Assembly Bill No. 315–Assemblymen Parks, Manendo, Arberry, Gibbons, Ohrenschall, Anderson, Bache, Beers, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Koivisto, Lee, Leslie, McClain, Mortenson, Neighbors, Oceguera, Perkins, Price, Smith and Williams

 

March 9, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Increases penalties for first or second offense of driving under influence of intoxicating liquor when concentration of alcohol in blood or breath of offender is 0.18 or more. (BDR 43‑587)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to traffic laws; increasing the penalties for a first or second offense of driving under the influence of intoxicating liquor when the concentration of alcohol in the blood or breath of the offender is 0.18 or more; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 482.456 is hereby amended to read as follows:

1-2    482.456  1.  A person who has had the registration of his motor

1-3  vehicle suspended pursuant to NRS 482.451 and who drives the motor

1-4  vehicle for which the registration has been suspended on a highway is

1-5  guilty of a misdemeanor and shall be:

1-6    (a) Punished by imprisonment in the county jail for not less than 30

1-7  days nor more than 6 months; or

1-8    (b) Sentenced to a term of not less than 60 days nor more than 6 months

1-9  in residential confinement, and by a fine of not less than $500 and not more

1-10  than $1,000.

1-11  The provisions of this subsection do not apply if the period of suspension

1-12  has expired but the person has not reinstated his registration.

1-13    2.  A person who has had the registration of his motor vehicle

1-14  suspended pursuant to NRS 482.451 and who knowingly allows the motor

2-1  vehicle for which the registration has been suspended to be operated by

2-2  another person upon a highway is guilty of a misdemeanor.

2-3    3.  A person who willfully fails to return a certificate of registration or

2-4  the license plates as required pursuant to NRS 482.451 is guilty of a

2-5  misdemeanor.

2-6    4.  A term of imprisonment imposed pursuant to the provisions of this

2-7  section may be served intermittently at the discretion of the judge or justice

2-8  of the peace, except that the full term of imprisonment must be served

2-9  within 6 months after the date of conviction, and any segment of time the

2-10  person is imprisoned must not consist of less than 24 hours. This discretion

2-11  must be exercised after considering all the circumstances surrounding the

2-12  offense, and the family and employment of the person convicted.

2-13    5.  Jail sentences simultaneously imposed pursuant to this section and

2-14  NRS 484.3792, 484.37937 or 484.3794 , or section 3 of this act must run

2-15  consecutively.

2-16    Sec. 2.  NRS 483.560 is hereby amended to read as follows:

2-17    483.560  1.  Except as otherwise provided in subsection 2, any person

2-18  who drives a motor vehicle on a highway or on premises to which the

2-19  public has access at a time when his driver’s license has been canceled,

2-20  revoked or suspended is guilty of a misdemeanor.

2-21    2.  Except as otherwise provided in this subsection, if the license of the

2-22  person was suspended, revoked or restricted because of:

2-23    (a) A violation of NRS 484.379, 484.3795 or 484.384;

2-24    (b) A homicide resulting from driving or being in actual physical

2-25  control of a vehicle while under the influence of intoxicating liquor or a

2-26  controlled substance or resulting from any other conduct prohibited by

2-27  NRS 484.379 or 484.3795; or

2-28    (c) A violation of a law of any other jurisdiction that prohibits the same

2-29  or similar conduct as set forth in paragraph (a) or (b),

2-30  the person shall be punished by imprisonment in jail for not less than 30

2-31  days nor more than 6 months or by serving a term of residential

2-32  confinement for not less than 60 days nor more than 6 months, and shall be

2-33  further punished by a fine of not less than $500 nor more than $1,000. A

2-34  person who is punished pursuant to this subsection may not be granted

2-35  probation, and a sentence imposed for such a violation may not be

2-36  suspended. A prosecutor may not dismiss a charge of such a violation in

2-37  exchange for a plea of guilty, of guilty but mentally ill or of nolo

2-38  contendere to a lesser charge or for any other reason, unless in his

2-39  judgment the charge is not supported by probable cause or cannot be

2-40  proved at trial. The provisions of this subsection do not apply if the period

2-41  of revocation has expired but the person has not reinstated his license.

