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

1-1 Section 1. Chapter 453 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. A local authority may enact an ordinance adopting the penalties

1-4 set forth for misdemeanors in NRS 453.336 for similar offenses under a

1-5 local ordinance. The ordinance must set forth the manner in which

1-6 money collected from fines imposed by a court for a violation of the

1-7 ordinance must be disbursed in accordance with subsection 2.

1-8 2. Money collected from fines imposed by a court for a violation of

1-9 an ordinance enacted pursuant to subsection 1 must be evenly allocated

1-10 among:

1-11 (a) Facilities for the treatment of abuse of alcohol or drugs

1-12 established by a local government, if any;

1-13 (b) A program of treatment and rehabilitation established by a court

1-14 pursuant to NRS 453.580, if any; and

1-15 (c) Local law enforcement agencies,

1-16 in a manner determined by the court.

1-17 3. As used in this section, "local authority" means the governing

1-18 board of a county, city or other political subdivision having authority to

1-19 enact laws or ordinances.

2-1 Sec. 2. NRS 453.336 is hereby amended to read as follows:

2-2 453.336 1. It is unlawful for a person knowingly or intentionally to

2-43 presentencing report on the person convicted in accordance with the

3-1 provisions of NRS 176A.200. After the report is received but before

3-2 sentence is pronounced the court shall:

3-3 (a) Interview the person convicted and make a determination as to the

3-4 possibility of his rehabilitation; and

3-5 (b) Conduct a hearing at which evidence may be presented as to the

3-6 possibility of rehabilitation and any other relevant information.] Unless a

3-7 greater penalty is provided pursuant to NRS 212.160, a person 18 years

3-8 of age or older who is convicted of the possession of less than 1 ounce of

3-9 marihuana:

3-10 (a) For the first offense, is guilty of a misdemeanor and shall be

3-11 punished by a fine of not more than $500; or

3-12 (b) For the second or subsequent offense, is guilty of a misdemeanor

3-13 and shall be punished by a fine of not more than $1,000, and assigned to

3-14 a program of treatment and rehabilitation pursuant to NRS 453.580.

3-15 5. Unless a greater penalty is provided pursuant to NRS 212.160, a

3-16 child under 18 years of age who possesses less than 1 ounce of

3-17 marihuana in violation of the provisions of subsection 1 commits a

3-18 delinquent act and the court shall order the child:

3-19 (a) For the first offense, to pay a fine of not more than $300, and

3-20 require the child to undergo an evaluation pursuant to NRS 62.2275; or

3-21 (b) For the second or subsequent offense, to pay a fine of not more

3-22 than $500, or to be detained in a facility for the detention of children for

3-23 not more than 10 days, or both to pay a fine and be detained, and assign

3-24 the child to an appropriate program of treatment for the treatment of

3-25 abuse of alcohol or drugs.

3-26 6. As used in this section, "controlled substance" includes

3-27 flunitrazepam, gamma-hydroxybutyrate and each substance for which

3-28 flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

3-29 Sec. 3. NRS 453.3363 is hereby amended to read as follows:

3-30 453.3363 1. If a person who has not previously been convicted of

3-43 judgment of conviction and proceed as provided in the section pursuant to

4-1 which the accused was charged. Notwithstanding the provisions of

4-2 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

4-3 condition, the court may order the person to the custody of the department

4-4 of prisons.

4-5 3. Upon fulfillment of the terms and conditions, the court shall

4-6 discharge the accused and dismiss the proceedings against him. A

4-7 nonpublic record of the dismissal must be transmitted to and retained by the

4-8 division of parole and probation of the department of motor vehicles and

4-9 public safety solely for the use of the courts in determining whether, in later

4-10 proceedings, the person qualifies under this section.

4-11 4. Except as otherwise provided in subsection 5, discharge and

4-12 dismissal under this section is without adjudication of guilt and is not a

4-13 conviction for purposes of this section or for purposes of employment, civil

4-14 rights or any statute or regulation or license or questionnaire or for any

4-15 other public or private purpose, but is a conviction for the purpose of

4-16 additional penalties imposed for second or subsequent convictions or the

4-17 setting of bail. Discharge and dismissal restores the person discharged, in

4-18 the contemplation of the law, to the status occupied before the arrest,

4-19 indictment or information. He may not be held thereafter under any law to

4-20 be guilty of perjury or otherwise giving a false statement by reason of

4-21 failure to recite or acknowledge that arrest, indictment, information or trial

4-22 in response to an inquiry made of him for any purpose. Discharge and

4-23 dismissal under this section may occur only once with respect to any

4-24 person.

