EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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

1-2 new section to read as follows:

1-3 As used in NRS 50.265 to 50.345, inclusive, unless the context

1-4 otherwise requires, "prohibited substance" has the meaning ascribed to it

1-5 in section 20 of this act.

1-6 Sec. 2. NRS 50.315 is hereby amended to read as follows:

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

1-16 a sample of breath; and

2-1 (c) That the affiant or declarant tested the sample using a device of a

2-2 type so certified and that the device was functioning properly.

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

2-4 declaration of a person who prepared a chemical solution or gas that has

2-5 been used in calibrating a device for testing another’s breath to determine

2-6 the amount of alcohol in his breath is admissible in evidence in any

2-7 criminal or administrative proceeding to prove:

2-8 (a) The occupation of the affiant or declarant; and

2-9 (b) That the solution or gas has the chemical composition necessary for

2-10 accurately calibrating it.

2-11 3. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-12 declaration of a person who calibrates a device for testing another’s breath

2-13 to determine the amount of alcohol in his breath is admissible in evidence

2-14 in any criminal or administrative proceeding to prove:

2-15 (a) The occupation of the affiant or declarant;

2-16 (b) That on a specified date the affiant or declarant calibrated the device

2-17 at a named law enforcement agency by using the procedures and equipment

2-18 prescribed in the regulations of the committee on testing for intoxication;

2-19 (c) That the calibration was performed within the period required by the

2-20 committee’s regulations; and

2-21 (d) Upon completing the calibration of the device, it was operating

2-22 properly.

2-23 4. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-24 declaration made under the penalty of perjury of a person who withdraws a

2-25 sample of blood from another for analysis by an expert as set forth in NRS

2-26 50.320 is admissible in any criminal or administrative proceeding to prove:

2-27 (a) The occupation of the affiant or declarant;

2-28 (b) The identity of the person from whom the affiant or declarant

2-29 withdrew the sample;

2-30 (c) The fact that the affiant or declarant kept the sample in his sole

2-31 custody or control and in substantially the same condition as when he first

2-32 obtained it until delivering it to another; and

2-33 (d) The identity of the person to whom the affiant or declarant delivered

2-34 it.

2-35 5. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-36 declaration of a person who receives from another a sample of blood or

2-37 urine or other tangible evidence that is alleged to contain alcohol or a

2-38 controlled substance, chemical, poison , [or] organic solvent or another

2-39 prohibited substance may be admitted in any criminal, civil or

2-40 administrative proceeding to prove:

2-41 (a) The occupation of the affiant or declarant;

2-42 (b) The fact that the affiant or declarant received a sample or other

2-43 evidence from another person and kept it in his sole custody or control in

3-1 substantially the same condition as when he first received it until delivering

3-2 it to another; and

3-3 (c) The identity of the person to whom the affiant or declarant delivered

3-4 it.

3-5 6. If, at or before the time of the trial, the defendant establishes that:

3-6 (a) There is a substantial and bona fide dispute regarding the facts in the

3-7 affidavit or declaration; and

3-8 (b) It is in the best interests of justice that the witness who signed the

3-9 affidavit or declaration be cross-examined,

3-10 the court may order the prosecution to produce the witness and may

3-11 continue the trial for any time the court deems reasonably necessary to

3-12 receive such testimony. The time within which a trial is required is

3-13 extended by the time of the continuance.

3-14 7. During any trial in which the defendant has been accused of

3-15 committing a felony, the defendant may object in writing to admitting into

3-16 evidence an affidavit or declaration described in this section. If the

3-17 defendant makes such an objection, the court shall not admit the affidavit or

3-18 declaration into evidence and the prosecution may cause the person to

3-19 testify in court to any information contained in the affidavit or declaration.

3-20 8. The committee on testing for intoxication shall adopt regulations

3-21 prescribing the form of the affidavits and declarations described in this

3-22 section.

3-23 Sec. 3. NRS 50.320 is hereby amended to read as follows:

3-24 50.320 1. The affidavit or declaration of a chemist and any other

3-43 during his trial. If the defendant makes such an objection, the court shall

4-1 not admit the affidavit or declaration into evidence and the prosecution may

4-2 cause the person to testify in court to any information contained in the

4-3 affidavit or declaration.

4-4 4. The committee on testing for intoxication shall adopt regulations

4-5 prescribing the form of the affidavits and declarations described in this

4-6 section.

4-7 Sec. 4. NRS 50.325 is hereby amended to read as follows:

4-8 50.325 1. If a person is charged with an offense [punishable pursuant

4-34 producing any witness to offer testimony at trial.

4-35 4. The provisions of this section apply to any of the following

4-36 offenses:

4-37 (a) An offense punishable pursuant to NRS 202.257, 455A.170,

4-38 455B.080, 493.130 or 639.283.

4-39 (b) An offense punishable pursuant to chapter 453, 484 or 488 of

4-40 NRS.

4-41 (c) A homicide resulting from driving, operating or being in actual

4-42 physical control of a vehicle or a vessel under power or sail while under

4-43 the influence of intoxicating liquor or a controlled substance or resulting

5-1 from any other conduct prohibited by NRS 484.379, 484.3795, subsection

5-2 2 of NRS 488.400, NRS 488.410 or 488.420.

5-3 (d) Any other offense for which it is necessary to prove, as an element

5-4 of the offense:

5-5 (1) The existence of any alcohol;

5-6 (2) The quantity of a controlled substance; or

5-7 (3) The existence or identity of a controlled substance, chemical,

5-8 poison, organic solvent or another prohibited substance.

