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. Chapter 483 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 For the purposes of NRS 483.908 and 483.922, "actual physical

1-4 control of a commercial motor vehicle" must be determined based upon:

1-5 1. Where and in what position the person was found in the

1-6 commercial motor vehicle;

1-7 2. Whether the engine of the commercial motor vehicle in which the

1-8 person was found was running;

1-9 3. Whether the person was found awake or asleep in the front seat of

1-10 the commercial motor vehicle;

1-11 4. If the person was apprehended at night, whether the lights of the

1-12 commercial motor vehicle in which he was found were on; and

2-1 5. Whether the person was trying to move the commercial motor

2-2 vehicle at the time he was found.

2-3 Sec. 1.5. NRS 483.025 is hereby amended to read as follows:

2-4 483.025 ["0.02 percent] The phrase "concentration of alcohol of 0.02

2-9 his breath.

2-10 Sec. 2. NRS 483.461 is hereby amended to read as follows:

2-11 483.461 1. If the result of a test given pursuant to NRS 484.382 or

2-29 privilege to drive pursuant to any other provision of law.

2-30 Sec. 3. NRS 483.462 is hereby amended to read as follows:

2-31 483.462 1. A peace officer who has received the result of a test given

2-43 to NRS 484.382 or 484.383 is present when a peace officer receives the

3-1 result of the test and the test indicates that the person has a concentration

3-2 of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol]

3-3 in his blood [,] or breath, the peace officer shall:

3-4 (a) Serve an order of suspension of the license, permit or privilege;

3-5 (b) Seize any license or permit of the person;

3-6 (c) Advise the person of his right to:

3-7 (1) Administrative and judicial review of the suspension; and

3-8 (2) Have a temporary license;

3-9 (d) If the person requests a temporary license, issue the person a

3-10 temporary license on a form approved by the department which becomes

3-11 effective 24 hours after he receives the temporary license and expires 120

3-12 hours after it becomes effective; and

3-13 (e) Transmit to the department:

3-14 (1) Any license or permit seized pursuant to paragraph (b); and

3-15 (2) The written certificate which the peace officer is required to

3-16 prepare pursuant to subsection 1.

3-17 3. If a person less than 21 years of age to whom a test is given pursuant

3-18 to NRS 484.382 or 484.383 is not present when a peace officer receives the

3-19 result of the test and the test indicates that the person has a concentration

3-20 of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol]

3-21 in his blood [,] or breath, the peace officer shall transmit to the department

3-22 a copy of the result of the test and the written certificate which the peace

3-23 officer is required to prepare pursuant to subsection 1.

3-24 4. The department, upon receiving a copy of the result of the test and

3-25 the written certificate transmitted by the peace officer pursuant to

3-26 subsection 3, shall:

3-27 (a) Review the result of the test and the written certificate; and

3-28 (b) If the department determines that it is appropriate, issue an order to

3-29 suspend the license, permit or privilege to drive of the person by mailing

3-30 the order to the person at his last known address.

3-31 5. An order for suspension issued by the department pursuant to

3-32 subsection 4 must:

3-33 (a) Explain the grounds for the suspension;

3-34 (b) Indicate the period of the suspension;

3-35 (c) Require the person to transmit to the department any license or

3-36 permit held by the person; and

3-37 (d) Explain that the person has a right to administrative and judicial

3-38 review of the suspension.

3-39 6. An order for suspension issued by the department pursuant to

3-40 subsection 4 is presumed to have been received by the person 5 days after

3-41 the order is deposited, postage prepaid, in the United States mail by the

3-42 department. The date of mailing of the order may be shown by a certificate

4-1 that is prepared by an officer or employee of the department specifying the

4-2 date of mailing.

4-3 Sec. 4. NRS 483.463 is hereby amended to read as follows:

4-4 483.463 1. At any time during which the license, permit or privilege

4-38 cancellation to the last known address of the holder.

4-39 Sec. 4.5. NRS 483.908 is hereby amended to read as follows:

4-40 483.908 The department shall adopt regulations:

4-42 revocation and reinstatement of commercial drivers’ licenses;

5-1 2. Providing the same exemptions allowed pursuant to federal

5-2 regulations for farmers, fire fighters, military personnel or any other class

5-3 of operators or vehicles for which exemptions are authorized by federal law

5-4 or regulations;

5-5 3. Specifying the violations which constitute grounds for

5-6 disqualification from driving a commercial motor vehicle and the penalties

5-7 associated with each violation;

5-8 4. Setting forth a schedule of various alcohol concentrations and the

5-9 penalties which must be imposed if those concentrations are detected in the

5-10 breath, blood, urine or other bodily substances of a person who is driving,

5-11 operating or is in actual physical control of a commercial motor vehicle;

5-12 and

5-13 5. Necessary to enable it to carry out the provisions of NRS 483.900 to

5-14 483.940, inclusive.

5-15 The department shall not adopt regulations which are more restrictive than

5-16 the federal regulations adopted pursuant to the Commercial Motor Vehicle

5-17 Safety Act of 1986, 49 U.S.C. §§ [2701-2716.] 31301-05 and 31308-17.

