Assembly Bill No. 464–Assemblymen Williams, Cegavske, Leslie, Manendo, Parks, Anderson, Arberry, Brower, Freeman, Gibbons, Giunchigliani, Goldwater, Hettrick, Koivisto, Lee, McClain, Nolan, Oceguera, Parnell, Smith and Von Tobel

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides increased penalties for fourth or subsequent offense for operating vehicle while under influence of intoxicating liquor or controlled substance. (BDR 43‑205)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    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 substances causing impairment; providing an increased penalty for a conviction of a fourth or subsequent offense within 14 years for operating a vehicle while under the influence of an intoxicating liquor or controlled substance; providing that any subsequent violation after 14 years is treated as a felony; providing penalties; 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 483.460 is hereby amended to read as follows:

1-2    483.460  1.  Except as otherwise provided by specific statute, the

1-3  department shall revoke the license, permit or privilege of any driver upon

1-4  receiving a record of his conviction of any of the following offenses, when

1-5  that conviction has become final, and the driver is not eligible for a license,

1-6  permit or privilege to drive for the period indicated:

1-7    (a) For a period of 3 years if the offense is:

1-8       (1) A violation of subsection 2 of NRS 484.377 ; [.]

1-9       (2) A third [or subsequent] violation of NRS 484.379 within 7 years ;

1-10  [of NRS 484.379.]

1-11      (3) A fourth or subsequent violation of NRS 484.379 within 14

1-12  years;

1-13      (4) A violation of NRS 484.379 that is punishable pursuant to

1-14  subsection 2 of NRS 484.3792; or

2-1       (5) A violation of NRS 484.3795 or a homicide resulting from

2-2  driving or being in actual physical control of a vehicle while under the

2-3  influence of intoxicating liquor or a controlled substance or resulting from

2-4  any other conduct prohibited by NRS 484.379 or 484.3795.

2-5  The period during which such a driver is not eligible for a license, permit

2-6  or privilege to drive must be set aside during any period of imprisonment ,

2-7  and the period of revocation must resume upon completion of the period of

2-8  imprisonment or when the person is placed on residential confinement.

2-9    (b) For a period of 1 year if the offense is:

2-10      (1) Any other manslaughter resulting from the driving of a motor

2-11  vehicle or felony in the commission of which a motor vehicle is used,

2-12  including the unlawful taking of a motor vehicle.

2-13      (2) Failure to stop and render aid as required pursuant to the laws of

2-14  this state in the event of a motor vehicle accident resulting in the death or

2-15  bodily injury of another.

2-16      (3) Perjury or the making of a false affidavit or statement under oath

2-17  to the department pursuant to NRS 483.010 to 483.630, inclusive, or

2-18  pursuant to any other law relating to the ownership or driving of motor

2-19  vehicles.

2-20      (4) Conviction, or forfeiture of bail not vacated, upon three charges

2-21  of reckless driving committed within a period of 12 months.

2-22      (5) A second violation of NRS 484.379 within 7 years [of NRS

2-23  484.379] , unless the violation is punishable pursuant to subsection 2 of

2-24  NRS 484.3792 and the driver is not eligible for a restricted license during

2-25  any of that period.

2-26      (6) A violation of NRS 484.348.

2-27    (c) For a period of 90 days, if the offense is a first violation of NRS

2-28  484.379 within 7 years [of NRS 484.379.] , unless the violation is

2-29  punishable pursuant to subsection 2 of NRS 484.3792.

2-30    2.  The department shall revoke the license, permit or privilege of a

2-31  driver convicted of violating NRS 484.379 who fails to complete the

2-32  educational course on the use of alcohol and controlled substances within

2-33  the time ordered by the court and shall add a period of 90 days during

2-34  which the driver is not eligible for a license, permit or privilege to drive.

2-35    3.  When the department is notified by a court that a person who has

2-36  been convicted of a first violation of NRS 484.379 within 7 years [of NRS

2-37  484.379] has been permitted to enter a program of treatment pursuant to

2-38  NRS 484.37937, the department shall reduce by one-half the period during

2-39  which he is not eligible for a license, permit or privilege to drive, but shall

2-40  restore that reduction in time if notified that he was not accepted for or

2-41  failed to complete the treatment.

2-42    4.  The department shall revoke the license, permit or privilege to drive

2-43  of a person who is required to install a device pursuant to NRS 484.3943

2-44  but who operates a motor vehicle without such a device:

2-45    (a) For 3 years, if it is his first such offense during the period of

2-46  required use of the device.

2-47    (b) For 5 years, if it is his second such offense during the period of

2-48  required use of the device.

3-1    5.  A driver whose license, permit or privilege is revoked pursuant to

3-2  subsection 4 is not eligible for a restricted license during the period set

3-3  forth in paragraph (a) or (b) of that subsection, whichever applies.

3-4    6.  In addition to any other requirements set forth by specific statute, if

3-5  the department is notified that a court has ordered the revocation,

3-6  suspension or delay in the issuance of a license pursuant to chapter 62 of

3-7  NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision

3-8  of law, the department shall take such actions as are necessary to carry out

3-9  the court’s order.

3-10    7.  As used in this section, “device” has the meaning ascribed to it in

3-11  NRS 484.3941.

3-12    Sec. 2.  NRS 483.490 is hereby amended to read as follows:

3-13    483.490  1.  Except as otherwise provided in this section, after a

3-14  driver’s license has been suspended or revoked for an offense other than a

3-15  second violation of NRS 484.379 within 7 years [of NRS 484.379] , unless

3-16  the second violation is a violation that is punishable pursuant to

3-17  subsection 2 of NRS 484.3792, and one-half of the period during which the

3-18  driver is not eligible for a license has expired, the department may, unless

3-19  the statute authorizing the suspension prohibits the issuance of a restricted

3-20  license, issue a restricted driver’s license to an applicant permitting the

3-21  applicant to drive a motor vehicle:

3-22    (a) To and from work or in the course of his work, or both; or

3-23    (b) To acquire supplies of medicine or food or receive regularly

3-24  scheduled medical care for himself or a member of his immediate
family.