5-9 Sec. 5. NRS 62.020 is hereby amended to read as follows:

5-10 62.020 As used in this chapter, unless the context otherwise requires:

5-11 1. Except as otherwise provided in this subsection, "child" means a

5-12 person who is:

5-13 (a) Less than 18 years of age; or

5-14 (b) Less than 21 years of age and subject to the jurisdiction of the

5-15 juvenile court for an act of delinquency that was committed before the

5-16 person reached 18 years of age.

5-17 The term does not include a person who is excluded from the jurisdiction of

5-18 the juvenile court pursuant to NRS 62.040 or a person who is certified for

5-19 criminal proceedings as an adult pursuant to NRS 62.080 or 62.081.

5-20 2. "Court" means the juvenile division of the district court.

5-21 3. "Indian child" has the meaning ascribed to it in 25 U.S.C. § 1903.

5-22 4. "Indian Child Welfare Act" means the Indian Child Welfare Act of

5-23 1978 , [(] 25 U.S.C. §§ 1901 et seq. [).]

5-24 5. "Judge" means the judge of the juvenile division of the district court.

5-25 6. "Juvenile court" or "juvenile division" means:

5-26 (a) In any judicial district that includes a county whose population is

5-27 100,000 or more, the family division of the district court; or

5-28 (b) In any other judicial district, the juvenile division of the district

5-29 court.

5-30 7. "Minor traffic offense" means a violation of any state or local law,

5-31 ordinance or resolution governing the operation of a motor vehicle upon

5-32 any street, alley or highway within this state other than:

5-33 (a) A violation of chapter 484 or 706 of NRS that causes the death of a

5-34 person;

5-35 (b) [Driving a motor vehicle while under the influence of intoxicating

5-36 liquor, a controlled substance or a drug in] A violation of NRS 484.379; or

5-37 (c) Any traffic offense declared to be a felony.

5-38 Sec. 6. NRS 62.227 is hereby amended to read as follows:

5-39 62.227 1. If a child who is less than 18 years of age is found by the

5-40 juvenile court to have committed [the] an unlawful act [of driving under the

5-41 influence of intoxicating liquor or a controlled substance] in violation of

5-42 NRS 484.379 or 484.3795, the judge, or his authorized representative,

5-43 shall, if the child possesses a driver’s license, issue an order revoking the

6-1 driver’s license of that child for 90 days. If such an order is issued, the

6-2 judge shall require the child to surrender to the court all driver’s licenses

6-3 then held by the child. The court shall, within 5 days after issuing the order,

6-4 forward to the department of motor vehicles and public safety the licenses

6-5 and a copy of the order.

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

6-7 requirements which are adopted by regulation pursuant to subsection 1 of

6-8 NRS 483.495 as a condition of reinstatement of the driver’s license of the

6-9 child.

6-10 3. If the child is found to have committed a subsequent unlawful act as

6-11 set forth in subsection 1, the court shall order an additional period of

6-12 revocation to apply consecutively with the previous order.

6-13 4. The judge may authorize the department to issue a restricted driver’s

6-14 license pursuant to NRS 483.490 to a child whose driver’s license is

6-15 revoked pursuant to this section.

6-16 Sec. 7. NRS 62.2275 is hereby amended to read as follows:

6-17 62.2275 1. If a child within the jurisdiction of the juvenile court is

6-18 found by the juvenile court to have committed [the] :

6-19 (a) An unlawful act [of:

6-20 (a) Driving under the influence of intoxicating liquor or a controlled

6-21 substance] in violation of NRS 484.379 or 484.3795;

6-22 (b) [Using,] The unlawful act of using, possessing, selling or

6-23 distributing a controlled substance; or

6-24 (c) [Purchasing,] The unlawful act of purchasing, consuming or

6-25 possessing an alcoholic beverage in violation of NRS 202.020,

6-26 the judge, or his authorized representative, shall require the child to

6-27 undergo an evaluation to determine if the child is an abuser of alcohol or

6-28 other drugs.

6-29 2. The evaluation of a child pursuant to this section:

6-30 (a) Must be conducted by:

6-31 (1) A counselor certified to make that classification by the bureau of

6-32 alcohol and drug abuse;

6-33 (2) A physician certified to make that classification by the board of

6-34 medical examiners; or

6-35 (3) A person who is approved to make that classification by the

6-36 bureau of alcohol and drug abuse,

6-37 who shall report to the judge the results of the evaluation and make a

6-38 recommendation to the judge concerning the length and type of treatment

6-39 required by the child.

6-40 (b) May be conducted at an evaluation center.

6-41 3. The judge shall:

6-42 (a) Order the child to undergo a program of treatment as recommended

6-43 by the person who conducted the evaluation pursuant to subsection 2.

7-1 (b) Require the treatment facility to submit monthly reports on the

7-2 treatment of the child pursuant to this section.

7-3 (c) Order the child, if he is at least 18 years of age or an emancipated

7-4 minor, or the parent or legal guardian of the child, to the extent of the

7-5 financial resources of the child or his parent or legal guardian, to pay any

7-6 charges relating to the evaluation and treatment of the child pursuant to this

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

7-8 financial resources to pay all [of] those charges:

7-9 (1) The judge shall, to the extent possible, arrange for the child to

7-10 receive treatment from a treatment facility which receives a sufficient

7-11 amount of federal or state money to offset the remainder of the costs; and

7-12 (2) The judge may order the child to perform supervised work for the

7-13 benefit of the community in lieu of paying the charges relating to his

7-14 evaluation and treatment. The work must be performed for and under the

7-15 supervising authority of a county, city, town or other political subdivision

7-16 or agency of the State of Nevada or a charitable organization that renders

7-17 service to the community or its residents. The court may require the child

7-18 or his parent or legal guardian to deposit with the court a reasonable sum of

7-19 money to pay for the cost of policies of insurance against liability for

7-20 personal injury and damage to property or for industrial insurance, or both,

7-21 during those periods in which the child performs the work, unless, in the

7-22 case of industrial insurance, it is provided by the authority for which he

7-23 performs the work.

