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 50.325 is hereby amended to read as follows:

1-2 50.325 1. If a person is charged with an offense punishable pursuant

1-18 declaration must be admitted into evidence.

2-1 2. If the request is to have the affidavit or declaration admitted into

2-2 evidence at a preliminary hearing or hearing before a grand jury, the

2-3 affidavit or declaration must be admitted into evidence upon submission. If

2-4 the request is to have the affidavit or declaration admitted into evidence at

2-5 trial, the request must be:

2-6 (a) Made at least 10 days before the date set for the trial;

2-7 (b) Sent to the defendant’s counsel and to the defendant, by registered or

2-8 certified mail by the prosecuting attorney; and

2-9 (c) Accompanied by a copy of the affidavit or declaration and the name,

2-10 address and telephone number of the affiant or declarant.

2-11 3. The provisions of this section do not prohibit either party from

2-12 producing any witness to offer testimony at trial.

2-13 Sec. 2. NRS 62.020 is hereby amended to read as follows:

2-14 62.020 As used in this chapter, unless the context otherwise requires:

2-41 (c) Any traffic offense declared to be a felony.

3-1 Sec. 3. NRS 62.227 is hereby amended to read as follows:

3-2 62.227 1. If a child who is less than 18 years of age is found by the

3-21 revoked pursuant to this section.

3-22 Sec. 4. NRS 62.2275 is hereby amended to read as follows:

3-23 62.2275 1. If a child within the jurisdiction of the juvenile court is

3-42 bureau of alcohol and drug abuse,

4-1 who shall report to the judge the results of the evaluation and make a

4-2 recommendation to the judge concerning the length and type of treatment

4-3 required by the child.

4-4 (b) May be conducted at an evaluation center.

4-5 3. The judge shall:

4-6 (a) Order the child to undergo a program of treatment as recommended

4-7 by the person who conducted the evaluation pursuant to subsection 2.

4-8 (b) Require the treatment facility to submit monthly reports on the

4-9 treatment of the child pursuant to this section.

4-10 (c) Order the child, if he is at least 18 years of age or an emancipated

4-11 minor, or the parent or legal guardian of the child, to the extent of the

4-12 financial resources of the child or his parent or legal guardian, to pay any

4-13 charges relating to the evaluation and treatment of the child pursuant to this

4-14 section. If the child, or his parent or legal guardian, does not have the

4-15 financial resources to pay all [of] those charges:

4-16 (1) The judge shall, to the extent possible, arrange for the child to

4-17 receive treatment from a treatment facility which receives a sufficient

4-18 amount of federal or state money to offset the remainder of the costs; and

4-19 (2) The judge may order the child to perform supervised work for the

4-20 benefit of the community in lieu of paying the charges relating to his

4-21 evaluation and treatment. The work must be performed for and under the

4-22 supervising authority of a county, city, town or other political subdivision

4-23 or agency of the State of Nevada or a charitable organization that renders

4-24 service to the community or its residents. The court may require the child

4-25 or his parent or legal guardian to deposit with the court a reasonable sum of

4-26 money to pay for the cost of policies of insurance against liability for

4-27 personal injury and damage to property or for industrial insurance, or both,

4-28 during those periods in which the child performs the work, unless, in the

4-29 case of industrial insurance, it is provided by the authority for which he

4-30 performs the work.

4-31 4. [A] If a treatment facility has certified that a child has successfully

4-32 completed a program of treatment ordered pursuant to this section, the

4-33 treatment facility is not liable for any subsequent damages to person or

4-34 property caused by [a child who drives while under the influence of an

4-35 intoxicating liquor or a controlled substance after the treatment facility has

4-36 certified to his successful completion of a program of treatment ordered

4-37 pursuant to this section.] the child as a result of driving, operating or

4-38 being in actual physical control of a vehicle or a vessel under power or

4-39 sail:

4-40 (a) While having a detectable amount of a controlled substance or its

4-41 metabolite in his blood, urine or other bodily substance; or

5-1 (b) While under the influence or the combined influence of

5-2 intoxicating liquor, a controlled substance or a chemical, poison or

5-3 organic solvent.

5-4 5. The provisions of this section do not prohibit a judge from:

5-5 (a) Requiring an evaluation to be conducted by a person who is

5-6 employed by a private company if the company meets the standards of the

5-7 bureau of alcohol and drug abuse. Such an evaluation may be conducted at

5-8 an evaluation center pursuant to paragraph (b) of subsection 2.

