(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. (Deleted by amendment.)

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

1-3    4.373  1.  Except as otherwise provided in subsection 2, NRS

1-4  211A.127 or another specific statute, or unless the suspension of a sentence

1-5  is expressly forbidden, a justice of the peace may suspend, for not more

1-6  than 1 year, the sentence of a person convicted of a misdemeanor. If the

1-7  circumstances warrant, the justice of the peace may order as a condition of

1-8  suspension that the offender:

1-9    (a) Make restitution to the owner of any property that is lost, damaged

1-10  or destroyed as a result of the commission of the offense;

1-11    (b) Engage in a program of [work for the benefit of the community,]

1-12  community service, for not more than 200 hours;

1-13    (c) Actively participate in a program of professional counseling at the

1-14  expense of the offender;

1-15    (d) Abstain from the use of alcohol and controlled substances;

1-16    (e) Refrain from engaging in any criminal activity;

1-17    (f) Engage or refrain from engaging in any other conduct deemed

1-18  appropriate by the justice of the peace;

1-19    (g) Submit to a search and seizure by the chief of a department of

1-20  alternative sentencing, an assistant alternative sentencing officer or any

2-1  other law enforcement officer at any time of the day or night without a

2-2  search warrant; and

2-3    (h) Submit to periodic tests to determine whether the offender is using a

2-4  controlled substance or consuming alcohol.

2-5    2.  If a person is convicted of a misdemeanor that constitutes domestic

2-6  violence pursuant to NRS 33.018, the justice of the peace may, after the

2-7  person has served any mandatory minimum period of confinement,

2-8  suspend the remainder of the sentence of the person for not more than 3

2-9  years upon the condition that the person actively participate in:

2-10    (a) A program of treatment for the abuse of alcohol or drugs which is

2-11  certified by the health division of the department of human resources;

2-12    (b) A program for the treatment of persons who commit domestic

2-13  violence that has been certified pursuant to NRS 228.470; or

2-14    (c) The programs set forth in paragraphs (a) and (b),

2-15  and that he comply with any other condition of suspension ordered by the

2-16  justice of the peace.

2-17    3.  The justice of the peace may order reports from a person whose

2-18  sentence is suspended at such times as he deems appropriate concerning

2-19  the compliance of the offender with the conditions of suspension. If the

2-20  offender complies with the conditions of suspension to the satisfaction of

2-21  the justice of the peace, the sentence may be reduced to not less than the

2-22  minimum period of confinement established for the offense.

2-23    4.  The justice of the peace may issue a warrant for the arrest of an

2-24  offender who violates or fails to fulfill a condition of suspension.

2-25    Sec. 3.  NRS 5.055 is hereby amended to read as follows:

2-26    5.055  1.  Except as otherwise provided in subsection 2, NRS

2-27  211A.127 or another specific statute, or unless the suspension of a sentence

2-28  is expressly forbidden, a municipal judge may suspend, for not more than 1

2-29  year, the sentence of a person convicted of a misdemeanor. If the

2-30  circumstances warrant, the municipal judge may order as a condition of

2-31  suspension that the offender:

2-32    (a) Make restitution to the owner of any property that is lost, damaged

2-33  or destroyed as a result of the commission of the offense;

2-34    (b) Engage in a program of [work for the benefit of the community,]

2-35  community service, for not more than 200 hours;

2-36    (c) Actively participate in a program of professional counseling at the

2-37  expense of the offender;

2-38    (d) Abstain from the use of alcohol and controlled substances;

2-39    (e) Refrain from engaging in any criminal activity;

2-40    (f) Engage or refrain from engaging in any other conduct deemed

2-41  appropriate by the municipal judge;

2-42    (g) Submit to a search and seizure by the chief of a department of

2-43  alternative sentencing, an assistant alternative sentencing officer or any

2-44  other law enforcement officer at any time of the day or night without a

2-45  search warrant; and

2-46    (h) Submit to periodic tests to determine whether the offender is using

2-47  any controlled substance or alcohol.

2-48    2.  If a person is convicted of a misdemeanor that constitutes domestic

2-49  violence pursuant to NRS 33.018, the municipal judge may, after the

3-1  person has served any mandatory minimum period of confinement,

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

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

3-4    (a) A program of treatment for the abuse of alcohol or drugs which is

3-5  certified by the health division of the department of human resources;

3-6    (b) A program for the treatment of persons who commit domestic

3-7  violence that has been certified pursuant to NRS 228.470; or

3-8    (c) The programs set forth in paragraphs (a) and (b),

3-9  and that he comply with any other condition of suspension ordered by the

3-10  municipal judge.

3-11    3.  The municipal judge may order reports from a person whose

3-12  sentence is suspended at such times as he deems appropriate concerning

3-13  the compliance of the offender with the conditions of suspension. If the

3-14  offender complies with the conditions of suspension to the satisfaction of

3-15  the municipal judge, the sentence may be reduced to not less than the

3-16  minimum period of confinement established for the offense.

3-17    4.  The municipal judge may issue a warrant for the arrest of an

3-18  offender who violates or fails to fulfill a condition of suspension.

3-19    Sec. 4.  NRS 33.100 is hereby amended to read as follows:

3-20    33.100  1.  A person who violates a temporary or extended order is

3-21  guilty of a misdemeanor, unless a more severe penalty is prescribed by law

3-22  for the act that constitutes the violation of the order. If the violation is

3-23  accompanied by a violent physical act by the adverse party against a person

3-24  protected by the order, the court shall:

3-25    (a) Impose upon the adverse party a fine of $1,000 or require him to

3-26  perform a minimum of 200 hours of [work for the community;] community

3-27  service;

3-28    (b) Sentence him to imprisonment for not fewer than 5 days nor more

3-29  than 6 months;

3-30    (c) Order him to reimburse the applicant, in an amount determined by

3-31  the court, for all costs and attorney’s fees incurred by the applicant in

3-32  seeking to enforce the temporary or extended order, and for all medical

3-33  expenses of the applicant and any minor child incurred as a result of the

3-34  violent physical act; and

3-35    (d) Order him to participate in and complete a program of professional

3-36  counseling, at his own expense, if such counseling is available.

3-37    2.  The adverse party shall comply with the order for reimbursement of

3-38  the applicant before paying a fine imposed pursuant to this section.

3-39    Sec. 5.  NRS 48.061 is hereby amended to read as follows:

3-40    48.061  Evidence of domestic violence as defined in NRS 33.018 and

3-41  expert testimony concerning the effect of domestic violence on the beliefs,

3-42  behavior and perception of the person alleging the domestic violence is

3-43  admissible in chief and in rebuttal, when determining:

3-44    1.  Whether a person is excepted from criminal liability pursuant to

3-45  subsection [7] 6 of NRS 194.010, to show the state of mind of the

3-46  defendant.

3-47    2.  Whether a person in accordance with NRS 200.200 has killed

3-48  another in self-defense, toward the establishment of the legal defense.

 

4-1    Sec. 6.  NRS 62.129 is hereby amended to read as follows:

4-2    62.129  1.  A child alleged to be delinquent or in need of supervision

4-3  may be placed under the informal supervision of a probation officer if the

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

4-5  referred to the probation officer. If any of the acts would constitute a gross

4-6  misdemeanor or felony if committed by an adult, the child may not be

4-7  placed under informal supervision unless the district attorney approves of

4-8  the placement in writing. The probation officer must advise the child and

4-9  his parent, guardian or custodian that they may refuse informal supervision.

4-10    2.  An agreement for informal supervision must be entered into

4-11  voluntarily and intelligently by the child with the advice of his attorney, or

4-12  by the child with the consent of a parent, guardian or custodian if the child

4-13  is not represented by counsel. The period of informal supervision must not

4-14  exceed 180 days. The terms of the agreement must be clearly stated in

4-15  writing and signed by all parties. A copy of the agreement must be given to

4-16  the child, the attorney for the child, if any, the child’s parent, guardian or

4-17  custodian, and the probation officer, who shall retain a copy in his file for

4-18  the case. The child and his parent, guardian or custodian may terminate the

4-19  agreement at any time and request the filing of a petition for formal

4-20  adjudication.

4-21    3.  An agreement for informal supervision may require a child to:

4-22    (a) Perform [public] community service or provide restitution to any

4-23  victim of the acts for which the child was referred to the probation officer;

4-24    (b) Participate in a program of restitution through work that is

4-25  established pursuant to NRS 62.2185 if the child:

4-26      (1) Is 14 years of age or older;

4-27      (2) Has never been found to be within the purview of this chapter for

4-28  an unlawful act that involved the use or threatened use of force or violence

4-29  against a victim and has never been found to have committed such an

4-30  unlawful act in any other jurisdiction;

4-31      (3) Is required to provide restitution to a victim; and

4-32      (4) Voluntarily agrees to participate in the program of restitution

4-33  through work;

4-34    (c) Complete a program of cognitive training and human development

4-35  pursuant to NRS 62.2195 if:

4-36      (1) The child has never been found to be within the purview of this

4-37  chapter; and

4-38      (2) The unlawful act for which the child is found to be within the

4-39  purview of this chapter did not involve the use or threatened use of force or

4-40  violence against a victim; or

4-41    (d) Engage in any combination of the activities set forth in paragraphs

4-42  (a), (b) and (c).

4-43    4.  If an agreement for informal supervision requires a child to

4-44  participate in a program of restitution through work as set forth in

4-45  paragraph (b) of subsection 3 or complete a program of cognitive training

4-46  and human development as set forth in paragraph (c) of subsection 3, the

4-47  agreement may also require any or all of the following, in the following

4-48  order of priority if practicable:

5-1    (a) The child or the parent or guardian of the child, to the extent of his

5-2  financial ability, to pay the costs associated with the participation of the

5-3  child in the program, including, without limitation, a reasonable sum of

5-4  money to pay for the cost of policies of insurance against liability for

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

5-6  child participates in the program or performs work, and in the case of a

5-7  program of restitution through work, for industrial insurance, unless the

5-8  industrial insurance is provided by the employer for which the child

5-9  performs the work; or

5-10    (b) The child to work on projects or perform [public] community

5-11  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

5-12  period that reflects the costs associated with the participation of the child in

5-13  the program.