7-24 4. A treatment facility is not liable for any damages to person or

7-25 property caused by a child who [drives] :

7-26 (a) Drives, operates or is in actual physical control of a vehicle or a

7-27 vessel under power or sail while under the influence of [an] intoxicating

7-28 liquor or a controlled substance ; or

7-29 (b) Engages in any other conduct prohibited by NRS 484.379,

7-30 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or
7-31 a law of any other jurisdiction that prohibits the same or similar
7-32 conduct,

7-33 after the treatment facility has certified to his successful completion of a

7-34 program of treatment ordered pursuant to this section.

7-35 5. The provisions of this section do not prohibit a judge from:

7-36 (a) Requiring an evaluation to be conducted by a person who is

7-37 employed by a private company if the company meets the standards of the

7-38 bureau of alcohol and drug abuse. Such an evaluation may be conducted at

7-39 an evaluation center pursuant to paragraph (b) of subsection 2.

7-40 (b) Ordering the child to attend a program of treatment which is

7-41 administered by a private company.

7-42 6. All information relating to the evaluation or treatment of a child

7-43 pursuant to this section is confidential and, except as otherwise authorized

8-1 by the provisions of this chapter or the juvenile court, must not be disclosed

8-2 to any person other than the juvenile court, the child and his attorney, if

8-3 any, his parents or guardian, the prosecuting attorney and any other person

8-4 for whom the communication of that information is necessary to effectuate

8-5 the evaluation or treatment of the child. A record of any finding that a child

8-6 has violated the provisions of NRS 484.379 or 484.3795 must be included

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

8-8 7. As used in this section:

8-9 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

8-10 drug abuse in the rehabilitation division of the department of employment,

8-11 training and rehabilitation.

8-12 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

8-13 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

8-14 Sec. 8. NRS 458.260 is hereby amended to read as follows:

8-15 458.260 1. Except as otherwise provided in subsection 2, the use of

8-39 criminal act.

8-40 Sec. 9. NRS 458.270 is hereby amended to read as follows:

8-41 458.270 1. Except as otherwise provided in subsection 7, a person

8-43 condition that he is unable to exercise care for his own health or safety or

9-1 the health or safety of others, must be placed under civil protective custody

9-2 by a peace officer.

9-3 2. A peace officer may use upon such a person that kind and degree of

9-4 force which would be lawful if he were effecting an arrest for a

9-5 misdemeanor with a warrant.

9-6 3. If a licensed facility for the treatment of persons who abuse alcohol

9-7 exists in the community where the person is found, he must be delivered to

9-8 the facility for observation and care. If no such facility exists in the

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

9-10 detention facility for shelter or supervision for his own health and safety

9-11 until he is no longer under the influence of alcohol. He may not be required

9-12 against his will to remain in either a licensed facility, jail or detention

9-13 facility longer than 48 hours.

9-14 4. An intoxicated person taken into custody by a peace officer for a

9-15 public offense must immediately be taken to a secure detoxification unit or

9-16 other appropriate medical facility if his condition appears to require

9-17 emergency medical treatment. Upon release from the detoxification unit or

9-18 medical facility, the person must immediately be remanded to the custody

9-19 of the apprehending peace officer and the criminal proceedings proceed as

9-20 prescribed by law.

9-21 5. The placement of a person found under the influence of alcohol in

9-22 civil protective custody must be:

9-23 (a) Recorded at the facility, jail or detention facility to which he is

9-24 delivered; and

9-25 (b) Communicated at the earliest practical time to his family or next of

9-26 kin if they can be located and to the division or to a local alcohol abuse

9-27 authority designated by the division.

9-28 6. Every peace officer and other public employee or agency acting

9-29 pursuant to this section is performing a discretionary function or duty.

9-30 7. The provisions of this section do not apply to a person who is

9-31 apprehended or arrested for:

9-32 (a) [An] A civil or administrative violation for which intoxication is an

9-33 element of the violation pursuant to the provisions of a specific statute or

9-34 regulation;

9-35 (b) A criminal offense for which intoxication is an element of the

9-36 offense pursuant to the provisions of a specific statute [;

9-37 (b)] or regulation;

9-38 (c) A homicide resulting from driving, operating or being in actual

9-39 physical control of a vehicle or a vessel under power or sail while under the

9-40 influence of intoxicating liquor or a controlled substance [; and

9-41 (c)] or resulting from any other conduct prohibited by NRS 484.379,

9-42 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420; and

10-1 (d) Any offense or violation which is similar to an offense [set forth] or

10-2 violation described in paragraph (a) [or (b) of this subsection that] , (b) or

10-3 (c) and which is set forth in an ordinance or resolution of a county, city or

10-4 town.

10-5 Sec. 10. NRS 458.300 is hereby amended to read as follows:

10-6 458.300 Subject to the provisions of NRS 458.290 to 458.350,

10-31 than twice within the preceding 5 years.

10-32 Sec. 11. Chapter 483 of NRS is hereby amended by adding thereto a

10-33 new section to read as follows:

10-34 "Premises to which the public has access" has the meaning ascribed to

10-35 it in NRS 484.122.

