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. NRS 483.025 is hereby amended to read as follows:

1-2 483.025 ["0.02 percent] The phrase "concentration of alcohol of 0.02

1-7 his breath.

1-8 Sec. 2. NRS 483.461 is hereby amended to read as follows:

1-9 483.461 1. If the result of a test given pursuant to NRS 484.382 or

2-1 2. If a revocation or suspension of a person’s license, permit or

2-2 privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795

2-3 follows a suspension ordered pursuant to subsection 1, the department

2-4 shall:

2-5 (a) Cancel the suspension ordered pursuant to subsection 1; and

2-6 (b) Give the person credit toward the period of revocation or suspension

2-7 ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is

2-8 applicable, for any period during which the person’s license, permit or

2-9 privilege to drive was suspended pursuant to subsection 1.

2-10 3. This section does not preclude:

2-11 (a) The prosecution of a person for a violation of any other provision of

2-12 law; or

2-13 (b) The suspension or revocation of a person’s license, permit or

2-14 privilege to drive pursuant to any other provision of law.

2-15 Sec. 3. NRS 483.462 is hereby amended to read as follows:

2-16 483.462 1. A peace officer who has received the result of a test given

2-42 (1) Any license or permit seized pursuant to paragraph (b); and

3-1 (2) The written certificate which the peace officer is required to

3-2 prepare pursuant to subsection 1.

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

3-4 to NRS 484.382 or 484.383 is not present when a peace officer receives the

3-5 result of the test and the test indicates that the person has a concentration

3-6 of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol]

3-7 in his blood [,] or breath, the peace officer shall transmit to the department

3-8 a copy of the result of the test and the written certificate which the peace

3-9 officer is required to prepare pursuant to subsection 1.

3-10 4. The department, upon receiving a copy of the result of the test and

3-11 the written certificate transmitted by the peace officer pursuant to

3-12 subsection 3, shall:

3-13 (a) Review the result of the test and the written certificate; and

3-14 (b) If the department determines that it is appropriate, issue an order to

3-15 suspend the license, permit or privilege to drive of the person by mailing

3-16 the order to the person at his last known address.

3-17 5. An order for suspension issued by the department pursuant to

3-18 subsection 4 must:

3-19 (a) Explain the grounds for the suspension;

3-20 (b) Indicate the period of the suspension;

3-21 (c) Require the person to transmit to the department any license or

3-22 permit held by the person; and

3-23 (d) Explain that the person has a right to administrative and judicial

3-24 review of the suspension.

3-25 6. An order for suspension issued by the department pursuant to

3-26 subsection 4 is presumed to have been received by the person 5 days after

3-27 the order is deposited, postage prepaid, in the United States mail by the

3-28 department. The date of mailing of the order may be shown by a certificate

3-29 that is prepared by an officer or employee of the department specifying the

3-30 date of mailing.

3-31 Sec. 4. NRS 483.463 is hereby amended to read as follows:

3-32 483.463 1. At any time during which the license, permit or privilege

3-43 (2) The production of relevant books and papers; and

4-1 (b) Require a re-examination of the requester.

4-2 4. The scope of the hearing must be limited to the issues of whether the

4-3 person, at the time of the test:

4-4 (a) Was less than 21 years of age; and

4-5 (b) Had a concentration of alcohol of 0.02 [percent] or more but less

4-6 than 0.10 [percent by weight of alcohol] in his blood [.] or breath.

4-7 5. The department shall issue the person a temporary license for a

4-8 period that is sufficient to complete the administrative hearing.

4-9 6. Upon an affirmative finding on the issues listed in subsection 4, the

4-10 department shall affirm the order of suspension. Otherwise, the order of

4-11 suspension must be rescinded.

4-12 7. If the order of suspension is affirmed by the department, the person

4-13 is entitled to judicial review of the issues listed in subsection 4 in the

4-14 manner provided in chapter 233B of NRS.

4-15 8. The court shall notify the department upon issuing a stay. Upon

4-16 receiving such notice, the department shall issue an additional temporary

4-17 license for a period that is sufficient to complete the judicial review.

4-18 9. The hearing officer or the court shall notify the department if the

4-19 hearing officer grants a continuance of the administrative hearing or the

4-20 court grants a continuance after issuing a stay of the suspension. Upon

4-21 receiving such notice, the department shall cancel any temporary license

4-22 granted pursuant to this section and notify the holder by mailing an order of

4-23 cancellation to the last known address of the holder.

4-24 Sec. 5. NRS 483.922 is hereby amended to read as follows:

4-25 483.922 1. Except as otherwise provided in NRS 484.383, a person

4-35 intoxicating liquor or a controlled substance.

4-36 Sec. 6. NRS 484.0135 is hereby amended to read as follows:

4-37 484.0135 The phrase ["0.10 percent] "concentration of alcohol of

4-38 0.10 or more [by weight of alcohol] in his blood [" includes a concentration

4-39 of alcohol in the blood or breath of a person of] or breath" means 0.10

4-40 gram or more [by weight] of alcohol [:

4-41 1. Per] per 100 milliliters of [his blood; or

4-42 2. Per] the blood of a person or per 210 liters of his breath.

