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 205.240 is hereby amended to read as follows:

1-2 205.240 1. Except as otherwise provided in NRS 205.220, 205.226,

1-19 restitution.

2-1 [3. Except as otherwise provided in subsection 4 or 5, if a person is

2-2 convicted of petit larceny and within the 3 years immediately preceding and

2-3 including the date of that conviction, the person is or has been convicted of

2-4 petit larceny one other time, the court, in addition to any other penalty,

2-5 shall order the person to perform not less than 48 hours of community

2-6 service.

2-7 4. Except as otherwise provided in subsection 5, if a person is

2-8 convicted of petit larceny and within the 3 years immediately preceding and

2-9 including the date of that conviction, the person is or has been convicted of

2-10 petit larceny two other times, the court, in addition to any other penalty:

2-11 (a) Shall sentence the person to a term of imprisonment of not less than

2-12 60 days nor more than 6 months; and

2-13 (b) Shall not grant probation or suspend the sentence unless the court

2-14 orders as a condition of probation or suspension of sentence that the person

2-15 serve a term of imprisonment of not less than 60 days.

2-16 5. If a person is convicted of petit larceny and within the 3 years

2-17 immediately preceding and including the date of that conviction, the person

2-18 is or has been convicted of petit larceny three or more other times, the

2-19 court, in addition to any other penalty:

2-20 (a) Shall sentence the person to a term of imprisonment of not less than

2-21 60 days nor more than 6 months;

2-22 (b) Shall not grant probation or suspend the sentence unless the court

2-23 orders as a condition of probation or suspension of sentence that the person

2-24 serve a term of imprisonment of not less than 60 days; and

2-25 (c) Shall impose a fine of at least $500.

2-26 6. The provisions of subsections 3, 4 and 5 do not affect the provisions

2-27 of any other statute providing for a more severe penalty for a first or

2-28 subsequent conviction of petit larceny.]

2-29 Sec. 2. NRS 178.484 is hereby amended to read as follows:

2-30 178.484 1. Except as otherwise provided in this section, a person

3-1 3. A person arrested for a felony whose sentence has been suspended

3-2 pursuant to NRS 4.373 or 5.055 for a different offense or who has been

3-3 sentenced to a term of residential confinement pursuant to NRS 4.3762 or

3-4 5.076 for a different offense must not be admitted to bail unless:

3-5 (a) A court issues an order directing that the person be admitted to bail;

3-6 or

3-7 (b) A department of alternative sentencing directs the detention facility

3-8 to admit the person to bail.

3-9 4. A person arrested for murder of the first degree may be admitted to

3-10 bail unless the proof is evident or the presumption great by any competent

3-11 court or magistrate authorized by law to do so in the exercise of discretion,

3-12 giving due weight to the evidence and to the nature and circumstances of

3-13 the offense.

3-14 5. A person arrested for a battery upon his spouse, former spouse, a

3-15 person to whom he is related by blood, a person with whom he is or was

3-16 actually residing or with whom he has a child in common, his minor child

3-17 or a minor child of that person, must not be admitted to bail sooner than 12

3-18 hours after his arrest. [If the person is admitted to bail more than 12 hours

3-19 after his arrest, pursuant to subsection 5 of NRS 171.178, without

3-20 appearing personally before a magistrate, the amount of bail must be:

3-21 (a) Three thousand dollars, if the person has no previous convictions of

3-22 battery upon a person listed in this subsection and there is no reason to

3-23 believe that the battery for which he has been arrested resulted in

3-24 substantial bodily harm;

3-25 (b) Five thousand dollars, if the person has:

3-26 (1) No previous convictions of battery upon a person listed in this

3-27 subsection, but there is reason to believe that the battery for which he has

3-28 been arrested resulted in substantial bodily harm; or

3-29 (2) One previous conviction of battery upon a person listed in this

3-30 subsection, but there is no reason to believe that the battery for which he

3-31 has been arrested resulted in substantial bodily harm; or

3-32 (c) Fifteen thousand dollars, if the person has:

3-33 (1) One previous conviction of battery upon a person listed in this

3-34 subsection and there is reason to believe that the battery for which he has

3-35 been arrested resulted in substantial bodily harm; or

3-36 (2) Two or more previous convictions of battery upon one or more

3-37 persons listed in this subsection.

3-38 The provisions of this subsection do not affect the authority of a magistrate

3-39 or a court to set the amount of bail when the person personally appears

3-40 before the magistrate or the court.]

3-41 6. The court may, before releasing a person arrested for an offense

3-42 punishable as a felony, require the surrender to the court of any passport the

3-43 person possesses.

4-1 7. Before releasing a person arrested for any crime, the court may

4-2 impose such reasonable conditions on the person as it deems necessary to

4-3 protect the health, safety and welfare of the community and to ensure that

4-4 the person will appear at all times and places ordered by the court,

4-5 including, without limitation:

4-6 (a) Requiring the person to remain in this state or a certain county within

4-7 this state;

4-8 (b) Prohibiting the person from contacting or attempting to contact a

4-9 specific person or from causing or attempting to cause another person to

4-10 contact that person on his behalf;

4-11 (c) Prohibiting the person from entering a certain geographic area; or

4-12 (d) Prohibiting the person from engaging in specific conduct that may be

4-13 harmful to his own health, safety or welfare, or the health, safety or welfare

4-14 of another person.