10-36 Sec. 12. NRS 483.020 is hereby amended to read as follows:

10-37 483.020 As used in NRS 483.010 to 483.630, inclusive, unless the

10-40 to them in those sections.

10-41 Sec. 13. NRS 483.080 is hereby amended to read as follows:

10-42 483.080 "Highway" [means the entire width between the boundary

10-43 lines of every way publicly maintained when any part thereof is open to the

11-1 use of the public for purposes of vehicular travel.] has the meaning

11-2 ascribed to it in NRS 484.065.

11-3 Sec. 14. NRS 483.330 is hereby amended to read as follows:

11-4 483.330 1. The department may require every applicant for a driver’s

11-43 chemical poison or an organic solvent] during the immediately preceding 7

12-1 years, [or the] of a violation of NRS 484.379 or 484.3795 or a law [which]

12-2 of any other jurisdiction that prohibits the same or similar conduct;

12-3 (d) Has restrictions to his driver’s license which the department must

12-4 reevaluate to ensure the safe driving of a motor vehicle by that person;

12-5 (e) Has had three or more convictions of moving traffic violations on his

12-6 driving record during the immediately preceding 4 years; or

12-7 (f) Has been convicted of any of the offenses related to the use or

12-8 operation of a motor vehicle which must be reported pursuant to the

12-9 provisions of Parts 1325 and 1327 of Title 23 of the Code of Federal

12-10 Regulations relating to the National Driver Register Problem Driver Pointer

12-11 System during the immediately preceding 4 years.

12-12 Sec. 15. NRS 483.460 is hereby amended to read as follows:

12-13 483.460 1. Except as otherwise provided by statute, the department

12-41 reckless driving committed within a period of 12 months.

13-1 (5) A second violation within 7 years of NRS 484.379 and, except as

13-2 otherwise provided in subsection 2 of NRS 483.490, the driver is not

13-3 eligible for a restricted license during any of that period.

13-4 (6) A violation of NRS 484.348.

13-5 (c) For a period of 90 days, if the offense is a first violation within 7

13-6 years of NRS 484.379.

13-7 2. The department shall revoke the license, permit or privilege of a

13-8 driver convicted of violating NRS 484.379 who fails to complete the

13-9 educational course on the use of alcohol and controlled substances within

13-10 the time ordered by the court and shall add a period of 90 days during

13-11 which the driver is not eligible for a license, permit or privilege to drive.

13-12 3. When the department is notified by a court that a person who has

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

13-14 program of treatment pursuant to NRS 484.37937 or 484.3794, the

13-15 department shall reduce by one-half the period during which he is not

13-16 eligible for a license, permit or privilege to drive, but shall restore that

13-17 reduction in time if notified that he was not accepted for or failed to

13-18 complete the treatment.

13-19 4. The department shall revoke the license, permit or privilege to drive

13-20 of a person who is required to install a device pursuant to NRS 484.3943

13-21 but who operates a motor vehicle without such a device:

13-22 (a) For 3 years, if it is his first such offense during the period of required

13-23 use of the device.

13-24 (b) For 5 years, if it is his second such offense during the period of

13-25 required use of the device.

13-26 5. A driver whose license, permit or privilege is revoked pursuant to

13-27 subsection 4 is not eligible for a restricted license during the period set

13-28 forth in paragraph (a) or (b) of that subsection, whichever is applicable.

13-29 6. [When] In addition to any other requirements set forth by specific

13-30 statute, if the department is notified that a court has [:

13-31 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

13-32 62.224, 62.2255, 62.226 or 62.228,] ordered the revocation, suspension or

13-33 delay in the issuance of a [child’s license;

13-34 (b) Pursuant] license pursuant to chapter 62 of NRS, NRS 176.064 or

13-35 206.330, [ordered the suspension or delay in the issuance of a person’s

13-36 license; or

13-37 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,]

13-38 chapter 484 of NRS or any other provision of law, the department shall

13-39 take such actions as are necessary to carry out the court’s order.

13-40 7. As used in this section, "device" has the meaning ascribed to it in

13-41 NRS 484.3941.

14-1 Sec. 16. NRS 483.490 is hereby amended to read as follows:

14-2 483.490 1. Except as otherwise provided in this section, after a

14-42 proof of compliance with the order and subsection 2.

15-1 4. After a driver’s license has been revoked pursuant to subsection 1 of

15-2 NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

15-3 NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

15-4 issue a restricted driver’s license to an applicant permitting the applicant to

15-5 drive a motor vehicle:

15-6 (a) If applicable, to and from work or in the course of his work, or both;

15-7 and

15-8 (b) If applicable, to and from school.

15-9 5. After a driver’s license has been suspended pursuant to NRS

15-10 483.443, the department may issue a restricted driver’s license to an

15-11 applicant permitting the applicant to drive a motor vehicle:

15-12 (a) If applicable, to and from work or in the course of his work, or both;

15-13 (b) To receive regularly scheduled medical care for himself or a member

15-14 of his immediate family; and

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

15-16 child.

15-17 6. A driver who violates a condition of a restricted license issued

15-18 pursuant to subsection 1 or by another jurisdiction is guilty of a

15-19 misdemeanor [,] and , if [his] the license of the driver was suspended or

15-20 revoked for [a] :

15-21 (a) A violation of NRS 484.379, 484.3795, or 484.384 [or a] ;

15-22 (b) A homicide resulting from driving or being in actual physical

15-23 control of a vehicle while under the influence of intoxicating liquor or a

15-24 controlled substance [, or the] or resulting from any other conduct

15-25 prohibited by NRS 484.379 or 484.3795; or

15-26 (c) A violation of a law of any other jurisdiction [which] that prohibits

15-27 the same or similar conduct [, he] as set forth in paragraph (a) or
15-28 (b),

15-29 the driver shall be punished in the manner provided pursuant to subsection

15-30 2 of NRS 483.560.

