Senate Bill No. 481–Committee on Judiciary

CHAPTER........

Section 1. Chapter 50 of NRS is hereby amended by adding thereto a

new section to read as follows:

Sec. 2. NRS 50.315 is hereby amended to read as follows:

50.315 1. Except as otherwise provided in subsections 6 and 7, the

affidavit or declaration of a person is admissible in evidence in any

criminal or administrative proceeding to prove:

(a) That the affiant or declarant has been certified by the director of the

department of motor vehicles and public safety as being competent to

operate devices of a type certified by the committee on testing for

intoxication as accurate and reliable for testing a person's breath to

determine the amount by weight of alcohol in his breath;

(b) The identity of a person from whom the affiant or declarant obtained

a sample of breath; and

(c) That the affiant or declarant tested the sample using a device of a

type so certified and that the device was functioning properly.

2. Except as otherwise provided in subsections 6 and 7, the affidavit or

declaration of a person who prepared a chemical solution or gas that has

been used in calibrating a device for testing another's breath to determine

the amount of alcohol in his breath is admissible in evidence in any

criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant; and

(b) That the solution or gas has the chemical composition necessary for

accurately calibrating it.

3. Except as otherwise provided in subsections 6 and 7, the affidavit or

declaration of a person who calibrates a device for testing another's breath

to determine the amount of alcohol in his breath is admissible in evidence

in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) That on a specified date the affiant or declarant calibrated the device

at a named law enforcement agency by using the procedures and equipment

prescribed in the regulations of the committee on testing for intoxication; (c) That the calibration was performed within the period required by the

committee's regulations; and

(d) Upon completing the calibration of the device, it was operating

properly.

4. Except as otherwise provided in subsections 6 and 7, the affidavit or

declaration made under the penalty of perjury of a person who withdraws a

sample of blood from another for analysis by an expert as set forth in NRS

50.320 is admissible in any criminal or administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The identity of the person from whom the affiant or declarant

withdrew the sample;

(c) The fact that the affiant or declarant kept the sample in his sole

custody or control and in substantially the same condition as when he first

obtained it until delivering it to another; and

(d) The identity of the person to whom the affiant or declarant delivered

it.

5. Except as otherwise provided in subsections 6 and 7, the affidavit or

declaration of a person who receives from another a sample of blood or

urine or other tangible evidence that is alleged to contain alcohol or a

administrative proceeding to prove:

(a) The occupation of the affiant or declarant;

(b) The fact that the affiant or declarant received a sample or other

evidence from another person and kept it in his sole custody or control in

substantially the same condition as when he first received it until delivering

it to another; and

(c) The identity of the person to whom the affiant or declarant delivered

it.

6. If, at or before the time of the trial, the defendant establishes that:

(a) There is a substantial and bona fide dispute regarding the facts in the

affidavit or declaration; and

(b) It is in the best interests of justice that the witness who signed the

affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness and may

continue the trial for any time the court deems reasonably necessary to

receive such testimony. The time within which a trial is required is

extended by the time of the continuance.

7. During any trial in which the defendant has been accused of

committing a felony, the defendant may object in writing to admitting into

evidence an affidavit or declaration described in this section. If the

defendant makes such an objection, the court shall not admit the affidavit or

declaration into evidence and the prosecution may cause the person to

testify in court to any information contained in the affidavit or declaration. 8. The committee on testing for intoxication shall adopt regulations

prescribing the form of the affidavits and declarations described in this

section.

Sec. 3. NRS 50.320 is hereby amended to read as follows:

50.320 1. The affidavit or declaration of a chemist and any other

person who has qualified in the district court of any county to testify as an

expert witness regarding the presence in the breath, blood or urine of a

quantity of a controlled substance alleged to have been in the possession of

a person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The amount of alcohol or the presence or absence of a controlled

is admissible in the manner provided in this section.

2. An affidavit or declaration which is submitted to prove any fact set

forth in subsection 1 must be admitted into evidence when submitted during

any administrative proceeding, preliminary hearing or hearing before a

grand jury. The court shall not sustain any objection to the admission of

such an affidavit or declaration.

3. The defendant may object in writing to admitting into evidence an

affidavit or declaration submitted to prove any fact set forth in subsection 1

during his trial. If the defendant makes such an objection, the court shall

not admit the affidavit or declaration into evidence and the prosecution may

cause the person to testify in court to any information contained in the

affidavit or declaration.

4. The committee on testing for intoxication shall adopt regulations

prescribing the form of the affidavits and declarations described in this

section.

Sec. 4. NRS 50.325 is hereby amended to read as follows:

and it is necessary to prove:

(a) The existence of any alcohol;

(b) The quantity of a controlled substance; or

(c) The existence or identity of a controlled substance, chemical, poison

the prosecuting attorney may request that the affidavit or declaration of an

expert or other person described in NRS 50.315 and 50.320 be admitted

into evidence at the trial or preliminary hearing concerning the offense.

Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or

declaration must be admitted into evidence. 2. If the request is to have the affidavit or declaration admitted into

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

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

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

trial, the request must be:

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

(b) Sent to the defendant's counsel and to the defendant, by registered or

certified mail by the prosecuting attorney; and

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

address and telephone number of the affiant or declarant.

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

producing any witness to offer testimony at trial.

Sec. 5. NRS 62.020 is hereby amended to read as follows:

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

1. Except as otherwise provided in this subsection, "child" means a

person who is:

(a) Less than 18 years of age; or

(b) Less than 21 years of age and subject to the jurisdiction of the

juvenile court for an act of delinquency that was committed before the

person reached 18 years of age.

The term does not include a person who is excluded from the jurisdiction of

the juvenile court pursuant to NRS 62.040 or a person who is certified for

criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.

2. "Court" means the juvenile division of the district court.

3. "Indian child" has the meaning ascribed to it in 25 U.S.C. § 1903.

4. "Indian Child Welfare Act" means the Indian Child Welfare Act of

5. "Judge" means the judge of the juvenile division of the district court.

6. "Juvenile court" or "juvenile division" means

: (a) In any judicial district that includes a county whose population is

100,000 or more, the family division of the district court; or

(b) In any other judicial district, the juvenile division of the district

court.

7. "Minor traffic offense" means a violation of any state or local law,

ordinance or resolution governing the operation of a motor vehicle upon

any street, alley or highway within this state other than:

(a) A violation of chapter 484 or 706 of NRS that causes the death of a

person;

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

Sec. 6. NRS 62.227 is hereby amended to read as follows:

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

NRS 484.379 or 484.3795, the judge, or his authorized representative,

shall, if the child possesses a driver's license, issue an order revoking the

driver's license of that child for 90 days. If such an order is issued, the

judge shall require the child to surrender to the court all driver's licenses

then held by the child. The court shall, within 5 days after issuing the order,

forward to the department of motor vehicles and public safety the licenses

and a copy of the order.

2. The judge shall require the child to submit to the tests and other

requirements which are adopted by regulation pursuant to subsection 1 of

NRS 483.495 as a condition of reinstatement of the driver's license of the

child.

3. If the child is found to have committed a subsequent unlawful act as

set forth in subsection 1, the court shall order an additional period of

revocation to apply consecutively with the previous order.

4. The judge may authorize the department to issue a restricted driver's

license pursuant to NRS 483.490 to a child whose driver's license is

revoked pursuant to this section.