4-25 5. A professional licensing board may consider a proceeding under this

4-26 section in determining suitability for a license or liability to discipline for

4-27 misconduct. Such a board is entitled for those purposes to a truthful answer

4-28 from the applicant or licensee concerning any such proceeding with respect

4-29 to him.

4-30 Sec. 4. NRS 453.401 is hereby amended to read as follows:

4-31 453.401 1. Except as otherwise provided in subsections 3 and 4, if

4-43 committed in this state, would amount to a felony under the Uniform

5-1 Controlled Substances Act, is guilty of a category B felony and shall be

5-2 punished by imprisonment in the state prison for a minimum term of not

5-3 less than 2 years and a maximum term of not more than 10 years, and may

5-4 be further punished by a fine of not more than $10,000.

5-5 (c) For a third or subsequent offense, or if the conspirator has previously

5-6 been convicted two or more times of a felony under the Uniform Controlled

5-7 Substances Act or of an offense under the laws of the United States or any

5-8 state, territory or district which, if committed in this state, would amount to

5-9 a felony under the Uniform Controlled Substances Act, is guilty of a

5-10 category B felony and shall be punished by imprisonment in the state prison

5-11 for a minimum term of not less than 3 years and a maximum term of not

5-12 more than 15 years, and may be further punished by a fine of not more than

5-13 $20,000 for each offense.

5-14 2. Except as otherwise provided in subsection 3, if two or more persons

5-15 conspire to commit an offense in violation of the Uniform Controlled

5-16 Substances Act and the offense does not constitute a felony, and one of the

5-17 conspirators does an act in furtherance of the conspiracy, each conspirator

5-18 shall be punished by imprisonment, or by imprisonment and fine, for not

5-19 more than the maximum punishment provided for the offense which they

5-20 conspired to commit.

5-21 3. If two or more persons conspire to possess one ounce or more of

5-22 marihuana unlawfully, except for the purpose of sale, and one of the

5-23 conspirators does an act in furtherance of the conspiracy, each conspirator

5-24 is guilty of a gross misdemeanor.

5-25 4. If the conspiracy subjects the conspirators to criminal liability under

5-26 NRS 207.400, the persons so conspiring shall be punished in the manner

5-27 provided in NRS 207.400.

5-28 5. The court shall not grant probation to or suspend the sentence of a

5-29 person convicted of violating this section and punishable pursuant to

5-30 paragraph (b) or (c) of subsection 1.

5-31 Sec. 5. NRS 453.580 is hereby amended to read as follows:

5-32 453.580 1. A court may establish an appropriate treatment program

5-43 1 must include:

6-1 (a) Information and encouragement for the participant to cease abusing

6-2 alcohol or using controlled substances through educational, counseling and

6-3 support sessions developed with the cooperation of various community,

6-4 health, substance abuse, religious, social service and youth organizations;

6-5 (b) The opportunity for the participant to understand the medical,

6-6 psychological and social implications of substance abuse; and

6-7 (c) Alternate courses within the program based on the different

6-8 substances abused and the addictions of participants.

6-9 3. If the offense with which the person was charged involved the use or

6-10 possession of a controlled substance, in addition to the program or as a part

6-11 of the program the court must also require frequent urinalysis to determine

6-12 that the person is not using a controlled substance. The court shall specify

6-13 how frequent such examinations must be and how many must be

6-14 successfully completed, independently of other requisites for successful

6-15 completion of the program.

6-16 4. Before the court assigns a person to a program pursuant to this

6-17 section, the person must agree to pay the cost of the program to which he is

6-18 assigned and the cost of any additional supervision required pursuant to

6-19 subsection 3, to the extent of his financial resources. If the person does not

6-20 have the financial resources to pay all of the related costs, the court shall, to

6-21 the extent practicable, arrange for the person to be assigned to a program at

6-22 a facility that receives a sufficient amount of federal or state funding to

6-23 offset the remainder of the costs.

