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 50.315 is hereby amended to read as follows:

1-2 50.315 1. Except as otherwise provided in subsections 6 and 7, the

1-16 been used in calibrating a device for testing another’s breath to determine

2-1 the amount of alcohol in his breath is admissible in evidence in any

2-2 criminal or administrative proceeding to prove:

2-3 (a) The occupation of the affiant or declarant; and

2-4 (b) That the solution or gas has the chemical composition necessary for

2-5 accurately calibrating it.

2-6 3. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-7 declaration of a person who calibrates a device for testing another’s breath

2-8 to determine the amount of alcohol in his breath is admissible in evidence

2-9 in any criminal or administrative proceeding to prove:

2-10 (a) The occupation of the affiant or declarant;

2-11 (b) That on a specified date the affiant or declarant calibrated the device

2-12 at a named law enforcement agency by using the procedures and equipment

2-13 prescribed in the regulations of the committee on testing for intoxication;

2-14 (c) That the calibration was performed within the period required by the

2-15 committee’s regulations; and

2-16 (d) Upon completing the calibration of the device, it was operating

2-17 properly.

2-18 4. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-19 declaration made under the penalty of perjury of a person who withdraws a

2-20 sample of blood from another for analysis by an expert as set forth in NRS

2-21 50.320 is admissible in any criminal or administrative proceeding to prove:

2-22 (a) The occupation of the affiant or declarant;

2-23 (b) The identity of the person from whom the affiant or declarant

2-24 withdrew the sample;

2-25 (c) The fact that the affiant or declarant kept the sample in his sole

2-26 custody or control and in substantially the same condition as when he first

2-27 obtained it until delivering it to another; and

2-28 (d) The identity of the person to whom the affiant or declarant delivered

2-29 it.

2-30 5. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-31 declaration of a person who receives from another a sample of blood or

2-32 urine , a bodily substance or other tangible evidence that is alleged to

2-33 contain alcohol or a controlled substance, chemical, poison or organic

2-34 solvent may be admitted in any criminal, civil or administrative proceeding

2-35 to prove:

2-36 (a) The occupation of the affiant or declarant;

2-37 (b) The fact that the affiant or declarant received a sample or other

2-38 evidence from another person and kept it in his sole custody or control in

2-39 substantially the same condition as when he first received it until delivering

2-40 it to another; and

2-41 (c) The identity of the person to whom the affiant or declarant delivered

2-42 it.

2-43 6. If, at or before the time of the trial, the defendant establishes that:

3-1 (a) There is a substantial and bona fide dispute regarding the facts in the

3-2 affidavit or declaration; and

3-3 (b) It is in the best interests of justice that the witness who signed the

3-4 affidavit or declaration be cross-examined,

3-5 the court may order the prosecution to produce the witness and may

3-6 continue the trial for any time the court deems reasonably necessary to

3-7 receive such testimony. The time within which a trial is required is

3-8 extended by the time of the continuance.

3-9 7. During any trial in which the defendant has been accused of

3-10 committing a felony, the defendant may object in writing to admitting into

3-11 evidence an affidavit or declaration described in this section. If the

3-12 defendant makes such an objection, the court shall not admit the affidavit or

3-13 declaration into evidence and the prosecution may cause the person to

3-14 testify in court to any information contained in the affidavit or declaration.

3-15 8. The committee on testing for intoxication shall adopt regulations

3-16 prescribing the form of the affidavits and declarations described in this

3-17 section.

3-18 Sec. 2. NRS 50.320 is hereby amended to read as follows:

3-19 50.320 1. The affidavit or declaration of a chemist and any other

3-43 section.

4-1 Sec. 3. NRS 50.325 is hereby amended to read as follows:

4-2 50.325 1. If a person is charged with an offense [punishable pursuant

4-28 producing any witness to offer testimony at trial.

4-29 4. The provisions of this section apply to any of the following

4-30 offenses:

4-31 (a) An offense punishable pursuant to NRS 202.257, 455A.170,

4-32 455B.080, 493.130 or 639.283.

4-33 (b) An offense punishable pursuant to chapter 453, 484 or 488 of

4-34 NRS.

4-35 (c) A homicide resulting from driving, operating or being in actual

4-36 physical control of a vehicle or a vessel under power or sail while under

4-37 the influence of intoxicating liquor or a controlled substance or resulting

4-38 from any other conduct prohibited by NRS 484.379, 484.3795, subsection

4-39 2 of NRS 488.400, NRS 488.410 or 488.420.

4-40 (d) Any other offense for which it is necessary to prove, as an element

4-41 of the offense:

4-42 (1) The existence of any alcohol;

4-43 (2) The quantity of a controlled substance; or

5-1 (3) The existence or identity of a controlled substance, chemical,

5-2 poison or organic solvent.

5-3 Sec. 4. NRS 62.020 is hereby amended to read as follows:

5-4 62.020 As used in this chapter, unless the context otherwise requires:

5-5 1. Except as otherwise provided in this subsection, "child" means a

5-6 person who is:

5-7 (a) Less than 18 years of age; or

5-8 (b) Less than 21 years of age and subject to the jurisdiction of the

5-9 juvenile court for an act of delinquency that was committed before the

5-10 person reached 18 years of age.

5-11 The term does not include a person who is excluded from the jurisdiction of

5-12 the juvenile court pursuant to NRS 62.040 or a person who is certified for

5-13 criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.

5-14 2. "Court" means the juvenile division of the district court.

5-15 3. "Indian child" has the meaning ascribed to it in 25 U.S.C. § 1903.

5-16 4. "Indian Child Welfare Act" means the Indian Child Welfare Act of

5-17 1978 , [(] 25 U.S.C. §§ 1901 et seq. [).]

5-18 5. "Judge" means the judge of the juvenile division of the district court.