5-18 Sec. 5. NRS 483.922 is hereby amended to read as follows:

5-19 483.922 1. Except as otherwise provided in NRS 484.383, a person

5-29 intoxicating liquor or a controlled substance.

5-30 Sec. 5.5. Chapter 484 of NRS is hereby amended by adding thereto a

5-31 new section to read as follows:

5-32 For the purposes of NRS 484.379 to 484.3947, inclusive, "actual

5-33 physical control of a vehicle" must be determined based upon:

5-34 1. Where and in what position the person was found in the vehicle;

5-35 2. Whether the engine of the vehicle in which the person was found

5-36 was running;

5-37 3. Whether the person was found awake or asleep in the front seat of

5-38 the vehicle;

5-39 4. If the person was apprehended at night, whether the lights of the

5-40 vehicle in which he was found were on; and

5-41 5. Whether the person was trying to move the vehicle at the time he

5-42 was found.

6-1 Sec. 6. NRS 484.0135 is hereby amended to read as follows:

6-2 484.0135 The phrase ["0.10 percent] "concentration of alcohol of

6-3 0.10 or more [by weight of alcohol] in his blood [" includes a concentration

6-4 of alcohol in the blood or breath of a person of] or breath" means 0.10

6-5 gram or more [by weight] of alcohol [:

6-6 1. Per] per 100 milliliters of [his blood; or

6-7 2. Per] the blood of a person or per 210 liters of his breath.

6-8 Sec. 7. NRS 484.379 is hereby amended to read as follows:

6-9 484.379 1. It is unlawful for any person who:

6-40 484.37943 1. If a person is found guilty of a first violation, if the

6-43 NRS 484.379 within 7 years, the court shall, before sentencing the

7-1 offender, require an evaluation of the offender pursuant to subsection 3, 4

7-2 or 5 to determine whether he is an abuser of alcohol or other drugs.

7-3 2. If a person is convicted of a first violation of NRS 484.379 and he is

7-4 under 21 years of age at the time of the violation, the court shall, before

7-5 sentencing the offender, require an evaluation of the offender pursuant to

7-6 subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or

7-7 other drugs.

7-8 3. Except as otherwise provided in subsection 4 or 5, the evaluation of

7-9 an offender pursuant to this section must be conducted at an evaluation

7-10 center by:

7-11 (a) A counselor certified to make that evaluation by the bureau of

7-12 alcohol and drug abuse of the rehabilitation division of the department of

7-13 employment, training and rehabilitation;

7-14 (b) A physician certified to make that evaluation by the board of

7-15 medical examiners; or

7-16 (c) A person who is approved to make that evaluation by the bureau of

7-17 alcohol and drug abuse of the rehabilitation division of the department of

7-18 employment, training and rehabilitation,

7-19 who shall report to the court the results of the evaluation and make a

7-20 recommendation to the court concerning the length and type of treatment

7-21 required for the offender.

7-22 4. The evaluation of an offender who resides more than 30 miles from

7-23 an evaluation center may be conducted outside an evaluation center by a

7-24 person who has the qualifications set forth in subsection 3. The person who

7-25 conducts the evaluation shall report to the court the results of the evaluation

7-26 and make a recommendation to the court concerning the length and type of

7-27 treatment required for the offender.

7-28 5. The evaluation of an offender who resides in another state may,

7-29 upon approval of the court, be conducted in the state where the offender

7-30 resides by a physician or other person who is authorized by the appropriate

7-31 governmental agency in that state to conduct such an evaluation. The

7-32 offender shall ensure that the results of the evaluation and the

7-33 recommendation concerning the length and type of treatment for the

7-34 offender are reported to the court.

7-35 6. An offender who is evaluated pursuant to this section shall pay the

7-36 cost of the evaluation. An evaluation center or a person who conducts an

7-37 evaluation in this state outside an evaluation center shall not charge an

7-38 offender more than $100 for the evaluation.

7-39 Sec. 9. NRS 484.3795 is hereby amended to read as follows:

7-40 484.3795 1. A person who:

7-43 of alcohol] in his blood [;] or breath;

8-1 (c) Is found by measurement within 2 hours after driving or being in

8-2 actual physical control of a vehicle to have a concentration of alcohol of

8-3 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

8-4 (d) Is under the influence of a controlled substance, or under the

8-5 combined influence of intoxicating liquor and a controlled substance; or

8-6 (e) Inhales, ingests, applies or otherwise uses any chemical, poison or

8-7 organic solvent, or any compound or combination of any of these, to a

8-8 degree which renders him incapable of safely driving or exercising actual

8-9 physical control of a vehicle,

8-10 and does any act or neglects any duty imposed by law while driving or in

8-11 actual physical control of any vehicle on or off the highways of this state, if

8-12 the act or neglect of duty proximately causes the death of, or substantial

8-13 bodily harm to, a person other than himself, is guilty of a category B felony

8-14 and shall be punished by imprisonment in the state prison for a minimum

8-15 term of not less than 2 years and a maximum term of not more than 20

8-16 years and must be further punished by a fine of not less than $2,000 nor

8-17 more than $5,000. A person so imprisoned must, insofar as practicable, be

8-18 segregated from offenders whose crimes were violent and, insofar as

8-19 practicable, be assigned to an institution or facility of minimum security.

