Assembly Bill No. 585–Committee on Judiciary

 

(On Behalf of Administrative Office of the Courts)

 

March 26, 2001

____________

 

Referred to Concurrent Committees on Judiciary
and Ways and Means

 

SUMMARY—Makes various changes to provisions concerning domestic violence and driving under the influence of intoxicating liquor or controlled substances. (BDR 15‑514)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

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

 

AN ACT relating to crimes; redefining the term “battery that constitutes domestic violence” for the purpose of imposing penalties for such a crime; revising the penalties for committing a battery that constitutes domestic violence; removing the requirement that a person convicted of a first offense of driving under the influence of intoxicating liquor or controlled substances be dressed in distinctive garb while performing community service; removing the requirement that a person convicted of a second offense of driving under the influence of intoxicating liquor or controlled substances be ordered to perform community service; making various changes concerning the revocation of the driver’s license of a person convicted of a first offense of driving under the influence of intoxicating liquor or controlled substances; removing the provisions concerning the preconviction revocation of the driver’s license of a person who tests positive for driving under the influence of intoxicating liquor or controlled substances; 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 200.485 is hereby amended to read as follows:

1-2    200.485  1.  Unless a greater penalty is provided pursuant to NRS

1-3  200.481, a person convicted of a battery that constitutes domestic violence

1-4  pursuant to [NRS 33.018:] subsection 7:

1-5    (a) For the first offense within 7 years, is guilty of a misdemeanor and

1-6  shall be sentenced to:

1-7       (1) Imprisonment in the city or county jail or detention facility for not

1-8  less than 2 days, but not more than 6 months; [and] or

2-1       (2) Perform not less than 48 hours, but not more than [120] 96 hours,

2-2  of community service.

2-3  The person shall be further punished by a fine of not less than $200, but not

2-4  more than $1,000. A term of imprisonment imposed pursuant to this

2-5  paragraph may be served intermittently at the discretion of the judge or

2-6  justice of the peace, except that each period of confinement must be not

2-7  less than 4 consecutive hours and must occur either at a time when the

2-8  person is not required to be at his place of employment or on a weekend.

2-9    (b) For the second offense within 7 years, is guilty of a misdemeanor

2-10  and shall be sentenced to:

2-11      (1) Imprisonment in the city or county jail or detention facility for not

2-12  less than 10 days, but not more than 6 months; and

2-13      (2) [Perform not less than 100 hours, but not more than 200 hours, of

2-14  community service.

2-15  The person shall be further punished by a] Pay a fine of not less than

2-16  [$500,] $750, but not more than $1,000.

2-17    (c) For the third and any subsequent offense within 7 years, is guilty of

2-18  a category C felony and shall be punished as provided in NRS 193.130.

2-19    2.  In addition to any other penalty, if a person is convicted of a battery

2-20  which constitutes domestic violence pursuant to [NRS 33.018,] subsection

2-21  7, the court shall:

2-22    (a) For the first offense within 7 years, require him to participate in

2-23  weekly counseling sessions of not less than 1 1/2 hours per week for not

2-24  less than 6 months, but not more than 12 months, at his own expense, in a

2-25  program for the treatment of persons who commit domestic violence that

2-26  has been certified pursuant to NRS 228.470.

2-27    (b) For the second offense within 7 years, require him to participate in

2-28  weekly counseling sessions of not less than 1 1/2 hours per week for 12

2-29  months, at his own expense, in a program for the treatment of persons who

2-30  commit domestic violence that has been certified pursuant to NRS 228.470.

2-31    3.  An offense that occurred within 7 years immediately preceding the

2-32  date of the principal offense or after the principal offense constitutes a prior

2-33  offense for the purposes of this section when evidenced by a conviction,

2-34  without regard to the sequence of the offenses and convictions. The facts

2-35  concerning a prior offense must be alleged in the complaint, indictment or

2-36  information, must not be read to the jury or proved at trial but must be

2-37  proved at the time of sentencing and, if the principal offense is alleged to

2-38  be a felony, must also be shown at the preliminary examination or

2-39  presented to the grand jury.

2-40    4.  In addition to any other fine or penalty, the court shall order such a

2-41  person to pay an administrative assessment of $35. Any money so collected

2-42  must be paid by the clerk of the court to the state treasurer on or before the

2-43  fifth day of each month for the preceding month for credit to the account

2-44  for programs related to domestic violence established pursuant to NRS

2-45  228.460.

2-46    5.  In addition to any other penalty, the court may require such a person

2-47  to participate, at his own expense, in a program of treatment for the abuse

2-48  of alcohol or drugs that has been certified by the bureau of alcohol and

2-49  drug abuse in the department of human resources.

3-1    6.  If a person is charged with committing a battery which constitutes

3-2  domestic violence pursuant to [NRS 33.018,] subsection 7, a prosecuting

3-3  attorney shall not dismiss such a charge in exchange for a plea of guilty,

3-4  guilty but mentally ill or nolo contendere to a lesser charge or for any other

3-5  reason unless he knows, or it is obvious, that the charge is not supported by

3-6  probable cause or cannot be proved at the time of trial. A court shall not

3-7  grant probation to and, except as otherwise provided in NRS 4.373 and

3-8  5.055, a court shall not suspend the sentence of such a person.

3-9    7.  For the purposes of this section:

3-10    (a) “Battery[” has the meaning ascribed to it in paragraph (a) of

3-11  subsection 1 of NRS 200.481; and] that constitutes domestic violence”

3-12  means an act of force or violence by a person against or upon his spouse,

3-13  former spouse, a person with whom he has had or is having a dating

3-14  relationship, or a person with whom he has a child in common.

3-15    (b) “Dating relationship” has the meaning ascribed to it in subsection

3-16  2 of NRS 33.018.

3-17    (c) “Offense” includes a battery which constitutes domestic violence

3-18  [pursuant to NRS 33.018] or a violation of the law of any other jurisdiction

3-19  that prohibits the same or similar conduct.

3-20    Sec. 2.  NRS 4.3762 is hereby amended to read as follows:

3-21    4.3762  1.  Except as otherwise provided in subsection 7, in lieu of

3-22  imposing any punishment other than a minimum sentence required by

3-23  statute, a justice of the peace may sentence a person convicted of a

3-24  misdemeanor to a term of residential confinement. In making this

3-25  determination, the justice of the peace shall consider the criminal record of

3-26  the convicted person and the seriousness of the crime committed.

3-27    2.  In sentencing a convicted person to a term of residential

3-28  confinement, the justice of the peace shall:

3-29    (a) Require the convicted person to be confined to his residence during

3-30  the time he is away from his employment, public service or other activity

3-31  authorized by the justice of the peace; and

3-32    (b) Require intensive supervision of the convicted person, including,

3-33  without limitation, electronic surveillance and unannounced visits to his

3-34  residence or other locations where he is expected to be to determine

3-35  whether he is complying with the terms of his sentence.

3-36    3.  In sentencing a convicted person to a term of residential

3-37  confinement, the justice of the peace may, when the circumstances warrant,

3-38  require the convicted person to submit to:

3-39    (a) A search and seizure by the chief of a department of alternative

3-40  sentencing, an assistant alternative sentencing officer or any other law

3-41  enforcement officer at any time of the day or night without a search

3-42  warrant; and

3-43    (b) Periodic tests to determine whether the offender is using a controlled

3-44  substance or consuming alcohol.

3-45    4.  Except as otherwise provided in subsection 5, an electronic device

3-46  may be used to supervise a convicted person sentenced to a term of

3-47  residential confinement. The device must be minimally intrusive and

3-48  limited in capability to recording or transmitting information concerning

3-49  the presence of the person at his residence, including, but not limited to, the

4-1  transmission of still visual images which do not concern the activities of

4-2  the person while inside his residence. A device which is capable of

4-3  recording or transmitting:

4-4    (a) Oral or wire communications or any auditory sound; or

4-5    (b) Information concerning the activities of the person while inside his

4-6  residence,

4-7  must not be used.

4-8    5.  An electronic device must be used in the manner set forth in

4-9  subsection 4 to supervise a person who is sentenced pursuant to paragraph

4-10  (b) of subsection 1 of NRS 484.3792 for a second violation within 7 years

4-11  of driving under the influence of intoxicating liquor or a controlled

4-12  substance.

4-13    6.  A term of residential confinement, together with the term of any

4-14  minimum sentence required by statute, may not exceed the maximum

4-15  sentence which otherwise could have been imposed for the offense.

4-16    7.  The justice of the peace shall not sentence a person convicted of

4-17  committing a battery which constitutes domestic violence pursuant to NRS

4-18  [33.018] 200.485 to a term of residential confinement in lieu of

4-19  imprisonment unless the justice of the peace makes a finding that the

4-20  person is not likely to pose a threat to the victim of the battery.

4-21    8.  The justice of the peace may issue a warrant for the arrest of a

4-22  convicted person who violates or fails to fulfill a condition of residential

4-23  confinement.

4-24    Sec. 3.  NRS 5.076 is hereby amended to read as follows:

4-25    5.076  1.  Except as otherwise provided in subsection 7, in lieu of

4-26  imposing any punishment other than a minimum sentence required by

4-27  statute, a municipal judge may sentence a person convicted of a

4-28  misdemeanor to a term of residential confinement. In making this

4-29  determination, the municipal judge shall consider the criminal record of the

4-30  convicted person and the seriousness of the crime committed.

4-31    2.  In sentencing a convicted person to a term of residential

4-32  confinement, the municipal judge shall:

4-33    (a) Require the convicted person to be confined to his residence during

4-34  the time he is away from his employment, public service or other activity

4-35  authorized by the municipal judge; and

4-36    (b) Require intensive supervision of the convicted person, including,

4-37  without limitation, electronic surveillance and unannounced visits to his

4-38  residence or other locations where he is expected to be in order to

4-39  determine whether he is complying with the terms of his sentence.

4-40    3.  In sentencing a convicted person to a term of residential

4-41  confinement, the municipal judge may, when the circumstances warrant,

4-42  require the convicted person to submit to:

4-43    (a) A search and seizure by the chief of a department of alternative

4-44  sentencing, an assistant alternative sentencing officer or any other law

4-45  enforcement officer at any time of the day or night without a search

4-46  warrant; and

4-47    (b) Periodic tests to determine whether the offender is using a controlled

4-48  substance or consuming alcohol.

5-1    4.  Except as otherwise provided in subsection 5, an electronic device

5-2  may be used to supervise a convicted person sentenced to a term of

5-3  residential confinement. The device must be minimally intrusive and

5-4  limited in capability to recording or transmitting information concerning

5-5  the presence of the person at his residence, including, but not limited to, the

5-6  transmission of still visual images which do not concern the activities of

5-7  the person while inside his residence. A device which is capable of

5-8  recording or transmitting:

5-9    (a) Oral or wire communications or any auditory sound; or

5-10    (b) Information concerning the activities of the person while inside his

5-11  residence,

5-12  must not be used.

