(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 666–Committee on Judiciary

 

(On Behalf of Legislative Commission)

 

May 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various technical changes to provisions of Nevada Revised Statutes. (BDR S‑1071)

 

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 Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; 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. Chapter 0 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    Except as otherwise expressly provided in a particular statute or

1-4  required by the context, “include,” “includes” or “including” when

1-5  following any general statement, term or matter, shall not be construed to

1-6  limit the statement, term or matter to the specific items or matters set

1-7  forth immediately following the statement, term or matter, regardless of

1-8  whether the term is followed by nonlimiting language such as “without

1-9  limitation,” “but not limited to” or other similar language.

1-10    Sec. 2.  NRS 4.373 is hereby amended to read as follows:

1-11    4.373  1.  Except as otherwise provided in subsection 2, NRS

1-12  211A.127 or another specific statute, or unless the suspension of a sentence

1-13  is expressly forbidden, a justice of the peace may suspend, for not more

1-14  than 1 year, the sentence of a person convicted of a misdemeanor. If the

1-15  circumstances warrant, the justice of the peace may order as a condition of

1-16  suspension that the offender:

1-17    (a) Make restitution to the owner of any property that is lost, damaged

1-18  or destroyed as a result of the commission of the offense;

1-19    (b) Engage in a program of [work for the benefit of the community,]

1-20  community service, for not more than 200 hours;

2-1    (c) Actively participate in a program of professional counseling at the

2-2  expense of the offender;

2-3    (d) Abstain from the use of alcohol and controlled substances;

2-4    (e) Refrain from engaging in any criminal activity;

2-5    (f) Engage or refrain from engaging in any other conduct deemed

2-6  appropriate by the justice of the peace;

2-7    (g) Submit to a search and seizure by the chief of a department of

2-8  alternative sentencing, an assistant alternative sentencing officer or any

2-9  other law enforcement officer at any time of the day or night without a

2-10  search warrant; and

2-11    (h) Submit to periodic tests to determine whether the offender is using a

2-12  controlled substance or consuming alcohol.

2-13    2.  If a person is convicted of a misdemeanor that constitutes domestic

2-14  violence pursuant to NRS 33.018, the justice of the peace may, after the

2-15  person has served any mandatory minimum period of confinement,

2-16  suspend the remainder of the sentence of the person for not more than 3

2-17  years upon the condition that the person actively participate in:

2-18    (a) A program of treatment for the abuse of alcohol or drugs which is

2-19  certified by the health division of the department of human resources;

2-20    (b) A program for the treatment of persons who commit domestic

2-21  violence that has been certified pursuant to NRS 228.470; or

2-22    (c) The programs set forth in paragraphs (a) and (b),

2-23  and that he comply with any other condition of suspension ordered by the

2-24  justice of the peace.

2-25    3.  The justice of the peace may order reports from a person whose

2-26  sentence is suspended at such times as he deems appropriate concerning

2-27  the compliance of the offender with the conditions of suspension. If the

2-28  offender complies with the conditions of suspension to the satisfaction of

2-29  the justice of the peace, the sentence may be reduced to not less than the

2-30  minimum period of confinement established for the offense.

2-31    4.  The justice of the peace may issue a warrant for the arrest of an

2-32  offender who violates or fails to fulfill a condition of suspension.

2-33    Sec. 3.  NRS 5.055 is hereby amended to read as follows:

2-34    5.055  1.  Except as otherwise provided in subsection 2, NRS

2-35  211A.127 or another specific statute, or unless the suspension of a sentence

2-36  is expressly forbidden, a municipal judge may suspend, for not more than 1

2-37  year, the sentence of a person convicted of a misdemeanor. If the

2-38  circumstances warrant, the municipal judge may order as a condition of

2-39  suspension that the offender:

2-40    (a) Make restitution to the owner of any property that is lost, damaged

2-41  or destroyed as a result of the commission of the offense;

2-42    (b) Engage in a program of [work for the benefit of the community,]

2-43  community service, for not more than 200 hours;

2-44    (c) Actively participate in a program of professional counseling at the

2-45  expense of the offender;

2-46    (d) Abstain from the use of alcohol and controlled substances;

2-47    (e) Refrain from engaging in any criminal activity;

2-48    (f) Engage or refrain from engaging in any other conduct deemed

2-49  appropriate by the municipal judge;

3-1    (g) Submit to a search and seizure by the chief of a department of

3-2  alternative sentencing, an assistant alternative sentencing officer or any

3-3  other law enforcement officer at any time of the day or night without a

3-4  search warrant; and

3-5    (h) Submit to periodic tests to determine whether the offender is using

3-6  any controlled substance or alcohol.

3-7    2.  If a person is convicted of a misdemeanor that constitutes domestic

3-8  violence pursuant to NRS 33.018, the municipal judge may, after the

3-9  person has served any mandatory minimum period of confinement,

3-10  suspend the remainder of the sentence of the person for not more than 3

3-11  years upon the condition that the person actively participate in:

3-12    (a) A program of treatment for the abuse of alcohol or drugs which is

3-13  certified by the health division of the department of human resources;

3-14    (b) A program for the treatment of persons who commit domestic

3-15  violence that has been certified pursuant to NRS 228.470; or

3-16    (c) The programs set forth in paragraphs (a) and (b),

3-17  and that he comply with any other condition of suspension ordered by the

3-18  municipal judge.

3-19    3.  The municipal judge may order reports from a person whose

3-20  sentence is suspended at such times as he deems appropriate concerning

3-21  the compliance of the offender with the conditions of suspension. If the

3-22  offender complies with the conditions of suspension to the satisfaction of

3-23  the municipal judge, the sentence may be reduced to not less than the

3-24  minimum period of confinement established for the offense.

3-25    4.  The municipal judge may issue a warrant for the arrest of an

3-26  offender who violates or fails to fulfill a condition of suspension.

3-27    Sec. 4.  NRS 33.100 is hereby amended to read as follows:

3-28    33.100  1.  A person who violates a temporary or extended order is

3-29  guilty of a misdemeanor, unless a more severe penalty is prescribed by law

3-30  for the act that constitutes the violation of the order. If the violation is

3-31  accompanied by a violent physical act by the adverse party against a person

3-32  protected by the order, the court shall:

3-33    (a) Impose upon the adverse party a fine of $1,000 or require him to

3-34  perform a minimum of 200 hours of [work for the community;] community

3-35  service;

3-36    (b) Sentence him to imprisonment for not fewer than 5 days nor more

3-37  than 6 months;

3-38    (c) Order him to reimburse the applicant, in an amount determined by

3-39  the court, for all costs and attorney’s fees incurred by the applicant in

3-40  seeking to enforce the temporary or extended order, and for all medical

3-41  expenses of the applicant and any minor child incurred as a result of the

3-42  violent physical act; and

3-43    (d) Order him to participate in and complete a program of professional

3-44  counseling, at his own expense, if such counseling is available.

3-45    2.  The adverse party shall comply with the order for reimbursement of

3-46  the applicant before paying a fine imposed pursuant to this section.

3-47    Sec. 5.  NRS 48.061 is hereby amended to read as follows:

3-48    48.061  Evidence of domestic violence as defined in NRS 33.018 and

3-49  expert testimony concerning the effect of domestic violence on the beliefs,

4-1  behavior and perception of the person alleging the domestic violence is

4-2  admissible in chief and in rebuttal, when determining:

4-3    1.  Whether a person is excepted from criminal liability pursuant to

4-4  subsection [7] 6 of NRS 194.010, to show the state of mind of the

4-5  defendant.

4-6    2.  Whether a person in accordance with NRS 200.200 has killed

4-7  another in self-defense, toward the establishment of the legal defense.

4-8    Sec. 6.  NRS 62.129 is hereby amended to read as follows:

4-9    62.129  1.  A child alleged to be delinquent or in need of supervision

4-10  may be placed under the informal supervision of a probation officer if the

4-11  child voluntarily admits his participation in the acts for which he was

4-12  referred to the probation officer. If any of the acts would constitute a gross

4-13  misdemeanor or felony if committed by an adult, the child may not be

4-14  placed under informal supervision unless the district attorney approves of

4-15  the placement in writing. The probation officer must advise the child and

4-16  his parent, guardian or custodian that they may refuse informal supervision.

4-17    2.  An agreement for informal supervision must be entered into

4-18  voluntarily and intelligently by the child with the advice of his attorney, or

4-19  by the child with the consent of a parent, guardian or custodian if the child

4-20  is not represented by counsel. The period of informal supervision must not

4-21  exceed 180 days. The terms of the agreement must be clearly stated in

4-22  writing and signed by all parties. A copy of the agreement must be given to

4-23  the child, the attorney for the child, if any, the child’s parent, guardian or

4-24  custodian, and the probation officer, who shall retain a copy in his file for

4-25  the case. The child and his parent, guardian or custodian may terminate the

4-26  agreement at any time and request the filing of a petition for formal

4-27  adjudication.

4-28    3.  An agreement for informal supervision may require a child to:

4-29    (a) Perform [public] community service or provide restitution to any

4-30  victim of the acts for which the child was referred to the probation officer;

4-31    (b) Participate in a program of restitution through work that is

4-32  established pursuant to NRS 62.2185 if the child:

4-33      (1) Is 14 years of age or older;

4-34      (2) Has never been found to be within the purview of this chapter for

4-35  an unlawful act that involved the use or threatened use of force or violence

4-36  against a victim and has never been found to have committed such an

4-37  unlawful act in any other jurisdiction;

4-38      (3) Is required to provide restitution to a victim; and

4-39      (4) Voluntarily agrees to participate in the program of restitution

4-40  through work;

4-41    (c) Complete a program of cognitive training and human development

4-42  pursuant to NRS 62.2195 if:

4-43      (1) The child has never been found to be within the purview of this

4-44  chapter; and

4-45      (2) The unlawful act for which the child is found to be within the

4-46  purview of this chapter did not involve the use or threatened use of force or

4-47  violence against a victim; or

4-48    (d) Engage in any combination of the activities set forth in paragraphs

4-49  (a), (b) and (c).

5-1    4.  If an agreement for informal supervision requires a child to

5-2  participate in a program of restitution through work as set forth in

5-3  paragraph (b) of subsection 3 or complete a program of cognitive training

5-4  and human development as set forth in paragraph (c) of subsection 3, the

5-5  agreement may also require any or all of the following, in the following

5-6  order of priority if practicable:

5-7    (a) The child or the parent or guardian of the child, to the extent of his

5-8  financial ability, to pay the costs associated with the participation of the

5-9  child in the program, including, without limitation, a reasonable sum of

5-10  money to pay for the cost of policies of insurance against liability for

5-11  personal injury and damage to property during those periods in which the

5-12  child participates in the program or performs work, and in the case of a

5-13  program of restitution through work, for industrial insurance, unless the

5-14  industrial insurance is provided by the employer for which the child

5-15  performs the work; or

5-16    (b) The child to work on projects or perform [public] community

5-17  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

5-18  period that reflects the costs associated with the participation of the child in

5-19  the program.

5-20    5.  If a child is placed under informal supervision, a petition based upon

5-21  the events out of which the original complaint arose may be filed only

5-22  within 180 days after entry into the agreement for informal supervision. If

5-23  a petition is filed within that period, the child may withdraw the admission

5-24  he made pursuant to subsection 1. The child’s compliance with all proper

5-25  and reasonable terms of the agreement constitute grounds for the court to

5-26  dismiss the petition.

5-27    6.  A probation officer shall file annually with the court a report of the

5-28  number of children placed under informal supervision during the previous

5-29  year, the conditions imposed in each case and the number of cases that

5-30  were successfully completed without the filing of a petition.

5-31    Sec. 7.  NRS 62.211 is hereby amended to read as follows:

5-32    62.211  1.  Except as otherwise provided in this chapter, if the court

5-33  finds that a child is within the purview of this chapter, it shall so decree and

5-34  may:

5-35    (a) Place the child under supervision in his own home or in the custody

5-36  of a suitable person elsewhere, upon such conditions as the court may

5-37  determine. A program of supervision in the home may include electronic

5-38  surveillance of the child. The legislature declares that a program of

5-39  supervision that includes electronic surveillance is intended as an

5-40  alternative to commitment and not as an alternative to probation, informal

5-41  supervision or a supervision and consent decree.

5-42    (b) Commit the child to the custody of a public or private institution or

5-43  agency authorized to care for children, or place him in a home with a

5-44  family. In committing a child to a private institution or agency the court

5-45  shall select one that is required to be licensed by the department of human

5-46  resources to care for such children, or, if the institution or agency is in

5-47  another state, by the analogous department of that state. The court shall not

5-48  commit a female child to a private institution without prior approval of the

5-49  superintendent of the Caliente youth center, and shall not commit a male

6-1  child to a private institution without prior approval of the superintendent of

6-2  the Nevada youth training center.

6-3    (c) Order such medical, psychiatric, psychological or other care and

6-4  treatment as the court deems to be for the best interests of the child, except

6-5  as otherwise provided in this section.

6-6    (d) Order the parent, guardian, custodian or any other person to refrain

6-7  from continuing the conduct which, in the opinion of the court, has caused

6-8  or tended to cause the child to come within or remain under the provisions

6-9  of this chapter.

6-10    (e) If the child is less than 18 years of age, order:

6-11      (1) The parent, guardian or custodian of the child; and

6-12      (2) Any brother, sister or other person who is living in the

6-13  same household as the child over whom the court has

6-14  jurisdiction,

6-15  to attend or participate in counseling, with or without the child, including,

6-16  but not limited to, counseling regarding parenting skills, alcohol or

6-17  substance abuse, or techniques of dispute resolution.

6-18    (f) Order the parent or guardian of the child to participate in a program

6-19  designed to provide restitution to the victim of an act committed by the

6-20  child or to perform [public] community service.

6-21    (g) Order the parent or guardian of the child to pay all or part of the cost

6-22  of the proceedings, including, but not limited to, reasonable attorney’s fees,

6-23  any costs incurred by the court and any costs incurred in the investigation

6-24  of an act committed by the child and the taking into custody of the child.

6-25    (h) Order the suspension of the child’s driver’s license for at least 90

6-26  days but not more than 2 years. If the child does not possess a driver’s

6-27  license, the court may prohibit the child from receiving a driver’s license

6-28  for at least 90 days but not more than 2 years:

6-29      (1) Immediately following the date of the order, if the child is eligible

6-30  to receive a driver’s license.

6-31      (2) After the date he becomes eligible to apply for a driver’s license,

6-32  if the child is not eligible to receive a license on the date of the

6-33  order.

6-34  If the court issues an order suspending the driver’s license of a child

6-35  pursuant to this paragraph, the judge shall require the child to surrender to

6-36  the court all driver’s licenses then held by the child. The court shall, within

6-37  5 days after issuing the order, forward to the department of motor vehicles

6-38  and public safety the licenses, together with a copy of the order. If,

6-39  pursuant to this paragraph, the court issues an order delaying the ability of

6-40  a child to receive a driver’s license, the court shall, within 5 days after

6-41  issuing the order, forward to the department of motor vehicles and public

6-42  safety a copy of the order. The department of motor vehicles and public

6-43  safety shall report a suspension pursuant to this paragraph to an insurance

6-44  company or its agent inquiring about the child’s driving record, but such a

6-45  suspension must not be considered for the purpose of rating or

6-46  underwriting. The department of motor vehicles and public safety shall not

6-47  require the child to submit to the tests and other requirements which are

6-48  adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

6-49  condition of reinstatement or reissuance after a suspension of his license

7-1  pursuant to this paragraph, unless the suspension resulted from his poor

7-2  performance as a driver.