8-20 2. A prosecuting attorney shall not dismiss a charge of violating the

8-21 provisions of subsection 1 in exchange for a plea of guilty, guilty but

8-22 mentally ill or nolo contendere to a lesser charge or for any other reason

8-23 unless he knows or it is obvious that the charge is not supported by

8-24 probable cause or cannot be proved at the time of trial. A sentence imposed

8-25 pursuant to subsection 1 may not be suspended nor may probation be

8-26 granted.

8-27 3. If consumption is proven by a preponderance of the evidence, it is

8-28 an affirmative defense under paragraph (c) of subsection 1 that the

8-29 defendant consumed a sufficient quantity of alcohol after driving or being

8-30 in actual physical control of the vehicle, and before his blood or breath was

8-31 tested, to cause [the] him to have a concentration of alcohol of 0.10 or

8-32 more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant

8-33 who intends to offer this defense at a trial or preliminary hearing must, not

8-34 less than 14 days before the trial or hearing or at such other time as the

8-35 court may direct, file and serve on the prosecuting attorney a written notice

8-36 of that intent.

8-37 4. If the defendant was transporting a person who is less than 15 years

8-38 of age in the motor vehicle at the time of the violation, the court shall

8-39 consider that fact as an aggravating factor in determining the sentence of

8-40 the defendant.

8-41 Sec. 10. NRS 484.382 is hereby amended to read as follows:

8-42 484.382 1. Any person who drives or is in actual physical control of

8-43 a vehicle on a highway or on premises to which the public has access shall

9-1 be deemed to have given his consent to a preliminary test of his breath for

9-2 the purpose of determining the [alcoholic content of] concentration of

9-3 alcohol in his breath when the test is administered at the direction of a

9-4 police officer at the scene of a vehicle accident or collision or where he

9-5 stops a vehicle, if the officer has reasonable grounds to believe that the

9-6 person to be tested was driving or in actual physical control of a vehicle

9-7 while under the influence of intoxicating liquor or a controlled substance.

9-8 2. If the person fails to submit to the test, the officer shall seize his

9-9 license or permit to drive as provided in NRS 484.385 and arrest him and

9-10 take him to a convenient place for the administration of a reasonably

9-11 available evidentiary test under NRS 484.383.

9-12 3. The result of the preliminary test must not be used in any criminal

9-13 action, except to show there were reasonable grounds to make an arrest.

9-14 Sec. 11. NRS 484.383 is hereby amended to read as follows:

9-15 484.383 1. Except as otherwise provided in subsections 3 and 4, any

9-41 including the fees and expenses of witnesses in court.

10-1 (c) A police officer may direct the person to submit to a blood test as set

10-2 forth in subsection 7 if the officer has reasonable grounds to believe that

10-3 the person:

10-4 (1) Caused death or substantial bodily harm to another person as a

10-5 result of driving or being in actual physical control of a vehicle while under

10-6 the influence of intoxicating liquor or a controlled substance; or

10-7 (2) Has been convicted within the previous 7 years of:

10-8 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

10-9 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

10-10 prohibits the same or similar conduct; or

10-11 (II) Any other offense in this state or another jurisdiction in which

10-12 death or substantial bodily harm to another person resulted from driving,

10-13 operating or being in actual physical control of a vehicle or a vessel under

10-14 power or sail while under the influence of intoxicating liquor or a

10-15 controlled substance.

10-16 5. If the presence of a controlled substance in the blood of the person is

10-17 in issue, the officer may direct him to submit to a blood or urine test, or

10-18 both, in addition to the breath test.

10-19 6. Except as otherwise provided in subsections 3 and 5, a police officer

10-20 shall not direct a person to submit to a urine test.

10-21 7. If a person to be tested fails to submit to a required test as directed

10-22 by a police officer pursuant to this section and the officer has reasonable

10-23 grounds to believe that the person to be tested was driving or in actual

10-24 physical control of a motor vehicle while under the influence of

10-25 intoxicating liquor or a controlled substance, the officer may direct that

10-26 reasonable force be used to the extent necessary to obtain samples of blood

10-27 from the person to be tested. Not more than three such samples may be

10-28 taken during the 5-hour period immediately following the time of the initial

10-29 arrest. In such a circumstance, the officer is not required to provide the

10-30 person with a choice of tests for determining the [alcoholic content]

10-31 concentration of alcohol or presence of a controlled substance in his

10-32 blood.

10-33 8. If a person who is less than 18 years of age is directed to submit to

10-34 an evidentiary test pursuant to this section, the officer shall, before testing

10-35 the person, make a reasonable attempt to notify the parent, guardian or

10-36 custodian of the person, if known.

10-37 Sec. 12. NRS 484.384 is hereby amended to read as follows:

10-38 484.384 1. If the result of a test given under NRS 484.382 or

10-43 privilege for a period of 90 days.

11-1 2. If a revocation of a person’s license, permit or privilege to drive

11-2 under NRS 62.227 or 483.460 follows a revocation under subsection 1

11-3 which was based on his having a concentration of alcohol of 0.10

11-4 [percent] or more [by weight of alcohol] in his blood [,] or breath, the

11-5 department shall cancel the revocation under that subsection and give the

11-6 person credit for any period during which he was not eligible for a license,

11-7 permit or privilege.