5-14    5.  If a child is placed under informal supervision, a petition based upon

5-15  the events out of which the original complaint arose may be filed only

5-16  within 180 days after entry into the agreement for informal supervision. If

5-17  a petition is filed within that period, the child may withdraw the admission

5-18  he made pursuant to subsection 1. The child’s compliance with all proper

5-19  and reasonable terms of the agreement constitute grounds for the court to

5-20  dismiss the petition.

5-21    6.  A probation officer shall file annually with the court a report of the

5-22  number of children placed under informal supervision during the previous

5-23  year, the conditions imposed in each case and the number of cases that

5-24  were successfully completed without the filing of a petition.

5-25    Sec. 7.  NRS 62.211 is hereby amended to read as follows:

5-26    62.211  1.  Except as otherwise provided in this chapter, if the court

5-27  finds that a child is within the purview of this chapter, it shall so decree and

5-28  may:

5-29    (a) Place the child under supervision in his own home or in the custody

5-30  of a suitable person elsewhere, upon such conditions as the court may

5-31  determine. A program of supervision in the home may include electronic

5-32  surveillance of the child. The legislature declares that a program of

5-33  supervision that includes electronic surveillance is intended as an

5-34  alternative to commitment and not as an alternative to probation, informal

5-35  supervision or a supervision and consent decree.

5-36    (b) Commit the child to the custody of a public or private institution or

5-37  agency authorized to care for children, or place him in a home with a

5-38  family. In committing a child to a private institution or agency the court

5-39  shall select one that is required to be licensed by the department of human

5-40  resources to care for such children, or, if the institution or agency is in

5-41  another state, by the analogous department of that state. The court shall not

5-42  commit a female child to a private institution without prior approval of the

5-43  superintendent of the Caliente youth center, and shall not commit a male

5-44  child to a private institution without prior approval of the superintendent of

5-45  the Nevada youth training center.

5-46    (c) Order such medical, psychiatric, psychological or other care and

5-47  treatment as the court deems to be for the best interests of the child, except

5-48  as otherwise provided in this section.

6-1    (d) Order the parent, guardian, custodian or any other person to refrain

6-2  from continuing the conduct which, in the opinion of the court, has caused

6-3  or tended to cause the child to come within or remain under the provisions

6-4  of this chapter.

6-5    (e) If the child is less than 18 years of age, order:

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

6-7       (2) Any brother, sister or other person who is living in the

6-8  same household as the child over whom the court has

6-9  jurisdiction,

6-10  to attend or participate in counseling, with or without the child, including,

6-11  but not limited to, counseling regarding parenting skills, alcohol or

6-12  substance abuse, or techniques of dispute resolution.

6-13    (f) Order the parent or guardian of the child to participate in a program

6-14  designed to provide restitution to the victim of an act committed by the

6-15  child or to perform [public] community service.

6-16    (g) Order the parent or guardian of the child to pay all or part of the cost

6-17  of the proceedings, including, but not limited to, reasonable attorney’s fees,

6-18  any costs incurred by the court and any costs incurred in the investigation

6-19  of an act committed by the child and the taking into custody of the child.

6-20    (h) Order the suspension of the child’s driver’s license for at least 90

6-21  days but not more than 2 years. If the child does not possess a driver’s

6-22  license, the court may prohibit the child from receiving a driver’s license

6-23  for at least 90 days but not more than 2 years:

6-24      (1) Immediately following the date of the order, if the child is eligible

6-25  to receive a driver’s license.

6-26      (2) After the date he becomes eligible to apply for a driver’s license,

6-27  if the child is not eligible to receive a license on the date of the

6-28  order.

6-29  If the court issues an order suspending the driver’s license of a child

6-30  pursuant to this paragraph, the judge shall require the child to surrender to

6-31  the court all driver’s licenses then held by the child. The court shall, within

6-32  5 days after issuing the order, forward to the department of motor vehicles

6-33  and public safety the licenses, together with a copy of the order. If,

6-34  pursuant to this paragraph, the court issues an order delaying the ability of

6-35  a child to receive a driver’s license, the court shall, within 5 days after

6-36  issuing the order, forward to the department of motor vehicles and public

6-37  safety a copy of the order. The department of motor vehicles and public

6-38  safety shall report a suspension pursuant to this paragraph to an insurance

6-39  company or its agent inquiring about the child’s driving record, but such a

6-40  suspension must not be considered for the purpose of rating or

6-41  underwriting. The department of motor vehicles and public safety shall not

6-42  require the child to submit to the tests and other requirements which are

6-43  adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

6-44  condition of reinstatement or reissuance after a suspension of his license

6-45  pursuant to this paragraph, unless the suspension resulted from his poor

6-46  performance as a driver.

6-47    (i) Place the child, when he is not in school, under the supervision of:

6-48      (1) A public organization to work on public projects;

6-49      (2) A public agency to work on projects to eradicate graffiti; or

7-1       (3) A private nonprofit organization to perform other [public]

7-2  community service.

7-3  The person under whose supervision the child is placed shall keep the child

7-4  busy and well supervised and shall make such reports to the court as it may

7-5  require. As a condition of such a placement, the court may require the child

7-6  or his parent or guardian to deposit with the court a reasonable sum of

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

7-8  personal injury and damage to property or for industrial insurance, or both,

7-9  during those periods in which he performs the work[,] or community

7-10  service, unless, in the case of industrial insurance, it is provided by the

7-11  organization or agency for which he performs the work[.] or community

7-12  service.

7-13    (j) Permit the child to reside in a residence without the immediate

7-14  supervision of an adult, or exempt the child from mandatory attendance at

7-15  school so that the child may be employed full time, or both, if the child is

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

7-17  placement or exemption and is under the strict supervision of the juvenile

7-18  division.

7-19    (k) Require the child to provide restitution to the victim of the crime

7-20  which the child has committed.

7-21    (l) Impose a fine on the child. If a fine is imposed, the court shall

7-22  impose an administrative assessment pursuant to NRS 62.2175.

7-23    (m) If the child has not previously been found to be within the purview

7-24  of this chapter and if the act for which the child is found to be within the

7-25  purview of this chapter did not involve the use or threatened use of force or

7-26  violence, order the child to participate in a publicly or privately operated

7-27  program of sports or physical fitness that is adequately supervised or a

7-28  publicly or privately operated program for the arts that is adequately

7-29  supervised. A program for the arts may include, but is not limited to,

7-30  drawing, painting, photography or other visual arts, musical, dance or

7-31  theatrical performance, writing or any other structured activity that

7-32  involves creative or artistic expression. If the court orders the child to

7-33  participate in a program of sports or physical fitness or a program for the

7-34  arts, the court may order any or all of the following, in the following order

7-35  of priority if practicable:

7-36      (1) The parent or guardian of the child, to the extent of his financial

7-37  ability, to pay the costs associated with the participation of the child in the

7-38  program, including, but not limited to, a reasonable sum of money to pay

7-39  for the cost of policies of insurance against liability for personal injury and

7-40  damage to property during those periods in which the child participates in

7-41  the program;

7-42      (2) The child to work on projects or perform [public] community

7-43  service pursuant to paragraph (i) for a period that reflects the costs

7-44  associated with the participation of the child in the program; or

7-45      (3) The county in which the petition alleging the child to be

7-46  delinquent or in need of supervision is filed to pay the costs associated with

7-47  the participation of the child in the program.

7-48    2.  If the court finds that a child who is less than 17 years of age has

7-49  committed a delinquent act, the court may order the parent or guardian of

8-1  the child to pay any fines and penalties imposed for the delinquent act. If

8-2  the parent or guardian is unable to pay the fines and penalties imposed

8-3  because of financial hardship, the court may require the parent or guardian

8-4  to perform community service.

8-5    3.  In determining the appropriate disposition of a case concerning a

8-6  child found to be within the purview of this chapter, the court shall

8-7  consider whether the act committed by the child involved the use of a

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

8-9  of the act and whether the child is a serious or chronic offender. If the court

8-10  finds that the act committed by the child involved the use of a firearm or

8-11  the use or threatened use of force or violence against the victim or that the

8-12  child is a serious or chronic offender, the court shall include the finding in

8-13  its order and may, in addition to the options set forth in subsections 1 and 2

8-14  of this section and NRS 62.213:

8-15    (a) Commit the child for confinement in a secure facility, including a

8-16  facility which is secured by its staff.

8-17    (b) Impose any other punitive measures the court determines to be in the

8-18  best interests of the public or the child.

8-19    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any

8-20  time, either on its own volition or for good cause shown, the court may

8-21  terminate its jurisdiction concerning the child.

8-22    5.  Whenever the court commits a child to any institution or agency

8-23  pursuant to this section or NRS 62.213, it shall transmit a summary of its

8-24  information concerning the child and order the administrator of the school

8-25  that the child last attended to transmit a copy of the child’s educational

8-26  records to the institution or agency. The institution or agency shall give to

8-27  the court any information concerning the child that the court may require.

8-28    6.  In determining whether to place a child pursuant to this section in

8-29  the custody of a person other than his parent, guardian or custodian,

8-30  preference must be given to any person related within the third degree of

8-31  consanguinity to the child whom the court finds suitable and able to

8-32  provide proper care and guidance for the child.

8-33    Sec. 8.  NRS62.2185 is hereby amended to read as follows:

8-34    62.2185  1.  In addition to the options set forth in NRS 62.211 and

8-35  62.213, the court may order a child who is found to be within the purview

8-36  of this chapter to participate in a program of restitution through work that

8-37  is established pursuant to this section if the child:

8-38    (a) Is 14 years of age or older;

8-39    (b) Has never been found to be within the purview of this chapter for an

8-40  unlawful act that involved the use or threatened use of force or violence

8-41  against a victim and has never been found to have committed such an

8-42  unlawful act in any other jurisdiction;

8-43    (c) Is ordered to provide restitution to a victim; and

8-44    (d) Voluntarily agrees to participate in the program of restitution

8-45  through work.

