions set forth as sections 4 and 5 of this act.

3-31 Sec. 4. The phrase "at least 0.08 percent, but less than 0.10 percent,

3-32 by weight of alcohol in his blood" means a concentration of alcohol in

3-33 the blood or breath of a person of at least 0.08 gram, but less than 0.10

3-34 gram, by weight of alcohol:

3-35 1. Per 100 milliliters of his blood; or

3-36 2. Per 210 liters of his breath.

3-37 Sec. 5. The phrase "0.08 percent or more by weight of alcohol in his

3-38 blood" means a concentration of alcohol in the blood or breath of a

3-39 person of 0.08 gram or more by weight of alcohol:

3-40 1. Per 100 milliliters of his blood; or

3-41 2. Per 210 liters of his breath.

4-1 Sec. 6. NRS 484.013 is hereby amended to read as follows:

4-2 484.013 As used in this chapter, unless the context otherwise requires,

4-5 sections.

4-6 Sec. 7. NRS 484.0135 is hereby amended to read as follows:

4-7 484.0135 The phrase "0.10 percent or more by weight of alcohol in his

4-11 2. Per 210 liters of his breath.

4-12 Sec. 8. NRS 484.379 is hereby amended to read as follows:

4-13 484.379 1. [It is unlawful for any person] Unless a greater penalty is

4-43 organic solvent, or any compound or combination of any of these, to a

5-1 degree which renders him incapable of safely driving or exercising actual

5-2 physical control of a vehicle [to drive or be in actual physical control of a

5-3 vehicle on a highway or on premises to which the public has access.] ,

5-4 shall be punished as provided in NRS 484.3792. The fact that any person

5-5 charged with a violation of this subsection is or has been entitled to use that

5-6 drug under the laws of this state is not a defense against any charge of

5-7 violating this subsection.

5-8 [3.] 4. If consumption is proven by a preponderance of the evidence, it

5-9 is an affirmative defense under paragraph [(c)] (b) of subsection 1 or

5-10 paragraph (c) of subsection 2 that the defendant consumed a sufficient

5-11 quantity of alcohol after driving or being in actual physical control of the

5-12 vehicle, and before his blood was tested, to cause the alcohol in his blood

5-13 to equal or exceed [0.10 percent.] the percentage set forth in the

5-14 applicable paragraph. A defendant who intends to offer this defense at a

5-15 trial or preliminary hearing must, not less than 14 days before the trial or

5-16 hearing or at such other time as the court may direct, file and serve on the

5-17 prosecuting attorney a written notice of that intent.

5-18 Sec. 9. NRS 484.37943 is hereby amended to read as follows:

5-19 484.37943 1. If a person is found guilty of a first violation [,] of NRS

5-43 required for the offender.

6-1 4. The evaluation of an offender who resides more than 30 miles from

6-2 an evaluation center may be conducted outside an evaluation center by a

6-3 person who has the qualifications set forth in subsection 3. The person who

6-4 conducts the evaluation shall report to the court the results of the evaluation

6-5 and make a recommendation to the court concerning the length and type of

6-6 treatment required for the offender.

6-7 5. The evaluation of an offender who resides in another state may,

6-8 upon approval of the court, be conducted in the state where the offender

6-9 resides by a physician or other person who is authorized by the appropriate

6-10 governmental agency in that state to conduct such an evaluation. The

6-11 offender shall ensure that the results of the evaluation and the

6-12 recommendation concerning the length and type of treatment for the

6-13 offender are reported to the court.

6-14 6. An offender who is evaluated pursuant to this section shall pay the

6-15 cost of the evaluation. An evaluation center or a person who conducts an

6-16 evaluation in this state outside an evaluation center shall not charge an

6-17 offender more than $100 for the evaluation.

6-18 Sec. 10. NRS 484.3795 is hereby amended to read as follows:

6-19 484.3795 1. A person who:

6-43 mentally ill or nolo contendere to a lesser charge or for any other reason

7-1 unless he knows or it is obvious that the charge is not supported by

7-2 probable cause or cannot be proved at the time of trial. A sentence imposed

7-3 pursuant to subsection 1 [may] must not be suspended [nor may] and

7-4 probation must not be granted.