5-9 (b) Ordering the child to attend a program of treatment which is

5-10 administered by a private company.

5-11 6. All information relating to the evaluation or treatment of a child

5-12 pursuant to this section is confidential and, except as otherwise authorized

5-13 by the provisions of this chapter or the juvenile court, must not be disclosed

5-14 to any person other than the juvenile court, the child and his attorney, if

5-15 any, his parents or guardian, the prosecuting attorney and any other person

5-16 for whom the communication of that information is necessary to effectuate

5-17 the evaluation or treatment of the child. A record of any finding that a child

5-18 has violated the provisions of NRS 484.379 or 484.3795 must be included

5-19 in the driver’s record of that child for 7 years after the date of the offense.

5-20 7. As used in this section:

5-21 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

5-22 drug abuse in the rehabilitation division of the department of employment,

5-23 training and rehabilitation.

5-24 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

5-25 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

5-26 Sec. 5. NRS 484.379 is hereby amended to read as follows:

5-27 484.379 1. [It] Except as otherwise provided in subsections 2 and 3,

5-42 otherwise uses] ;

6-1 (e) Has a detectable amount of a controlled substance or its metabolite

6-2 in his blood, urine or other bodily substance; or

6-3 (f) Has inhaled, ingested, applied or otherwise used any chemical,

6-4 poison or organic solvent, or any compound or combination of any of these,

6-5 to a degree which renders him incapable of safely driving or exercising

6-6 actual physical control of a vehicle . [to drive or be in actual physical

6-7 control of a vehicle on a highway or on premises to which the public has

6-8 access. The fact that any person charged with a violation of this subsection

6-9 is or has been entitled to use that drug under the laws of this state is not a

6-10 defense against any charge of violating this subsection.

6-11 3. If consumption is proven by a preponderance of the evidence, it]

6-12 2. It is an affirmative defense to a violation under paragraph (c) of

6-13 subsection 1 [that] if the defendant proves by a preponderance of the

6-14 evidence that he consumed a sufficient quantity of alcohol after driving or

6-15 being in actual physical control of the vehicle, and before his blood was

6-16 tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A

6-17 defendant who intends to offer this affirmative defense at a trial or

6-18 preliminary hearing must, not less than 14 days before the trial or hearing

6-19 or at such other time as the court may direct, file and serve on the

6-20 prosecuting attorney a written notice of that intent.

6-21 3. It is an affirmative defense to a violation under paragraph (e) of

6-22 subsection 1 if the defendant proves by a preponderance of the evidence

6-23 that each controlled substance or its metabolite that was detected in his

6-24 blood, urine or other bodily substance was:

6-25 (a) Being used in accordance with a prescription lawfully issued to the

6-26 defendant and that the defendant was not cautioned, warned or

6-27 instructed by a provider of health care or by any label on, information

6-28 provided with or container containing the controlled substance not to

6-29 drive a vehicle while using the controlled substance; or

6-30 (b) Opium whose detectable presence in his blood, urine or other

6-31 bodily substance was the result of the defendant legally ingesting poppy

6-32 seeds.

6-33 If a defendant intends to offer an affirmative defense described in this

6-34 subsection at a trial or preliminary hearing, the defendant must, not less

6-35 than 14 days before the trial or hearing or at such other time as the court

6-36 may direct, file and serve on the prosecuting attorney a written notice of

6-37 that intent.

6-38 4. Except as otherwise provided in subsection 3, a defendant may not

6-39 claim as a defense to any violation of this section that he was entitled

6-40 pursuant to the laws of this state or the laws of any other jurisdiction to

6-41 use the controlled substance, chemical, poison or organic solvent that

6-42 was involved in the violation.

7-1 5. As used in this section, "provider of health care" means a person

7-2 described in subsection 1 of NRS 629.031, whether or not the person is

7-3 licensed or practices in this state or any other jurisdiction.

7-4 Sec. 6. NRS 484.3795 is hereby amended to read as follows:

7-5 484.3795 1. [A] Except as otherwise provided in subsections 4 and

7-43 evidence that he consumed a sufficient quantity of alcohol after driving or

8-1 being in actual physical control of the vehicle, and before his blood was

8-2 tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A

8-3 defendant who intends to offer this affirmative defense at a trial or

8-4 preliminary hearing must, not less than 14 days before the trial or hearing

8-5 or at such other time as the court may direct, file and serve on the

8-6 prosecuting attorney a written notice of that intent.