15-31 7. The periods of suspensions and revocations required pursuant to this

15-32 chapter and NRS 484.384 must run consecutively, except as otherwise

15-33 provided in NRS 483.465 and 483.475, when the suspensions must run

15-34 concurrently.

15-35 8. Whenever the department suspends or revokes a license, the period

15-36 of suspension, or of ineligibility for a license after the revocation, begins

15-37 upon the effective date of the revocation or suspension as contained in the

15-38 notice thereof.

15-39 Sec. 17. NRS 483.560 is hereby amended to read as follows:

15-40 483.560 1. Except as otherwise provided in subsection 2, any person

15-43 revoked or suspended is guilty of a misdemeanor.

16-1 2. Except as otherwise provided in this subsection, if the license of the

16-2 person was suspended, revoked or restricted because of [a] :

16-3 (a) A violation of NRS 484.379, 484.3795 or 484.384 [or a] ;

16-4 (b) A homicide resulting from driving or being in actual physical

16-5 control of a vehicle while under the influence of intoxicating liquor or a

16-6 controlled substance [, or the] or resulting from any other conduct

16-7 prohibited by NRS 484.379 or 484.3795; or

16-8 (c) A violation of a law of any other jurisdiction [which] that prohibits

16-9 the same or similar conduct [, he shall be:

16-10 (a) Punished] as set forth in paragraph (a) or (b),

16-11 the person shall be punished by imprisonment in jail for not less than 30

16-12 days nor more than 6 months [; or

16-13 (b) Sentenced to] or by serving a term of residential confinement for

16-14 not less than 60 days [in residential confinement] nor more than 6 months,

16-15 and shall be further punished by a fine of not less than $500 nor more than

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

16-17 not be granted probation , and a sentence imposed for such a violation may

16-18 not be suspended. A prosecutor may not dismiss a charge of such a

16-19 violation in exchange for a plea of guilty, of guilty but mentally ill or of

16-20 nolo contendere to a lesser charge or for any other reason, unless in his

16-21 judgment the charge is not supported by probable cause or cannot be

16-22 proved at trial. The provisions of this subsection do not apply if the period

16-23 of revocation has expired but the person has not reinstated his license.

16-24 3. A term of imprisonment imposed pursuant to the provisions of this

16-25 section may be served intermittently at the discretion of the judge or justice

16-26 of the peace. This discretion must be exercised after considering all the

16-27 circumstances surrounding the offense, and the family and employment of

16-28 the person convicted. However, the full term of imprisonment must be

16-29 served within 6 months after the date of conviction, and any segment of

16-30 time the person is imprisoned must not consist of less than 24 hours.

16-31 4. Jail sentences simultaneously imposed pursuant to this section and

16-32 NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

16-33 5. [The department upon receiving] If the department receives a

16-34 record of the conviction or punishment of any person pursuant to this

16-35 section upon a charge of driving a vehicle while his license was:

16-36 (a) Suspended, the department shall extend the period of the suspension

16-37 for an additional like period.

16-38 (b) Revoked, the department shall extend the period of ineligibility for

16-39 a license, permit or privilege to drive for an additional 1 year.

16-40 (c) Restricted, the department shall revoke his restricted license and

16-41 extend the period of ineligibility for a license, permit or privilege to drive

16-42 for an additional 1 year.

17-1 (d) Suspended or canceled for an indefinite period, the department shall

17-2 suspend his license for an additional 6 months for the first violation and an

17-3 additional 1 year for each subsequent violation.

17-4 6. Suspensions and revocations imposed pursuant to this section must

17-5 run consecutively.

17-6 Sec. 18. NRS 483.908 is hereby amended to read as follows:

17-7 483.908 The department shall adopt regulations:

17-26 Safety Act of 1986, 49 U.S.C. §§ 2701-2716.

17-27 Sec. 19. NRS 483.922 is hereby amended to read as follows:

17-28 483.922 1. Except as otherwise provided in NRS 484.383, a person

17-41 controlled substance [.] ; or

17-42 (b) Engaging in any other conduct prohibited by NRS 484.379 or

17-43 484.3795.

18-1 3. As used in this section, "prohibited substance" has the meaning

18-2 ascribed to it in section 20 of this act.

18-3 Sec. 20. Chapter 484 of NRS is hereby amended by adding thereto a

18-4 new section to read as follows:

18-5 "Prohibited substance" means any of the following substances if the

18-6 person who uses the substance has not been issued a valid prescription to

18-7 use the substance and the substance is classified in schedule I or II

18-8 pursuant to NRS 453.166 or 453.176 when it is used:

18-9 1. Amphetamine.

18-10 2. Cocaine or cocaine metabolite.

18-11 3. Heroin or heroin metabolite (morphine or 6-monoacetyl

18-12 morphine).

18-13 4. Lysergic acid diethylamide.

18-14 5. Marihuana or marihuana metabolite.

18-15 6. Methamphetamine.

18-16 7. Phencyclidine.

18-17 Sec. 21. NRS 484.013 is hereby amended to read as follows:

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

18-20 section 20 of this act have the meanings ascribed to them in those sections.

18-21 Sec. 22. NRS 484.259 is hereby amended to read as follows:

18-22 484.259 [Unless specifically]

18-32 or from such work.

