Assembly Amendment to Senate Bill No. 481 First Reprint (BDR 4-1622)
Proposed by: Committee on Judiciary
Amendment Box: Resolves conflicts with A.B No. 620 and A.B. No. 678. Makes substantive changes.
Resolves Conflicts with: AB620 and AB678
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 sections 1 through 32 as sections 2 through 33, and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 50.265 to 50.345, inclusive, unless the context otherwise requires, "prohibited substance" has the meaning ascribed to it in section 20 of this act.".
Amend section 1, page 2, by deleting lines 32 through 34 and inserting:
"urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison
,Amend sec. 2, page 3, by deleting lines 21 through 23 and inserting:
"expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison
,Amend sec. 2, page 3, by deleting line 28 and inserting:
"substance, chemical, poison
,Amend sec. 3, page 4, by deleting line 11 and inserting:
"
,Amend sec. 3, page 5, by deleting line 2 and inserting:
"
poison, organic solvent or another prohibited substance.".Amend sec. 11, page 10, line 35, by deleting "
10" and inserting "11".Amend sec. 18, page 17, by deleting line 29 and inserting:
"
poison, organic solvent or another prohibited substance.".Amend sec. 18, page 17, between lines 38 and 39, by inserting:
"
3. As used in this section, "prohibited substance" has the meaning ascribed to it in section 20 of this act.".Amend sec. 19, page 18, by deleting lines 4 and 5 and inserting:
"
2. Cocaine or cocaine metabolite.3. Heroin or heroin metabolite (morphine or 6-monoacetyl morphine).".
Amend sec. 19, page 18, by deleting lines 7 through 11 and inserting:
"
5. Marihuana or marihuana metabolite.6. Methamphetamine.
7. Phencyclidine.".
Amend sec. 20, page 18, line 15, by deleting "
19" and inserting "20".Amend sec. 22, page 19, by deleting lines 8 through 11 and inserting:
"3.
It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:Prohibited substance Urine Blood
Nanograms per milliliter Nanograms per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marihuana 10 2
(h) Marihuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10".
Amend sec. 27, page 26, by deleting lines 19 and 20 and inserting:
"
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 5 of NRS 484.379,".Amend sec. 30, page 28, by deleting lines 31 and 32 and inserting:
"
whether a controlled substanceAmend sec. 30, page 29, by deleting lines 31 and 32 and inserting:
"5. If the presence of a controlled substance
, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the".Amend sec. 30, page 30, line 6, after "substance" by inserting:
"
or another prohibited substance".Amend sec. 31, page 30, by deleting lines 16 and 17 and inserting:
"his blood or has a detectable amount of a
Amend sec. 31, page 30, by deleting lines 29 and 30 and inserting:
"had a detectable amount of a
Amend sec. 31, page 30, by deleting lines 35 and 36 and inserting:
"blood or with a detectable amount of a
Amend sec. 31, page 31, by deleting lines 15 through 43 and inserting:
"
(a) Amphetamine;
(b) Benzoylecgonine;
(c) Cocaine;
(d) Heroin;
(e) Lysergic acid diethylamide;
(f) Mecloqualone;
(g) Mescaline;
(h) Methamphetamine;
(i) Methaqualone;
(j) Monoacetylmorphine;
(k) Phencyclidine;
(l) N-ethylamphetamine;
(m) N, N-dimethylamphetamine;
(n) 2, 5-dimethoxyamphetamine;
(o) 3, 4-methylenedioxyamphetamine;
(p) 3, 4, 5-trimethoxyamphetamine;
(q) 4-bromo-2, 5-dimethoxyamphetamine;
(r) 4-methoxyamphetamine;
(s) 4-methyl-2, 5-dimethoxyamphetamine;
(t) 5-dimethoxy-alpha-methylphenethylamine; or
(u) 5-methoxy-3, 4-methylenedioxyamphetamine,
if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.]".
Amend sec. 32, page 32, by deleting lines 15 and 16 and inserting:
"alcohol in his blood or a detectable amount of a [controlled] prohibited substance in his [system.] blood or urine. Upon an affirmative".
Amend the bill as a whole by renumbering sections 33 through 48 as sections 35 through 50 and adding a new section designated sec. 34, following sec. 32, to read as follows:
"Sec. 34. NRS 484.3888 is hereby amended to read as follows:
484.3888 1. The committee on testing for intoxication may adopt regulations that require:
(a) The calibration of devices which are used to test a person’s blood or urine to determine the amount of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine;
(b) The certification of persons who make those calibrations;
(c) The certification of persons who operate devices for testing a person’s blood or urine to determine the amount of alcohol or presence of a controlled substance or another prohibited substance in the person’s blood or urine; and
(d) The certification of persons who examine those operators.
2. The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the amount of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine.".
Amend sec. 34, page 33, by deleting lines 18 and 19 and inserting:
"(b) Whether a controlled substance , chemical, poison, organic solvent or another prohibited substance is present in his blood [.] or urine.".
Amend sec. 37, page 35, line 22, by deleting "19" and inserting "20".
Amend sec. 38, page 36, by deleting lines 9 through 12 and inserting:
"3. It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this state with an amount of a prohibited substance in his blood or urine that is equal to or greater than:
Prohibited substance Urine Blood
Nanograms per milliliter Nanograms per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marihuana 10 2
(h) Marihuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10".
Amend sec. 39, page 36, by deleting lines 35 and 36 and inserting:
"
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,".Amend sec. 41, page 38, by deleting line 8 and inserting:
"substance
Amend sec. 41, page 39, by deleting lines 10 and 11 and inserting:
"5. If the presence of a controlled substance
, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the".Amend sec. 41, page 39, line 29, after "substance" by inserting:
"
or another prohibited substance".Amend sec. 43, page 40, by deleting lines 39 and 40 and inserting:
"
(b) Whether a controlled substance , chemical, poison, organic solvent or another prohibited substance is present in his bloodAmend sec. 45, page 41, by deleting lines 29 and 30 and inserting:
"records of a patient which relate to a test of his blood, breath or urine if:".
Amend sec. 45, page 41, by deleting lines 39 and 40 and inserting:
"controlled substance
, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.".Amend sec. 45, page 42, between lines 9 and 10, by inserting:
"
5. As used in this section, "prohibited substance" has the meaning ascribed to it in section 20 of this act.".Amend the bill as a whole by renumbering sections 49 and 50 as sections 53 and 54 and adding new sections designated sections 51 and 52, following sec. 48, to read as follows:
"Sec. 51. Section 2 of Assembly Bill No. 620 of this session is hereby amended to read as follows:
Sec. 2. NRS 488.480 is hereby amended to read as follows:
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420.
2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified
5. If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to
6. A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a person’s breath where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director.
Sec. 52. Section 2 of Assembly Bill No. 678 of this session is hereby amended to read as follows:
Sec. 2. NRS 483.020 is hereby amended to read as follows:
Amend the title of the bill, third line, by deleting:
"blood, urine or other bodily substance;" and inserting:
"blood or urine;".