8-7 [4.] 5. It is an affirmative defense to a violation under paragraph (e)

8-8 of subsection 1 if the defendant proves by a preponderance of the

8-9 evidence that each controlled substance or its metabolite that was

8-10 detected in his blood, urine or other bodily substance was:

8-11 (a) Being used in accordance with a prescription lawfully issued to the

8-12 defendant and that the defendant was not cautioned, warned or

8-13 instructed by a provider of health care or by any label on, information

8-14 provided with or container containing the controlled substance not to

8-15 drive a vehicle while using the controlled substance; or

8-16 (b) Opium whose detectable presence in his blood, urine or other

8-17 bodily substance was the result of the defendant legally ingesting poppy

8-18 seeds.

8-19 If a defendant intends to offer an affirmative defense described in this

8-20 subsection at a trial or preliminary hearing, the defendant must, not less

8-21 than 14 days before the trial or hearing or at such other time as the court

8-22 may direct, file and serve on the prosecuting attorney a written notice of

8-23 that intent.

8-24 6. Except as otherwise provided in subsection 5, a defendant may not

8-25 claim as a defense to any violation of this section that he was entitled

8-26 pursuant to the laws of this state or the laws of any other jurisdiction to

8-27 use the controlled substance, chemical, poison or organic solvent that

8-28 was involved in the violation.

8-29 7. If the defendant was transporting a person who is less than 15 years

8-30 of age in the motor vehicle at the time of the violation, the court shall

8-31 consider that fact as an aggravating factor in determining the sentence of

8-32 the defendant.

8-33 8. As used in this section, "provider of health care" means a person

8-34 described in subsection 1 of NRS 629.031, whether or not the person is

8-35 licensed or practices in this state or any other jurisdiction.

8-36 Sec. 7. NRS 488.410 is hereby amended to read as follows:

8-37 488.410 1. [It] Except as otherwise provided in subsections 2 and 3,

8-42 (b) Has 0.10 percent or more by weight of alcohol in his blood; or

9-1 (c) Is found by measurement within 2 hours after operating or being in

9-2 actual physical control of a vessel to have 0.10 percent or more by weight

9-3 of alcohol in his blood [,

9-4 to operate or be in actual physical control of a vessel under power or sail on

9-5 the waters of this state.

9-6 2. It is unlawful for any person who:

9-7 (a) Is under the influence of any controlled substance;

9-8 (b)] ;

9-9 (d) Is under the combined influence of intoxicating liquor and a

9-10 controlled substance; [or

9-11 (c) Inhales, ingests, applies or otherwise uses]

9-12 (e) Has a detectable amount of a controlled substance or its metabolite

9-13 in his blood, urine or other bodily substance; or

9-14 (f) Has inhaled, ingested, applied or otherwise used any chemical,

9-15 poison or organic solvent, or any compound or combination of any of these,

9-16 to a degree which renders him incapable of safely operating or exercising

9-17 actual physical control of a vessel under power or sail . [,

9-18 to operate or exercise actual physical control of a vessel under power or

9-19 sail on the waters of this state.

9-20 3. If consumption is proven by a preponderance of the evidence, it]

9-21 2. It is an affirmative defense to a violation under paragraph (c) of

9-22 subsection 1 [that] if the defendant proves by a preponderance of the

9-23 evidence that he consumed a sufficient quantity of alcohol after operating

9-24 or being in actual physical control of the vessel, and before his blood was

9-25 tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A

9-26 defendant who intends to offer this affirmative defense at a trial or

9-27 preliminary hearing must, not less than 14 days before the trial or hearing

9-28 or at such other time as the court may direct, file and serve on the

9-29 prosecuting attorney a written notice of that intent.

9-30 3. It is an affirmative defense to a violation under paragraph (e) of

9-31 subsection 1 if the defendant proves by a preponderance of the evidence

9-32 that each controlled substance or its metabolite that was detected in his

9-33 blood, urine or other bodily substance was:

9-34 (a) Being used in accordance with a prescription lawfully issued to the

9-35 defendant and that the defendant was not cautioned, warned or

9-36 instructed by a provider of health care or by any label on, information

9-37 provided with or container containing the controlled substance not to

9-38 drive a vehicle or operate a vessel while using the controlled substance;

9-39 or

9-40 (b) Opium whose detectable presence in his blood, urine or other

9-41 bodily substance was the result of the defendant legally ingesting poppy

9-42 seeds.