Sec. 7. NRS 62.2275 is hereby amended to read as follows:

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

distributing a controlled substance; or

possessing an alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall require the child to

undergo an evaluation to determine if the child is an abuser of alcohol or

other drugs. 2. The evaluation of a child pursuant to this section:

(a) Must be conducted by:

(1) A counselor certified to make that classification by the bureau of

alcohol and drug abuse;

(2) A physician certified to make that classification by the board of

medical examiners; or

(3) A person who is approved to make that classification by the

bureau of alcohol and drug abuse,

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

recommendation to the judge concerning the length and type of treatment

required by the child.

(b) May be conducted at an evaluation center.

3. The judge shall:

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

by the person who conducted the evaluation pursuant to subsection 2.

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

treatment of the child pursuant to this section.

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

minor, or the parent or legal guardian of the child, to the extent of the

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

charges relating to the evaluation and treatment of the child pursuant to this

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

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

receive treatment from a treatment facility which receives a sufficient

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

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

benefit of the community in lieu of paying the charges relating to his

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

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

or agency of the State of Nevada or a charitable organization that renders

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

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

money to pay for the cost of policies of insurance against liability for

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

during those periods in which the child performs the work, unless, in the

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

performs the work.

4. A treatment facility is not liable for any damages to person or

after the treatment facility has certified to his successful completion of a

program of treatment ordered pursuant to this section.

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

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

employed by a private company if the company meets the standards of the

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

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

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

administered by a private company.

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

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

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

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

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

for whom the communication of that information is necessary to effectuate

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

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

in the driver's record of that child for 7 years after the date of the offense.

7. As used in this section:

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

drug abuse in the rehabilitation division of the department of employment,

training and rehabilitation.

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

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

Sec. 8. NRS 458.260 is hereby amended to read as follows:

458.260 1. Except as otherwise provided in subsection 2, the use of

alcohol, the status of drunkard and the fact of being found in an intoxicated

condition are not:

(a) Public offenses and shall not be so treated in any ordinance or

resolution of a county, city or town.

(b) Elements of an offense giving rise to a criminal penalty or civil

sanction.

2. The provisions of subsection 1 do not apply to:

(c) A homicide resulting from driving, operating or being in actual

physical control of a vehicle or a vessel under power or sail while under the

in an ordinance or resolution of a county, city or town.

3. This section does not make intoxication an excuse or defense for any

criminal act.

Sec. 9. NRS 458.270 is hereby amended to read as follows:

458.270 1. Except as otherwise provided in subsection 7, a person

who is found in any public place under the influence of alcohol, in such a

condition that he is unable to exercise care for his own health or safety or

the health or safety of others, must be placed under civil protective custody

by a peace officer.

2. A peace officer may use upon such a person that kind and degree of

force which would be lawful if he were effecting an arrest for a

misdemeanor with a warrant.

3. If a licensed facility for the treatment of persons who abuse alcohol

exists in the community where the person is found, he must be delivered to

the facility for observation and care. If no such facility exists in the

community, the person so found may be placed in a county or city jail or

detention facility for shelter or supervision for his own health and safety

until he is no longer under the influence of alcohol. He may not be required

against his will to remain in either a licensed facility, jail or detention

facility longer than 48 hours.

4. An intoxicated person taken into custody by a peace officer for a

public offense must immediately be taken to a secure detoxification unit or

other appropriate medical facility if his condition appears to require

emergency medical treatment. Upon release from the detoxification unit or

medical facility, the person must immediately be remanded to the custody

of the apprehending peace officer and the criminal proceedings proceed as

prescribed by law.

5. The placement of a person found under the influence of alcohol in

civil protective custody must be:

(a) Recorded at the facility, jail or detention facility to which he is

delivered; and

(b) Communicated at the earliest practical time to his family or next of

kin if they can be located and to the division or to a local alcohol abuse

authority designated by the division.

6. Every peace officer and other public employee or agency acting

pursuant to this section is performing a discretionary function or duty.

7. The provisions of this section do not apply to a person who is

apprehended or arrested for:

physical control of a vehicle or a vessel under power or sail while under the

town.

Sec. 10. NRS 458.300 is hereby amended to read as follows:

458.300 Subject to the provisions of NRS 458.290 to 458.350,

inclusive, an alcoholic or a drug addict who has been convicted of a crime

is eligible to elect to be assigned by the court to a program of treatment for

the abuse of alcohol or drugs pursuant to NRS 453.580 before he is

sentenced unless:

1. The crime is a crime against the person punishable as a felony or

gross misdemeanor as provided in chapter 200 of NRS or the crime is an

act which constitutes domestic violence as set forth in NRS 33.018;

2. The crime is that of trafficking of a controlled substance;

4. The alcoholic or drug addict has a record of two or more convictions

of a crime described in subsection 1 or 2, a similar crime in violation of the

laws of another state, or of three or more convictions of any felony;

5. Other criminal proceedings alleging commission of a felony are

pending against the alcoholic or drug addict;

6. The alcoholic or drug addict is on probation or parole and the

appropriate parole or probation authority does not consent to the election;

or

7. The alcoholic or drug addict elected and was admitted, pursuant to

NRS 458.290 to 458.350, inclusive, to a program of treatment not more

than twice within the preceding 5 years.

Sec. 11. Chapter 483 of NRS is hereby amended by adding thereto a

new section to read as follows:

Sec. 12. NRS 483.020 is hereby amended to read as follows:

483.020 As used in NRS 483.010 to 483.630, inclusive, unless the

to them in those sections.

Sec. 13. NRS 483.080 is hereby amended to read as follows:

Sec. 14. NRS 483.330 is hereby amended to read as follows:

483.330 1. The department may require every applicant for a driver's

license, including a commercial driver's license issued pursuant to NRS

483.900 to 483.940, inclusive, to submit to an examination. The

examination may include:

(a) A test of the applicant's ability to understand official devices used to

control traffic;

(b) A test of his knowledge of practices for safe driving and the traffic

laws of this state;

(c) Except as otherwise provided in subsection 2, a test of his eyesight;

and

(d) Except as otherwise provided in subsection 3, an actual

demonstration of his ability to exercise ordinary and reasonable control in

the operation of a motor vehicle of the type or class of vehicle for which he

is to be licensed.

The examination may also include such further physical and mental

examination as the department finds necessary to determine the applicant's

fitness to drive a motor vehicle safely upon the highways.

2. The department may provide by regulation for the acceptance of a

report from an ophthalmologist, optician or optometrist in lieu of an eye

test by a driver's license examiner.

3. If the department establishes a type or classification of driver's

license to operate a motor vehicle of a type which is not normally available

to examine an applicant's ability to exercise ordinary and reasonable

control of such a vehicle, the department may, by regulation, provide for

the acceptance of an affidavit from a:

(a) Past, present or prospective employer of the applicant; or

(b) Local joint apprenticeship committee which had jurisdiction over the

training or testing, or both, of the applicant,

in lieu of an actual demonstration.

4. The department may waive an examination pursuant to subsection 1

for a person applying for a Nevada driver's license who possesses a valid

driver's license of the same type or class issued by another jurisdiction

unless that person:

(a) Has not attained 25 years of age;

(b) Has had his license or privilege to drive a motor vehicle suspended,

revoked or canceled or has been otherwise disqualified from driving during

(d) Has restrictions to his driver's license which the department must

reevaluate to ensure the safe driving of a motor vehicle by that person;

(e) Has had three or more convictions of moving traffic violations on his

driving record during the immediately preceding 4 years; or

(f) Has been convicted of any of the offenses related to the use or

operation of a motor vehicle which must be reported pursuant to the

provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal

Regulations relating to the National Driver Register Problem Driver Pointer

System during the immediately preceding 4 years.