18-33 Sec. 23. NRS 484.379 is hereby amended to read as follows:

18-34 484.379 1. It is unlawful for any person who:

18-35 (a) Is under the influence of intoxicating liquor;

18-36 (b) Has 0.10 percent or more by weight of alcohol in his blood; or

18-37 (c) Is found by measurement within 2 hours after driving or being in

18-38 actual physical control of a vehicle to have 0.10 percent or more by weight

18-39 of alcohol in his blood,

18-40 to drive or be in actual physical control of a vehicle on a highway or on

18-41 premises to which the public has access.

18-42 2. It is unlawful for any person who [is an habitual user of or] :

18-43 (a) Is under the influence of [any] a controlled substance [, or is] ;

19-1 (b) Is under the combined influence of intoxicating liquor and a

19-2 controlled substance [, or any person who inhales,] ; or

19-3 (c) Inhales, ingests, applies or otherwise uses any chemical, poison or

19-4 organic solvent, or any compound or combination of any of these, to a

19-5 degree which renders him incapable of safely driving or exercising actual

19-6 physical control of a vehicle ,

19-7 to drive or be in actual physical control of a vehicle on a highway or on

19-8 premises to which the public has access. The fact that any person charged

19-9 with a violation of this subsection is or has been entitled to use that drug

19-10 under the laws of this state is not a defense against any charge of violating

19-11 this subsection.

19-12 3. It is unlawful for any person to drive or be in actual physical

19-13 control of a vehicle on a highway or on premises to which the public has

19-14 access with an amount of a prohibited substance in his blood or urine

19-15 that is equal to or greater than:

19-16 Prohibited substance Urine Blood

19-17 Nanograms per Nanograms per

19-18 milliliter milliliter

19-19 (a) Amphetamine 500 100

19-20 (b) Cocaine 150 50

19-21 (c) Cocaine metabolite 150 50

19-22 (d) Heroin 2,000 50

19-23 (e) Heroin metabolite:

19-24 (1) Morphine 2,000 50

19-25 (2) 6-monoacetyl morphine 10 10

19-26 (f) Lysergic acid diethylamide 25 10

19-27 (g) Marihuana 10 2

19-28 (h) Marihuana metabolite 15 5

19-29 (i) Methamphetamine 500 100

19-30 (j) Phencyclidine 25 10

19-31 4. If consumption is proven by a preponderance of the evidence, it is

19-32 an affirmative defense under paragraph (c) of subsection 1 that the

19-33 defendant consumed a sufficient quantity of alcohol after driving or being

19-34 in actual physical control of the vehicle, and before his blood was tested, to

19-35 cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant

19-36 who intends to offer this defense at a trial or preliminary hearing must, not

19-37 less than 14 days before the trial or hearing or at such other time as the

19-38 court may direct, file and serve on the prosecuting attorney a written notice

19-39 of that intent.

20-1 Sec. 24. NRS 484.3792 is hereby amended to read as follows:

20-2 484.3792 1. A person who violates the provisions of NRS 484.379:

20-42 security.

21-1 2. An offense that occurred within 7 years immediately preceding the

21-2 date of the principal offense or after the principal offense constitutes a prior

21-3 offense for the purposes of this section when evidenced by a conviction,

21-4 without regard to the sequence of the offenses and convictions. The facts

21-5 concerning a prior offense must be alleged in the complaint, indictment or

21-6 information, must not be read to the jury or proved at trial but must be

21-7 proved at the time of sentencing and, if the principal offense is alleged to

21-8 be a felony, must also be shown at the preliminary examination or

21-9 presented to the grand jury.

21-10 3. A person convicted of violating the provisions of NRS 484.379 must

21-11 not be released on probation, and a sentence imposed for violating those

21-12 provisions must not be suspended except, as provided in NRS 4.373, 5.055,

21-13 484.37937 and 484.3794, that portion of the sentence imposed that exceeds

21-14 the mandatory minimum. A prosecuting attorney shall not dismiss a charge

21-15 of violating the provisions of NRS 484.379 in exchange for a plea of guilty,

21-16 guilty but mentally ill or nolo contendere to a lesser charge or for any other

21-17 reason unless he knows or it is obvious that the charge is not supported by

21-18 probable cause or cannot be proved at the time of trial.

21-19 4. A term of confinement imposed pursuant to the provisions of this

21-20 section may be served intermittently at the discretion of the judge or justice

21-21 of the peace, except that a person who is convicted of a second or

21-22 subsequent offense within 7 years must be confined for at least one segment

21-23 of not less than 48 consecutive hours. This discretion must be exercised

21-24 after considering all the circumstances surrounding the offense, and the

21-25 family and employment of the offender, but any sentence of 30 days or less

21-26 must be served within 6 months after the date of conviction or, if the

21-27 offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the

21-28 suspension of his sentence was revoked, within 6 months after the date of

21-29 revocation. Any time for which the offender is confined must consist of not

21-30 less than 24 consecutive hours.

21-31 5. Jail sentences simultaneously imposed pursuant to this section and

21-32 NRS 483.560 or 485.330 must run consecutively.

21-33 6. If the person who violated the provisions of NRS 484.379 possesses

21-34 a driver’s license issued by a state other than the State of Nevada and does

21-35 not reside in the State of Nevada, in carrying out the provisions of

21-36 subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

21-37 (a) Order the person to pay tuition for and submit evidence of

21-38 completion of an educational course on the abuse of alcohol and controlled

21-39 substances approved by a governmental agency of the state of his residence

21-40 within the time specified in the order; or

21-41 (b) Order him to complete an educational course by correspondence on

21-42 the abuse of alcohol and controlled substances approved by the department

21-43 within the time specified in the order,

22-1 and the court shall notify the department if the person fails to complete the

22-2 assigned course within the specified time.

