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 483.460 is hereby amended to read as follows:

1-2 483.460 1. Except as otherwise provided by statute, the department

1-17 or privilege to drive must be set aside during any period of imprisonment

2-1 and the period of revocation must resume upon completion of the period of

2-2 imprisonment or when the person is placed on residential confinement.

2-3 (b) For a period of 1 year if the offense is:

2-4 (1) Any other manslaughter resulting from the driving of a motor

2-5 vehicle or felony in the commission of which a motor vehicle is used,

2-6 including the unlawful taking of a motor vehicle.

2-7 (2) Failure to stop and render aid as required pursuant to the laws of

2-8 this state in the event of a motor vehicle accident resulting in the death or

2-9 bodily injury of another.

2-10 (3) Perjury or the making of a false affidavit or statement under oath

2-11 to the department pursuant to NRS 483.010 to 483.630, inclusive, or

2-12 pursuant to any other law relating to the ownership or driving of motor

2-13 vehicles.

2-14 (4) Conviction, or forfeiture of bail not vacated, upon three charges

2-15 of reckless driving committed within a period of 12 months.

2-16 (5) A second violation of NRS 484.379 within 7 years [of NRS

2-17 484.379] , other than a violation that is punishable pursuant to

2-18 subsection 2 of NRS 484.3792 and, except as otherwise provided in

2-19 subsection 2 of NRS 483.490, the driver is not eligible for a restricted

2-20 license during any of that period.

2-21 (6) A violation of NRS 484.348.

2-22 (c) For a period of 90 days, if the offense is a first violation of NRS

2-23 484.379 within 7 years [of NRS 484.379.] , other than a violation that is

2-24 punishable pursuant to subsection 2 of NRS 484.3792.

2-25 2. The department shall revoke the license, permit or privilege of a

2-26 driver convicted of violating NRS 484.379 who fails to complete the

2-27 educational course on the use of alcohol and controlled substances within

2-28 the time ordered by the court and shall add a period of 90 days during

2-29 which the driver is not eligible for a license, permit or privilege to drive.

2-30 3. When the department is notified by a court that a person who has

2-31 been convicted of violating NRS 484.379 has been permitted to enter a

2-32 program of treatment pursuant to NRS 484.37937 or 484.3794, the

2-33 department shall reduce by one-half the period during which he is not

2-34 eligible for a license, permit or privilege to drive, but shall restore that

2-35 reduction in time if notified that he was not accepted for or failed to

2-36 complete the treatment.

2-37 4. The department shall revoke the license, permit or privilege to drive

2-38 of a person who is required to install a device pursuant to NRS 484.3943

2-39 but who operates a motor vehicle without such a device:

2-40 (a) For 3 years, if it is his first such offense during the period of

2-41 required use of the device.

2-42 (b) For 5 years, if it is his second such offense during the period of

2-43 required use of the device.

3-1 5. A driver whose license, permit or privilege is revoked pursuant to

3-2 subsection 4 is not eligible for a restricted license during the period set

3-3 forth in paragraph (a) or (b) of that subsection, whichever is applicable.

3-4 6. When the department is notified that a court has:

3-5 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

3-6 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

3-7 issuance of a child’s license;

3-8 (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

3-9 issuance of a person’s license; or

3-10 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s
3-11 license,

3-12 the department shall take such actions as are necessary to carry out the

3-13 court’s order.

3-14 7. As used in this section, "device" has the meaning ascribed to it in

3-15 NRS 484.3941.

3-16 Sec. 2. NRS 483.490 is hereby amended to read as follows:

3-17 483.490 1. Except as otherwise provided in this section, after a

3-43 controlled substance or if he was convicted of a third violation of NRS

4-1 484.379 within 7 years [of NRS 484.379;] or a violation of NRS 484.379

4-2 that is punishable pursuant to subsection 2 of NRS 484.3792;

4-3 (2) After at least 90 days of the period during which he is not eligible

4-4 for a license, if he was convicted of a second violation of NRS 484.379

4-5 within 7 years ; [of NRS 484.379;] or

4-6 (3) After at least 45 days of the period during which he is not eligible

4-7 for a license, if he was convicted of a first violation of NRS 484.379 within

4-8 7 years . [of NRS 484.379.]