Sec. 15. NRS 483.460 is hereby amended to read as follows:

483.460 1. Except as otherwise provided by statute, the department

shall revoke the license, permit or privilege of any driver upon receiving a

record of his conviction of any of the following offenses, when that

conviction has become final, and the driver is not eligible for a license,

permit or privilege to drive for the period indicated:

(a) For a period of 3 years if the offense is:

(1) A violation of subsection 2 of NRS 484.377.

(2) A third or subsequent violation within 7 years of NRS 484.379.

The period during which such a driver is not eligible for a license, permit or

privilege to drive must be set aside during any period of imprisonment and

the period of revocation must resume upon completion of the period of

imprisonment or when the person is placed on residential confinement.

(b) For a period of 1 year if the offense is:

(1) Any other manslaughter resulting from the driving of a motor

vehicle or felony in the commission of which a motor vehicle is used,

including the unlawful taking of a motor vehicle.

(2) Failure to stop and render aid as required pursuant to the laws of

this state in the event of a motor vehicle accident resulting in the death or

bodily injury of another.

(3) Perjury or the making of a false affidavit or statement under oath

to the department pursuant to NRS 483.010 to 483.630, inclusive, or

pursuant to any other law relating to the ownership or driving of motor

vehicles.

(4) Conviction, or forfeiture of bail not vacated, upon three charges of

reckless driving committed within a period of 12 months. (5) A second violation within 7 years of NRS 484.379 and, except as

otherwise provided in subsection 2 of NRS 483.490, the driver is not

eligible for a restricted license during any of that period.

(6) A violation of NRS 484.348.

(c) For a period of 90 days, if the offense is a first violation within 7

years of NRS 484.379.

2. The department shall revoke the license, permit or privilege of a

driver convicted of violating NRS 484.379 who fails to complete the

educational course on the use of alcohol and controlled substances within

the time ordered by the court and shall add a period of 90 days during

which the driver is not eligible for a license, permit or privilege to drive.

3. When the department is notified by a court that a person who has

been convicted of violating NRS 484.379 has been permitted to enter a

program of treatment pursuant to NRS 484.37937 or 484.3794, the

department shall reduce by one-half the period during which he is not

eligible for a license, permit or privilege to drive, but shall restore that

reduction in time if notified that he was not accepted for or failed to

complete the treatment.

4. The department shall revoke the license, permit or privilege to drive

of a person who is required to install a device pursuant to NRS 484.3943

but who operates a motor vehicle without such a device:

(a) For 3 years, if it is his first such offense during the period of required

use of the device.

(b) For 5 years, if it is his second such offense during the period of

required use of the device.

5. A driver whose license, permit or privilege is revoked pursuant to

subsection 4 is not eligible for a restricted license during the period set

forth in paragraph (a) or (b) of that subsection, whichever is applicable.

take such actions as are necessary to carry out the court's order.

7. As used in this section, "device" has the meaning ascribed to it in

NRS 484.3941.

Sec. 16. NRS 483.490 is hereby amended to read as follows:

483.490 1. Except as otherwise provided in this section, after a

driver's license has been suspended or revoked for an offense other than a

second violation within 7 years of NRS 484.379 and one-half of the period

during which the driver is not eligible for a license has expired, thedepartment may, unless the statute authorizing the suspension prohibits the

issuance of a restricted license, issue a restricted driver's license to an

applicant permitting the applicant to drive a motor vehicle:

(a) To and from work or in the course of his work, or both; or

(b) To acquire supplies of medicine or food or receive regularly

scheduled medical care for himself or a member of his immediate

family.

Before a restricted license may be issued, the applicant must submit

sufficient documentary evidence to satisfy the department that a severe

hardship exists because the applicant has no alternative means of

transportation and that the severe hardship outweighs the risk to the public

if he is issued a restricted license.

2. A person who has been ordered to install a device in a motor vehicle

which he owns or operates pursuant to NRS 484.3943:

(a) Shall install the device not later than 21 days after the date on which

the order was issued; and

(b) May not receive a restricted license pursuant to this section until:

(1) After at least 180 days of the period during which he is not

(2) After at least 90 days of the period during which he is not eligible

for a license, if he was convicted of a second violation within 7 years of

NRS 484.379; or

(3) After at least 45 days of the period during which he is not eligible

for a license, if he was convicted of a first violation within 7 years of NRS

484.379.

3. If the department has received a copy of an order requiring a person

to install a device in a motor vehicle which he owns or operates pursuant to

NRS 484.3943, the department shall not issue a restricted driver's license

to such a person pursuant to this section unless the applicant has submitted

proof of compliance with the order and subsection 2.

4. After a driver's license has been revoked pursuant to subsection 1 of

NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

issue a restricted driver's license to an applicant permitting the applicant to

drive a motor vehicle:

(a) If applicable, to and from work or in the course of his work, or both;

and

(b) If applicable, to and from school

. 5. After a driver's license has been suspended pursuant to NRS

483.443, the department may issue a restricted driver's license to an

applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his work, or both;

(b) To receive regularly scheduled medical care for himself or a member

of his immediate family; and

(c) If applicable, as necessary to exercise a court-ordered right to visit a

child.

6. A driver who violates a condition of a restricted license issued

pursuant to subsection 1 or by another jurisdiction is guilty of a

2 of NRS 483.560.

7. The periods of suspensions and revocations required pursuant to this

chapter and NRS 484.384 must run consecutively, except as otherwise

provided in NRS 483.465 and 483.475, when the suspensions must run

concurrently.

8. Whenever the department suspends or revokes a license, the period

of suspension, or of ineligibility for a license after the revocation, begins

upon the effective date of the revocation or suspension as contained in the

notice thereof.

Sec. 17. NRS 483.560 is hereby amended to read as follows:

483.560 1. Except as otherwise provided in subsection 2, any person

who drives a motor vehicle on a highway or on premises to which the

public has access at a time when his driver's license has been canceled,

revoked or suspended is guilty of a misdemeanor.

not be suspended. A prosecutor may not dismiss a charge of such a

violation in exchange for a plea of guilty, of guilty but mentally ill or of

nolo contendere to a lesser charge or for any other reason, unless in his

judgment the charge is not supported by probable cause or cannot be

proved at trial. The provisions of this subsection do not apply if the period

of revocation has expired but the person has not reinstated his license.

3. A term of imprisonment imposed pursuant to the provisions of this

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

of the peace. This discretion must be exercised after considering all the

circumstances surrounding the offense, and the family and employment of

the person convicted. However, the full term of imprisonment must be

served within 6 months after the date of conviction, and any segment of

time the person is imprisoned must not consist of less than 24 hours.

4. Jail sentences simultaneously imposed pursuant to this section and

NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

record of the conviction or punishment of any person pursuant to this

section upon a charge of driving a vehicle while his license was:

for an additional like period.

a license, permit or privilege to drive for an additional 1 year.

extend the period of ineligibility for a license, permit or privilege to drive

for an additional 1 year.

suspend his license for an additional 6 months for the first violation and an

additional 1 year for each subsequent violation.

run consecutively.

Sec. 18. NRS 483.908 is hereby amended to read as follows:

483.908 The department shall adopt regulations:

1. Providing for the issuance, expiration, renewal, suspension,

revocation and reinstatement of commercial drivers' licenses;

2. Providing the same exemptions allowed pursuant to federal

regulations for farmers, fire fighters, military personnel or any other class

of operators or vehicles for which exemptions are authorized by federal law

or regulations; 3. Specifying the violations which constitute grounds for

disqualification from driving a commercial motor vehicle and the penalties

associated with each violation;

4. Setting forth a schedule of various alcohol concentrations and the

penalties which must be imposed if those concentrations are detected in the

breath, blood, urine or other bodily substances of a person who is driving,

and

5. Necessary to enable it to carry out the provisions of NRS 483.900 to

483.940, inclusive.

