Assembly Bill No. 620–Committee on Judiciary

(On Behalf of Department of Motor Vehicles
and Public Safety)

March 19, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning certification of certain devices used to test intoxication of person. (BDR 43-752)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

 

AN ACT relating to traffic laws; revising the provisions concerning the certification of certain devices used to test the intoxication of a person; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 484.3882 is hereby amended to read as follows:

1-2 484.3882 1. The committee on testing for intoxication shall [adopt

1-3 regulations consisting of a list of those devices, described by manufacturer

1-4 and type, which it certifies as] :

1-5 (a) In the manner set forth in subsection 2, certify a device that the

1-6 committee determines is designed and manufactured to be accurate and

1-7 reliable for the purpose of testing a person’s breath to determine the

1-8 percent by weight of alcohol in the person’s breath [. The] ; and

1-9 (b) Create, maintain and make available to the public, free of charge,

1-10 a list of those devices certified by the committee, described by

1-11 manufacturer and type.

1-12 2. To determine whether a device is designed and manufactured to be

1-13 accurate and reliable for the purpose of testing a person’s breath to

1-14 determine the percent by weight of alcohol in the person’s breath, the

1-15 committee may:

2-1 (a) [Certify those devices of which it approves which are on] Use the

2-2 list of qualified products meeting the requirements for evidential breath-

2-3 testing devices of the National Highway Traffic Safety Administration; or

2-4 (b) Establish its own standards and procedures for evaluating those

2-5 devices and obtain evaluations of the devices from the director or his

2-6 agent.

2-7 [2.] 3. If such a device has been certified by the committee to be

2-8 accurate and reliable pursuant to [subsection 1,] this section, it is presumed

2-9 that, as designed and manufactured, the device is accurate and reliable for

2-10 the purpose of testing a person’s breath to determine the percent by weight

2-11 of alcohol in the person’s breath.

2-12 [3.] 4. This section does not preclude the admission of evidence of the

2-13 amount of alcohol in a person’s breath where the information is obtained

2-14 through the use of a device other than one of a type certified by the

2-15 committee.

2-16 Sec. 2. NRS 488.480 is hereby amended to read as follows:

2-17 488.480 1. If a person refuses to submit to a required chemical test

2-18 provided for in NRS 488.460, evidence of that refusal is admissible in any

2-19 criminal action arising out of acts alleged to have been committed while

2-20 the person was operating or in actual physical control of a vessel under

2-21 power or sail while under the influence of intoxicating liquor or a

2-22 controlled substance.

2-23 2. A court may not exclude evidence of a required test or failure to

2-24 submit to such a test if the peace officer or other person substantially

2-25 complied with the provisions of NRS 488.460.

2-26 3. If a person submits to a chemical test provided for in NRS 488.460,

2-27 full information concerning that test must be made available, upon his

2-28 request, to him or his attorney.

2-29 4. Evidence of a required test is not admissible in a criminal

2-30 proceeding unless it is shown by documentary or other evidence that the

2-31 device for testing breath was certified [,] pursuant to NRS 484.3882 and

2-32 was calibrated, maintained and operated as provided by the regulations of

2-33 the committee on testing for intoxication adopted pursuant to NRS

2-34 [484.3882,] 484.3884, 484.3886 or 484.3888.

2-35 5. If the device for testing breath has been certified by the committee

2-36 on testing for intoxication to be accurate and reliable pursuant to

2-37 [subsection 1 of] NRS 484.3882, it is presumed that, as designed and

2-38 manufactured, the device is accurate and reliable for the purpose of testing

2-39 a person’s breath to determine the percent by weight of alcohol in the

2-40 person’s breath.

2-41 6. A court shall take judicial notice of the certification by the director

2-42 of a person to operate testing devices of one of the certified types. If a test

2-43 to determine the amount of alcohol in a person’s breath has been

3-1 performed

4-1 with a certified type of device by a person who is certified pursuant to

4-2 NRS 484.3886 or 484.3888, it is presumed that the person operated the

4-3 device properly.

4-4 7. This section does not preclude the admission of evidence of a test of

4-5 a person’s breath where the:

4-6 (a) Information is obtained through the use of a device other than one of

4-7 a type certified by the committee on testing for intoxication.

4-8 (b) Test has been performed by a person other than one who is certified

4-9 by the director.

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