8-46    2.  If the court orders a child to participate in a program of restitution

8-47  through work, the court may order any or all of the following, in the

8-48  following order of priority if practicable:

9-1    (a) The child or the parent or guardian of the child, to the extent of his

9-2  financial ability, to pay the costs associated with the participation of the

9-3  child in the program, including, without limitation, a reasonable sum of

9-4  money to pay for the cost of policies of insurance against liability for

9-5  personal injury and damage to property or for industrial insurance, or both,

9-6  during those periods in which the child participates in the program or

9-7  performs work, unless, in the case of industrial insurance, it is provided by

9-8  the employer for which the child performs the work; or

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

9-10  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

9-11  period that reflects the costs associated with the participation of the child in

9-12  the program.

9-13    3.  A director of juvenile services may establish a program of

9-14  restitution through work. A program of restitution through work must:

9-15    (a) Include, without limitation, instruction in skills for employment and

9-16  work ethics; and

9-17    (b) Require a child who participates in the program to:

9-18      (1) With the assistance of the program and if practicable, seek and

9-19  obtain a position of employment with a public or private employer; and

9-20      (2) Sign an authorization form that permits money to be deducted

9-21  from the wages of the child to pay restitution. The director of juvenile

9-22  services may prescribe the contents of the authorization form and may

9-23  determine the amount of money to be deducted from the wages of the child

9-24  to pay restitution, but the director shall not require that more than 50

9-25  percent of the wages of the child be deducted to pay restitution.

9-26    4.  A program of restitution through work may include, without

9-27  limitation, cooperative agreements with public or private employers to

9-28  make available positions of employment for a child who participates in the

9-29  program.

9-30    5.  A director of juvenile services may terminate participation by a

9-31  child in a program of restitution through work for any lawful reason or

9-32  purpose.

9-33    6.  A director of juvenile services may:

9-34    (a) Apply for, accept and expend grants, gifts, donations, bequests or

9-35  devises to finance a program of restitution through work in the manner

9-36  provided in section 2 of Senate Bill No. 7 of this [act;] session; and

9-37    (b) Contract with persons and public or private entities that are qualified

9-38  to operate or to participate in a program of restitution through work.

9-39    7.  A director of juvenile services may designate a person to carry out

9-40  the provisions of this section.

9-41    8.  The provisions of this section do not:

9-42    (a) Create a right on behalf of a child to participate in a program of

9-43  restitution through work or to hold a position of employment; or

9-44    (b) Establish a basis for any cause of action against the state or its

9-45  officers or employees for denial of the ability to participate in or for

9-46  removal from a program of restitution through work or for denial of or

9-47  removal from a position of employment.

 

 

10-1    Sec. 9.  NRS 62.2195 is hereby amended to read as follows:

10-2    62.2195  1.  In addition to any other action authorized pursuant to the

10-3  provisions of this chapter, the court may order a child who is found to be

10-4  within the purview of this chapter to complete a program of cognitive

10-5  training and human development pursuant to this section if:

10-6    (a) The child has never been found to be within the purview of this

10-7  chapter; and

10-8    (b) The unlawful act for which the child is found to be within the

10-9  purview of this chapter did not involve the use or threatened use of force or

10-10  violence against a victim.

10-11  2.  If the court orders a child to complete a program of cognitive

10-12  training and human development, the court may order any or all of the

10-13  following, in the following order of priority if practicable:

10-14  (a) The child or the parent or guardian of the child, to the extent of his

10-15  financial ability, to pay the costs associated with the participation of the

10-16  child in the program, including, without limitation, a reasonable sum of

10-17  money to pay for the cost of policies of insurance against liability for

10-18  personal injury and damage to property during those periods in which the

10-19  child participates in the program;

10-20  (b) The child to work on projects or perform [public] community

10-21  service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a

10-22  period that reflects the costs associated with the participation of the child in

10-23  the program; or

10-24  (c) The county in which the petition alleging the child to be delinquent

10-25  or in need of supervision is filed to pay the costs associated with the

10-26  participation of the child in the program.

10-27  3.  A program of cognitive training and human development must

10-28  include, without limitation, education, instruction or guidance in one or

10-29  more of the following subjects, as deemed appropriate by the court:

10-30  (a) Motivation.

10-31  (b) Habits, attitudes and conditioning.

10-32  (c) Self-conditioning processes.

10-33  (d) Developing a successful way of life.

10-34  (e) The process of solving problems.

10-35  (f) Emotions and emotional blocks.

10-36  (g) Assurances and demonstrative maturity.

10-37  (h) Family success.

10-38  (i) Family relationships.

10-39  (j) Interfamilial understanding and communications.

10-40  (k) Financial stability.

10-41  (l) Effective communications.

10-42  (m) Conflict resolution.

10-43  (n) Anger management.

10-44  (o) Obtaining and retaining employment.

10-45  4.  A director of juvenile services may:

10-46  (a) Apply for, accept and expend grants, gifts, donations, bequests or

10-47  devises to finance a program of cognitive training and human development

10-48  in the manner provided in section 3 of Senate Bill No. 7 of this [act;]

10-49  session; and

11-1    (b) Contract with persons and public or private entities that are qualified

11-2  to operate or to participate in a program of cognitive training and human

11-3  development.

11-4    5.  A director of juvenile services may designate a person to carry out

11-5  the provisions of this section.

11-6    Sec. 10.  NRS62.2275 is hereby amended to read as follows:

11-7    62.2275  1.  If a child within the jurisdiction of the juvenile court is

11-8  found by the juvenile court to have committed:

11-9    (a) An unlawful act in violation of NRS 484.379 or 484.3795;

11-10  (b) The unlawful act of using, possessing, selling or distributing a

11-11  controlled substance; or

11-12  (c) The unlawful act of purchasing, consuming or possessing an

11-13  alcoholic beverage in violation of NRS 202.020,

11-14  the judge, or his authorized representative, shall require the child to

11-15  undergo an evaluation to determine if the child is an abuser of alcohol or

11-16  other drugs.

11-17  2.  The evaluation of a child pursuant to this section:

11-18  (a) Must be conducted by:

11-19     (1) An alcohol and drug abuse counselor who is licensed or certified

11-20  or an alcohol and drug abuse counselor intern who is certified pursuant to

11-21  chapter 641C of NRS to make that classification; or

11-22     (2) A physician who is certified to make that classification by the

11-23  board of medical examiners,

11-24  who shall report to the judge the results of the evaluation and make a

11-25  recommendation to the judge concerning the length and type of treatment

11-26  required by the child.

11-27  (b) May be conducted at an evaluation center.

11-28  3.  The judge shall:

11-29  (a) Order the child to undergo a program of treatment as recommended

11-30  by the person who conducted the evaluation pursuant to subsection 2.

11-31  (b) Require the treatment facility to submit monthly reports on the

11-32  treatment of the child pursuant to this section.

11-33  (c) Order the child, if he is at least 18 years of age or an emancipated

11-34  minor, or the parent or legal guardian of the child, to the extent of the

11-35  financial resources of the child or his parent or legal guardian, to pay any

11-36  charges relating to the evaluation and treatment of the child pursuant to this

11-37  section. If the child, or his parent or legal guardian, does not have the

11-38  financial resources to pay all those charges:

11-39     (1) The judge shall, to the extent possible, arrange for the child to

11-40  receive treatment from a treatment facility which receives a sufficient

11-41  amount of federal or state money to offset the remainder of the costs; and

11-42     (2) The judge may order the child to perform supervised [work for

11-43  the benefit of the] community service in lieu of paying the charges relating

11-44  to his evaluation and treatment. The [work] community service must be

11-45  performed for and under the supervising authority of a county, city, town

11-46  or other political subdivision or agency of the State of Nevada or a

11-47  charitable organization that renders service to the community or its

11-48  residents. The court may require the child or his parent or legal guardian to

11-49  deposit with the court a reasonable sum of money to pay for the cost of

12-1  policies of insurance against liability for personal injury and damage to

12-2  property or for industrial insurance, or both, during those periods in which

12-3  the child performs the [work,] community service, unless, in the case of

12-4  industrial insurance, it is provided by the authority for which he performs

12-5  the [work.] community service.

12-6    4.  A treatment facility is not liable for any damages to person or

12-7  property caused by a child who:

12-8    (a) Drives, operates or is in actual physical control of a vehicle or a

12-9  vessel under power or sail while under the influence of intoxicating liquor

12-10  or a controlled substance; or

12-11  (b) Engages in any other conduct prohibited by NRS 484.379,

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

12-13  a law of any other jurisdiction that prohibits the same or similar

12-14  conduct,

12-15  after the treatment facility has certified to his successful completion of a

12-16  program of treatment ordered pursuant to this section.

12-17  5.  The provisions of this section do not prohibit a judge from:

12-18  (a) Requiring an evaluation to be conducted by a person who is

12-19  employed by a private company if the company meets the standards of the

12-20  health division of the department of human resources. The evaluation may

12-21  be conducted at an evaluation center pursuant to paragraph (b) of

12-22  subsection 2.

12-23  (b) Ordering the child to attend a program of treatment which is

12-24  administered by a private company.

12-25  6.  All information relating to the evaluation or treatment of a child

12-26  pursuant to this section is confidential and, except as otherwise authorized

12-27  by the provisions of this chapter or the juvenile court, must not be

12-28  disclosed to any person other than the juvenile court, the child and his

12-29  attorney, if any, his parents or guardian, the prosecuting attorney and any

12-30  other person for whom the communication of that information is necessary

12-31  to effectuate the evaluation or treatment of the child. A record of any

12-32  finding that a child has violated the provisions of NRS 484.379 or

12-33  484.3795 must be included in the driver’s record of that child for 7 years

12-34  after the date of the offense.

12-35  7.  As used in this section:

12-36  (a) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

12-37  (b) “Treatment facility” has the meaning ascribed to it in

12-38  NRS 484.3793.

12-39  Sec. 11.  NRS 62.228 is hereby amended to read as follows:

12-40  62.228  1.  In addition to the options set forth in NRS 62.211 and

12-41  62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of

12-42  subsection 1 of NRS 62.040 because he handled or possessed a firearm or

12-43  had a firearm under his control in violation of NRS 202.300, the court

12-44  shall:

12-45  (a) For the first offense:

12-46     (1) Require him to perform 200 hours of [public] community service

12-47  in the manner provided in paragraph (i) of subsection 1 of NRS 62.211;

12-48  and

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

13-2  does not possess a driver’s license, prohibit the child from receiving a

13-3  driver’s license for not more than 1 year:

13-4         (I) Immediately following the date of the order, if the child is

13-5  eligible to receive a driver’s license.