5-1 Sec. 7. NRS 484.379 is hereby amended to read as follows:

5-2 484.379 1. It is unlawful for any person who:

5-33 484.37943 1. If a person is found guilty of a first violation, if the

5-43 other drugs.

6-1 3. Except as otherwise provided in subsection 4 or 5, the evaluation of

6-2 an offender pursuant to this section must be conducted at an evaluation

6-3 center by:

6-4 (a) A counselor certified to make that evaluation by the bureau of

6-5 alcohol and drug abuse of the rehabilitation division of the department of

6-6 employment, training and rehabilitation;

6-7 (b) A physician certified to make that evaluation by the board of

6-8 medical examiners; or

6-9 (c) A person who is approved to make that evaluation by the bureau of

6-10 alcohol and drug abuse of the rehabilitation division of the department of

6-11 employment, training and rehabilitation,

6-12 who shall report to the court the results of the evaluation and make a

6-13 recommendation to the court concerning the length and type of treatment

6-14 required for the offender.

6-15 4. The evaluation of an offender who resides more than 30 miles from

6-16 an evaluation center may be conducted outside an evaluation center by a

6-17 person who has the qualifications set forth in subsection 3. The person who

6-18 conducts the evaluation shall report to the court the results of the evaluation

6-19 and make a recommendation to the court concerning the length and type of

6-20 treatment required for the offender.

6-21 5. The evaluation of an offender who resides in another state may,

6-22 upon approval of the court, be conducted in the state where the offender

6-23 resides by a physician or other person who is authorized by the appropriate

6-24 governmental agency in that state to conduct such an evaluation. The

6-25 offender shall ensure that the results of the evaluation and the

6-26 recommendation concerning the length and type of treatment for the

6-27 offender are reported to the court.

6-28 6. An offender who is evaluated pursuant to this section shall pay the

6-29 cost of the evaluation. An evaluation center or a person who conducts an

6-30 evaluation in this state outside an evaluation center shall not charge an

6-31 offender more than $100 for the evaluation.

6-32 Sec. 9. NRS 484.3795 is hereby amended to read as follows:

6-33 484.3795 1. A person who:

7-1 (e) Inhales, ingests, applies or otherwise uses any chemical, poison or

7-2 organic solvent, or any compound or combination of any of these, to a

7-3 degree which renders him incapable of safely driving or exercising actual

7-4 physical control of a vehicle,

7-5 and does any act or neglects any duty imposed by law while driving or in

7-6 actual physical control of any vehicle on or off the highways of this state, if

7-7 the act or neglect of duty proximately causes the death of, or substantial

7-8 bodily harm to, a person other than himself, is guilty of a category B felony

7-9 and shall be punished by imprisonment in the state prison for a minimum

7-10 term of not less than 2 years and a maximum term of not more than 20

7-11 years and must be further punished by a fine of not less than $2,000 nor

7-12 more than $5,000. A person so imprisoned must, insofar as practicable, be

7-13 segregated from offenders whose crimes were violent and, insofar as

7-14 practicable, be assigned to an institution or facility of minimum security.

7-15 2. A prosecuting attorney shall not dismiss a charge of violating the

7-16 provisions of subsection 1 in exchange for a plea of guilty, guilty but

7-17 mentally ill or nolo contendere to a lesser charge or for any other reason

7-18 unless he knows or it is obvious that the charge is not supported by

7-19 probable cause or cannot be proved at the time of trial. A sentence imposed

7-20 pursuant to subsection 1 may not be suspended nor may probation be

7-21 granted.

7-22 3. If consumption is proven by a preponderance of the evidence, it is

7-23 an affirmative defense under paragraph (c) of subsection 1 that the

7-24 defendant consumed a sufficient quantity of alcohol after driving or being

7-25 in actual physical control of the vehicle, and before his blood or breath was

7-26 tested, to cause [the] him to have a concentration of alcohol of 0.10 or

7-27 more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant

7-28 who intends to offer this defense at a trial or preliminary hearing must, not

7-29 less than 14 days before the trial or hearing or at such other time as the

7-30 court may direct, file and serve on the prosecuting attorney a written notice

7-31 of that intent.

7-32 4. If the defendant was transporting a person who is less than 15 years

7-33 of age in the motor vehicle at the time of the violation, the court shall

7-34 consider that fact as an aggravating factor in determining the sentence of

7-35 the defendant.

7-36 Sec. 10. NRS 484.382 is hereby amended to read as follows:

7-37 484.382 1. Any person who drives or is in actual physical control of

7-42 police officer at the scene of a vehicle accident or collision or where he

8-1 stops a vehicle, if the officer has reasonable grounds to believe that the

8-2 person to be tested was driving or in actual physical control of a vehicle

8-3 while under the influence of intoxicating liquor or a controlled substance.