3-25  Before a restricted license may be issued, the applicant must submit

3-26  sufficient documentary evidence to satisfy the department that a severe

3-27  hardship exists because the applicant has no alternative means of

3-28  transportation and that the severe hardship outweighs the risk to the public

3-29  if he is issued a restricted license.

3-30    2.  A person who has been ordered to install a device in a motor vehicle

3-31  pursuant to NRS 484.3943:

3-32    (a) Shall install the device not later than 21 days after the date on which

3-33  the order was issued; and

3-34    (b) May not receive a restricted license pursuant to this section until:

3-35      (1) After at least 1 year of the period during which he is not eligible

3-36  for a license, if he was convicted of:

3-37        (I) A violation of NRS 484.3795 or a homicide resulting from

3-38  driving or being in actual physical control of a vehicle while under the

3-39  influence of intoxicating liquor or a controlled substance or resulting from

3-40  any other conduct prohibited by NRS 484.379 or 484.3795; [or]

3-41        (II) A third [or subsequent] violation of NRS 484.379 within 7

3-42  years [of NRS 484.379;] ;

3-43        (III) A fourth or subsequent violation of NRS 484.379 within 14

3-44  years; or

3-45        (IV) A violation of NRS 484.379 that is punishable pursuant to

3-46  subsection 2 of NRS 484.3792;

4-1       (2) After at least 180 days of the period during which he is not

4-2  eligible for a license, if he was convicted of a violation of subsection 2 of

4-3  NRS 484.377; or

4-4       (3) After at least 45 days of the period during which he is not eligible

4-5  for a license, if he was convicted of a first violation of NRS 484.379 within

4-6  7 years . [of NRS 484.379.]

4-7    3.  If the department has received a copy of an order requiring a person

4-8  to install a device in a motor vehicle pursuant to NRS 484.3943, the

4-9  department shall not issue a restricted driver’s license to such a person

4-10  pursuant to this section unless the applicant has submitted proof of

4-11  compliance with the order and subsection 2.

4-12    4.  After a driver’s license has been revoked pursuant to subsection 1 of

4-13  NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

4-14  NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

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

4-16  drive a motor vehicle:

4-17    (a) If applicable, to and from work or in the course of his work, or both;

4-18  and

4-19    (b) If applicable, to and from school.

4-20    5.  After a driver’s license has been suspended pursuant to NRS

4-21  483.443, the department may issue a restricted driver’s license to an

4-22  applicant permitting the applicant to drive a motor vehicle:

4-23    (a) If applicable, to and from work or in the course of his work, or both;

4-24    (b) To receive regularly scheduled medical care for himself or a

4-25  member of his immediate family; and

4-26    (c) If applicable, as necessary to exercise a court-ordered right to visit a

4-27  child.

4-28    6.  A driver who violates a condition of a restricted license issued

4-29  pursuant to subsection 1 or by another jurisdiction is guilty of a

4-30  misdemeanor and, if the license of the driver was suspended or revoked

4-31  for:

4-32    (a) A violation of NRS 484.379, 484.3795 or 484.384;

4-33    (b) A homicide resulting from driving or being in actual physical

4-34  control of a vehicle while under the influence of intoxicating liquor or a

4-35  controlled substance or resulting from any other conduct prohibited by

4-36  NRS 484.379 or 484.3795; or

4-37    (c) A violation of a law of any other jurisdiction that prohibits the same

4-38  or similar conduct as set forth in paragraph (a) or (b),

4-39  the driver shall be punished in the manner provided pursuant to subsection

4-40  2 of NRS 483.560.

4-41    7.  The periods of suspensions and revocations required pursuant to this

4-42  chapter and NRS 484.384 must run consecutively, except as otherwise

4-43  provided in NRS 483.465 and 483.475, when the suspensions must run

4-44  concurrently.

4-45    8.  Whenever the department suspends or revokes a license, the period

4-46  of suspension, or of ineligibility for a license after the revocation, begins

4-47  upon the effective date of the revocation or suspension as contained in the

4-48  notice thereof.

 

5-1    Sec. 3.  NRS 484.3792 is hereby amended to read as follows:

5-2    484.3792  1.  [A] Except as otherwise provided in subsection 2, a

5-3  person who violates the provisions of NRS 484.379:

5-4    (a) For the first offense within 7 years, is guilty of a misdemeanor.

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

5-6  the court shall:

5-7       (1) Except as otherwise provided in subsection [6,] 7, order him to

5-8  pay tuition for an educational course on the abuse of alcohol and controlled

5-9  substances approved by the department and complete the course within the

5-10  time specified in the order, and the court shall notify the department if he

5-11  fails to complete the course within the specified time;

5-12      (2) Unless the sentence is reduced pursuant to NRS 484.37937,

5-13  sentence him to imprisonment for not less than 2 days nor more than 6

5-14  months in jail, or to perform not less than 48 hours, but not more than 96

5-15  hours, of work for the community while dressed in distinctive garb that

5-16  identifies him as having violated the provisions of NRS 484.379; and

5-17      (3) Fine him not less than $400 nor more than $1,000.

5-18    (b) For a second offense within 7 years, is guilty of a misdemeanor.

5-19  Unless the sentence is reduced pursuant to NRS 484.3794, the court:

5-20      (1) Shall sentence him to:

5-21        (I) Imprisonment for not less than 10 days nor more than 6 months

5-22  in jail; or

5-23        (II) Residential confinement for not less than 10 days nor more

5-24  than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive,

5-25  or 5.0755 to 5.078, inclusive;

5-26      (2) Shall fine him not less than $750 nor more than $1,000;

5-27      (3) Shall order him to perform not less than 100 hours, but not more

5-28  than 200 hours, of work for the community while dressed in distinctive

5-29  garb that identifies him as having violated the provisions of NRS 484.379,

5-30  unless the court finds that extenuating circumstances exist; and

5-31      (4) May order him to attend a program of treatment for the abuse of

5-32  alcohol or drugs pursuant to the provisions of NRS 484.37945.