4-15 In determining whether a condition is reasonable, the court shall consider

4-16 the factors listed in NRS 178.4853.

4-17 8. If a person fails to comply with a condition imposed pursuant to

4-18 subsection 7, the court may, after providing the person with reasonable

4-19 notice and an opportunity for a hearing:

4-20 (a) Deem such conduct a contempt pursuant to NRS 22.010; or

4-21 (b) Increase the amount of bail pursuant to NRS 178.499.

4-22 9. An order issued pursuant to this section that imposes a condition on

4-23 a person admitted to bail must include a provision ordering any law

4-24 enforcement officer to arrest the person if he has probable cause to believe

4-25 that the person has violated a condition of his bail.

4-26 10. Before a person may be admitted to bail, he must sign a document

4-27 stating that:

4-28 (a) He will appear at all times and places as ordered by the court

4-29 releasing him and as ordered by any court before which the charge is

4-30 subsequently heard;

4-31 (b) He will comply with the other conditions which have been imposed

4-32 by the court and are stated in the document; and

4-33 (c) If he fails to appear when so ordered and is taken into custody

4-34 outside of this state, he waives all his rights relating to extradition

4-35 proceedings.

4-36 The signed document must be filed with the clerk of the court of competent

4-37 jurisdiction as soon as practicable, but in no event later than the next

4-38 business day.

4-39 11. If a person admitted to bail fails to appear as ordered by a court

4-40 and the jurisdiction incurs any cost in returning the person to the

4-41 jurisdiction to stand trial, the person who failed to appear is responsible for

4-42 paying those costs as restitution.

5-1 Sec. 3. NRS 484.3792 is hereby amended to read as follows:

5-2 484.3792 1. A person who violates the provisions of NRS 484.379:

5-42 security.

6-1 2. An offense that occurred within 7 years immediately preceding the

6-2 date of the principal offense or after the principal offense constitutes a prior

6-3 offense for the purposes of this section when evidenced by a conviction,

6-4 without regard to the sequence of the offenses and convictions. The facts

6-5 concerning a prior offense must be alleged in the complaint, indictment or

6-6 information, must not be read to the jury or proved at trial but must be

6-7 proved at the time of sentencing and, if the principal offense is alleged to

6-8 be a felony, must also be shown at the preliminary examination or

6-9 presented to the grand jury.

6-10 3. A person convicted of violating the provisions of NRS 484.379 must

6-11 not be released on probation, and a sentence imposed for violating those

6-12 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

6-13 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

6-14 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

6-15 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

6-16 guilty but mentally ill or nolo contendere to a lesser charge or for any other

6-17 reason unless he knows or it is obvious that the charge is not supported by

6-18 probable cause or cannot be proved at the time of trial.

6-19 4. A term of confinement imposed pursuant to the provisions of this

6-20 section may be served intermittently at the discretion of the judge or justice

6-21 of the peace, except that a person who is convicted of a second or

6-22 subsequent offense within 7 years must be confined for at least one segment

6-23 of not less than 48 consecutive hours. This discretion must be exercised

6-24 after considering all the circumstances surrounding the offense, and the

6-25 family and employment of the offender, but any sentence of 30 days or less

6-26 must be served within 6 months after the date of conviction or, if the

6-27 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

6-28 suspension of his sentence was revoked, within 6 months after the date of

6-29 revocation. Any time for which the offender is confined must consist of not

6-30 less than 24 consecutive hours.

6-31 5. Jail sentences simultaneously imposed pursuant to this section and

6-32 NRS 483.560 or 485.330 must run consecutively.

6-33 6. If the person who violated the provisions of NRS 484.379 possesses

6-34 a driver’s license issued by a state other than the State of Nevada and does

6-35 not reside in the State of Nevada, in carrying out the provisions of

6-36 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

6-37 (a) Order the person to pay tuition for and submit evidence of

6-38 completion of an educational course on the abuse of alcohol and controlled

6-39 substances approved by a governmental agency of the state of his residence

6-40 within the time specified in the order; or

7-1 (b) Order him to complete an educational course by correspondence on

7-2 the abuse of alcohol and controlled substances approved by the department

7-3 within the time specified in the order,

7-4 and the court shall notify the department if the person fails to complete the

7-5 assigned course within the specified time.

7-6 7. If the defendant was transporting a person who is less than 15 years

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

7-8 consider that fact as an aggravating factor in determining the sentence of

7-9 the defendant.

7-10 8. As used in this section, unless the context otherwise requires,

7-11 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

7-12 resulting from the driving of a vehicle while under the influence of

7-13 intoxicating liquor or a controlled substance, or the violation of a law of

7-14 any other jurisdiction that prohibits the same or similar conduct.