8-4 2. If the person fails to submit to the test, the officer shall seize his

8-5 license or permit to drive as provided in NRS 484.385 and arrest him and

8-6 take him to a convenient place for the administration of a reasonably

8-7 available evidentiary test under NRS 484.383.

8-8 3. The result of the preliminary test must not be used in any criminal

8-9 action, except to show there were reasonable grounds to make an arrest.

8-10 Sec. 11. NRS 484.383 is hereby amended to read as follows:

8-11 484.383 1. Except as otherwise provided in subsections 3 and 4, any

8-43 the influence of intoxicating liquor or a controlled substance; or

9-1 (2) Has been convicted within the previous 7 years of:

9-2 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

9-3 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

9-4 prohibits the same or similar conduct; or

9-5 (II) Any other offense in this state or another jurisdiction in which

9-6 death or substantial bodily harm to another person resulted from driving,

9-7 operating or being in actual physical control of a vehicle or a vessel under

9-8 power or sail while under the influence of intoxicating liquor or a

9-9 controlled substance.

9-10 5. If the presence of a controlled substance in the blood of the person is

9-11 in issue, the officer may direct him to submit to a blood or urine test, or

9-12 both, in addition to the breath test.

9-13 6. Except as otherwise provided in subsections 3 and 5, a police officer

9-14 shall not direct a person to submit to a urine test.

9-15 7. If a person to be tested fails to submit to a required test as directed

9-16 by a police officer pursuant to this section and the officer has reasonable

9-17 grounds to believe that the person to be tested was driving or in actual

9-18 physical control of a motor vehicle while under the influence of

9-19 intoxicating liquor or a controlled substance, the officer may direct that

9-20 reasonable force be used to the extent necessary to obtain samples of blood

9-21 from the person to be tested. Not more than three such samples may be

9-22 taken during the 5-hour period immediately following the time of the initial

9-23 arrest. In such a circumstance, the officer is not required to provide the

9-24 person with a choice of tests for determining the [alcoholic content]

9-25 concentration of alcohol or presence of a controlled substance in his

9-26 blood.

9-27 8. If a person who is less than 18 years of age is directed to submit to

9-28 an evidentiary test pursuant to this section, the officer shall, before testing

9-29 the person, make a reasonable attempt to notify the parent, guardian or

9-30 custodian of the person, if known.

9-31 Sec. 12. NRS 484.384 is hereby amended to read as follows:

9-32 484.384 1. If the result of a test given under NRS 484.382 or

9-41 [percent] or more [by weight of alcohol] in his blood [,] or breath, the

10-1 department shall cancel the revocation under that subsection and give the

10-2 person credit for any period during which he was not eligible for a license,

10-3 permit or privilege.

10-4 3. Periods of ineligibility for a license, permit or privilege to drive

10-5 which are imposed pursuant to this section must run consecutively.

10-6 Sec. 13. NRS 484.385 is hereby amended to read as follows:

10-7 484.385 1. As agent for the department, the officer who obtained the

10-41 period during which the person is not eligible for a license, permit or

11-1 privilege to drive and state that the person has a right to administrative and

11-2 judicial review of the revocation and to have a temporary license. The order

11-3 of revocation becomes effective 5 days after mailing.

11-4 4. Notice of an order of revocation and notice of the affirmation of a

11-5 prior order of revocation or the cancellation of a temporary license

11-6 provided in NRS 484.387 is sufficient if it is mailed to the person’s last

11-7 known address as shown by any application for a license. The date of

11-8 mailing may be proved by the certificate of any officer or employee of the

11-9 department, specifying the time of mailing the notice. The notice is

11-10 presumed to have been received upon the expiration of 5 days after it is

11-11 deposited, postage prepaid, in the United States mail.

11-12 5. As used in this section, "controlled substance" means any of the

11-13 following substances for which a valid prescription has not been issued to

11-14 the consumer:

11-15 (a) Amphetamine;

11-16 (b) Benzoylecgonine;

11-17 (c) Cocaine;

11-18 (d) Heroin;

11-19 (e) Lysergic acid diethylamide;

11-20 (f) Mecloqualone;

11-21 (g) Mescaline;

11-22 (h) Methamphetamine;

11-23 (i) Methaqualone;

11-24 (j) Monoacetylmorphine;

11-25 (k) Phencyclidine;

11-26 (l) N-ethylamphetamine;

11-27 (m) N, N-dimethylamphetamine;

11-28 (n) 2, 5-dimethoxyamphetamine;

11-29 (o) 3, 4-methylenedioxyamphetamine;

11-30 (p) 3, 4, 5-trimethoxyamphetamine;

11-31 (q) 4-bromo-2, 5-dimethoxyamphetamine;

11-32 (r) 4-methoxyamphetamine;

11-33 (s) 4-methyl-2, 5-dimethoxyamphetamine;

11-34 (t) 5-dimethoxy-alpha-methylphenethylamine; or

11-35 (u) 5-methoxy-3, 4-methylenedioxyamphetamine,

11-36 if the substance is classified in schedule I or II pursuant to NRS 453.166 or

11-37 453.176 at the time the substance is consumed.