The department shall not adopt regulations which are more restrictive than

the federal regulations adopted pursuant to the Commercial Motor Vehicle

Safety Act of 1986, 49 U.S.C. §§ 2701-2716.

Sec. 19. NRS 483.922 is hereby amended to read as follows:

483.922 1. Except as otherwise provided in NRS 484.383, a person

vehicle within this state shall be deemed to have given consent to an

evidentiary test of his blood, urine, breath or other bodily substance for the

purpose of determining the alcoholic content of his blood or breath or to

2. The tests must be administered pursuant to NRS 484.383 at the

motor vehicle while under the influence of intoxicating liquor or a

Sec. 20. Chapter 484 of NRS is hereby amended by adding thereto a

new section to read as follows:

Sec. 21. NRS 484.013 is hereby amended to read as follows:

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

Sec. 22. NRS 484.259 is hereby amended to read as follows:

other equipment while actually engaged in work upon the surface of a

or from such work.

Sec. 23. NRS 484.379 is hereby amended to read as follows:

484.379 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

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

(c) Is found by measurement within 2 hours after driving or being in

actual physical control of a vehicle to have 0.10 percent or more by weight

of alcohol in his blood,

to drive or be in actual physical control of a vehicle on a highway or on

premises to which the public has access.

organic solvent, or any compound or combination of any of these, to a

degree which renders him incapable of safely driving or exercising actual

to drive or be in actual physical control of a vehicle on a highway or on

premises to which the public has access. The fact that any person charged

with a violation of this subsection is or has been entitled to use that drug

under the laws of this state is not a defense against any charge of violating

this subsection.

an affirmative defense under paragraph (c) of subsection 1 that the

defendant consumed a sufficient quantity of alcohol after driving or being

in actual physical control of the vehicle, and before his blood was tested, to

cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant

who intends to offer this defense at a trial or preliminary hearing must, not

less than 14 days before the trial or hearing or at such other time as the

court may direct, file and serve on the prosecuting attorney a written notice

of that intent.

Sec. 24. NRS 484.3792 is hereby amended to read as follows:

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

(a) For the first offense within 7 years, is guilty of a misdemeanor.

Unless he is allowed to undergo treatment as provided in NRS 484.37937,

the court shall:

(1) Except as otherwise provided in subsection 6, order him to pay

tuition for an educational course on the abuse of alcohol and controlled

substances approved by the department and complete the course within the

time specified in the order, and the court shall notify the department if he

fails to complete the course within the specified time;

(2) Unless the sentence is reduced pursuant to NRS 484.37937,

sentence him to imprisonment for not less than 2 days nor more than 6

months in jail, or to perform 96 hours of work for the community while

dressed in distinctive garb that identifies him as having violated the

provisions of NRS 484.379; and

(3) Fine him not less than $200 nor more than $1,000.

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

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

(1) Shall sentence him to:

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

in jail; or (II) Residential confinement for not less than 10 days nor more

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

or 5.0755 to 5.078, inclusive;

(2) Shall fine him not less than $500 nor more than $1,000;

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

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

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

unless the court finds that extenuating circumstances exist; and

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

alcohol or drugs pursuant to the provisions of NRS 484.37945.

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

residential confinement or a program of treatment ordered pursuant to this

paragraph is guilty of a misdemeanor.

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

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

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

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

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

practicable, be segregated from offenders whose crimes were violent and,

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

security.

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

date of the principal offense or after the principal offense constitutes a prior

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

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

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

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

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

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

presented to the grand jury.

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

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

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

484.37937 and 484.3794, that portion of the sentence imposed that exceeds

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

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

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

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

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

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

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

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

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

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

after considering all the circumstances surrounding the offense, and the

family and employment of the offender, but any sentence of 30 days or lessmust be served within 6 months after the date of conviction or, if the

offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

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

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

less than 24 consecutive hours.

5. Jail sentences simultaneously imposed pursuant to this section and

NRS 483.560 or 485.330 must run consecutively.

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

a driver's license issued by a state other than the State of Nevada and does

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

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

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

completion of an educational course on the abuse of alcohol and controlled

substances approved by a governmental agency of the state of his residence

within the time specified in the order; or

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

the abuse of alcohol and controlled substances approved by the department

within the time specified in the order,

and the court shall notify the department if the person fails to complete the

assigned course within the specified time.

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

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

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

the defendant.

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

Sec. 25. NRS 484.37937 is hereby amended to read as follows:

484.37937 1. Except as otherwise provided in subsection 2, a person

who is found guilty of a first violation of NRS 484.379 may, at that time or

any time before he is sentenced, apply to the court to undergo a program of

treatment for alcoholism or drug abuse which is certified by the bureau of

alcohol and drug abuse of the rehabilitation division of the department of

employment, training and rehabilitation for at least 6 months. The court

shall authorize such treatment if:

(a) The person is diagnosed as an alcoholic or abuser of drugs by a:

(1) Counselor or other person certified to make that diagnosis by the

bureau of alcohol and drug abuse of the rehabilitation division of the

department of employment, training and rehabilitation; or (2) Physician certified to make that diagnosis by the board of medical

examiners;

(b) He agrees to pay the cost of the treatment to the extent of his

financial resources; and

(c) He has served or will serve a term of imprisonment in jail of 1 day,

or has performed or will perform 48 hours of work for the community.

2. A person may not apply to the court to undergo a program of

treatment pursuant to subsection 1 if, within the immediately preceding 7

years, he has been found guilty of:

(a) A violation of NRS 484.3795;

NRS 484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after receiving notice of

an application for treatment pursuant to this section, request a hearing on

the question of whether the offender is eligible to undergo a program of

treatment for alcoholism or drug abuse. The court shall order a hearing on

the application upon the request of the prosecuting attorney or may order a

hearing on its own motion. The hearing must be limited to the question of

whether the offender is eligible to undergo such a program of treatment.

5. At the hearing on the application for treatment, the prosecuting

attorney may present the court with any relevant evidence on the matter. If

a hearing is not held, the court shall decide the matter upon affidavits and

other information before the court.

6. If the court grants an application for treatment, the court shall:

(a) Immediately sentence the offender and enter judgment accordingly.

(b) Suspend the sentence of the offender for not more than 3 years upon

the condition that the offender be accepted for treatment by a treatment

facility, that he complete the treatment satisfactorily and that he comply

with any other condition ordered by the court.

(c) Advise the offender that:

(1) If he is accepted for treatment by such a facility, he may be placed

under the supervision of the facility for a period not to exceed 3 years and

during treatment he may be confined in an institution or, at the discretion of

the facility, released for treatment or supervised aftercare in the community.

(2) If he is not accepted for treatment by such a facility or he fails to

complete the treatment satisfactorily, he shall serve the sentence imposed

by the court. Any sentence of imprisonment must be reduced by a time

equal to that which he served before beginning treatment. (3) If he completes the treatment satisfactorily, his sentence will be

reduced to a term of imprisonment which is no longer than that provided

for the offense in paragraph (c) of subsection 1 and a fine of not more than

the minimum fine provided for the offense in NRS 484.3792, but the

conviction must remain on his record of criminal history.

7. The court shall administer the program of treatment pursuant to the

procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence, set aside the conviction or impose

this section.

(b) May immediately revoke the suspension of sentence for a violation

of any condition of the suspension.

