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 484 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. "Immobilization device" means:

1-4 1. A device that may be clamped or locked onto a wheel or the

1-5 steering wheel of a vehicle to prevent the vehicle from being moved; or

1-6 2. Any other device that may be used to prevent a vehicle from being

1-7 moved.

1-8 Sec. 3. 1. Except as otherwise provided in subsection 3, the officer

1-9 who obtained the result of a test given pursuant to NRS 484.382 or

1-10 484.383 shall, as an agent for the department:

1-11 (a) Immediately serve an order of immobilization upon a person who

1-12 has 0.10 percent or more by weight of alcohol in his blood or has a

1-13 detectable amount of a controlled substance in his system;

1-14 (b) Seize the vehicle that the person was driving and have the vehicle

1-15 immobilized pursuant to the procedure set forth in subsection 2; and

2-1 (c) Advise the person of his right to administrative and judicial review

2-2 of the immobilization.

2-3 2. After seizing a vehicle pursuant to subsection 1, the officer shall

2-4 ensure that the vehicle is:

2-5 (a) Removed to and stored at the residence of the owner of the vehicle

2-6 or at another safe location; and

2-7 (b) Immobilized with an immobilization device.

2-8 3. The officer shall not seize the vehicle if the vehicle is:

2-9 (a) Stolen;

2-10 (b) Rented or leased;

2-11 (c) Owned by a foreign government, the Federal Government, a state

2-12 government or a political subdivision of a state government; or

2-13 (d) Owned by a business and was being driven for a business related

2-14 purpose.

2-15 4. After seizing and immobilizing a vehicle pursuant to this section,

2-16 the officer shall indicate on the certificate required pursuant to

2-17 subsection 2 of NRS 484.385 whether he served an order of

2-18 immobilization upon the person.

2-19 5. Except as otherwise provided in section 4 of this act, the person

2-20 who was driving a vehicle that was immobilized pursuant to this section

2-21 shall pay all reasonable costs associated with the immobilization of the

2-22 vehicle, including, without limitation, the cost of towing the vehicle,

2-23 storing the vehicle, and installing and removing the immobilization

2-24 device, before the immobilization device is removed.

2-25 Sec. 4. 1. If the owner of a vehicle was the driver of the vehicle at

2-26 the time the vehicle was seized pursuant to section 3 of this act, he may,

2-27 at any time during the period of immobilization, request a hearing by the

2-28 department to review the order of immobilization.

2-29 2. The hearing:

2-30 (a) Must be conducted within 15 days after receipt of the request, or as

2-31 soon thereafter as is practicable, in the county where the person resides,

2-32 unless the parties agree otherwise; and

2-33 (b) May be combined with a hearing to review an order of revocation

2-34 held pursuant to NRS 484.387.

2-35 3. The director or his agent may issue subpoenas for the attendance

2-36 of witnesses and the production of relevant books and papers.

2-37 4. The scope of the hearing must be limited to the issue of whether

2-38 the person, at the time of the test, had 0.10 percent or more by weight of

2-39 alcohol in his blood or a detectable amount of a controlled substance in

2-40 his system.

2-41 5. If the department finds that, at the time of the test, the person:

3-1 (a) Had 0.10 percent or more by weight of alcohol in his blood or a

3-2 detectable amount of a controlled substance in his system, the

3-3 department shall affirm the order of immobilization.

3-4 (b) Did not have 0.10 percent or more by weight of alcohol in his

3-5 blood or a detectable amount of a controlled substance in his system, the

3-6 department shall rescind the order of immobilization, order the

3-7 immobilization device removed from the vehicle and pay or reimburse

3-8 the person for all costs that the person reasonably incurred as a result of

3-9 the immobilization.

3-10 6. If the department affirms the order of immobilization, the person

3-11 may petition for judicial review pursuant to the procedures set forth in

3-12 chapter 233B of NRS.

3-13 7. If, at any time, the case against the person is dismissed or the

3-14 person is acquitted of the charges, the department shall rescind the order

3-15 of immobilization, order the immobilization device removed from the

3-16 vehicle and pay or reimburse the person for all costs that the person

3-17 reasonably incurred as a result of the immobilization.

3-18 Sec. 5. 1. If the owner of a vehicle was not the driver at the time

3-19 the vehicle was seized pursuant to section 3 of this act, the owner may, at

3-20 any time during the subsequent period of immobilization, submit a

3-21 written petition to the department to rescind the order of immobilization

3-22 and remove the immobilization device from the vehicle.

3-23 2. The department:

3-24 (a) Shall rescind the order of immobilization and order the

3-25 immobilization device removed from the vehicle if the owner proves by a

3-26 preponderance of the evidence that he did not consent to the operation of

3-27 the vehicle by the person who was driving the vehicle at the time the

3-28 vehicle was seized.

3-29 (b) May rescind the order of immobilization and order the

3-30 immobilization device removed from the vehicle if the owner proves by a

3-31 preponderance of the evidence that his immediate family owns only one

3-32 vehicle and will suffer a substantial hardship if the vehicle is immobilized

3-33 for 30 days.

3-34 Sec. 6. 1. Nothing in sections 2 to 6, inclusive, of this act may be

3-35 construed to impede or infringe upon the rights of a valid lienholder on

3-36 the vehicle to cure a default pursuant to an existing security agreement.

3-37 2. A lienholder is not liable for any costs related to an

3-38 immobilization.

3-39 3. If a lienholder repossesses and removes a vehicle that has been

3-40 immobilized, the state shall pay all reasonable costs related to the

3-41 immobilization to the extent that those costs have not been paid by the

3-42 person who was driving the vehicle at the time it was seized.

4-1 4. If the state pays any expenses related to immobilization pursuant

4-2 to this section, the state may recover those expenses from the person who

4-3 was driving the vehicle at the time it was seized.

4-4 Sec. 7. An owner of a vehicle who authorizes the operation of the

4-5 vehicle by a person whom the owner knows has had his:

4-6 1. License, permit or privilege to drive revoked pursuant to NRS

4-7 484.385; or

4-8 2. Vehicle immobilized pursuant to section 3 of this act,

4-9 is guilty of a misdemeanor.

4-10 Sec. 8. NRS 484.013 is hereby amended to read as follows:

4-11 484.013 As used in this chapter, unless the context otherwise requires,

4-13 section 2 of this act have the meanings ascribed to them in those sections.

4-14 Sec. 9. NRS 484.382 is hereby amended to read as follows:

4-15 484.382 1. Any person who drives or is in actual physical control of

4-30 action, except to show there were reasonable grounds to make an arrest.

4-31 Sec. 10. NRS 484.384 is hereby amended to read as follows:

4-32 484.384 1. If the result of a test given under NRS 484.382 or

4-43 which was based on his having 0.10 percent or more by weight of alcohol

5-1 in his blood, the department shall cancel the revocation under that

5-2 subsection and give the person credit for any period during which he was

5-3 not eligible for a license, permit or privilege.

5-4 3. Periods of ineligibility for a license, permit or privilege to drive

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

5-6 Sec. 11. NRS 484.387 is hereby amended to read as follows:

5-7 484.387 1. At any time while a person is not eligible for a license,

5-36 mailing the order of cancellation to his last known address.

5-37 Sec. 12. The amendatory provisions of this act do not apply to

5-38 offenses that were committed before October 1, 1999.