11-38 Sec. 14. NRS 484.386 is hereby amended to read as follows:

11-39 484.386 1. Except as otherwise provided in subsection 2, an

11-43 taken and:

12-1 (a) The difference between the [percentage] concentration of alcohol in

12-2 the person’s breath indicated by the two samples is less than or equal to

12-3 0.02;

12-4 (b) If the provisions of paragraph (a) do not apply, a third evidentiary

12-5 test of breath is administered and the difference between the [percentage]

12-6 concentration of alcohol in the person’s breath indicated by the third

12-7 sample and one of the first two samples is less than or equal to 0.02; or

12-8 (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth

12-9 evidentiary test is administered. Except as otherwise provided in NRS

12-10 484.383, the fourth evidentiary test must be a blood test.

12-11 2. If the person fails to provide the second or third consecutive sample,

12-12 or to submit to the fourth evidentiary test, the results of the first test may be

12-13 used alone as evidence of the [percentage] concentration of alcohol in the

12-14 person’s breath. If for some other reason a second, third or fourth sample is

12-15 not obtained, the results of the first test may be used with all other evidence

12-16 presented to establish the [percentage.] concentration.

12-17 3. If a person refuses or otherwise fails to provide a second or third

12-18 consecutive sample or submit to a fourth evidentiary test, a police officer

12-19 may direct that reasonable force be used to obtain a sample or conduct a

12-20 test pursuant to NRS 484.383.

12-21 Sec. 15. NRS 484.387 is hereby amended to read as follows:

12-22 484.387 1. At any time while a person is not eligible for a license,

12-41 of the same issues in district court in the same manner as provided by

13-1 chapter 233B of NRS. The court shall notify the department upon the

13-2 issuance of a stay and the department shall issue an additional temporary

13-3 license for a period which is sufficient to complete the review.

13-4 4. If a hearing officer grants a continuance of a hearing at the request

13-5 of the person whose license was revoked, or a court does so after issuing a

13-6 stay of the revocation, the officer or court shall notify the department, and

13-7 the department shall cancel the temporary license and notify the holder by

13-8 mailing the order of cancellation to his last known address.

13-9 Sec. 16. NRS 484.3882 is hereby amended to read as follows:

13-10 484.3882 1. The committee on testing for intoxication shall:

13-35 certified by the committee.

13-36 Sec. 17. NRS 484.3884 is hereby amended to read as follows:

13-37 484.3884 1. The committee on testing for intoxication shall adopt

13-43 device must calibrate it or have it calibrated by the director or his agent.

14-1 (b) Establish methods for ascertaining the competence of persons to

14-2 calibrate such devices and provide for the examination and certification of

14-3 those persons by the department. A certificate issued by the department

14-4 may not be made effective for longer than 3 years.

14-5 (c) Prescribe the form and contents of records respecting the calibration

14-6 of such devices which must be kept by a law enforcement agency and any

14-7 other records respecting the maintenance or operation of those devices

14-8 which it finds should be kept by such an agency.

14-9 2. The director shall issue a certificate to any person who is found

14-10 competent to calibrate such a device or examine others on their competence

14-11 in that calibration.

14-12 Sec. 18. NRS 484.3886 is hereby amended to read as follows:

14-13 484.3886 1. The committee on testing for intoxication shall adopt

14-34 one who is certified pursuant to this section.

14-35 Sec. 19. NRS 484.3888 is hereby amended to read as follows:

14-36 484.3888 1. The committee on testing for intoxication may adopt

14-41 (b) The certification of persons who make those calibrations;

15-1 (c) The certification of persons who operate devices for testing a

15-2 person’s blood or urine to determine the [amount] concentration of alcohol

15-3 or presence of a controlled substance in the person’s blood or urine; and

15-4 (d) The certification of persons who examine those operators.

15-5 2. The committee may adopt regulations that prescribe the essential

15-6 procedures for the proper operation of the various types of devices used to

15-7 test a person’s blood or urine to determine the [amount] concentration of

15-8 alcohol or the presence of a controlled substance in the person’s blood or

15-9 urine.

15-10 Sec. 20. NRS 484.391 is hereby amended to read as follows:

15-11 484.391 1. A person arrested for driving a vehicle while under the

15-23 substituted for or stand in lieu of the test required by NRS 484.383.

15-24 Sec. 21. NRS 484.3935 is hereby amended to read as follows:

15-25 484.3935 If:

15-34 suitable for calibrating the device.

15-35 Sec. 22. NRS 484.394 is hereby amended to read as follows:

15-36 484.394 1. Any coroner, or other public official performing like

15-41 [amount] concentration of alcohol.

16-1 2. The findings of the examinations are a matter of public record and

16-2 must be reported to the department by the coroner or other public official

16-3 within 30 days [of] after the death.