11-8 3. Periods of ineligibility for a license, permit or privilege to drive

11-9 which are imposed pursuant to this section must run consecutively.

11-10 Sec. 13. NRS 484.385 is hereby amended to read as follows:

11-11 484.385 1. As agent for the department, the officer who obtained the

11-43 privilege to drive by mailing the order to the person at his last known

12-1 address. The order must indicate the grounds for the revocation and the

12-2 period during which the person is not eligible for a license, permit or

12-3 privilege to drive and state that the person has a right to administrative and

12-4 judicial review of the revocation and to have a temporary license. The order

12-5 of revocation becomes effective 5 days after mailing.

12-6 4. Notice of an order of revocation and notice of the affirmation of a

12-7 prior order of revocation or the cancellation of a temporary license

12-8 provided in NRS 484.387 is sufficient if it is mailed to the person’s last

12-9 known address as shown by any application for a license. The date of

12-10 mailing may be proved by the certificate of any officer or employee of the

12-11 department, specifying the time of mailing the notice. The notice is

12-12 presumed to have been received upon the expiration of 5 days after it is

12-13 deposited, postage prepaid, in the United States mail.

12-14 5. As used in this section, "controlled substance" means any of the

12-15 following substances for which a valid prescription has not been issued to

12-16 the consumer:

12-17 (a) Amphetamine;

12-18 (b) Benzoylecgonine;

12-19 (c) Cocaine;

12-20 (d) Heroin;

12-21 (e) Lysergic acid diethylamide;

12-22 (f) Mecloqualone;

12-23 (g) Mescaline;

12-24 (h) Methamphetamine;

12-25 (i) Methaqualone;

12-26 (j) Monoacetylmorphine;

12-27 (k) Phencyclidine;

12-28 (l) N-ethylamphetamine;

12-29 (m) N, N-dimethylamphetamine;

12-30 (n) 2, 5-dimethoxyamphetamine;

12-31 (o) 3, 4-methylenedioxyamphetamine;

12-32 (p) 3, 4, 5-trimethoxyamphetamine;

12-33 (q) 4-bromo-2, 5-dimethoxyamphetamine;

12-34 (r) 4-methoxyamphetamine;

12-35 (s) 4-methyl-2, 5-dimethoxyamphetamine;

12-36 (t) 5-dimethoxy-alpha-methylphenethylamine; or

12-37 (u) 5-methoxy-3, 4-methylenedioxyamphetamine,

12-38 if the substance is classified in schedule I or II pursuant to NRS 453.166 or

12-39 453.176 at the time the substance is consumed.

12-40 Sec. 14. NRS 484.386 is hereby amended to read as follows:

12-41 484.386 1. Except as otherwise provided in subsection 2, an

12-43 alcohol in a person’s breath may be used to establish that [percentage]

13-1 concentration only if two consecutive samples of the person’s breath are

13-2 taken and:

13-3 (a) The difference between the [percentage] concentration of alcohol in

13-4 the person’s breath indicated by the two samples is less than or equal to

13-5 0.02;

13-6 (b) If the provisions of paragraph (a) do not apply, a third evidentiary

13-7 test of breath is administered and the difference between the [percentage]

13-8 concentration of alcohol in the person’s breath indicated by the third

13-9 sample and one of the first two samples is less than or equal to 0.02; or

13-10 (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth

13-11 evidentiary test is administered. Except as otherwise provided in NRS

13-12 484.383, the fourth evidentiary test must be a blood test.

13-13 2. If the person fails to provide the second or third consecutive sample,

13-14 or to submit to the fourth evidentiary test, the results of the first test may be

13-15 used alone as evidence of the [percentage] concentration of alcohol in the

13-16 person’s breath. If for some other reason a second, third or fourth sample is

13-17 not obtained, the results of the first test may be used with all other evidence

13-18 presented to establish the [percentage.] concentration.

13-19 3. If a person refuses or otherwise fails to provide a second or third

13-20 consecutive sample or submit to a fourth evidentiary test, a police officer

13-21 may direct that reasonable force be used to obtain a sample or conduct a

13-22 test pursuant to NRS 484.383.

13-23 Sec. 15. NRS 484.387 is hereby amended to read as follows:

13-24 484.387 1. At any time while a person is not eligible for a license,

13-43 of the same issues in district court in the same manner as provided by

14-1 chapter 233B of NRS. The court shall notify the department upon the

14-2 issuance of a stay and the department shall issue an additional temporary

14-3 license for a period which is sufficient to complete the review.

14-4 4. If a hearing officer grants a continuance of a hearing at the request

14-5 of the person whose license was revoked, or a court does so after issuing a

14-6 stay of the revocation, the officer or court shall notify the department, and

14-7 the department shall cancel the temporary license and notify the holder by

14-8 mailing the order of cancellation to his last known address.

14-9 Sec. 16. NRS 484.3882 is hereby amended to read as follows:

14-10 484.3882 1. The committee on testing for intoxication shall:

14-35 certified by the committee.