5-33  A person who willfully fails or refuses to complete successfully a term of

5-34  residential confinement or a program of treatment ordered pursuant to this

5-35  paragraph is guilty of a misdemeanor.

5-36    (c) For a third [or subsequent] offense within 7 years, is guilty of a

5-37  category B felony and shall be punished by imprisonment in the state

5-38  prison for a minimum term of not less than 1 year and a maximum term of

5-39  not more than 6 years, and shall be further punished by a fine of not less

5-40  than $2,000 nor more than $5,000. An offender so imprisoned must,

5-41  insofar as practicable, be segregated from offenders whose crimes were

5-42  violent and, insofar as practicable, be assigned to an institution or facility

5-43  of minimum security.

5-44    (d) For a fourth or subsequent offense within 14 years, is guilty of a

5-45  category B felony and shall be punished by imprisonment in the state

5-46  prison for a minimum term of not less than 2 years and a maximum term

5-47  of not more than 10 years, and shall be further punished by a fine of not

5-48  less than $2,000 nor more than $5,000. An offender so imprisoned must,

5-49  insofar as practicable, be segregated from offenders whose crimes were

6-1  violent and, insofar as practicable, be assigned to an institution or facility

6-2  of minimum security.

6-3    2.  Unless a greater penalty is provided in paragraph (d) of subsection

6-4  1 or NRS 484.3795, a person who has previously been convicted of:

6-5    (a) A felony pursuant to this section;

6-6    (b) A violation of NRS 484.3795;

6-7    (c) A homicide resulting from driving or being in actual physical

6-8  control of a vehicle while under the influence of intoxicating liquor or a

6-9  controlled substance or resulting from any other conduct prohibited by

6-10  NRS 484.379 or 484.3795; or

6-11    (d) A violation of a law of any other jurisdiction that prohibits the

6-12  same or similar conduct as set forth in paragraph (a), (b) or (c),

6-13  and who violates the provisions of NRS 484.379 is guilty of a category B

6-14  felony and shall be punished by imprisonment in the state prison for a

6-15  minimum term of not less than 1 year and a maximum term of not more

6-16  than 6 years, and shall be further punished by a fine of not less than

6-17  $2,000 nor more than $5,000. An offender so imprisoned must, insofar as

6-18  practicable, be segregated from offenders whose crimes were violent and,

6-19  insofar as practicable, be assigned to an institution or facility of

6-20  minimum security.

6-21    3.  An offense that occurred within 7 or 14 years , as applicable,

6-22  immediately preceding the date of the principal offense or after the

6-23  principal offense constitutes a prior offense for the purposes of this section

6-24  when evidenced by a conviction, without regard to the sequence of the

6-25  offenses and convictions. The facts concerning a prior offense must be

6-26  alleged in the complaint, indictment or information, must not be read to the

6-27  jury or proved at trial but must be proved at the time of sentencing and, if

6-28  the principal offense is alleged to be a felony, must also be shown at the

6-29  preliminary examination or presented to the grand jury.

6-30    [3.] 4. A person convicted of violating the provisions of NRS 484.379

6-31  must not be released on probation, and a sentence imposed for violating

6-32  those provisions must not be suspended except, as provided in NRS 4.373,

6-33  5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

6-34  exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

6-35  a charge of violating the provisions of NRS 484.379 in exchange for a plea

6-36  of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

6-37  any other reason unless he knows or it is obvious that the charge is not

6-38  supported by probable cause or cannot be proved at the time of trial.

6-39    [4.] 5. A term of confinement imposed pursuant to the provisions of

6-40  this section may be served intermittently at the discretion of the judge or

6-41  justice of the peace, except that a person who is convicted of a second or

6-42  subsequent offense within 7 years must be confined for at least one

6-43  segment of not less than 48 consecutive hours. This discretion must be

6-44  exercised after considering all the circumstances surrounding the offense,

6-45  and the family and employment of the offender, but any sentence of 30

6-46  days or less must be served within 6 months after the date of conviction or,

6-47  if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

6-48  the suspension of his sentence was revoked, within 6 months after the date

7-1  of revocation. Any time for which the offender is confined must consist of

7-2  not less than 24 consecutive hours.

7-3    [5.] 6. Jail sentences simultaneously imposed pursuant to this section

7-4  and NRS 482.456, 483.560 or 485.330 must run consecutively.

7-5    [6.] 7. If the person who violated the provisions of NRS 484.379

7-6  possesses a driver’s license issued by a state other than the State of Nevada

7-7  and does not reside in the State of Nevada, in carrying out the provisions of

7-8  subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

7-9    (a) Order the person to pay tuition for and submit evidence of

7-10  completion of an educational course on the abuse of alcohol and controlled

7-11  substances approved by a governmental agency of the state of his residence

7-12  within the time specified in the order; or

7-13    (b) Order him to complete an educational course by correspondence on

7-14  the abuse of alcohol and controlled substances approved by the department

7-15  within the time specified in the order,

7-16  and the court shall notify the department if the person fails to complete the

7-17  assigned course within the specified time.

7-18    [7.] 8. If the defendant was transporting a person who is less than 15

7-19  years of age in the motor vehicle at the time of the violation, the court shall

7-20  consider that fact as an aggravating factor in determining the sentence of

7-21  the defendant.

7-22    [8.] 9. As used in this section, unless the context otherwise requires,

7-23  “offense” means:

7-24    (a) A violation of NRS 484.379 or 484.3795;

7-25    (b) A homicide resulting from driving or being in actual physical

7-26  control of a vehicle while under the influence of intoxicating liquor or a

7-27  controlled substance or resulting from any other conduct prohibited by

7-28  NRS 484.379 or 484.3795; or

7-29    (c) A violation of a law of any other jurisdiction that prohibits the same

7-30  or similar conduct as set forth in paragraph (a) or (b).