16-4 3. Blood-alcohol analyses are acceptable only if made by laboratories

16-5 licensed to perform this function.

16-6 Sec. 23. NRS 484.3941 is hereby amended to read as follows:

16-7 484.3941 As used in NRS 484.3941 to 484.3947, inclusive, unless the

16-14 in which it is installed from starting.

16-15 Sec. 24. NRS 484.3947 is hereby amended to read as follows:

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

16-40 the motor vehicle in which it is installed from starting.

17-1 Sec. 25. NRS 484.791 is hereby amended to read as follows:

17-2 484.791 1. Any peace officer may, without a warrant, arrest a person

17-32 same discretion as is provided in other cases in NRS 484.795.

17-33 Sec. 26. NRS 488.405 is hereby amended to read as follows:

17-34 488.405 As used in NRS 488.410 and 488.420, the phrase ["0.10

17-39 2. Per] the blood of a person or per 210 liters of his breath.

17-40 Sec. 27. NRS 488.407 is hereby amended to read as follows:

17-41 488.407 1. Except as otherwise provided in subsections 5 and 6, a

17-43 or sail on the waters of this state shall be deemed to have given his consent

18-1 to an evidentiary test of his blood, urine, breath or other bodily substance

18-2 for the purpose of determining the [alcoholic content] concentration of

18-3 alcohol in his blood or breath or the presence of a controlled substance

18-4 when such a test is administered at the direction of a peace officer having

18-5 reasonable grounds to believe that the person to be tested was operating or

18-6 exercising actual physical control of a vessel under power or sail while

18-7 under the influence of intoxicating liquor or a controlled substance.

18-8 2. If a person refuses to submit to such a test as directed by a peace

18-9 officer, evidence of that refusal is admissible in any criminal action to

18-10 determine whether the person was operating or exercising actual physical

18-11 control of a vessel under power or sail while under the influence of

18-12 intoxicating liquor or a controlled substance.

18-13 3. The person to be tested must be informed that his refusal to submit

18-14 to the test is admissible pursuant to subsection 2.

18-15 4. Any person who is dead, unconscious or otherwise in a condition

18-16 rendering him incapable of refusal shall be deemed not to have withdrawn

18-17 his consent, and any such test may be administered whether or not the

18-18 person is informed that evidence of his refusal to submit to the test is

18-19 admissible.

18-20 5. Any person who is afflicted with hemophilia or with a heart

18-21 condition requiring the use of an anticoagulant as determined by a

18-22 physician is exempt from any blood test which may be required pursuant to

18-23 this section, but may be required to submit to a test of his breath or urine.

18-24 6. Except as otherwise provided in subsection 9, if the [alcoholic

18-25 content] concentration of alcohol in the blood or breath of the person to

18-26 be tested is in issue, he may refuse to submit to a blood test if means are

18-27 reasonably available to perform a breath test. If the person requests a blood

18-28 test and the means are reasonably available to perform a breath test, and he

18-29 is subsequently convicted, he must pay for the cost of the substituted test,

18-30 including the fees and expenses of witnesses in court.

18-31 7. If the presence of a controlled substance in the blood of the person is

18-32 in issue, the officer may direct him to submit to a blood or urine test, or

18-33 both, in addition to the breath test.

18-34 8. Except as otherwise provided in subsections 5 and 7, a peace officer

18-35 shall not direct a person to submit to a urine test.

18-36 9. Except as otherwise provided in this subsection, a person who

18-37 refuses to submit to a test required by this section must not be tested. If an

18-38 officer has reasonable cause to believe that:

18-39 (a) The person to be tested was operating or in actual physical control of

18-40 a vessel while under the influence of intoxicating liquor or a controlled

18-41 substance; and

18-42 (b) The person thereby caused the death or substantial bodily harm of

18-43 another,

19-1 the officer may direct that reasonable force be used to the extent necessary

19-2 to obtain samples of blood from the person to be tested. Not more than

19-3 three such samples may be taken during the 5-hour period immediately

19-4 following the time of the initial arrest. In such a circumstance, the officer is

19-5 not required to provide the person with a choice of tests for determining the

19-6 [alcoholic content] concentration of alcohol in his blood or breath or

19-7 presence of a controlled substance in his blood.

19-8 Sec. 28. NRS 488.410 is hereby amended to read as follows:

19-9 488.410 1. It is unlawful for any person who:

19-38 notice of that intent.