7-3    (i) Place the child, when he is not in school, under the supervision of:

7-4       (1) A public organization to work on public projects;

7-5       (2) A public agency to work on projects to eradicate graffiti; or

7-6       (3) A private nonprofit organization to perform other [public]

7-7  community service.

7-8  The person under whose supervision the child is placed shall keep the child

7-9  busy and well supervised and shall make such reports to the court as it may

7-10  require. As a condition of such a placement, the court may require the child

7-11  or his parent or guardian to deposit with the court a reasonable sum of

7-12  money to pay for the cost of policies of insurance against liability for

7-13  personal injury and damage to property or for industrial insurance, or both,

7-14  during those periods in which he performs the work[,] or community

7-15  service, unless, in the case of industrial insurance, it is provided by the

7-16  organization or agency for which he performs the work[.] or community

7-17  service.

7-18    (j) Permit the child to reside in a residence without the immediate

7-19  supervision of an adult, or exempt the child from mandatory attendance at

7-20  school so that the child may be employed full time, or both, if the child is

7-21  at least 16 years of age, has demonstrated the capacity to benefit from this

7-22  placement or exemption and is under the strict supervision of the juvenile

7-23  division.

7-24    (k) Require the child to provide restitution to the victim of the crime

7-25  which the child has committed.

7-26    (l) Impose a fine on the child. If a fine is imposed, the court shall

7-27  impose an administrative assessment pursuant to NRS 62.2175.

7-28    (m) If the child has not previously been found to be within the purview

7-29  of this chapter and if the act for which the child is found to be within the

7-30  purview of this chapter did not involve the use or threatened use of force or

7-31  violence, order the child to participate in a publicly or privately operated

7-32  program of sports or physical fitness that is adequately supervised or a

7-33  publicly or privately operated program for the arts that is adequately

7-34  supervised. A program for the arts may include, but is not limited to,

7-35  drawing, painting, photography or other visual arts, musical, dance or

7-36  theatrical performance, writing or any other structured activity that

7-37  involves creative or artistic expression. If the court orders the child to

7-38  participate in a program of sports or physical fitness or a program for the

7-39  arts, the court may order any or all of the following, in the following order

7-40  of priority if practicable:

7-41      (1) The parent or guardian of the child, to the extent of his financial

7-42  ability, to pay the costs associated with the participation of the child in the

7-43  program, including, but not limited to, a reasonable sum of money to pay

7-44  for the cost of policies of insurance against liability for personal injury and

7-45  damage to property during those periods in which the child participates in

7-46  the program;

7-47      (2) The child to work on projects or perform [public] community

7-48  service pursuant to paragraph (i) for a period that reflects the costs

7-49  associated with the participation of the child in the program; or

8-1       (3) The county in which the petition alleging the child to be

8-2  delinquent or in need of supervision is filed to pay the costs associated with

8-3  the participation of the child in the program.

8-4    2.  If the court finds that a child who is less than 17 years of age has

8-5  committed a delinquent act, the court may order the parent or guardian of

8-6  the child to pay any fines and penalties imposed for the delinquent act. If

8-7  the parent or guardian is unable to pay the fines and penalties imposed

8-8  because of financial hardship, the court may require the parent or guardian

8-9  to perform community service.

8-10    3.  In determining the appropriate disposition of a case concerning a

8-11  child found to be within the purview of this chapter, the court shall

8-12  consider whether the act committed by the child involved the use of a

8-13  firearm or the use or threatened use of force or violence against the victim

8-14  of the act and whether the child is a serious or chronic offender. If the court

8-15  finds that the act committed by the child involved the use of a firearm or

8-16  the use or threatened use of force or violence against the victim or that the

8-17  child is a serious or chronic offender, the court shall include the finding in

8-18  its order and may, in addition to the options set forth in subsections 1 and 2

8-19  of this section and NRS 62.213:

8-20    (a) Commit the child for confinement in a secure facility, including a

8-21  facility which is secured by its staff.

8-22    (b) Impose any other punitive measures the court determines to be in the

8-23  best interests of the public or the child.

8-24    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any

8-25  time, either on its own volition or for good cause shown, the court may

8-26  terminate its jurisdiction concerning the child.

8-27    5.  Whenever the court commits a child to any institution or agency

8-28  pursuant to this section or NRS 62.213, it shall transmit a summary of its

8-29  information concerning the child and order the administrator of the school

8-30  that the child last attended to transmit a copy of the child’s educational

8-31  records to the institution or agency. The institution or agency shall give to

8-32  the court any information concerning the child that the court may require.

8-33    6.  In determining whether to place a child pursuant to this section in

8-34  the custody of a person other than his parent, guardian or custodian,

8-35  preference must be given to any person related within the third degree of

8-36  consanguinity to the child whom the court finds suitable and able to

8-37  provide proper care and guidance for the child.

8-38    Sec. 8.  NRS62.2185 is hereby amended to read as follows:

8-39    62.2185  1.  In addition to the options set forth in NRS 62.211 and

8-40  62.213, the court may order a child who is found to be within the purview

8-41  of this chapter to participate in a program of restitution through work that

8-42  is established pursuant to this section if the child:

8-43    (a) Is 14 years of age or older;

8-44    (b) Has never been found to be within the purview of this chapter for an

8-45  unlawful act that involved the use or threatened use of force or violence

8-46  against a victim and has never been found to have committed such an

8-47  unlawful act in any other jurisdiction;

8-48    (c) Is ordered to provide restitution to a victim; and

9-1    (d) Voluntarily agrees to participate in the program of restitution

9-2  through work.

9-3    2.  If the court orders a child to participate in a program of restitution

9-4  through work, the court may order any or all of the following, in the

9-5  following order of priority if practicable:

9-6    (a) The child or the parent or guardian of the child, to the extent of his

9-7  financial ability, to pay the costs associated with the participation of the

9-8  child in the program, including, without limitation, a reasonable sum of

9-9  money to pay for the cost of policies of insurance against liability for

9-10  personal injury and damage to property or for industrial insurance, or both,

9-11  during those periods in which the child participates in the program or

9-12  performs work, unless, in the case of industrial insurance, it is provided by

9-13  the employer for which the child performs the work; or

9-14    (b) The child to work on projects or perform [public] community

9-15  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

9-16  period that reflects the costs associated with the participation of the child in

9-17  the program.

9-18    3.  A director of juvenile services may establish a program of

9-19  restitution through work. A program of restitution through work must:

9-20    (a) Include, without limitation, instruction in skills for employment and

9-21  work ethics; and

9-22    (b) Require a child who participates in the program to:

9-23      (1) With the assistance of the program and if practicable, seek and

9-24  obtain a position of employment with a public or private employer; and

9-25      (2) Sign an authorization form that permits money to be deducted

9-26  from the wages of the child to pay restitution. The director of juvenile

9-27  services may prescribe the contents of the authorization form and may

9-28  determine the amount of money to be deducted from the wages of the child

9-29  to pay restitution, but the director shall not require that more than 50

9-30  percent of the wages of the child be deducted to pay restitution.

9-31    4.  A program of restitution through work may include, without

9-32  limitation, cooperative agreements with public or private employers to

9-33  make available positions of employment for a child who participates in the

9-34  program.

9-35    5.  A director of juvenile services may terminate participation by a

9-36  child in a program of restitution through work for any lawful reason or

9-37  purpose.

9-38    6.  A director of juvenile services may:

9-39    (a) Apply for, accept and expend grants, gifts, donations, bequests or

9-40  devises to finance a program of restitution through work in the manner

9-41  provided in section 2 of Senate Bill No. 7 of this [act;] session; and

9-42    (b) Contract with persons and public or private entities that are qualified

9-43  to operate or to participate in a program of restitution through work.

9-44    7.  A director of juvenile services may designate a person to carry out

9-45  the provisions of this section.

9-46    8.  The provisions of this section do not:

9-47    (a) Create a right on behalf of a child to participate in a program of

9-48  restitution through work or to hold a position of employment; or

10-1    (b) Establish a basis for any cause of action against the state or its

10-2  officers or employees for denial of the ability to participate in or for

10-3  removal from a program of restitution through work or for denial of or

10-4  removal from a position of employment.

10-5    Sec. 9.  NRS 62.2195 is hereby amended to read as follows:

10-6    62.2195  1.  In addition to any other action authorized pursuant to the

10-7  provisions of this chapter, the court may order a child who is found to be

10-8  within the purview of this chapter to complete a program of cognitive

10-9  training and human development pursuant to this section if:

10-10  (a) The child has never been found to be within the purview of this

10-11  chapter; and

10-12  (b) The unlawful act for which the child is found to be within the

10-13  purview of this chapter did not involve the use or threatened use of force or

10-14  violence against a victim.

10-15  2.  If the court orders a child to complete a program of cognitive

10-16  training and human development, the court may order any or all of the

10-17  following, in the following order of priority if practicable:

10-18  (a) The child or the parent or guardian of the child, to the extent of his

10-19  financial ability, to pay the costs associated with the participation of the

10-20  child in the program, including, without limitation, a reasonable sum of

10-21  money to pay for the cost of policies of insurance against liability for

10-22  personal injury and damage to property during those periods in which the

10-23  child participates in the program;

10-24  (b) The child to work on projects or perform [public] community

10-25  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

10-26  period that reflects the costs associated with the participation of the child in

10-27  the program; or

10-28  (c) The county in which the petition alleging the child to be delinquent

10-29  or in need of supervision is filed to pay the costs associated with the

10-30  participation of the child in the program.

10-31  3.  A program of cognitive training and human development must

10-32  include, without limitation, education, instruction or guidance in one or

10-33  more of the following subjects, as deemed appropriate by the court:

10-34  (a) Motivation.

10-35  (b) Habits, attitudes and conditioning.

10-36  (c) Self-conditioning processes.

10-37  (d) Developing a successful way of life.

10-38  (e) The process of solving problems.

10-39  (f) Emotions and emotional blocks.

10-40  (g) Assurances and demonstrative maturity.

10-41  (h) Family success.

10-42  (i) Family relationships.

10-43  (j) Interfamilial understanding and communications.

10-44  (k) Financial stability.

10-45  (l) Effective communications.

10-46  (m) Conflict resolution.

10-47  (n) Anger management.

10-48  (o) Obtaining and retaining employment.

10-49  4.  A director of juvenile services may:

11-1    (a) Apply for, accept and expend grants, gifts, donations, bequests or

11-2  devises to finance a program of cognitive training and human development

11-3  in the manner provided in section 3 of Senate Bill No. 7 of this [act;]

11-4  session; and

11-5    (b) Contract with persons and public or private entities that are qualified

11-6  to operate or to participate in a program of cognitive training and human

11-7  development.

11-8    5.  A director of juvenile services may designate a person to carry out

11-9  the provisions of this section.

11-10  Sec. 10.  NRS62.2275 is hereby amended to read as follows:

11-11  62.2275  1.  If a child within the jurisdiction of the juvenile court is

11-12  found by the juvenile court to have committed:

11-13  (a) An unlawful act in violation of NRS 484.379 or 484.3795;

11-14  (b) The unlawful act of using, possessing, selling or distributing a

11-15  controlled substance; or

11-16  (c) The unlawful act of purchasing, consuming or possessing an

11-17  alcoholic beverage in violation of NRS 202.020,

11-18  the judge, or his authorized representative, shall require the child to

11-19  undergo an evaluation to determine if the child is an abuser of alcohol or

11-20  other drugs.

11-21  2.  The evaluation of a child pursuant to this section:

11-22  (a) Must be conducted by:

11-23     (1) An alcohol and drug abuse counselor who is licensed or certified

11-24  or an alcohol and drug abuse counselor intern who is certified pursuant to

11-25  chapter 641C of NRS to make that classification; or

11-26     (2) A physician who is certified to make that classification by the

11-27  board of medical examiners,

11-28  who shall report to the judge the results of the evaluation and make a

11-29  recommendation to the judge concerning the length and type of treatment

11-30  required by the child.

11-31  (b) May be conducted at an evaluation center.

11-32  3.  The judge shall:

11-33  (a) Order the child to undergo a program of treatment as recommended

11-34  by the person who conducted the evaluation pursuant to subsection 2.

11-35  (b) Require the treatment facility to submit monthly reports on the

11-36  treatment of the child pursuant to this section.

11-37  (c) Order the child, if he is at least 18 years of age or an emancipated

11-38  minor, or the parent or legal guardian of the child, to the extent of the

11-39  financial resources of the child or his parent or legal guardian, to pay any

11-40  charges relating to the evaluation and treatment of the child pursuant to this

11-41  section. If the child, or his parent or legal guardian, does not have the

11-42  financial resources to pay all those charges:

11-43     (1) The judge shall, to the extent possible, arrange for the child to

11-44  receive treatment from a treatment facility which receives a sufficient

11-45  amount of federal or state money to offset the remainder of the costs; and

11-46     (2) The judge may order the child to perform supervised [work for

11-47  the benefit of the] community service in lieu of paying the charges relating

11-48  to his evaluation and treatment. The [work] community service must be

11-49  performed for and under the supervising authority of a county, city, town

12-1  or other political subdivision or agency of the State of Nevada or a

12-2  charitable organization that renders service to the community or its

12-3  residents. The court may require the child or his parent or legal guardian to

12-4  deposit with the court a reasonable sum of money to pay for the cost of

12-5  policies of insurance against liability for personal injury and damage to

12-6  property or for industrial insurance, or both, during those periods in which

12-7  the child performs the [work,] community service, unless, in the case of

12-8  industrial insurance, it is provided by the authority for which he performs

12-9  the [work.] community service.

12-10  4.  A treatment facility is not liable for any damages to person or

12-11  property caused by a child who:

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

12-13  vessel under power or sail while under the influence of intoxicating liquor

12-14  or a controlled substance; or

12-15  (b) Engages in any other conduct prohibited by NRS 484.379,

12-16  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or

12-17  a law of any other jurisdiction that prohibits the same or similar

12-18  conduct,

12-19  after the treatment facility has certified to his successful completion of a

12-20  program of treatment ordered pursuant to this section.

12-21  5.  The provisions of this section do not prohibit a judge from:

12-22  (a) Requiring an evaluation to be conducted by a person who is

12-23  employed by a private company if the company meets the standards of the

12-24  health division of the department of human resources. The evaluation may

12-25  be conducted at an evaluation center pursuant to paragraph (b) of

12-26  subsection 2.

12-27  (b) Ordering the child to attend a program of treatment which is

12-28  administered by a private company.