4-9 3. If the department has received a copy of an order requiring a person

4-10 to install a device in a motor vehicle which he owns or operates pursuant to

4-11 NRS 484.3943, the department shall not issue a restricted driver’s license

4-12 to such a person pursuant to this section unless the applicant has submitted

4-13 proof of compliance with the order and subsection 2.

4-14 4. After a driver’s license has been revoked pursuant to subsection 1 of

4-15 NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

4-16 NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

4-17 issue a restricted driver’s license to an applicant permitting the applicant to

4-18 drive a motor vehicle:

4-19 (a) If applicable, to and from work or in the course of his work, or both;

4-20 and

4-21 (b) If applicable, to and from school.

4-22 5. After a driver’s license has been suspended pursuant to NRS

4-23 483.443, the department may issue a restricted driver’s license to an

4-24 applicant permitting the applicant to drive a motor vehicle:

4-25 (a) If applicable, to and from work or in the course of his work, or both;

4-26 (b) To receive regularly scheduled medical care for himself or a

4-27 member of his immediate family; and

4-28 (c) If applicable, as necessary to exercise a court-ordered right to visit a

4-29 child.

4-30 6. A driver who violates a condition of a restricted license issued

4-31 pursuant to subsection 1 or by another jurisdiction is guilty of a

4-32 misdemeanor, and if his license was suspended or revoked for a violation

4-33 of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a

4-34 vehicle while under the influence of intoxicating liquor or a controlled

4-35 substance, or the violation of a law of any other jurisdiction which

4-36 prohibits the same conduct, he shall be punished in the manner provided

4-37 pursuant to subsection 2 of NRS 483.560.

4-38 7. The periods of suspensions and revocations required pursuant to this

4-39 chapter and NRS 484.384 must run consecutively, except as otherwise

4-40 provided in NRS 483.465 and 483.475, when the suspensions must run

4-41 concurrently.

4-42 8. Whenever the department suspends or revokes a license, the period

4-43 of suspension, or of ineligibility for a license after the revocation, begins

5-1 upon the effective date of the revocation or suspension as contained in the

5-2 notice thereof.

5-3 Sec. 3. NRS 484.3792 is hereby amended to read as follows:

5-4 484.3792 1. [A] Except as otherwise provided in subsection 2, a

5-43 insofar as practicable, be segregated from offenders whose crimes were

6-1 violent and, insofar as practicable, be assigned to an institution or facility

6-2 of minimum security.

6-3 2. A person who has previously been convicted of:

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

6-5 (b) A violation of NRS 484.3795;

6-6 (c) A homicide resulting from the driving of a vehicle while under the

6-7 influence of intoxicating liquor or a controlled substance; or

6-8 (d) A violation of the law of any other jurisdiction that prohibits the

6-9 same or similar conduct as set forth in paragraph (a), (b) or (c),

6-10 and who violates the provisions of NRS 484.379 is guilty of a category B

6-11 felony and shall be punished by imprisonment in the state prison for a

6-12 minimum term of not less than 2 years and a maximum term of not more

6-13 than 15 years, and shall be further punished by a fine of not less than

6-14 $2,000 nor more than $5,000. An offender so imprisoned must, insofar

6-15 as practicable, be assigned to an institution or facility of minimum

6-16 security.

6-17 3. An offense that occurred within 7 years immediately preceding the

6-18 date of the principal offense or after the principal offense constitutes a

6-19 prior offense for the purposes of this section when evidenced by a

6-20 conviction, without regard to the sequence of the offenses and convictions.

6-21 The facts concerning a prior offense must be alleged in the complaint,

6-22 indictment or information, must not be read to the jury or proved at trial

6-23 but must be proved at the time of sentencing and, if the principal offense is

6-24 alleged to be a felony, must also be shown at the preliminary examination

6-25 or presented to the grand jury.

6-26 [3.] 4. A person convicted of violating the provisions of NRS 484.379

6-27 must not be released on probation, and a sentence imposed for violating

6-28 those provisions must not be suspended except, as provided in NRS 4.373,

6-29 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

6-30 exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

6-31 a charge of violating the provisions of NRS 484.379 in exchange for a plea

6-32 of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

6-33 any other reason unless he knows or it is obvious that the charge is not

6-34 supported by probable cause or cannot be proved at the time of trial.

