Assembly Amendment to Senate Bill No. 152 First Reprint (BDR 43-275)
Proposed by: Assemblymen Giunchigliani and Perkins
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of NRS 483.908 and 483.922, "actual physical control of a commercial motor vehicle" must be determined based upon:
1. Where and in what position the person was found in the commercial motor vehicle;
2. Whether the engine of the commercial motor vehicle in which the person was found was running;
3. Whether the person was found awake or asleep in the front seat of the commercial motor vehicle;
4. If the person was apprehended at night, whether the lights of the commercial motor vehicle in which he was found were on; and
5. Whether the person was trying to move the commercial motor vehicle at the time he was found.".
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
"Sec. 4.5. NRS 483.908 is hereby amended to read as follows:
483.908 The department shall adopt regulations:
1. Providing for the issuance, expiration, renewal, suspension, revocation and reinstatement of commercial drivers’ licenses;
2. Providing the same exemptions allowed pursuant to federal regulations for farmers, fire fighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;
3. Specifying the violations which constitute grounds for disqualification from driving a commercial motor vehicle and the penalties associated with each violation;
4. Setting forth a schedule of various alcohol concentrations and the penalties which must be imposed if those concentrations are detected in the breath, blood, urine or other bodily substances of a person who is driving, operating or is in
actual physical control of a commercial motor vehicle; and5. Necessary to enable it to carry out the provisions of NRS 483.900 to 483.940, inclusive.
The department shall not adopt regulations which are more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. §§
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
"Sec. 5.5. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of NRS 484.379 to 484.3947, inclusive, "actual physical control of a vehicle" must be determined based upon:
1. Where and in what position the person was found in the vehicle;
2. Whether the engine of the vehicle in which the person was found was running;
3. Whether the person was found awake or asleep in the front seat of the vehicle;
4. If the person was apprehended at night, whether the lights of the vehicle in which he was found were on; and
5. Whether the person was trying to move the vehicle at the time he was found.".
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
"Sec. 24.5. NRS 484.448 is here by amended to read as follows:
2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation, or to the living quarters of a house coach or house trailer.
3.
For the purposes of this section, "actual physical control of a vehicle" must be determined in the manner set forth in section 5.5 of this act.4.
As used in this section:(a) "Alcoholic beverage" has the meaning ascribed to it in NRS 202.015.
(b) "Open container" means a container which has been opened or the seal of which has been broken.
(c) "Passenger area" means that area of a vehicle which is designed for the seating of the driver or a passenger.".
Amend sec. 25, page 17, between lines 32 and 33 by inserting:
"
3. For the purposes of this section, "actual physical control of a motor vehicle" must be determined in the manner set forth in section 5.5 of this act.".Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:
"Sec. 25.5. Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of NRS 488.400 to 488.520, inclusive, "actual physical control of a vessel" must be determined based upon:
1. Where and in what position the person was found in the vessel;
2. Whether the engine of the vessel in which the person was found was running;
3. Whether the person was found awake or asleep in the front seat of the vessel;
4. If the person was apprehended at night, whether the lights of the vessel in which he was found were on; and
5. Whether the person was trying to move the vessel at the time he was found.".
Amend the bill as a whole by adding a new section designated sec. 38.5, following sec. 38, to read as follows:
"Sec. 38.5. NRS 50.325 is hereby amended to read as follows:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison or organic solvent,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
4. For the purposes of this section, "actual physical control of a vehicle or a vessel" must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.
".Amend the bill as a whole by renumbering sections 40 and 41 as sections 43 and 44 and adding new sections designated sections 40 through 42, following sec. 39, to read as follows:
"Sec. 40. NRS 458.260 is hereby amended to read as follows:
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to:
(a) The provisions of NRS 483.460, 483.490, subsection 2 of NRS 483.560 and NRS 484.384;
(b) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; and
(d) Any offense similar to an offense set forth in paragraph (a), (b) or (c) that is set forth in an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act.
4. For the purposes of this section, "actual physical control of a vehicle or a vessel" must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.
Sec. 41. NRS 458.270 is hereby amended to read as follows:
2. A peace officer may use upon such a person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which he is delivered; and
(b) Communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to a person who is apprehended or arrested for:
(a) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;
(b) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; and
(c) Any offense similar to an offense set forth in paragraph (a) or (b) of this subsection that is set forth in an ordinance or resolution of a county, city or town.
8. For the purposes of this section, "actual physical control of a vehicle or a vessel" must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.
Sec. 42.
NRS 629.065 is hereby amended to read as follows:(a) The patient is suspected of driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and
(b) The records would aid in the related investigation.
To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to the law enforcement agent or district attorney who requests it and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related criminal proceeding against the patient.
4. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
5. For the purposes of this section, "actual physical control of a vehicle or a vessel" must be determined in the manner set forth in section 5.5 or 25.5 of this act, as applicable.
".Amend the title of the bill, first line, after "laws;" by inserting:
"providing the manner in which to determine whether a person who is under the influence of alcohol or a controlled substance is in actual physical control of a vehicle of vessel;".
Amend the summary of the bill to read as follows:
"SUMMARY—Makes various changes concerning operating vehicle or vessel under influence of alcohol or controlled substance. (BDR 43-275)".