7-31    Sec. 4.  NRS 484.37937 is hereby amended to read as follows:

7-32    484.37937  1.  Except as otherwise provided in subsection 2, a person

7-33  who is found guilty of a first violation of NRS 484.379 may, at that time or

7-34  any time before he is sentenced, apply to the court to undergo a program of

7-35  treatment for alcoholism or drug abuse which is certified by the bureau of

7-36  alcohol and drug abuse in the department of human resources for at least 6

7-37  months. The court shall authorize such treatment if:

7-38    (a) The person is diagnosed as an alcoholic or abuser of drugs by:

7-39      (1) An alcohol and drug abuse counselor who is licensed or certified

7-40  pursuant to chapter 641C of NRS to make that diagnosis; or

7-41      (2) A physician who is certified to make that diagnosis by the board

7-42  of medical examiners;

7-43    (b) He agrees to pay the cost of the treatment to the extent of his

7-44  financial resources; and

7-45    (c) He has served or will serve a term of imprisonment in jail of 1 day,

7-46  or has performed or will perform 48 hours of work for the community.

7-47    2.  A person may not apply to the court to undergo a program of

7-48  treatment pursuant to subsection 1 if[, within the immediately preceding 7

7-49  years,] he has been found guilty of:

8-1    (a) A felony pursuant to NRS 484.3792;

8-2    (b) A violation of NRS 484.3795;

8-3    [(b)] (c) A homicide resulting from driving or being in actual physical

8-4  control of a vehicle while under the influence of intoxicating liquor or a

8-5  controlled substance or resulting from any other conduct prohibited by

8-6  NRS 484.379 or 484.3795; or

8-7    [(c)] (d) A violation of a law of any other jurisdiction that prohibits the

8-8  same or similar conduct as set forth in paragraph (a) [or (b).] , (b) or (c).

8-9    3.  For the purposes of subsection 1, a violation of a law of any other

8-10  jurisdiction that prohibits the same or similar conduct as NRS 484.379

8-11  constitutes a violation of NRS 484.379.

8-12    4.  A prosecuting attorney may, within 10 days after receiving notice of

8-13  an application for treatment pursuant to this section, request a hearing on

8-14  the question of whether the offender is eligible to undergo a program of

8-15  treatment for alcoholism or drug abuse. The court shall order a hearing on

8-16  the application upon the request of the prosecuting attorney or may order a

8-17  hearing on its own motion. The hearing must be limited to the question of

8-18  whether the offender is eligible to undergo such a program of treatment.

8-19    5.  At the hearing on the application for treatment, the prosecuting

8-20  attorney may present the court with any relevant evidence on the matter. If

8-21  a hearing is not held, the court shall decide the matter upon affidavits and

8-22  other information before the court.

8-23    6.  If the court grants an application for treatment, the court shall:

8-24    (a) Immediately sentence the offender and enter judgment accordingly.

8-25    (b) Suspend the sentence of the offender for not more than 3 years upon

8-26  the condition that the offender be accepted for treatment by a treatment

8-27  facility, that he complete the treatment satisfactorily and that he comply

8-28  with any other condition ordered by the court.

8-29    (c) Advise the offender that:

8-30      (1) If he is accepted for treatment by such a facility, he may be placed

8-31  under the supervision of the facility for a period not to exceed 3 years and

8-32  during treatment he may be confined in an institution or, at the discretion

8-33  of the facility, released for treatment or supervised aftercare in the

8-34  community.

8-35      (2) If he is not accepted for treatment by such a facility or he fails to

8-36  complete the treatment satisfactorily, he shall serve the sentence imposed

8-37  by the court. Any sentence of imprisonment must be reduced by a time

8-38  equal to that which he served before beginning treatment.

8-39      (3) If he completes the treatment satisfactorily, his sentence will be

8-40  reduced to a term of imprisonment which is no longer than that provided

8-41  for the offense in paragraph (c) of subsection 1 and a fine of not more than

8-42  the minimum fine provided for the offense in NRS 484.3792, but the

8-43  conviction must remain on his record of criminal history.

8-44    7.  The court shall administer the program of treatment pursuant to the

8-45  procedures provided in NRS 458.320 and 458.330, except that the court:

8-46    (a) Shall not defer the sentence, set aside the conviction or impose

8-47  conditions upon the election of treatment except as otherwise provided in

8-48  this section.

9-1    (b) May immediately revoke the suspension of sentence for a violation

9-2  of any condition of the suspension.

9-3    8.  The court shall notify the department, on a form approved by the

9-4  department, upon granting the application of the offender for treatment and

9-5  his failure to be accepted for or complete treatment.

9-6    Sec. 5.  NRS 484.3794 is hereby amended to read as follows:

9-7    484.3794  1.  Except as otherwise provided in subsection 2, a person

9-8  who is found guilty of a second violation of NRS 484.379 within 7 years

9-9  may, at that time or any time before he is sentenced, apply to the court to

9-10  undergo a program of treatment for alcoholism or drug abuse which is

9-11  certified by the bureau of alcohol and drug abuse in the department of

9-12  human resources for at least 1 year if:

9-13    (a) He is diagnosed as an alcoholic or abuser of drugs by:

9-14      (1) An alcohol and drug abuse counselor who is licensed or certified

9-15  pursuant to chapter 641C of NRS to make that diagnosis; or

9-16      (2) A physician who is certified to make that diagnosis by the board

9-17  of medical examiners;

9-18    (b) He agrees to pay the costs of the treatment to the extent of his

9-19  financial resources; and

9-20    (c) He has served or will serve a term of imprisonment in jail of 5 days,

9-21  and if required pursuant to NRS 484.3792, has performed or will perform

9-22  not less than 50 hours, but not more than 100 hours, of work for the

9-23  community.