5-19 6. "Juvenile court" or "juvenile division" means:

5-20 (a) In any judicial district that includes a county whose population is

5-21 100,000 or more, the family division of the district court; or

5-22 (b) In any other judicial district, the juvenile division of the district

5-23 court.

5-24 7. "Minor traffic offense" means a violation of any state or local law,

5-25 ordinance or resolution governing the operation of a motor vehicle upon

5-26 any street, alley or highway within this state other than:

5-27 (a) A violation of chapter 484 or 706 of NRS that causes the death of a

5-28 person;

5-29 (b) [Driving a motor vehicle while under the influence of intoxicating

5-30 liquor, a controlled substance or a drug in] A violation of NRS 484.379; or

5-31 (c) Any traffic offense declared to be a felony.

5-32 Sec. 5. NRS 62.227 is hereby amended to read as follows:

5-33 62.227 1. If a child who is less than 18 years of age is found by the

5-34 juvenile court to have committed [the] an unlawful act [of driving under the

5-35 influence of intoxicating liquor or a controlled substance] in violation of

5-36 NRS 484.379 or 484.3795, the judge, or his authorized representative,

5-37 shall, if the child possesses a driver’s license, issue an order revoking the

5-38 driver’s license of that child for 90 days. If such an order is issued, the

5-39 judge shall require the child to surrender to the court all driver’s licenses

5-40 then held by the child. The court shall, within 5 days after issuing the order,

5-41 forward to the department of motor vehicles and public safety the licenses

5-42 and a copy of the order.

6-1 2. The judge shall require the child to submit to the tests and other

6-2 requirements which are adopted by regulation pursuant to subsection 1 of

6-3 NRS 483.495 as a condition of reinstatement of the driver’s license of the

6-4 child.

6-5 3. If the child is found to have committed a subsequent unlawful act as

6-6 set forth in subsection 1, the court shall order an additional period of

6-7 revocation to apply consecutively with the previous order.

6-8 4. The judge may authorize the department to issue a restricted driver’s

6-9 license pursuant to NRS 483.490 to a child whose driver’s license is

6-10 revoked pursuant to this section.

6-11 Sec. 6. NRS 62.2275 is hereby amended to read as follows:

6-12 62.2275 1. If a child within the jurisdiction of the juvenile court is

6-13 found by the juvenile court to have committed [the] :

6-14 (a) An unlawful act [of:

6-15 (a) Driving under the influence of intoxicating liquor or a controlled

6-16 substance] in violation of NRS 484.379 or 484.3795;

6-17 (b) [Using,] The unlawful act of using, possessing, selling or

6-18 distributing a controlled substance; or

6-19 (c) [Purchasing,] The unlawful act of purchasing, consuming or

6-20 possessing an alcoholic beverage in violation of NRS 202.020,

6-21 the judge, or his authorized representative, shall require the child to

6-22 undergo an evaluation to determine if the child is an abuser of alcohol or

6-23 other drugs.

6-24 2. The evaluation of a child pursuant to this section:

6-25 (a) Must be conducted by:

6-26 (1) A counselor certified to make that classification by the bureau of

6-27 alcohol and drug abuse;

6-28 (2) A physician certified to make that classification by the board of

6-29 medical examiners; or

6-30 (3) A person who is approved to make that classification by the

6-31 bureau of alcohol and drug abuse,

6-32 who shall report to the judge the results of the evaluation and make a

6-33 recommendation to the judge concerning the length and type of treatment

6-34 required by the child.

6-35 (b) May be conducted at an evaluation center.

6-36 3. The judge shall:

6-37 (a) Order the child to undergo a program of treatment as recommended

6-38 by the person who conducted the evaluation pursuant to subsection 2.

6-39 (b) Require the treatment facility to submit monthly reports on the

6-40 treatment of the child pursuant to this section.

6-41 (c) Order the child, if he is at least 18 years of age or an emancipated

6-42 minor, or the parent or legal guardian of the child, to the extent of the

6-43 financial resources of the child or his parent or legal guardian, to pay any

7-1 charges relating to the evaluation and treatment of the child pursuant to this

7-2 section. If the child, or his parent or legal guardian, does not have the

7-3 financial resources to pay all [of] those charges:

7-4 (1) The judge shall, to the extent possible, arrange for the child to

7-5 receive treatment from a treatment facility which receives a sufficient

7-6 amount of federal or state money to offset the remainder of the costs; and

7-7 (2) The judge may order the child to perform supervised work for the

7-8 benefit of the community in lieu of paying the charges relating to his

7-9 evaluation and treatment. The work must be performed for and under the

7-10 supervising authority of a county, city, town or other political subdivision

7-11 or agency of the State of Nevada or a charitable organization that renders

7-12 service to the community or its residents. The court may require the child

7-13 or his parent or legal guardian to deposit with the court a reasonable sum of

7-14 money to pay for the cost of policies of insurance against liability for

7-15 personal injury and damage to property or for industrial insurance, or both,

7-16 during those periods in which the child performs the work, unless, in the

7-17 case of industrial insurance, it is provided by the authority for which he

7-18 performs the work.

7-19 4. A treatment facility is not liable for any damages to person or

7-20 property caused by a child who [drives] :

7-21 (a) Drives, operates or is in actual physical control of a vehicle or a

7-22 vessel under power or sail while under the influence of [an] intoxicating

7-23 liquor or a controlled substance ; or

7-24 (b) Engages in any other conduct prohibited by NRS 484.379,

7-25 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or
7-26 a law of any other jurisdiction that prohibits the same or similar
7-27 conduct,

7-28 after the treatment facility has certified to his successful completion of a

7-29 program of treatment ordered pursuant to this section.