7-5 3. If consumption is proven by a preponderance of the evidence, it is

7-6 an affirmative defense under paragraph (c) of subsection 1 that the

7-7 defendant consumed a sufficient quantity of alcohol after driving or being

7-8 in actual physical control of the vehicle, and before his blood was tested, to

7-9 cause the alcohol in his blood to equal or exceed [0.10] 0.08 percent. A

7-10 defendant who intends to offer this defense at a trial or preliminary hearing

7-11 must, not less than 14 days before the trial or hearing or at such other time

7-12 as the court may direct, file and serve on the prosecuting attorney a written

7-13 notice of that intent.

7-14 4. If the defendant was transporting a person who is less than 15 years

7-15 of age in the motor vehicle at the time of the violation, the court shall

7-16 consider that fact as an aggravating factor in determining the sentence of

7-17 the defendant.

7-18 Sec. 11. NRS 484.384 is hereby amended to read as follows:

7-19 484.384 1. If the result of a test given [under] pursuant to NRS

7-34 which are imposed pursuant to this section must run consecutively.

7-35 Sec. 12. NRS 484.385 is hereby amended to read as follows:

7-36 484.385 1. As agent for the department, the officer who obtained the

7-42 person is present, and shall seize his license or permit to drive. [The]

8-1 2. After an officer serves an order of revocation of a driver’s license,

8-2 permit or privilege to drive on a person pursuant to subsection 1, the

8-3 officer shall then advise [him] the person served of his right to

8-4 administrative and judicial review of the revocation and to have a

8-5 temporary license, and shall issue him a temporary license on a form

8-6 approved by the department if he requests one . [, which] Such a

8-7 temporary license is effective for only 7 days including the date of

8-8 issuance. The officer shall immediately transmit the person’s license or

8-9 permit to the department along with the written certificate required by

8-10 subsection [2.] 3.

8-11 [2.] 3. When a police officer has served an order of revocation of a

8-12 driver’s license, permit or privilege on a person pursuant to subsection 1, or

8-13 later receives the result of an evidentiary test which indicates that a person,

8-14 not then present, [had 0.10 percent or more by weight of alcohol in his

8-15 blood] violated subsection 1 or subsection 2 of NRS 484.379 or had a

8-16 detectable amount of a controlled substance in his system, the officer shall

8-17 immediately prepare and transmit to the department, together with the

8-18 seized license or permit and a copy of the result of the test, a written

8-19 certificate that he had reasonable grounds to believe that the person had

8-20 been driving or in actual physical control of a vehicle [with 0.10 percent or

8-21 more by weight of alcohol in his blood] in violation of subsection 1 or

8-22 subsection 2 of NRS 484.379 or with a detectable amount of a controlled

8-23 substance in his system, as determined by a chemical test. The certificate

8-24 must also indicate whether the officer served an order of revocation on the

8-25 person and whether he issued the person a temporary license.

8-26 [3.] 4. The department, upon receipt of [such] a certificate for which an

8-27 order of revocation has not been served, after examining the certificate and

8-28 copy of the result of the chemical test, if any, and finding that revocation is

8-29 proper, shall issue an order revoking the person’s license, permit or

8-30 privilege to drive by mailing the order to the person at his last known

8-31 address. The order must indicate the grounds for the revocation and the

8-32 period during which the person is not eligible for a license, permit or

8-33 privilege to drive and state that the person has a right to administrative and

8-34 judicial review of the revocation and to have a temporary license. The order

8-35 of revocation becomes effective 5 days after mailing.

8-36 [4.] 5. Notice of an order of revocation and notice of the affirmation of

8-37 a prior order of revocation or the cancellation of a temporary license

8-38 provided in NRS 484.387 is sufficient if it is mailed to the person’s last

8-39 known address as shown by any application for a license. The date of

8-40 mailing may be proved by the certificate of any officer or employee of the

8-41 department, specifying the time of mailing the notice. The notice is

8-42 presumed to have been received upon the expiration of 5 days after it is

8-43 deposited, postage prepaid, in the United States mail.