9-24    2.  A person may not apply to the court to undergo a program of

9-25  treatment pursuant to subsection 1 if[, within the immediately preceding 7

9-26  years,] he previously has been found guilty of:

9-27    (a) A felony pursuant to NRS 484.3792;

9-28    (b) A violation of NRS 484.3795;

9-29    [(b)] (c) A homicide resulting from driving or being in actual physical

9-30  control of a vehicle while under the influence of intoxicating liquor or a

9-31  controlled substance or resulting from any other conduct prohibited by

9-32  NRS 484.379 or 484.3795; or

9-33    [(c)] (d) A violation of a law of any other jurisdiction that prohibits the

9-34  same or similar conduct as set forth in paragraph (a) [or (b).] , (b) or (c).

9-35    3.  For the purposes of subsection 1, a violation of a law of any other

9-36  jurisdiction that prohibits the same or similar conduct as NRS 484.379

9-37  constitutes a violation of NRS 484.379.

9-38    4.  A prosecuting attorney may, within 10 days after receiving notice of

9-39  an application for treatment pursuant to this section, request a hearing on

9-40  the matter. The court shall order a hearing on the application upon the

9-41  request of the prosecuting attorney or may order a hearing on its own

9-42  motion.

9-43    5.  At the hearing on the application for treatment, the prosecuting

9-44  attorney may present the court with any relevant evidence on the matter. If

9-45  a hearing is not held, the court shall decide the matter upon affidavits and

9-46  other information before the court.

9-47    6.  If the court determines that an application for treatment should be

9-48  granted, the court shall:

9-49    (a) Immediately sentence the offender and enter judgment accordingly.

10-1    (b) Suspend the sentence of the offender for not more than 3 years upon

10-2  the condition that the offender be accepted for treatment by a treatment

10-3  facility, that he complete the treatment satisfactorily and that he comply

10-4  with any other condition ordered by the court.

10-5    (c) Advise the offender that:

10-6      (1) If he is accepted for treatment by such a facility, he may be placed

10-7  under the supervision of the facility for a period not to exceed 3 years and

10-8  during treatment he may be confined in an institution or, at the discretion

10-9  of the facility, released for treatment or supervised aftercare in the

10-10  community.

10-11     (2) If he is not accepted for treatment by such a facility or he fails to

10-12  complete the treatment satisfactorily, he shall serve the sentence imposed

10-13  by the court. Any sentence of imprisonment must be reduced by a time

10-14  equal to that which he served before beginning treatment.

10-15     (3) If he completes the treatment satisfactorily, his sentence will be

10-16  reduced to a term of imprisonment which is no longer than that provided

10-17  for the offense in paragraph (c) of subsection 1 and a fine of not more than

10-18  the minimum provided for the offense in NRS 484.3792, but the conviction

10-19  must remain on his record of criminal history.

10-20  7.  The court shall administer the program of treatment pursuant to the

10-21  procedures provided in NRS 458.320 and 458.330, except that the court:

10-22  (a) Shall not defer the sentence, set aside the conviction or impose

10-23  conditions upon the election of treatment except as otherwise provided in

10-24  this section.

10-25  (b) May immediately revoke the suspension of sentence for a violation

10-26  of a condition of the suspension.

10-27  8.  The court shall notify the department, on a form approved by the

10-28  department, upon granting the application of the offender for treatment and

10-29  his failure to be accepted for or complete treatment.

10-30  Sec. 6.  NRS 484.37943 is hereby amended to read as follows:

10-31  484.37943  1.  [If] Except as otherwise provided in subsection 3, if a

10-32  person is found guilty of a first violation, if the concentration of alcohol in

10-33  the defendant’s blood or breath at the time of the offense was 0.18 or more,

10-34  or any second violation of NRS 484.379 within 7 years, the court shall,

10-35  before sentencing the offender, require an evaluation of the offender

10-36  pursuant to subsection [3, 4 or 5] 4, 5 or 6 to determine whether he is an

10-37  abuser of alcohol or other drugs.

10-38  2.  [If] Except as otherwise provided in subsection 3, if a person is

10-39  convicted of a first violation of NRS 484.379 and he is under 21 years of

10-40  age at the time of the violation, the court shall, before sentencing the

10-41  offender, require an evaluation of the offender pursuant to subsection [3, 4

10-42  or 5] 4, 5 or 6 to determine whether he is an abuser of alcohol or other

10-43  drugs.

10-44  3.  The court shall not require an evaluation of an offender pursuant

10-45  to subsection 4, 5 or 6 if the offender has previously been found guilty of:

10-46  (a) A felony pursuant to NRS 484.3792;

10-47  (b) A violation of NRS 484.3795;

11-1    (c) A homicide resulting from driving or being in actual physical

11-2  control of a vehicle while under the influence of intoxicating liquor or a

11-3  controlled substance; or

11-4    (d) A violation of a law of any other jurisdiction that prohibits the

11-5  same or similar conduct as set forth in paragraph (a), (b) or (c).

11-6    4.  Except as otherwise provided in subsection [4 or 5,] 5 or 6, the

11-7  evaluation of an offender pursuant to this section must be conducted at an

11-8  evaluation center by:

11-9    (a) An alcohol and drug abuse counselor who is licensed or certified

11-10  pursuant to chapter 641C of NRS to make that evaluation; or

11-11  (b) A physician who is certified to make that evaluation by the board of

11-12  medical examiners,

11-13  who shall report to the court the results of the evaluation and make a

11-14  recommendation to the court concerning the length and type of treatment

11-15  required for the offender.

11-16  [4.] 5. The evaluation of an offender who resides more than 30 miles

11-17  from an evaluation center may be conducted outside an evaluation center

11-18  by a person who has the qualifications set forth in subsection [3.] 4. The

11-19  person who conducts the evaluation shall report to the court the results of

11-20  the evaluation and make a recommendation to the court concerning the

11-21  length and type of treatment required for the offender.

11-22  [5.] 6. The evaluation of an offender who resides in another state may,

11-23  upon approval of the court, be conducted in the state where the offender

11-24  resides by a physician or other person who is authorized by the appropriate

11-25  governmental agency in that state to conduct such an evaluation. The

11-26  offender shall ensure that the results of the evaluation and the

11-27  recommendation concerning the length and type of treatment for the

11-28  offender are reported to the court.