22-3 7. If the defendant was transporting a person who is less than 15 years

22-4 of age in the motor vehicle at the time of the violation, the court shall

22-5 consider that fact as an aggravating factor in determining the sentence of

22-6 the defendant.

22-7 8. As used in this section, unless the context otherwise requires,

22-8 "offense" means [a] :

22-9 (a) A violation of NRS 484.379 or 484.3795 [or a] ;

22-10 (b) A homicide resulting from [the] driving or being in actual physical

22-11 control of a vehicle while under the influence of intoxicating liquor or a

22-12 controlled substance [, or the] or resulting from any other conduct

22-13 prohibited by NRS 484.379 or 484.3795; or

22-14 (c) A violation of a law of any other jurisdiction that prohibits the same

22-15 or similar conduct [.] as set forth in paragraph (a) or (b).

22-16 Sec. 25. NRS 484.37937 is hereby amended to read as follows:

22-17 484.37937 1. Except as otherwise provided in subsection 2, a person

22-43 prohibits the same or similar conduct as set forth in paragraph (a) or (b).

23-1 3. For the purposes of subsection 1, a violation of [the] a law of any

23-2 other jurisdiction [which] that prohibits the same or similar conduct as

23-3 NRS 484.379 constitutes a violation of NRS 484.379.

23-4 4. A prosecuting attorney may, within 10 days after receiving notice of

23-5 an application for treatment pursuant to this section, request a hearing on

23-6 the question of whether the offender is eligible to undergo a program of

23-7 treatment for alcoholism or drug abuse. The court shall order a hearing on

23-8 the application upon the request of the prosecuting attorney or may order a

23-9 hearing on its own motion. The hearing must be limited to the question of

23-10 whether the offender is eligible to undergo such a program of treatment.

23-11 5. At the hearing on the application for treatment, the prosecuting

23-12 attorney may present the court with any relevant evidence on the matter. If

23-13 a hearing is not held, the court shall decide the matter upon affidavits and

23-14 other information before the court.

23-15 6. If the court grants an application for treatment, the court shall:

23-16 (a) Immediately sentence the offender and enter judgment accordingly.

23-17 (b) Suspend the sentence of the offender for not more than 3 years upon

23-18 the condition that the offender be accepted for treatment by a treatment

23-19 facility, that he complete the treatment satisfactorily and that he comply

23-20 with any other condition ordered by the court.

23-21 (c) Advise the offender that:

23-22 (1) If he is accepted for treatment by such a facility, he may be placed

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

23-24 during treatment he may be confined in an institution or, at the discretion of

23-25 the facility, released for treatment or supervised aftercare in the community.

23-26 (2) If he is not accepted for treatment by such a facility or he fails to

23-27 complete the treatment satisfactorily, he shall serve the sentence imposed

23-28 by the court. Any sentence of imprisonment must be reduced by a time

23-29 equal to that which he served before beginning treatment.

23-30 (3) If he completes the treatment satisfactorily, his sentence will be

23-31 reduced to a term of imprisonment which is no longer than that provided

23-32 for the offense in paragraph (c) of subsection 1 and a fine of not more than

23-33 the minimum fine provided for the offense in NRS 484.3792, but the

23-34 conviction must remain on his record of criminal history.

23-35 7. The court shall administer the program of treatment pursuant to the

23-36 procedures provided in NRS 458.320 and 458.330, except that the court:

23-37 (a) Shall not defer the sentence, set aside the conviction or impose

23-38 conditions upon the election of treatment except as otherwise provided in

23-39 this section.

23-40 (b) May immediately revoke the suspension of sentence for a violation

23-41 of any condition of the suspension.

24-1 8. The court shall notify the department, on a form approved by the

24-2 department, upon granting the application of the offender for treatment and

24-3 his failure to be accepted for or complete treatment.

24-4 Sec. 26. NRS 484.3794 is hereby amended to read as follows:

24-5 484.3794 1. Except as otherwise provided in subsection 2, a person

24-43 attorney may present the court with any relevant evidence on the matter. If

25-1 a hearing is not held, the court shall decide the matter upon affidavits and

25-2 other information before the court.

25-3 6. If the court determines that an application for treatment should be

25-4 granted, the court shall:

25-5 (a) Immediately sentence the offender and enter judgment accordingly.

25-6 (b) Suspend the sentence of the offender for not more than 3 years upon

25-7 the condition that the offender be accepted for treatment by a treatment

25-8 facility, that he complete the treatment satisfactorily and that he comply

25-9 with any other condition ordered by the court.

25-10 (c) Advise the offender that:

25-11 (1) If he is accepted for treatment by such a facility, he may be placed

25-12 under the supervision of the facility for a period not to exceed 3 years and

25-13 during treatment he may be confined in an institution or, at the discretion of

25-14 the facility, released for treatment or supervised aftercare in the community.

25-15 (2) If he is not accepted for treatment by such a facility or he fails to

25-16 complete the treatment satisfactorily, he shall serve the sentence imposed

25-17 by the court. Any sentence of imprisonment must be reduced by a time

25-18 equal to that which he served before beginning treatment.

25-19 (3) If he completes the treatment satisfactorily, his sentence will be

25-20 reduced to a term of imprisonment which is no longer than that provided

25-21 for the offense in paragraph (c) of subsection 1 and a fine of not more than

25-22 the minimum provided for the offense in NRS 484.3792, but the conviction

25-23 must remain on his record of criminal history.

25-24 7. The court shall administer the program of treatment pursuant to the

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

25-26 (a) Shall not defer the sentence, set aside the conviction or impose

25-27 conditions upon the election of treatment except as otherwise provided in

25-28 this section.