7-30 5. The provisions of this section do not prohibit a judge from:

7-31 (a) Requiring an evaluation to be conducted by a person who is

7-32 employed by a private company if the company meets the standards of the

7-33 bureau of alcohol and drug abuse. Such an evaluation may be conducted at

7-34 an evaluation center pursuant to paragraph (b) of subsection 2.

7-35 (b) Ordering the child to attend a program of treatment which is

7-36 administered by a private company.

7-37 6. All information relating to the evaluation or treatment of a child

7-38 pursuant to this section is confidential and, except as otherwise authorized

7-39 by the provisions of this chapter or the juvenile court, must not be disclosed

7-40 to any person other than the juvenile court, the child and his attorney, if

7-41 any, his parents or guardian, the prosecuting attorney and any other person

7-42 for whom the communication of that information is necessary to effectuate

7-43 the evaluation or treatment of the child. A record of any finding that a child

8-1 has violated the provisions of NRS 484.379 or 484.3795 must be included

8-2 in the driver’s record of that child for 7 years after the date of the offense.

8-3 7. As used in this section:

8-4 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

8-5 drug abuse in the rehabilitation division of the department of employment,

8-6 training and rehabilitation.

8-7 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

8-8 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

8-9 Sec. 7. NRS 458.260 is hereby amended to read as follows:

8-10 458.260 1. Except as otherwise provided in subsection 2, the use of

8-34 criminal act.

8-35 Sec. 8. NRS 458.270 is hereby amended to read as follows:

8-36 458.270 1. Except as otherwise provided in subsection 7, a person

8-43 misdemeanor with a warrant.

9-1 3. If a licensed facility for the treatment of persons who abuse alcohol

9-2 exists in the community where the person is found, he must be delivered to

9-3 the facility for observation and care. If no such facility exists in the

9-4 community, the person so found may be placed in a county or city jail or

9-5 detention facility for shelter or supervision for his own health and safety

9-6 until he is no longer under the influence of alcohol. He may not be required

9-7 against his will to remain in either a licensed facility, jail or detention

9-8 facility longer than 48 hours.

9-9 4. An intoxicated person taken into custody by a peace officer for a

9-10 public offense must immediately be taken to a secure detoxification unit or

9-11 other appropriate medical facility if his condition appears to require

9-12 emergency medical treatment. Upon release from the detoxification unit or

9-13 medical facility, the person must immediately be remanded to the custody

9-14 of the apprehending peace officer and the criminal proceedings proceed as

9-15 prescribed by law.

9-16 5. The placement of a person found under the influence of alcohol in

9-17 civil protective custody must be:

9-18 (a) Recorded at the facility, jail or detention facility to which he is

9-19 delivered; and

9-20 (b) Communicated at the earliest practical time to his family or next of

9-21 kin if they can be located and to the division or to a local alcohol abuse

9-22 authority designated by the division.

9-23 6. Every peace officer and other public employee or agency acting

9-24 pursuant to this section is performing a discretionary function or duty.

9-25 7. The provisions of this section do not apply to a person who is

9-26 apprehended or arrested for:

9-27 (a) [An] A civil or administrative violation for which intoxication is an

9-28 element of the violation pursuant to the provisions of a specific statute or

9-29 regulation;

9-30 (b) A criminal offense for which intoxication is an element of the

9-31 offense pursuant to the provisions of a specific statute [;

9-32 (b)] or regulation;

9-33 (c) A homicide resulting from driving, operating or being in actual

9-34 physical control of a vehicle or a vessel under power or sail while under the

9-35 influence of intoxicating liquor or a controlled substance [; and

9-36 (c)] or resulting from any other conduct prohibited by NRS 484.379,

9-37 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and

9-38 (d) Any offense or violation which is similar to an offense [set forth] or

9-39 violation described in paragraph (a) [or (b) of this subsection that] , (b) or

9-40 (c) and which is set forth in an ordinance or resolution of a county, city or

9-41 town.

10-1 Sec. 9. NRS 458.300 is hereby amended to read as follows:

10-2 458.300 Subject to the provisions of NRS 458.290 to 458.350,

10-27 than twice within the preceding 5 years.

10-28 Sec. 10. Chapter 483 of NRS is hereby amended by adding thereto a

10-29 new section to read as follows:

10-30 "Premises to which the public has access" has the meaning ascribed to

10-31 it in NRS 484.122.

10-32 Sec. 11. NRS 483.020 is hereby amended to read as follows:

10-33 483.020 As used in NRS 483.010 to 483.630, inclusive, unless the

10-36 to them in those sections.

10-37 Sec. 12. NRS 483.080 is hereby amended to read as follows:

10-38 483.080 "Highway" [means the entire width between the boundary

10-40 use of the public for purposes of vehicular travel.] has the meaning

10-41 ascribed to it in NRS 484.065.

11-1 Sec. 13. NRS 483.330 is hereby amended to read as follows:

11-2 483.330 1. The department may require every applicant for a driver’s

11-43 of any other jurisdiction that prohibits the same or similar conduct;

12-1 (d) Has restrictions to his driver’s license which the department must

12-2 reevaluate to ensure the safe driving of a motor vehicle by that person;

12-3 (e) Has had three or more convictions of moving traffic violations on his

12-4 driving record during the immediately preceding 4 years; or

12-5 (f) Has been convicted of any of the offenses related to the use or

12-6 operation of a motor vehicle which must be reported pursuant to the

12-7 provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal

12-8 Regulations relating to the National Driver Register Problem Driver Pointer

12-9 System during the immediately preceding 4 years.

12-10 Sec. 14. NRS 483.460 is hereby amended to read as follows:

12-11 483.460 1. Except as otherwise provided by statute, the department

12-43 (6) A violation of NRS 484.348.

13-1 (c) For a period of 90 days, if the offense is a first violation within 7

13-2 years of NRS 484.379.