11-29  [6.] 7. An offender who is evaluated pursuant to this section shall pay

11-30  the cost of the evaluation. An evaluation center or a person who conducts

11-31  an evaluation in this state outside an evaluation center shall not charge an

11-32  offender more than $100 for the evaluation.

11-33  Sec. 7.  NRS 484.37945 is hereby amended to read as follows:

11-34  484.37945  1.  When a program of treatment is ordered pursuant to

11-35  paragraph (b) of subsection 1 of NRS 484.3792, the court shall place the

11-36  offender under the clinical supervision of a treatment facility for treatment

11-37  for not less than 30 days nor more than 6 months, in accordance with the

11-38  report submitted to the court pursuant to subsection [3, 4 or 5] 4, 5 or 6 of

11-39  NRS 484.37943. The court may:

11-40  (a) Order the offender confined in a treatment facility, then release the

11-41  offender for supervised aftercare in the community; or

11-42  (b) Release the offender for treatment in the community,

11-43  for the period of supervision ordered by the court.

11-44  2.  The court shall:

11-45  (a) Require the treatment facility to submit monthly progress reports on

11-46  the treatment of an offender pursuant to this section; and

11-47  (b) Order the offender, to the extent of his financial resources, to pay

11-48  any charges for his treatment pursuant to this section. If the offender does

11-49  not have the financial resources to pay all those charges, the court shall, to

12-1  the extent possible, arrange for the offender to obtain his treatment from a

12-2  treatment facility that receives a sufficient amount of federal or state

12-3  money to offset the remainder of the charges.

12-4    3.  A treatment facility is not liable for any damages to person or

12-5  property caused by a person who:

12-6    (a) Drives, operates or is in actual physical control of a vehicle or a

12-7  vessel under power or sail while under the influence of intoxicating liquor

12-8  or a controlled substance; or

12-9    (b) Engages in any other conduct prohibited by NRS 484.379,

12-10  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law

12-11  of any other jurisdiction that prohibits the same or similar
conduct,

12-12  after the treatment facility has certified to his successful completion of a

12-13  program of treatment ordered pursuant to paragraph (b) of subsection 1 of

12-14  NRS 484.3792.

12-15  Sec. 8.  NRS 484.3796 is hereby amended to read as follows:

12-16  484.3796  1.  Before sentencing an offender pursuant to NRS

12-17  484.3795 , [or] paragraph (c) or (d) of subsection 1 of NRS 484.3792[,] or

12-18  subsection 2 of NRS 484.3792, the court shall require that the offender be

12-19  evaluated to determine whether he is an abuser of alcohol or drugs and

12-20  whether he can be treated successfully for his condition.

12-21  2.  The evaluation must be conducted by:

12-22  (a) An alcohol and drug abuse counselor who is licensed or certified

12-23  pursuant to chapter 641C of NRS to make such an evaluation;

12-24  (b) A physician who is certified to make such an evaluation by the

12-25  board of medical examiners; or

12-26  (c) A psychologist who is certified to make such an evaluation by the

12-27  board of psychological examiners.

12-28  3.  The alcohol and drug abuse counselor, physician or psychologist

12-29  who conducts the evaluation shall immediately forward the results of the

12-30  evaluation to the director of the department of prisons.

12-31  Sec. 9.  NRS 484.37975 is hereby amended to read as follows:

12-32  484.37975  1.  If a person is convicted of a second or subsequent

12-33  violation of NRS 484.379 or 484.3795 within 7 years, or if a person has

12-34  previously been found guilty of a felony pursuant to NRS 484.3792, the

12-35  court shall issue an order directing the department to suspend the

12-36  registration of each motor vehicle that is registered to or owned by the

12-37  person for 5 days.

12-38  2.  If a court issues an order directing the department to suspend the

12-39  registration of a motor vehicle pursuant to subsection 1, the court shall

12-40  forward a copy of the order to the department within 5 days after issuing

12-41  the order. The order must include, without limitation, information

12-42  concerning each motor vehicle that is registered to or owned by the person,

12-43  including, without limitation, the registration number of the motor vehicle,

12-44  if such information is available.

12-45  3.  A court shall provide for limited exceptions to the provisions of

12-46  subsection 1 on an individual basis to avoid undue hardship to a person

12-47  other than the person to whom that provision applies. Such an exception

12-48  must be provided if the court determines that:

13-1    (a) A member of the immediate family of the person whose registration

13-2  is suspended needs to use the motor vehicle:

13-3      (1) To travel to or from work or in the course and scope of his

13-4  employment;

13-5      (2) To obtain medicine, food or other necessities or to obtain health

13-6  care services for himself or another member of his immediate family; or

13-7      (3) To transport himself or another member of his immediate family

13-8  to or from school; or

13-9    (b) An alternative means of transportation is not available to a member

13-10  of the immediate family of the person whose registration is suspended.

13-11  Sec. 10.  NRS 484.383 is hereby amended to read as follows:

13-12  484.383  1.  Except as otherwise provided in subsections 3 and 4, any

13-13  person who drives or is in actual physical control of a vehicle on a highway

13-14  or on premises to which the public has access shall be deemed to have

13-15  given his consent to an evidentiary test of his blood, urine, breath or other

13-16  bodily substance to determine the concentration of alcohol in of his blood

13-17  or breath or to determine whether a controlled substance, chemical, poison,

13-18  organic solvent or another prohibited substance is present, if such a test is

13-19  administered at the direction of a police officer having reasonable grounds

13-20  to believe that the person to be tested was:

13-21  (a) Driving or in actual physical control of a vehicle while under the

13-22  influence of intoxicating liquor or a controlled substance; or

13-23  (b) Engaging in any other conduct prohibited by NRS 484.379 or

13-24  484.3795.