13-6         (II) After the date he becomes eligible to receive a driver’s license,

13-7  if the child is not eligible to receive a license on the date of the order.

13-8    (b) For the second offense:

13-9      (1) Require him to perform at least 200 hours, but not more than 600

13-10  hours, of [public] community service in the manner provided in paragraph

13-11  (i) of subsection 1 of NRS 62.211; and

13-12     (2) Suspend his driver’s license for at least 90 days but not more than

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

13-14  receiving a driver’s license for at least 90 days but not more than 2 years:

13-15        (I) Immediately following the date of the order, if the child is

13-16  eligible to receive a driver’s license.

13-17        (II) After the date he becomes eligible to receive a driver’s license,

13-18  if the child is not eligible to receive a license on the date of the order.

13-19  2.  If the court issues an order suspending the driver’s license of a child

13-20  pursuant to this section, the judge shall require the child to surrender his

13-21  driver’s license to the court.

13-22  3.  If a child is already the subject of a court order suspending or

13-23  delaying the issuance of his driver’s license, the court shall order an

13-24  additional suspension or delay, as appropriate, to apply consecutively with

13-25  the previous order.

13-26  Sec. 12.  NRS 125.560 is hereby amended to read as follows:

13-27  125.560  1.  A person who violates a restraining order or injunction:

13-28  (a) That is in the nature of a temporary or extended order for protection

13-29  against domestic violence; and

13-30  (b) That is issued in an action or proceeding brought pursuant to this

13-31  Title,

13-32  is guilty of a misdemeanor, unless a more severe penalty is prescribed by

13-33  law for the act that constitutes the violation of the order or injunction. For

13-34  the purposes of this subsection, an order or injunction is in the nature of a

13-35  temporary or extended order for protection against domestic violence if it

13-36  grants relief that might be given in a temporary or extended order issued

13-37  pursuant to NRS 33.017 to 33.100, inclusive.

13-38  2.  If the violation is accompanied by a violent physical act against a

13-39  person protected by the order or injunction, the court shall:

13-40  (a) Impose upon the person committing the act a fine of $1,000 or

13-41  require him to perform a minimum of 200 hours of [work for the

13-42  community;] community service;

13-43  (b) Sentence him to imprisonment for not fewer than 5 days nor more

13-44  than 6 months;

13-45  (c) Order him to reimburse the person obtaining the order or injunction,

13-46  in an amount determined by the court, for all costs and attorney’s fees

13-47  incurred by that person in seeking to enforce the order or injunction, and

13-48  for all medical expenses of the person and any minor child incurred as a

13-49  result of the violent physical act; and

14-1    (d) Order him to participate in and complete a program of professional

14-2  counseling, at his own expense, if such counseling is available.

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

14-4  reimbursement of the person obtaining the order or injunction before

14-5  paying any fine imposed pursuant to this section.

14-6    Sec. 13.  NRS 176.087 is hereby amended to read as follows:

14-7    176.087  1.  Except where the imposition of a specific criminal

14-8  penalty is mandatory, a court may order a convicted person to perform

14-9  supervised [work for the benefit of the community:] community service:

14-10  (a) In lieu of all or a part of any fine or imprisonment that may be

14-11  imposed for the commission of a misdemeanor; or

14-12  (b) As a condition of probation granted for another offense.

14-13  2.  The [work] community service must be performed for and under the

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

14-15  or agency of the State of Nevada or a charitable organization that renders

14-16  service to the community or its residents.

14-17  3.  The court may require the convicted person to deposit with the court

14-18  a reasonable sum of money to pay for the cost of policies of insurance

14-19  against liability for personal injury and damage to property or for industrial

14-20  insurance, or both, during those periods in which he performs the [work,]

14-21  community service, unless, in the case of industrial insurance, it is

14-22  provided by the authority for which he performs the [work.] community

14-23  service.

14-24  4.  The following conditions apply to any such [work] community

14-25  service imposed by the court:

14-26  (a) The court must fix the period of [work] community service that is

14-27  imposed as punishment or a condition of probation and distribute the

14-28  period over weekends or over other appropriate times that will allow the

14-29  convicted person to continue at his employment and to care for his family.

14-30  The period of [work] community service fixed by the court must not

14-31  exceed, for a:

14-32     (1) Misdemeanor, 200 hours;

14-33     (2) Gross misdemeanor, 600 hours; or

14-34     (3) Felony, 1,000 hours.

14-35  (b) A supervising authority listed in subsection 2 must agree to accept

14-36  the convicted person for [work] community service before the court may

14-37  require him to perform [work] community service for that supervising

14-38  authority. The supervising authority must be located in or be the town or

14-39  city of the convicted person’s residence or, if that placement is not

14-40  possible, one located within the jurisdiction of the court or, if that

14-41  placement is not possible, the authority may be located outside the

14-42  jurisdiction of the court.

14-43  (c) [Work] Community service that a court requires pursuant to this

14-44  section must be supervised by an official of the supervising authority or by

14-45  a person designated by the authority.

14-46  (d) The court may require the supervising authority to report

14-47  periodically to the court or to a probation officer the convicted person’s

14-48  performance in carrying out the punishment or condition of probation.

 

15-1    Sec. 14.  NRS 176A.310 is hereby amended to read as follows:

15-2     176A.310  1.  The court shall set the conditions of a program of

15-3  probation secured by a surety bond. The conditions must be appended to

15-4  and made part of the bond. The conditions may include, but are not limited

15-5  to, any one or more of the following:

15-6    (a) Submission to periodic tests to determine whether the probationer is

15-7  using any controlled substance or alcohol.

15-8    (b) Participation in a program for the treatment of the abuse of a

15-9  controlled substance or alcohol or a program for the treatment of any other

15-10  impairment.

15-11  (c) Participation in a program of professional counseling, including, but

15-12  not limited to, counseling for the family of the probationer.

15-13  (d) Restrictions or a prohibition on contact or communication with

15-14  witnesses or victims of the crime committed by the probationer.

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

15-16  (f) Submission to a program of intensive supervision.

15-17  (g) Restrictions on travel by the probationer outside the jurisdiction of

15-18  the court.

15-19  (h) Payment of restitution.

15-20  (i) Payment of fines and court costs.

15-21  (j) Supervised [work for the benefit of the community.] community

15-22  service.

15-23  (k) Participation in educational courses.

15-24  2.  A surety shall:

15-25  (a) Provide the facilities or equipment necessary to:

15-26     (1) Perform tests to determine whether the probationer is using any

15-27  controlled substance or alcohol, if the court requires such tests as a

15-28  condition of probation;

15-29     (2) Carry out a program of intensive supervision, if the court requires

15-30  such a program as a condition of probation; and

15-31     (3) Enable the probationer to report regularly to the surety.

15-32  (b) Notify the court within 24 hours after the surety has knowledge of a

15-33  violation of or a failure to fulfill a condition of the program of probation.

15-34  3.  A probationer participating in a program of probation secured by a

15-35  surety bond shall:

15-36  (a) Report regularly to the surety; and

15-37  (b) Pay the fee charged by the surety for the execution of the bond.

15-38  Sec. 15.  NRS 176A.540 is hereby amended to read as follows:

15-39     176A.540  1.  The chief parole and probation officer may order the

15-40  residential confinement of a probationer if he believes that the probationer

15-41  poses no danger to the community and will appear at a scheduled inquiry

15-42  or court hearing.

15-43  2.  In ordering the residential confinement of a probationer, the chief

15-44  parole and probation officer shall:

15-45  (a) Require the probationer to be confined to his residence during the

15-46  time he is away from his employment, [public] community service or other

15-47  activity authorized by the division; and

15-48  (b) Require intensive supervision of the probationer, including, without

15-49  limitation, unannounced visits to his residence or other locations where he

16-1  is expected to be to determine whether he is complying with the terms of

16-2  his confinement.

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

16-4  supervise a probationer who is ordered to be placed in residential

16-5  confinement. The device must be minimally intrusive and limited in

16-6  capability to recording or transmitting information concerning the

16-7  probationer’s presence at his residence, including the transmission of still

16-8  visual images which do not concern the probationer’s activities while

16-9  inside his residence. A device which is capable of recording or

16-10  transmitting:

16-11  (a) Oral or wire communications or any auditory sound; or

16-12  (b) Information concerning the probationer’s activities while inside his

16-13  residence,

16-14  must not be used.

16-15  4.  The chief parole and probation officer shall not order a probationer

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

16-17  order.

16-18  5.  Any residential confinement must not extend beyond the unexpired

16-19  maximum term of the original sentence.

16-20  Sec. 16.  NRS 176A.660 is hereby amended to read as follows:

16-21     176A.660  1.  If a person who has been placed on probation violates a

16-22  condition of his probation, the court may order him to a term of residential

16-23  confinement in lieu of causing the sentence imposed to be executed. In

16-24  making this determination, the court shall consider the criminal record of

16-25  the person and the seriousness of the crime committed.

16-26  2.  In ordering the person to a term of residential confinement, the court

16-27  shall:

16-28  (a) Direct that he be placed under the supervision of the division;

16-29  (b) Require the person to be confined to his residence during the time he

16-30  is away from his employment, [public] community service or other activity

16-31  authorized by the division; and

16-32  (c) Require intensive supervision of the person, including, without

16-33  limitation, unannounced visits to his residence or other locations where he

16-34  is expected to be in order to determine whether he is complying with the

16-35  terms of his confinement.

16-36  3.  An electronic device approved by the division may be used to

16-37  supervise a person ordered to a term of residential confinement. The device

16-38  must be minimally intrusive and limited in capability to recording or

16-39  transmitting information concerning the person’s presence at his residence,

16-40  including, but not limited to, the transmission of still visual images which

16-41  do not concern the person’s activities while inside his residence. A device

16-42  which is capable of recording or transmitting:

16-43  (a) Oral or wire communications or any auditory sound; or

16-44  (b) Information concerning the person’s activities while inside his

16-45  residence,

16-46  must not be used.