10-1 If a defendant intends to offer an affirmative defense described in this

10-2 subsection at a trial or preliminary hearing, the defendant must, not less

10-3 than 14 days before the trial or hearing or at such other time as the court

10-4 may direct, file and serve on the prosecuting attorney a written notice of

10-5 that intent.

10-6 4. Except as otherwise provided in subsection 3, a defendant may not

10-7 claim as a defense to any violation of this section that he was entitled

10-8 pursuant to the laws of this state or the laws of any other jurisdiction to

10-9 use the controlled substance, chemical, poison or organic solvent that

10-10 was involved in the violation.

10-11 5. As used in this section, "provider of health care" means a person

10-12 described in subsection 1 of NRS 629.031, whether or not the person is

10-13 licensed or practices in this state or any other jurisdiction.

10-14 Sec. 8. NRS 488.420 is hereby amended to read as follows:

10-15 488.420 1. [A] Except as otherwise provided in subsections 4 and 5,

10-42 minimum security.

11-1 [2.] 3. A prosecuting attorney shall not dismiss a charge of violating

11-2 the provisions of subsection 1 in exchange for a plea of guilty, guilty but

11-3 mentally ill or nolo contendere to a lesser charge or for any other reason

11-4 unless he knows or it is obvious that the charge is not supported by

11-5 probable cause or cannot be proved at the time of trial. A sentence imposed

11-6 pursuant to subsection 1 must not be suspended, and probation must not be

11-7 granted.

11-8 [3. If consumption is proven by a preponderance of the evidence, it]

11-9 4. It is an affirmative defense to a violation under paragraph (c) of

11-10 subsection 1 [that] if the defendant proves by a preponderance of the

11-11 evidence that he consumed a sufficient quantity of alcohol after operating

11-12 or being in actual physical control of the vessel under power or sail, and

11-13 before his blood was tested, to cause the alcohol in his blood to equal or

11-14 exceed 0.10 percent. A defendant who intends to offer this affirmative

11-15 defense at a trial or preliminary hearing must, not less than 14 days before

11-16 the trial or hearing or at such other time as the court may direct, file and

11-17 serve on the prosecuting attorney a written notice of that intent.

11-18 [4.] 5. It is an affirmative defense to a violation under paragraph (e)

11-19 of subsection 1 if the defendant proves by a preponderance of the

11-20 evidence that each controlled substance or its metabolite that was

11-21 detected in his blood, urine or other bodily substance was:

11-22 (a) Being used in accordance with a prescription lawfully issued to the

11-23 defendant and that the defendant was not cautioned, warned or

11-24 instructed by a provider of health care or by any label on, information

11-25 provided with or container containing the controlled substance not to

11-26 drive a vehicle or operate a vessel while using the controlled substance;

11-27 or

11-28 (b) Opium whose detectable presence in his blood, urine or other

11-29 bodily substance was the result of the defendant legally ingesting poppy

11-30 seeds.

11-31 If a defendant intends to offer an affirmative defense described in this

11-32 subsection at a trial or preliminary hearing, the defendant must, not less

11-33 than 14 days before the trial or hearing or at such other time as the court

11-34 may direct, file and serve on the prosecuting attorney a written notice of

11-35 that intent.

11-36 6. Except as otherwise provided in subsection 5, a defendant may not

11-37 claim as a defense to any violation of this section that he was entitled

11-38 pursuant to the laws of this state or the laws of any other jurisdiction to

11-39 use the controlled substance, chemical, poison or organic solvent that

11-40 was involved in the violation.

11-41 7. If a person less than 15 years of age was in the vessel at the time of

11-42 the defendant’s violation, the court shall consider that fact as an

11-43 aggravating factor in determining the sentence of the defendant.

12-1 8. As used in this section, "provider of health care" means a person

12-2 described in subsection 1 of NRS 629.031, whether or not the person is

12-3 licensed or practices in this state or any other jurisdiction.

12-4 Sec. 9. The amendatory provisions of this act do not apply to offenses

12-5 committed before the effective date of this act.

12-6 Sec. 10. This act becomes effective upon passage and approval.