2-42    3.  A term of imprisonment imposed pursuant to the provisions of this

2-43  section may be served intermittently at the discretion of the judge or justice

2-44  of the peace. This discretion must be exercised after considering all the

2-45  circumstances surrounding the offense, and the family and employment of

2-46  the person convicted. However, the full term of imprisonment must be

2-47  served within 6 months after the date of conviction, and any segment of

2-48  time the person is imprisoned must not consist of less than 24 hours.

3-1    4.  Jail sentences simultaneously imposed pursuant to this section and

3-2  NRS 484.3792, 484.37937 or 484.3794 , or section 3 of this act must run

3-3  consecutively.

3-4    5.  If the department receives a record of the conviction or punishment

3-5  of any person pursuant to this section upon a charge of driving a vehicle

3-6  while his license was:

3-7    (a) Suspended, the department shall extend the period of the suspension

3-8  for an additional like period.

3-9    (b) Revoked, the department shall extend the period of ineligibility for a

3-10  license, permit or privilege to drive for an additional 1 year.

3-11    (c) Restricted, the department shall revoke his restricted license and

3-12  extend the period of ineligibility for a license, permit or privilege to drive

3-13  for an additional 1 year.

3-14    (d) Suspended or canceled for an indefinite period, the department shall

3-15  suspend his license for an additional 6 months for the first violation and an

3-16  additional 1 year for each subsequent violation.

3-17    6.  Suspensions and revocations imposed pursuant to this section must

3-18  run consecutively.

3-19    Sec. 3.  Chapter 484 of NRS is hereby amended by adding thereto a

3-20  new section to read as follows:

3-21    1.  Unless a greater penalty is provided pursuant to NRS 484.3792 or

3-22  484.3795, a person who violates the provisions of NRS 484.379 and who

3-23  is found to have a concentration of alcohol of 0.18 or more in his blood

3-24  or breath:

3-25    (a) For the first offense within 7 years, is guilty of a misdemeanor.

3-26  The court shall:

3-27      (1) Except as otherwise provided in subsection 7, order him to:

3-28        (I) Pay tuition for an educational course on the abuse of alcohol

3-29  and controlled substances approved by the department and complete the

3-30  course within the time specified in the order, and the court shall notify

3-31  the department if he fails to complete the course within the specified

3-32  time; or

3-33        (II) Attend a program of treatment for the abuse of alcohol or

3-34  drugs pursuant to the provisions of NRS 484.37945 if recommended

3-35  pursuant to NRS 484.37943;

3-36      (2) Sentence him to imprisonment for not less than 30 days nor

3-37  more than 6 months in jail; and

3-38      (3) Fine him not less than $400 nor more than $1,000.

3-39    (b) For a second offense within 7 years, is guilty of a misdemeanor.

3-40  The court:

3-41      (1) Shall sentence him to imprisonment for not less than 45 days

3-42  nor more than 6 months in jail;

3-43      (2) Shall fine him not less than $750 nor more than $1,000; and

3-44      (3) Except as otherwise provided in subsection 7, may order him to

3-45  attend a program of treatment for the abuse of alcohol or drugs pursuant

3-46  to the provisions of NRS 484.37945.

3-47    2.  A person who willfully fails or refuses to complete successfully a

3-48  program of treatment ordered pursuant to paragraph (a) or (b) of

3-49  subsection 1 is guilty of a misdemeanor.

4-1    3.  An offense that occurred within 7 years immediately preceding the

4-2  date of the principal offense or after the principal offense constitutes a

4-3  prior offense for the purposes of this section when evidenced by a

4-4  conviction, without regard to the sequence of the offenses and

4-5  convictions. The facts concerning a prior offense must be alleged in the

4-6  complaint, indictment or information and must not be proved at trial but

4-7  must be proved at the time of sentencing.

4-8    4.  A sentence imposed for violating the provisions of NRS 484.379

4-9  must not be suspended except, as provided in NRS 4.373 and 5.055, that

4-10  portion of the sentence imposed that exceeds the mandatory minimum.