14-36 Sec. 17. NRS 484.3884 is hereby amended to read as follows:

14-37 484.3884 1. The committee on testing for intoxication shall adopt

14-43 device must calibrate it or have it calibrated by the director or his agent.

15-1 (b) Establish methods for ascertaining the competence of persons to

15-2 calibrate such devices and provide for the examination and certification of

15-3 those persons by the department. A certificate issued by the department

15-4 may not be made effective for longer than 3 years.

15-5 (c) Prescribe the form and contents of records respecting the calibration

15-6 of such devices which must be kept by a law enforcement agency and any

15-7 other records respecting the maintenance or operation of those devices

15-8 which it finds should be kept by such an agency.

15-9 2. The director shall issue a certificate to any person who is found

15-10 competent to calibrate such a device or examine others on their competence

15-11 in that calibration.

15-12 Sec. 18. NRS 484.3886 is hereby amended to read as follows:

15-13 484.3886 1. The committee on testing for intoxication shall adopt

15-34 one who is certified pursuant to this section.

15-35 Sec. 19. NRS 484.3888 is hereby amended to read as follows:

15-36 484.3888 1. The committee on testing for intoxication may adopt

15-41 (b) The certification of persons who make those calibrations;

16-1 (c) The certification of persons who operate devices for testing a

16-2 person’s blood or urine to determine the [amount] concentration of alcohol

16-3 or presence of a controlled substance in the person’s blood or urine; and

16-4 (d) The certification of persons who examine those operators.

16-5 2. The committee may adopt regulations that prescribe the essential

16-6 procedures for the proper operation of the various types of devices used to

16-7 test a person’s blood or urine to determine the [amount] concentration of

16-8 alcohol or the presence of a controlled substance in the person’s blood or

16-9 urine.

16-10 Sec. 20. NRS 484.391 is hereby amended to read as follows:

16-11 484.391 1. A person arrested for driving a vehicle while under the

16-23 substituted for or stand in lieu of the test required by NRS 484.383.

16-24 Sec. 21. NRS 484.3935 is hereby amended to read as follows:

16-25 484.3935 If:

16-34 suitable for calibrating the device.

16-35 Sec. 22. NRS 484.394 is hereby amended to read as follows:

16-36 484.394 1. Any coroner, or other public official performing like

16-41 [amount] concentration of alcohol.

17-1 2. The findings of the examinations are a matter of public record and

17-2 must be reported to the department by the coroner or other public official

17-3 within 30 days [of] after the death.

17-4 3. Blood-alcohol analyses are acceptable only if made by laboratories

17-5 licensed to perform this function.

17-6 Sec. 23. NRS 484.3941 is hereby amended to read as follows:

17-7 484.3941 As used in NRS 484.3941 to 484.3947, inclusive, unless the

17-14 in which it is installed from starting.

17-15 Sec. 24. NRS 484.3947 is hereby amended to read as follows:

17-16 484.3947 1. The committee on testing for intoxication shall on or

17-40 the motor vehicle in which it is installed from starting.

18-1 Sec. 24.5. NRS 484.448 is hereby amended to read as follows:

18-2 484.448 1. It is unlawful for a person to drink an alcoholic beverage

18-20 the seating of the driver or a passenger.

18-21 Sec. 25. NRS 484.791 is hereby amended to read as follows:

18-22 484.791 1. Any peace officer may, without a warrant, arrest a person

18-42 (f) Reckless driving;

19-1 (g) Driving a motor vehicle on a highway or on premises to which the

19-2 public has access at a time when his driver’s license has been canceled,

19-3 revoked or suspended; or

19-4 (h) Driving a motor vehicle in any manner in violation of the restrictions

19-5 imposed in a restricted license issued to him pursuant to NRS 483.490.

19-6 2. Whenever any person is arrested as authorized in this section he

19-7 must be taken without unnecessary delay before the proper magistrate as

19-8 specified in NRS 484.803, except that in the case of either of the offenses

19-9 designated in paragraphs (e) and (f) of subsection 1 a peace officer has the

19-10 same discretion as is provided in other cases in NRS 484.795.

19-11 3. For the purposes of this section, "actual physical control of a

19-12 motor vehicle" must be determined in the manner set forth in section 5.5

19-13 of this act.

19-14 Sec. 25.5. Chapter 488 of NRS is hereby amended by adding thereto a

19-15 new section to read as follows:

19-16 For the purposes of NRS 488.400 to 488.520, inclusive, "actual

19-17 physical control of a vessel" must be determined based upon:

19-18 1. Where and in what position the person was found in the vessel;

19-19 2. Whether the engine of the vessel in which the person was found

19-20 was running;

19-21 3. Whether the person was found awake or asleep in the front seat of

19-22 the vessel;

19-23 4. If the person was apprehended at night, whether the lights of the

19-24 vessel in which he was found were on; and

19-25 5. Whether the person was trying to move the vessel at the time he

19-26 was found.

19-27 Sec. 26. NRS 488.405 is hereby amended to read as follows:

19-28 488.405 As used in NRS 488.410 and 488.420, the phrase ["0.10

19-33 2. Per] the blood of a person or per 210 liters of his breath.