9-1 [5.] 6. As used in this section, "controlled substance" means any of the

9-2 following substances for which a valid prescription has not been issued to

9-3 the consumer:

9-4 (a) Amphetamine;

9-5 (b) Benzoylecgonine;

9-6 (c) Cocaine;

9-7 (d) Heroin;

9-8 (e) Lysergic acid diethylamide;

9-9 (f) Mecloqualone;

9-10 (g) Mescaline;

9-11 (h) Methamphetamine;

9-12 (i) Methaqualone;

9-13 (j) Monoacetylmorphine;

9-14 (k) Phencyclidine;

9-15 (l) N-ethylamphetamine;

9-16 (m) N, N-dimethylamphetamine;

9-17 (n) 2, 5-dimethoxyamphetamine;

9-18 (o) 3, 4-methylenedioxyamphetamine;

9-19 (p) 3, 4, 5-trimethoxyamphetamine;

9-20 (q) 4-bromo-2, 5-dimethoxyamphetamine;

9-21 (r) 4-methoxyamphetamine;

9-22 (s) 4-methyl-2, 5-dimethoxyamphetamine;

9-23 (t) 5-dimethoxy-alpha-methylphenethylamine; or

9-24 (u) 5-methoxy-3, 4-methylenedioxyamphetamine,

9-25 if the substance is classified in schedule I or II pursuant to NRS 453.166 or

9-26 453.176 at the time the substance is consumed.

9-27 Sec. 13. NRS 484.387 is hereby amended to read as follows:

9-28 484.387 1. At any time while a person is not eligible for a license,

9-42 484.379 or had a detectable amount of a controlled substance in his system.

10-1 Upon an affirmative finding on this issue, the department shall affirm the

10-2 order of revocation. Otherwise, the order of revocation must be rescinded.

10-3 3. If, after the hearing, the order of revocation is affirmed, the person

10-4 whose license, privilege or permit has been revoked is entitled to a review

10-5 of the same issues in district court in the same manner as provided by

10-6 chapter 233B of NRS. The court shall notify the department upon the

10-7 issuance of a stay and the department shall issue an additional temporary

10-8 license for a period which is sufficient to complete the review.

10-9 4. If a hearing officer grants a continuance of a hearing at the request

10-10 of the person whose license was revoked, or a court does so after issuing a

10-11 stay of the revocation, the officer or court shall notify the department, and

10-12 the department shall cancel the temporary license and notify the holder by

10-13 mailing the order of cancellation to his last known address.

10-14 Sec. 14. NRS 484.791 is hereby amended to read as follows:

10-15 484.791 1. Any peace officer may, without a warrant, arrest a person

10-43 he must be taken without unnecessary delay before the proper magistrate as

11-1 specified in NRS 484.803, except that in the case of either of the offenses

11-2 designated in paragraphs (e) and (f) a peace officer has the same discretion

11-3 as is provided in other cases in NRS 484.795.

11-4 Sec. 15. Chapter 488 of NRS is hereby amended by adding thereto the

11-5 provisions set forth as sections 16, 17 and 18 of this act.

11-6 Sec. 16. As used in NRS 488.405, 488.410 and 488.420 and sections

11-7 16, 17 and 18 of this act, unless the context otherwise requires, the words

11-8 and terms defined in NRS 488.405 and sections 17 and 18 of this act

11-9 have the meanings ascribed to them in those sections.

11-10 Sec. 17. The phrase "at least 0.08 percent, but less than 0.10

11-11 percent, by weight of alcohol in his blood" means a concentration of

11-12 alcohol in the blood or breath of a person of at least 0.08 gram, but less

11-13 than 0.10 gram, by weight of alcohol:

11-14 1. Per 100 milliliters of his blood; or

11-15 2. Per 210 liters of his breath.

11-16 Sec. 18. The phrase "0.08 percent or more by weight of alcohol in

11-17 his blood" means a concentration of alcohol in the blood or breath of a

11-18 person of 0.08 gram or more by weight of alcohol:

11-19 1. Per 100 milliliters of his blood; or

11-20 2. Per 210 liters of his breath.

11-21 Sec. 19. NRS 488.405 is hereby amended to read as follows:

11-22 488.405 [As used in NRS 488.410 and 488.420, the] The phrase "0.10

11-27 2. Per 210 liters of his breath.