5-13    5.  An electronic device must be used in the manner set forth in

5-14  subsection 4 to supervise a person who is sentenced pursuant to paragraph

5-15  (b) of subsection 1 of NRS 484.3792 for a second violation within 7 years

5-16  of driving under the influence of intoxicating liquor or a controlled

5-17  substance.

5-18    6.  A term of residential confinement, together with the term of any

5-19  minimum sentence required by statute, may not exceed the maximum

5-20  sentence which otherwise could have been imposed for the offense.

5-21    7.  The municipal judge shall not sentence a person convicted of

5-22  committing a battery which constitutes domestic violence pursuant to NRS

5-23  [33.018] 200.485 to a term of residential confinement in lieu of

5-24  imprisonment unless the municipal judge makes a finding that the person is

5-25  not likely to pose a threat to the victim of the battery.

5-26    8.  The municipal judge may issue a warrant for the arrest of a

5-27  convicted person who violates or fails to fulfill a condition of residential

5-28  confinement.

5-29    Sec. 4.  NRS 62.170 is hereby amended to read as follows:

5-30    62.170  1.  Except as otherwise provided in NRS 62.172 and 62.175, a

5-31  peace officer or probation officer may take into custody any child:

5-32    (a) Who the officer has probable cause to believe is violating or has

5-33  violated any law, ordinance or rule or regulation having the force of law; or

5-34    (b) Whose conduct indicates that he is a child in need of supervision.

5-35    2.  Except as otherwise provided in this section and NRS 62.172 and

5-36  484.383, if a child is taken into custody:

5-37    (a) The officer shall, without undue delay, attempt to notify, if known,

5-38  the parent, guardian or custodian of the child;

5-39    (b) The facility in which the child is detained shall, without undue

5-40  delay:

5-41      (1) Notify a probation officer; and

5-42      (2) Attempt to notify, if known, the parent, guardian or custodian of

5-43  the child if such notification was not accomplished pursuant to paragraph

5-44  (a); and

5-45    (c) Unless it is impracticable or inadvisable or has been otherwise

5-46  ordered by the court, the child must be released to the custody of his parent

5-47  or other responsible adult who has signed a written agreement to bring the

5-48  child to the court at a stated time or at such time as the court may direct.

5-49  The written agreement must be submitted to the court as soon as possible.

6-1  If this person fails to produce the child as agreed or upon notice from the

6-2  court, a writ may be issued for the attachment of the person or of the child

6-3  requiring that the person or child, or both of them, be brought into the court

6-4  at a time stated in the writ.

6-5    3.  Except as otherwise provided in this section and NRS 62.172, if a

6-6  child who is taken into custody is not released pursuant to subsection 2:

6-7    (a) The child must be taken without unnecessary delay to:

6-8       (1) The court; or

6-9       (2) The place of detention designated by the court and, as soon as

6-10  possible thereafter, the fact of detention must be reported to the court; and

6-11    (b) Pending further disposition of the case, the court may order that the

6-12  child be:

6-13      (1) Released to the custody of the parent or other person appointed by

6-14  the court;

6-15      (2) Detained in such place as is designated by the court, subject to

6-16  further order of the court; or

6-17      (3) Conditionally released for supervised detention at the home of the

6-18  child in lieu of detention at a facility for the detention of juveniles.

6-19    4.  A child who is taken into custody for committing a battery that

6-20  constitutes domestic violence pursuant to NRS [33.018] 200.485 must not

6-21  be released from custody sooner than 12 hours after he is taken into

6-22  custody.

6-23    5.  Except as otherwise provided in subsection 4 and NRS 62.172, if a

6-24  child is alleged to be delinquent or in need of supervision, the child must

6-25  not, before disposition of the case, be detained in a facility for the secure

6-26  detention of juveniles unless there is probable cause to believe that:

6-27    (a) If the child is not detained, he is likely to commit an offense

6-28  dangerous to himself or to the community, or likely to commit damage to

6-29  property;

6-30    (b) The child will run away or be taken away so as to be unavailable for

6-31  proceedings of the court or to its officers;

6-32    (c) The child was brought to the probation officer pursuant to a court

6-33  order or warrant; or

6-34    (d) The child is a fugitive from another jurisdiction.

6-35    6.  If a child is not alleged to be delinquent or in need of supervision,

6-36  the child must not, at any time, be confined or detained in:

6-37    (a) A facility for the secure detention of juveniles; or

6-38    (b) Any police station, lockup, jail, prison or other facility in which

6-39  adults are detained or confined.

6-40    7.  If a child is less than 18 years of age, the child must not, at any time,

6-41  be confined or detained in any police station, lockup, jail, prison or other

6-42  facility where the child has regular contact with any adult who is confined

6-43  or detained therein and who has been convicted of a crime or charged with

6-44  a crime, unless:

6-45    (a) The child is alleged to be delinquent;

6-46    (b) An alternative facility is not available; and

6-47    (c) The child is separated by sight and sound from any adults who are

6-48  confined or detained therein.

7-1    8.  If a child who is alleged to be delinquent is taken into custody and

7-2  detained, the child must be given a detention hearing, conducted by the

7-3  judge or master:

7-4    (a) Within 24 hours after the child submits a written application;

7-5    (b) In a county whose population is less than 100,000, within 24 hours

7-6  after the commencement of detention at a police station, lockup, jail, prison

7-7  or other facility in which adults are detained or confined;

7-8    (c) In a county whose population is 100,000 or more, within 6 hours

7-9  after the commencement of detention at a police station, lockup, jail, prison

7-10  or other facility in which adults are detained or confined; or

7-11    (d) Within 72 hours after the commencement of detention at a facility in

7-12  which adults are not detained or confined,

7-13  whichever occurs first, excluding Saturdays, Sundays and holidays. A child

7-14  must not be released after a detention hearing without the written consent

7-15  of the judge or master.

7-16    9.  If the parent, guardian or custodian of the child appears with or on

7-17  behalf of the child at a detention hearing, the judge or master shall provide

7-18  to him a certificate of attendance which he may provide to his employer.

7-19  The certificate of attendance must set forth the date and time of appearance

7-20  and the provisions of NRS 62.900. The certificate of attendance must not

7-21  set forth the name of the child or the offense alleged.

7-22    10.  Except as otherwise provided in subsection 11, if a child who is

7-23  alleged to be in need of supervision is taken into custody and detained, the

7-24  child must be released within 24 hours, excluding Saturdays, Sundays and

7-25  holidays, after his initial contact with a peace officer to his parent, guardian

7-26  or custodian, to any other person who is able to provide adequate care and

7-27  supervision, or to shelter care, unless the court holds a detention hearing

7-28  and determines the child:

7-29    (a) Has threatened to run away from home or from the shelter;

7-30    (b) Is accused of violent behavior at home; or

7-31    (c) Is accused of violating the terms of his supervision and consent

7-32  decree.

7-33  If the court makes such a determination, the child may be detained for an

7-34  additional 24 hours after the hearing, excluding Saturdays, Sundays and

7-35  holidays, if needed by the court to make an alternative placement. Such an

7-36  alternative placement must be in a facility in which there are no physically

7-37  restraining devices or barriers. A child must not be detained pursuant to

7-38  this subsection for a total period in excess of 48 hours, excluding

7-39  Saturdays, Sundays and holidays.

7-40    11.  If a child who is alleged to be in need of supervision is taken into

7-41  custody and detained, the child need not be released pursuant to subsection

7-42  10, if the court holds a detention hearing and determines the child:

7-43    (a) Is a ward of a federal court or held pursuant to federal statute;

7-44    (b) Has run away from another state and a jurisdiction within the state

7-45  has issued a want, warrant or request for the child; or

7-46    (c) Is accused of violating a valid court order.

7-47  If the court makes such a determination, the child may be detained for such

7-48  an additional period as necessary for the court to return the child to the

7-49  jurisdiction from which he originated or to make an alternative placement.

8-1  Such an alternative placement must be in a facility in which there are no

8-2  physically restraining devices or barriers.

8-3    12.  During the pendency of a criminal or quasi-criminal charge of a

8-4  crime excluded from the original jurisdiction of the juvenile court pursuant

8-5  to NRS 62.040, a child may petition the juvenile court for temporary

8-6  placement in a facility for the detention of juveniles.

8-7    13.  In determining whether to release a child pursuant to this section to

8-8  a person other than his parent, guardian or custodian, preference must be

8-9  given to any person related within the third degree of consanguinity to the

8-10  child who is suitable and able to provide proper care and guidance for the

8-11  child.

8-12    Sec. 5.  NRS 171.1227 is hereby amended to read as follows:

8-13    171.1227  1.  If a peace officer investigates an act that constitutes

8-14  domestic violence pursuant to NRS 33.018, he shall prepare and submit a

8-15  written report of his investigation to his supervisor or to another person

8-16  designated by his supervisor, regardless of whether the peace officer makes

8-17  an arrest.

8-18    2.  If the peace officer investigates a mutual battery that constitutes

8-19  domestic violence pursuant to NRS [33.018] 200.485 and finds that one of

8-20  the persons involved was the primary physical aggressor, he shall include

8-21  in his report:

8-22    (a) The name of the person who was the primary physical aggressor;

8-23  and

8-24    (b) A description of the evidence which supports his finding.

8-25    3.  If the peace officer does not make an arrest, he shall include in his

8-26  report the reason he did not do so.

8-27    4.  A copy of the report must be forwarded immediately to the central

8-28  repository for Nevada records of criminal history.

8-29    Sec. 6.  NRS 178.484 is hereby amended to read as follows:

8-30    178.484  1.  Except as otherwise provided in this section, a person

8-31  arrested for an offense other than murder of the first degree must be

8-32  admitted to bail.

8-33    2.  A person arrested for a felony who has been released on probation

8-34  or parole for a different offense must not be admitted to bail unless:

8-35    (a) A court issues an order directing that the person be admitted to bail;

8-36    (b) The state board of parole commissioners directs the detention

8-37  facility to admit the person to bail; or

8-38    (c) The division of parole and probation of the department of motor

8-39  vehicles and public safety directs the detention facility to admit the person

8-40  to bail.

8-41    3.  A person arrested for a felony whose sentence has been suspended

8-42  pursuant to NRS 4.373 or 5.055 for a different offense or who has been

8-43  sentenced to a term of residential confinement pursuant to NRS 4.3762 or

8-44  5.076 for a different offense must not be admitted to bail unless:

8-45    (a) A court issues an order directing that the person be admitted to bail;

8-46  or

8-47    (b) A department of alternative sentencing directs the detention facility

8-48  to admit the person to bail.

9-1    4.  A person arrested for murder of the first degree may be admitted to

9-2  bail unless the proof is evident or the presumption great by any competent

9-3  court or magistrate authorized by law to do so in the exercise of discretion,

9-4  giving due weight to the evidence and to the nature and circumstances of

9-5  the offense.