19-34 Sec. 27. NRS 488.407 is hereby amended to read as follows:

19-35 488.407 1. Except as otherwise provided in subsections 5 and 6, a

19-42 reasonable grounds to believe that the person to be tested was operating or

20-1 exercising actual physical control of a vessel under power or sail while

20-2 under the influence of intoxicating liquor or a controlled substance.

20-3 2. If a person refuses to submit to such a test as directed by a peace

20-4 officer, evidence of that refusal is admissible in any criminal action to

20-5 determine whether the person was operating or exercising actual physical

20-6 control of a vessel under power or sail while under the influence of

20-7 intoxicating liquor or a controlled substance.

20-8 3. The person to be tested must be informed that his refusal to submit

20-9 to the test is admissible pursuant to subsection 2.

20-10 4. Any person who is dead, unconscious or otherwise in a condition

20-11 rendering him incapable of refusal shall be deemed not to have withdrawn

20-12 his consent, and any such test may be administered whether or not the

20-13 person is informed that evidence of his refusal to submit to the test is

20-14 admissible.

20-15 5. Any person who is afflicted with hemophilia or with a heart

20-16 condition requiring the use of an anticoagulant as determined by a

20-17 physician is exempt from any blood test which may be required pursuant to

20-18 this section, but may be required to submit to a test of his breath or urine.

20-19 6. Except as otherwise provided in subsection 9, if the [alcoholic

20-20 content] concentration of alcohol in the blood or breath of the person to

20-21 be tested is in issue, he may refuse to submit to a blood test if means are

20-22 reasonably available to perform a breath test. If the person requests a blood

20-23 test and the means are reasonably available to perform a breath test, and he

20-24 is subsequently convicted, he must pay for the cost of the substituted test,

20-25 including the fees and expenses of witnesses in court.

20-26 7. If the presence of a controlled substance in the blood of the person is

20-27 in issue, the officer may direct him to submit to a blood or urine test, or

20-28 both, in addition to the breath test.

20-29 8. Except as otherwise provided in subsections 5 and 7, a peace officer

20-30 shall not direct a person to submit to a urine test.

20-31 9. Except as otherwise provided in this subsection, a person who

20-32 refuses to submit to a test required by this section must not be tested. If an

20-33 officer has reasonable cause to believe that:

20-34 (a) The person to be tested was operating or in actual physical control of

20-35 a vessel while under the influence of intoxicating liquor or a controlled

20-36 substance; and

20-37 (b) The person thereby caused the death or substantial bodily harm of

20-38 another,

20-39 the officer may direct that reasonable force be used to the extent necessary

20-40 to obtain samples of blood from the person to be tested. Not more than

20-41 three such samples may be taken during the 5-hour period immediately

20-42 following the time of the initial arrest. In such a circumstance, the officer is

20-43 not required to provide the person with a choice of tests for determining the

21-1 [alcoholic content] concentration of alcohol in his blood or breath or

21-2 presence of a controlled substance in his blood.

21-3 Sec. 28. NRS 488.410 is hereby amended to read as follows:

21-4 488.410 1. It is unlawful for any person who:

21-33 notice of that intent.

21-34 Sec. 29. NRS 488.420 is hereby amended to read as follows:

21-35 488.420 1. A person who:

21-42 in his blood [;] or breath;

22-1 (d) Is under the influence of a controlled substance, or under the

22-2 combined influence of intoxicating liquor and a controlled substance; or

22-3 (e) Inhales, ingests, applies or otherwise uses any chemical, poison or

22-4 organic solvent, or any compound or combination of any of these, to a

22-5 degree which renders him incapable of safely operating or being in actual

22-6 physical control of a vessel under power or sail,

22-7 and does any act or neglects any duty imposed by law while operating or

22-8 being in actual physical control of any vessel under power or sail, if the act

22-9 or neglect of duty proximately causes the death of, or substantial bodily

22-10 harm to, a person other than himself, is guilty of a category B felony and

22-11 shall be punished by imprisonment in the state prison for a minimum term

22-12 of not less than 2 years and a maximum term of not more than 20 years and

22-13 shall be further punished by a fine of not less than $2,000 nor more than

22-14 $5,000. A person so imprisoned must, insofar as practicable, be segregated

22-15 from offenders whose crimes were violent and, insofar as practicable, be

22-16 assigned to an institution or facility of minimum security.

22-17 2. A prosecuting attorney shall not dismiss a charge of violating the

22-18 provisions of subsection 1 in exchange for a plea of guilty, guilty but

22-19 mentally ill or nolo contendere to a lesser charge or for any other reason

22-20 unless he knows or it is obvious that the charge is not supported by

22-21 probable cause or cannot be proved at the time of trial. A sentence imposed

22-22 pursuant to subsection 1 must not be suspended, and probation must not be

22-23 granted.

22-24 3. If consumption is proven by a preponderance of the evidence, it is

22-25 an affirmative defense under paragraph (c) of subsection 1 that the

22-26 defendant consumed a sufficient quantity of alcohol after operating or

22-27 being in actual physical control of the vessel under power or sail, and

22-28 before his blood was tested, to cause [the] him to have a concentration of

22-29 alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or

22-30 breath. A defendant who intends to offer this defense at a trial or

22-31 preliminary hearing must, not less than 14 days before the trial or hearing

22-32 or at such other time as the court may direct, file and serve on the

22-33 prosecuting attorney a written notice of that intent.