11-28 Sec. 20. NRS 488.410 is hereby amended to read as follows:

11-29 488.410 1. [It is unlawful for any person] Unless a greater penalty is

11-43 (b) Has 0.10 percent or more by weight of alcohol in his blood; or

12-1 (c) Is found by measurement within 2 hours after operating or being in

12-2 actual physical control of a vessel to have 0.10 percent or more by weight

12-3 of alcohol in his blood,

12-4 [to operate or be in actual physical control of a vessel under power or sail

12-5 on the waters of this state.

12-6 2. It is unlawful for any person]

12-7 is guilty of a misdemeanor.

12-8 3. Unless a greater penalty is provided pursuant to NRS 488.420, a

12-9 person who operates or is in actual physical control of a vessel under

12-10 power or sail on the waters of this state who:

12-11 (a) Is under the influence of any controlled substance;

12-12 (b) Is under the combined influence of intoxicating liquor and a

12-13 controlled substance; or

12-14 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

12-15 organic solvent, or any compound or combination of any of these, to a

12-16 degree which renders him incapable of safely operating or exercising actual

12-17 physical control of a vessel under power or sail,

12-18 [to operate or exercise actual physical control of a vessel under power or

12-19 sail on the waters of this state.

12-20 3.]

12-21 is guilty of a misdemeanor.

12-22 4. If consumption is proven by a preponderance of the evidence, it is

12-23 an affirmative defense under paragraph [(c)] (b) of subsection 1 or

12-24 paragraph (c) of subsection 2 that the defendant consumed a sufficient

12-25 quantity of alcohol after operating or being in actual physical control of the

12-26 vessel, and before his blood was tested, to cause the alcohol in his blood to

12-27 equal or exceed [0.10 percent.] the percentage set forth in the applicable

12-28 paragraph. A defendant who intends to offer this defense at a trial or

12-29 preliminary hearing must, not less than 14 days before the trial or hearing

12-30 or at such other time as the court may direct, file and serve on the

12-31 prosecuting attorney a written notice of that intent.

12-32 Sec. 21. NRS 488.420 is hereby amended to read as follows:

12-33 488.420 1. A person who:

12-42 organic solvent, or any compound or combination of any of these, to a

13-1 degree which renders him incapable of safely operating or being in actual

13-2 physical control of a vessel under power or sail,

13-3 and does any act or neglects any duty imposed by law while operating or

13-4 being in actual physical control of any vessel under power or sail, if the act

13-5 or neglect of duty proximately causes the death of, or substantial bodily

13-6 harm to, a person other than himself, is guilty of a category B felony and

13-7 shall be punished by imprisonment in the state prison for a minimum term

13-8 of not less than 2 years and a maximum term of not more than 20 years and

13-9 shall be further punished by a fine of not less than $2,000 nor more than

13-10 $5,000. A person so imprisoned must, insofar as practicable, be segregated

13-11 from offenders whose crimes were violent and, insofar as practicable, be

13-12 assigned to an institution or facility of minimum security.

13-13 2. A prosecuting attorney shall not dismiss a charge of violating the

13-14 provisions of subsection 1 in exchange for a plea of guilty, guilty but

13-15 mentally ill or nolo contendere to a lesser charge or for any other reason

13-16 unless he knows or it is obvious that the charge is not supported by

13-17 probable cause or cannot be proved at the time of trial. A sentence imposed

13-18 pursuant to subsection 1 must not be suspended, and probation must not be

13-19 granted.

13-20 3. If consumption is proven by a preponderance of the evidence, it is

13-21 an affirmative defense under paragraph (c) of subsection 1 that the

13-22 defendant consumed a sufficient quantity of alcohol after operating or

13-23 being in actual physical control of the vessel under power or sail, and

13-24 before his blood was tested, to cause the alcohol in his blood to equal or

13-25 exceed [0.10] 0.08 percent. A defendant who intends to offer this defense at

13-26 a trial or preliminary hearing must, not less than 14 days before the trial or

13-27 hearing or at such other time as the court may direct, file and serve on the

13-28 prosecuting attorney a written notice of that intent.