9-6    5.  A person arrested for a battery that constitutes domestic violence

9-7  pursuant to NRS [33.018] 200.485 must not be admitted to bail sooner than

9-8  12 hours after his arrest. If the person is admitted to bail more than 12

9-9  hours after his arrest, pursuant to subsection 5 of NRS 171.178, without

9-10  appearing personally before a magistrate, the amount of bail must be:

9-11    (a) Three thousand dollars, if the person has no previous convictions of

9-12  battery that constitute domestic violence pursuant to NRS [33.018] 200.485

9-13  and there is no reason to believe that the battery for which he has been

9-14  arrested resulted in substantial bodily harm;

9-15    (b) Five thousand dollars, if the person has:

9-16      (1) No previous convictions of battery that constitute domestic

9-17  violence pursuant to NRS [33.018,] 200.485, but there is reason to believe

9-18  that the battery for which he has been arrested resulted in substantial bodily

9-19  harm; or

9-20      (2) One previous conviction of battery that constitutes domestic

9-21  violence pursuant to NRS [33.018,] 200.485, but there is no reason to

9-22  believe that the battery for which he has been arrested resulted in

9-23  substantial bodily harm; or

9-24    (c) Fifteen thousand dollars, if the person has:

9-25      (1) One previous conviction of battery that constitutes domestic

9-26  violence pursuant to NRS [33.018] 200.485 and there is reason to believe

9-27  that the battery for which he has been arrested resulted in substantial bodily

9-28  harm; or

9-29      (2) Two or more previous convictions of battery that constitute

9-30  domestic violence pursuant to NRS [33.018.] 200.485.

9-31  The provisions of this subsection do not affect the authority of a magistrate

9-32  or a court to set the amount of bail when the person personally appears

9-33  before the magistrate or the court. For the purposes of this subsection, a

9-34  person shall be deemed to have a previous conviction of battery that

9-35  constitutes domestic violence pursuant to NRS [33.018] 200.485 if the

9-36  person has been convicted of such an offense in this state or has been

9-37  convicted of violating a law of any other jurisdiction that prohibits the

9-38  same or similar conduct.

9-39    6.  The court may, before releasing a person arrested for an offense

9-40  punishable as a felony, require the surrender to the court of any passport

9-41  the person possesses.

9-42    7.  Before releasing a person arrested for any crime, the court may

9-43  impose such reasonable conditions on the person as it deems necessary to

9-44  protect the health, safety and welfare of the community and to ensure that

9-45  the person will appear at all times and places ordered by the court,

9-46  including, without limitation:

9-47    (a) Requiring the person to remain in this state or a certain county

9-48  within this state;

10-1    (b) Prohibiting the person from contacting or attempting to contact a

10-2  specific person or from causing or attempting to cause another person to

10-3  contact that person on his behalf;

10-4    (c) Prohibiting the person from entering a certain geographic area; or

10-5    (d) Prohibiting the person from engaging in specific conduct that may

10-6  be harmful to his own health, safety or welfare, or the health, safety or

10-7  welfare of another person.

10-8  In determining whether a condition is reasonable, the court shall consider

10-9  the factors listed in NRS 178.4853.

10-10  8.  If a person fails to comply with a condition imposed pursuant to

10-11  subsection 7, the court may, after providing the person with reasonable

10-12  notice and an opportunity for a hearing:

10-13  (a) Deem such conduct a contempt pursuant to NRS 22.010; or

10-14  (b) Increase the amount of bail pursuant to NRS 178.499.

10-15  9.  An order issued pursuant to this section that imposes a condition on

10-16  a person admitted to bail must include a provision ordering any law

10-17  enforcement officer to arrest the person if he has probable cause to believe

10-18  that the person has violated a condition of his bail.

10-19  10.  Before a person may be admitted to bail, he must sign a document

10-20  stating that:

10-21  (a) He will appear at all times and places as ordered by the court

10-22  releasing him and as ordered by any court before which the charge is

10-23  subsequently heard;

10-24  (b) He will comply with the other conditions which have been imposed

10-25  by the court and are stated in the document; and

10-26  (c) If he fails to appear when so ordered and is taken into custody

10-27  outside of this state, he waives all his rights relating to extradition

10-28  proceedings.

10-29  The signed document must be filed with the clerk of the court of competent

10-30  jurisdiction as soon as practicable, but in no event later than the next

10-31  business day.

10-32  11.  If a person admitted to bail fails to appear as ordered by a court

10-33  and the jurisdiction incurs any cost in returning the person to the

10-34  jurisdiction to stand trial, the person who failed to appear is responsible for

10-35  paying those costs as restitution.

10-36  Sec. 7.  NRS 179.245 is hereby amended to read as follows:

10-37  179.245  1.  Except as otherwise provided in subsection 5 and NRS

10-38  453.3365, a person who has been convicted of:

10-39  (a) Any felony may, after 15 years from the date of his conviction or, if

10-40  he is imprisoned, from the date of his release from actual custody;

10-41  (b) Any gross misdemeanor may, after 10 years from the date of his

10-42  conviction or release from custody;

10-43  (c) A violation of NRS 484.379 other than a felony, or a battery which

10-44  constitutes domestic violence pursuant to NRS [33.018] 200.485 other than

10-45  a felony may, after 7 years from the date of his conviction or release from

10-46  custody; or

10-47  (d) Any other misdemeanor may, after 5 years from the date of his

10-48  conviction or release from custody,

11-1  petition the court in which the conviction was obtained for the sealing of

11-2  all records relating to the conviction.

11-3    2.  A petition filed pursuant to subsection 1 must be accompanied by

11-4  current, verified records of the petitioner’s criminal history received from:

11-5    (a) The central repository for Nevada records of criminal history; and

11-6    (b) The local law enforcement agency of the city or county in which the

11-7  conviction was entered.

11-8    3.  Upon receiving a petition pursuant to this section, the court shall

11-9  notify:

11-10  (a) The prosecuting attorney for the county; or

11-11  (b) If the person was convicted in a municipal court, the prosecuting

11-12  attorney for the city.

11-13  The prosecuting attorney and any person having relevant evidence may

11-14  testify and present evidence at the hearing on the petition.

11-15  4.  If, after the hearing, the court finds that, in the period prescribed in

11-16  subsection 1, the petitioner has not been arrested, except for minor moving

11-17  or standing traffic violations, the court may order sealed all records of the

11-18  conviction which are in the custody of the court, of another court in the

11-19  State of Nevada or of a public or private agency, company or official in the

11-20  State of Nevada, and may also order all such criminal identification records

11-21  of the petitioner returned to the file of the court where the proceeding was

11-22  commenced from, including, but not limited to, the Federal Bureau of

11-23  Investigation, the California identification and investigation bureau,

11-24  sheriffs’ offices and all other law enforcement agencies reasonably known

11-25  by either the petitioner or the court to have possession of such records.

11-26  5.  A person may not petition the court to seal records relating to a

11-27  conviction of a crime against a child or a sexual offense.

11-28  6.  As used in this section:

11-29  (a) “Crime against a child” has the meaning ascribed to it in NRS

11-30  179D.210.

11-31  (b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.

11-32  Sec. 8.  NRS 209.429 is hereby amended to read as follows:

11-33  209.429  1.  Except as otherwise provided in subsection 6, the director

11-34  shall assign an offender to the custody of the division of parole and

11-35  probation of the department of motor vehicles and public safety to serve a

11-36  term of residential confinement, pursuant to NRS 213.380, for not longer

11-37  than the remainder of the maximum term of his sentence if:

11-38  (a) The offender has:

11-39     (1) Established a position of employment in the community;

11-40     (2) Enrolled in a program for education or rehabilitation; or

11-41     (3) Demonstrated an ability to pay for all or part of the costs of his

11-42  confinement and to meet any existing obligation for restitution to any

11-43  victim of his crime;

11-44  (b) The offender has successfully completed the initial period of

11-45  treatment required under the program of treatment established pursuant to

11-46  NRS 209.425; and

11-47  (c) The director believes that the offender will be able to:

11-48     (1) Comply with the terms and conditions required under residential

11-49  confinement; and

12-1      (2) Complete successfully the remainder of the program of treatment

12-2  while under residential confinement.

12-3  If an offender assigned to the program of treatment pursuant to NRS

12-4  209.427, completes the initial phase of the program and thereafter refuses

12-5  to enter the remainder of the program of treatment pursuant to this section,

12-6  the offender forfeits all or part of the credits earned by him to reduce his

12-7  sentence pursuant to this chapter before this refusal, as determined by the

12-8  director. The director may provide for a forfeiture of credits pursuant to

12-9  this paragraph only after proof of the offense and notice to the offender,

12-10  and may restore credits forfeited for such reasons as he considers proper.

12-11  The decision of the director regarding such a forfeiture is final.

12-12  2.  Before a person may be assigned to serve a term of residential

12-13  confinement pursuant to this section, he must submit to the division of

12-14  parole and probation a signed document stating that:

12-15  (a) He will comply with the terms or conditions of his residential

12-16  confinement; and

12-17  (b) If he fails to comply with the terms or conditions of his residential

12-18  confinement and is taken into custody outside of this state, he waives all

12-19  his rights relating to extradition proceedings.

12-20  3.  If an offender assigned to the custody of the division of parole and

12-21  probation pursuant to this section escapes or violates any of the terms or

12-22  conditions of his residential confinement:

12-23  (a) The division of parole and probation may, pursuant to the procedure

12-24  set forth in NRS 213.410, return the offender to the custody of the

12-25  department of prisons.

12-26  (b) The offender forfeits all or part of the credits earned by him to

12-27  reduce his sentence pursuant to this chapter before the escape or violation,

12-28  as determined by the director. The director may provide for a forfeiture of

12-29  credits pursuant to this paragraph only after proof of the offense and notice

12-30  to the offender, and may restore credits forfeited for such reasons as he

12-31  considers proper. The decision of the director regarding forfeiture of

12-32  credits is final.

12-33  4.  The assignment of an offender to the custody of the division of

12-34  parole and probation pursuant to this section shall be deemed:

12-35  (a) A continuation of his imprisonment and not a release on parole; and

12-36  (b) For the purposes of NRS 209.341, an assignment to a facility of the

12-37  department of prisons,

12-38  except that the offender is not entitled to obtain any benefits or to

12-39  participate in any programs provided to offenders in the custody of the

12-40  department of prisons.

12-41  5.  A person does not have a right to be assigned to the custody of the

12-42  division of parole and probation pursuant to this section, or to remain in

12-43  that custody after such an assignment, and it is not intended that the

12-44  provisions of this section or of NRS 213.371 to 213.410, inclusive, create

12-45  any right or interest in liberty or property or establish a basis for any cause

12-46  of action against the state, its political subdivisions, agencies, boards,

12-47  commissions, departments, officers or employees.