12-29  6.  All information relating to the evaluation or treatment of a child

12-30  pursuant to this section is confidential and, except as otherwise authorized

12-31  by the provisions of this chapter or the juvenile court, must not be

12-32  disclosed to any person other than the juvenile court, the child and his

12-33  attorney, if any, his parents or guardian, the prosecuting attorney and any

12-34  other person for whom the communication of that information is necessary

12-35  to effectuate the evaluation or treatment of the child. A record of any

12-36  finding that a child has violated the provisions of NRS 484.379 or

12-37  484.3795 must be included in the driver’s record of that child for 7 years

12-38  after the date of the offense.

12-39  7.  As used in this section:

12-40  (a) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

12-41  (b) “Treatment facility” has the meaning ascribed to it in NRS

12-42  484.3793.

12-43  Sec. 11.  NRS 62.228 is hereby amended to read as follows:

12-44  62.228  1.  In addition to the options set forth in NRS 62.211 and

12-45  62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of

12-46  subsection 1 of NRS 62.040 because he handled or possessed a firearm or

12-47  had a firearm under his control in violation of NRS 202.300, the court

12-48  shall:

12-49  (a) For the first offense:

13-1      (1) Require him to perform 200 hours of [public] community service

13-2  in the manner provided in paragraph (i) of subsection 1 of NRS 62.211;

13-3  and

13-4      (2) Suspend his driver’s license for not more than 1 year or, if he

13-5  does not possess a driver’s license, prohibit the child from receiving a

13-6  driver’s license for not more than 1 year:

13-7         (I) Immediately following the date of the order, if the child is

13-8  eligible to receive a driver’s license.

13-9         (II) After the date he becomes eligible to receive a driver’s license,

13-10  if the child is not eligible to receive a license on the date of the order.

13-11  (b) For the second offense:

13-12     (1) Require him to perform at least 200 hours, but not more than 600

13-13  hours, of [public] community service in the manner provided in paragraph

13-14  (i) of subsection 1 of NRS 62.211; and

13-15     (2) Suspend his driver’s license for at least 90 days but not more than

13-16  2 years or, if he does not possess a driver’s license, prohibit the child from

13-17  receiving a driver’s license for at least 90 days but not more than 2 years:

13-18        (I) Immediately following the date of the order, if the child is

13-19  eligible to receive a driver’s license.

13-20        (II) After the date he becomes eligible to receive a driver’s license,

13-21  if the child is not eligible to receive a license on the date of the order.

13-22  2.  If the court issues an order suspending the driver’s license of a child

13-23  pursuant to this section, the judge shall require the child to surrender his

13-24  driver’s license to the court.

13-25  3.  If a child is already the subject of a court order suspending or

13-26  delaying the issuance of his driver’s license, the court shall order an

13-27  additional suspension or delay, as appropriate, to apply consecutively with

13-28  the previous order.

13-29  Sec. 12.  NRS 125.560 is hereby amended to read as follows:

13-30  125.560  1.  A person who violates a restraining order or injunction:

13-31  (a) That is in the nature of a temporary or extended order for protection

13-32  against domestic violence; and

13-33  (b) That is issued in an action or proceeding brought pursuant to this

13-34  Title,

13-35  is guilty of a misdemeanor, unless a more severe penalty is prescribed by

13-36  law for the act that constitutes the violation of the order or injunction. For

13-37  the purposes of this subsection, an order or injunction is in the nature of a

13-38  temporary or extended order for protection against domestic violence if it

13-39  grants relief that might be given in a temporary or extended order issued

13-40  pursuant to NRS 33.017 to 33.100, inclusive.

13-41  2.  If the violation is accompanied by a violent physical act against a

13-42  person protected by the order or injunction, the court shall:

13-43  (a) Impose upon the person committing the act a fine of $1,000 or

13-44  require him to perform a minimum of 200 hours of [work for the

13-45  community;] community service;

13-46  (b) Sentence him to imprisonment for not fewer than 5 days nor more

13-47  than 6 months;

13-48  (c) Order him to reimburse the person obtaining the order or injunction,

13-49  in an amount determined by the court, for all costs and attorney’s fees

14-1  incurred by that person in seeking to enforce the order or injunction, and

14-2  for all medical expenses of the person and any minor child incurred as a

14-3  result of the violent physical act; and

14-4    (d) Order him to participate in and complete a program of professional

14-5  counseling, at his own expense, if such counseling is available.

14-6    3.  The person committing the violation shall comply with the order for

14-7  reimbursement of the person obtaining the order or injunction before

14-8  paying any fine imposed pursuant to this section.

14-9    Sec. 13.  NRS 176.087 is hereby amended to read as follows:

14-10  176.087  1.  Except where the imposition of a specific criminal

14-11  penalty is mandatory, a court may order a convicted person to perform

14-12  supervised [work for the benefit of the community:] community service:

14-13  (a) In lieu of all or a part of any fine or imprisonment that may be

14-14  imposed for the commission of a misdemeanor; or

14-15  (b) As a condition of probation granted for another offense.

14-16  2.  The [work] community service must be performed for and under the

14-17  supervising authority of a county, city, town or other political subdivision

14-18  or agency of the State of Nevada or a charitable organization that renders

14-19  service to the community or its residents.

14-20  3.  The court may require the convicted person to deposit with the court

14-21  a reasonable sum of money to pay for the cost of policies of insurance

14-22  against liability for personal injury and damage to property or for industrial

14-23  insurance, or both, during those periods in which he performs the [work,]

14-24  community service, unless, in the case of industrial insurance, it is

14-25  provided by the authority for which he performs the [work.] community

14-26  service.

14-27  4.  The following conditions apply to any such [work] community

14-28  service imposed by the court:

14-29  (a) The court must fix the period of [work] community service that is

14-30  imposed as punishment or a condition of probation and distribute the

14-31  period over weekends or over other appropriate times that will allow the

14-32  convicted person to continue at his employment and to care for his family.

14-33  The period of [work] community service fixed by the court must not

14-34  exceed, for a:

14-35     (1) Misdemeanor, 200 hours;

14-36     (2) Gross misdemeanor, 600 hours; or

14-37     (3) Felony, 1,000 hours.

14-38  (b) A supervising authority listed in subsection 2 must agree to accept

14-39  the convicted person for [work] community service before the court may

14-40  require him to perform [work] community service for that supervising

14-41  authority. The supervising authority must be located in or be the town or

14-42  city of the convicted person’s residence or, if that placement is not

14-43  possible, one located within the jurisdiction of the court or, if that

14-44  placement is not possible, the authority may be located outside the

14-45  jurisdiction of the court.

14-46  (c) [Work] Community service that a court requires pursuant to this

14-47  section must be supervised by an official of the supervising authority or by

14-48  a person designated by the authority.

15-1    (d) The court may require the supervising authority to report

15-2  periodically to the court or to a probation officer the convicted person’s

15-3  performance in carrying out the punishment or condition of probation.

15-4    Sec. 14.  NRS 176A.310 is hereby amended to read as follows:

15-5    176A.310  1.  The court shall set the conditions of a program of

15-6  probation secured by a surety bond. The conditions must be appended to

15-7  and made part of the bond. The conditions may include, but are not limited

15-8  to, any one or more of the following:

15-9    (a) Submission to periodic tests to determine whether the probationer is

15-10  using any controlled substance or alcohol.

15-11  (b) Participation in a program for the treatment of the abuse of a

15-12  controlled substance or alcohol or a program for the treatment of any other

15-13  impairment.

15-14  (c) Participation in a program of professional counseling, including, but

15-15  not limited to, counseling for the family of the probationer.

15-16  (d) Restrictions or a prohibition on contact or communication with

15-17  witnesses or victims of the crime committed by the probationer.

15-18  (e) A requirement to obtain and keep employment.

15-19  (f) Submission to a program of intensive supervision.

15-20  (g) Restrictions on travel by the probationer outside the jurisdiction of

15-21  the court.

15-22  (h) Payment of restitution.

15-23  (i) Payment of fines and court costs.

15-24  (j) Supervised [work for the benefit of the community.] community

15-25  service.

15-26  (k) Participation in educational courses.

15-27  2.  A surety shall:

15-28  (a) Provide the facilities or equipment necessary to:

15-29     (1) Perform tests to determine whether the probationer is using any

15-30  controlled substance or alcohol, if the court requires such tests as a

15-31  condition of probation;

15-32     (2) Carry out a program of intensive supervision, if the court requires

15-33  such a program as a condition of probation; and

15-34     (3) Enable the probationer to report regularly to the surety.

15-35  (b) Notify the court within 24 hours after the surety has knowledge of a

15-36  violation of or a failure to fulfill a condition of the program of probation.

15-37  3.  A probationer participating in a program of probation secured by a

15-38  surety bond shall:

15-39  (a) Report regularly to the surety; and

15-40  (b) Pay the fee charged by the surety for the execution of the bond.

15-41  Sec. 15.  NRS 176A.540 is hereby amended to read as follows:

15-42  176A.540  1.  The chief parole and probation officer may order the

15-43  residential confinement of a probationer if he believes that the probationer

15-44  poses no danger to the community and will appear at a scheduled inquiry

15-45  or court hearing.

15-46  2.  In ordering the residential confinement of a probationer, the chief

15-47  parole and probation officer shall:

16-1    (a) Require the probationer to be confined to his residence during the

16-2  time he is away from his employment, [public] community service or other

16-3  activity authorized by the division; and

16-4    (b) Require intensive supervision of the probationer, including, without

16-5  limitation, unannounced visits to his residence or other locations where he

16-6  is expected to be to determine whether he is complying with the terms of

16-7  his confinement.

16-8    3.  An electronic device approved by the division may be used to

16-9  supervise a probationer who is ordered to be placed in residential

16-10  confinement. The device must be minimally intrusive and limited in

16-11  capability to recording or transmitting information concerning the

16-12  probationer’s presence at his residence, including the transmission of still

16-13  visual images which do not concern the probationer’s activities while

16-14  inside his residence. A device which is capable of recording or

16-15  transmitting:

16-16  (a) Oral or wire communications or any auditory sound; or

16-17  (b) Information concerning the probationer’s activities while inside his

16-18  residence,

16-19  must not be used.

16-20  4.  The chief parole and probation officer shall not order a probationer

16-21  to be placed in residential confinement unless the probationer agrees to the

16-22  order.

16-23  5.  Any residential confinement must not extend beyond the unexpired

16-24  maximum term of the original sentence.

16-25  Sec. 16.  NRS 176A.660 is hereby amended to read as follows:

16-26  176A.660  1.  If a person who has been placed on probation violates a

16-27  condition of his probation, the court may order him to a term of residential

16-28  confinement in lieu of causing the sentence imposed to be executed. In

16-29  making this determination, the court shall consider the criminal record of

16-30  the person and the seriousness of the crime committed.

16-31  2.  In ordering the person to a term of residential confinement, the court

16-32  shall:

16-33  (a) Direct that he be placed under the supervision of the division;

16-34  (b) Require the person to be confined to his residence during the time he

16-35  is away from his employment, [public] community service or other activity

16-36  authorized by the division; and

16-37  (c) Require intensive supervision of the person, including, without

16-38  limitation, unannounced visits to his residence or other locations where he

16-39  is expected to be in order to determine whether he is complying with the

16-40  terms of his confinement.

16-41  3.  An electronic device approved by the division may be used to

16-42  supervise a person ordered to a term of residential confinement. The device

16-43  must be minimally intrusive and limited in capability to recording or

16-44  transmitting information concerning the person’s presence at his residence,

16-45  including, but not limited to, the transmission of still visual images which

16-46  do not concern the person’s activities while inside his residence. A device

16-47  which is capable of recording or transmitting:

16-48  (a) Oral or wire communications or any auditory sound; or

17-1    (b) Information concerning the person’s activities while inside his

17-2  residence,

17-3  must not be used.

17-4    4.  The court shall not order a person to a term of residential

17-5  confinement unless he agrees to the order.

17-6    5.  A term of residential confinement may not be longer than the

17-7  maximum term of a sentence imposed by the court.

17-8    Sec. 17.  NRS 178.3975 is hereby amended to read as follows:

17-9    178.3975  1.  The court may order a defendant to pay all or any part of

17-10  the expenses incurred by the county, city or state in providing the

17-11  defendant with an attorney which are not recovered pursuant to NRS

17-12  178.398. The order may be made at the time of or after the appointment of

17-13  an attorney and may direct the defendant to pay the expenses in

17-14  installments.

17-15  2.  The court shall not order a defendant to make such a payment unless

17-16  the defendant is or will be able to do so. In determining the amount and

17-17  method of payment, the court shall take account of the financial resources

17-18  of the defendant and the nature of the burden that payment will impose.

17-19  3.  A defendant who has been ordered to pay expenses of his defense

17-20  and who is not willfully or without good cause in default in the payment

17-21  thereof may at any time petition the court which ordered the payment for

17-22  remission of the payment or of any unpaid portion thereof. If it appears to

17-23  the satisfaction of the court that payment of the amount due will impose

17-24  manifest hardship on the defendant or his immediate family, the court may

17-25  remit all or part of the amount due or modify the method of payment.

17-26  4.  The money recovered must in each case be paid over to the city,

17-27  county or public defender’s office which bore the expense and was not

17-28  reimbursed by another governmental agency.

17-29  5.  Upon the request of a defendant, if the court finds that the defendant

17-30  is suitable to perform supervised [work for the benefit of the community,]

17-31  community service, the court may allow the defendant to pay all or part of

17-32  any expenses incurred by the county, city or state in providing him with an

17-33  attorney by performing supervised [work for the benefit of the] community

17-34  service for a reasonable number of hours, the value of which would be

17-35  commensurate with such expenses incurred. The [work] community

17-36  service must be performed for and under the supervising authority of a

17-37  county, city, town or other political subdivision or agency of the State of

17-38  Nevada or a charitable organization that renders service to the community

17-39  or its residents. The court may require a defendant who requests to perform

17-40  community service to deposit with the court a reasonable sum of money to

17-41  pay for the cost of policies of insurance against liability for personal injury

17-42  and damage to property or for industrial insurance, or both, during those

17-43  periods in which he performs the [work,] community service, unless, in the

17-44  case of industrial insurance, it is provided by the authority for which he

17-45  performs the [work.] community service.

17-46  Sec. 18.  NRS 193.150 is hereby amended to read as follows:

17-47  193.150  1.  Every person convicted of a misdemeanor shall be

17-48  punished by imprisonment in the county jail for not more than 6 months, or

17-49  by a fine of not more than $1,000, or by both fine and imprisonment,

18-1  unless the statute in force at the time of commission of such misdemeanor

18-2  prescribed a different penalty.

18-3    2.  In lieu of all or a part of the punishment which may be imposed

18-4  pursuant to subsection 1, the convicted person may be sentenced to

18-5  perform a fixed period of [work for the benefit of the] community service

18-6  pursuant to the conditions prescribed in NRS 176.087.

18-7    Sec. 19.  NRS 193.210 is hereby amended to read as follows:

18-8    193.210  A person is of sound mind [who is not an idiot and] who has

18-9  arrived at the age of 14 years, or before that age if he knew the distinction

18-10  between good and evil.

18-11  Sec. 20.  NRS 194.010 is hereby amended to read as follows:

18-12  194.010  All persons are liable to punishment except those belonging to

18-13  the following classes:

18-14  1.  Children under the age of 8 years.