13-25  2.  If the person to be tested pursuant to subsection 1 is dead or

13-26  unconscious, the officer shall direct that samples of blood from the person

13-27  be tested.

13-28  3.  Any person who is afflicted with hemophilia or with a heart

13-29  condition requiring the use of an anticoagulant as determined by a

13-30  physician is exempt from any blood test which may be required pursuant to

13-31  this section but must, when appropriate pursuant to the provisions of this

13-32  section, be required to submit to a breath or urine test.

13-33  4.  If the concentration of alcohol in the blood or breath of the person to

13-34  be tested is in issue:

13-35  (a) Except as otherwise provided in this section, the person may refuse

13-36  to submit to a blood test if means are reasonably available to perform a

13-37  breath test.

13-38  (b) The person may request a blood test, but if means are reasonably

13-39  available to perform a breath test when the blood test is requested, and the

13-40  person is subsequently convicted, he must pay for the cost of the blood test,

13-41  including the fees and expenses of witnesses in court.

13-42  (c) A police officer may direct the person to submit to a blood test if the

13-43  officer has reasonable grounds to believe that the person:

13-44     (1) Caused death or substantial bodily harm to another person as a

13-45  result of driving or being in actual physical control of a vehicle while under

13-46  the influence of intoxicating liquor or a controlled substance or as a result

13-47  of engaging in any other conduct prohibited by NRS 484.379 or 484.3795;

13-48  [or]

13-49     (2) Has been convicted within the previous 7 years of:

14-1        (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

14-2  488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

14-3  prohibits the same or similar conduct; or

14-4        (II) Any other offense in this state or another jurisdiction in which

14-5  death or substantial bodily harm to another person resulted from conduct

14-6  prohibited by a law set forth in sub-subparagraph (I)[.] ; or

14-7      (3) Has previously been found guilty of a felony pursuant to NRS

14-8  484.3792 or a law of another jurisdiction that prohibits the same or

14-9  similar conduct.

14-10  5.  If the presence of a controlled substance, chemical, poison, organic

14-11  solvent or another prohibited substance in the blood or urine of the person

14-12  is in issue, the officer may direct him to submit to a blood or urine test, or

14-13  both, in addition to the breath test.

14-14  6.  Except as otherwise provided in subsections 3 and 5, a police officer

14-15  shall not direct a person to submit to a urine test.

14-16  7.  If a person to be tested fails to submit to a required test as directed

14-17  by a police officer pursuant to this section and the officer has reasonable

14-18  grounds to believe that the person to be tested was:

14-19  (a) Driving or in actual physical control of a vehicle while under the

14-20  influence of intoxicating liquor or a controlled substance; or

14-21  (b) Engaging in any other conduct prohibited by NRS 484.379 or

14-22  484.3795,

14-23  the officer may direct that reasonable force be used to the extent necessary

14-24  to obtain samples of blood from the person to be tested. Not more than

14-25  three such samples may be taken during the 5-hour period immediately

14-26  following the time of the initial arrest. In such a circumstance, the officer is

14-27  not required to provide the person with a choice of tests for determining the

14-28  concentration of alcohol or presence of a controlled substance or another

14-29  prohibited substance in his blood.

14-30  8.  If a person who is less than 18 years of age is directed to submit to

14-31  an evidentiary test pursuant to this section, the officer shall, before testing

14-32  the person, make a reasonable attempt to notify the parent, guardian or

14-33  custodian of the person, if known.

14-34  Sec. 11.  NRS 484.3943 is hereby amended to read as follows:

14-35  484.3943  1.  Except as otherwise provided in subsection 5, a court:

14-36  (a) May order a person convicted of a first violation of NRS 484.379,

14-37  for a period of not less than 3 months nor more than 6 months; and

14-38  (b) Shall order a person convicted of a [third or subsequent violation of

14-39  NRS 484.379] felony pursuant to NRS 484.3792 or a violation of NRS

14-40  484.3795, for a period of not less than 12 months nor more than
36 months,

14-41  to install at his own expense a device in any motor vehicle which he owns

14-42  or operates as a condition to obtaining a restricted license pursuant to

14-43  subsection 3 of NRS 483.490.

14-44  2.  A court may order a person convicted of a violation of NRS 484.379

14-45  or 484.3795, for a period determined by the court, to install at his own

14-46  expense a device in any motor vehicle which he owns or operates as a

14-47  condition of reinstatement of his driving privilege.

15-1    3.  If the court orders a person to install a device pursuant to subsection

15-2  1 or 2:

15-3    (a) The court shall immediately prepare and transmit a copy of its order

15-4  to the director. The order must include a statement that a device is required

15-5  and the specific period for which it is required. The director shall cause this

15-6  information to be incorporated into the records of the department and noted

15-7  as a restriction on the person’s driver’s license.

15-8    (b) The person who is required to install the device shall provide proof

15-9  of compliance to the department before he may receive a restricted license

15-10  or before his driving privilege may be reinstated, as applicable. Each model

15-11  of a device installed pursuant to this section must have been certified by

15-12  the committee on testing for intoxication.

15-13  4.  A person whose driving privilege is restricted pursuant to this

15-14  section shall:

15-15  (a) If he was ordered to install a device pursuant to paragraph (a) of

15-16  subsection 1, have the device inspected by the manufacturer of the device

15-17  or its agent at least one time during the period in which he is required to

15-18  use the device; or

15-19  (b) If he was ordered to install a device pursuant to paragraph (b) of

15-20  subsection 1, have the device inspected by the manufacturer of the device

15-21  or its agent at least one time each 90 days,

15-22  to determine whether the device is operating properly. An inspection

15-23  required pursuant to this subsection must be conducted in accordance with

15-24  regulations adopted pursuant to NRS 484.3888. The manufacturer or its

15-25  agent shall submit a report to the director indicating whether the device is

15-26  operating properly and whether it has been tampered with. If the device has

15-27  been tampered with, the director shall notify the court that ordered the

15-28  installation of the device.