12-48  6.  The director shall not assign an offender who is serving a sentence

12-49  for committing a battery which constitutes domestic violence pursuant to

13-1  NRS [33.018] 200.485 to the custody of the division of parole and

13-2  probation to serve a term of residential confinement unless the director

13-3  makes a finding that the offender is not likely to pose a threat to the victim

13-4  of the battery.

13-5    Sec. 9.  NRS 209.501 is hereby amended to read as follows:

13-6    209.501  1.  The director may grant temporary furloughs consistent

13-7  with classification evaluations and requirements:

13-8    (a) To permit offenders to:

13-9      (1) Be interviewed by prospective employers;

13-10     (2) Respond to family emergencies; or

13-11     (3) Participate in other approved activities.

13-12  (b) For such other purposes as may be deemed appropriate by the

13-13  director with the approval of the board.

13-14  2.  Furloughs:

13-15  (a) Are limited to the confines of the state.

13-16  (b) Must not be granted to offenders:

13-17     (1) Sentenced to life imprisonment without the possibility of parole.

13-18     (2) Imprisoned for violations of chapter 201 of NRS who have not

13-19  been certified by the designated board as eligible for parole.

13-20  (c) Must not be granted to an offender who is imprisoned for

13-21  committing a battery which constitutes domestic violence pursuant to NRS

13-22  [33.018,] 200.485, unless the director makes a finding that the offender is

13-23  not likely to pose a threat to the victim of the battery.

13-24  3.  The director shall notify appropriate law enforcement authorities in

13-25  the affected county or city to anticipate the arrival of the offender within

13-26  their jurisdiction and inform them of the date and time of the offender’s

13-27  arrival, the reason the furlough was granted, the time when the furlough

13-28  expires and any other pertinent information which the director deems

13-29  appropriate.

13-30  4.  The director with the approval of the board shall adopt regulations

13-31  for administering the provisions of this section and governing the conduct

13-32  of offenders granted a furlough.

13-33  Sec. 10.  NRS 213.15193 is hereby amended to read as follows:

13-34  213.15193  1.  Except as otherwise provided in subsection 6, the chief

13-35  may order the residential confinement of a parolee if he believes that the

13-36  parolee does not pose a danger to the community and will appear at a

13-37  scheduled inquiry or hearing.

13-38  2.  In ordering the residential confinement of a parolee, the chief shall:

13-39  (a) Require the parolee to be confined to his residence during the time

13-40  he is away from his employment, public service or other activity authorized

13-41  by the division; and

13-42  (b) Require intensive supervision of the parolee, including, without

13-43  limitation, unannounced visits to his residence or other locations where he

13-44  is expected to be to determine whether he is complying with the terms of

13-45  his confinement.

13-46  3.  An electronic device approved by the division may be used to

13-47  supervise a parolee who is ordered to be placed in residential confinement.

13-48  The device must be minimally intrusive and limited in capability to

13-49  recording or transmitting information concerning the presence of the

14-1  parolee at his residence, including, without limitation, the transmission of

14-2  still visual images which do not concern the activities of the parolee while

14-3  inside his residence. A device which is capable of recording or

14-4  transmitting:

14-5    (a) Oral or wire communications or any auditory sound; or

14-6    (b) Information concerning the activities of the parolee while inside his

14-7  residence,

14-8  must not be used.

14-9    4.  The chief shall not order a parolee to be placed in residential

14-10  confinement unless the parolee agrees to the order.

14-11  5.  Any residential confinement must not extend beyond the unexpired

14-12  maximum term of the original sentence of the parolee.

14-13  6.  The chief shall not order a parolee who is serving a sentence for

14-14  committing a battery which constitutes domestic violence pursuant to NRS

14-15  [33.018] 200.485 to be placed in residential confinement unless the chief

14-16  makes a finding that the parolee is not likely to pose a threat to the victim

14-17  of the battery.

14-18  Sec. 11.  NRS 213.152 is hereby amended to read as follows:

14-19  213.152  1.  Except as otherwise provided in subsection 6, if a parolee

14-20  violates a condition of his parole, the board may order him to a term of

14-21  residential confinement in lieu of suspending his parole and returning him

14-22  to confinement. In making this determination, the board shall consider the

14-23  criminal record of the parolee and the seriousness of the crime committed.

14-24  2.  In ordering the parolee to a term of residential confinement, the

14-25  board shall:

14-26  (a) Require the parolee to be confined to his residence during the time

14-27  he is away from his employment, public service or other activity authorized

14-28  by the division; and

14-29  (b) Require intensive supervision of the parolee, including, without

14-30  limitation, unannounced visits to his residence or other locations where he

14-31  is expected to be in order to determine whether he is complying with the

14-32  terms of his confinement.

14-33  3.  An electronic device approved by the division may be used to

14-34  supervise a parolee ordered to a term of residential confinement. The

14-35  device must be minimally intrusive and limited in capability to recording

14-36  or transmitting information concerning the presence of the parolee at his

14-37  residence, including, but not limited to, the transmission of still visual

14-38  images which do not concern the activities of the person while inside his

14-39  residence. A device which is capable of recording or transmitting:

14-40  (a) Oral or wire communications or any auditory sound; or

14-41  (b) Information concerning the activities of the parolee while inside his

14-42  residence,

14-43  must not be used.

14-44  4.  The board shall not order a parolee to a term of residential

14-45  confinement unless he agrees to the order.

14-46  5.  A term of residential confinement may not be longer than the

14-47  unexpired maximum term of the original sentence of the parolee.

14-48  6.  The board shall not order a parolee who is serving a sentence for

14-49  committing a battery which constitutes domestic violence pursuant to NRS

15-1  [33.018] 200.485 to a term of residential confinement unless the board

15-2  makes a finding that the parolee is not likely to pose a threat to the victim

15-3  of the battery.

15-4    Sec. 12.  NRS 483.410 is hereby amended to read as follows:

15-5    483.410  1.  Except as otherwise provided in subsection 6, for every

15-6  driver’s license, including a motorcycle driver’s license, issued and service

15-7  performed the following fees must be charged:

 

15-8  A license issued to a person 65 years of age or older......................................... $14

15-9  An original license issued to any other person................................................... 19

15-10  A renewal license issued to any other person................................................... 19

15-11  Reinstatement of a license after suspension, revocation or

15-12  cancellation, except a revocation for a violation of NRS

15-13  484.379 or 484.3795 [or pursuant to NRS 484.384 and

15-14  484.385].............................................. 40

15-15  Reinstatement of a license after revocation for a violation of

15-16  NRS 484.379 or 484.3795 [or pursuant to NRS 484.384 and

15-17  484.385].............................................. 65

15-18  A new photograph, change of name, change of other

15-19  information, except address, or any combination............................................ 5

15-20  A duplicate license............................... 14

 

15-21  2.  For every motorcycle endorsement to a driver’s license a fee of $5

15-22  must be charged.

15-23  3.  If no other change is requested or required, the department shall not

15-24  charge a fee to convert the number of a license from the licensee’s social

15-25  security number, or a number that was formulated by using the licensee’s

15-26  social security number as a basis for the number, to a unique number that is

15-27  not based on the licensee’s social security number.

15-28  4.  The increase in fees authorized by NRS 483.347 and the fees

15-29  charged pursuant to NRS 483.383 and 483.415 must be paid in addition to

15-30  the fees charged pursuant to subsections 1 and 2.

15-31  5.  A penalty of $10 must be paid by each person renewing his license

15-32  after it has expired for a period of 30 days or more as provided in NRS

15-33  483.386 unless he is exempt pursuant to that section.

15-34  6.  The department may not charge a fee for the reinstatement of a

15-35  driver’s license that has been:

15-36  (a) Voluntarily surrendered for medical reasons; or

15-37  (b) Canceled pursuant to NRS 483.310.

15-38  7.  All fees and penalties are payable to the administrator at the time a

15-39  license or a renewal license is issued.

15-40  8.  Except as otherwise provided in NRS 483.415, all money collected

15-41  by the department pursuant to this chapter must be deposited in the state

15-42  treasury for credit to the motor vehicle fund.

15-43  Sec. 13.  NRS 483.450 is hereby amended to read as follows:

15-44  483.450  1.  Whenever any person is convicted of any offense for

15-45  which the provisions of NRS 483.010 to 483.630, inclusive, make

15-46  mandatory the revocation of his driver’s license by the department, the

15-47  court in which the person is convicted may require the surrender to it of all

16-1  driver’s licenses then held by the person convicted, and the court may,

16-2  within 20 days after the conviction, forward these licenses, together with a

16-3  record of the conviction, to the department.

16-4    2.  A record of conviction must be made in a manner approved by the

16-5  department. The court shall provide sufficient information to allow the

16-6  department to include accurately the information regarding the conviction

16-7  in the driver’s record. The record of conviction from the court must include

16-8  at least the name and address of the person convicted, the number of his

16-9  driver’s license, his social security number, the registration number of the

16-10  vehicle involved, the date the citation was issued or the arrest was made,

16-11  the number of the citation and the date and final disposition of the citation.

16-12  3.  If the person was convicted of a first violation within 7 years of

16-13  NRS 484.379, the court shall provide sufficient information to allow the

16-14  department to determine whether the person has satisfied all the

16-15  requirements of his sentence set forth by the court.

16-16  4.  Every court, including a juvenile court, having jurisdiction over

16-17  violations of the provisions of NRS 483.010 to 483.630, inclusive, or any

16-18  other law of this state or municipal ordinance regulating the operation of

16-19  motor vehicles on highways, shall forward to the department:

16-20  (a) If the court is other than a juvenile court, a record of the conviction

16-21  of any person in that court for a violation of any such laws other than

16-22  regulations governing standing or parking; or

16-23  (b) If the court is a juvenile court, a record of any finding that a child

16-24  has violated a traffic law or ordinance other than one governing standing or

16-25  parking,

16-26  within 20 days after the conviction or finding, and may recommend the

16-27  suspension of the driver’s license of the person convicted or child found in

16-28  violation of a traffic law or ordinance.

16-29  [4.] 5.  For the purposes of NRS 483.010 to 483.630, inclusive:

16-30  (a) “Conviction” means a final conviction, and includes a finding by a

16-31  juvenile court pursuant to NRS 62.221.

16-32  (b) A forfeiture of bail or collateral deposited to secure a defendant’s

16-33  appearance in court, if the forfeiture has not been vacated, is equivalent to

16-34  a conviction.

16-35  [5.] 6.  The necessary expenses of mailing licenses and records of

16-36  conviction to the department as required by subsections 1 and [3] 4 must be

16-37  paid by the court charged with the duty of forwarding those licenses and

16-38  records of conviction.

16-39  Sec. 14.  NRS 483.460 is hereby amended to read as follows:

16-40  483.460  1.  Except as otherwise provided by specific statute, the

16-41  department shall revoke the license, permit or privilege of any driver upon

16-42  receiving a record of his conviction of any of the following offenses, when

16-43  that conviction has become final, and the driver is not eligible for a license,

16-44  permit or privilege to drive for the period indicated:

16-45  (a) For a period of 3 years if the offense is:

16-46     (1) A violation of subsection 2 of NRS 484.377.