13-3 2. The department shall revoke the license, permit or privilege of a

13-4 driver convicted of violating NRS 484.379 who fails to complete the

13-5 educational course on the use of alcohol and controlled substances within

13-6 the time ordered by the court and shall add a period of 90 days during

13-7 which the driver is not eligible for a license, permit or privilege to drive.

13-8 3. When the department is notified by a court that a person who has

13-9 been convicted of violating NRS 484.379 has been permitted to enter a

13-10 program of treatment pursuant to NRS 484.37937 or 484.3794, the

13-11 department shall reduce by one-half the period during which he is not

13-12 eligible for a license, permit or privilege to drive, but shall restore that

13-13 reduction in time if notified that he was not accepted for or failed to

13-14 complete the treatment.

13-15 4. The department shall revoke the license, permit or privilege to drive

13-16 of a person who is required to install a device pursuant to NRS 484.3943

13-17 but who operates a motor vehicle without such a device:

13-18 (a) For 3 years, if it is his first such offense during the period of required

13-19 use of the device.

13-20 (b) For 5 years, if it is his second such offense during the period of

13-21 required use of the device.

13-22 5. A driver whose license, permit or privilege is revoked pursuant to

13-23 subsection 4 is not eligible for a restricted license during the period set

13-24 forth in paragraph (a) or (b) of that subsection, whichever is applicable.

13-25 6. [When] In addition to any other requirements set forth by specific

13-26 statute, if the department is notified that a court has [:

13-27 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

13-28 62.224, 62.2255, 62.226 or 62.228,] ordered the revocation, suspension or

13-29 delay in the issuance of a [child’s license;

13-30 (b) Pursuant] license pursuant to chapter 62 of NRS, NRS 176.064 or

13-31 206.330, [ordered the suspension or delay in the issuance of a person’s

13-32 license; or

13-33 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,]

13-34 chapter 484 of NRS or any other provision of law, the department shall

13-35 take such actions as are necessary to carry out the court’s order.

13-36 7. As used in this section, "device" has the meaning ascribed to it in

13-37 NRS 484.3941.

13-38 Sec. 15. NRS 483.490 is hereby amended to read as follows:

13-39 483.490 1. Except as otherwise provided in this section, after a

13-43 department may, unless the statute authorizing the suspension prohibits the

14-1 issuance of a restricted license, issue a restricted driver’s license to an

14-2 applicant permitting the applicant to drive a motor vehicle:

14-3 (a) To and from work or in the course of his work, or both; or

14-4 (b) To acquire supplies of medicine or food or receive regularly

14-5 scheduled medical care for himself or a member of his immediate
14-6 family.

14-7 Before a restricted license may be issued, the applicant must submit

14-8 sufficient documentary evidence to satisfy the department that a severe

14-9 hardship exists because the applicant has no alternative means of

14-10 transportation and that the severe hardship outweighs the risk to the public

14-11 if he is issued a restricted license.

14-12 2. A person who has been ordered to install a device in a motor vehicle

14-13 which he owns or operates pursuant to NRS 484.3943:

14-14 (a) Shall install the device not later than 21 days after the date on which

14-15 the order was issued; and

14-16 (b) May not receive a restricted license pursuant to this section until:

14-17 (1) After at least 180 days of the period during which he is not

14-18 eligible for a license, if he was convicted of [a] :

14-19 (I) A violation of subsection 2 of NRS 484.377 [, a] ;

14-20 (II) A violation of NRS 484.3795 or a homicide resulting from

14-21 driving or being in actual physical control of a vehicle while under the

14-22 influence of intoxicating liquor or a controlled substance or [if he was

14-23 convicted of a] resulting from any other conduct prohibited by NRS

14-24 484.379 or 484.3795; or

14-25 (III) A third violation within 7 years of NRS 484.379;

14-26 (2) After at least 90 days of the period during which he is not eligible

14-27 for a license, if he was convicted of a second violation within 7 years of

14-28 NRS 484.379; or

14-29 (3) After at least 45 days of the period during which he is not eligible

14-30 for a license, if he was convicted of a first violation within 7 years of NRS

14-31 484.379.

14-32 3. If the department has received a copy of an order requiring a person

14-33 to install a device in a motor vehicle which he owns or operates pursuant to

14-34 NRS 484.3943, the department shall not issue a restricted driver’s license

14-35 to such a person pursuant to this section unless the applicant has submitted

14-36 proof of compliance with the order and subsection 2.

14-37 4. After a driver’s license has been revoked pursuant to subsection 1 of

14-38 NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

14-39 NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

14-40 issue a restricted driver’s license to an applicant permitting the applicant to

14-41 drive a motor vehicle:

14-42 (a) If applicable, to and from work or in the course of his work, or both;

14-43 and

15-1 (b) If applicable, to and from school.

15-2 5. After a driver’s license has been suspended pursuant to NRS

15-3 483.443, the department may issue a restricted driver’s license to an

15-4 applicant permitting the applicant to drive a motor vehicle:

15-5 (a) If applicable, to and from work or in the course of his work, or both;

15-6 (b) To receive regularly scheduled medical care for himself or a member

15-7 of his immediate family; and

15-8 (c) If applicable, as necessary to exercise a court-ordered right to visit a

15-9 child.

15-10 6. A driver who violates a condition of a restricted license issued

15-11 pursuant to subsection 1 or by another jurisdiction is guilty of a

15-12 misdemeanor [,] and , if [his] the license of the driver was suspended or

15-13 revoked for [a] :

15-14 (a) A violation of NRS 484.379, 484.3795, or 484.384 [or a] ;

15-15 (b) A homicide resulting from driving or being in actual physical

15-16 control of a vehicle while under the influence of intoxicating liquor or a

15-17 controlled substance [, or the] or resulting from any other conduct

15-18 prohibited by NRS 484.379 or 484.3795; or

15-19 (c) A violation of a law of any other jurisdiction [which] that prohibits

15-20 the same or similar conduct [, he] as set forth in paragraph (a) or
15-21 (b),

15-22 the driver shall be punished in the manner provided pursuant to subsection

15-23 2 of NRS 483.560.