18-15  2.  Children between the ages of 8 years and 14 years, in the absence of

18-16  clear proof that at the time of committing the act charged against them they

18-17  knew its wrongfulness.

18-18  3.  [Idiots.

18-19  4.] Persons who committed the act or made the omission charged

18-20  under an ignorance or mistake of fact, which disproves any criminal intent,

18-21  where a specific intent is required to constitute the offense.

18-22  [5.] 4.  Persons who committed the act charged without being

18-23  conscious thereof.

18-24  [6.] 5.  Persons who committed the act or made the omission charged,

18-25  through misfortune or by accident, when it appears that there was no evil

18-26  design, intention or culpable negligence.

18-27  [7.] 6.  Persons, unless the crime is punishable with death, who

18-28  committed the act or made the omission charged under threats or menaces

18-29  sufficient to show that they had reasonable cause to believe, and did

18-30  believe, their lives would be endangered if they refused, or that they would

18-31  suffer great bodily harm.

18-32  Sec. 21.  NRS 209.392 is hereby amended to read as follows:

18-33  209.392  1.  Except as otherwise provided in NRS 209.3925 and

18-34  209.429, the director may, at the request of an offender who is eligible for

18-35  residential confinement pursuant to the standards adopted by the director

18-36  pursuant to subsection 3 and who has:

18-37  (a) Established a position of employment in the community;

18-38  (b) Enrolled in a program for education or rehabilitation; or

18-39  (c) Demonstrated an ability to pay for all or part of the costs of his

18-40  confinement and to meet any existing obligation for restitution to any

18-41  victim of his crime,

18-42  assign the offender to the custody of the division of parole and probation of

18-43  the department of motor vehicles and public safety to serve a term of

18-44  residential confinement, pursuant to NRS 213.380, for not longer than the

18-45  remainder of his sentence.

18-46  2.  Upon receiving a request to serve a term of residential confinement

18-47  from an eligible offender, the director shall notify the division of parole

18-48  and probation. If any victim of a crime committed by the offender has,

18-49  pursuant to subsection 4 of NRS 213.130, requested to be notified of the

19-1  consideration of a prisoner for parole and has provided a current address,

19-2  the division of parole and probation shall notify the victim of the offender’s

19-3  request and advise the victim that he may submit documents regarding the

19-4  request to the division of parole and probation. If a current address has not

19-5  been provided as required by subsection 4 of NRS 213.130, the division of

19-6  parole and probation must not be held responsible if such notification is not

19-7  received by the victim. All personal information, including, but not limited

19-8  to, a current or former address, which pertains to a victim and which is

19-9  received by the division of parole and probation pursuant to this subsection

19-10  is confidential.

19-11  3.  The director, after consulting with the division of parole and

19-12  probation, shall adopt, by regulation, standards providing which offenders

19-13  are eligible for residential confinement. The standards adopted by the

19-14  director must provide that an offender who:

19-15  (a) Is not eligible for parole or release from prison within a reasonable

19-16  period;

19-17  (b) Has recently committed a serious infraction of the rules of an

19-18  institution or facility of the department;

19-19  (c) Has not performed the duties assigned to him in a faithful and

19-20  orderly manner;

19-21  (d) Has ever been convicted of:

19-22     (1) Any crime involving the use or threatened use of force or violence

19-23  against the victim; or

19-24     (2) A sexual offense;

19-25  (e) Has more than one prior conviction for any felony in this state or

19-26  any offense in another state that would be a felony if committed in this

19-27  state, not including a violation of NRS [484.3792] 484.379 or 484.3795;

19-28  (f) Has escaped or attempted to escape from any jail or correctional

19-29  institution for adults; or

19-30  (g) Has not made an effort in good faith to participate in or to complete

19-31  any educational or vocational program or any program of treatment, as

19-32  ordered by the director,

19-33  is not eligible for assignment to the custody of the division of parole and

19-34  probation to serve a term of residential confinement pursuant to this

19-35  section.

19-36  4.  If an offender assigned to the custody of the division of parole and

19-37  probation pursuant to this section escapes or violates any of the terms or

19-38  conditions of his residential confinement:

19-39  (a) The division of parole and probation may, pursuant to the procedure

19-40  set forth in NRS 213.410, return the offender to the custody of the

19-41  department.

19-42  (b) The offender forfeits all or part of the credits for good behavior

19-43  earned by him before the escape or violation, as determined by the director.

19-44  The director may provide for a forfeiture of credits pursuant to this

19-45  paragraph only after proof of the offense and notice to the offender, and

19-46  may restore credits forfeited for such reasons as he considers proper. The

19-47  decision of the director regarding such a forfeiture is final.

19-48  5.  The assignment of an offender to the custody of the division of

19-49  parole and probation pursuant to this section shall be deemed:

20-1    (a) A continuation of his imprisonment and not a release on parole; and

20-2    (b) For the purposes of NRS 209.341, an assignment to a facility of the

20-3  department,

20-4  except that the offender is not entitled to obtain any benefits or to

20-5  participate in any programs provided to offenders in the custody of the

20-6  department.

20-7    6.  An offender does not have a right to be assigned to the custody of

20-8  the division of parole and probation pursuant to this section, or to remain in

20-9  that custody after such an assignment, and it is not intended that the

20-10  provisions of this section or of NRS 213.371 to 213.410, inclusive, create

20-11  any right or interest in liberty or property or establish a basis for any cause

20-12  of action against the state, its political subdivisions, agencies, boards,

20-13  commissions, departments, officers or employees.

20-14  Sec. 22.  NRS 211.244 is hereby amended to read as follows:

20-15  211.244  1.  At any time after the conviction of a prisoner, and after

20-16  the financial status of the prisoner has been determined or the prisoner has

20-17  refused or failed to complete and sign the form required by NRS 211.242,

20-18  the sheriff of the county, the administrator of the department of detention

20-19  of an incorporated city, the person appointed to administer a city jail or the

20-20  administrator of an alternative program may issue a written demand to the

20-21  prisoner for reimbursement, pursuant to NRS 211.2415, of the expenses

20-22  incurred by the county or city for the prisoner’s maintenance and support

20-23  during his period of imprisonment or assignment to an alternative program.

20-24  2.  Except as otherwise provided in subsection 3, the prisoner shall pay

20-25  the total amount due when the written demand is issued. The prisoner may

20-26  arrange to make payments on a monthly basis. If such arrangements are

20-27  made, the prisoner must be provided with a monthly billing statement

20-28  which specifies the date on which his next payment is due.

20-29  3.  A court may order a prisoner to perform supervised [work for the

20-30  benefit of the] community service to satisfy the written demand for

20-31  reimbursement. Each hour of [work] community service performed by the

20-32  prisoner reduces the amount he owes by $8. If the prisoner does not satisfy

20-33  the written demand for reimbursement within the time set by the court, the

20-34  district attorney for a county or the city attorney for an incorporated city

20-35  may file a civil action pursuant to NRS 211.245.

20-36  Sec. 23.  NRS 213.15193 is hereby amended to read as follows:

20-37  213.15193  1.  Except as otherwise provided in subsection 6, the chief

20-38  may order the residential confinement of a parolee if he believes that the

20-39  parolee does not pose a danger to the community and will appear at a

20-40  scheduled inquiry or hearing.

20-41  2.  In ordering the residential confinement of a parolee, the chief shall:

20-42  (a) Require the parolee to be confined to his residence during the time

20-43  he is away from his employment, [public] community service or other

20-44  activity authorized by the division; and

20-45  (b) Require intensive supervision of the parolee, including, without

20-46  limitation, unannounced visits to his residence or other locations where he

20-47  is expected to be to determine whether he is complying with the terms of

20-48  his confinement.

21-1    3.  An electronic device approved by the division may be used to

21-2  supervise a parolee who is ordered to be placed in residential confinement.

21-3  The device must be minimally intrusive and limited in capability to

21-4  recording or transmitting information concerning the presence of the

21-5  parolee at his residence, including, without limitation, the transmission of

21-6  still visual images which do not concern the activities of the parolee while

21-7  inside his residence. A device which is capable of recording or

21-8  transmitting:

21-9    (a) Oral or wire communications or any auditory sound; or

21-10  (b) Information concerning the activities of the parolee while inside his

21-11  residence,

21-12  must not be used.

21-13  4.  The chief shall not order a parolee to be placed in residential

21-14  confinement unless the parolee agrees to the order.

21-15  5.  Any residential confinement must not extend beyond the unexpired

21-16  maximum term of the original sentence of the parolee.

21-17  6.  The chief shall not order a parolee who is serving a sentence for

21-18  committing a battery which constitutes domestic violence pursuant to NRS

21-19  33.018 to be placed in residential confinement unless the chief makes a

21-20  finding that the parolee is not likely to pose a threat to the victim of the

21-21  battery.

21-22  Sec. 24.  NRS 213.152 is hereby amended to read as follows:

21-23  213.152  1.  Except as otherwise provided in subsection 6, if a parolee

21-24  violates a condition of his parole, the board may order him to a term of

21-25  residential confinement in lieu of suspending his parole and returning him

21-26  to confinement. In making this determination, the board shall consider the

21-27  criminal record of the parolee and the seriousness of the crime committed.

21-28  2.  In ordering the parolee to a term of residential confinement, the

21-29  board shall:

21-30  (a) Require the parolee to be confined to his residence during the time

21-31  he is away from his employment, [public] community service or other

21-32  activity authorized by the division; and

21-33  (b) Require intensive supervision of the parolee, including, without

21-34  limitation, unannounced visits to his residence or other locations where he

21-35  is expected to be in order to determine whether he is complying with the

21-36  terms of his confinement.

21-37  3.  An electronic device approved by the division may be used to

21-38  supervise a parolee ordered to a term of residential confinement. The

21-39  device must be minimally intrusive and limited in capability to recording

21-40  or transmitting information concerning the presence of the parolee at his

21-41  residence, including, but not limited to, the transmission of still visual

21-42  images which do not concern the activities of the person while inside his

21-43  residence. A device which is capable of recording or transmitting:

21-44  (a) Oral or wire communications or any auditory sound; or

21-45  (b) Information concerning the activities of the parolee while inside his

21-46  residence,

21-47  must not be used.

21-48  4.  The board shall not order a parolee to a term of residential

21-49  confinement unless he agrees to the order.

22-1    5.  A term of residential confinement may not be longer than the

22-2  unexpired maximum term of the original sentence of the parolee.

22-3    6.  The board shall not order a parolee who is serving a sentence for

22-4  committing a battery which constitutes domestic violence pursuant to NRS

22-5  33.018 to a term of residential confinement unless the board makes a

22-6  finding that the parolee is not likely to pose a threat to the victim of the

22-7  battery.

22-8    Sec. 25.  NRS 371.230 is hereby amended to read as follows:

22-9    371.230  Except as otherwise provided in NRS 371.1035

22-10  [or 482.180,] , 482.180 or 482.181, money collected by the department for

22-11  privilege taxes and penalties pursuant to the provisions of this chapter must

22-12  be deposited with the state treasurer to the credit of the motor vehicle fund.

22-13  Sec. 26.  NRS 387.328 is hereby amended to read as follows:

22-14  387.328  1.  The board of trustees of each school district shall

22-15  establish a fund for capital projects for the purposes set forth in

22-16  subsection 1 of NRS 387.335. The money in the fund for capital projects

22-17  may be transferred to the debt service fund to pay the cost of the school

22-18  district’s debt service.

22-19  2.  The board of trustees may accumulate money in the fund for capital

22-20  projects for a period not to exceed 20 years.

22-21  3.  That portion of the vehicle privilege tax whose allocation to the

22-22  school district pursuant to NRS [482.180] 482.181 is based on the amount

22-23  of the property tax levy attributable to its debt service must be deposited in

22-24  the county treasury to the credit of the fund established under subsection 1

22-25  or the school district’s debt service fund.

22-26  4.  No money in the fund for capital projects at the end of the fiscal

22-27  year may revert to the county school district fund, nor may the money be a

22-28  surplus for any other purpose than those specified in subsection 1.

22-29  5.  The proceeds of the taxes deposited in the fund for capital projects

22-30  pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the

22-31  payment of the principal and interest on bonds or other obligations issued

22-32  for one or more of the purposes set forth in NRS 387.335. The proceeds of

22-33  such taxes so pledged may be treated as pledged revenues for the purposes

22-34  of subsection 3 of NRS 350.020, and the board of trustees of a school

22-35  district may issue bonds for those purposes in accordance with the

22-36  provisions of chapter 350 of NRS.

22-37  Sec. 27.  NRS 408.235 is hereby amended to read as follows:

22-38  408.235  1.  There is hereby created the state highway fund.

22-39  2.  Except as otherwise provided in subsection [7] 6 of NRS 482.180

22-40  and NRS 482.1805, the proceeds from the imposition of any:

22-41  (a) License or registration fee and other charges with respect to the

22-42  operation of any motor vehicle upon any public highway, city, town or

22-43  county road, street, alley or highway in this state; and

22-44  (b) Excise tax on gasoline or other motor vehicle fuel,

22-45  must be deposited in the state highway fund and must, except for costs of

22-46  administering the collection thereof, be used exclusively for administration,

22-47  construction, reconstruction, improvement and maintenance of highways as

22-48  provided for in this chapter.

23-1    3.  The interest and income earned on the money in the state highway

23-2  fund, after deducting any applicable charges, must be credited to the fund.

23-3    4.  Costs of administration for the collection of the proceeds for any

23-4  license or registration fees and other charges with respect to the operation

23-5  of any motor vehicle must be limited to a sum not to exceed 22 percent of

23-6  the total proceeds so collected.

23-7    5.  Costs of administration for the collection of any excise tax on

23-8  gasoline or other motor vehicle fuel must be limited to a sum not to exceed

23-9  1 percent of the total proceeds so collected.

23-10  6.  All bills and charges against the state highway fund for

23-11  administration, construction, reconstruction, improvement and maintenance

23-12  of highways under the provisions of this chapter must be certified by the

23-13  director and must be presented to and examined by the state board of

23-14  examiners. When allowed by the state board of examiners and upon being

23-15  audited by the state controller, the state controller shall draw his warrant

23-16  therefor upon the state treasurer.

23-17  Sec. 28.  NRS 444.630 is hereby amended to read as follows:

23-18  444.630  1.  As used in this section, “garbage” includes swill, refuse,

23-19  cans, bottles, paper, vegetable matter, carcass of any dead animal, offal

23-20  from any slaughter pen or butcher shop, trash or rubbish.

23-21  2.  Every person who willfully places, deposits or dumps, or who

23-22  causes to be placed, deposited or dumped, or who causes or allows to

23-23  overflow, any sewage, sludge, cesspool or septic tank effluent, or

23-24  accumulation of human excreta, or any garbage, in or upon any street,

23-25  alley, public highway or road in common use, or upon any public park or

23-26  other public property other than property designated or set aside for such a

23-27  purpose by the governing body having charge thereof, or upon any private

23-28  property into or upon which the public is admitted by easement, license or

23-29  otherwise, is guilty of a misdemeanor and, if the convicted person agrees,

23-30  he shall be sentenced to perform 10 hours of [work for the benefit of the]

23-31  community service under the conditions prescribed in NRS 176.087.