16-47     (2) A third or subsequent violation within 7 years of NRS 484.379.

16-48     (3) A violation of NRS 484.3795 or a homicide resulting from

16-49  driving or being in actual physical control of a vehicle while under the

17-1  influence of intoxicating liquor or a controlled substance or resulting from

17-2  any other conduct prohibited by NRS 484.379 or 484.3795.

17-3  The period during which such a driver is not eligible for a license, permit

17-4  or privilege to drive must be set aside during any period of imprisonment ,

17-5  and the period of revocation must resume upon completion of the period of

17-6  imprisonment or when the person is placed on residential confinement.

17-7    (b) For a period of 1 year if the offense is:

17-8      (1) Any other manslaughter resulting from the driving of a motor

17-9  vehicle or felony in the commission of which a motor vehicle is used,

17-10  including the unlawful taking of a motor vehicle.

17-11     (2) Failure to stop and render aid as required pursuant to the laws of

17-12  this state in the event of a motor vehicle accident resulting in the death or

17-13  bodily injury of another.

17-14     (3) Perjury or the making of a false affidavit or statement under oath

17-15  to the department pursuant to NRS 483.010 to 483.630, inclusive, or

17-16  pursuant to any other law relating to the ownership or driving of motor

17-17  vehicles.

17-18     (4) Conviction, or forfeiture of bail not vacated, upon three charges

17-19  of reckless driving committed within a period of 12 months.

17-20     (5) A second violation within 7 years of NRS 484.379 and the driver

17-21  is not eligible for a restricted license during any of that period.

17-22     (6) A violation of NRS 484.348.

17-23  (c) For a period of [90 days,] 180 days or until the driver proves to the

17-24  department that he has satisfied all the requirements of his sentence set

17-25  forth by the court, whichever occurs first, if the offense is a first violation

17-26  within 7 years of NRS 484.379[.] but the driver is eligible for a restricted

17-27  license pursuant to subsection 2 during that period.

17-28  2.  The department shall issue a restricted driver’s license to a driver

17-29  convicted of a first violation within 7 years of NRS 484.379 that is

17-30  effective for the period set forth in paragraph (c) of subsection 1 and

17-31  permits the driver to drive a motor vehicle:

17-32  (a) To travel to and from work or in the course and scope of his

17-33  employment, or both; and

17-34  (b) To transport himself or another member of his immediate family

17-35  to and from school.

17-36  3.  The department shall revoke the license, permit or privilege of a

17-37  driver convicted of violating NRS 484.379 who fails to complete the

17-38  educational course on the use of alcohol and controlled substances within

17-39  the time ordered by the court and shall add a period of 90 days during

17-40  which the driver is not eligible for a license, permit or privilege to drive[.

17-41  3.] or is eligible for a restricted license pursuant to subsection 2.

17-42  4.  When the department is notified by a court that a person who has

17-43  been convicted of a first violation within 7 years of NRS 484.379 has been

17-44  permitted to enter a program of treatment pursuant to NRS 484.37937, the

17-45  department shall reduce by one-half the period during which he is not

17-46  eligible for a restricted license, [permit or privilege to drive,] but shall

17-47  restore that reduction in time if notified that he was not accepted for or

17-48  failed to complete the treatment.

18-1    [4.] 5.  The department shall revoke the license, permit or privilege to

18-2  drive of a person who is required to install a device pursuant to NRS

18-3  484.3943 but who operates a motor vehicle without such a device:

18-4    (a) For 3 years, if it is his first such offense during the period of

18-5  required use of the device.

18-6    (b) For 5 years, if it is his second such offense during the period of

18-7  required use of the device.

18-8    [5.] 6.  A driver whose license, permit or privilege is revoked pursuant

18-9  to subsection [4] 5 is not eligible for a restricted license during the period

18-10  set forth in paragraph (a) or (b) of that subsection, whichever applies.

18-11  [6.] 7.  In addition to any other requirements set forth by specific

18-12  statute, if the department is notified that a court has ordered the revocation,

18-13  suspension or delay in the issuance of a license pursuant to chapter 62 of

18-14  NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision

18-15  of law, the department shall take such actions as are necessary to carry out

18-16  the court’s order.

18-17  [7.] 8.  As used in this section, “device” has the meaning ascribed to it

18-18  in NRS 484.3941.

18-19  Sec. 15.  NRS 483.490 is hereby amended to read as follows:

18-20  483.490  1.  Except as otherwise provided in this section, after a

18-21  driver’s license has been suspended or revoked for an offense other than a

18-22  first violation within 7 years of NRS 484.379 or a second violation within

18-23  7 years of NRS 484.379 and one-half of the period during which the driver

18-24  is not eligible for a license has expired, the department may, unless the

18-25  statute authorizing the suspension prohibits the issuance of a restricted

18-26  license, issue a restricted driver’s license to an applicant permitting the

18-27  applicant to drive a motor vehicle:

18-28  (a) To and from work or in the course of his work, or both; or

18-29  (b) To acquire supplies of medicine or food or receive regularly

18-30  scheduled medical care for himself or a member of his immediate
family.

18-31  Before a restricted license may be issued, the applicant must submit

18-32  sufficient documentary evidence to satisfy the department that a severe

18-33  hardship exists because the applicant has no alternative means of

18-34  transportation and that the severe hardship outweighs the risk to the public

18-35  if he is issued a restricted license.

18-36  2.  A person who has been ordered to install a device in a motor vehicle

18-37  pursuant to NRS 484.3943:

18-38  (a) Shall install the device not later than 21 days after the date on which

18-39  the order was issued; and

18-40  (b) May not receive a restricted license pursuant to this section until:

18-41     (1) After at least 1 year of the period during which he is not eligible

18-42  for a license, if he was convicted of:

18-43         (I) A violation of NRS 484.3795 or a homicide resulting from

18-44  driving or being in actual physical control of a vehicle while under the

18-45  influence of intoxicating liquor or a controlled substance or resulting from

18-46  any other conduct prohibited by NRS 484.379 or 484.3795; or

18-47         (II) A third or subsequent violation within 7 years of NRS 484.379;

18-48  or

19-1      (2) After at least 180 days of the period during which he is not

19-2  eligible for a license, if he was convicted of a violation of subsection 2 of

19-3  NRS 484.377 . [; or

19-4      (3) After at least 45 days of the period during which he is not eligible

19-5  for a license, if he was convicted of a first violation within 7 years of NRS

19-6  484.379.]

19-7    3.  If the department has received a copy of an order requiring a person

19-8  to install a device in a motor vehicle pursuant to NRS 484.3943, the

19-9  department shall not issue a restricted driver’s license to such a person

19-10  pursuant to this section unless the applicant has submitted proof of

19-11  compliance with the order and subsection 2.

19-12  4.  After a driver’s license has been revoked pursuant to subsection 1 of

19-13  NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of

19-14  NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228, the department may

19-15  issue a restricted driver’s license to an applicant permitting the applicant to

19-16  drive a motor vehicle:

19-17  (a) If applicable, to and from work or in the course of his work, or both;

19-18  and

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

19-20  5.  After a driver’s license has been suspended pursuant to NRS

19-21  483.443, the department may issue a restricted driver’s license to an

19-22  applicant permitting the applicant to drive a motor vehicle:

19-23  (a) If applicable, to and from work or in the course of his work, or both;

19-24  (b) To receive regularly scheduled medical care for himself or a

19-25  member of his immediate family; and

19-26  (c) If applicable, as necessary to exercise a court-ordered right to visit a

19-27  child.

19-28  6.  A driver who violates a condition of a restricted license issued

19-29  pursuant to subsection 1 of this section or subsection 2 of NRS 483.460 or

19-30  by another jurisdiction is guilty of a misdemeanor and, if the license of the

19-31  driver was suspended or revoked for:

19-32  (a) A violation of NRS 484.379[, 484.3795 or 484.384;] or 484.3795;

19-33  (b) A homicide resulting from driving or being in actual physical

19-34  control of a vehicle while under the influence of intoxicating liquor or a

19-35  controlled substance or resulting from any other conduct prohibited by

19-36  NRS 484.379 or 484.3795; or

19-37  (c) A violation of a law of any other jurisdiction that prohibits the same

19-38  or similar conduct as set forth in paragraph (a) or (b),

19-39  the driver shall be punished in the manner provided pursuant to subsection

19-40  2 of NRS 483.560.

19-41  7.  [The periods of suspensions and revocations required pursuant to

19-42  this chapter and NRS 484.384 must run consecutively, except as otherwise

19-43  provided in NRS 483.465 and 483.475, when the suspensions must run

19-44  concurrently.

19-45  8.] Whenever the department suspends or revokes a license, the period

19-46  of suspension, or of ineligibility for a license after the revocation, begins

19-47  upon the effective date of the revocation or suspension as contained in the

19-48  notice thereof.

 

20-1    Sec. 16.  NRS 483.560 is hereby amended to read as follows:

20-2    483.560  1.  Except as otherwise provided in subsection 2, any person

20-3  who drives a motor vehicle on a highway or on premises to which the

20-4  public has access at a time when his driver’s license has been canceled,

20-5  revoked or suspended is guilty of a misdemeanor.

20-6    2.  Except as otherwise provided in this subsection, if the license of the

20-7  person was suspended, revoked or restricted because of:

20-8    (a) A violation of NRS 484.379[, 484.3795 or 484.384;] or 484.3795;

20-9    (b) A homicide resulting from driving or being in actual physical

20-10  control of a vehicle while under the influence of intoxicating liquor or a

20-11  controlled substance or resulting from any other conduct prohibited by

20-12  NRS 484.379 or 484.3795; or

20-13  (c) A violation of a law of any other jurisdiction that prohibits the same

20-14  or similar conduct as set forth in paragraph (a) or (b),

20-15  the person shall be punished by imprisonment in jail for not less than 30

20-16  days nor more than 6 months or by serving a term of residential

20-17  confinement for not less than 60 days nor more than 6 months, and shall be

20-18  further punished by a fine of not less than $500 nor more than $1,000. A

20-19  person who is punished pursuant to this subsection may not be granted

20-20  probation, and a sentence imposed for such a violation may not be

20-21  suspended. A prosecutor may not dismiss a charge of such a violation in

20-22  exchange for a plea of guilty, of guilty but mentally ill or of nolo

20-23  contendere to a lesser charge or for any other reason, unless in his

20-24  judgment the charge is not supported by probable cause or cannot be

20-25  proved at trial. The provisions of this subsection do not apply if the period

20-26  of revocation has expired but the person has not reinstated his license.