19-39 Sec. 29. NRS 488.420 is hereby amended to read as follows:

19-40 488.420 1. A person who:

20-1 (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight

20-2 of alcohol] in his blood [;] or breath;

20-3 (c) Is found by measurement within 2 hours after operating or being in

20-4 actual physical control of a vessel under power or sail to have a

20-5 concentration of alcohol of 0.10 [percent] or more [by weight of alcohol]

20-6 in his blood [;] or breath;

20-7 (d) Is under the influence of a controlled substance, or under the

20-8 combined influence of intoxicating liquor and a controlled substance; or

20-9 (e) Inhales, ingests, applies or otherwise uses any chemical, poison or

20-10 organic solvent, or any compound or combination of any of these, to a

20-11 degree which renders him incapable of safely operating or being in actual

20-12 physical control of a vessel under power or sail,

20-13 and does any act or neglects any duty imposed by law while operating or

20-14 being in actual physical control of any vessel under power or sail, if the act

20-15 or neglect of duty proximately causes the death of, or substantial bodily

20-16 harm to, a person other than himself, is guilty of a category B felony and

20-17 shall be punished by imprisonment in the state prison for a minimum term

20-18 of not less than 2 years and a maximum term of not more than 20 years and

20-19 shall be further punished by a fine of not less than $2,000 nor more than

20-20 $5,000. A person so imprisoned must, insofar as practicable, be segregated

20-21 from offenders whose crimes were violent and, insofar as practicable, be

20-22 assigned to an institution or facility of minimum security.

20-23 2. A prosecuting attorney shall not dismiss a charge of violating the

20-24 provisions of subsection 1 in exchange for a plea of guilty, guilty but

20-25 mentally ill or nolo contendere to a lesser charge or for any other reason

20-26 unless he knows or it is obvious that the charge is not supported by

20-27 probable cause or cannot be proved at the time of trial. A sentence imposed

20-28 pursuant to subsection 1 must not be suspended, and probation must not be

20-29 granted.

20-30 3. If consumption is proven by a preponderance of the evidence, it is

20-31 an affirmative defense under paragraph (c) of subsection 1 that the

20-32 defendant consumed a sufficient quantity of alcohol after operating or

20-33 being in actual physical control of the vessel under power or sail, and

20-34 before his blood was tested, to cause [the] him to have a concentration of

20-35 alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or

20-36 breath. A defendant who intends to offer this defense at a trial or

20-37 preliminary hearing must, not less than 14 days before the trial or hearing

20-38 or at such other time as the court may direct, file and serve on the

20-39 prosecuting attorney a written notice of that intent.

20-40 4. If a person less than 15 years of age was in the vessel at the time of

20-41 the defendant’s violation, the court shall consider that fact as an

20-42 aggravating factor in determining the sentence of the defendant.

21-1 Sec. 30. NRS 488.450 is hereby amended to read as follows:

21-2 488.450 1. Any person who operates or is in actual physical control

21-15 action, except to show there were reasonable grounds to make an arrest.

21-16 Sec. 31. NRS 488.460 is hereby amended to read as follows:

21-17 488.460 1. Except as otherwise provided in subsections 3 and 4, a

21-43 including the fees and expenses of witnesses in court.

22-1 (c) A peace officer may direct the person to submit to a blood test as set

22-2 forth in subsection 7 if the officer has reasonable grounds to believe that

22-3 the person:

22-4 (1) Caused death or substantial bodily harm to another person as a

22-5 result of operating or being in actual physical control of a vessel under

22-6 power or sail while under the influence of intoxicating liquor or a

22-7 controlled substance; or

22-8 (2) Has been convicted within the previous 7 years of:

22-9 (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

22-10 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

22-11 prohibits the same or similar conduct; or

22-12 (II) Any other offense in this state or another jurisdiction in which

22-13 death or substantial bodily harm to another person resulted from driving,

22-14 operating or being in actual physical control of a vehicle or a vessel under

22-15 power or sail while under the influence of intoxicating liquor or a

22-16 controlled substance.

22-17 5. If the presence of a controlled substance in the blood of the person is

22-18 in issue, the officer may direct him to submit to a blood or urine test, or

22-19 both, in addition to the breath test.

22-20 6. Except as otherwise provided in subsections 3 and 5, a peace officer

22-21 shall not direct a person to submit to a urine test.

22-22 7. If a person to be tested fails to submit to a required test as directed

22-23 by a peace officer pursuant to this section and the officer has reasonable

22-24 grounds to believe that the person to be tested was operating or in actual

22-25 physical control of a vessel under power or sail while under the influence of

22-26 intoxicating liquor or a controlled substance, the officer may direct that

22-27 reasonable force be used to the extent necessary to obtain samples of blood

22-28 from the person to be tested. Not more than three such samples may be

22-29 taken during the 5-hour period immediately following the time of the initial

22-30 arrest. In such a circumstance, the officer is not required to provide the

22-31 person with a choice of tests for determining the alcoholic content or

22-32 presence of a controlled substance in his blood.

22-33 Sec. 32. NRS 488.470 is hereby amended to read as follows:

22-34 488.470 1. Except as otherwise provided in subsection 2, an

23-1 (b) If the provisions of paragraph (a) do not apply, a third evidentiary

23-2 test of breath is administered and the difference between the [percentage]

23-3 concentration of alcohol in the person’s breath indicated by the third

23-4 sample and one of the first two samples is less than or equal to 0.02; or

23-5 (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth

23-6 evidentiary test is administered. Except as otherwise provided in NRS

23-7 488.460, the fourth evidentiary test must be a blood test.

