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 484.3792 is hereby amended to read as follows:

2-30 484.3792 1. A person who violates the provisions of NRS 484.379:

2-43 identifies him as having violated the provisions of NRS 484.379; and

3-1 (3) Fine him not less than $400 nor more than $1,000.

3-2 (b) For a second offense within 7 years, is guilty of a misdemeanor.

3-3 Unless the sentence is reduced pursuant to NRS 484.3794, the court:

3-4 (1) Shall sentence him to:

3-5 (I) Imprisonment for not less than 10 days nor more than 6 months

3-6 in jail; or

3-7 (II) Residential confinement for not less than 10 days nor more

3-8 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

3-9 or 5.0755 to 5.078, inclusive;

3-10 (2) Shall fine him not less than $750 nor more than $1,000;

3-11 (3) Shall order him to perform not less than 100 hours, but not more

3-12 than 200 hours, of work for the community while dressed in distinctive garb

3-13 that identifies him as having violated the provisions of NRS 484.379,

3-14 unless the court finds that extenuating circumstances exist; and

3-15 (4) May order him to attend a program of treatment for the abuse of

3-16 alcohol or drugs pursuant to the provisions of NRS 484.37945.

3-17 A person who willfully fails or refuses to complete successfully a term of

3-18 residential confinement or a program of treatment ordered pursuant to this

3-19 paragraph is guilty of a misdemeanor.

3-20 (c) For a third or subsequent offense within 7 years, is guilty of a

3-21 category B felony and shall be punished by imprisonment in the state prison

3-22 for a minimum term of not less than 1 year and a maximum term of not

3-23 more than 6 years, and shall be further punished by a fine of not less than

3-24 $2,000 nor more than $5,000. An offender so imprisoned must, insofar as

3-25 practicable, be segregated from offenders whose crimes were violent and,

3-26 insofar as practicable, be assigned to an institution or facility of minimum

3-27 security.

3-28 2. An offense that occurred within 7 years immediately preceding the

3-29 date of the principal offense or after the principal offense constitutes a prior

3-30 offense for the purposes of this section when evidenced by a conviction,

3-31 without regard to the sequence of the offenses and convictions. The facts

3-32 concerning a prior offense must be alleged in the complaint, indictment or

3-33 information, must not be read to the jury or proved at trial but must be

3-34 proved at the time of sentencing and, if the principal offense is alleged to

3-35 be a felony, must also be shown at the preliminary examination or

3-36 presented to the grand jury.

3-37 3. A person convicted of violating the provisions of NRS 484.379 must

3-38 not be released on probation, and a sentence imposed for violating those

3-39 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

3-40 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

4-1 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

4-2 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

4-3 guilty but mentally ill or nolo contendere to a lesser charge or for any other

4-4 reason unless he knows or it is obvious that the charge is not supported by

4-5 probable cause or cannot be proved at the time of trial.

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

4-7 section may be served intermittently at the discretion of the judge or justice

4-8 of the peace, except that a person who is convicted of a second or

4-9 subsequent offense within 7 years must be confined for at least one segment

4-10 of not less than 48 consecutive hours. This discretion must be exercised

4-11 after considering all the circumstances surrounding the offense, and the

4-12 family and employment of the offender, but any sentence of 30 days or less

4-13 must be served within 6 months after the date of conviction or, if the

4-14 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

4-15 suspension of his sentence was revoked, within 6 months after the date of

4-16 revocation. Any time for which the offender is confined must consist of not

4-17 less than 24 consecutive hours.

4-18 5. Jail sentences simultaneously imposed pursuant to this section and

4-19 NRS 483.560 or 485.330 must run consecutively.

4-20 6. If the person who violated the provisions of NRS 484.379 possesses

4-21 a driver’s license issued by a state other than the State of Nevada and does

4-22 not reside in the State of Nevada, in carrying out the provisions of

4-23 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

4-24 (a) Order the person to pay tuition for and submit evidence of

4-25 completion of an educational course on the abuse of alcohol and controlled

4-26 substances approved by a governmental agency of the state of his residence

4-27 within the time specified in the order; or

4-28 (b) Order him to complete an educational course by correspondence on

4-29 the abuse of alcohol and controlled substances approved by the department

4-30 within the time specified in the order,

4-31 and the court shall notify the department if the person fails to complete the

4-32 assigned course within the specified time.

4-33 7. If the defendant was transporting a person who is less than 15 years

4-34 of age in the motor vehicle at the time of the violation, the court shall

4-35 consider that fact as an aggravating factor in determining the sentence of

4-36 the defendant.

4-37 8. As used in this section, unless the context otherwise requires,

4-38 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

4-39 resulting from the driving of a vehicle while under the influence of

4-40 intoxicating liquor or a controlled substance, or the violation of a law of

4-41 any other jurisdiction that prohibits the same or similar conduct.

4-42 Sec. 3. The amendatory provisions of this act do not apply to offenses

4-43 committed before the effective date of this act.

5-1 Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on

5-2 October 1, 1999.