6-24 Sec. 6. NRS 62.211 is hereby amended to read as follows:

6-42 superintendent of the Caliente youth center, and shall not commit a male

7-1 child to a private institution without prior approval of the superintendent of

7-2 the Nevada youth training center.

7-3 (c) Order such medical, psychiatric, psychological or other care and

7-4 treatment as the court deems to be for the best interests of the child, except

7-5 as otherwise provided in this section.

7-6 (d) Order the parent, guardian, custodian or any other person to refrain

7-7 from continuing the conduct which, in the opinion of the court, has caused

7-8 or tended to cause the child to come within or remain under the provisions

7-9 of this chapter.

7-10 (e) If the child is less than 18 years of age, order:

7-11 (1) The parent, guardian or custodian of the child; and

7-12 (2) Any brother, sister or other person who is living in the same

7-13 household as the child over whom the court has jurisdiction,

7-14 to attend or participate in counseling, with or without the child, including,

7-15 but not limited to, counseling regarding parenting skills, alcohol or

7-16 substance abuse, or techniques of dispute resolution.

7-17 (f) Order the parent or guardian of the child to participate in a program

7-18 designed to provide restitution to the victim of an act committed by the

7-19 child or to perform public service.

7-20 (g) Order the parent or guardian of the child to pay all or part of the cost

7-21 of the proceedings, including, but not limited to, reasonable attorney’s fees,

7-22 any costs incurred by the court and any costs incurred in the investigation

7-23 of an act committed by the child and the taking into custody of the child.

7-24 (h) Order the suspension of the child’s driver’s license for at least 90

7-25 days but not more than 2 years. If the child does not possess a driver’s

7-26 license, the court may prohibit the child from receiving a driver’s license

7-27 for at least 90 days but not more than 2 years:

7-28 (1) Immediately following the date of the order, if the child is eligible

7-29 to receive a driver’s license.

7-30 (2) After the date he becomes eligible to apply for a driver’s license,

7-31 if the child is not eligible to receive a license on the date of the order.

7-32 If the court issues an order suspending the driver’s license of a child

7-33 pursuant to this paragraph, the judge shall require the child to surrender to

7-34 the court all driver’s licenses then held by the child. The court shall, within

7-35 5 days after issuing the order, forward to the department of motor vehicles

7-36 and public safety the licenses, together with a copy of the order. If,

7-37 pursuant to this paragraph, the court issues an order delaying the ability of a

7-38 child to receive a driver’s license, the court shall, within 5 days after

7-39 issuing the order, forward to the department of motor vehicles and public

7-40 safety a copy of the order. The department of motor vehicles and public

7-41 safety shall report a suspension pursuant to this paragraph to an insurance

7-42 company or its agent inquiring about the child’s driving record, but such a

7-43 suspension must not be considered for the purpose of rating or

8-1 underwriting. The department of motor vehicles and public safety shall not

8-2 require the child to submit to the tests and other requirements which are

8-3 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

8-4 condition of reinstatement or reissuance after a suspension of his license

8-5 pursuant to this paragraph, unless the suspension resulted from his poor

8-6 performance as a driver.

8-7 (i) Place the child, when he is not in school, under the supervision of:

8-8 (1) A public organization to work on public projects;

8-9 (2) A public agency to work on projects to eradicate graffiti; or

8-10 (3) A private nonprofit organization to perform other public
8-11 service.

8-12 The person under whose supervision the child is placed shall keep the child

8-13 busy and well supervised and shall make such reports to the court as it may

8-14 require. As a condition of such a placement, the court may require the child

8-15 or his parent or guardian to deposit with the court a reasonable sum of

8-16 money to pay for the cost of policies of insurance against liability for

8-17 personal injury and damage to property or for industrial insurance, or both,

8-18 during those periods in which he performs the work, unless, in the case of

8-19 industrial insurance, it is provided by the organization or agency for which

8-20 he performs the work.