23-32  3.  Except as otherwise provided in NRS 444.585, ownership of

23-33  garbage does not transfer from the person who originally possessed it until

23-34  it is received for transport by a person authorized to dispose of solid waste

23-35  pursuant to this chapter or until it is disposed of at a municipal disposal

23-36  site. Identification of the owner of any garbage which is disposed of in

23-37  violation of subsection 2 creates a reasonable inference that the owner is

23-38  the person who disposed of the garbage. The fact that the disposal of the

23-39  garbage was not witnessed does not, in and of itself, preclude the

23-40  identification of its owner.

23-41  4.  All:

23-42  (a) Health officers and their deputies;

23-43  (b) Game wardens;

23-44  (c) Police officers of cities and towns;

23-45  (d) Sheriffs and their deputies;

23-46  (e) Other peace officers of the State of Nevada; and

23-47  (f) Other persons who are specifically designated by the local

23-48  government to do so,

24-1  shall, within their respective jurisdictions, enforce the provisions of this

24-2  section.

24-3    5.  A district health officer or his deputy or other person specifically

24-4  designated by the local government to do so may issue a citation for any

24-5  violation of this section which occurs within his jurisdiction.

24-6    6.  To effectuate the purposes of this section, the persons charged with

24-7  enforcing this section may request information from any:

24-8    (a) Agency of the state or its political subdivisions.

24-9    (b) Employer, public or private.

24-10  (c) Employee organization or trust of any kind.

24-11  (d) Financial institution or other entity which is in the business of

24-12  providing credit reports.

24-13  (e) Public utility.

24-14  Each of these persons and entities, their officers and employees, shall

24-15  cooperate by providing any information in their possession which may aid

24-16  in the location and identification of a person believed to be in violation of

24-17  subsection 2. A disclosure made in good faith pursuant to this subsection

24-18  does not give rise to any action for damages for the disclosure.

24-19  Sec. 29.  NRS 458.320 is hereby amended to read as follows:

24-20  458.320  1.  If the court, after a hearing, determines that a person is

24-21  entitled to accept the treatment offered pursuant to NRS 458.310, the court

24-22  shall order an approved facility for the treatment of abuse of alcohol or

24-23  drugs to conduct an examination of the person to determine whether he is

24-24  an alcoholic or drug addict and is likely to be rehabilitated through

24-25  treatment. The facility shall report to the court the results of the

24-26  examination and recommend whether the person should be placed under

24-27  supervision for treatment.

24-28  2.  If the court, acting on the report or other relevant information,

24-29  determines that the person is not an alcoholic or drug addict, is not likely to

24-30  be rehabilitated through treatment or is otherwise not a good candidate for

24-31  treatment, he may be sentenced and the sentence executed.

24-32  3.  If the court determines that the person is an alcoholic or drug addict,

24-33  is likely to be rehabilitated through treatment and is a good candidate for

24-34  treatment, the court may:

24-35  (a) Impose any conditions to the election of treatment that could be

24-36  imposed as conditions of probation;

24-37  (b) Defer sentencing until such time, if any, as sentencing is authorized

24-38  pursuant to NRS 458.330; and

24-39  (c) Place the person under the supervision of an approved facility for

24-40  treatment for not less than 1 year nor more than 3 years.

24-41  The court may require such progress reports on the treatment of the person

24-42  as it deems necessary.

24-43  4.  A person who is placed under the supervision of an approved

24-44  facility for treatment shall pay the cost of the program of treatment to

24-45  which he is assigned and the cost of any additional supervision that may be

24-46  required, to the extent of his financial resources. The court may issue a

24-47  judgment in favor of the court or facility for treatment for the costs of the

24-48  treatment and supervision which remain unpaid at the conclusion of the

24-49  treatment. Such a judgment constitutes a lien in like manner as a judgment

25-1  for money rendered in a civil action, but in no event may the amount of the

25-2  judgment include any amount of the debt which was extinguished by the

25-3  successful completion of community service pursuant to subsection 5.

25-4    5.  If the person who is placed under the supervision of an approved

25-5  facility for treatment does not have the financial resources to pay all of the

25-6  related costs:

25-7    (a) The court shall, to the extent practicable, arrange for the person to be

25-8  assigned to a program at a facility that receives a sufficient amount of

25-9  federal or state funding to offset the remainder of the costs; and

25-10  (b) The court may order the person to perform supervised [work for the

25-11  benefit of the] community service in lieu of paying the remainder of the

25-12  costs relating to his treatment and supervision. The [work] community

25-13  service must be performed for and under the supervising authority of a

25-14  county, city, town or other political subdivision or agency of the State of

25-15  Nevada or a charitable organization that renders service to the community

25-16  or its residents. The court may require the person to deposit with the court

25-17  a reasonable sum of money to pay for the cost of policies of insurance

25-18  against liability for personal injury and damage to property or for industrial

25-19  insurance, or both, during those periods in which the person performs the

25-20  [work,] community service, unless, in the case of industrial insurance, it is

25-21  provided by the authority for which he performs the [work.] community

25-22  service.

25-23  6.  No person may be placed under the supervision of a facility under

25-24  this section unless the facility accepts him for treatment.

25-25  Sec. 30.  NRS 459.735 is hereby amended to read as follows:

25-26  459.735  1.  The contingency account for hazardous materials is

25-27  hereby created in the state general fund.

25-28  2.  The commission shall administer the contingency account for

25-29  hazardous materials, and the money in the account may be expended only

25-30  for:

25-31  (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

25-32  (b) Carrying out the provisions of [Public Law 99-499 and Title I of

25-33  Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et

25-34  seq.;

25-35  (c) Maintaining and supporting the operations of the commission and

25-36  local emergency planning committees;

25-37  (d) Training and equipping state and local personnel to respond to

25-38  accidents and incidents involving hazardous materials; and

25-39  (e) The operation of training programs and a training center for

25-40  handling emergencies relating to hazardous materials and related fires

25-41  pursuant to NRS 477.045.

25-42  3.  All money received by this state [as a result of Public Law 99-499

25-43  or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or

25-44  49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the

25-45  credit of the contingency account for hazardous materials. In addition, all

25-46  money received by the commission from any source must be deposited

25-47  with the state treasurer to the credit of the contingency account for

25-48  hazardous materials. The state controller shall transfer from the

25-49  contingency account to the operating account of the state fire marshal such

26-1  money collected pursuant to chapter 477 of NRS as is authorized for

26-2  expenditure in the budget of the state fire marshal for use pursuant to

26-3  paragraph (e) of subsection 2.

26-4    4.  Upon the presentation of budgets in the manner required by law,

26-5  money to support the operation of the commission pursuant to this chapter,

26-6  other than its provision of grants, must be provided by direct legislative

26-7  appropriation from the state highway fund or other legislative

26-8  authorization to the contingency account for hazardous materials.

26-9    5.  The interest and income earned on the money in the contingency

26-10  account for hazardous materials, after deducting any applicable charges,

26-11  must be credited to the account.

26-12  6.  All claims against the contingency account for hazardous materials

26-13  must be paid as other claims against the state are paid.

26-14  Sec. 31.  NRS 481.083 is hereby amended to read as follows:

26-15  481.083  1.  Except for the operation of the investigation division, the

26-16  division of emergency management, the state fire marshal division, the

26-17  division of parole and probation, and the capitol police division of the

26-18  department, money for the administration of the provisions of this chapter

26-19  must be provided by direct legislative appropriation from the state highway

26-20  fund or other legislative authorization upon the presentation of budgets in

26-21  the manner required by law.

26-22  2.  All money provided for the support of the department and its

26-23  various divisions must be paid out on claims approved by the director in

26-24  the same manner as other claims against the state are paid.

26-25  Sec. 32.  NRS 482.180 is hereby amended to read as follows:

26-26  482.180  1.  The motor vehicle fund is hereby created as an agency

26-27  fund. Except as otherwise provided in subsection 4 or by a specific statute,

26-28  all money received or collected by the department must be deposited in the

26-29  state treasury for credit to the motor vehicle fund.

26-30  2.  The interest and income on the money in the motor vehicle fund,

26-31  after deducting any applicable charges, must be credited to the state

26-32  highway fund.

26-33  3.  Any check accepted by the department in payment of vehicle

26-34  privilege tax or any other fee required to be collected pursuant to this

26-35  chapter must, if it is dishonored upon presentation for payment, be charged

26-36  back against the motor vehicle fund or the county to which the payment

26-37  was credited [,] pursuant to this section or NRS 482.181, in the proper

26-38  proportion.

26-39  4.  [All] Except as otherwise provided in subsection 6, all money

26-40  received or collected by the department for the basic vehicle privilege tax

26-41  must be [deposited in the local government tax distribution account,

26-42  created by NRS 360.660, for credit to the appropriate county pursuant to

26-43  subsection 6.] distributed in the manner set forth in NRS 482.181.

26-44  5.  Money for the administration of the provisions of this chapter must

26-45  be provided by direct legislative appropriation from the state highway fund

26-46  [,] or other legislative authorization, upon the presentation of budgets in

26-47  the manner required by law. Out of the appropriation [,] or authorization,

26-48  the department shall pay every item of expense.

27-1    6.  [The privilege tax collected on vehicles subject to the provisions of

27-2  chapter 706 of NRS and engaged in interstate or intercounty operation

27-3  must be distributed among the counties in the following percentages:

 

27-4  Carson City1.07 percent....................... Lincoln................ 3.12 percent

27-5  Churchill5.21 percent........................... Lyon................ 2.90 percent

27-6  Clark22.54 percent....................... Mineral................ 2.40 percent

27-7  Douglas2.52 percent............................ Nye................ 4.09 percent

27-8  Elko13.31 percent...................... Pershing................ 7.00 percent

27-9  Esmeralda2.52 percent......................... Storey         .19 percent

27-10  Eureka3.10 percent...................... Washoe.............. 12.24 percent

27-11  Humboldt8.25 percentWhite Pine................ 5.66 percent

27-12  Lander. 3.88 percent

 

27-13  The distributions must be allocated among local governments within the

27-14  respective counties pursuant to the provisions of NRS 482.181.

27-15  7.] The department shall withhold 6 percent from the amount of

27-16  privilege tax collected by the department as a commission. From the

27-17  amount of privilege tax collected by a county assessor, the state controller

27-18  shall credit 1 percent to the department as a commission and remit 5

27-19  percent to the county for credit to its general fund as commission for the

27-20  services of the county assessor.

27-21  [8.] All money withheld by or credited to the department pursuant to

27-22  this subsection must be used only for the administration of this chapter

27-23  as authorized by the legislature pursuant to subsection 5.

27-24  7. When the requirements of this section and NRS 482.181 have been

27-25  met, and when directed by the department, the state controller shall transfer

27-26  monthly to the state highway fund any balance in the motor vehicle fund.

27-27  [9.] 8. If a statute requires that any money in the motor vehicle fund

27-28  be transferred to another fund or account, the department shall direct the

27-29  controller to transfer the money in accordance with the statute.

27-30  Sec. 33.  NRS 482.181 is hereby amended to read as follows:

27-31  482.181  1.  Except as otherwise provided in subsection [4,] 5, after

27-32  deducting the amount withheld by the department and the amount

27-33  credited to the department pursuant to subsection 6 of NRS 482.180, the

27-34  department shall certify monthly to the state board of examiners the

27-35  amount of the basic and supplemental privilege taxes collected for each

27-36  county by the department and its agents during the preceding month, and

27-37  that money must be distributed monthly as provided in this section.

27-38  2.  Any supplemental privilege tax collected for a county must be

27-39  distributed only to the county, to be used as provided in NRS 371.045 and

27-40  371.047.

27-41  3.  [The distribution of the basic privilege tax within a county must be

27-42  made to local governments, special districts and enterprise districts

27-43  pursuant to the provisions of NRS 360.680 and 360.690.] The distribution

27-44  of the basic privilege tax received or collected for each county must be

27-45  made to the county school district within [the] each county before [the

27-46  distribution of the basic privilege tax pursuant to the provisions of NRS

28-1  360.680 and 360.690 and in the same ratio as all property taxes were levied

28-2  in the county in the previous fiscal year, but the State of Nevada is not

28-3  entitled to share in that distribution.] any distribution is made to a local

28-4  government, special district or enterprise district. For the purpose of

28-5  calculating the amount of basic privilege tax to be distributed to the county

28-6  school district, the taxes levied by each local government, special district

28-7  and enterprise district are the product of its certified valuation, determined

28-8  pursuant to subsection 2 of NRS 361.405, and its tax rate, established

28-9  pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980,

28-10  except that the tax rate for school districts, including the rate attributable to

28-11  a district’s debt service, is the rate established pursuant to NRS 361.455 for

28-12  the fiscal year beginning on July 1, 1978, but if the rate attributable to a

28-13  district’s debt service in any fiscal year is greater than its rate for the fiscal

28-14  year beginning on July 1, 1978, the higher rate must be used to determine

28-15  the amount attributable to debt service.

28-16  4.  After making the distributions set forth in subsection 3, the

28-17  remaining money received or collected for each county must be deposited

28-18  in the local government tax distribution account created by NRS 360.660

28-19  for distribution to local governments, special districts and enterprise

28-20  districts within each county pursuant to the provisions of NRS 360.680

28-21  and 360.690.

28-22  5.  An amount equal to any basic privilege tax distributed to a

28-23  redevelopment agency in the fiscal year 1987-1988 must continue to be

28-24  distributed to that agency as long as it exists but must not be increased.

28-25  [5.] 6.  The department shall make distributions of basic privilege tax

28-26  directly to county school districts.

28-27  [6.] 7.  As used in this section:

28-28  (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

28-29  (b) “Local government” has the meaning ascribed to it in NRS 360.640.

28-30  (c) “Received or collected for each county” means:

28-31     (1) For the basic privilege tax collected on vehicles subject to the

28-32  provisions of chapter 706 of NRS, the amount determined for each

28-33  county based on the following percentages:

 

28-34  Carson City1.07 percent...................... Lincoln............... 3.12 percent

28-35  Churchill5.21 percent.......................... Lyon............... 2.90 percent

28-36  Clark22.54 percent..................... Mineral............... 2.40 percent

28-37  Douglas2.52 percent............................. Nye............... 4.09 percent

28-38  Elko13.31 percent.................... Pershing............... 7.00 percent

28-39  Esmeralda2.52 percent......................... Storey         .19 percent

28-40  Eureka3.10 percent...................... Washoe............. 12.24 percent

28-41  Humboldt8.25 percentWhite Pine............... 5.66 percent

28-42  Lander3.88 percent

 

28-43     (2) For all other basic and supplemental privilege tax received or

28-44  collected by the department, the amount attributable to each county

28-45  based on the county of registration of the vehicle for which the tax was

28-46  paid.

28-47  (d) “Special district” has the meaning ascribed to it in NRS 360.650.