15-24 7. The periods of suspensions and revocations required pursuant to this

15-25 chapter and NRS 484.384 must run consecutively, except as otherwise

15-26 provided in NRS 483.465 and 483.475, when the suspensions must run

15-27 concurrently.

15-28 8. Whenever the department suspends or revokes a license, the period

15-29 of suspension, or of ineligibility for a license after the revocation, begins

15-30 upon the effective date of the revocation or suspension as contained in the

15-31 notice thereof.

15-32 Sec. 16. NRS 483.560 is hereby amended to read as follows:

15-33 483.560 1. Except as otherwise provided in subsection 2, any person

15-43 prohibited by NRS 484.379 or 484.3795; or

16-1 (c) A violation of a law of any other jurisdiction [which] that prohibits

16-2 the same or similar conduct [, he shall be:

16-3 (a) Punished] as set forth in paragraph (a) or (b),

16-4 the person shall be punished by imprisonment in jail for not less than 30

16-5 days nor more than 6 months [; or

16-6 (b) Sentenced to] or by serving a term of residential confinement for

16-7 not less than 60 days [in residential confinement] nor more than 6 months,

16-8 and shall be further punished by a fine of not less than $500 nor more than

16-9 $1,000. A person who is punished [under] pursuant to this subsection may

16-10 not be granted probation , and a sentence imposed for such a violation may

16-11 not be suspended. A prosecutor may not dismiss a charge of such a

16-12 violation in exchange for a plea of guilty, of guilty but mentally ill or of

16-13 nolo contendere to a lesser charge or for any other reason, unless in his

16-14 judgment the charge is not supported by probable cause or cannot be

16-15 proved at trial. The provisions of this subsection do not apply if the period

16-16 of revocation has expired but the person has not reinstated his license.

16-17 3. A term of imprisonment imposed pursuant to the provisions of this

16-18 section may be served intermittently at the discretion of the judge or justice

16-19 of the peace. This discretion must be exercised after considering all the

16-20 circumstances surrounding the offense, and the family and employment of

16-21 the person convicted. However, the full term of imprisonment must be

16-22 served within 6 months after the date of conviction, and any segment of

16-23 time the person is imprisoned must not consist of less than 24 hours.

16-24 4. Jail sentences simultaneously imposed pursuant to this section and

16-25 NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

16-26 5. [The department upon receiving] If the department receives a

16-27 record of the conviction or punishment of any person pursuant to this

16-28 section upon a charge of driving a vehicle while his license was:

16-29 (a) Suspended, the department shall extend the period of the suspension

16-30 for an additional like period.

16-31 (b) Revoked, the department shall extend the period of ineligibility for

16-32 a license, permit or privilege to drive for an additional 1 year.

16-33 (c) Restricted, the department shall revoke his restricted license and

16-34 extend the period of ineligibility for a license, permit or privilege to drive

16-35 for an additional 1 year.

16-36 (d) Suspended or canceled for an indefinite period, the department shall

16-37 suspend his license for an additional 6 months for the first violation and an

16-38 additional 1 year for each subsequent violation.

16-39 6. Suspensions and revocations imposed pursuant to this section must

16-40 run consecutively.

17-1 Sec. 17. NRS 483.908 is hereby amended to read as follows:

17-2 483.908 The department shall adopt regulations:

17-21 Safety Act of 1986, 49 U.S.C. §§ 2701-2716.

17-22 Sec. 18. NRS 483.922 is hereby amended to read as follows:

17-23 483.922 1. Except as otherwise provided in NRS 484.383, a person

17-36 controlled substance [.] ; or

17-37 (b) Engaging in any other conduct prohibited by NRS 484.379 or

17-38 484.3795.

17-39 Sec. 19. Chapter 484 of NRS is hereby amended by adding thereto a

17-40 new section to read as follows:

17-41 "Prohibited substance" means any of the following substances if the

17-42 person who uses the substance has not been issued a valid prescription to

18-1 use the substance and the substance is classified in schedule I or II

18-2 pursuant to NRS 453.166 or 453.176 when it is used:

18-3 1. Amphetamine.

18-4 2. Cocaine.

18-5 3. Heroin.

18-6 4. Lysergic acid diethylamide.

18-7 5. Marihuana.

18-8 6. Mecloqualone.

18-9 7. Methamphetamine.

18-10 8. Methaqualone.

18-11 9. Phencyclidine.

18-12 Sec. 20. NRS 484.013 is hereby amended to read as follows:

18-13 484.013 As used in this chapter, unless the context otherwise requires,

18-15 section 19 of this act have the meanings ascribed to them in those sections.

18-16 Sec. 21. NRS 484.259 is hereby amended to read as follows:

18-17 484.259 [Unless specifically]

18-27 or from such work.

18-28 Sec. 22. NRS 484.379 is hereby amended to read as follows:

18-29 484.379 1. It is unlawful for any person who:

18-30 (a) Is under the influence of intoxicating liquor;

18-31 (b) Has 0.10 percent or more by weight of alcohol in his blood; or

18-32 (c) Is found by measurement within 2 hours after driving or being in

18-33 actual physical control of a vehicle to have 0.10 percent or more by weight

18-34 of alcohol in his blood,

18-35 to drive or be in actual physical control of a vehicle on a highway or on

18-36 premises to which the public has access.