20-27  3.  A term of imprisonment imposed pursuant to the provisions of this

20-28  section may be served intermittently at the discretion of the judge or justice

20-29  of the peace. This discretion must be exercised after considering all the

20-30  circumstances surrounding the offense, and the family and employment of

20-31  the person convicted. However, the full term of imprisonment must be

20-32  served within 6 months after the date of conviction, and any segment of

20-33  time the person is imprisoned must not consist of less than 24 hours.

20-34  4.  Jail sentences simultaneously imposed pursuant to this section and

20-35  NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

20-36  5.  If the department receives a record of the conviction or punishment

20-37  of any person pursuant to this section upon a charge of driving a vehicle

20-38  while his license was:

20-39  (a) Suspended, the department shall extend the period of the suspension

20-40  for an additional like period.

20-41  (b) Revoked, the department shall extend the period of ineligibility for a

20-42  license, permit or privilege to drive for an additional 1 year.

20-43  (c) Restricted, the department shall revoke his restricted license and

20-44  extend the period of ineligibility for a license, permit or privilege to drive

20-45  for an additional 1 year.

20-46  (d) Suspended or canceled for an indefinite period, the department shall

20-47  suspend his license for an additional 6 months for the first violation and an

20-48  additional 1 year for each subsequent violation.

21-1    6.  Suspensions and revocations imposed pursuant to this section must

21-2  run consecutively.

21-3    Sec. 17.  NRS 483.910 is hereby amended to read as follows:

21-4    483.910  1.  The department shall charge and collect the following

21-5  fees:

 

21-6  For an original commercial driver’s license which requires the

21-7  department to administer a driving skills test...................................................... $84

21-8  For an original commercial driver’s license which does not

21-9  require the department to administer a driving skills test.................................... 54

21-10  For renewal of a commercial driver’s license which requires

21-11  the department to administer a driving skills test............................................... 84

21-12  For renewal of a commercial driver’s license which does not

21-13  require the department to administer a driving skills test.................................... 54

21-14  For reinstatement of a commercial driver’s license after

21-15  suspension or revocation of the license for a violation of NRS

21-16  484.379 or 484.3795, [or pursuant to NRS 484.384 and

21-17  484.385,] or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii).............................. 84

21-18  For reinstatement of a commercial driver’s license after

21-19  suspension, revocation, cancellation or disqualification of the

21-20  license, except a suspension or revocation for a violation of

21-21  NRS 484.379 or 484.3795, [or pursuant to NRS 484.384 and

21-22  484.385,] or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii).............................. 54

21-23  For the transfer of a commercial driver’s license from another

21-24  jurisdiction, which requires the department to administer a

21-25  driving skills test.................................. 84

21-26  For the transfer of a commercial driver’s license from another

21-27  jurisdiction, which does not require the department to

21-28  administer a driving skills test............... 54

21-29  For a duplicate commercial driver’s license................................................... 19

21-30  For any change of information on a commercial driver’s

21-31  license................................................... 9

21-32  For each endorsement added after the issuance of an original

21-33  commercial driver’s license.................. 14

21-34  For the administration of a driving skills test to change any

21-35  information on, or add an endorsement to, an existing

21-36  commercial driver’s license.................. 30

 

21-37  2.  The department shall charge and collect an annual fee of $555 from

21-38  each person who is authorized by the department to administer a driving

21-39  skills test pursuant to NRS 483.912.

21-40  3.  An additional charge of $3 must be charged for each knowledge test

21-41  administered to a person who has twice failed the test.

21-42  4.  An additional charge of $25 must be charged for each driving skills

21-43  test administered to a person who has twice failed the test.

21-44  5.  The increase in fees authorized in NRS 483.347 must be paid in

21-45  addition to the fees charged pursuant to this section.

22-1    Sec. 18.  NRS 483.938 is hereby amended to read as follows:

22-2    483.938  Any person who, in accordance with regulations adopted by

22-3  the department pursuant to NRS 483.908, is disqualified from driving a

22-4  commercial motor vehicle based on [an] his alcohol concentration level

22-5  [that:

22-6    1.  Does not otherwise constitute grounds for disqualifying him from

22-7  driving a noncommercial motor vehicle pursuant to the provisions of NRS

22-8  484.384,] may apply to the department for a noncommercial driver’s

22-9  license pursuant to the provisions of NRS 483.010 to 483.630, inclusive.

22-10  [2.  Also constitutes grounds for disqualifying him from driving a

22-11  noncommercial motor vehicle pursuant to the provisions of NRS 484.384

22-12  may, upon the expiration of the period of disqualification specified in that

22-13  section, apply to the department for a noncommercial driver’s license

22-14  pursuant to the provisions of NRS 483.010 to 483.630, inclusive.]

22-15  Sec. 19.  NRS 484.3792 is hereby amended to read as follows:

22-16  484.3792  1.  A person who violates the provisions of NRS 484.379:

22-17  (a) For the first offense within 7 years, is guilty of a misdemeanor.

22-18  Unless he is allowed to undergo treatment as provided in NRS 484.37937,

22-19  the court shall:

22-20     (1) Except as otherwise provided in subsection 6, order him to pay

22-21  tuition for an educational course on the abuse of alcohol and controlled

22-22  substances approved by the department and complete the course within the

22-23  time specified in the order, and the court shall notify the department if he

22-24  fails to complete the course within the specified time;

22-25     (2) Unless the sentence is reduced pursuant to NRS 484.37937,

22-26  sentence him to imprisonment for not less than 2 days nor more than 6

22-27  months in jail, or to perform not less than 48 hours, but not more than 96

22-28  hours, of work for the community ; [while dressed in distinctive garb that

22-29  identifies him as having violated the provisions of NRS 484.379;] and

22-30     (3) Fine him not less than $400 nor more than $1,000.

22-31  (b) For a second offense within 7 years, is guilty of a misdemeanor.

22-32  Unless the sentence is reduced pursuant to NRS 484.3794, the court:

22-33     (1) Shall sentence him to:

22-34         (I) Imprisonment for not less than 10 days nor more than 6 months

22-35  in jail; or

22-36         (II) Residential confinement for not less than 10 days nor more

22-37  than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive,

22-38  or 5.0755 to 5.078, inclusive;

22-39     (2) Shall fine him not less than $750 nor more than $1,000; and

22-40     (3) [Shall order him to perform not less than 100 hours, but not more

22-41  than 200 hours, of work for the community while dressed in distinctive

22-42  garb that identifies him as having violated the provisions of NRS 484.379,

22-43  unless the court finds that extenuating circumstances exist; and

22-44     (4)]May order him to attend a program of treatment for the abuse of

22-45  alcohol or drugs pursuant to the provisions of NRS 484.37945.

22-46  A person who willfully fails or refuses to complete successfully a term of

22-47  residential confinement or a program of treatment ordered pursuant to this

22-48  paragraph is guilty of a misdemeanor.

23-1    (c) For a third or subsequent offense within 7 years, is guilty of a

23-2  category B felony and shall be punished by imprisonment in the state

23-3  prison for a minimum term of not less than 1 year and a maximum term of

23-4  not more than 6 years, and shall be further punished by a fine of not less

23-5  than $2,000 nor more than $5,000. An offender so imprisoned must,

23-6  insofar as practicable, be segregated from offenders whose crimes were

23-7  violent and, insofar as practicable, be assigned to an institution or facility

23-8  of minimum security.

23-9    2.  An offense that occurred within 7 years immediately preceding the

23-10  date of the principal offense or after the principal offense constitutes a prior

23-11  offense for the purposes of this section when evidenced by a conviction,

23-12  without regard to the sequence of the offenses and convictions. The facts

23-13  concerning a prior offense must be alleged in the complaint, indictment or

23-14  information, must not be read to the jury or proved at trial but must be

23-15  proved at the time of sentencing and, if the principal offense is alleged to

23-16  be a felony, must also be shown at the preliminary examination or

23-17  presented to the grand jury.

23-18  3.  A person convicted of violating the provisions of NRS 484.379

23-19  must not be released on probation, and a sentence imposed for violating

23-20  those provisions must not be suspended except, as provided in NRS 4.373,

23-21  5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

23-22  exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

23-23  a charge of violating the provisions of NRS 484.379 in exchange for a plea

23-24  of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

23-25  any other reason unless he knows or it is obvious that the charge is not

23-26  supported by probable cause or cannot be proved at the time of trial.

23-27  4.  A term of confinement imposed pursuant to the provisions of this

23-28  section may be served intermittently at the discretion of the judge or justice

23-29  of the peace, except that a person who is convicted of a second or

23-30  subsequent offense within 7 years must be confined for at least one

23-31  segment of not less than 48 consecutive hours. This discretion must be

23-32  exercised after considering all the circumstances surrounding the offense,

23-33  and the family and employment of the offender, but any sentence of 30

23-34  days or less must be served within 6 months after the date of conviction or,

23-35  if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

23-36  the suspension of his sentence was revoked, within 6 months after the date

23-37  of revocation. Any time for which the offender is confined must consist of

23-38  not less than 24 consecutive hours.

23-39  5.  Jail sentences simultaneously imposed pursuant to this section and

23-40  NRS 482.456, 483.560 or 485.330 must run consecutively.

23-41  6.  If the person who violated the provisions of NRS 484.379 possesses

23-42  a driver’s license issued by a state other than the State of Nevada and does

23-43  not reside in the State of Nevada, in carrying out the provisions of

23-44  subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

23-45  (a) Order the person to pay tuition for and submit evidence of

23-46  completion of an educational course on the abuse of alcohol and controlled

23-47  substances approved by a governmental agency of the state of his residence

23-48  within the time specified in the order; or

24-1    (b) Order him to complete an educational course by correspondence on

24-2  the abuse of alcohol and controlled substances approved by the department

24-3  within the time specified in the order,

24-4  and the court shall notify the department if the person fails to complete the

24-5  assigned course within the specified time.

24-6    7.  If the defendant was transporting a person who is less than 15 years

24-7  of age in the motor vehicle at the time of the violation, the court shall

24-8  consider that fact as an aggravating factor in determining the sentence of

24-9  the defendant.

24-10  8.  As used in this section, unless the context otherwise requires,

24-11  “offense” means:

24-12  (a) A violation of NRS 484.379 or 484.3795;

24-13  (b) A homicide resulting from driving or being in actual physical

24-14  control of a vehicle while under the influence of intoxicating liquor or a

24-15  controlled substance or resulting from any other conduct prohibited by

24-16  NRS 484.379 or 484.3795; or

24-17  (c) A violation of a law of any other jurisdiction that prohibits the same

24-18  or similar conduct as set forth in paragraph (a) or (b).