8. The court shall notify the department, on a form approved by the

department, upon granting the application of the offender for treatment and

his failure to be accepted for or complete treatment.

Sec. 26. NRS 484.3794 is hereby amended to read as follows:

484.3794 1. Except as otherwise provided in subsection 2, a person

who is found guilty of a second violation of NRS 484.379 within 7 years

may, at that time or any time before he is sentenced, apply to the court to

undergo a program of treatment for alcoholism or drug abuse which is

certified by the bureau of alcohol and drug abuse of the rehabilitation

division of the department of employment, training and rehabilitation for at

least 1 year if:

(a) He is diagnosed as an alcoholic or abuser of drugs by a:

(1) Counselor or other person certified to make that diagnosis by the

bureau of alcohol and drug abuse of the rehabilitation division of the

department of employment, training and rehabilitation; or

(2) Physician certified to make that diagnosis by the board of medical

examiners;

(b) He agrees to pay the costs of the treatment to the extent of his

financial resources; and

(c) He has served or will serve a term of imprisonment in jail of 5 days,

and if required pursuant to NRS 484.3792, has performed or will perform

not less than 50 hours, but not more than 100 hours, of work for the

community.

2. A person may not apply to the court to undergo a program of

treatment pursuant to subsection 1 if, within the immediately preceding 7

years, he has been found guilty of:

(a) A violation of NRS 484.3795;

NRS 484.379 constitutes a violation of NRS 484.379.

4. A prosecuting attorney may, within 10 days after receiving notice of

an application for treatment pursuant to this section, request a hearing on

the matter. The court shall order a hearing on the application upon the

request of the prosecuting attorney or may order a hearing on its own

motion.

5. At the hearing on the application for treatment, the prosecuting

attorney may present the court with any relevant evidence on the matter. If

a hearing is not held, the court shall decide the matter upon affidavits and

other information before the court.

6. If the court determines that an application for treatment should be

granted, the court shall:

(a) Immediately sentence the offender and enter judgment accordingly.

(b) Suspend the sentence of the offender for not more than 3 years upon

the condition that the offender be accepted for treatment by a treatment

facility, that he complete the treatment satisfactorily and that he comply

with any other condition ordered by the court.

(c) Advise the offender that:

(1) If he is accepted for treatment by such a facility, he may be placed

under the supervision of the facility for a period not to exceed 3 years and

during treatment he may be confined in an institution or, at the discretion of

the facility, released for treatment or supervised aftercare in the community.

(2) If he is not accepted for treatment by such a facility or he fails to

complete the treatment satisfactorily, he shall serve the sentence imposed

by the court. Any sentence of imprisonment must be reduced by a time

equal to that which he served before beginning treatment.

(3) If he completes the treatment satisfactorily, his sentence will be

reduced to a term of imprisonment which is no longer than that provided

for the offense in paragraph (c) of subsection 1 and a fine of not more than

the minimum provided for the offense in NRS 484.3792, but the conviction

must remain on his record of criminal history.

7. The court shall administer the program of treatment pursuant to the

procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence, set aside the conviction or impose

this section.

(b) May immediately revoke the suspension of sentence for a violation

of a condition of the suspension.

8. The court shall notify the department, on a form approved by the

department, upon granting the application of the offender for treatment and

his failure to be accepted for or complete treatment.

Sec. 27. NRS 484.37945 is hereby amended to read as follows:

484.37945 1. When a program of treatment is ordered pursuant to

paragraph (b) of subsection 1 of NRS 484.3792, the court shall place theoffender under the clinical supervision of a treatment facility for treatment

for not less than 30 days nor more than 6 months, in accordance with the

report submitted to the court pursuant to subsection 3, 4 or 5 of NRS

484.37943. The court may:

(a) Order the offender confined in a treatment facility, then release the

offender for supervised aftercare in the community; or

(b) Release the offender for treatment in the community,

for the period of supervision ordered by the court.

2. The court shall:

(a) Require the treatment facility to submit monthly progress reports on

the treatment of an offender pursuant to this section; and

(b) Order the offender, to the extent of his financial resources, to pay

any charges for his treatment pursuant to this section. If the offender does

shall, to the extent possible, arrange for the offender to obtain his treatment

from a treatment facility that receives a sufficient amount of federal or state

money to offset the remainder of the charges.

3. A treatment facility is not liable for any damages to person or

after the treatment facility has certified to his successful completion of a

program of treatment ordered pursuant to paragraph (b) of subsection 1 of

NRS 484.3792.

Sec. 28. NRS 484.3795 is hereby amended to read as follows:

484.3795 1. A person who:

(a) Is under the influence of intoxicating liquor;

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

(c) Is found by measurement within 2 hours after driving or being in

actual physical control of a vehicle to have 0.10 percent or more by weight

of alcohol in his blood;

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or

organic solvent, or any compound or combination of any of these, to a

degree which renders him incapable of safely driving or exercising actual

actual physical control of any vehicle on or off the highways of this state, if

the act or neglect of duty proximately causes the death of, or substantial

bodily harm to, a person other than himself, is guilty of a category B felony

and shall be punished by imprisonment in the state prison for a minimum

term of not less than 2 years and a maximum term of not more than 20

years and must be further punished by a fine of not less than $2,000 nor

more than $5,000. A person so imprisoned must, insofar as practicable, be

segregated from offenders whose crimes were violent and, insofar as

practicable, be assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge of violating the

provisions of subsection 1 in exchange for a plea of guilty, guilty but

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

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

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

pursuant to subsection 1 may not be suspended nor may probation be

granted.

3. If consumption is proven by a preponderance of the evidence, it is

an affirmative defense under paragraph (c) of subsection 1 that the

defendant consumed a sufficient quantity of alcohol after driving or being

in actual physical control of the vehicle, and before his blood was tested, to

cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant

who intends to offer this defense at a trial or preliminary hearing must, not

less than 14 days before the trial or hearing or at such other time as the

court may direct, file and serve on the prosecuting attorney a written notice

of that intent.

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

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

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

the defendant.

Sec. 29. NRS 484.3797 is hereby amended to read as follows:

484.3797 1. The judge or judges in each judicial district shall cause

the preparation and maintenance of a list of the panels of persons who:

(a) Have been injured or had members of their families or close friends

(b) Have, by contacting the judge or judges in the district, expressed

their willingness to discuss collectively the personal effect of those

crimes.

The list must include the name and telephone number of the person to be

contacted regarding each such panel and a schedule of times and locations

of the meetings of each such panel. The judge or judges shall establish, in

cooperation with representatives of the members of the panels, a fee, if any,to be paid by defendants who are ordered to attend a meeting of the panel.

The amount of the fee, if any, must be reasonable. The panel may not be

operated for profit.

2. Except as otherwise provided in this subsection, if a defendant

pleads guilty or guilty but mentally ill to, or is found guilty of, any violation

of NRS 484.379 or 484.3795, the court shall, in addition to imposing any

other penalties provided by law, order the defendant to:

(a) Attend, at the defendant's expense, a meeting of a panel of persons

who have been injured or had members of their families or close friends

(b) Pay the fee, if any, established by the court pursuant to subsection

1.

The court may, but is not required to, order the defendant to attend such a

meeting if one is not available within 60 miles of the defendant's residence.

3. A person ordered to attend a meeting pursuant to subsection 2 shall,

after attending the meeting, present evidence or other documentation

satisfactory to the court that he attended the meeting and remained for its

entirety.