18-37 2. It is unlawful for any person who [is an habitual user of or] :

18-38 (a) Is under the influence of [any] a controlled substance [, or is] ;

18-39 (b) Is under the combined influence of intoxicating liquor and a

18-40 controlled substance [, or any person who inhales,] ; or

18-41 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

18-42 organic solvent, or any compound or combination of any of these, to a

19-1 degree which renders him incapable of safely driving or exercising actual

19-2 physical control of a vehicle ,

19-3 to drive or be in actual physical control of a vehicle on a highway or on

19-4 premises to which the public has access. The fact that any person charged

19-5 with a violation of this subsection is or has been entitled to use that drug

19-6 under the laws of this state is not a defense against any charge of violating

19-7 this subsection.

19-8 3. It is unlawful for any person who has a detectable amount of a

19-9 prohibited substance in his blood, urine or other bodily substance to drive

19-10 or be in actual physical control of a vehicle on a highway or on premises

19-11 to which the public has access.

19-12 4. If consumption is proven by a preponderance of the evidence, it is

19-13 an affirmative defense under paragraph (c) of subsection 1 that the

19-14 defendant consumed a sufficient quantity of alcohol after driving or being

19-15 in actual physical control of the vehicle, and before his blood was tested, to

19-16 cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant

19-17 who intends to offer this defense at a trial or preliminary hearing must, not

19-18 less than 14 days before the trial or hearing or at such other time as the

19-19 court may direct, file and serve on the prosecuting attorney a written notice

19-20 of that intent.

19-21 Sec. 23. NRS 484.3792 is hereby amended to read as follows:

19-22 484.3792 1. A person who violates the provisions of NRS 484.379:

19-41 in jail; or

20-1 (II) Residential confinement for not less than 10 days nor more

20-2 than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive,

20-3 or 5.0755 to 5.078, inclusive;

20-4 (2) Shall fine him not less than $500 nor more than $1,000;

20-5 (3) Shall order him to perform not less than 100 hours, but not more

20-6 than 200 hours, of work for the community while dressed in distinctive garb

20-7 that identifies him as having violated the provisions of NRS 484.379,

20-8 unless the court finds that extenuating circumstances exist; and

20-9 (4) May order him to attend a program of treatment for the abuse of

20-10 alcohol or drugs pursuant to the provisions of NRS 484.37945.

20-11 A person who willfully fails or refuses to complete successfully a term of

20-12 residential confinement or a program of treatment ordered pursuant to this

20-13 paragraph is guilty of a misdemeanor.

20-14 (c) For a third or subsequent offense within 7 years, is guilty of a

20-15 category B felony and shall be punished by imprisonment in the state prison

20-16 for a minimum term of not less than 1 year and a maximum term of not

20-17 more than 6 years, and shall be further punished by a fine of not less than

20-18 $2,000 nor more than $5,000. An offender so imprisoned must, insofar as

20-19 practicable, be segregated from offenders whose crimes were violent and,

20-20 insofar as practicable, be assigned to an institution or facility of minimum

20-21 security.

20-22 2. An offense that occurred within 7 years immediately preceding the

20-23 date of the principal offense or after the principal offense constitutes a prior

20-24 offense for the purposes of this section when evidenced by a conviction,

20-25 without regard to the sequence of the offenses and convictions. The facts

20-26 concerning a prior offense must be alleged in the complaint, indictment or

20-27 information, must not be read to the jury or proved at trial but must be

20-28 proved at the time of sentencing and, if the principal offense is alleged to

20-29 be a felony, must also be shown at the preliminary examination or

20-30 presented to the grand jury.

20-31 3. A person convicted of violating the provisions of NRS 484.379 must

20-32 not be released on probation, and a sentence imposed for violating those

20-33 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

20-34 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

20-35 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

20-36 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

20-37 guilty but mentally ill or nolo contendere to a lesser charge or for any other

20-38 reason unless he knows or it is obvious that the charge is not supported by

20-39 probable cause or cannot be proved at the time of trial.

20-40 4. A term of confinement imposed pursuant to the provisions of this

20-41 section may be served intermittently at the discretion of the judge or justice

20-42 of the peace, except that a person who is convicted of a second or

20-43 subsequent offense within 7 years must be confined for at least one segment

21-1 of not less than 48 consecutive hours. This discretion must be exercised

21-2 after considering all the circumstances surrounding the offense, and the

21-3 family and employment of the offender, but any sentence of 30 days or less

21-4 must be served within 6 months after the date of conviction or, if the

21-5 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

21-6 suspension of his sentence was revoked, within 6 months after the date of

21-7 revocation. Any time for which the offender is confined must consist of not

21-8 less than 24 consecutive hours.

21-9 5. Jail sentences simultaneously imposed pursuant to this section and

21-10 NRS 483.560 or 485.330 must run consecutively.

21-11 6. If the person who violated the provisions of NRS 484.379 possesses

21-12 a driver’s license issued by a state other than the State of Nevada and does

21-13 not reside in the State of Nevada, in carrying out the provisions of

21-14 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

21-15 (a) Order the person to pay tuition for and submit evidence of

21-16 completion of an educational course on the abuse of alcohol and controlled

21-17 substances approved by a governmental agency of the state of his residence

21-18 within the time specified in the order; or

21-19 (b) Order him to complete an educational course by correspondence on

21-20 the abuse of alcohol and controlled substances approved by the department

21-21 within the time specified in the order,

21-22 and the court shall notify the department if the person fails to complete the

21-23 assigned course within the specified time.

21-24 7. If the defendant was transporting a person who is less than 15 years

21-25 of age in the motor vehicle at the time of the violation, the court shall

21-26 consider that fact as an aggravating factor in determining the sentence of

21-27 the defendant.