13-29 4. If a person less than 15 years of age was in the vessel at the time of

13-30 the defendant’s violation, the court shall consider that fact as an

13-31 aggravating factor in determining the sentence of the defendant.

13-32 Sec. 22. NRS 209.392 is hereby amended to read as follows:

13-33 209.392 1. Except as otherwise provided in NRS 209.3925 and

13-43 the department of motor vehicles and public safety to serve a term of

14-1 residential confinement, pursuant to NRS 213.380, for not longer than the

14-2 remainder of his sentence.

14-3 2. Upon receiving a request to serve a term of residential confinement

14-4 from an eligible offender, the director shall notify the division of parole and

14-5 probation. If any victim of a crime committed by the offender has, pursuant

14-6 to subsection 3 of NRS 213.130, requested to be notified of an application

14-7 for parole and has provided a current address, the division of parole and

14-8 probation shall notify the victim of the offender’s request and advise the

14-9 victim that he may submit documents regarding the request to the division

14-10 of parole and probation. If a current address has not been provided as

14-11 required by subsection 3 of NRS 213.130, the division of parole and

14-12 probation must not be held responsible if such notification is not received

14-13 by the victim. All personal information, including, but not limited to, a

14-14 current or former address, which pertains to a victim and which is received

14-15 by the division of parole and probation pursuant to this subsection is

14-16 confidential.

14-17 3. The director, after consulting with the division of parole and

14-18 probation, shall adopt, by regulation, standards providing which offenders

14-19 are eligible for residential confinement. The standards adopted by the

14-20 director must provide that an offender who:

14-21 (a) Is not eligible for parole or release from prison within a reasonable

14-22 period;

14-23 (b) Has recently committed a serious infraction of the rules of an

14-24 institution or facility of the department;

14-25 (c) Has not performed the duties assigned to him in a faithful and

14-26 orderly manner;

14-27 (d) Has ever been convicted of:

14-28 (1) Any crime involving the use or threatened use of force or violence

14-29 against the victim; or

14-30 (2) A sexual offense;

14-31 (e) Has more than one prior conviction for any felony in this state or any

14-32 offense in another state that would be a felony if committed in this state, not

14-33 including a violation of NRS [484.3792] 484.379 or 484.3795;

14-34 (f) Has escaped or attempted to escape from any jail or correctional

14-35 institution for adults; or

14-36 (g) Has not made an effort in good faith to participate in or to complete

14-37 any educational or vocational program or any program of treatment, as

14-38 ordered by the director,

14-39 is not eligible for assignment to the custody of the division of parole and

14-40 probation to serve a term of residential confinement pursuant to this

14-41 section.

15-1 4. If an offender assigned to the custody of the division of parole and

15-2 probation pursuant to this section escapes or violates any of the terms or

15-3 conditions of his residential confinement:

15-4 (a) The division of parole and probation may, pursuant to the procedure

15-5 set forth in NRS 213.410, return the offender to the custody of the

15-6 department.

15-7 (b) The offender forfeits all or part of the credits for good behavior

15-8 earned by him before the escape or violation, as determined by the director.

15-9 The director may provide for a forfeiture of credits pursuant to this

15-10 paragraph only after proof of the offense and notice to the offender, and

15-11 may restore credits forfeited for such reasons as he considers proper. The

15-12 decision of the director regarding such a forfeiture is final.

15-13 5. The assignment of an offender to the custody of the division of

15-14 parole and probation pursuant to this section shall be deemed:

15-15 (a) A continuation of his imprisonment and not a release on parole; and

15-16 (b) For the purposes of NRS 209.341, an assignment to a facility of the

15-17 department,

15-18 except that the offender is not entitled to obtain any benefits or to

15-19 participate in any programs provided to offenders in the custody of the

15-20 department.

15-21 6. An offender does not have a right to be assigned to the custody of

15-22 the division of parole and probation pursuant to this section, or to remain in

15-23 that custody after such an assignment, and it is not intended that the

15-24 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

15-25 any right or interest in liberty or property or establish a basis for any cause

15-26 of action against the state, its political subdivisions, agencies, boards,

15-27 commissions, departments, officers or employees.

15-28 Sec. 23. The amendatory provisions of this act do not apply to

15-29 offenses that were committed before October 1, 1999.