4-11    5.  A prosecuting attorney shall not dismiss a charge of violating the

4-12  provisions of NRS 484.379 in exchange for a plea of guilty, guilty but

4-13  mentally ill or nolo contendere to a lesser charge or for any other reason

4-14  unless he knows or it is obvious that the charge is not supported by

4-15  probable cause or cannot be proved at the time of trial.

4-16    6.  Jail sentences simultaneously imposed pursuant to this section

4-17  and NRS 482.456, 483.560 or 485.330 must run consecutively.

4-18    7.  If the person who violated the provisions of NRS 484.379

4-19  possesses a driver’s license issued by a state other than the State of

4-20  Nevada and does not reside in the State of Nevada, in carrying out the

4-21  provisions of subparagraph (1) of paragraph (a) or subparagraph (3) of

4-22  paragraph (b) of subsection 1, the court shall:

4-23    (a) Order the person to pay tuition for and submit evidence of

4-24  completion of an educational course on the abuse of alcohol and

4-25  controlled substances approved by a governmental agency of the state of

4-26  his residence within the time specified in the order; or

4-27    (b) Order the person to complete an educational course by

4-28  correspondence on the abuse of alcohol and controlled substances

4-29  approved by the department within the time specified in
the order,

4-30  and the court shall notify the department if the person fails to complete

4-31  the assigned course within the specified time.

4-32    8.  If the defendant was transporting a person who is less than 15

4-33  years of age in the motor vehicle at the time of the violation, the court

4-34  shall consider that fact as an aggravating factor in determining the

4-35  sentence of the defendant.

4-36    9.  As used in this section, unless the context otherwise requires:

4-37    (a) “Concentration of alcohol of 0.18 or more in his blood or breath”

4-38  means 0.18 gram or more of alcohol per 100 milliliters of the blood of a

4-39  person or per 210 liters of his breath.

4-40    (b) “Offense” means:

4-41      (1) A violation of NRS 484.379 or 484.3795;

4-42      (2) A homicide resulting from driving or being in actual physical

4-43  control of a vehicle while under the influence of intoxicating liquor or a

4-44  controlled substance or resulting from any other conduct prohibited by

4-45  NRS 484.379 or 484.3795; or

4-46      (3) A violation of a law of any other jurisdiction that prohibits the

4-47  same or similar conduct as set forth in subparagraph (1) or (2).

 

5-1    Sec. 4.  NRS 484.259 is hereby amended to read as follows:

5-2    484.259  1.  Except for the provisions of NRS 484.379 to 484.3947,

5-3  inclusive, and section 3 of this act and any provisions made applicable by

5-4  specific statute, the provisions of this chapter do not apply to persons,

5-5  teams, motor vehicles and other equipment while actually engaged in work

5-6  upon the surface of a highway.

5-7    2.  The provisions of this chapter apply to the persons, teams, motor

5-8  vehicles and other equipment described in subsection 1 when traveling to

5-9  or from such work.

5-10    Sec. 5.  NRS 484.3792 is hereby amended to read as follows:

5-11    484.3792  1.  [A] Unless a greater penalty is provided pursuant to

5-12  NRS 484.3795 or section 3 of this act, a person who violates the

5-13  provisions of NRS 484.379:

5-14    (a) For the first offense within 7 years, is guilty of a misdemeanor.

5-15  Unless he is allowed to undergo treatment as provided in NRS 484.37937,

5-16  the court shall:

5-17      (1) Except as otherwise provided in subsection 6, order him to pay

5-18  tuition for an educational course on the abuse of alcohol and controlled

5-19  substances approved by the department and complete the course within the

5-20  time specified in the order, and the court shall notify the department if he

5-21  fails to complete the course within the specified time;

5-22      (2) Unless the sentence is reduced pursuant to NRS 484.37937,

5-23  sentence him to imprisonment for not less than 2 days nor more than 6

5-24  months in jail, or to perform not less than 48 hours, but not more than 96

5-25  hours, of work for the community while dressed in distinctive garb that

5-26  identifies him as having violated the provisions of NRS 484.379; and

5-27      (3) Fine him not less than $400 nor more than $1,000.

5-28    (b) For a second offense within 7 years, is guilty of a misdemeanor.