22-34 4. If a person less than 15 years of age was in the vessel at the time of

22-35 the defendant’s violation, the court shall consider that fact as an

22-36 aggravating factor in determining the sentence of the defendant.

22-37 Sec. 30. NRS 488.450 is hereby amended to read as follows:

22-38 488.450 1. Any person who operates or is in actual physical control

22-43 collision or where an officer stops a vessel, if the officer has reasonable

23-1 grounds to believe that the person to be tested was operating or in actual

23-2 physical control of a vessel under power or sail while under the influence of

23-3 intoxicating liquor or a controlled substance.

23-4 2. If the person fails to submit to the test, the officer shall arrest him

23-5 and take him to a convenient place for the administration of a reasonably

23-6 available evidentiary test under NRS 488.460.

23-7 3. The result of the preliminary test must not be used in any criminal

23-8 action, except to show there were reasonable grounds to make an arrest.

23-9 Sec. 31. NRS 488.460 is hereby amended to read as follows:

23-10 488.460 1. Except as otherwise provided in subsections 3 and 4, a

23-43 controlled substance; or

24-1 (2) Has been convicted within the previous 7 years of:

24-2 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

24-3 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

24-4 prohibits the same or similar conduct; or

24-5 (II) Any other offense in this state or another jurisdiction in which

24-6 death or substantial bodily harm to another person resulted from driving,

24-7 operating or being in actual physical control of a vehicle or a vessel under

24-8 power or sail while under the influence of intoxicating liquor or a

24-9 controlled substance.

24-10 5. If the presence of a controlled substance in the blood of the person is

24-11 in issue, the officer may direct him to submit to a blood or urine test, or

24-12 both, in addition to the breath test.

24-13 6. Except as otherwise provided in subsections 3 and 5, a peace officer

24-14 shall not direct a person to submit to a urine test.

24-15 7. If a person to be tested fails to submit to a required test as directed

24-16 by a peace officer pursuant to this section and the officer has reasonable

24-17 grounds to believe that the person to be tested was operating or in actual

24-18 physical control of a vessel under power or sail while under the influence of

24-19 intoxicating liquor or a controlled substance, the officer may direct that

24-20 reasonable force be used to the extent necessary to obtain samples of blood

24-21 from the person to be tested. Not more than three such samples may be

24-22 taken during the 5-hour period immediately following the time of the initial

24-23 arrest. In such a circumstance, the officer is not required to provide the

24-24 person with a choice of tests for determining the alcoholic content or

24-25 presence of a controlled substance in his blood.

24-26 Sec. 32. NRS 488.470 is hereby amended to read as follows:

24-27 488.470 1. Except as otherwise provided in subsection 2, an

24-43 or to submit to the fourth evidentiary test, the results of the first test may be

25-1 used alone as evidence of the [percentage] concentration of alcohol in the

25-2 person’s breath. If for some other reason a second, third or fourth sample is

25-3 not obtained, the results of the first test may be used with all other evidence

25-4 presented to establish the [percentage.] concentration.

25-5 3. If a person refuses or otherwise fails to provide a second or third

25-6 consecutive sample or submit to a fourth evidentiary test, a peace officer

25-7 may direct that reasonable force be used to obtain a sample or conduct a

25-8 test pursuant to NRS 488.460.

25-9 Sec. 33. NRS 488.480 is hereby amended to read as follows:

25-10 488.480 1. If a person refuses to submit to a required chemical test

25-43 a type certified by the committee on testing for intoxication.

26-1 (b) Test has been performed by a person other than one who is certified

26-2 by the director.

26-3 Sec. 34. NRS 488.490 is hereby amended to read as follows:

26-4 488.490 1. A person arrested for operating or exercising actual

26-15 substituted for or stand in lieu of the test required by NRS 488.460.

26-16 Sec. 35. NRS 488.510 is hereby amended to read as follows:

26-17 488.510 If:

26-26 suitable for calibrating the device.

26-27 Sec. 36. NRS 488.520 is hereby amended to read as follows:

26-28 488.520 1. Any coroner, or other public officer performing like

26-39 laboratories licensed to perform this function.

26-40 Sec. 37. NRS 50.315 is hereby amended to read as follows:

26-41 50.315 1. Except as otherwise provided in subsections 6 and 7, the

26-42 affidavit or declaration of a person is admissible in evidence in any

26-43 criminal or administrative proceeding to prove:

27-1 (a) That the affiant or declarant has been certified by the director of the

27-2 department of motor vehicles and public safety as being competent to

27-3 operate devices of a type certified by the committee on testing for

27-4 intoxication as accurate and reliable for testing a person’s breath to

27-5 determine the [amount by weight] concentration of alcohol in his breath;

27-6 (b) The identity of a person from whom the affiant or declarant obtained

27-7 a sample of breath; and

27-8 (c) That the affiant or declarant tested the sample using a device of a

27-9 type so certified and that the device was functioning properly.