Sec. 30. NRS 484.382 is hereby amended to read as follows:

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

a vehicle on a highway or on premises to which the public has access shall

when the test is administered at the direction of a police officer at the scene

of a vehicle accident or collision or where he stops a vehicle, if the officer

2. If the person fails to submit to the test, the officer shall seize his

license or permit to drive as provided in NRS 484.385 and arrest him and

take him to a convenient place for the administration of a reasonably

available evidentiary test under NRS 484.383.

3. The result of the preliminary test must not be used in any criminal

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

Sec. 31. NRS 484.383 is hereby amended to read as follows:

484.383 1. Except as otherwise provided in subsections 3 and 4, any

person who drives or is in actual physical control of a vehicle on a highway

or on premises to which the public has access shall be deemed to havegiven his consent to an evidentiary test of his blood, urine, breath or other

the direction of a police officer having reasonable grounds to believe that

2. If the person to be tested pursuant to subsection 1 is dead or

unconscious, the officer shall direct that samples of blood from the person

be tested.

3. Any person who is afflicted with hemophilia or with a heart

condition requiring the use of an anticoagulant as determined by a

physician is exempt from any blood test which may be required pursuant to

this section but must, when appropriate pursuant to the provisions of this

section, be required to submit to a breath or urine test.

4. If the alcoholic content of the blood or breath of the person to be

tested is in issue:

(a) Except as otherwise provided in this section, the person may refuse

to submit to a blood test if means are reasonably available to perform a

breath test.

(b) The person may request a blood test, but if means are reasonably

available to perform a breath test when the blood test is requested, and the

person is subsequently convicted, he must pay for the cost of the blood test,

including the fees and expenses of witnesses in court.

that the person:

(1) Caused death or substantial bodily harm to another person as a

result of driving or being in actual physical control of a vehicle while under

(2) Has been convicted within the previous 7 years of:

(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

prohibits the same or similar conduct; or

(II) Any other offense in this state or another jurisdiction in which

person is in issue, the officer may direct him to submit to a blood or urine

test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and 5, a police officer

shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to a required test as directed

by a police officer pursuant to this section and the officer has reasonable

the officer may direct that reasonable force be used to the extent necessary

to obtain samples of blood from the person to be tested. Not more than

three such samples may be taken during the 5-hour period immediately

following the time of the initial arrest. In such a circumstance, the officer is

not required to provide the person with a choice of tests for determining the

8. If a person who is less than 18 years of age is directed to submit to

an evidentiary test pursuant to this section, the officer shall, before testing

the person, make a reasonable attempt to notify the parent, guardian or

custodian of the person, if known.

Sec. 32. NRS 484.385 is hereby amended to read as follows:

484.385 1. As agent for the department, the officer who obtained the

result of a test given pursuant to NRS 484.382 or 484.383 shall

immediately serve an order of revocation of the license, permit or privilege

to drive on a person who has 0.10 percent or more by weight of alcohol in

license or permit to drive. The officer shall then advise him of his right to

administrative and judicial review of the revocation and to have a

temporary license, and shall issue him a temporary license on a form

approved by the department if he requests one, which is effective for only 7

days including the date of issuance. The officer shall immediately transmit

the person's license or permit to the department along with the written

certificate required by subsection 2.

2. When a police officer has served an order of revocation of a driver's

license, permit or privilege on a person pursuant to subsection 1, or later

receives the result of an evidentiary test which indicates that a person, not

then present, had 0.10 percent or more by weight of alcohol in his blood or

to the department, together with the seized license or permit and a copy of

the result of the test, a written certificate that he had reasonable grounds tobelieve that the person had been driving or in actual physical control of a

vehicle with 0.10 percent or more by weight of alcohol in his blood or with

indicate whether the officer served an order of revocation on the person and

whether he issued the person a temporary license.

3. The department, upon receipt of such a certificate for which an order

of revocation has not been served, after examining the certificate and copy

of the result of the chemical test, if any, and finding that revocation is

proper, shall issue an order revoking the person's license, permit or

privilege to drive by mailing the order to the person at his last known

address. The order must indicate the grounds for the revocation and the

period during which the person is not eligible for a license, permit or

privilege to drive and state that the person has a right to administrative and

judicial review of the revocation and to have a temporary license. The order

of revocation becomes effective 5 days after mailing.

4. Notice of an order of revocation and notice of the affirmation of a

prior order of revocation or the cancellation of a temporary license

provided in NRS 484.387 is sufficient if it is mailed to the person's last

known address as shown by any application for a license. The date of

mailing may be proved by the certificate of any officer or employee of the

department, specifying the time of mailing the notice. The notice is

presumed to have been received upon the expiration of 5 days after it is

deposited, postage prepaid, in the United States mail.

Sec. 33. NRS 484.387 is hereby amended to read as follows:

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

permit or privilege to drive following an order of revocation issued

pursuant to NRS 484.385, he may request in writing a hearing by the

department to review the order of revocation, but he is only entitled to one

hearing. The hearing must be conducted within 15 days after receipt of the

request, or as soon thereafter as is practicable, in the county where the

requester resides unless the parties agree otherwise. The director or his

agent may issue subpoenas for the attendance of witnesses and the

production of relevant books and papers and may require a reexamination

of the requester. The department shall issue an additional temporary license

for a period which is sufficient to complete the administrative review.

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

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

this issue, the department shall affirm the order of revocation. Otherwise,

the order of revocation must be rescinded.

3. If, after the hearing, the order of revocation is affirmed, the person

whose license, privilege or permit has been revoked is entitled to a review

of the same issues in district court in the same manner as provided by

chapter 233B of NRS. The court shall notify the department upon the

issuance of a stay and the department shall issue an additional temporary

license for a period which is sufficient to complete the review.

4. If a hearing officer grants a continuance of a hearing at the request

of the person whose license was revoked, or a court does so after issuing a

stay of the revocation, the officer or court shall notify the department, and

the department shall cancel the temporary license and notify the holder by

mailing the order of cancellation to his last known address.

Sec. 34. NRS 484.3888 is hereby amended to read as follows:

484.3888 1. The committee on testing for intoxication may adopt

regulations that require:

(a) The calibration of devices which are used to test a person's blood or

urine to determine the amount of alcohol or the presence of a controlled

(b) The certification of persons who make those calibrations;

(c) The certification of persons who operate devices for testing a

person's blood or urine to determine the amount of alcohol or presence of a

or urine; and

(d) The certification of persons who examine those operators

. 2. The committee may adopt regulations that prescribe the essential

procedures for the proper operation of the various types of devices used to

test a person's blood or urine to determine the amount of alcohol or the

person's blood or urine.

Sec. 35. NRS 484.389 is hereby amended to read as follows:

484.389 1. If a person refuses to submit to a required chemical test

provided for in NRS 484.382 or 484.383, evidence of that refusal is

admissible in any criminal or administrative action arising out of acts

2. Except as otherwise provided in subsection 3 of NRS 484.382, a

court or hearing officer may not exclude evidence of a required test or

failure to submit to such a test if the police officer or other person

substantially complied with the provisions of NRS 484.382 to 484.393,

inclusive.

3. If a person submits to a chemical test provided for in NRS 484.382

or 484.383, full information concerning that test must be made available,

upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in a criminal or

administrative proceeding unless it is shown by documentary or other

evidence that the law enforcement agency calibrated the breath-testing

device and otherwise maintained it as required by the regulations of the

committee on testing for intoxication.

Sec. 36. NRS 484.391 is hereby amended to read as follows:

his request and at his expense, reasonable opportunity to have a qualified

submit to a test or relating to a test taken upon the request of a police

officer.

3. A test obtained under the provisions of this section may not be

substituted for or stand in lieu of the test required by NRS 484.383.