16-47  4.  The court shall not order a person to a term of residential

16-48  confinement unless he agrees to the order.

17-1    5.  A term of residential confinement may not be longer than the

17-2  maximum term of a sentence imposed by the court.

17-3    Sec. 17.  NRS 178.3975 is hereby amended to read as follows:

17-4    178.3975  1.  The court may order a defendant to pay all or any part of

17-5  the expenses incurred by the county, city or state in providing the

17-6  defendant with an attorney which are not recovered pursuant to NRS

17-7  178.398. The order may be made at the time of or after the appointment of

17-8  an attorney and may direct the defendant to pay the expenses in

17-9  installments.

17-10  2.  The court shall not order a defendant to make such a payment unless

17-11  the defendant is or will be able to do so. In determining the amount and

17-12  method of payment, the court shall take account of the financial resources

17-13  of the defendant and the nature of the burden that payment will impose.

17-14  3.  A defendant who has been ordered to pay expenses of his defense

17-15  and who is not willfully or without good cause in default in the payment

17-16  thereof may at any time petition the court which ordered the payment for

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

17-18  the satisfaction of the court that payment of the amount due will impose

17-19  manifest hardship on the defendant or his immediate family, the court may

17-20  remit all or part of the amount due or modify the method of payment.

17-21  4.  The money recovered must in each case be paid over to the city,

17-22  county or public defender’s office which bore the expense and was not

17-23  reimbursed by another governmental agency.

17-24  5.  Upon the request of a defendant, if the court finds that the defendant

17-25  is suitable to perform supervised [work for the benefit of the community,]

17-26  community service, the court may allow the defendant to pay all or part of

17-27  any expenses incurred by the county, city or state in providing him with an

17-28  attorney by performing supervised [work for the benefit of the] community

17-29  service for a reasonable number of hours, the value of which would be

17-30  commensurate with such expenses incurred. The [work] community

17-31  service must be performed for and under the supervising authority of a

17-32  county, city, town or other political subdivision or agency of the State of

17-33  Nevada or a charitable organization that renders service to the community

17-34  or its residents. The court may require a defendant who requests to perform

17-35  community service to deposit with the court a reasonable sum of money to

17-36  pay for the cost of policies of insurance against liability for personal injury

17-37  and damage to property or for industrial insurance, or both, during those

17-38  periods in which he performs the [work,] community service, unless, in the

17-39  case of industrial insurance, it is provided by the authority for which he

17-40  performs the [work.] community service.

17-41  Sec. 18.  NRS 193.150 is hereby amended to read as follows:

17-42  193.150  1.  Every person convicted of a misdemeanor shall be

17-43  punished by imprisonment in the county jail for not more than 6 months, or

17-44  by a fine of not more than $1,000, or by both fine and imprisonment,

17-45  unless the statute in force at the time of commission of such misdemeanor

17-46  prescribed a different penalty.

17-47  2.  In lieu of all or a part of the punishment which may be imposed

17-48  pursuant to subsection 1, the convicted person may be sentenced to

18-1  perform a fixed period of [work for the benefit of the] community service

18-2  pursuant to the conditions prescribed in NRS 176.087.

18-3    Sec. 19.  NRS 193.210 is hereby amended to read as follows:

18-4    193.210  A person is of sound mind [who is not an idiot and] who has

18-5  arrived at the age of 14 years, or before that age if he knew the distinction

18-6  between good and evil.

18-7    Sec. 20.  NRS 194.010 is hereby amended to read as follows:

18-8    194.010  All persons are liable to punishment except those belonging to

18-9  the following classes:

18-10  1.  Children under the age of 8 years.

18-11  2.  Children between the ages of 8 years and 14 years, in the absence of

18-12  clear proof that at the time of committing the act charged against them they

18-13  knew its wrongfulness.

18-14  3.  [Idiots.

18-15  4.] Persons who committed the act or made the omission charged

18-16  under an ignorance or mistake of fact, which disproves any criminal intent,

18-17  where a specific intent is required to constitute the offense.

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

18-19  conscious thereof.

18-20  [6.] 5.  Persons who committed the act or made the omission charged,

18-21  through misfortune or by accident, when it appears that there was no evil

18-22  design, intention or culpable negligence.

18-23  [7.] 6.  Persons, unless the crime is punishable with death, who

18-24  committed the act or made the omission charged under threats or menaces

18-25  sufficient to show that they had reasonable cause to believe, and did

18-26  believe, their lives would be endangered if they refused, or that they would

18-27  suffer great bodily harm.

18-28  Sec. 21.  NRS 209.392 is hereby amended to read as follows:

18-29  209.392  1.  Except as otherwise provided in NRS 209.3925 and

18-30  209.429, the director may, at the request of an offender who is eligible for

18-31  residential confinement pursuant to the standards adopted by the director

18-32  pursuant to subsection 3 and who has:

18-33  (a) Established a position of employment in the community;

18-34  (b) Enrolled in a program for education or rehabilitation; or

18-35  (c) Demonstrated an ability to pay for all or part of the costs of his

18-36  confinement and to meet any existing obligation for restitution to any

18-37  victim of his crime,

18-38  assign the offender to the custody of the division of parole and probation of

18-39  the department of motor vehicles and public safety to serve a term of

18-40  residential confinement, pursuant to NRS 213.380, for not longer than the

18-41  remainder of his sentence.

18-42  2.  Upon receiving a request to serve a term of residential confinement

18-43  from an eligible offender, the director shall notify the division of parole

18-44  and probation. If any victim of a crime committed by the offender has,

18-45  pursuant to subsection 4 of NRS 213.130, requested to be notified of the

18-46  consideration of a prisoner for parole and has provided a current address,

18-47  the division of parole and probation shall notify the victim of the offender’s

18-48  request and advise the victim that he may submit documents regarding the

18-49  request to the division of parole and probation. If a current address has not

19-1  been provided as required by subsection 4 of NRS 213.130, the division of

19-2  parole and probation must not be held responsible if such notification is not

19-3  received by the victim. All personal information, including, but not limited

19-4  to, a current or former address, which pertains to a victim and which is

19-5  received by the division of parole and probation pursuant to this subsection

19-6  is confidential.

19-7    3.  The director, after consulting with the division of parole and

19-8  probation, shall adopt, by regulation, standards providing which offenders

19-9  are eligible for residential confinement. The standards adopted by the

19-10  director must provide that an offender who:

19-11  (a) Is not eligible for parole or release from prison within a reasonable

19-12  period;

19-13  (b) Has recently committed a serious infraction of the rules of an

19-14  institution or facility of the department;

19-15  (c) Has not performed the duties assigned to him in a faithful and

19-16  orderly manner;

19-17  (d) Has ever been convicted of:

19-18     (1) Any crime involving the use or threatened use of force or violence

19-19  against the victim; or

19-20     (2) A sexual offense;

19-21  (e) Has more than one prior conviction for any felony in this state or

19-22  any offense in another state that would be a felony if committed in this

19-23  state, not including a violation of NRS [484.3792] 484.379 or 484.3795;

19-24  (f) Has escaped or attempted to escape from any jail or correctional

19-25  institution for adults; or

19-26  (g) Has not made an effort in good faith to participate in or to complete

19-27  any educational or vocational program or any program of treatment, as

19-28  ordered by the director,

19-29  is not eligible for assignment to the custody of the division of parole and

19-30  probation to serve a term of residential confinement pursuant to this

19-31  section.

19-32  4.  If an offender assigned to the custody of the division of parole and

19-33  probation pursuant to this section escapes or violates any of the terms or

19-34  conditions of his residential confinement:

19-35  (a) The division of parole and probation may, pursuant to the procedure

19-36  set forth in NRS 213.410, return the offender to the custody of the

19-37  department.

19-38  (b) The offender forfeits all or part of the credits for good behavior

19-39  earned by him before the escape or violation, as determined by the director.

19-40  The director may provide for a forfeiture of credits pursuant to this

19-41  paragraph only after proof of the offense and notice to the offender, and

19-42  may restore credits forfeited for such reasons as he considers proper. The

19-43  decision of the director regarding such a forfeiture is final.

19-44  5.  The assignment of an offender to the custody of the division of

19-45  parole and probation pursuant to this section shall be deemed:

19-46  (a) A continuation of his imprisonment and not a release on parole; and

19-47  (b) For the purposes of NRS 209.341, an assignment to a facility of the

19-48  department,

20-1  except that the offender is not entitled to obtain any benefits or to

20-2  participate in any programs provided to offenders in the custody of the

20-3  department.

20-4    6.  An offender does not have a right to be assigned to the custody of

20-5  the division of parole and probation pursuant to this section, or to remain in

20-6  that custody after such an assignment, and it is not intended that the

20-7  provisions of this section or of NRS 213.371 to 213.410, inclusive, create

20-8  any right or interest in liberty or property or establish a basis for any cause

20-9  of action against the state, its political subdivisions, agencies, boards,

20-10  commissions, departments, officers or employees.

20-11  Sec. 22.  NRS 211.244 is hereby amended to read as follows:

20-12  211.244  1.  At any time after the conviction of a prisoner, and after

20-13  the financial status of the prisoner has been determined or the prisoner has

20-14  refused or failed to complete and sign the form required by NRS 211.242,

20-15  the sheriff of the county, the administrator of the department of detention

20-16  of an incorporated city, the person appointed to administer a city jail or the

20-17  administrator of an alternative program may issue a written demand to the

20-18  prisoner for reimbursement, pursuant to NRS 211.2415, of the expenses

20-19  incurred by the county or city for the prisoner’s maintenance and support

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

20-21  2.  Except as otherwise provided in subsection 3, the prisoner shall pay

20-22  the total amount due when the written demand is issued. The prisoner may

20-23  arrange to make payments on a monthly basis. If such arrangements are

20-24  made, the prisoner must be provided with a monthly billing statement

20-25  which specifies the date on which his next payment is due.

20-26  3.  A court may order a prisoner to perform supervised [work for the

20-27  benefit of the] community service to satisfy the written demand for

20-28  reimbursement. Each hour of [work] community service performed by the

20-29  prisoner reduces the amount he owes by $8. If the prisoner does not satisfy

20-30  the written demand for reimbursement within the time set by the court, the

20-31  district attorney for a county or the city attorney for an incorporated city

20-32  may file a civil action pursuant to NRS 211.245.

