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 202 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. As used in this section and sections 3 and 4 of this act, unless

1-4 the context otherwise requires, "laser pointer" means any device that

1-5 emits light amplified by the stimulated emission of radiation that is

1-6 visible to the human eye.

1-7 Sec. 3. 1. Except as otherwise provided in subsection 2, a person

1-8 shall not direct light emitted from a laser pointer into or through a public

1-9 place.

1-10 2. A person who is 19 years of age or older may direct light emitted

1-11 from a laser pointer into or through a public place if he directs the light

1-12 for a valid purpose related to his employment during the hours of his

1-13 employment.

1-14 3. A person who violates the provisions of this section is guilty of a

1-15 misdemeanor.

2-1 Sec. 4. 1. A person shall not direct light emitted from a laser

2-2 pointer at a uniformed peace officer, security guard, traffic officer,

2-3 fireman, emergency medical attendant or ambulance driver or attendant.

2-4 2. A person who violates the provisions of this section is guilty of a

2-5 misdemeanor.

2-6 3. As used in this section:

2-7 (a) "Emergency medical attendant" has the meaning ascribed to it in

2-8 NRS 41.139.

2-9 (b) "Security guard" has the meaning ascribed to it in NRS 648.016.

2-10 Sec. 5. NRS 205.240 is hereby amended to read as follows:

2-11 205.240 1. Except as otherwise provided in NRS 205.220, 205.226,

2-43 serve a term of imprisonment of not less than 60 days.

3-1 5. If a person is convicted of petit larceny and within the 3 years

3-2 immediately preceding and including the date of that conviction, the person

3-3 is or has been convicted of petit larceny three or more other times, the

3-4 court, in addition to any other penalty:

3-5 (a) Shall sentence the person to a term of imprisonment of not less than

3-6 60 days nor more than 6 months;

3-7 (b) Shall not grant probation or suspend the sentence unless the court

3-8 orders as a condition of probation or suspension of sentence that the person

3-9 serve a term of imprisonment of not less than 60 days; and

3-10 (c) Shall impose a fine of at least $500.

3-11 6. The provisions of subsections 3, 4 and 5 do not affect the provisions

3-12 of any other statute providing for a more severe penalty for a first or

3-13 subsequent conviction of petit larceny.]

3-14 Sec. 6. NRS 484.3792 is hereby amended to read as follows:

3-15 484.3792 1. A person who violates the provisions of NRS 484.379:

3-42 unless the court finds that extenuating circumstances exist; and

4-1 (4) May order him to attend a program of treatment for the abuse of

4-2 alcohol or drugs pursuant to the provisions of NRS 484.37945.

4-3 A person who willfully fails or refuses to complete successfully a term of

4-4 residential confinement or a program of treatment ordered pursuant to this

4-5 paragraph is guilty of a misdemeanor.

4-6 (c) For a third or subsequent offense within 7 years, is guilty of a

4-7 category B felony and shall be punished by imprisonment in the state prison

4-8 for a minimum term of not less than 1 year and a maximum term of not

4-9 more than 6 years, and shall be further punished by a fine of not less than

4-10 $2,000 nor more than $5,000. An offender so imprisoned must, insofar as

4-11 practicable, be segregated from offenders whose crimes were violent and,

4-12 insofar as practicable, be assigned to an institution or facility of minimum

4-13 security.

4-14 2. An offense that occurred within 7 years immediately preceding the

4-15 date of the principal offense or after the principal offense constitutes a prior

4-16 offense for the purposes of this section when evidenced by a conviction,

4-17 without regard to the sequence of the offenses and convictions. The facts

4-18 concerning a prior offense must be alleged in the complaint, indictment or

4-19 information, must not be read to the jury or proved at trial but must be

4-20 proved at the time of sentencing and, if the principal offense is alleged to

4-21 be a felony, must also be shown at the preliminary examination or

4-22 presented to the grand jury.

4-23 3. A person convicted of violating the provisions of NRS 484.379 must

4-24 not be released on probation, and a sentence imposed for violating those

4-25 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

4-26 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

4-27 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

4-28 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

4-29 guilty but mentally ill or nolo contendere to a lesser charge or for any other

4-30 reason unless he knows or it is obvious that the charge is not supported by

4-31 probable cause or cannot be proved at the time of trial.

4-32 4. A term of confinement imposed pursuant to the provisions of this

4-33 section may be served intermittently at the discretion of the judge or justice

4-34 of the peace, except that a person who is convicted of a second or

4-35 subsequent offense within 7 years must be confined for at least one segment

4-36 of not less than 48 consecutive hours. This discretion must be exercised

4-37 after considering all the circumstances surrounding the offense, and the

4-38 family and employment of the offender, but any sentence of 30 days or less

4-39 must be served within 6 months after the date of conviction or, if the

4-40 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

4-41 suspension of his sentence was revoked, within 6 months after the date of

4-42 revocation. Any time for which the offender is confined must consist of not

4-43 less than 24 consecutive hours.

5-1 5. Jail sentences simultaneously imposed pursuant to this section and

5-2 NRS 483.560 or 485.330 must run consecutively.

5-3 6. If the person who violated the provisions of NRS 484.379 possesses

5-4 a driver’s license issued by a state other than the State of Nevada and does

5-5 not reside in the State of Nevada, in carrying out the provisions of

5-6 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

5-7 (a) Order the person to pay tuition for and submit evidence of

5-8 completion of an educational course on the abuse of alcohol and controlled

5-9 substances approved by a governmental agency of the state of his residence

5-10 within the time specified in the order; or

5-11 (b) Order him to complete an educational course by correspondence on

5-12 the abuse of alcohol and controlled substances approved by the department

5-13 within the time specified in the order,

5-14 and the court shall notify the department if the person fails to complete the

5-15 assigned course within the specified time.

5-16 7. If the defendant was transporting a person who is less than 15 years

5-17 of age in the motor vehicle at the time of the violation, the court shall

5-18 consider that fact as an aggravating factor in determining the sentence of

5-19 the defendant.

5-20 8. As used in this section, unless the context otherwise requires,

5-21 "offense" means a violation of NRS 484.379 or 484.3795 or a homicide

5-22 resulting from the driving of a vehicle while under the influence of

5-23 intoxicating liquor or a controlled substance, or the violation of a law of

5-24 any other jurisdiction that prohibits the same or similar conduct.

5-25 Sec. 7. The amendatory provisions of this act do not apply to offenses

5-26 committed before October 1, 1999.

5-27 Sec. 8. Section 6 of this act becomes effective at 12:01 a.m. on

5-28 October 1, 1999.