Sec. 37. NRS 484.393 is hereby amended to read as follows:

484.393 1. The results of any blood test administered under the

provisions of NRS 484.383 or 484.391 are not admissible in any hearing or

(a) The blood tested was withdrawn by a physician, physician's

assistant, registered nurse, licensed practical nurse, emergency medical

technician or a technician, technologist or assistant employed in a medical

laboratory;

(b) The test was performed on whole blood, except if the sample was

clotted when it was received by the laboratory, the test may be performed

on blood serum or plasma; and

(c) The person who withdrew the blood was authorized to do so by the

appropriate medical licensing or certifying agency.

2. The limitation contained in paragraph (a) of subsection 1 does not

apply to the taking of a chemical test of the urine, breath or other bodily

substance.

3. No person listed in paragraph (a) of subsection 1 incurs any civil or

criminal liability as a result of the administering of a blood test when

requested by a police officer or the person to be tested to administer the

test.

Sec. 38. NRS 484.791 is hereby amended to read as follows:

484.791 1. Any peace officer may, without a warrant, arrest a person

if the officer has reasonable cause for believing that the person has

committed any of the following offenses:

(a) Homicide by vehicle;

(d) Failure to stop, give information or render reasonable assistance in

(e) Failure to stop or give information in the event of an accident

resulting in damage to a vehicle or to other property legally upon or

(f) Reckless driving;

(g) Driving a motor vehicle on a highway or on premises to which the

public has access at a time when his driver's license has been canceled,

revoked or suspended; or

(h) Driving a motor vehicle in any manner in violation of the restrictions

imposed in a restricted license issued to him pursuant to NRS 483.490.

must be taken without unnecessary delay before the proper magistrate as

specified in NRS 484.803, except that in the case of either of the offenses

designated in paragraphs (e) and (f) a peace officer has the same discretion

as is provided in other cases in NRS 484.795.

Sec. 39. NRS 488.035 is hereby amended to read as follows:

488.035 As used in this chapter, unless the context otherwise requires:

1. "Commission" means the board of wildlife commissioners.

2. "Flat wake" means the condition of the water close astern a moving

vessel that results in a flat wave disturbance.

3. "Legal owner" means a secured party under a security agreement

relating to a vessel or a renter or lessor of a vessel to the state or any

political subdivision of the state under a lease or an agreement to lease and

sell or to rent and purchase which grants possession of the vessel to the

lessee for a period of 30 consecutive days or more.

4. "Motorboat" means any vessel propelled by machinery, whether or

not the machinery is the principal source of propulsion.

5. "Operate" means to navigate or otherwise use a motorboat or a

vessel.

6. "Owner" means:

(a) A person having all the incidents of ownership, including the legal

title of a vessel, whether or not he lends, rents or pledges the vessel; and

(b) A debtor under a security agreement relating to a vessel.

"Owner" does not include a person defined as a "legal owner" under

subsection 3.

as the owner of a vessel.

propelled, and is not aground, made fast to the shore, or tied or made fast to

a dock or mooring.

seaplane on the water, used or capable of being used as a means of

limits of this state.

Sec. 40. NRS 488.410 is hereby amended to read as follows:

488.410 1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

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

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

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

of alcohol in his blood,

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

the waters of this state.

2. It is unlawful for any person who:

(b) Is under the combined influence of intoxicating liquor and a

controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any chemical, poison or

organic solvent, or any compound or combination of any of these, to a

degree which renders him incapable of safely operating or exercising actual

physical control of a vessel under power or sail,

power or sail on the waters of this state.

an affirmative defense under paragraph (c) of subsection 1 that the

defendant consumed a sufficient quantity of alcohol after operating or

being in actual physical control of the vessel, and before his blood wastested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A

defendant who intends to offer this defense at a trial or preliminary hearing

must, not less than 14 days before the trial or hearing or at such other time

as the court may direct, file and serve on the prosecuting attorney a written

notice of that intent.

Sec. 41. NRS 488.420 is hereby amended to read as follows:

488.420 1. A person who:

(a) Is under the influence of intoxicating liquor;

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

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

actual physical control of a vessel under power or sail to have 0.10 percent

or more by weight of alcohol in his blood;

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or

organic solvent, or any compound or combination of any of these, to a

degree which renders him incapable of safely operating or being in actual

and does any act or neglects any duty imposed by law while operating or

being in actual physical control of any vessel under power or sail, if the act

or neglect of duty proximately causes the death of, or substantial bodily

harm to, a person other than himself, is guilty of a category B felony and

shall be punished by imprisonment in the state prison for a minimum term

of not less than 2 years and a maximum term of not more than 20 years and

shall be further punished by a fine of not less than $2,000 nor more than

$5,000. A person so imprisoned must, insofar as practicable, be segregated

from offenders whose crimes were violent and, insofar as practicable, be

assigned to an institution or facility of minimum security.

2. A prosecuting attorney shall not dismiss a charge of violating the

provisions of subsection 1 in exchange for a plea of guilty, guilty but

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

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

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

pursuant to subsection 1 must not be suspended, and probation must not be

granted.

3. If consumption is proven by a preponderance of the evidence, it is

an affirmative defense under paragraph (c) of subsection 1 that the

defendant consumed a sufficient quantity of alcohol after operating or

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

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

exceed 0.10 percent. A defendant who intends to offer this defense at a trial

or preliminary hearing must, not less than 14 days before the trial orhearing or at such other time as the court may direct, file and serve on the

prosecuting attorney a written notice of that intent.

4. If a person less than 15 years of age was in the vessel at the time of

the defendant's violation, the court shall consider that fact as an

aggravating factor in determining the sentence of the defendant.

Sec. 42. NRS 488.450 is hereby amended to read as follows:

488.450 1. Any person who operates or is in actual physical control

of a vessel under power or sail on the waters of this state shall be deemed to

have given his consent to a preliminary test of his breath to determine the

alcoholic content of his breath when the test is administered at the direction

of a peace officer after a vessel accident or collision or where an officer

stops a vessel, if the officer has reasonable grounds to believe that the

sail while under the influence of intoxicating liquor or a controlled

2. If the person fails to submit to the test, the officer shall arrest him

and take him to a convenient place for the administration of a reasonably

available evidentiary test under NRS 488.460.

3. The result of the preliminary test must not be used in any criminal

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

Sec. 43. NRS 488.460 is hereby amended to read as follows:

488.460 1. Except as otherwise provided in subsections 3 and 4, a

person who operates or is in actual physical control of a vessel under power

or sail on the waters of this state shall be deemed to have given his consent

to an evidentiary test of his blood, urine, breath or other bodily substance

direction of a peace officer having reasonable grounds to believe that the

sail while under the influence of intoxicating liquor or a controlled

2. If the person to be tested pursuant to subsection 1 is dead or

unconscious, the officer shall direct that samples of blood from the person

be tested.

3. Any person who is afflicted with hemophilia or with a heart

condition requiring the use of an anticoagulant as determined by a

physician is exempt from any blood test which may be required pursuant tothis section, but must, when appropriate pursuant to the provisions of this

section, be required to submit to a breath or urine test.

4. If the alcoholic content of the blood or breath of the person to be

tested is in issue:

(a) Except as otherwise provided in this section, the person may refuse

to submit to a blood test if means are reasonably available to perform a

breath test.

(b) The person may request a blood test, but if means are reasonably

available to perform a breath test when the blood test is requested, and the

person is subsequently convicted, he must pay for the cost of the blood test,

including the fees and expenses of witnesses in court.

the person:

(1) Caused death or substantial bodily harm to another person as a

result of operating or being in actual physical control of a vessel under

power or sail while under the influence of intoxicating liquor or a

(2) Has been convicted within the previous 7 years of:

(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

prohibits the same or similar conduct; or

(II) Any other offense in this state or another jurisdiction in which

person is in issue, the officer may direct him to submit to a blood or urine

test, or both, in addition to the breath test.