20-33  Sec. 23.  NRS 213.15193 is hereby amended to read as follows:

20-34     213.15193  1.  Except as otherwise provided in subsection 6, the chief

20-35  may order the residential confinement of a parolee if he believes that the

20-36  parolee does not pose a danger to the community and will appear at a

20-37  scheduled inquiry or hearing.

20-38  2.  In ordering the residential confinement of a parolee, the chief shall:

20-39  (a) Require the parolee to be confined to his residence during the time

20-40  he is away from his employment, [public] community service or other

20-41  activity authorized by the division; and

20-42  (b) Require intensive supervision of the parolee, including, without

20-43  limitation, unannounced visits to his residence or other locations where he

20-44  is expected to be to determine whether he is complying with the terms of

20-45  his confinement.

20-46  3.  An electronic device approved by the division may be used to

20-47  supervise a parolee who is ordered to be placed in residential confinement.

20-48  The device must be minimally intrusive and limited in capability to

20-49  recording or transmitting information concerning the presence of the

21-1  parolee at his residence, including, without limitation, the transmission of

21-2  still visual images which do not concern the activities of the parolee while

21-3  inside his residence. A device which is capable of recording or

21-4  transmitting:

21-5    (a) Oral or wire communications or any auditory sound; or

21-6    (b) Information concerning the activities of the parolee while inside his

21-7  residence,

21-8  must not be used.

21-9    4.  The chief shall not order a parolee to be placed in residential

21-10  confinement unless the parolee agrees to the order.

21-11  5.  Any residential confinement must not extend beyond the unexpired

21-12  maximum term of the original sentence of the parolee.

21-13  6.  The chief shall not order a parolee who is serving a sentence for

21-14  committing a battery which constitutes domestic violence pursuant to NRS

21-15  33.018 to be placed in residential confinement unless the chief makes a

21-16  finding that the parolee is not likely to pose a threat to the victim of the

21-17  battery.

21-18  Sec. 24.  NRS 213.152 is hereby amended to read as follows:

21-19  213.152  1.  Except as otherwise provided in subsection 6, if a parolee

21-20  violates a condition of his parole, the board may order him to a term of

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

21-22  to confinement. In making this determination, the board shall consider the

21-23  criminal record of the parolee and the seriousness of the crime committed.

21-24  2.  In ordering the parolee to a term of residential confinement, the

21-25  board shall:

21-26  (a) Require the parolee to be confined to his residence during the time

21-27  he is away from his employment, [public] community service or other

21-28  activity authorized by the division; and

21-29  (b) Require intensive supervision of the parolee, including, without

21-30  limitation, unannounced visits to his residence or other locations where he

21-31  is expected to be in order to determine whether he is complying with the

21-32  terms of his confinement.

21-33  3.  An electronic device approved by the division may be used to

21-34  supervise a parolee ordered to a term of residential confinement. The

21-35  device must be minimally intrusive and limited in capability to recording

21-36  or transmitting information concerning the presence of the parolee at his

21-37  residence, including, but not limited to, the transmission of still visual

21-38  images which do not concern the activities of the person while inside his

21-39  residence. A device which is capable of recording or transmitting:

21-40  (a) Oral or wire communications or any auditory sound; or

21-41  (b) Information concerning the activities of the parolee while inside his

21-42  residence,

21-43  must not be used.

21-44  4.  The board shall not order a parolee to a term of residential

21-45  confinement unless he agrees to the order.

21-46  5.  A term of residential confinement may not be longer than the

21-47  unexpired maximum term of the original sentence of the parolee.

21-48  6.  The board shall not order a parolee who is serving a sentence for

21-49  committing a battery which constitutes domestic violence pursuant to NRS

22-1  33.018 to a term of residential confinement unless the board makes a

22-2  finding that the parolee is not likely to pose a threat to the victim of the

22-3  battery.

22-4    Sec. 25.  NRS 371.230 is hereby amended to read as follows:

22-5    371.230  Except as otherwise provided in NRS 371.1035

22-6  [or 482.180,] , 482.180 or 482.181, money collected by the department for

22-7  privilege taxes and penalties pursuant to the provisions of this chapter must

22-8  be deposited with the state treasurer to the credit of the motor vehicle fund.

22-9    Sec. 26.  NRS 387.328 is hereby amended to read as follows:

22-10  387.328  1.  The board of trustees of each school district shall

22-11  establish a fund for capital projects for the purposes set forth in

22-12  subsection 1 of NRS 387.335. The money in the fund for capital projects

22-13  may be transferred to the debt service fund to pay the cost of the school

22-14  district’s debt service.

22-15  2.  The board of trustees may accumulate money in the fund for capital

22-16  projects for a period not to exceed 20 years.

22-17  3.  That portion of the vehicle privilege tax whose allocation to the

22-18  school district pursuant to NRS [482.180] 482.181 is based on the amount

22-19  of the property tax levy attributable to its debt service must be deposited in

22-20  the county treasury to the credit of the fund established under subsection 1

22-21  or the school district’s debt service fund.

22-22  4.  No money in the fund for capital projects at the end of the fiscal

22-23  year may revert to the county school district fund, nor may the money be a

22-24  surplus for any other purpose than those specified in subsection 1.

22-25  5.  The proceeds of the taxes deposited in the fund for capital projects

22-26  pursuant to NRS 244.3354, 268.0962 and 375.070 may be pledged to the

22-27  payment of the principal and interest on bonds or other obligations issued

22-28  for one or more of the purposes set forth in NRS 387.335. The proceeds of

22-29  such taxes so pledged may be treated as pledged revenues for the purposes

22-30  of subsection 3 of NRS 350.020, and the board of trustees of a school

22-31  district may issue bonds for those purposes in accordance with the

22-32  provisions of chapter 350 of NRS.

22-33  Sec. 27.  NRS 408.235 is hereby amended to read as follows:

22-34  408.235  1.  There is hereby created the state highway fund.

22-35  2.  Except as otherwise provided in subsection [7] 6 of NRS 482.180

22-36  and NRS 482.1805, the proceeds from the imposition of any:

22-37  (a) License or registration fee and other charges with respect to the

22-38  operation of any motor vehicle upon any public highway, city, town or

22-39  county road, street, alley or highway in this state; and

22-40  (b) Excise tax on gasoline or other motor vehicle fuel,

22-41  must be deposited in the state highway fund and must, except for costs of

22-42  administering the collection thereof, be used exclusively for administration,

22-43  construction, reconstruction, improvement and maintenance of highways as

22-44  provided for in this chapter.

22-45  3.  The interest and income earned on the money in the state highway

22-46  fund, after deducting any applicable charges, must be credited to the fund.

22-47  4.  Costs of administration for the collection of the proceeds for any

22-48  license or registration fees and other charges with respect to the operation

23-1  of any motor vehicle must be limited to a sum not to exceed 22 percent of

23-2  the total proceeds so collected.

23-3    5.  Costs of administration for the collection of any excise tax on

23-4  gasoline or other motor vehicle fuel must be limited to a sum not to exceed

23-5  1 percent of the total proceeds so collected.

23-6    6.  All bills and charges against the state highway fund for

23-7  administration, construction, reconstruction, improvement and maintenance

23-8  of highways under the provisions of this chapter must be certified by the

23-9  director and must be presented to and examined by the state board of

23-10  examiners. When allowed by the state board of examiners and upon being

23-11  audited by the state controller, the state controller shall draw his warrant

23-12  therefor upon the state treasurer.

23-13  Sec. 28.  NRS 444.630 is hereby amended to read as follows:

23-14  444.630  1.  As used in this section, “garbage” includes swill, refuse,

23-15  cans, bottles, paper, vegetable matter, carcass of any dead animal, offal

23-16  from any slaughter pen or butcher shop, trash or rubbish.

23-17  2.  Every person who willfully places, deposits or dumps, or who

23-18  causes to be placed, deposited or dumped, or who causes or allows to

23-19  overflow, any sewage, sludge, cesspool or septic tank effluent, or

23-20  accumulation of human excreta, or any garbage, in or upon any street,

23-21  alley, public highway or road in common use, or upon any public park or

23-22  other public property other than property designated or set aside for such a

23-23  purpose by the governing body having charge thereof, or upon any private

23-24  property into or upon which the public is admitted by easement, license or

23-25  otherwise, is guilty of a misdemeanor and, if the convicted person agrees,

23-26  he shall be sentenced to perform 10 hours of [work for the benefit of the]

23-27  community service under the conditions prescribed in NRS 176.087.

23-28  3.  Except as otherwise provided in NRS 444.585, ownership of

23-29  garbage does not transfer from the person who originally possessed it until

23-30  it is received for transport by a person authorized to dispose of solid waste

23-31  pursuant to this chapter or until it is disposed of at a municipal disposal

23-32  site. Identification of the owner of any garbage which is disposed of in

23-33  violation of subsection 2 creates a reasonable inference that the owner is

23-34  the person who disposed of the garbage. The fact that the disposal of the

23-35  garbage was not witnessed does not, in and of itself, preclude the

23-36  identification of its owner.

23-37  4.  All:

23-38  (a) Health officers and their deputies;

23-39  (b) Game wardens;

23-40  (c) Police officers of cities and towns;

23-41  (d) Sheriffs and their deputies;

23-42  (e) Other peace officers of the State of Nevada; and

23-43  (f) Other persons who are specifically designated by the local

23-44  government to do so,

23-45  shall, within their respective jurisdictions, enforce the provisions of this

23-46  section.

23-47  5.  A district health officer or his deputy or other person specifically

23-48  designated by the local government to do so may issue a citation for any

23-49  violation of this section which occurs within his jurisdiction.

24-1    6.  To effectuate the purposes of this section, the persons charged with

24-2  enforcing this section may request information from any:

24-3    (a) Agency of the state or its political subdivisions.

24-4    (b) Employer, public or private.

24-5    (c) Employee organization or trust of any kind.

24-6    (d) Financial institution or other entity which is in the business of

24-7  providing credit reports.

24-8    (e) Public utility.