25-29 (b) May immediately revoke the suspension of sentence for a violation

25-30 of a condition of the suspension.

25-31 8. The court shall notify the department, on a form approved by the

25-32 department, upon granting the application of the offender for treatment and

25-33 his failure to be accepted for or complete treatment.

25-34 Sec. 27. NRS 484.37945 is hereby amended to read as follows:

25-35 484.37945 1. When a program of treatment is ordered pursuant to

26-1 (b) Release the offender for treatment in the community,

26-2 for the period of supervision ordered by the court.

26-3 2. The court shall:

26-4 (a) Require the treatment facility to submit monthly progress reports on

26-5 the treatment of an offender pursuant to this section; and

26-6 (b) Order the offender, to the extent of his financial resources, to pay

26-7 any charges for his treatment pursuant to this section. If the offender does

26-8 not have the financial resources to pay all [of] those charges, the court

26-9 shall, to the extent possible, arrange for the offender to obtain his treatment

26-10 from a treatment facility that receives a sufficient amount of federal or state

26-11 money to offset the remainder of the charges.

26-12 3. A treatment facility is not liable for any damages to person or

26-13 property caused by a person who [drives] :

26-14 (a) Drives, operates or is in actual physical control of a vehicle or a

26-15 vessel under power or sail while under the influence of intoxicating liquor

26-16 or a controlled substance ; or

26-17 (b) Engages in any other conduct prohibited by NRS 484.379,

26-18 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a

26-19 law of any other jurisdiction that prohibits the same or similar
26-20 conduct,

26-21 after the treatment facility has certified to his successful completion of a

26-22 program of treatment ordered pursuant to paragraph (b) of subsection 1 of

26-23 NRS 484.3792.

26-24 Sec. 28. NRS 484.3795 is hereby amended to read as follows:

26-25 484.3795 1. A person who:

26-43 bodily harm to, a person other than himself, is guilty of a category B felony

27-1 and shall be punished by imprisonment in the state prison for a minimum

27-2 term of not less than 2 years and a maximum term of not more than 20

27-3 years and must be further punished by a fine of not less than $2,000 nor

27-4 more than $5,000. A person so imprisoned must, insofar as practicable, be

27-5 segregated from offenders whose crimes were violent and, insofar as

27-6 practicable, be assigned to an institution or facility of minimum security.

27-7 2. A prosecuting attorney shall not dismiss a charge of violating the

27-8 provisions of subsection 1 in exchange for a plea of guilty, guilty but

27-9 mentally ill or nolo contendere to a lesser charge or for any other reason

27-10 unless he knows or it is obvious that the charge is not supported by

27-11 probable cause or cannot be proved at the time of trial. A sentence imposed

27-12 pursuant to subsection 1 may not be suspended nor may probation be

27-13 granted.

27-14 3. If consumption is proven by a preponderance of the evidence, it is

27-15 an affirmative defense under paragraph (c) of subsection 1 that the

27-16 defendant consumed a sufficient quantity of alcohol after driving or being

27-17 in actual physical control of the vehicle, and before his blood was tested, to

27-18 cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant

27-19 who intends to offer this defense at a trial or preliminary hearing must, not

27-20 less than 14 days before the trial or hearing or at such other time as the

27-21 court may direct, file and serve on the prosecuting attorney a written notice

27-22 of that intent.

27-23 4. If the defendant was transporting a person who is less than 15 years

27-24 of age in the motor vehicle at the time of the violation, the court shall

27-25 consider that fact as an aggravating factor in determining the sentence of

27-26 the defendant.

27-27 Sec. 29. NRS 484.3797 is hereby amended to read as follows:

27-28 484.3797 1. The judge or judges in each judicial district shall cause

27-43 to be paid by defendants who are ordered to attend a meeting of the panel.

28-1 The amount of the fee, if any, must be reasonable. The panel may not be

28-2 operated for profit.

28-3 2. Except as otherwise provided in this subsection, if a defendant

28-4 pleads guilty or guilty but mentally ill to, or is found guilty of, any violation

28-5 of NRS 484.379 or 484.3795, the court shall, in addition to imposing any

28-6 other penalties provided by law, order the defendant to:

28-7 (a) Attend, at the defendant’s expense, a meeting of a panel of persons

28-8 who have been injured or had members of their families or close friends

28-9 injured or killed by [persons] a person who was driving or in actual

28-10 physical control of a vehicle while under the influence of [an] intoxicating

28-11 liquor or a controlled substance [,] or who was engaging in any other

28-12 conduct prohibited by NRS 484.379 or 484.3795 or a law of any other

28-13 jurisdiction that prohibits the same or similar conduct, in order to have

28-14 the defendant understand the effect such a crime has on other persons; and

28-15 (b) Pay the fee, if any, established by the court pursuant to subsection
28-16 1.

28-17 The court may, but is not required to, order the defendant to attend such a

28-18 meeting if one is not available within 60 miles of the defendant’s residence.

28-19 3. A person ordered to attend a meeting pursuant to subsection 2 shall,

28-20 after attending the meeting, present evidence or other documentation

28-21 satisfactory to the court that he attended the meeting and remained for its

28-22 entirety.

28-23 Sec. 30. NRS 484.382 is hereby amended to read as follows:

28-24 484.382 1. Any person who drives or is in actual physical control of

28-41 action, except to show there were reasonable grounds to make an arrest.

29-1 Sec. 31. NRS 484.383 is hereby amended to read as follows:

29-2 484.383 1. Except as otherwise provided in subsections 3 and 4, any