27-10 2. Except as otherwise provided in subsections 6 and 7, the affidavit or

27-11 declaration of a person who prepared a chemical solution or gas that has

27-12 been used in calibrating a device for testing another’s breath to determine

27-13 the [amount] concentration of alcohol in his breath is admissible in

27-14 evidence in any criminal or administrative proceeding to prove:

27-15 (a) The occupation of the affiant or declarant; and

27-16 (b) That the solution or gas has the chemical composition necessary for

27-17 accurately calibrating it.

27-18 3. Except as otherwise provided in subsections 6 and 7, the affidavit or

27-19 declaration of a person who calibrates a device for testing another’s breath

27-20 to determine the [amount] concentration of alcohol in his breath is

27-21 admissible in evidence in any criminal or administrative proceeding to

27-22 prove:

27-23 (a) The occupation of the affiant or declarant;

27-24 (b) That on a specified date the affiant or declarant calibrated the device

27-25 at a named law enforcement agency by using the procedures and equipment

27-26 prescribed in the regulations of the committee on testing for intoxication;

27-27 (c) That the calibration was performed within the period required by the

27-28 committee’s regulations; and

27-29 (d) Upon completing the calibration of the device, it was operating

27-30 properly.

27-31 4. Except as otherwise provided in subsections 6 and 7, the affidavit or

27-32 declaration made under the penalty of perjury of a person who withdraws a

27-33 sample of blood from another for analysis by an expert as set forth in NRS

27-34 50.320 is admissible in any criminal or administrative proceeding to prove:

27-35 (a) The occupation of the affiant or declarant;

27-36 (b) The identity of the person from whom the affiant or declarant

27-37 withdrew the sample;

27-38 (c) The fact that the affiant or declarant kept the sample in his sole

27-39 custody or control and in substantially the same condition as when he first

27-40 obtained it until delivering it to another; and

27-41 (d) The identity of the person to whom the affiant or declarant delivered

27-42 it.

28-1 5. Except as otherwise provided in subsections 6 and 7, the affidavit or

28-2 declaration of a person who receives from another a sample of blood or

28-3 urine or other tangible evidence that is alleged to contain alcohol or a

28-4 controlled substance, chemical, poison or organic solvent may be admitted

28-5 in any criminal, civil or administrative proceeding to prove:

28-6 (a) The occupation of the affiant or declarant;

28-7 (b) The fact that the affiant or declarant received a sample or other

28-8 evidence from another person and kept it in his sole custody or control in

28-9 substantially the same condition as when he first received it until delivering

28-10 it to another; and

28-11 (c) The identity of the person to whom the affiant or declarant delivered

28-12 it.

28-13 6. If, at or before the time of the trial, the defendant establishes that:

28-14 (a) There is a substantial and bona fide dispute regarding the facts in the

28-15 affidavit or declaration; and

28-16 (b) It is in the best interests of justice that the witness who signed the

28-17 affidavit or declaration be cross-examined,

28-18 the court may order the prosecution to produce the witness and may

28-19 continue the trial for any time the court deems reasonably necessary to

28-20 receive such testimony. The time within which a trial is required is

28-21 extended by the time of the continuance.

28-22 7. During any trial in which the defendant has been accused of

28-23 committing a felony, the defendant may object in writing to admitting into

28-24 evidence an affidavit or declaration described in this section. If the

28-25 defendant makes such an objection, the court shall not admit the affidavit or

28-26 declaration into evidence and the prosecution may cause the person to

28-27 testify in court to any information contained in the affidavit or declaration.

28-28 8. The committee on testing for intoxication shall adopt regulations

28-29 prescribing the form of the affidavits and declarations described in this

28-30 section.

28-31 Sec. 38. NRS 50.320 is hereby amended to read as follows:

28-32 50.320 1. The affidavit or declaration of a chemist and any other

28-33 person who has qualified in the district court of any county to testify as an

28-34 expert witness regarding the presence in the breath, blood or urine of a

28-35 person of alcohol, a controlled substance, or a chemical, poison or organic

28-36 solvent, or the identity or quantity of a controlled substance alleged to have

28-37 been in the possession of a person, which is submitted to prove:

28-38 (a) The quantity of the purported controlled substance; or

28-39 (b) The [amount] concentration of alcohol or the presence or absence of

28-40 a controlled substance, chemical, poison or organic solvent, as the case may

28-41 be,

28-42 is admissible in the manner provided in this section.

29-1 2. An affidavit or declaration which is submitted to prove any fact set

29-2 forth in subsection 1 must be admitted into evidence when submitted during

29-3 any administrative proceeding, preliminary hearing or hearing before a

29-4 grand jury. The court shall not sustain any objection to the admission of

29-5 such an affidavit or declaration.

29-6 3. The defendant may object in writing to admitting into evidence an

29-7 affidavit or declaration submitted to prove any fact set forth in subsection 1

29-8 during his trial. If the defendant makes such an objection, the court shall

29-9 not admit the affidavit or declaration into evidence and the prosecution may

29-10 cause the person to testify in court to any information contained in the

29-11 affidavit or declaration.

29-12 4. The committee on testing for intoxication shall adopt regulations

29-13 prescribing the form of the affidavits and declarations described in this

29-14 section.

29-15 Sec. 38.5. NRS 50.325 is hereby amended to read as follows:

29-16 50.325 1. If a person is charged with an offense punishable pursuant