24-9  Each of these persons and entities, their officers and employees, shall

24-10  cooperate by providing any information in their possession which may aid

24-11  in the location and identification of a person believed to be in violation of

24-12  subsection 2. A disclosure made in good faith pursuant to this subsection

24-13  does not give rise to any action for damages for the disclosure.

24-14  Sec. 29.  NRS 458.320 is hereby amended to read as follows:

24-15  458.320  1.  If the court, after a hearing, determines that a person is

24-16  entitled to accept the treatment offered pursuant to NRS 458.310, the court

24-17  shall order an approved facility for the treatment of abuse of alcohol or

24-18  drugs to conduct an examination of the person to determine whether he is

24-19  an alcoholic or drug addict and is likely to be rehabilitated through

24-20  treatment. The facility shall report to the court the results of the

24-21  examination and recommend whether the person should be placed under

24-22  supervision for treatment.

24-23  2.  If the court, acting on the report or other relevant information,

24-24  determines that the person is not an alcoholic or drug addict, is not likely to

24-25  be rehabilitated through treatment or is otherwise not a good candidate for

24-26  treatment, he may be sentenced and the sentence executed.

24-27  3.  If the court determines that the person is an alcoholic or drug addict,

24-28  is likely to be rehabilitated through treatment and is a good candidate for

24-29  treatment, the court may:

24-30  (a) Impose any conditions to the election of treatment that could be

24-31  imposed as conditions of probation;

24-32  (b) Defer sentencing until such time, if any, as sentencing is authorized

24-33  pursuant to NRS 458.330; and

24-34  (c) Place the person under the supervision of an approved facility for

24-35  treatment for not less than 1 year nor more than 3 years.

24-36  The court may require such progress reports on the treatment of the person

24-37  as it deems necessary.

24-38  4.  A person who is placed under the supervision of an approved

24-39  facility for treatment shall pay the cost of the program of treatment to

24-40  which he is assigned and the cost of any additional supervision that may be

24-41  required, to the extent of his financial resources. The court may issue a

24-42  judgment in favor of the court or facility for treatment for the costs of the

24-43  treatment and supervision which remain unpaid at the conclusion of the

24-44  treatment. Such a judgment constitutes a lien in like manner as a judgment

24-45  for money rendered in a civil action, but in no event may the amount of the

24-46  judgment include any amount of the debt which was extinguished by the

24-47  successful completion of community service pursuant to subsection 5.

25-1    5.  If the person who is placed under the supervision of an approved

25-2  facility for treatment does not have the financial resources to pay all of the

25-3  related costs:

25-4    (a) The court shall, to the extent practicable, arrange for the person to be

25-5  assigned to a program at a facility that receives a sufficient amount of

25-6  federal or state funding to offset the remainder of the costs; and

25-7    (b) The court may order the person to perform supervised [work for the

25-8  benefit of the] community service in lieu of paying the remainder of the

25-9  costs relating to his treatment and supervision. The [work] community

25-10  service must be performed for and under the supervising authority of a

25-11  county, city, town or other political subdivision or agency of the State of

25-12  Nevada or a charitable organization that renders service to the community

25-13  or its residents. The court may require the person to deposit with the court

25-14  a reasonable sum of money to pay for the cost of policies of insurance

25-15  against liability for personal injury and damage to property or for industrial

25-16  insurance, or both, during those periods in which the person performs the

25-17  [work,] community service, unless, in the case of industrial insurance, it is

25-18  provided by the authority for which he performs the [work.] community

25-19  service.

25-20  6.  No person may be placed under the supervision of a facility under

25-21  this section unless the facility accepts him for treatment.

25-22  Sec. 30.  NRS 459.735 is hereby amended to read as follows:

25-23  459.735  1.  The contingency account for hazardous materials is

25-24  hereby created in the state general fund.

25-25  2.  The commission shall administer the contingency account for

25-26  hazardous materials, and the money in the account may be expended only

25-27  for:

25-28  (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

25-29  (b) Carrying out the provisions of [Public Law 99-499 and Title I of

25-30  Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et

25-31  seq.;

25-32  (c) Maintaining and supporting the operations of the commission and

25-33  local emergency planning committees;

25-34  (d) Training and equipping state and local personnel to respond to

25-35  accidents and incidents involving hazardous materials; and

25-36  (e) The operation of training programs and a training center for

25-37  handling emergencies relating to hazardous materials and related fires

25-38  pursuant to NRS 477.045.

25-39  3.  All money received by this state [as a result of Public Law 99-499

25-40  or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or

25-41  49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the

25-42  credit of the contingency account for hazardous materials. In addition, all

25-43  money received by the commission from any source must be deposited

25-44  with the state treasurer to the credit of the contingency account for

25-45  hazardous materials. The state controller shall transfer from the

25-46  contingency account to the operating account of the state fire marshal such

25-47  money collected pursuant to chapter 477 of NRS as is authorized for

25-48  expenditure in the budget of the state fire marshal for use pursuant to

25-49  paragraph (e) of subsection 2.

26-1    4.  Upon the presentation of budgets in the manner required by law,

26-2  money to support the operation of the commission pursuant to this chapter,

26-3  other than its provision of grants, must be provided by direct legislative

26-4  appropriation from the state highway fund or other legislative

26-5  authorization to the contingency account for hazardous materials.

26-6    5.  The interest and income earned on the money in the contingency

26-7  account for hazardous materials, after deducting any applicable charges,

26-8  must be credited to the account.

26-9    6.  All claims against the contingency account for hazardous materials

26-10  must be paid as other claims against the state are paid.

26-11  Sec. 31.  NRS 481.083 is hereby amended to read as follows:

26-12  481.083  1.  Except for the operation of the investigation division, the

26-13  division of emergency management, the state fire marshal division, the

26-14  division of parole and probation, and the capitol police division of the

26-15  department, money for the administration of the provisions of this chapter

26-16  must be provided by direct legislative appropriation from the state highway

26-17  fund or other legislative authorization upon the presentation of budgets in

26-18  the manner required by law.

26-19  2.  All money provided for the support of the department and its

26-20  various divisions must be paid out on claims approved by the director in

26-21  the same manner as other claims against the state are paid.

26-22  Sec. 32.  NRS 482.180 is hereby amended to read as follows:

26-23  482.180  1.  The motor vehicle fund is hereby created as an agency

26-24  fund. Except as otherwise provided in subsection 4 or by a specific statute,

26-25  all money received or collected by the department must be deposited in the

26-26  state treasury for credit to the motor vehicle fund.

26-27  2.  The interest and income on the money in the motor vehicle fund,

26-28  after deducting any applicable charges, must be credited to the state

26-29  highway fund.

26-30  3.  Any check accepted by the department in payment of vehicle

26-31  privilege tax or any other fee required to be collected pursuant to this

26-32  chapter must, if it is dishonored upon presentation for payment, be charged

26-33  back against the motor vehicle fund or the county to which the payment

26-34  was credited [,] pursuant to this section or NRS 482.181, in the proper

26-35  proportion.

26-36  4.  [All] Except as otherwise provided in subsection 6, all money

26-37  received or collected by the department for the basic vehicle privilege tax

26-38  must be [deposited in the local government tax distribution account,

26-39  created by NRS 360.660, for credit to the appropriate county pursuant to

26-40  subsection 6.] distributed in the manner set forth in NRS 482.181.

26-41  5.  Money for the administration of the provisions of this chapter must

26-42  be provided by direct legislative appropriation from the state highway fund

26-43  [,] or other legislative authorization, upon the presentation of budgets in

26-44  the manner required by law. Out of the appropriation [,] or authorization,

26-45  the department shall pay every item of expense.

26-46  6.  [The privilege tax collected on vehicles subject to the provisions of

26-47  chapter 706 of NRS and engaged in interstate or intercounty operation

26-48  must be distributed among the counties in the following percentages:

 

27-1  Carson City1.07 percent. Lincoln...... 3.12 percent

27-2  Churchill...... 5.21 percent..... Lyon...... 2.90 percent

27-3  Clark.... 22.54 percent.. Mineral...... 2.40 percent

27-4  Douglas...... 2.52 percent....... Nye...... 4.09 percent

27-5  Elko.... 13.31 percentPershing...... 7.00 percent

27-6  Esmeralda..... 2.52 percent... Storey......   .19 percent

27-7  Eureka...... 3.10 percentWashoe.... 12.24 percent

27-8  Humboldt... 8.25 percent.... White Pine5.66 percent

27-9  Lander...... 3.88 percent

 

27-10  The distributions must be allocated among local governments within the

27-11  respective counties pursuant to the provisions of NRS 482.181.

27-12  7.] The department shall withhold 6 percent from the amount of

27-13  privilege tax collected by the department as a commission. From the

27-14  amount of privilege tax collected by a county assessor, the state controller

27-15  shall credit 1 percent to the department as a commission and remit 5

27-16  percent to the county for credit to its general fund as commission for the

27-17  services of the county assessor.

27-18  [8.] All money withheld by or credited to the department pursuant to

27-19  this subsection must be used only for the administration of this chapter

27-20  as authorized by the legislature pursuant to subsection 5.

27-21  7. When the requirements of this section and NRS 482.181 have been

27-22  met, and when directed by the department, the state controller shall transfer

27-23  monthly to the state highway fund any balance in the motor vehicle fund.

27-24  [9.] 8. If a statute requires that any money in the motor vehicle fund

27-25  be transferred to another fund or account, the department shall direct the

27-26  controller to transfer the money in accordance with the statute.

27-27  Sec. 33.  NRS 482.181 is hereby amended to read as follows:

27-28  482.181  1.  Except as otherwise provided in subsection [4,] 5, after

27-29  deducting the amount withheld by the department and the amount

27-30  credited to the department pursuant to subsection 6 of NRS 482.180, the

27-31  department shall certify monthly to the state board of examiners the

27-32  amount of the basic and supplemental privilege taxes collected for each

27-33  county by the department and its agents during the preceding month, and

27-34  that money must be distributed monthly as provided in this section.

27-35  2.  Any supplemental privilege tax collected for a county must be

27-36  distributed only to the county, to be used as provided in NRS 371.045 and

27-37  371.047.

