1. Assembly Bill No. 620–Committee on Judiciary

CHAPTER........

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:

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

  1. 484.3882 1. The committee on testing for intoxication shall [adopt
  1. regulations consisting of a list of those devices, described by manufacturer
  1. and type, which it certifies as] :
  1. (a) In the manner set forth in subsection 2, certify a device that the
  1. committee determines is designed and manufactured to be accurate and
  1. reliable for the purpose of testing a person’s breath to determine the percent
  1. by weight of alcohol in the person’s breath [. The] ; and
  1. (b) Create, maintain and make available to the public, free of charge,
  1. a list of those devices certified by the committee, described by
  1. manufacturer and type.
  1. 2. To determine whether a device is designed and manufactured to
  1. be accurate and reliable for the purpose of testing a person’s breath to
  1. determine the percent by weight of alcohol in the person’s breath, the
  1. committee may:
  1. (a) [Certify those devices of which it approves which are on] Use the list
  1. of qualified products meeting the requirements for evidential breath-testing
  1. devices of the National Highway Traffic Safety Administration; or
  1. (b) Establish its own standards and procedures for evaluating those
  1. devices and obtain evaluations of the devices from the director or his agent.
  1. [2.] 3. If such a device has been certified by the committee to be
  1. accurate and reliable pursuant to [subsection 1,] this section, it is presumed
  1. that, as designed and manufactured, the device is accurate and reliable for
  1. the purpose of testing a person’s breath to determine the percent by weight
  1. of alcohol in the person’s breath.
  1. [3.] 4. This section does not preclude the admission of evidence of the
  1. amount of alcohol in a person’s breath where the information is obtained
  1. through the use of a device other than one of a type certified by the
  1. committee.

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

  1. 488.480 1. If a person refuses to submit to a required chemical test
  1. provided for in NRS 488.460, evidence of that refusal is admissible in any
  1. criminal action arising out of acts alleged to have been committed while the
  1. person was operating or in actual physical control of a vessel under power
  1. or sail while under the influence of intoxicating liquor or a controlled
  1. substance.
  2. 2. A court may not exclude evidence of a required test or failure to
  1. submit to such a test if the peace officer or other person substantially
  1. complied with the provisions of NRS 488.460.
  1. 3. If a person submits to a chemical test provided for in NRS 488.460,
  1. full information concerning that test must be made available, upon his
  1. request, to him or his attorney.
  1. 4. Evidence of a required test is not admissible in a criminal
  1. proceeding unless it is shown by documentary or other evidence that the
  1. device for testing breath was certified [,] pursuant to NRS 484.3882 and
  1. was calibrated, maintained and operated as provided by the regulations of
  1. the committee on testing for intoxication adopted pursuant to NRS
  1. [484.3882,] 484.3884, 484.3886 or 484.3888.
  1. 5. If the device for testing breath has been certified by the committee
  1. on testing for intoxication to be accurate and reliable pursuant to
  1. [subsection 1 of] NRS 484.3882, it is presumed that, as designed and
  1. manufactured, the device is accurate and reliable for the purpose of testing
  1. a person’s breath to determine the percent by weight of alcohol in the
  1. person’s breath.
  1. 6. A court shall take judicial notice of the certification by the director
  1. of a person to operate testing devices of one of the certified types. If a test
  1. to determine the amount of alcohol in a person’s breath has been performed
  1. with a certified type of device by a person who is certified pursuant to NRS
  1. 484.3886 or 484.3888, it is presumed that the person operated the device
  1. properly.
  1. 7. This section does not preclude the admission of evidence of a test of
  1. a person’s breath where the:
  1. (a) Information is obtained through the use of a device other than one of
  1. a type certified by the committee on testing for intoxication.
  1. (b) Test has been performed by a person other than one who is certified
  1. by the director.
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