6. Except as otherwise provided in subsections 3 and 5, a peace officer

shall not direct a person to submit to a urine test.

7. If a person to be tested fails to submit to a required test as directed

by a peace officer pursuant to this section and the officer has reasonable

sail while under the influence of intoxicating liquor or a controlled

the officer may direct that reasonable force be used to the extent necessary

to obtain samples of blood from the person to be tested. Not more than

three such samples may be taken during the 5-hour period immediatelyfollowing the time of the initial arrest. In such a circumstance, the officer is

not required to provide the person with a choice of tests for determining the

Sec. 44. NRS 488.480 is hereby amended to read as follows:

488.480 1. If a person refuses to submit to a required chemical test

admissible in any criminal action arising out of acts alleged to have been

sail while under the influence of intoxicating liquor or a controlled

such a test if the peace officer or other person substantially complied with

upon his request, to him or his attorney.

4. Evidence of a required test is not admissible in a criminal

proceeding unless it is shown by documentary or other evidence that the

device for testing breath was certified, calibrated, maintained and operated

as provided by the regulations of the committee on testing for intoxication

adopted pursuant to NRS 484.3882, 484.3884, 484.3886 or 484.3888.

5. If the device for testing breath has been certified by the committee

on testing for intoxication to be accurate and reliable pursuant to subsection

1 of NRS 484.3882, it is presumed that, as designed and manufactured, the

device is accurate and reliable for the purpose of testing a person's breath

to determine the percent by weight of alcohol in the person's breath.

6. A court shall take judicial notice of the certification by the director

of a person to operate testing devices of one of the certified types. If a test

to determine the amount of alcohol in a person's breath has been performed

with a certified type of device by a person who is certified pursuant to NRS

484.3886 or 484.3888, it is presumed that the person operated the device

properly.

7. This section does not preclude the admission of evidence of a test of

a person's breath where the:

(a) Information is obtained through the use of a device other than one of

a type certified by the committee on testing for intoxication.

(b) Test has been performed by a person other than one who is certified

by the director.

Sec. 45. NRS 488.490 is hereby amended to read as follows:

must be permitted, upon his request and at his expense, reasonable

opportunity to have a qualified person of his own choosing administer a

2. The failure or inability to obtain such a test does not preclude the

admission of evidence relating to the refusal to submit to a test or relating

to a test taken upon the request of a peace officer.

3. A test obtained under the provisions of this section may not be

substituted for or stand in lieu of the test required by NRS 488.460.

Sec. 46. NRS 488.500 is hereby amended to read as follows:

488.500 1. The results of any blood test administered under the

(a) The blood tested was withdrawn by a physician, registered nurse,

licensed practical nurse, emergency medical technician or a technician,

technologist or assistant employed in a medical laboratory;

(b) The test was performed on whole blood, except if the sample was

clotted when it was received by the laboratory, the test may be performed

on blood serum or plasma; and

(c) The person who withdrew the blood was authorized to do so by the

appropriate licensing or certifying agency.

2. The limitation contained in paragraph (a) of subsection 1 does not

apply to the taking of a chemical test of the urine, breath or other bodily

substance.

3. No person listed in paragraph (a) of subsection 1 incurs any civil or

criminal liability as a result of the administering of a blood test when

requested by a peace officer or the person to be tested to administer the

test.

Sec. 47. NRS 629.065 is hereby amended to read as follows:

629.065 1. Each provider of health care shall, upon request, make

available to a law enforcement agent or district attorney the health care

records of a patient which relate to a test of his blood, breath or urine if:

NRS 488.410 or 488.420; and

(b) The records would aid in the related investigation.

To the extent possible, the provider of health care shall limit the inspection

to the portions of the records which pertain to the presence of alcohol or a

2. The records must be made available at a place within the depository

convenient for physical inspection. Inspection must be permitted at all

reasonable office hours and for a reasonable length of time. The provider of

3. Records made available pursuant to this section may be presented as

patient.

immune from any civil action for any disclosures made in accordance with

the provisions of this section or any consequential damages.

Sec. 48. NRS 690B.029 is hereby amended to read as follows:

690B.029 1. A policy of insurance against liability arising out of the

ownership, maintenance or use of a motor vehicle delivered or issued for

delivery in this state to a person who is 55 years of age or older must

contain a provision for the reduction in the premiums for 3-year periods if

the insured:

(a) Successfully completes, after attaining 55 years of age and every 3

years thereafter, a course of traffic safety approved by the department of

motor vehicles and public safety; and

(b) For the 3-year period before completing the course of traffic safety

and each 3-year period thereafter:

(1) Is not involved in an accident involving a motor vehicle for which

the insured is at fault;

(2) Maintains a driving record free of violations; and

(3) Has not been convicted of or entered a plea of guilty, guilty but

mentally ill or nolo contendere to a moving traffic violation or an offense

2. The reduction in the premiums provided for in subsection 1 must be

based on the actuarial and loss experience data available to each insurer

and must be approved by the commissioner. Each reduction must be

calculated based on the amount of the premium before any reduction in thatpremium is made pursuant to this section, and not on the amount of the

premium once it has been reduced.

3. A course of traffic safety that an insured is required to complete as

the result of moving traffic violations must not be used as the basis for a

reduction in premiums pursuant to this section.

4. The organization that offers a course of traffic safety approved by

the department of motor vehicles and public safety shall issue a certificate

to each person who successfully completes the course. A person must use

the certificate to qualify for the reduction in the premiums pursuant to this

section.

5. The commissioner shall review and approve or disapprove a policy

of insurance that offers a reduction in the premiums pursuant to subsection

1. An insurer must receive written approval from the commissioner before

delivering or issuing a policy with a provision containing such a reduction.

Sec. 49. NRS 706.8841 is hereby amended to read as follows:

706.8841 1. The administrator shall issue a driver's permit to

qualified persons who wish to be employed by certificate holders as taxicab

drivers. Before issuing a driver's permit, the administrator shall:

(a) Require the applicant to submit a set of his fingerprints, which must

be forwarded to the Federal Bureau of Investigation to ascertain whether

the applicant has a criminal record and the nature of any such record, and

shall further investigate the applicant's background; and

(b) Require proof that the applicant:

(1) Has been a resident of the state for 30 days before his application

for a permit;

(2) Can read and orally communicate in the English language; and

(3) Has a valid license issued under NRS 483.325 which authorizes

him to drive a taxicab in this state.

2. The administrator may refuse to issue a driver's permit if the

applicant has been convicted of:

before the date of the application.

3. The administrator may refuse to issue a driver's permit if the

administrator, after the background investigation of the applicant,

determines that the applicant is morally unfit or if the issuance of the

driver's permit would be detrimental to public health, welfare or safety.

4. A taxicab driver shall pay to the administrator, in advance, $20 for

an original driver's permit and $5 for a renewal. Sec. 50. Section 1 of Assembly Bill No. 23 of this session is hereby

amended to read as follows:

Sec. 51. Section 2 of Assembly Bill No. 620 of this session is hereby

amended to read as follows:

Sec. 52. Section 2 of Assembly Bill No. 678 of this session is hereby

amended to read as follows:

Sec. 53. The amendatory provisions of this act do not apply to

offenses committed before the effective date of this act.

Sec. 54. This act becomes effective upon passage and approval.

~