5-29  Unless the sentence is reduced pursuant to NRS 484.3794, the court:

5-30      (1) Shall sentence him to:

5-31        (I) Imprisonment for not less than 10 days nor more than 6 months

5-32  in jail; or

5-33        (II) Residential confinement for not less than 10 days nor more

5-34  than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive,

5-35  or 5.0755 to 5.078, inclusive;

5-36      (2) Shall fine him not less than $750 nor more than $1,000;

5-37      (3) Shall order him to perform not less than 100 hours, but not more

5-38  than 200 hours, of work for the community while dressed in distinctive

5-39  garb that identifies him as having violated the provisions of NRS 484.379,

5-40  unless the court finds that extenuating circumstances exist; and

5-41      (4) [May] Except as otherwise provided in subsection 6, may order

5-42  him to attend a program of treatment for the abuse of alcohol or drugs

5-43  pursuant to the provisions of NRS 484.37945.

5-44  A person who willfully fails or refuses to complete successfully a term of

5-45  residential confinement or a program of treatment ordered pursuant to this

5-46  paragraph is guilty of a misdemeanor.

5-47    (c) For a third or subsequent offense within 7 years, is guilty of a

5-48  category B felony and shall be punished by imprisonment in the state

5-49  prison for a minimum term of not less than 1 year and a maximum term of

6-1  not more than 6 years, and shall be further punished by a fine of not less

6-2  than $2,000 nor more than $5,000. An offender so imprisoned must,

6-3  insofar as practicable, be segregated from offenders whose crimes were

6-4  violent and, insofar as practicable, be assigned to an institution or facility

6-5  of minimum security.

6-6    2.  An offense that occurred within 7 years immediately preceding the

6-7  date of the principal offense or after the principal offense constitutes a prior

6-8  offense for the purposes of this section when evidenced by a conviction,

6-9  without regard to the sequence of the offenses and convictions. The facts

6-10  concerning a prior offense must be alleged in the complaint, indictment or

6-11  information, must not be read to the jury or proved at trial but must be

6-12  proved at the time of sentencing and, if the principal offense is alleged to

6-13  be a felony, must also be shown at the preliminary examination or

6-14  presented to the grand jury.

6-15    3.  A person convicted of violating the provisions of NRS 484.379

6-16  must not be released on probation, and a sentence imposed for violating

6-17  those provisions must not be suspended except, as provided in NRS 4.373,

6-18  5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

6-19  exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

6-20  a charge of violating the provisions of NRS 484.379 in exchange for a plea

6-21  of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

6-22  any other reason unless he knows or it is obvious that the charge is not

6-23  supported by probable cause or cannot be proved at the time of trial.

6-24    4.  A term of confinement imposed pursuant to the provisions of this

6-25  section may be served intermittently at the discretion of the judge or justice

6-26  of the peace, except that a person who is convicted of a second or

6-27  subsequent offense within 7 years must be confined for at least one

6-28  segment of not less than 48 consecutive hours. This discretion must be

6-29  exercised after considering all the circumstances surrounding the offense,

6-30  and the family and employment of the offender, but any sentence of 30

6-31  days or less must be served within 6 months after the date of conviction or,

6-32  if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

6-33  the suspension of his sentence was revoked, within 6 months after the date

6-34  of revocation. Any time for which the offender is confined must consist of

6-35  not less than 24 consecutive hours.

6-36    5.  Jail sentences simultaneously imposed pursuant to this section and

6-37  NRS 482.456, 483.560 or 485.330 must run consecutively.

6-38    6.  If the person who violated the provisions of NRS 484.379 possesses

6-39  a driver’s license issued by a state other than the State of Nevada and does

6-40  not reside in the State of Nevada, in carrying out the provisions of

6-41  subparagraph (1) of paragraph (a) or subparagraph (4) of paragraph (b) of

6-42  subsection 1, the court shall:

6-43    (a) Order the person to pay tuition for and submit evidence of

6-44  completion of an educational course on the abuse of alcohol and controlled

6-45  substances approved by a governmental agency of the state of his residence

6-46  within the time specified in the order; or

6-47    (b) Order him to complete an educational course by correspondence on

6-48  the abuse of alcohol and controlled substances approved by the department

6-49  within the time specified in the order,

7-1  and the court shall notify the department if the person fails to complete the

7-2  assigned course within the specified time.