23-8 2. If the person fails to provide the second or third consecutive sample,

23-9 or to submit to the fourth evidentiary test, the results of the first test may be

23-10 used alone as evidence of the [percentage] concentration of alcohol in the

23-11 person’s breath. If for some other reason a second, third or fourth sample is

23-12 not obtained, the results of the first test may be used with all other evidence

23-13 presented to establish the [percentage.] concentration.

23-14 3. If a person refuses or otherwise fails to provide a second or third

23-15 consecutive sample or submit to a fourth evidentiary test, a peace officer

23-16 may direct that reasonable force be used to obtain a sample or conduct a

23-17 test pursuant to NRS 488.460.

23-18 Sec. 33. NRS 488.480 is hereby amended to read as follows:

23-19 488.480 1. If a person refuses to submit to a required chemical test

23-42 breath.

24-1 6. A court shall take judicial notice of the certification by the director

24-2 of a person to operate testing devices of one of the certified types. If a test

24-3 to determine the amount of alcohol in a person’s breath has been performed

24-4 with a certified type of device by a person who is certified pursuant to NRS

24-5 484.3886 or 484.3888, it is presumed that the person operated the device

24-6 properly.

24-7 7. This section does not preclude the admission of evidence of a test of

24-8 a person’s breath where the:

24-9 (a) Information is obtained through the use of a device other than one of

24-10 a type certified by the committee on testing for intoxication.

24-11 (b) Test has been performed by a person other than one who is certified

24-12 by the director.

24-13 Sec. 34. NRS 488.490 is hereby amended to read as follows:

24-14 488.490 1. A person arrested for operating or exercising actual

24-25 substituted for or stand in lieu of the test required by NRS 488.460.

24-26 Sec. 35. NRS 488.510 is hereby amended to read as follows:

24-27 488.510 If:

24-36 suitable for calibrating the device.

24-37 Sec. 36. NRS 488.520 is hereby amended to read as follows:

24-38 488.520 1. Any coroner, or other public officer performing like

24-41 whether the person killed is the operator of the vessel or a passenger or

25-1 other person, cause to be drawn from each decedent, within 8 hours after

25-2 the accident, a blood sample to be analyzed for the presence and [amount]

25-3 concentration of alcohol.

25-4 2. The findings of the examinations are a matter of public record and

25-5 must be reported to the commission by the coroner or other public officer

25-6 within 30 days after the death.

25-7 3. Analyses of blood alcohol are acceptable only if made by

25-8 laboratories licensed to perform this function.

25-9 Sec. 37. NRS 50.315 is hereby amended to read as follows:

25-10 50.315 1. Except as otherwise provided in subsections 6 and 7, the

25-11 affidavit or declaration of a person is admissible in evidence in any

25-12 criminal or administrative proceeding to prove:

25-13 (a) That the affiant or declarant has been certified by the director of the

25-14 department of motor vehicles and public safety as being competent to

25-15 operate devices of a type certified by the committee on testing for

25-16 intoxication as accurate and reliable for testing a person’s breath to

25-17 determine the [amount by weight] concentration of alcohol in his breath;

25-18 (b) The identity of a person from whom the affiant or declarant obtained

25-19 a sample of breath; and

25-20 (c) That the affiant or declarant tested the sample using a device of a

25-21 type so certified and that the device was functioning properly.

25-22 2. Except as otherwise provided in subsections 6 and 7, the affidavit or

25-23 declaration of a person who prepared a chemical solution or gas that has

25-24 been used in calibrating a device for testing another’s breath to determine

25-25 the [amount] concentration of alcohol in his breath is admissible in

25-26 evidence in any criminal or administrative proceeding to prove:

25-27 (a) The occupation of the affiant or declarant; and

25-28 (b) That the solution or gas has the chemical composition necessary for

25-29 accurately calibrating it.

25-30 3. Except as otherwise provided in subsections 6 and 7, the affidavit or

25-31 declaration of a person who calibrates a device for testing another’s breath

25-32 to determine the [amount] concentration of alcohol in his breath is

25-33 admissible in evidence in any criminal or administrative proceeding to

25-34 prove:

25-35 (a) The occupation of the affiant or declarant;

25-36 (b) That on a specified date the affiant or declarant calibrated the device

25-37 at a named law enforcement agency by using the procedures and equipment

25-38 prescribed in the regulations of the committee on testing for intoxication;

25-39 (c) That the calibration was performed within the period required by the

25-40 committee’s regulations; and

25-41 (d) Upon completing the calibration of the device, it was operating

25-42 properly.

26-1 4. Except as otherwise provided in subsections 6 and 7, the affidavit or

26-2 declaration made under the penalty of perjury of a person who withdraws a

26-3 sample of blood from another for analysis by an expert as set forth in NRS

26-4 50.320 is admissible in any criminal or administrative proceeding to prove:

26-5 (a) The occupation of the affiant or declarant;

26-6 (b) The identity of the person from whom the affiant or declarant

26-7 withdrew the sample;

26-8 (c) The fact that the affiant or declarant kept the sample in his sole

26-9 custody or control and in substantially the same condition as when he first

26-10 obtained it until delivering it to another; and

26-11 (d) The identity of the person to whom the affiant or declarant delivered

26-12 it.