8-21 (j) Permit the child to reside in a residence without the immediate

8-22 supervision of an adult, or exempt the child from mandatory attendance at

8-23 school so that the child may be employed full time, or both, if the child is at

8-24 least 16 years of age, has demonstrated the capacity to benefit from this

8-25 placement or exemption and is under the strict supervision of the juvenile

8-26 division.

8-27 (k) Require the child to provide restitution to the victim of the crime

8-28 which the child has committed.

8-29 (l) Impose a fine on the child. If a fine is imposed, the court shall impose

8-30 an administrative assessment pursuant to NRS 62.223.

8-31 (m) If the child has not previously been found to be within the purview

8-32 of this chapter and if the act for which the child is found to be within the

8-33 purview of this chapter did not involve the use or threatened use of force or

8-34 violence, order the child to participate in a publicly or privately operated

8-35 program of sports or physical fitness that is adequately supervised or a

8-36 publicly or privately operated program for the arts that is adequately

8-37 supervised. A program for the arts may include, but is not limited to,

8-38 drawing, painting, photography or other visual arts, musical, dance or

8-39 theatrical performance, writing or any other structured activity that involves

8-40 creative or artistic expression. If the court orders the child to participate in

8-41 a program of sports or physical fitness or a program for the arts, the court

8-42 may order any or all of the following, in the following order of priority if

8-43 practicable:

9-1 (1) The parent or guardian of the child, to the extent of his financial

9-2 ability, to pay the costs associated with the participation of the child in the

9-3 program, including, but not limited to, a reasonable sum of money to pay

9-4 for the cost of policies of insurance against liability for personal injury and

9-5 damage to property during those periods in which the child participates in

9-6 the program;

9-7 (2) The child to work on projects or perform public service pursuant

9-8 to paragraph (i) for a period that reflects the costs associated with the

9-9 participation of the child in the program; or

9-10 (3) The county in which the petition alleging the child to be

9-11 delinquent or in need of supervision is filed to pay the costs associated with

9-12 the participation of the child in the program.

9-13 2. If the court finds that a child who is less than 17 years of age has

9-14 committed a delinquent act, the court may order the parent or guardian of

9-15 the child to pay any fines and penalties imposed for the delinquent act. If

9-16 the parent or guardian is unable to pay the fines and penalties imposed

9-17 because of financial hardship, the court may require the parent or guardian

9-18 to perform community service.

9-19 3. In determining the appropriate disposition of a case concerning a

9-20 child found to be within the purview of this chapter, the court shall consider

9-21 whether the act committed by the child involved the use of a firearm or the

9-22 use or threatened use of force or violence against the victim of the act and

9-23 whether the child is a serious or chronic offender. If the court finds that the

9-24 act committed by the child involved the use of a firearm or the use or

9-25 threatened use of force or violence against the victim or that the child is a

9-26 serious or chronic offender, the court shall include the finding in its order

9-27 and may, in addition to the options set forth in subsections 1 and 2 of this

9-28 section and NRS 62.213:

9-29 (a) Commit the child for confinement in a secure facility, including a

9-30 facility which is secured by its staff.

9-31 (b) Impose any other punitive measures the court determines to be in the

9-32 best interests of the public or the child.

9-33 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

9-34 time, either on its own volition or for good cause shown, the court may

9-35 terminate its jurisdiction concerning the child.

9-36 5. Whenever the court commits a child to any institution or agency

9-37 pursuant to this section or NRS 62.213, it shall transmit a summary of its

9-38 information concerning the child and order the administrator of the school

9-39 that the child last attended to transmit a copy of the child’s educational

9-40 records to the institution or agency. The institution or agency shall give to

9-41 the court any information concerning the child that the court may require.

9-42 6. In determining whether to place a child pursuant to this section in

9-43 the custody of a person other than his parent, guardian or custodian,

10-1 preference must be given to any person related within the third degree of

10-2 consanguinity to the child whom the court finds suitable and able to

10-3 provide proper care and guidance for the child.

10-4 Sec. 7. The amendatory provisions of this act do not apply to offenses

10-5 that were committed before October 1, 1999.

10-6 Sec. 8. 1. This section and sections 1 to 5, inclusive, and 7 of this act

10-7 become effective on October 1, 1999.

10-8 2. Section 6 of this act becomes effective at 12:01 a.m. on October 1,

10-9 1999.