29-1    Sec. 34.  NRS 484.3667 is hereby amended to read as follows:

29-2    484.3667  1.  Except as otherwise provided in subsection 2, a person

29-3  who is convicted of a violation of a speed limit:

29-4    (a) In an area designated as a temporary traffic control zone in which

29-5  construction, maintenance or repair of a highway is conducted; and

29-6    (b) At a time when the workers who are performing the construction,

29-7  maintenance or repair of the highway are present,

29-8  shall be punished by imprisonment or by a fine, or both, for a term or an

29-9  amount equal to and in addition to the term of imprisonment or amount of

29-10  the fine, or both, that the court imposes for the primary offense. Any term

29-11  of imprisonment imposed pursuant to this subsection runs consecutively

29-12  with the sentence prescribed by the court for the crime. This subsection

29-13  does not create a separate offense, but provides an additional penalty for

29-14  the primary offense, whose imposition is contingent upon the finding of the

29-15  prescribed fact.

29-16  2.  The penalty imposed for the primary offense and the additional

29-17  penalty imposed pursuant to subsection 1 must not exceed a total of

29-18  $1,000, 6 months of imprisonment or 120 hours of [work for the benefit of

29-19  the community.] community service.

29-20  3.  A governmental entity that designates an area as a temporary traffic

29-21  control zone in which construction, maintenance or repair of a highway is

29-22  conducted, or the person with whom the governmental entity contracts to

29-23  provide such service shall cause to be erected:

29-24  (a) A sign located before the beginning of such an area which states that

29-25  a double penalty will be imposed upon a person who is convicted of

29-26  violating the speed limit within the temporary traffic control zone;

29-27  (b) A sign to mark the beginning of the temporary traffic control zone;

29-28  and

29-29  (c) A sign to mark the end of the temporary traffic control zone.

29-30  Sec. 35.  NRS 484.3792 is hereby amended to read as follows:

29-31  484.3792  1.  A person who violates the provisions of NRS 484.379:

29-32  (a) For the first offense within 7 years, is guilty of a misdemeanor.

29-33  Unless he is allowed to undergo treatment as provided in NRS 484.37937,

29-34  the court shall:

29-35     (1) Except as otherwise provided in subsection 6, order him to pay

29-36  tuition for an educational course on the abuse of alcohol and controlled

29-37  substances approved by the department and complete the course within the

29-38  time specified in the order, and the court shall notify the department if he

29-39  fails to complete the course within the specified time;

29-40     (2) Unless the sentence is reduced pursuant to NRS 484.37937,

29-41  sentence him to imprisonment for not less than 2 days nor more than 6

29-42  months in jail, or to perform not less than 48 hours, but not more than 96

29-43  hours, of [work for the] community service while dressed in distinctive

29-44  garb that identifies him as having violated the provisions of NRS 484.379;

29-45  and

29-46     (3) Fine him not less than $400 nor more than $1,000.

29-47  (b) For a second offense within 7 years, is guilty of a misdemeanor.

29-48  Unless the sentence is reduced pursuant to NRS 484.3794, the court:

29-49     (1) Shall sentence him to:

30-1         (I) Imprisonment for not less than 10 days nor more than 6 months

30-2  in jail; or

30-3         (II) Residential confinement for not less than 10 days nor more

30-4  than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive,

30-5  or 5.0755 to 5.078, inclusive;

30-6      (2) Shall fine him not less than $750 nor more than $1,000;

30-7      (3) Shall order him to perform not less than 100 hours, but not more

30-8  than 200 hours, of [work for the] community service while dressed in

30-9  distinctive garb that identifies him as having violated the provisions of

30-10  NRS 484.379, unless the court finds that extenuating circumstances exist;

30-11  and

30-12     (4) May order him to attend a program of treatment for the abuse

30-13  of alcohol or drugs pursuant to the provisions of NRS

30-14  484.37945.

30-15  A person who willfully fails or refuses to complete successfully a term of

30-16  residential confinement or a program of treatment ordered pursuant to this

30-17  paragraph is guilty of a misdemeanor.

30-18  (c) For a third or subsequent offense within 7 years, is guilty of a

30-19  category B felony and shall be punished by imprisonment in the state

30-20  prison for a minimum term of not less than 1 year and a maximum term of

30-21  not more than 6 years, and shall be further punished by a fine of not less

30-22  than $2,000 nor more than $5,000. An offender so imprisoned must,

30-23  insofar as practicable, be segregated from offenders whose crimes were

30-24  violent and, insofar as practicable, be assigned to an institution or facility

30-25  of minimum security.

30-26  2.  An offense that occurred within 7 years immediately preceding the

30-27  date of the principal offense or after the principal offense constitutes a prior

30-28  offense for the purposes of this section when evidenced by a conviction,

30-29  without regard to the sequence of the offenses and convictions. The facts

30-30  concerning a prior offense must be alleged in the complaint, indictment or

30-31  information, must not be read to the jury or proved at trial but must be

30-32  proved at the time of sentencing and, if the principal offense is alleged to

30-33  be a felony, must also be shown at the preliminary examination or

30-34  presented to the grand jury.

30-35  3.  A person convicted of violating the provisions of NRS 484.379

30-36  must not be released on probation, and a sentence imposed for violating

30-37  those provisions must not be suspended except, as provided in NRS 4.373,

30-38  5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

30-39  exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

30-40  a charge of violating the provisions of NRS 484.379 in exchange for a plea

30-41  of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

30-42  any other reason unless he knows or it is obvious that the charge is not

30-43  supported by probable cause or cannot be proved at the time of trial.

30-44  4.  A term of confinement imposed pursuant to the provisions of this

30-45  section may be served intermittently at the discretion of the judge or justice

30-46  of the peace, except that a person who is convicted of a second or

30-47  subsequent offense within 7 years must be confined for at least one

30-48  segment of not less than 48 consecutive hours. This discretion must be

30-49  exercised after considering all the circumstances surrounding the offense,

31-1  and the family and employment of the offender, but any sentence of 30

31-2  days or less must be served within 6 months after the date of conviction or,

31-3  if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

31-4  the suspension of his sentence was revoked, within 6 months after the date

31-5  of revocation. Any time for which the offender is confined must consist of

31-6  not less than 24 consecutive hours.

31-7    5.  Jail sentences simultaneously imposed pursuant to this section and

31-8  NRS 482.456, 483.560 or 485.330 must run consecutively.

31-9    6.  If the person who violated the provisions of NRS 484.379 possesses

31-10  a driver’s license issued by a state other than the State of Nevada and does

31-11  not reside in the State of Nevada, in carrying out the provisions of

31-12  subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

31-13  (a) Order the person to pay tuition for and submit evidence of

31-14  completion of an educational course on the abuse of alcohol and controlled

31-15  substances approved by a governmental agency of the state of his residence

31-16  within the time specified in the order; or

31-17  (b) Order him to complete an educational course by correspondence on

31-18  the abuse of alcohol and controlled substances approved by the department

31-19  within the time specified in the order,

31-20  and the court shall notify the department if the person fails to complete the

31-21  assigned course within the specified time.

31-22  7.  If the defendant was transporting a person who is less than 15 years

31-23  of age in the motor vehicle at the time of the violation, the court shall

31-24  consider that fact as an aggravating factor in determining the sentence of

31-25  the defendant.

31-26  8.  As used in this section, unless the context otherwise requires,

31-27  “offense” means:

31-28  (a) A violation of NRS 484.379 or 484.3795;

31-29  (b) A homicide resulting from driving or being in actual physical

31-30  control of a vehicle while under the influence of intoxicating liquor or a

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

31-32  NRS 484.379 or 484.3795; or

31-33  (c) A violation of a law of any other jurisdiction that prohibits the same

31-34  or similar conduct as set forth in paragraph (a) or (b).

31-35  Sec. 36.  NRS 484.37937 is hereby amended to read as follows:

31-36  484.37937  1.  Except as otherwise provided in subsection 2, a person

31-37  who is found guilty of a first violation of NRS 484.379 may, at that time or

31-38  any time before he is sentenced, apply to the court to undergo a program of

31-39  treatment for alcoholism or drug abuse which is certified by the health

31-40  division of the department of human resources for at least 6 months. The

31-41  court shall authorize that treatment if:

31-42  (a) The person is diagnosed as an alcoholic or abuser of drugs by:

31-43     (1) An alcohol and drug abuse counselor who is licensed or certified

31-44  pursuant to chapter 641C of NRS to make that diagnosis; or

31-45     (2) A physician who is certified to make that diagnosis by the board

31-46  of medical examiners;

31-47  (b) He agrees to pay the cost of the treatment to the extent of his

31-48  financial resources; and

32-1    (c) He has served or will serve a term of imprisonment in jail of 1 day,

32-2  or has performed or will perform 48 hours of [work for the community.]

32-3  community service.

32-4    2.  A person may not apply to the court to undergo a program of

32-5  treatment pursuant to subsection 1 if, within the immediately preceding 7

32-6  years, he has been found guilty of:

32-7    (a) A violation of NRS 484.3795;

32-8    (b) A homicide resulting from driving or being in actual physical

32-9  control of a vehicle while under the influence of intoxicating liquor or a

32-10  controlled substance or resulting from any other conduct prohibited by

32-11  NRS 484.379 or 484.3795; or

32-12  (c) A violation of a law of any other jurisdiction that prohibits the same

32-13  or similar conduct as set forth in paragraph (a) or (b).

32-14  3.  For the purposes of subsection 1, a violation of a law of any other

32-15  jurisdiction that prohibits the same or similar conduct as NRS 484.379

32-16  constitutes a violation of NRS 484.379.

32-17  4.  A prosecuting attorney may, within 10 days after receiving notice of

32-18  an application for treatment pursuant to this section, request a hearing on

32-19  the question of whether the offender is eligible to undergo a program of

32-20  treatment for alcoholism or drug abuse. The court shall order a hearing on

32-21  the application upon the request of the prosecuting attorney or may order a

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

32-23  whether the offender is eligible to undergo such a program of treatment.

32-24  5.  At the hearing on the application for treatment, the prosecuting

32-25  attorney may present the court with any relevant evidence on the matter. If

32-26  a hearing is not held, the court shall decide the matter upon affidavits and

32-27  other information before the court.

32-28  6.  If the court grants an application for treatment, the court shall:

32-29  (a) Immediately sentence the offender and enter judgment accordingly.

32-30  (b) Suspend the sentence of the offender for not more than 3 years upon

32-31  the condition that the offender be accepted for treatment by a treatment

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

32-33  with any other condition ordered by the court.

32-34  (c) Advise the offender that:

32-35     (1) If he is accepted for treatment by such a facility, he may be placed

32-36  under the supervision of the facility for a period not to exceed 3 years and

32-37  during treatment he may be confined in an institution or, at the discretion

32-38  of the facility, released for treatment or supervised aftercare in the

32-39  community.

32-40     (2) If he is not accepted for treatment by such a facility or he fails to

32-41  complete the treatment satisfactorily, he shall serve the sentence imposed

32-42  by the court. Any sentence of imprisonment must be reduced by a time

32-43  equal to that which he served before beginning treatment.

32-44     (3) If he completes the treatment satisfactorily, his sentence will be

32-45  reduced to a term of imprisonment which is no longer than that provided

32-46  for the offense in paragraph (c) of subsection 1 and a fine of not more than

32-47  the minimum fine provided for the offense in NRS 484.3792, but the

32-48  conviction must remain on his record of criminal history.

33-1    7.  The court shall administer the program of treatment pursuant to the

33-2  procedures provided in NRS 458.320 and 458.330, except that the court:

33-3    (a) Shall not defer the sentence, set aside the conviction or impose

33-4  conditions upon the election of treatment except as otherwise provided in

33-5  this section.

33-6    (b) May immediately revoke the suspension of sentence for a violation

33-7  of any condition of the suspension.

33-8    8.  The court shall notify the department, on a form approved by the

33-9  department, upon granting the application of the offender for treatment and

33-10  his failure to be accepted for or complete treatment.

33-11  Sec. 37.  NRS 484.3794 is hereby amended to read as follows:

33-12  484.3794  1.  Except as otherwise provided in subsection 2, a person

33-13  who is found guilty of a second violation of NRS 484.379 within 7 years

33-14  may, at that time or any time before he is sentenced, apply to the court to

33-15  undergo a program of treatment for alcoholism or drug abuse which is

33-16  certified by the health division of the department of human resources for at

33-17  least 1 year if:

33-18  (a) He is diagnosed as an alcoholic or abuser of drugs by:

33-19     (1) An alcohol and drug abuse counselor who is licensed or certified

33-20  pursuant to chapter 641C of NRS to make that diagnosis; or

33-21     (2) A physician who is certified to make that diagnosis by the board

33-22  of medical examiners;

33-23  (b) He agrees to pay the costs of the treatment to the extent of his

33-24  financial resources; and

33-25  (c) He has served or will serve a term of imprisonment in jail of 5 days,

33-26  and if required pursuant to NRS 484.3792, has performed or will perform

33-27  not less than 50 hours, but not more than 100 hours, of [work for the

33-28  community.] community service.

33-29  2.  A person may not apply to the court to undergo a program of

33-30  treatment pursuant to subsection 1 if, within the immediately preceding 7

33-31  years, he has been found guilty of:

33-32  (a) A violation of NRS 484.3795;

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

33-34  control of a vehicle while under the influence of intoxicating liquor or a

33-35  controlled substance or resulting from any other conduct prohibited by

33-36  NRS 484.379 or 484.3795; or

33-37  (c) A violation of a law of any other jurisdiction that prohibits the same

33-38  or similar conduct as set forth in paragraph (a) or (b).

33-39  3.  For the purposes of subsection 1, a violation of a law of any other

33-40  jurisdiction that prohibits the same or similar conduct as NRS 484.379

33-41  constitutes a violation of NRS 484.379.

33-42  4.  A prosecuting attorney may, within 10 days after receiving notice of

33-43  an application for treatment pursuant to this section, request a hearing on

33-44  the matter. The court shall order a hearing on the application upon the

33-45  request of the prosecuting attorney or may order a hearing on its own

33-46  motion.

33-47  5.  At the hearing on the application for treatment, the prosecuting

33-48  attorney may present the court with any relevant evidence on the matter. If

34-1  a hearing is not held, the court shall decide the matter upon affidavits and

34-2  other information before the court.

34-3    6.  If the court determines that an application for treatment should be

34-4  granted, the court shall:

34-5    (a) Immediately sentence the offender and enter judgment accordingly.

34-6    (b) Suspend the sentence of the offender for not more than 3 years upon

34-7  the condition that the offender be accepted for treatment by a treatment

34-8  facility, that he complete the treatment satisfactorily and that he comply

34-9  with any other condition ordered by the court.

34-10  (c) Advise the offender that:

34-11     (1) If he is accepted for treatment by such a facility, he may be placed

34-12  under the supervision of the facility for a period not to exceed 3 years and

34-13  during treatment he may be confined in an institution or, at the discretion

34-14  of the facility, released for treatment or supervised aftercare in the

34-15  community.

34-16     (2) If he is not accepted for treatment by such a facility or he fails to

34-17  complete the treatment satisfactorily, he shall serve the sentence imposed

34-18  by the court. Any sentence of imprisonment must be reduced by a time

34-19  equal to that which he served before beginning treatment.