21-28 8. As used in this section, unless the context otherwise requires,

21-29 "offense" means [a] :

21-30 (a) A violation of NRS 484.379 or 484.3795 [or a] ;

21-31 (b) A homicide resulting from [the] driving or being in actual physical

21-32 control of a vehicle while under the influence of intoxicating liquor or a

21-33 controlled substance [, or the] or resulting from any other conduct

21-34 prohibited by NRS 484.379 or 484.3795; or

21-35 (c) A violation of a law of any other jurisdiction that prohibits the same

21-36 or similar conduct [.] as set forth in paragraph (a) or (b).

21-37 Sec. 24. NRS 484.37937 is hereby amended to read as follows:

21-38 484.37937 1. Except as otherwise provided in subsection 2, a person

21-41 treatment for alcoholism or drug abuse which is certified by the bureau of

22-1 alcohol and drug abuse of the rehabilitation division of the department of

22-2 employment, training and rehabilitation for at least 6 months. The court

22-3 shall authorize such treatment if:

22-4 (a) The person is diagnosed as an alcoholic or abuser of drugs by a:

22-5 (1) Counselor or other person certified to make that diagnosis by the

22-6 bureau of alcohol and drug abuse of the rehabilitation division of the

22-7 department of employment, training and rehabilitation; or

22-8 (2) Physician certified to make that diagnosis by the board of medical

22-9 examiners;

22-10 (b) He agrees to pay the cost of the treatment to the extent of his

22-11 financial resources; and

22-12 (c) He has served or will serve a term of imprisonment in jail of 1 day,

22-13 or has performed or will perform 48 hours of work for the community.

22-14 2. A person may not apply to the court to undergo a program of

22-15 treatment pursuant to subsection 1 if, within the immediately preceding 7

22-16 years, he has been found guilty of:

22-17 (a) A violation of NRS 484.3795;

22-18 (b) A homicide resulting from driving or being in actual physical

22-19 control of a vehicle while under the influence of intoxicating liquor or a

22-20 controlled substance [;] or resulting from any other conduct prohibited by

22-21 NRS 484.379 or 484.3795; or

22-22 (c) A violation of [the] a law of any other jurisdiction [which] that

22-23 prohibits the same or similar conduct as set forth in paragraph (a) or (b).

22-24 3. For the purposes of subsection 1, a violation of [the] a law of any

22-25 other jurisdiction [which] that prohibits the same or similar conduct as

22-26 NRS 484.379 constitutes a violation of NRS 484.379.

22-27 4. A prosecuting attorney may, within 10 days after receiving notice of

22-28 an application for treatment pursuant to this section, request a hearing on

22-29 the question of whether the offender is eligible to undergo a program of

22-30 treatment for alcoholism or drug abuse. The court shall order a hearing on

22-31 the application upon the request of the prosecuting attorney or may order a

22-32 hearing on its own motion. The hearing must be limited to the question of

22-33 whether the offender is eligible to undergo such a program of treatment.

22-34 5. At the hearing on the application for treatment, the prosecuting

22-35 attorney may present the court with any relevant evidence on the matter. If

22-36 a hearing is not held, the court shall decide the matter upon affidavits and

22-37 other information before the court.

22-38 6. If the court grants an application for treatment, the court shall:

22-39 (a) Immediately sentence the offender and enter judgment accordingly.

22-40 (b) Suspend the sentence of the offender for not more than 3 years upon

22-41 the condition that the offender be accepted for treatment by a treatment

22-42 facility, that he complete the treatment satisfactorily and that he comply

22-43 with any other condition ordered by the court.

23-1 (c) Advise the offender that:

23-2 (1) If he is accepted for treatment by such a facility, he may be placed

23-3 under the supervision of the facility for a period not to exceed 3 years and

23-4 during treatment he may be confined in an institution or, at the discretion of

23-5 the facility, released for treatment or supervised aftercare in the community.

23-6 (2) If he is not accepted for treatment by such a facility or he fails to

23-7 complete the treatment satisfactorily, he shall serve the sentence imposed

23-8 by the court. Any sentence of imprisonment must be reduced by a time

23-9 equal to that which he served before beginning treatment.

23-10 (3) If he completes the treatment satisfactorily, his sentence will be

23-11 reduced to a term of imprisonment which is no longer than that provided

23-12 for the offense in paragraph (c) of subsection 1 and a fine of not more than

23-13 the minimum fine provided for the offense in NRS 484.3792, but the

23-14 conviction must remain on his record of criminal history.

23-15 7. The court shall administer the program of treatment pursuant to the

23-16 procedures provided in NRS 458.320 and 458.330, except that the court:

23-17 (a) Shall not defer the sentence, set aside the conviction or impose

23-18 conditions upon the election of treatment except as otherwise provided in

23-19 this section.

23-20 (b) May immediately revoke the suspension of sentence for a violation

23-21 of any condition of the suspension.

23-22 8. The court shall notify the department, on a form approved by the

23-23 department, upon granting the application of the offender for treatment and

23-24 his failure to be accepted for or complete treatment.

23-25 Sec. 25. NRS 484.3794 is hereby amended to read as follows:

23-26 484.3794 1. Except as otherwise provided in subsection 2, a person

24-1 (c) He has served or will serve a term of imprisonment in jail of 5 days,

24-2 and if required pursuant to NRS 484.3792, has performed or will perform

24-3 not less than 50 hours, but not more than 100 hours, of work for the

24-4 community.

24-5 2. A person may not apply to the court to undergo a program of

24-6 treatment pursuant to subsection 1 if, within the immediately preceding 7

24-7 years, he has been found guilty of:

24-8 (a) A violation of NRS 484.3795;

24-9 (b) A homicide resulting from driving or being in actual physical

24-10 control of a vehicle while under the influence of intoxicating liquor or a

24-11 controlled substance [;] or resulting from any other conduct prohibited by

24-12 NRS 484.379 or 484.3795; or

24-13 (c) A violation of [the] a law of any other jurisdiction [which] that

24-14 prohibits the same or similar conduct as set forth in paragraph (a) or (b).