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

7-4  of age in the motor vehicle at the time of the violation, the court shall

7-5  consider that fact as an aggravating factor in determining the sentence of

7-6  the defendant.

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

7-8  “offense” means:

7-9    (a) A violation of NRS 484.379 or 484.3795;

7-10    (b) A homicide resulting from driving or being in actual physical

7-11  control of a vehicle while under the influence of intoxicating liquor or a

7-12  controlled substance or resulting from any other conduct prohibited by

7-13  NRS 484.379 or 484.3795; or

7-14    (c) A violation of a law of any other jurisdiction that prohibits the same

7-15  or similar conduct as set forth in paragraph (a) or (b).

7-16    Sec. 6.  NRS 484.37937 is hereby amended to read as follows:

7-17    484.37937  1.  Except as otherwise provided in subsection 2, a person

7-18  who is found guilty of a first violation of NRS 484.379 , other than a

7-19  violation which is punishable pursuant to section 3 of this act, may, at

7-20  that time or any time before he is sentenced, apply to the court to undergo a

7-21  program of treatment for alcoholism or drug abuse which is certified by the

7-22  bureau of alcohol and drug abuse in the department of human resources for

7-23  at least 6 months. The court shall authorize such treatment if:

7-24    (a) The person is diagnosed as an alcoholic or abuser of drugs by:

7-25      (1) An alcohol and drug abuse counselor who is licensed or certified

7-26  pursuant to chapter 641C of NRS to make that diagnosis; or

7-27      (2) A physician who is certified to make that diagnosis by the board

7-28  of medical examiners;

7-29    (b) He agrees to pay the cost of the treatment to the extent of his

7-30  financial resources; and

7-31    (c) He has served or will serve a term of imprisonment in jail of 1 day,

7-32  or has performed or will perform 48 hours of work for the community.

7-33    2.  A person may not apply to the court to undergo a program of

7-34  treatment pursuant to subsection 1 if, within the immediately preceding 7

7-35  years, he has been found guilty of:

7-36    (a) A violation of NRS 484.3795;

7-37    (b) A homicide resulting from driving or being in actual physical

7-38  control of a vehicle while under the influence of intoxicating liquor or a

7-39  controlled substance or resulting from any other conduct prohibited by

7-40  NRS 484.379 or 484.3795; or

7-41    (c) A violation of a law of any other jurisdiction that prohibits the same

7-42  or similar conduct as set forth in paragraph (a) or (b).

7-43    3.  For the purposes of subsection 1, a violation of a law of any other

7-44  jurisdiction that prohibits the same or similar conduct as NRS 484.379

7-45  constitutes a violation of NRS 484.379.

7-46    4.  A prosecuting attorney may, within 10 days after receiving notice of

7-47  an application for treatment pursuant to this section, request a hearing on

7-48  the question of whether the offender is eligible to undergo a program of

7-49  treatment for alcoholism or drug abuse. The court shall order a hearing on

8-1  the application upon the request of the prosecuting attorney or may order a

8-2  hearing on its own motion. The hearing must be limited to the question of

8-3  whether the offender is eligible to undergo such a program of treatment.

8-4    5.  At the hearing on the application for treatment, the prosecuting

8-5  attorney may present the court with any relevant evidence on the matter. If

8-6  a hearing is not held, the court shall decide the matter upon affidavits and

8-7  other information before the court.

8-8    6.  If the court grants an application for treatment, the court shall:

8-9    (a) Immediately sentence the offender and enter judgment accordingly.

8-10    (b) Suspend the sentence of the offender for not more than 3 years upon

8-11  the condition that the offender be accepted for treatment by a treatment

8-12  facility, that he complete the treatment satisfactorily and that he comply

8-13  with any other condition ordered by the court.

8-14    (c) Advise the offender that:

8-15      (1) If he is accepted for treatment by such a facility, he may be placed

8-16  under the supervision of the facility for a period not to exceed 3 years and

8-17  during treatment he may be confined in an institution or, at the discretion

8-18  of the facility, released for treatment or supervised aftercare in the

8-19  community.