34-20     (3) If he completes the treatment satisfactorily, his sentence will be

34-21  reduced to a term of imprisonment which is no longer than that provided

34-22  for the offense in paragraph (c) of subsection 1 and a fine of not more than

34-23  the minimum provided for the offense in NRS 484.3792, but the conviction

34-24  must remain on his record of criminal history.

34-25  7.  The court shall administer the program of treatment pursuant to the

34-26  procedures provided in NRS 458.320 and 458.330, except that the court:

34-27  (a) Shall not defer the sentence, set aside the conviction or impose

34-28  conditions upon the election of treatment except as otherwise provided in

34-29  this section.

34-30  (b) May immediately revoke the suspension of sentence for a violation

34-31  of a condition of the suspension.

34-32  8.  The court shall notify the department, on a form approved by the

34-33  department, upon granting the application of the offender for treatment and

34-34  his failure to be accepted for or complete treatment.

34-35  Sec. 38.  NRS 484.641 is hereby amended to read as follows:

34-36  484.641  1.  It is unlawful to drive a passenger car manufactured after:

34-37  (a) January 1, 1968, on a highway unless it is equipped with at least two

34-38  lap-type safety belt assemblies for use in the front seating positions.

34-39  (b) January 1, 1970, on a highway, unless it is equipped with a lap-type

34-40  safety belt assembly for each permanent seating position for passengers.

34-41  This requirement does not apply to the rear seats of vehicles operated by a

34-42  police department or sheriff’s office.

34-43  (c) January 1, 1970, unless it is equipped with at least two shoulder-

34-44  harness-type safety belt assemblies for use in the front seating positions.

34-45  2.  Any person driving and any passenger 5 years of age or older who

34-46  rides in the front or back seat of any vehicle described in subsection 1,

34-47  having an unladen weight of less than 6,000 pounds, on any highway, road

34-48  or street in this state shall wear a safety belt if one is available for his

34-49  seating position.

35-1    3.  A citation must be issued to any driver or to any adult passenger

35-2  who fails to wear a safety belt as required by subsection 2. If the passenger

35-3  is a child 5 years of age or older but under 18 years, a citation must be

35-4  issued to the driver for his failure to require that child to wear the safety

35-5  belt, but if both the driver and that child are not wearing safety belts, only

35-6  one citation may be issued to the driver for both violations. A citation may

35-7  be issued pursuant to this subsection only if the violation is discovered

35-8  when the vehicle is halted or its driver arrested for another alleged

35-9  violation or offense. Any person who violates the provisions of subsection

35-10  2 shall be punished by a fine of not more than $25 or by a sentence to

35-11  perform a certain number of hours of [work for the community.]

35-12  community service.

35-13  4.  A violation of subsection 2:

35-14  (a) Is not a moving traffic violation under NRS 483.473.

35-15  (b) May not be considered as negligence or as causation in any civil

35-16  action or as negligent or reckless driving under NRS 484.377.

35-17  (c) May not be considered as misuse or abuse of a product or as

35-18  causation in any action brought to recover damages for injury to a person

35-19  or property resulting from the manufacture, distribution, sale or use of a

35-20  product.

35-21  5.  The department shall exempt those types of motor vehicles or

35-22  seating positions from the requirements of subsection 1 when compliance

35-23  would be impractical.

35-24  6.  The provisions of subsections 2 and 3 do not apply:

35-25  (a) To a driver or passenger who possesses a written statement by a

35-26  physician certifying that he is unable to wear a safety belt for medical or

35-27  physical reasons;

35-28  (b) If the vehicle is not required by federal law to be equipped with

35-29  safety belts;

35-30  (c) To an employee of the United States Postal Service while delivering

35-31  mail in the rural areas of this state;

35-32  (d) If the vehicle is stopping frequently, the speed of that vehicle does

35-33  not exceed 15 miles per hour between stops and the driver or passenger is

35-34  frequently leaving the vehicle or delivering property from the vehicle; or

35-35  (e) To a passenger riding in a means of public transportation, including

35-36  a taxi, school bus or emergency vehicle.

35-37  7.  It is unlawful for any person to distribute, have for sale, offer for

35-38  sale or sell any safety belt or shoulder harness assembly for use in a motor

35-39  vehicle unless it meets current minimum standards and specifications of the

35-40  United States Department of Transportation.

35-41  Sec. 39.  NRS 616A.195 is hereby amended to read as follows:

35-42  616A.195  Any person:

35-43  1.  Less than 18 years of age who is subject to the jurisdiction of the

35-44  juvenile division of the district court and who has been ordered by the

35-45  court to [work for a community,] perform community service, upon

35-46  compliance by the supervising authority; or

35-47  2.  Eighteen years of age or older who has been ordered by any court

35-48  to perform [work for a] community service pursuant to NRS 176.087,

 

36-1  upon compliance by the convicted person or the supervising

36-2  authority,

36-3  while engaged in that work, shall be deemed, for the purpose of chapters

36-4  616A to 616D, inclusive, of NRS, an employee of the supervising authority

36-5  at a wage of $50 per month, and is entitled to the benefits of those chapters.

36-6    Sec. 40.  NRS 630.352 is hereby amended to read as follows:

36-7    630.352  1.  Any member of the board, except for an advisory

36-8  member serving on a panel of the board hearing charges, may participate in

36-9  the final order of the board. If the board, after a formal hearing, determines

36-10  from a preponderance of the evidence that a violation of the provisions of

36-11  this chapter or of the regulations of the board has occurred, it shall issue

36-12  and serve on the physician charged an order, in writing, containing its

36-13  findings and any sanctions.

36-14  2.  If the board determines that no violation has occurred, it shall

36-15  dismiss the charges, in writing, and notify the physician that the charges

36-16  have been dismissed. If the disciplinary proceedings were instituted against

36-17  the physician as a result of a complaint filed against him, the board may

36-18  provide the physician with a copy of the complaint, including the name of

36-19  the person, if any, who filed the complaint.

36-20  3.  Except as otherwise provided in subsection 4, if the board finds that

36-21  a violation has occurred, it may by order:

36-22  (a) Place the person on probation for a specified period on any of the

36-23  conditions specified in the order;

36-24  (b) Administer to him a public reprimand;

36-25  (c) Limit his practice or exclude one or more specified branches of

36-26  medicine from his practice;

36-27  (d) Suspend his license for a specified period or until further order of

36-28  the board;

36-29  (e) Revoke his license to practice medicine;

36-30  (f) Require him to participate in a program to correct alcohol or drug

36-31  dependence or any other impairment;

36-32  (g) Require supervision of his practice;

36-33  (h) Impose a fine not to exceed $5,000;

36-34  (i) Require him to perform [public] community service without

36-35  compensation;

36-36  (j) Require him to take a physical or mental examination or an

36-37  examination testing his competence;

36-38  (k) Require him to fulfill certain training or educational requirements;

36-39  and

36-40  (l) Require him to pay all costs incurred by the board relating to his

36-41  disciplinary proceedings.

36-42  4.  If the board finds that the physician has violated the provisions of

36-43  NRS 439B.425, the board shall suspend his license for a specified period or

36-44  until further order of the board.

36-45  Sec. 41.  NRS 630A.510 is hereby amended to read as follows:

36-46  630A.510  1.  Any member of the board who was not a member of the

36-47  investigative committee, if one was appointed, may participate in the final

36-48  order of the board. If the board, after a formal hearing, determines that a

36-49  violation of the provisions of this chapter or the regulations adopted by the

37-1  board has occurred, it shall issue and serve on the person charged an order,

37-2  in writing, containing its findings and any sanctions imposed by the board.

37-3  If the board determines that no violation has occurred, it shall dismiss the

37-4  charges, in writing, and notify the person that the charges have been

37-5  dismissed.

37-6    2.  If the board finds that a violation has occurred, it may by order:

37-7    (a) Place the person on probation for a specified period on any of the

37-8  conditions specified in the order.

37-9    (b) Administer to the person a public reprimand.

37-10  (c) Limit the practice of the person or exclude a method of treatment

37-11  from the scope of his practice.

37-12  (d) Suspend the license of the person for a specified period or until

37-13  further order of the board.

37-14  (e) Revoke the license of the person to practice homeopathic medicine.

37-15  (f) Require the person to participate in a program to correct a

37-16  dependence upon alcohol or a controlled substance, or any other

37-17  impairment.

37-18  (g) Require supervision of the person’s practice.

37-19  (h) Impose an administrative fine not to exceed $10,000.

37-20  (i) Require the person to perform [public] community service without

37-21  compensation.

37-22  (j) Require the person to take a physical or mental examination or an

37-23  examination of his competence to practice homeopathic medicine.

37-24  (k) Require the person to fulfill certain training or educational

37-25  requirements.

37-26  (l) Require the person to pay the costs of the investigation and hearing.

37-27  Sec. 42.  NRS 631.350 is hereby amended to read as follows:

37-28  631.350  1.  Except as otherwise provided in NRS 631.271 and

37-29  631.347, the board may:

37-30  (a) Refuse to issue a license to any person;

37-31  (b) Revoke or suspend the license or renewal certificate issued by it to

37-32  any person;

37-33  (c) Fine a person it has licensed;

37-34  (d) Place a person on probation for a specified period on any conditions

37-35  the board may order;

37-36  (e) Issue a public reprimand to a person;

37-37  (f) Limit a person’s practice to certain branches of dentistry;

37-38  (g) Require a person to participate in a program to correct alcohol or

37-39  drug abuse or any other impairment;

37-40  (h) Require that a person’s practice be supervised;

37-41  (i) Require a person to perform [public] community service without

37-42  compensation;

37-43  (j) Require a person to take a physical or mental examination or an

37-44  examination of his competence;

37-45  (k) Require a person to fulfill certain training or educational

37-46  requirements;

37-47  (l) Require a person to reimburse a patient; or

37-48  (m) Any combination thereof,

38-1  upon proof satisfactory to the board that the person has engaged in any of

38-2  the activities listed in subsection 2.

38-3    2.  The following activities may be punished as provided in

38-4  subsection 1:

38-5    (a) Engaging in the illegal practice of dentistry or dental hygiene;

38-6    (b) Engaging in unprofessional conduct; or

38-7    (c) Violating any regulations adopted by the board or the provisions of

38-8  this chapter.

38-9    3.  The board may delegate to a hearing officer or panel its authority to

38-10  take any disciplinary action pursuant to this chapter, impose and collect

38-11  fines therefor and deposit the money therefrom in banks, credit unions or

38-12  savings and loan associations in this state.

38-13  4.  If a hearing officer or panel is not authorized to take disciplinary

38-14  action pursuant to subsection 3 and the board deposits the money collected

38-15  from the imposition of fines with the state treasurer for credit to the state

38-16  general fund, it may present a claim to the state board of examiners for

38-17  recommendation to the interim finance committee if money is needed to

38-18  pay attorney’s fees or the costs of an investigation, or both.

38-19  Sec. 43.  NRS 706.211 is hereby amended to read as follows:

38-20  706.211  All money collected by the department under the provisions

38-21  of NRS 706.011 to 706.861, inclusive, must be deposited in the state

38-22  treasury for credit to the motor vehicle fund. Except as otherwise provided

38-23  in NRS 482.180 , 482.181 and this chapter, all money collected under the

38-24  provisions of NRS 706.011 to 706.861, inclusive, must be used for the

38-25  construction, maintenance and repair of the public highways of this state.

38-26  Sec. 44.  Section 1 of Senate Bill No. 37 of this session is hereby

38-27  amended to read as follows:

38-28  Section 1.  NRS 62.129 is hereby amended to read as follows:

38-29  62.129  1.  A child alleged to be delinquent or in need of

38-30  supervision may be placed under the informal supervision of a

38-31  probation officer if the child voluntarily admits his participation in the

38-32  acts for which he was referred to the probation officer. If any of the

38-33  acts would constitute a gross misdemeanor or felony if committed by

38-34  an adult, the child may not be placed under informal supervision

38-35  unless the district attorney approves of the placement in writing. The

38-36  probation officer must advise the child and his parent, guardian or

38-37  custodian that they may refuse informal supervision.

38-38  2.  An agreement for informal supervision must be entered into

38-39  voluntarily and intelligently by the child with the advice of his

38-40  attorney, or by the child with the consent of a parent, guardian or

38-41  custodian if the child is not represented by counsel. The period of

38-42  informal supervision must not exceed 180 days. The terms of the

38-43  agreement must be clearly stated in writing and signed by all parties.

38-44  A copy of the agreement must be given to the child, the attorney for

38-45  the child, if any, the child’s parent, guardian or custodian, and the

38-46  probation officer, who shall retain a copy in his file for the case. The

38-47  child and his parent, guardian or custodian may terminate the

38-48  agreement at any time and request the filing of a petition for formal

38-49  adjudication.

39-1    3.  An agreement for informal supervision may require a child to:

39-2    (a) Perform community service or provide restitution to any victim

39-3  of the acts for which the child was referred to the probation officer;

39-4    (b) Participate in a program of restitution through work that is

39-5  established pursuant to NRS 62.2185 if the child:

39-6      (1) Is 14 years of age or older;

39-7      (2) Has never been found to be within the purview of this

39-8  chapter for an unlawful act that involved the use or threatened use of

39-9  force or violence against a victim and has never been found to have

39-10  committed such an unlawful act in any other jurisdiction;

39-11     (3) Is required to provide restitution to a victim; and

39-12     (4) Voluntarily agrees to participate in the program of restitution

39-13  through work;

39-14  (c) Complete a program of cognitive training and human

39-15  development pursuant to NRS 62.2195 if:

39-16     (1) The child has never been found to be within the purview of

39-17  this chapter; and

39-18     (2) The unlawful act for which the child is found to be within

39-19  the purview of this chapter did not involve the use or threatened use of

39-20  force or violence against a victim; or

39-21  (d) Engage in any combination of the activities set forth in

39-22  paragraphs (a), (b) and (c).

39-23  4.  If an agreement for informal supervision requires a child to

39-24  participate in a program of restitution through work as set forth in

39-25  paragraph (b) of subsection 3 or complete a program of cognitive

39-26  training and human development as set forth in paragraph (c) of

39-27  subsection 3, the agreement may also require any or all of the

39-28  following, in the following order of priority if practicable:

39-29  (a) The child or the parent or guardian of the child, to the extent of

39-30  his financial ability, to pay the costs associated with the participation

39-31  of the child in the program, including, without limitation, a reasonable

39-32  sum of money to pay for the cost of policies of insurance against

39-33  liability for personal injury and damage to property during those

39-34  periods in which the child participates in the program or performs

39-35  work, and in the case of a program of restitution through work, for

39-36  industrial insurance, unless the industrial insurance is provided by the

39-37  employer for which the child performs the work; or

39-38  (b) The child to work on projects or perform community service

39-39  pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period

39-40  that reflects the costs associated with the participation of the child in

39-41  the program.