24-15 3. For the purposes of subsection 1, a violation of [the] a law of any

24-16 other jurisdiction [which] that prohibits the same or similar conduct as

24-17 NRS 484.379 constitutes a violation of NRS 484.379.

24-18 4. A prosecuting attorney may, within 10 days after receiving notice of

24-19 an application for treatment pursuant to this section, request a hearing on

24-20 the matter. The court shall order a hearing on the application upon the

24-21 request of the prosecuting attorney or may order a hearing on its own

24-22 motion.

24-23 5. At the hearing on the application for treatment, the prosecuting

24-24 attorney may present the court with any relevant evidence on the matter. If

24-25 a hearing is not held, the court shall decide the matter upon affidavits and

24-26 other information before the court.

24-27 6. If the court determines that an application for treatment should be

24-28 granted, the court shall:

24-29 (a) Immediately sentence the offender and enter judgment accordingly.

24-30 (b) Suspend the sentence of the offender for not more than 3 years upon

24-31 the condition that the offender be accepted for treatment by a treatment

24-32 facility, that he complete the treatment satisfactorily and that he comply

24-33 with any other condition ordered by the court.

24-34 (c) Advise the offender that:

24-35 (1) If he is accepted for treatment by such a facility, he may be placed

24-36 under the supervision of the facility for a period not to exceed 3 years and

24-37 during treatment he may be confined in an institution or, at the discretion of

24-38 the facility, released for treatment or supervised aftercare in the community.

24-39 (2) If he is not accepted for treatment by such a facility or he fails to

24-40 complete the treatment satisfactorily, he shall serve the sentence imposed

24-41 by the court. Any sentence of imprisonment must be reduced by a time

24-42 equal to that which he served before beginning treatment.

25-1 (3) If he completes the treatment satisfactorily, his sentence will be

25-2 reduced to a term of imprisonment which is no longer than that provided

25-3 for the offense in paragraph (c) of subsection 1 and a fine of not more than

25-4 the minimum provided for the offense in NRS 484.3792, but the conviction

25-5 must remain on his record of criminal history.

25-6 7. The court shall administer the program of treatment pursuant to the

25-7 procedures provided in NRS 458.320 and 458.330, except that the court:

25-8 (a) Shall not defer the sentence, set aside the conviction or impose

25-9 conditions upon the election of treatment except as otherwise provided in

25-10 this section.

25-11 (b) May immediately revoke the suspension of sentence for a violation

25-12 of a condition of the suspension.

25-13 8. The court shall notify the department, on a form approved by the

25-14 department, upon granting the application of the offender for treatment and

25-15 his failure to be accepted for or complete treatment.

25-16 Sec. 26. NRS 484.37945 is hereby amended to read as follows:

25-17 484.37945 1. When a program of treatment is ordered pursuant to

25-42 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a

26-1 law of any other jurisdiction that prohibits the same or similar
26-2 conduct,

26-3 after the treatment facility has certified to his successful completion of a

26-4 program of treatment ordered pursuant to paragraph (b) of subsection 1 of

26-5 NRS 484.3792.

26-6 Sec. 27. NRS 484.3795 is hereby amended to read as follows:

26-7 484.3795 1. A person who:

26-43 who intends to offer this defense at a trial or preliminary hearing must, not

27-1 less than 14 days before the trial or hearing or at such other time as the

27-2 court may direct, file and serve on the prosecuting attorney a written notice

27-3 of that intent.

27-4 4. If the defendant was transporting a person who is less than 15 years

27-5 of age in the motor vehicle at the time of the violation, the court shall

27-6 consider that fact as an aggravating factor in determining the sentence of

27-7 the defendant.

27-8 Sec. 28. NRS 484.3797 is hereby amended to read as follows:

27-9 484.3797 1. The judge or judges in each judicial district shall cause

27-42 meeting if one is not available within 60 miles of the defendant’s residence.

28-1 3. A person ordered to attend a meeting pursuant to subsection 2 shall,

28-2 after attending the meeting, present evidence or other documentation

28-3 satisfactory to the court that he attended the meeting and remained for its

28-4 entirety.

28-5 Sec. 29. NRS 484.382 is hereby amended to read as follows:

28-6 484.382 1. Any person who drives or is in actual physical control of

28-23 action, except to show there were reasonable grounds to make an arrest.

28-24 Sec. 30. NRS 484.383 is hereby amended to read as follows:

28-25 484.383 1. Except as otherwise provided in subsections 3 and 4, any

28-43 condition requiring the use of an anticoagulant as determined by a

29-1 physician is exempt from any blood test which may be required pursuant to

29-2 this section but must, when appropriate pursuant to the provisions of this

29-3 section, be required to submit to a breath or urine test.

29-4 4. If the alcoholic content of the blood or breath of the person to be

29-5 tested is in issue:

29-6 (a) Except as otherwise provided in this section, the person may refuse

29-7 to submit to a blood test if means are reasonably available to perform a

29-8 breath test.

29-9 (b) The person may request a blood test, but if means are reasonably

29-10 available to perform a breath test when the blood test is requested, and the

29-11 person is subsequently convicted, he must pay for the cost of the blood test,

29-12 including the fees and expenses of witnesses in court.

29-13 (c) A police officer may direct the person to submit to a blood test [as

29-14 set forth in subsection 7] if the officer has reasonable grounds to believe

29-15 that the person:

29-16 (1) Caused death or substantial bodily harm to another person as a

29-17 result of driving or being in actual physical control of a vehicle while under

29-18 the influence of intoxicating liquor or a controlled substance [;] or as a