8-20      (2) If he is not accepted for treatment by such a facility or he fails to

8-21  complete the treatment satisfactorily, he shall serve the sentence imposed

8-22  by the court. Any sentence of imprisonment must be reduced by a time

8-23  equal to that which he served before beginning treatment.

8-24      (3) If he completes the treatment satisfactorily, his sentence will be

8-25  reduced to a term of imprisonment which is no longer than that provided

8-26  for the offense in paragraph (c) of subsection 1 and a fine of not more than

8-27  the minimum fine provided for the offense in NRS 484.3792, but the

8-28  conviction must remain on his record of criminal history.

8-29    7.  The court shall administer the program of treatment pursuant to the

8-30  procedures provided in NRS 458.320 and 458.330, except that the court:

8-31    (a) Shall not defer the sentence, set aside the conviction or impose

8-32  conditions upon the election of treatment except as otherwise provided in

8-33  this section.

8-34    (b) May immediately revoke the suspension of sentence for a violation

8-35  of any condition of the suspension.

8-36    8.  The court shall notify the department, on a form approved by the

8-37  department, upon granting the application of the offender for treatment and

8-38  his failure to be accepted for or complete treatment.

8-39    Sec. 7.  NRS 484.3794 is hereby amended to read as follows:

8-40    484.3794  1.  Except as otherwise provided in subsection 2, a person

8-41  who is found guilty of a second violation of NRS 484.379 within 7 years ,

8-42  other than a violation which is punishable pursuant to section 3 of this

8-43  act, may, at that time or any time before he is sentenced, apply to the court

8-44  to undergo a program of treatment for alcoholism or drug abuse which is

8-45  certified by the bureau of alcohol and drug abuse in the department of

8-46  human resources for at least 1 year if:

8-47    (a) He is diagnosed as an alcoholic or abuser of drugs by:

8-48      (1) An alcohol and drug abuse counselor who is licensed or certified

8-49  pursuant to chapter 641C of NRS to make that diagnosis; or

9-1       (2) A physician who is certified to make that diagnosis by the board

9-2  of medical examiners;

9-3    (b) He agrees to pay the costs of the treatment to the extent of his

9-4  financial resources; and

9-5    (c) He has served or will serve a term of imprisonment in jail of 5 days,

9-6  and if required pursuant to NRS 484.3792, has performed or will perform

9-7  not less than 50 hours, but not more than 100 hours, of work for the

9-8  community.

9-9    2.  A person may not apply to the court to undergo a program of

9-10  treatment pursuant to subsection 1 if, within the immediately preceding 7

9-11  years, he has been found guilty of:

9-12    (a) A violation of NRS 484.3795;

9-13    (b) A homicide resulting from driving or being in actual physical

9-14  control of a vehicle while under the influence of intoxicating liquor or a

9-15  controlled substance or resulting from any other conduct prohibited by

9-16  NRS 484.379 or 484.3795; or

9-17    (c) A violation of a law of any other jurisdiction that prohibits the same

9-18  or similar conduct as set forth in paragraph (a) or (b).

9-19    3.  For the purposes of subsection 1, a violation of a law of any other

9-20  jurisdiction that prohibits the same or similar conduct as NRS 484.379

9-21  constitutes a violation of NRS 484.379.

9-22    4.  A prosecuting attorney may, within 10 days after receiving notice of

9-23  an application for treatment pursuant to this section, request a hearing on

9-24  the matter. The court shall order a hearing on the application upon the

9-25  request of the prosecuting attorney or may order a hearing on its own

9-26  motion.

9-27    5.  At the hearing on the application for treatment, the prosecuting

9-28  attorney may present the court with any relevant evidence on the matter. If

9-29  a hearing is not held, the court shall decide the matter upon affidavits and

9-30  other information before the court.

9-31    6.  If the court determines that an application for treatment should be

9-32  granted, the court shall:

9-33    (a) Immediately sentence the offender and enter judgment accordingly.