39-42  5.  If a child is placed under informal supervision, a petition based

39-43  upon the events out of which the original complaint arose may be

39-44  filed only within 180 days after entry into the agreement for informal

39-45  supervision. If a petition is filed within that period, the child may

39-46  withdraw the admission he made pursuant to subsection 1. The child’s

39-47  compliance with all proper and reasonable terms of the agreement

39-48  constitute grounds for the court to dismiss the petition.

40-1    6.  [A] Upon the request of the court, a probation officer shall file

40-2  [annually] with the court a report of the number of children placed

40-3  under informal supervision during the previous year, the conditions

40-4  imposed in each case and the number of cases that were successfully

40-5  completed without the filing of a petition.

40-6    Sec. 45.  Section 21 of Senate Bill No. 59 of this session is hereby

40-7  amended to read as follows:

40-8  Sec. 21. NRS 371.230 is hereby amended to read as follows:

40-9  371.230  Except as otherwise provided in NRS 371.1035, 482.180

40-10  or 482.181, money collected by the department for [privilege]

40-11  governmental services taxes and penalties pursuant to the provisions

40-12  of this chapter must be deposited with the state treasurer to the credit

40-13  of the motor vehicle fund.

40-14  Sec. 46.  Section 29 of Senate Bill No. 59 of this session is hereby

40-15  amended to read as follows:

40-16  Sec. 29. NRS 387.328 is hereby amended to read as follows:

40-17  387.328  1.  The board of trustees of each school district shall

40-18  establish a fund for capital projects for the purposes set forth in

40-19  subsection 1 of NRS 387.335. The money in the fund for capital

40-20  projects may be transferred to the debt service fund to pay the cost of

40-21  the school district’s debt service.

40-22  2.  The board of trustees may accumulate money in the fund for

40-23  capital projects for a period not to exceed 20 years.

40-24  3.  That portion of the [vehicle privilege] governmental services

40-25  tax whose allocation to the school district pursuant to NRS 482.181 is

40-26  based on the amount of the property tax levy attributable to its debt

40-27  service must be deposited in the county treasury to the credit of the

40-28  fund established under subsection 1 or the school district’s debt

40-29  service fund.

40-30  4.  No money in the fund for capital projects at the end of the

40-31  fiscal year may revert to the county school district fund, nor may the

40-32  money be a surplus for any other purpose than those specified in

40-33  subsection 1.

40-34  5.  The proceeds of the taxes deposited in the fund for capital

40-35  projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be

40-36  pledged to the payment of the principal and interest on bonds or other

40-37  obligations issued for one or more of the purposes set forth in NRS

40-38  387.335. The proceeds of such taxes so pledged may be treated as

40-39  pledged revenues for the purposes of subsection 3 of NRS 350.020,

40-40  and the board of trustees of a school district may issue bonds for those

40-41  purposes in accordance with the provisions of chapter 350 of NRS.

40-42  Sec. 47.  Section 30 of Senate Bill No. 59 of this session is hereby

40-43  amended to read as follows:

40-44  Sec. 30.  NRS 482.180 is hereby amended to read as follows:

40-45  482.180  1.  The motor vehicle fund is hereby created as an

40-46  agency fund. Except as otherwise provided in subsection 4 or by a

40-47  specific statute, all money received or collected by the department

40-48  must be deposited in the state treasury for credit to the motor vehicle

40-49  fund.

41-1  2.  The interest and income on the money in the motor vehicle

41-2  fund, after deducting any applicable charges, must be credited to the

41-3  state highway fund.

41-4  3.  Any check accepted by the department in payment of [vehicle

41-5  privilege] the governmental services tax or any other fee required to

41-6  be collected pursuant to this chapter must, if it is dishonored upon

41-7  presentation for payment, be charged back against the motor vehicle

41-8  fund or the county to which the payment was credited pursuant to this

41-9  section or NRS 482.181, in the proper proportion.

41-10  4.  Except as otherwise provided in subsection 6, all money

41-11  received or collected by the department for the basic [vehicle

41-12  privilege] governmental services tax must be distributed in the

41-13  manner set forth in NRS 482.181.

41-14  5.  Money for the administration of the provisions of this chapter

41-15  must be provided by direct legislative appropriation from the state

41-16  highway fundor other legislative authorization, upon the presentation

41-17  of budgets in the manner required by law. Out of the appropriation or

41-18  authorization, the department shall pay every item of expense.

41-19  6.  The department shall withhold 6 percent from the amount of

41-20  [privilege] the governmental services tax collected by the department

41-21  as a commission. From the amount of [privilege] the governmental

41-22  services tax collected by a county assessor, the state controller shall

41-23  credit 1 percent to the department as a commission and remit 5

41-24  percent to the county for credit to its general fund as commission for

41-25  the services of the county assessor. All money withheld by or credited

41-26  to the department pursuant to this subsection must be used only for

41-27  the administration of this chapter as authorized by the legislature

41-28  pursuant to subsection 5.

41-29  7.  When the requirements of this section and NRS 482.181 have

41-30  been met, and when directed by the department, the state controller

41-31  shall transfer monthly to the state highway fund any balance in the

41-32  motor vehicle fund.

41-33  8.  If a statute requires that any money in the motor vehicle fund

41-34  be transferred to another fund or account, the department shall direct

41-35  the controller to transfer the money in accordance with the statute.

41-36  Sec. 48.  Section 31 of Senate Bill No. 59 of this session is hereby

41-37  amended to read as follows:

41-38  Sec. 31. NRS 482.181 is hereby amended to read as follows:

41-39  482.181  1.  Except as otherwise provided in subsection 5, after

41-40  deducting the amount withheld by the department and the amount

41-41  credited to the department pursuant to subsection 6 of NRS 482.180,

41-42  the department shall certify monthly to the state board of examiners

41-43  the amount of the basic and supplemental [privilege] governmental

41-44  services taxes collected for each county by the department and its

41-45  agents during the preceding month, and that money must be

41-46  distributed monthly as provided in this section.

41-47  2.  Any supplemental [privilege] governmental services tax

41-48  collected for a county must be distributed only to the county, to be

41-49  used as provided in NRS 371.045 and 371.047.

42-1    3.  The distribution of the basic [privilege] governmental services

42-2  tax received or collected for each county must be made to the county

42-3  school district within each county before any distribution is made to a

42-4  local government, special district or enterprise district. For the

42-5  purpose of calculating the amount of the basic [privilege]

42-6  governmental services tax to be distributed to the county school

42-7  district, the taxes levied by each local government, special district and

42-8  enterprise district are the product of its certified valuation, determined

42-9  pursuant to subsection 2 of NRS 361.405, and its tax rate, established

42-10  pursuant to NRS 361.455 for the fiscal year beginning on July 1,

42-11  1980, except that the tax rate for school districts, including the rate

42-12  attributable to a district’s debt service, is the rate established pursuant

42-13  to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if

42-14  the rate attributable to a district’s debt service in any fiscal year is

42-15  greater than its rate for the fiscal year beginning on July 1, 1978, the

42-16  higher rate must be used to determine the amount attributable to debt

42-17  service.

42-18  4.  After making the distributions set forth in subsection 3, the

42-19  remaining money received or collected for each county must be

42-20  deposited in the local government tax distribution account created by

42-21  NRS 360.660 for distribution to local governments, special districts

42-22  and enterprise districts within each county pursuant to the provisions

42-23  of NRS 360.680 and 360.690.

42-24  5.  An amount equal to any basic [privilege] governmental

42-25  services tax distributed to a redevelopment agency in the fiscal year

42-26  1987-1988 must continue to be distributed to that agency as long as it

42-27  exists but must not be increased.

42-28  6.  The department shall make distributions of the basic [privilege]

42-29  governmental services tax directly to county school districts.

42-30  7.  As used in this section:

42-31  (a) “Enterprise district” has the meaning ascribed to it in NRS

42-32  360.620.

42-33  (b) “Local government” has the meaning ascribed to it in NRS

42-34  360.640.

42-35  (c) “Received or collected for each county” means:

42-36     (1) For the basic [privilege] governmental services tax collected

42-37  on vehicles subject to the provisions of chapter 706 of NRS, the

42-38  amount determined for each county based on the following

42-39  percentages:

42-40  Carson City1.07 percent..................... Lincoln.............. 3.12 percent

42-41  Churchill5.21 percent......................... Lyon.............. 2.90 percent

42-42  Clark22.54 percent...................... Mineral.............. 2.40 percent

42-43  Douglas2.52 percent........................... Nye.............. 4.09 percent

42-44  Elko13.31 percent.................... Pershing.............. 7.00 percent

42-45  Esmeralda2.52 percent....................... Storey        .19 percent

42-46  Eureka3.10 percent.................... Washoe............ 12.24 percent

42-47  Humboldt8.25 percentWhite Pine.............. 5.66 percent

42-48  Lander3.88 percent

 

43-1      (2) For all other basic and supplemental [privilege] governmental

43-2  services tax received or collected by the department, the amount

43-3  attributable to each county based on the county of registration of the

43-4  vehicle for which the tax was paid.

43-5  (d) “Special district” has the meaning ascribed to it in NRS

43-6  360.650.

43-7  Sec. 49.  Section 37 of Senate Bill No. 91 of this session is hereby

43-8  amended to read as follows:

43-9      Sec. 37. NRS 630.352 is hereby amended to read as follows:

43-10     630.352  1.  Any member of the board, except for an advisory

43-11  member serving on a panel of the board hearing charges, may

43-12  participate in the final order of the board. If the board, after a formal

43-13  hearing, determines from a preponderance of the evidence that a

43-14  violation of the provisions of this chapter or of the regulations of the

43-15  board has occurred, it shall issue and serve on the physician charged

43-16  an order, in writing, containing its findings and any sanctions.

43-17     2.  If the board determines that no violation has occurred, it shall

43-18  dismiss the charges, in writing, and notify the physician that the

43-19  charges have been dismissed. If the disciplinary proceedings were

43-20  instituted against the physician as a result of a complaint filed against

43-21  him, the board may provide the physician with a copy of the

43-22  complaint . [, including the name of the person, if any, who filed the

43-23  complaint.]

43-24     3.  Except as otherwise provided in subsection 4, if the board finds

43-25  that a violation has occurred, it may by order:

43-26     (a) Place the person on probation for a specified period on any of

43-27  the conditions specified in the order;

43-28     (b) Administer to him a public reprimand;

43-29     (c) Limit his practice or exclude one or more specified branches of

43-30  medicine from his practice;

43-31     (d) Suspend his license for a specified period or until further order

43-32  of the board;

43-33     (e) Revoke his license to practice medicine;

43-34     (f) Require him to participate in a program to correct alcohol or

43-35  drug dependence or any other impairment;

43-36     (g) Require supervision of his practice;

43-37     (h) Impose a fine not to exceed $5,000;

43-38     (i) Require him to perform community service without

43-39  compensation;

43-40     (j) Require him to take a physical or mental examination or an

43-41  examination testing his competence;

43-42     (k) Require him to fulfill certain training or educational

43-43  requirements; and

43-44     (l) Require him to pay all costs incurred by the board relating to his

43-45  disciplinary proceedings.

43-46     4.  If the board finds that the physician has violated the provisions

43-47  of NRS 439B.425, the board shall suspend his license for a specified

43-48  period or until further order of the board.

43-49  Sec. 50.  NRS 488.407 is hereby repealed.

44-1    Sec. 51.  This act becomes effective upon passage and approval.

44-2    Sec. 52.  The legislative counsel shall:

44-3    1.  In preparing the reprint and supplements to the Nevada Revised

44-4  Statutes, appropriately change any references to “work for the benefit of

44-5  the community,” “work for the community,” “work for a community,”

44-6  “public service” or other similar term to refer to community service.

44-7    2.  In preparing supplements to the Nevada Administrative Code,

44-8  appropriately change any references to “work for the benefit of the

44-9  community,” “work for the community,” “work for a community,” “public

44-10  service” or other similar term to refer to community service.

 

44-11  TEXT OF REPEALED SECTION

 

44-12  488.407  Operation of vessel under the influence of intoxicating

44-13   liquor or controlled substance: Implied consent to evidentiary test;

44-14   refusal to submit to test; manner of testing.

44-15  1.  Except as otherwise provided in subsections 5 and 6, a person who

44-16   operates or is in actual physical control of a vessel under power or sail on

44-17   the waters of this state shall be deemed to have given his consent to an

44-18   evidentiary test of his blood, urine, breath or other bodily substance for the

44-19   purpose of determining the concentration of alcohol in his blood or breath

44-20   or the presence of a controlled substance when such a test is administered

44-21   at the direction of a peace officer having reasonable grounds to believe

44-22   that the person to be tested was operating or exercising actual physical

44-23   control of a vessel under power or sail while under the influence of

44-24   intoxicating liquor or a controlled substance.

44-25  2.  If a person refuses to submit to such a test as directed by a peace

44-26   officer, evidence of that refusal is admissible in any criminal action to

44-27   determine whether the person was operating or exercising actual physical

44-28   control of a vessel under power or sail while under the influence of

44-29   intoxicating liquor or a controlled substance.

44-30  3.  The person to be tested must be informed that his refusal to submit

44-31   to the test is admissible pursuant to subsection 2.

44-32  4.  Any person who is dead, unconscious or otherwise in a condition

44-33   rendering him incapable of refusal shall be deemed not to have withdrawn

44-34   his consent, and any such test may be administered whether or not the

44-35   person is informed that evidence of his refusal to submit to the test is

44-36   admissible.

44-37  5.  Any person who is afflicted with hemophilia or with a heart

44-38   condition requiring the use of an anticoagulant as determined by a

44-39   physician is exempt from any blood test which may be required pursuant

44-40   to this section, but may be required to submit to a test of his breath or

44-41   urine.

44-42  6.  Except as otherwise provided in subsection 9, if the concentration of

44-43   alcohol in the blood or breath of the person to be tested is in issue, he may

44-44   refuse to submit to a blood test if means are reasonably available to

44-45   perform a breath test. If the person requests a blood test and the means are

45-1  reasonably available to perform a breath test, and he is subsequently

45-2  convicted, he must pay for the cost of the substituted test, including the

45-3   fees and expenses of witnesses in court.

45-4    7.  If the presence of a controlled substance in the blood of the person

45-5   is in issue, the officer may direct him to submit to a blood or urine test, or

45-6   both, in addition to the breath test.

45-7    8.  Except as otherwise provided in subsections 5 and 7, a peace officer

45-8   shall not direct a person to submit to a urine test.

45-9    9.  Except as otherwise provided in this subsection, a person who

45-10   refuses to submit to a test required by this section must not be tested. If an

45-11   officer has reasonable cause to believe that:

45-12  (a) The person to be tested was operating or in actual physical control of

45-13   a vessel while under the influence of intoxicating liquor or a controlled

45-14   substance; and

45-15  (b) The person thereby caused the death or substantial bodily harm of

45-16   another,

45-17  the officer may direct that reasonable force be used to the extent necessary

45-18   to obtain samples of blood from the person to be tested. Not more than

45-19   three such samples may be taken during the 5-hour period immediately

45-20   following the time of the initial arrest. In such a circumstance, the officer

45-21   is not required to provide the person with a choice of tests for determining

45-22   the concentration of alcohol in his blood or breath or presence of a

45-23   controlled substance in his blood.

 

45-24  H