15-29  5.  If a person is required to operate a motor vehicle in the course and

15-30  scope of his employment and the motor vehicle is owned by his employer,

15-31  the person may operate that vehicle without the installation of a device, if:

15-32  (a) The employee notifies his employer that the employee’s driving

15-33  privilege has been so restricted; and

15-34  (b) The employee has proof of that notification in his possession or the

15-35  notice, or a facsimile copy thereof, is with the motor vehicle.

15-36  This exemption does not apply to a motor vehicle owned by a business

15-37  which is all or partly owned or controlled by the person otherwise subject

15-38  to this section.

15-39  Sec. 12.  NRS 488.460 is hereby amended to read as follows:

15-40  488.460  1.  Except as otherwise provided in subsections 3 and 4, a

15-41  person who operates or is in actual physical control of a vessel under

15-42  power or sail on the waters of this state shall be deemed to have given his

15-43  consent to an evidentiary test of his blood, urine, breath or other bodily

15-44  substance to determine the concentration of alcohol in his blood or breath

15-45  or to determine whether a controlled substance, chemical, poison, organic

15-46  solvent or another prohibited substance is present, if such a test is

15-47  administered at the direction of a peace officer having reasonable grounds

15-48  to believe that the person to be tested was:

16-1    (a) Operating or in actual physical control of a vessel under power or

16-2  sail while under the influence of intoxicating liquor or a controlled

16-3  substance; or

16-4    (b) Engaging in any other conduct prohibited by NRS 488.410 or

16-5  488.420.

16-6    2.  If the person to be tested pursuant to subsection 1 is dead or

16-7  unconscious, the officer shall direct that samples of blood from the person

16-8  be tested.

16-9    3.  Any person who is afflicted with hemophilia or with a heart

16-10  condition requiring the use of an anticoagulant as determined by a

16-11  physician is exempt from any blood test which may be required pursuant to

16-12  this section, but must, when appropriate pursuant to the provisions of this

16-13  section, be required to submit to a breath or urine test.

16-14  4.  If the concentration of alcohol of the blood or breath of the person

16-15  to be tested is in issue:

16-16  (a) Except as otherwise provided in this section, the person may refuse

16-17  to submit to a blood test if means are reasonably available to perform a

16-18  breath test.

16-19  (b) The person may request a blood test, but if means are reasonably

16-20  available to perform a breath test when the blood test is requested, and the

16-21  person is subsequently convicted, he must pay for the cost of the blood test,

16-22  including the fees and expenses of witnesses in court.

16-23  (c) A peace officer may direct the person to submit to a blood test if the

16-24  officer has reasonable grounds to believe that the person:

16-25     (1) Caused death or substantial bodily harm to another person as a

16-26  result of operating or being in actual physical control of a vessel under

16-27  power or sail while under the influence of intoxicating liquor or a

16-28  controlled substance or as a result of engaging in any other conduct

16-29  prohibited by NRS 488.410 or 488.420; [or]

16-30     (2) Has been convicted within the previous 7 years of:

16-31       (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS

16-32  488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that

16-33  prohibits the same or similar conduct; or

16-34       (II) Any other offense in this state or another jurisdiction in which

16-35  death or substantial bodily harm to another person resulted from conduct

16-36  prohibited by a law set forth in sub-subparagraph (I)[.] ; or

16-37     (3) Has previously been found guilty of a felony pursuant to NRS

16-38  484.3792 or a law of another jurisdiction that prohibits the same or

16-39  similar conduct.

16-40  5.  If the presence of a controlled substance, chemical, poison, organic

16-41  solvent or another prohibited substance in the blood or urine of the person

16-42  is in issue, the officer may direct him to submit to a blood or urine test, or

16-43  both, in addition to the breath test.

16-44  6.  Except as otherwise provided in subsections 3 and 5, a peace officer

16-45  shall not direct a person to submit to a urine test.

16-46  7.  If a person to be tested fails to submit to a required test as directed

16-47  by a peace officer pursuant to this section and the officer has reasonable

16-48  grounds to believe that the person to be tested was:

17-1    (a) Operating or in actual physical control of a vessel under power or

17-2  sail while under the influence of intoxicating liquor or a controlled

17-3  substance; or

17-4    (b) Engaging in any other conduct prohibited by NRS 488.410 or

17-5  488.420,

17-6  the officer may direct that reasonable force be used to the extent necessary

17-7  to obtain samples of blood from the person to be tested. Not more than

17-8  three such samples may be taken during the 5-hour period immediately

17-9  following the time of the initial arrest. In such a circumstance, the officer is

17-10  not required to provide the person with a choice of tests for determining the

17-11  alcoholic content or presence of a controlled substance or another

17-12  prohibited substance in his blood.

17-13  Sec. 13.  NRS 209.425 is hereby amended to read as follows:

17-14  209.425  1.  The director shall, with the approval of the board,

17-15  establish a program for the treatment of an abuser of alcohol or drugs who

17-16  is imprisoned pursuant to paragraph (c) or (d) of subsection 1 of NRS

17-17  484.3792 , subsection 2 of NRS 484.3792 or NRS 484.3795. The program

17-18  must include an initial period of intensive mental and physical

17-19  rehabilitation in a facility of the department, followed by regular sessions

17-20  of education, counseling and any other necessary or desirable treatment.

17-21  2.  The director may, upon the request of the offender after the initial

17-22  period of rehabilitation, allow the offender to earn wages under any other

17-23  program established by the department if the offender assigns to the

17-24  department any wages he earns under such a program. The director may

17-25  deduct from the wages of the offender an amount determined by the

17-26  director, with the approval of the board, to:

17-27  (a) Offset the costs, as reflected in the budget of the department, to

17-28  maintain the offender in a facility or institution of the department and in

17-29  the program of treatment established pursuant to this section; and

17-30  (b) Meet any existing obligation of the offender for the support of his

17-31  family or restitution to any victim of his crime.

17-32  Sec. 14.  The amendatory provisions of this act do not apply to

17-33  offenses committed before October 1, 2001.

 

17-34  H