9-34    (b) Suspend the sentence of the offender for not more than 3 years upon

9-35  the condition that the offender be accepted for treatment by a treatment

9-36  facility, that he complete the treatment satisfactorily and that he comply

9-37  with any other condition ordered by the court.

9-38    (c) Advise the offender that:

9-39      (1) If he is accepted for treatment by such a facility, he may be placed

9-40  under the supervision of the facility for a period not to exceed 3 years and

9-41  during treatment he may be confined in an institution or, at the discretion

9-42  of the facility, released for treatment or supervised aftercare in the

9-43  community.

9-44      (2) If he is not accepted for treatment by such a facility or he fails to

9-45  complete the treatment satisfactorily, he shall serve the sentence imposed

9-46  by the court. Any sentence of imprisonment must be reduced by a time

9-47  equal to that which he served before beginning treatment.

9-48      (3) If he completes the treatment satisfactorily, his sentence will be

9-49  reduced to a term of imprisonment which is no longer than that provided

10-1  for the offense in paragraph (c) of subsection 1 and a fine of not more than

10-2  the minimum provided for the offense in NRS 484.3792, but the conviction

10-3  must remain on his record of criminal history.

10-4    7.  The court shall administer the program of treatment pursuant to the

10-5  procedures provided in NRS 458.320 and 458.330, except that the court:

10-6    (a) Shall not defer the sentence, set aside the conviction or impose

10-7  conditions upon the election of treatment except as otherwise provided in

10-8  this section.

10-9    (b) May immediately revoke the suspension of sentence for a violation

10-10  of a condition of the suspension.

10-11  8.  The court shall notify the department, on a form approved by the

10-12  department, upon granting the application of the offender for treatment and

10-13  his failure to be accepted for or complete treatment.

10-14  Sec. 8.  NRS 484.37945 is hereby amended to read as follows:

10-15  484.37945  1.  When a program of treatment is ordered pursuant to

10-16  paragraph (b) of subsection 1 of NRS 484.3792[,] or paragraph (a) or (b)

10-17  of subsection 1 of section 3 of this act, the court shall place the offender

10-18  under the clinical supervision of a treatment facility for treatment for not

10-19  less than 30 days nor more than 6 months, in accordance with the report

10-20  submitted to the court pursuant to subsection 3, 4 or 5 of NRS 484.37943.

10-21  The court may:

10-22  (a) Order the offender confined in a treatment facility, then release the

10-23  offender for supervised aftercare in the community; or

10-24  (b) Release the offender for treatment in the community,

10-25  for the period of supervision ordered by the court.

10-26  2.  The court shall:

10-27  (a) Require the treatment facility to submit monthly progress reports on

10-28  the treatment of an offender pursuant to this section; and

10-29  (b) Order the offender, to the extent of his financial resources, to pay

10-30  any charges for his treatment pursuant to this section. If the offender does

10-31  not have the financial resources to pay all those charges, the court shall, to

10-32  the extent possible, arrange for the offender to obtain his treatment from a

10-33  treatment facility that receives a sufficient amount of federal or state

10-34  money to offset the remainder of the charges.

10-35  3.  A treatment facility is not liable for any damages to person or

10-36  property caused by a person who:

10-37  (a) Drives, operates or is in actual physical control of a vehicle or a

10-38  vessel under power or sail while under the influence of intoxicating liquor

10-39  or a controlled substance; or

10-40  (b) Engages in any other conduct prohibited by NRS 484.379,

10-41  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law

10-42  of any other jurisdiction that prohibits the same or similar conduct,

10-43  after the treatment facility has certified to his successful completion of a

10-44  program of treatment ordered pursuant to paragraph (b) of subsection 1 of

10-45  NRS 484.3792[.] or paragraph (a) or (b) of subsection 1 of section 3 of

10-46  this act.

10-47  Sec. 9.  NRS 484.778 is hereby amended to read as follows:

10-48  484.778  The governing body of each city may enact an ordinance

10-49  adopting the penalties set forth for misdemeanors in NRS 484.3792 and

11-1  section 3 of this act for similar offenses [under] pursuant to a city

11-2  ordinance.

11-3    Sec. 10.  The amendatory provisions of this act do not apply to

11-4  offenses committed before October 1, 2001.

 

11-5  H