26-13 5. Except as otherwise provided in subsections 6 and 7, the affidavit or

26-14 declaration of a person who receives from another a sample of blood or

26-15 urine or other tangible evidence that is alleged to contain alcohol or a

26-16 controlled substance, chemical, poison or organic solvent may be admitted

26-17 in any criminal, civil or administrative proceeding to prove:

26-18 (a) The occupation of the affiant or declarant;

26-19 (b) The fact that the affiant or declarant received a sample or other

26-20 evidence from another person and kept it in his sole custody or control in

26-21 substantially the same condition as when he first received it until delivering

26-22 it to another; and

26-23 (c) The identity of the person to whom the affiant or declarant delivered

26-24 it.

26-25 6. If, at or before the time of the trial, the defendant establishes that:

26-26 (a) There is a substantial and bona fide dispute regarding the facts in the

26-27 affidavit or declaration; and

26-28 (b) It is in the best interests of justice that the witness who signed the

26-29 affidavit or declaration be cross-examined,

26-30 the court may order the prosecution to produce the witness and may

26-31 continue the trial for any time the court deems reasonably necessary to

26-32 receive such testimony. The time within which a trial is required is

26-33 extended by the time of the continuance.

26-34 7. During any trial in which the defendant has been accused of

26-35 committing a felony, the defendant may object in writing to admitting into

26-36 evidence an affidavit or declaration described in this section. If the

26-37 defendant makes such an objection, the court shall not admit the affidavit or

26-38 declaration into evidence and the prosecution may cause the person to

26-39 testify in court to any information contained in the affidavit or declaration.

26-40 8. The committee on testing for intoxication shall adopt regulations

26-41 prescribing the form of the affidavits and declarations described in this

26-42 section.

27-1 Sec. 38. NRS 50.320 is hereby amended to read as follows:

27-2 50.320 1. The affidavit or declaration of a chemist and any other

27-3 person who has qualified in the district court of any county to testify as an

27-4 expert witness regarding the presence in the breath, blood or urine of a

27-5 person of alcohol, a controlled substance, or a chemical, poison or organic

27-6 solvent, or the identity or quantity of a controlled substance alleged to have

27-7 been in the possession of a person, which is submitted to prove:

27-8 (a) The quantity of the purported controlled substance; or

27-9 (b) The [amount] concentration of alcohol or the presence or absence of

27-10 a controlled substance, chemical, poison or organic solvent, as the case may

27-11 be,

27-12 is admissible in the manner provided in this section.

27-13 2. An affidavit or declaration which is submitted to prove any fact set

27-14 forth in subsection 1 must be admitted into evidence when submitted during

27-15 any administrative proceeding, preliminary hearing or hearing before a

27-16 grand jury. The court shall not sustain any objection to the admission of

27-17 such an affidavit or declaration.

27-18 3. The defendant may object in writing to admitting into evidence an

27-19 affidavit or declaration submitted to prove any fact set forth in subsection 1

27-20 during his trial. If the defendant makes such an objection, the court shall

27-21 not admit the affidavit or declaration into evidence and the prosecution may

27-22 cause the person to testify in court to any information contained in the

27-23 affidavit or declaration.

27-24 4. The committee on testing for intoxication shall adopt regulations

27-25 prescribing the form of the affidavits and declarations described in this

27-26 section.

27-27 Sec. 39. NRS 202.257 is hereby amended to read as follows:

27-28 202.257 1. It is unlawful for a person who:

27-43 evidentiary test that is administered pursuant to NRS 484.383 to 484.3947,

28-1 inclusive, except that submission to the evidentiary test is required of any

28-2 person who is directed by a police officer to submit to the test. If a person

28-3 to be tested fails to submit to a required test as directed by a police officer,

28-4 the officer may direct that reasonable force be used to the extent necessary

28-5 to obtain the samples of blood from the person to be tested, if the officer

28-6 has reasonable cause to believe that the person to be tested was in violation

28-7 of this section.

28-8 3. Any person who violates the provisions of subsection 1 is guilty of a

28-9 misdemeanor.

28-10 4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to

28-11 179.119, inclusive, only if, during the violation of subsection 1, the firearm

28-12 is brandished, aimed or otherwise handled by the person in a manner which

28-13 endangered others.

28-14 5. As used in this section, the phrase "concentration of alcohol of

28-15 0.10 or more in his blood or breath" has the meaning ascribed to it in

28-16 NRS 484.0135.

28-17 Sec. 40. The amendatory provisions of this act do not apply to

28-18 offenses that were committed before October 1, 1999.

28-19 Sec. 41. Sections 16 and 33 of this act become effective at 12:01 a.m.

28-20 on October 1, 1999.