24-19  Sec. 20.  NRS 484.37937 is hereby amended to read as follows:

24-20  484.37937  1.  Except as otherwise provided in subsection 2, a person

24-21  who is found guilty of a first violation of NRS 484.379 may, at that time or

24-22  any time before he is sentenced, apply to the court to undergo a program of

24-23  treatment for alcoholism or drug abuse which is certified by the bureau of

24-24  alcohol and drug abuse in the department of human resources for at least 6

24-25  months. The court shall authorize such treatment if:

24-26  (a) The person is diagnosed as an alcoholic or abuser of drugs by:

24-27     (1) An alcohol and drug abuse counselor who is licensed or certified

24-28  pursuant to chapter 641C of NRS to make that diagnosis; or

24-29     (2) A physician who is certified to make that diagnosis by the board

24-30  of medical examiners;

24-31  (b) He agrees to pay the cost of the treatment to the extent of his

24-32  financial resources; and

24-33  (c) He [has served or will serve a term of imprisonment in jail of 1 day,

24-34  or has performed or] will perform [48] 24 hours of work for the

24-35  community.

24-36  2.  A person may not apply to the court to undergo a program of

24-37  treatment pursuant to subsection 1 if, within the immediately preceding 7

24-38  years, he has been found guilty of:

24-39  (a) A violation of NRS 484.3795;

24-40  (b) A homicide resulting from driving or being in actual physical

24-41  control of a vehicle while under the influence of intoxicating liquor or a

24-42  controlled substance or resulting from any other conduct prohibited by

24-43  NRS 484.379 or 484.3795; or

24-44  (c) A violation of a law of any other jurisdiction that prohibits the same

24-45  or similar conduct as set forth in paragraph (a) or (b).

24-46  3.  For the purposes of subsection 1, a violation of a law of any other

24-47  jurisdiction that prohibits the same or similar conduct as NRS 484.379

24-48  constitutes a violation of NRS 484.379.

25-1    4.  A prosecuting attorney may, within 10 days after receiving notice of

25-2  an application for treatment pursuant to this section, request a hearing on

25-3  the question of whether the offender is eligible to undergo a program of

25-4  treatment for alcoholism or drug abuse. The court shall order a hearing on

25-5  the application upon the request of the prosecuting attorney or may order a

25-6  hearing on its own motion. The hearing must be limited to the question of

25-7  whether the offender is eligible to undergo such a program of treatment.

25-8    5.  At the hearing on the application for treatment, the prosecuting

25-9  attorney may present the court with any relevant evidence on the matter. If

25-10  a hearing is not held, the court shall decide the matter upon affidavits and

25-11  other information before the court.

25-12  6.  If the court grants an application for treatment, the court shall:

25-13  (a) Immediately sentence the offender and enter judgment accordingly.

25-14  (b) Suspend the sentence of the offender for not more than 3 years upon

25-15  the condition that the offender be accepted for treatment by a treatment

25-16  facility, that he complete the treatment satisfactorily and that he comply

25-17  with any other condition ordered by the court.

25-18  (c) Advise the offender that:

25-19     (1) If he is accepted for treatment by such a facility, he may be placed

25-20  under the supervision of the facility for a period not to exceed 3 years and

25-21  during treatment he may be confined in an institution or, at the discretion

25-22  of the facility, released for treatment or supervised aftercare in the

25-23  community.

25-24     (2) If he is not accepted for treatment by such a facility or he fails to

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

25-26  by the court. Any sentence of imprisonment must be reduced by a time

25-27  equal to that which he served before beginning treatment.

25-28     (3) If he completes the treatment satisfactorily, his sentence will be

25-29  reduced to [a term of imprisonment which is] performing work for the

25-30  community for no longer than that provided for the offense in paragraph

25-31  (c) of subsection 1 and a fine of not more than the minimum fine provided

25-32  for the offense in NRS 484.3792, but the conviction must remain on his

25-33  record of criminal history.

25-34  7.  The court shall administer the program of treatment pursuant to the

25-35  procedures provided in NRS 458.320 and 458.330, except that the court:

25-36  (a) Shall not defer the sentence, set aside the conviction or impose

25-37  conditions upon the election of treatment except as otherwise provided in

25-38  this section.

25-39  (b) May immediately revoke the suspension of sentence for a violation

25-40  of any condition of the suspension.

25-41  8.  The court shall notify the department, on a form approved by the

25-42  department, upon granting the application of the offender for treatment ,

25-43  [and] his failure to be accepted for or complete treatment[.] or his

25-44  completion of treatment and satisfaction of all the requirements of his

25-45  sentence set forth by the court.

25-46  Sec. 21.  NRS 484.3794 is hereby amended to read as follows:

25-47  484.3794  1.  Except as otherwise provided in subsection 2, a person

25-48  who is found guilty of a second violation of NRS 484.379 within 7 years

25-49  may, at that time or any time before he is sentenced, apply to the court to

26-1  undergo a program of treatment for alcoholism or drug abuse which is

26-2  certified by the bureau of alcohol and drug abuse in the department of

26-3  human resources for at least 1 year if:

26-4    (a) He is diagnosed as an alcoholic or abuser of drugs by:

26-5      (1) An alcohol and drug abuse counselor who is licensed or certified

26-6  pursuant to chapter 641C of NRS to make that diagnosis; or

26-7      (2) A physician who is certified to make that diagnosis by the board

26-8  of medical examiners;

26-9    (b) He agrees to pay the costs of the treatment to the extent of his

26-10  financial resources; and

26-11  (c) He has served or will serve a term of imprisonment in jail of 5 days .

26-12  [, and if required pursuant to NRS 484.3792, has performed or will perform

26-13  not less than 50 hours, but not more than 100 hours, of work for the

26-14  community.]

26-15  2.  A person may not apply to the court to undergo a program of

26-16  treatment pursuant to subsection 1 if, within the immediately preceding 7

26-17  years, he has been found guilty of:

26-18  (a) A violation of NRS 484.3795;

26-19  (b) A homicide resulting from driving or being in actual physical

26-20  control of a vehicle while under the influence of intoxicating liquor or a

26-21  controlled substance or resulting from any other conduct prohibited by

26-22  NRS 484.379 or 484.3795; or

26-23  (c) A violation of a law of any other jurisdiction that prohibits the same

26-24  or similar conduct as set forth in paragraph (a) or (b).

26-25  3.  For the purposes of subsection 1, a violation of a law of any other

26-26  jurisdiction that prohibits the same or similar conduct as NRS 484.379

26-27  constitutes a violation of NRS 484.379.

26-28  4.  A prosecuting attorney may, within 10 days after receiving notice of

26-29  an application for treatment pursuant to this section, request a hearing on

26-30  the matter. The court shall order a hearing on the application upon the

26-31  request of the prosecuting attorney or may order a hearing on its own

26-32  motion.

26-33  5.  At the hearing on the application for treatment, the prosecuting

26-34  attorney may present the court with any relevant evidence on the matter. If

26-35  a hearing is not held, the court shall decide the matter upon affidavits and

26-36  other information before the court.

26-37  6.  If the court determines that an application for treatment should be

26-38  granted, the court shall:

26-39  (a) Immediately sentence the offender and enter judgment accordingly.

26-40  (b) Suspend the sentence of the offender for not more than 3 years upon

26-41  the condition that the offender be accepted for treatment by a treatment

26-42  facility, that he complete the treatment satisfactorily and that he comply

26-43  with any other condition ordered by the court.

26-44  (c) Advise the offender that:

26-45     (1) If he is accepted for treatment by such a facility, he may be placed

26-46  under the supervision of the facility for a period not to exceed 3 years and

26-47  during treatment he may be confined in an institution or, at the discretion

26-48  of the facility, released for treatment or supervised aftercare in the

26-49  community.

27-1      (2) If he is not accepted for treatment by such a facility or he fails to

27-2  complete the treatment satisfactorily, he shall serve the sentence imposed

27-3  by the court. Any sentence of imprisonment must be reduced by a time

27-4  equal to that which he served before beginning treatment.

27-5      (3) If he completes the treatment satisfactorily, his sentence will be

27-6  reduced to a term of imprisonment which is no longer than that provided

27-7  for the offense in paragraph (c) of subsection 1 and a fine of not more than

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

27-9  must remain on his record of criminal history.

27-10  7.  The court shall administer the program of treatment pursuant to the

27-11  procedures provided in NRS 458.320 and 458.330, except that the court:

27-12  (a) Shall not defer the sentence, set aside the conviction or impose

27-13  conditions upon the election of treatment except as otherwise provided in

27-14  this section.

27-15  (b) May immediately revoke the suspension of sentence for a violation

27-16  of a condition of the suspension.

27-17  8.  The court shall notify the department, on a form approved by the

27-18  department, upon granting the application of the offender for treatment and

27-19  his failure to be accepted for or complete treatment.

27-20  Sec. 22.  NRS 484.382 is hereby amended to read as follows:

27-21  484.382  1.  Any person who drives or is in actual physical control of

27-22  a vehicle on a highway or on premises to which the public has access shall

27-23  be deemed to have given his consent to a preliminary test of his breath to

27-24  determine the concentration of alcohol in his breath when the test is

27-25  administered at the direction of a police officer at the scene of a vehicle

27-26  accident or collision or where he stops a vehicle, if the officer has

27-27  reasonable grounds to believe that the person to be tested was:

27-28  (a) Driving or in actual physical control of a vehicle while under the

27-29  influence of intoxicating liquor or a controlled substance; or

27-30  (b) Engaging in any other conduct prohibited by NRS 484.379 or

27-31  484.3795.

27-32  2.  If the person fails to submit to the test, the officer shall [seize his

27-33  license or permit to drive as provided in NRS 484.385 and] arrest him and

27-34  take him to a convenient place for the administration of a reasonably

27-35  available evidentiary test under NRS 484.383.

27-36  3.  The result of the preliminary test must not be used in any criminal

27-37  action, except to show there were reasonable grounds to make an arrest.

27-38  Sec. 23.  NRS 484.3943 is hereby amended to read as follows:

27-39  484.3943  1.  Except as otherwise provided in subsection 5, a court[:

27-40  (a) May order a person convicted of a first violation of NRS 484.379,

27-41  for a period of not less than 3 months nor more than 6 months; and

27-42  (b) Shall] shall order a person convicted of a third or subsequent

27-43  violation of NRS 484.379 or a violation of NRS 484.3795, for a period of

27-44  not less than 12 months nor more than 36 months, to install at his own

27-45  expense a device in any motor vehicle which he owns or operates as a

27-46  condition to obtaining a restricted license pursuant to subsection 3 of NRS

27-47  483.490.

27-48  2.  A court may order a person convicted of a violation of NRS 484.379

27-49  or 484.3795, for a period determined by the court, other than a first

28-1  violation within 7 years of NRS 484.379, to install at his own expense a

28-2  device in any motor vehicle which he owns or operates as a condition of

28-3  reinstatement of his driving privilege.

28-4    3.  If the court orders a person to install a device pursuant to subsection

28-5  1 or 2:

28-6    (a) The court shall immediately prepare and transmit a copy of its order

28-7  to the director. The order must include a statement that a device is required

28-8  and the specific period for which it is required. The director shall cause this

28-9  information to be incorporated into the records of the department and noted

28-10  as a restriction on the person’s driver’s license.