6-35 [4.] 5. A term of confinement imposed pursuant to the provisions of

6-36 this section may be served intermittently at the discretion of the judge or

6-37 justice of the peace, except that a person who is convicted of a second or

6-38 subsequent offense within 7 years must be confined for at least one

6-39 segment of not less than 48 consecutive hours. This discretion must be

6-40 exercised after considering all the circumstances surrounding the offense,

6-41 and the family and employment of the offender, but any sentence of 30

6-42 days or less must be served within 6 months after the date of conviction or,

6-43 if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

7-1 the suspension of his sentence was revoked, within 6 months after the date

7-2 of revocation. Any time for which the offender is confined must consist of

7-3 not less than 24 consecutive hours.

7-4 [5.] 6. Jail sentences simultaneously imposed pursuant to this section

7-5 and NRS 483.560 or 485.330 must run consecutively.

7-6 [6.] 7. If the person who violated the provisions of NRS 484.379

7-7 possesses a driver’s license issued by a state other than the State of Nevada

7-8 and does not reside in the State of Nevada, in carrying out the provisions

7-9 of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

7-10 (a) Order the person to pay tuition for and submit evidence of

7-11 completion of an educational course on the abuse of alcohol and controlled

7-12 substances approved by a governmental agency of the state of his residence

7-13 within the time specified in the order; or

7-14 (b) Order him to complete an educational course by correspondence on

7-15 the abuse of alcohol and controlled substances approved by the department

7-16 within the time specified in the order,

7-17 and the court shall notify the department if the person fails to complete the

7-18 assigned course within the specified time.

7-19 [7.] 8. If the defendant was transporting a person who is less than 15

7-20 years of age in the motor vehicle at the time of the violation, the court shall

7-21 consider that fact as an aggravating factor in determining the sentence of

7-22 the defendant.

7-23 [8.] 9. As used in this section, unless the context otherwise requires,

7-24 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

7-25 resulting from the driving of a vehicle while under the influence of

7-26 intoxicating liquor or a controlled substance, or the violation of a law of

7-27 any other jurisdiction that prohibits the same or similar conduct.

7-28 Sec. 4. NRS 484.3794 is hereby amended to read as follows:

7-29 484.3794 1. Except as otherwise provided in subsection 2, a person

7-43 financial resources; and

8-1 (c) He has served or will serve a term of imprisonment in jail of 5 days,

8-2 and if required pursuant to NRS 484.3792, has performed or will perform

8-3 not less than 50 hours, but not more than 100 hours, of work for the

8-4 community.

8-5 2. A person may not apply to the court to undergo a program of

8-6 treatment pursuant to subsection 1 if [, within the immediately preceding 7

8-7 years,] he has previously been found guilty of:

8-8 (a) A third or subsequent violation of NRS 484.379 within 7 years;

8-9 (b) A violation of NRS 484.3795;

8-10 [(b)] (c) A homicide resulting from driving a vehicle while under the

8-11 influence of intoxicating liquor or a controlled substance; or

8-12 [(c)] (d) A violation of the law of any other jurisdiction which prohibits

8-13 the same or similar conduct as set forth in paragraph (a) [or (b).] , (b) or

8-14 (c).

8-15 3. For the purposes of subsection 1, a violation of the law of any other

8-16 jurisdiction which prohibits the same or similar conduct as NRS 484.379

8-17 constitutes a violation of NRS 484.379.

8-18 4. A prosecuting attorney may, within 10 days after receiving notice of

8-19 an application for treatment pursuant to this section, request a hearing on

8-20 the matter. The court shall order a hearing on the application upon the

8-21 request of the prosecuting attorney or may order a hearing on its own

8-22 motion.

8-23 5. At the hearing on the application for treatment, the prosecuting

8-24 attorney may present the court with any relevant evidence on the matter. If

8-25 a hearing is not held, the court shall decide the matter upon affidavits and

8-26 other information before the court.

8-27 6. If the court determines that an application for treatment should be

8-28 granted, the court shall:

8-29 (a) Immediately sentence the offender and enter judgment accordingly.

8-30 (b) Suspend the sentence of the offender for not more than 3 years upon

8-31 the condition that the offender be accepted for treatment by a treatment

8-32 facility, that he complete the treatment satisfactorily and that he comply

8-33 with any other condition ordered by the court.

8-34 (c) Advise the offender that:

8-35 (1) If he is accepted for treatment by such a facility, he may be

8-36 placed under the supervision of the facility for a period not to exceed 3

8-37 years and during treatment he may be confined in an institution or, at the

8-38 discretion of the facility, released for treatment or supervised aftercare in

8-39 the community.