28-11  (b) The person who is required to install the device shall provide proof

28-12  of compliance to the department before he may receive a restricted license

28-13  or before his driving privilege may be reinstated, as applicable. Each model

28-14  of a device installed pursuant to this section must have been certified by

28-15  the committee on testing for intoxication.

28-16  4.  A person whose driving privilege is restricted pursuant to this

28-17  section shall[:

28-18  (a) If he was ordered to install a device pursuant to paragraph (a) of

28-19  subsection 1, have the device inspected by the manufacturer of the device

28-20  or its agent at least one time during the period in which he is required to

28-21  use the device; or

28-22  (b) If] , if he was ordered to install a device pursuant to [paragraph (b)

28-23  of] subsection 1, have the device inspected by the manufacturer of the

28-24  device or its agent at least one time each 90 days[,] to determine whether

28-25  the device is operating properly. An inspection required pursuant to this

28-26  subsection must be conducted in accordance with regulations adopted

28-27  pursuant to NRS 484.3888. The manufacturer or its agent shall submit a

28-28  report to the director indicating whether the device is operating properly

28-29  and whether it has been tampered with. If the device has been tampered

28-30  with, the director shall notify the court that ordered the installation of the

28-31  device.

28-32  5.  If a person is required to operate a motor vehicle in the course and

28-33  scope of his employment and the motor vehicle is owned by his employer,

28-34  the person may operate that vehicle without the installation of a device, if:

28-35  (a) The employee notifies his employer that the employee’s driving

28-36  privilege has been so restricted; and

28-37  (b) The employee has proof of that notification in his possession or the

28-38  notice, or a facsimile copy thereof, is with the motor vehicle.

28-39  This exemption does not apply to a motor vehicle owned by a business

28-40  which is all or partly owned or controlled by the person otherwise subject

28-41  to this section.

28-42  Sec. 24.  NRS 484.3945 is hereby amended to read as follows:

28-43  484.3945  1.  A person required to install a device pursuant to NRS

28-44  484.3943 shall not operate a motor vehicle without a device or tamper with

28-45  the device.

28-46  2.  A person who violates any provision of subsection 1:

28-47  (a) Must have his driving privilege revoked in the manner set forth in

28-48  subsection [4] 5 of NRS 483.460; and

28-49  (b) Shall be:

29-1      (1) Punished by imprisonment in jail for not less than 30 days nor

29-2  more than 6 months; or

29-3      (2) Sentenced to a term of not less than 60 days in residential

29-4  confinement nor more than 6 months, and by a fine of not less than $500

29-5  nor more than $1,000.

29-6  No person who is punished pursuant to this section may be granted

29-7  probation and no sentence imposed for such a violation may be suspended.

29-8  No prosecutor may dismiss a charge of such a violation in exchange for a

29-9  plea of guilty, of guilty but mentally ill or of nolo contendere to a lesser

29-10  charge or for any other reason unless, in his judgment, the charge is not

29-11  supported by probable cause or cannot be proved at trial.

29-12  Sec. 25.  NRS 484.791 is hereby amended to read as follows:

29-13  484.791  1.  Any peace officer may, without a warrant, arrest a person

29-14  if the officer has reasonable cause for believing that the person has

29-15  committed any of the following offenses:

29-16  (a) Homicide by vehicle;

29-17  (b) A violation of NRS 484.379;

29-18  (c) A violation of NRS 484.3795;

29-19  (d) Failure to stop, give information or render reasonable assistance in

29-20  the event of an accident resulting in death or personal injuries in violation

29-21  of NRS 484.219 or 484.223;

29-22  (e) Failure to stop or give information in the event of an accident

29-23  resulting in damage to a vehicle or to other property legally upon or

29-24  adjacent to a highway in violation of NRS 484.221 or 484.225;

29-25  (f) Reckless driving;

29-26  (g) Driving a motor vehicle on a highway or on premises to which the

29-27  public has access at a time when his driver’s license has been canceled,

29-28  revoked or suspended; or

29-29  (h) Driving a motor vehicle in any manner in violation of the

29-30  restrictions imposed in a restricted license issued to him pursuant to NRS

29-31  483.490[.] or subsection 2 of NRS 484.385.

29-32  2.  Whenever any person is arrested as authorized in this section, he

29-33  must be taken without unnecessary delay before the proper magistrate as

29-34  specified in NRS 484.803, except that in the case of either of the offenses

29-35  designated in paragraphs (e) and (f) of subsection 1 a peace officer has the

29-36  same discretion as is provided in other cases in NRS 484.795.

29-37  Sec. 26.  NRS 484.384, 484.385 and 484.387 are hereby repealed.

29-38  Sec. 27.  The amendatory provisions of this act do not apply to

29-39  offenses committed before October 1, 2001.

 

29-40  TEXT OF REPEALED SECTIONS

 

29-41  484.384  Driving under the influence of intoxicating liquor: Test

29-42   showing concentration of alcohol of 0.10 or more in blood or breath;

29-43   revocation of license, permit or privilege; periods of ineligibility to run

29-44   consecutively.

30-1    1.  If the result of a test given under NRS 484.382 or 484.383 shows

30-2  that a person had a concentration of alcohol of 0.10 or more in his blood or

30-3   breath at the time of the test, his license, permit or privilege to drive must

30-4   be revoked as provided in NRS 484.385 and he is not eligible for a license,

30-5   permit or privilege for a period of 90 days.

30-6    2.  If a revocation of a person’s license, permit or privilege to drive

30-7   under NRS 62.227 or 483.460 follows a revocation under subsection 1

30-8   which was based on his having a concentration of alcohol of 0.10 or more

30-9   in his blood or breath, the department shall cancel the revocation under

30-10   that subsection and give the person credit for any period during which he

30-11   was not eligible for a license, permit or privilege.

30-12  3.  Periods of ineligibility for a license, permit or privilege to drive

30-13   which are imposed pursuant to this section must run consecutively.

30-14  484.385  Driving under the influence of intoxicating liquor or

30-15   prohibited substance: Seizure of license or permit; order of

30-16   revocation; administrative and judicial review; temporary license;

30-17   sufficiency of notice.

30-18  1.  As agent for the department, the officer who obtained the result of a

30-19   test given pursuant to NRS 484.382 or 484.383 shall immediately serve an

30-20   order of revocation of the license, permit or privilege to drive on a person

30-21   who has a concentration of alcohol of 0.10 or more in his blood or breath

30-22   or has a detectable amount of a prohibited substance in his blood or urine,

30-23   if that person is present, and shall seize his license or permit to drive. The

30-24   officer shall then advise him of his right to administrative and judicial

30-25   review of the revocation and to have a temporary license, and shall issue

30-26   him a temporary license on a form approved by the department if he

30-27   requests one, which is effective for only 7 days including the date of

30-28   issuance. The officer shall immediately transmit the person’s license or

30-29   permit to the department along with the written certificate required by

30-30   subsection 2.

30-31  2.  When a police officer has served an order of revocation of a driver’s

30-32   license, permit or privilege on a person pursuant to subsection 1, or later

30-33   receives the result of an evidentiary test which indicates that a person, not

30-34   then present, had a concentration of alcohol of 0.10 or more in his blood or

30-35   breath or had a detectable amount of a prohibited substance in his blood or

30-36   urine, the officer shall immediately prepare and transmit to the

30-37   department, together with the seized license or permit and a copy of the

30-38   result of the test, a written certificate that he had reasonable grounds to

30-39   believe that the person had been driving or in actual physical control of a

30-40   vehicle with a concentration of alcohol of 0.10 or more in his blood or

30-41   breath or with a detectable amount of a prohibited substance in his blood

30-42   or urine, as determined by a chemical test. The certificate must also

30-43   indicate whether the officer served an order of revocation on the person

30-44   and whether he issued the person a temporary license.

30-45  3.  The department, upon receipt of such a certificate for which an

30-46   order of revocation has not been served, after examining the certificate and

30-47   copy of the result of the chemical test, if any, and finding that revocation

30-48   is proper, shall issue an order revoking the person’s license, permit or

30-49   privilege to drive by mailing the order to the person at his last known

31-1  address. The order must indicate the grounds for the revocation and the

31-2  period during which the person is not eligible for a license, permit or

31-3   privilege to drive and state that the person has a right to administrative and

31-4   judicial review of the revocation and to have a temporary license. The

31-5   order of revocation becomes effective 5 days after mailing.

31-6    4.  Notice of an order of revocation and notice of the affirmation of a

31-7   prior order of revocation or the cancellation of a temporary license

31-8   provided in NRS 484.387 is sufficient if it is mailed to the person’s last

31-9   known address as shown by any application for a license. The date of

31-10   mailing may be proved by the certificate of any officer or employee of the

31-11   department, specifying the time of mailing the notice. The notice is

31-12   presumed to have been received upon the expiration of 5 days after it is

31-13   deposited, postage prepaid, in the United States mail.

31-14  484.387  Driving under the influence of intoxicating liquor or

31-15   prohibited substance: Hearing by department; additional temporary

31-16   license; judicial review; cancellation of temporary license.

31-17  1.  At any time while a person is not eligible for a license, permit or

31-18   privilege to drive following an order of revocation issued pursuant to NRS

31-19   484.385, he may request in writing a hearing by the department to review

31-20   the order of revocation, but he is only entitled to one hearing. The hearing

31-21   must be conducted within 15 days after receipt of the request, or as soon

31-22   thereafter as is practicable, in the county where the requester resides

31-23   unless the parties agree otherwise. The director or his agent may issue

31-24   subpoenas for the attendance of witnesses and the production of relevant

31-25   books and papers and may require a reexamination of the requester. The

31-26   department shall issue an additional temporary license for a period which

31-27   is sufficient to complete the administrative review.

31-28  2.  The scope of the hearing must be limited to the issue of whether the

31-29   person, at the time of the test, had a concentration of alcohol of 0.10 or

31-30   more in his blood or breath or a detectable amount of a prohibited

31-31   substance in his blood or urine. Upon an affirmative finding on this issue,

31-32   the department shall affirm the order of revocation. Otherwise, the order of

31-33   revocation must be rescinded.

31-34  3.  If, after the hearing, the order of revocation is affirmed, the person

31-35   whose license, privilege or permit has been revoked is entitled to a review

31-36   of the same issues in district court in the same manner as provided by

31-37   chapter 233B of NRS. The court shall notify the department upon the

31-38   issuance of a stay and the department shall issue an additional temporary

31-39   license for a period which is sufficient to complete the review.

31-40  4.  If a hearing officer grants a continuance of a hearing at the request

31-41   of the person whose license was revoked, or a court does so after issuing a

31-42   stay of the revocation, the officer or court shall notify the department, and

31-43   the department shall cancel the temporary license and notify the holder by

31-44   mailing the order of cancellation to his last known address.

 

31-45  H