8-40 (2) If he is not accepted for treatment by such a facility or he fails to

8-41 complete the treatment satisfactorily, he shall serve the sentence imposed

8-42 by the court. Any sentence of imprisonment must be reduced by a time

8-43 equal to that which he served before beginning treatment.

9-1 (3) If he completes the treatment satisfactorily, his sentence will be

9-2 reduced to a term of imprisonment which is no longer than that provided

9-3 for the offense in paragraph (c) of subsection 1 and a fine of not more than

9-4 the minimum provided for the offense in NRS 484.3792, but the

9-5 conviction must remain on his record of criminal history.

9-6 7. The court shall administer the program of treatment pursuant to the

9-7 procedures provided in NRS 458.320 and 458.330, except that the court:

9-8 (a) Shall not defer the sentence, set aside the conviction or impose

9-9 conditions upon the election of treatment except as provided in this

9-10 section.

9-11 (b) May immediately revoke the suspension of sentence for a violation

9-12 of a condition of the suspension.

9-13 8. The court shall notify the department, on a form approved by the

9-14 department, upon granting the application of the offender for treatment and

9-15 his failure to be accepted for or complete treatment.

9-16 Sec. 5. NRS 484.37943 is hereby amended to read as follows:

9-17 484.37943 1. [If] Except as otherwise provided in subsection 3, if a

9-42 employment, training and rehabilitation;

10-1 (b) A physician certified to make that evaluation by the board of

10-2 medical examiners; or

10-3 (c) A person who is approved to make that evaluation by the bureau of

10-4 alcohol and drug abuse of the rehabilitation division of the department of

10-5 employment, training and rehabilitation,

10-6 who shall report to the court the results of the evaluation and make a

10-7 recommendation to the court concerning the length and type of treatment

10-8 required for the offender.

10-9 [4.] 5. The evaluation of an offender who resides more than 30 miles

10-10 from an evaluation center may be conducted outside an evaluation center

10-11 by a person who has the qualifications set forth in subsection [3.] 4. The

10-12 person who conducts the evaluation shall report to the court the results of

10-13 the evaluation and make a recommendation to the court concerning the

10-14 length and type of treatment required for the offender.

10-15 [5.] 6. The evaluation of an offender who resides in another state may,

10-16 upon approval of the court, be conducted in the state where the offender

10-17 resides by a physician or other person who is authorized by the appropriate

10-18 governmental agency in that state to conduct such an evaluation. The

10-19 offender shall ensure that the results of the evaluation and the

10-20 recommendation concerning the length and type of treatment for the

10-21 offender are reported to the court.

10-22 [6.] 7. An offender who is evaluated pursuant to this section shall pay

10-23 the cost of the evaluation. An evaluation center or a person who conducts

10-24 an evaluation in this state outside an evaluation center shall not charge an

10-25 offender more than $100 for the evaluation.

10-26 Sec. 6. NRS 484.37945 is hereby amended to read as follows:

10-27 484.37945 1. When a program of treatment is ordered pursuant to

10-43 to the extent possible, arrange for the offender to obtain his treatment from

11-1 a treatment facility that receives a sufficient amount of federal or state

11-2 money to offset the remainder of the charges.

11-3 3. A treatment facility is not liable for any damages to person or

11-4 property caused by a person who drives while under the influence of

11-5 intoxicating liquor or a controlled substance after the treatment facility has

11-6 certified to his successful completion of a program of treatment ordered

11-7 pursuant to paragraph (b) of subsection 1 of NRS 484.3792.

11-8 Sec. 7. NRS 484.3796 is hereby amended to read as follows:

11-9 484.3796 1. Before sentencing an offender pursuant to NRS

11-24 director of the department of prisons.

11-25 Sec. 8. NRS 209.425 is hereby amended to read as follows:

11-26 209.425 1. The director shall, with the approval of the board,

11-43 family or restitution to any victim of his crime.

12-1 Sec. 9. 1. Except as otherwise provided in subsection 2, the

12-2 amendatory provisions of this act do not apply to offenses committed

12-3 before October 1, 1999.

12-4 2. The amendatory provisions of this act apply to offenses committed

12-5 before October 1, 1999, for the purpose of determining whether a person is

12-6 subject to the provisions of subsection 2 of NRS 484.3792, as amended by

12-7 this act.