27-38  3.  [The distribution of the basic privilege tax within a county must be

27-39  made to local governments, special districts and enterprise districts

27-40  pursuant to the provisions of NRS 360.680 and 360.690.] The distribution

27-41  of the basic privilege tax received or collected for each county must be

27-42  made to the county school district within [the] each county before [the

27-43  distribution of the basic privilege tax pursuant to the provisions of NRS

27-44  360.680 and 360.690 and in the same ratio as all property taxes were levied

27-45  in the county in the previous fiscal year, but the State of Nevada is not

27-46  entitled to share in that distribution.] any distribution is made to a local

27-47  government, special district or enterprise district. For the purpose of

28-1  calculating the amount of basic privilege tax to be distributed to the county

28-2  school district, the taxes levied by each local government, special district

28-3  and enterprise district are the product of its certified valuation, determined

28-4  pursuant to subsection 2 of NRS 361.405, and its tax rate, established

28-5  pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980,

28-6  except that the tax rate for school districts, including the rate attributable to

28-7  a district’s debt service, is the rate established pursuant to NRS 361.455 for

28-8  the fiscal year beginning on July 1, 1978, but if the rate attributable to a

28-9  district’s debt service in any fiscal year is greater than its rate for the fiscal

28-10  year beginning on July 1, 1978, the higher rate must be used to determine

28-11  the amount attributable to debt service.

28-12  4.  After making the distributions set forth in subsection 3, the

28-13  remaining money received or collected for each county must be deposited

28-14  in the local government tax distribution account created by NRS 360.660

28-15  for distribution to local governments, special districts and enterprise

28-16  districts within each county pursuant to the provisions of NRS 360.680

28-17  and 360.690.

28-18  5.  An amount equal to any basic privilege tax distributed to a

28-19  redevelopment agency in the fiscal year 1987-1988 must continue to be

28-20  distributed to that agency as long as it exists but must not be increased.

28-21  [5.] 6.  The department shall make distributions of basic privilege tax

28-22  directly to county school districts.

28-23  [6.] 7.  As used in this section:

28-24  (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

28-25  (b) “Local government” has the meaning ascribed to it in NRS 360.640.

28-26  (c) “Received or collected for each county” means:

28-27     (1) For the basic privilege tax collected on vehicles subject to the

28-28  provisions of chapter 706 of NRS, the amount determined for each

28-29  county based on the following percentages:

 

28-30  Carson City1.07 percentLincoln...... 3.12 percent

28-31  Churchill... 5.21 percent..... Lyon...... 2.90 percent

28-32  Clark.... 22.54 percentMineral...... 2.40 percent

28-33  Douglas...... 2.52 percent....... Nye...... 4.09 percent

28-34  Elko.... 13.31 percentPershing.... 7.00 percent

28-35  Esmeralda.. 2.52 percent... Storey......   .19 percent

28-36  Eureka...... 3.10 percentWashoe.... 12.24 percent

28-37  Humboldt... 8.25 percent... White Pine...... 5.66 percent

28-38  Lander...... 3.88 percent

 

28-39     (2) For all other basic and supplemental privilege tax received or

28-40  collected by the department, the amount attributable to each county

28-41  based on the county of registration of the vehicle for which the tax was

28-42  paid.

28-43  (d) “Special district” has the meaning ascribed to it in NRS 360.650.

28-44  Sec. 34.  NRS 484.3667 is hereby amended to read as follows:

28-45  484.3667  1.  Except as otherwise provided in subsection 2, a person

28-46  who is convicted of a violation of a speed limit:

29-1    (a) In an area designated as a temporary traffic control zone in which

29-2  construction, maintenance or repair of a highway is conducted; and

29-3    (b) At a time when the workers who are performing the construction,

29-4  maintenance or repair of the highway are present,

29-5  shall be punished by imprisonment or by a fine, or both, for a term or an

29-6  amount equal to and in addition to the term of imprisonment or amount of

29-7  the fine, or both, that the court imposes for the primary offense. Any term

29-8  of imprisonment imposed pursuant to this subsection runs consecutively

29-9  with the sentence prescribed by the court for the crime. This subsection

29-10  does not create a separate offense, but provides an additional penalty for

29-11  the primary offense, whose imposition is contingent upon the finding of the

29-12  prescribed fact.

29-13  2.  The penalty imposed for the primary offense and the additional

29-14  penalty imposed pursuant to subsection 1 must not exceed a total of

29-15  $1,000, 6 months of imprisonment or 120 hours of [work for the benefit of

29-16  the community.] community service.

29-17  3.  A governmental entity that designates an area as a temporary traffic

29-18  control zone in which construction, maintenance or repair of a highway is

29-19  conducted, or the person with whom the governmental entity contracts to

29-20  provide such service shall cause to be erected:

29-21  (a) A sign located before the beginning of such an area which states that

29-22  a double penalty will be imposed upon a person who is convicted of

29-23  violating the speed limit within the temporary traffic control zone;

29-24  (b) A sign to mark the beginning of the temporary traffic control zone;

29-25  and

29-26  (c) A sign to mark the end of the temporary traffic control zone.

29-27  Sec. 35.  NRS 484.3792 is hereby amended to read as follows:

29-28  484.3792  1.  A person who violates the provisions of NRS 484.379:

29-29  (a) For the first offense within 7 years, is guilty of a misdemeanor.

29-30  Unless he is allowed to undergo treatment as provided in NRS 484.37937,

29-31  the court shall:

29-32     (1) Except as otherwise provided in subsection 6, order him to pay

29-33  tuition for an educational course on the abuse of alcohol and controlled

29-34  substances approved by the department and complete the course within the

29-35  time specified in the order, and the court shall notify the department if he

29-36  fails to complete the course within the specified time;

29-37     (2) Unless the sentence is reduced pursuant to NRS 484.37937,

29-38  sentence him to imprisonment for not less than 2 days nor more than 6

29-39  months in jail, or to perform not less than 48 hours, but not more than 96

29-40  hours, of [work for the] community service while dressed in distinctive

29-41  garb that identifies him as having violated the provisions of NRS 484.379;

29-42  and

29-43     (3) Fine him not less than $400 nor more than $1,000.

29-44  (b) For a second offense within 7 years, is guilty of a misdemeanor.

29-45  Unless the sentence is reduced pursuant to NRS 484.3794, the court:

29-46     (1) Shall sentence him to:

29-47        (I) Imprisonment for not less than 10 days nor more than 6 months

29-48  in jail; or

30-1         (II) Residential confinement for not less than 10 days nor more

30-2  than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive,

30-3  or 5.0755 to 5.078, inclusive;

30-4      (2) Shall fine him not less than $750 nor more than $1,000;

30-5      (3) Shall order him to perform not less than 100 hours, but not more

30-6  than 200 hours, of [work for the] community service while dressed in

30-7  distinctive garb that identifies him as having violated the provisions of

30-8  NRS 484.379, unless the court finds that extenuating circumstances exist;

30-9  and

30-10     (4) May order him to attend a program of treatment for the

30-11  abuse of alcohol or drugs pursuant to the provisions of

30-12  NRS 484.37945.

30-13  A person who willfully fails or refuses to complete successfully a term of

30-14  residential confinement or a program of treatment ordered pursuant to this

30-15  paragraph is guilty of a misdemeanor.

30-16  (c) For a third or subsequent offense within 7 years, is guilty of a

30-17  category B felony and shall be punished by imprisonment in the state

30-18  prison for a minimum term of not less than 1 year and a maximum term of

30-19  not more than 6 years, and shall be further punished by a fine of not less

30-20  than $2,000 nor more than $5,000. An offender so imprisoned must,

30-21  insofar as practicable, be segregated from offenders whose crimes were

30-22  violent and, insofar as practicable, be assigned to an institution or facility

30-23  of minimum security.

30-24  2.  An offense that occurred within 7 years immediately preceding the

30-25  date of the principal offense or after the principal offense constitutes a prior

30-26  offense for the purposes of this section when evidenced by a conviction,

30-27  without regard to the sequence of the offenses and convictions. The facts

30-28  concerning a prior offense must be alleged in the complaint, indictment or

30-29  information, must not be read to the jury or proved at trial but must be

30-30  proved at the time of sentencing and, if the principal offense is alleged to

30-31  be a felony, must also be shown at the preliminary examination or

30-32  presented to the grand jury.

30-33  3.  A person convicted of violating the provisions of NRS 484.379

30-34  must not be released on probation, and a sentence imposed for violating

30-35  those provisions must not be suspended except, as provided in NRS 4.373,

30-36  5.055, 484.37937 and 484.3794, that portion of the sentence imposed that

30-37  exceeds the mandatory minimum. A prosecuting attorney shall not dismiss

30-38  a charge of violating the provisions of NRS 484.379 in exchange for a plea

30-39  of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for

30-40  any other reason unless he knows or it is obvious that the charge is not

30-41  supported by probable cause or cannot be proved at the time of trial.

30-42  4.  A term of confinement imposed pursuant to the provisions of this

30-43  section may be served intermittently at the discretion of the judge or justice

30-44  of the peace, except that a person who is convicted of a second or

30-45  subsequent offense within 7 years must be confined for at least one

30-46  segment of not less than 48 consecutive hours. This discretion must be

30-47  exercised after considering all the circumstances surrounding the offense,

30-48  and the family and employment of the offender, but any sentence of 30

30-49  days or less must be served within 6 months after the date of conviction or,

31-1  if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and

31-2  the suspension of his sentence was revoked, within 6 months after the date

31-3  of revocation. Any time for which the offender is confined must consist of

31-4  not less than 24 consecutive hours.

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

31-6  NRS 482.456, 483.560 or 485.330 must run consecutively.

31-7    6.  If the person who violated the provisions of NRS 484.379 possesses

31-8  a driver’s license issued by a state other than the State of Nevada and does

31-9  not reside in the State of Nevada, in carrying out the provisions of

31-10  subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

31-11  (a) Order the person to pay tuition for and submit evidence of

31-12  completion of an educational course on the abuse of alcohol and controlled

31-13  substances approved by a governmental agency of the state of his residence

31-14  within the time specified in the order; or

31-15  (b) Order him to complete an educational course by correspondence on

31-16  the abuse of alcohol and controlled substances approved by the department

31-17  within the time specified in the order,

31-18  and the court shall notify the department if the person fails to complete the

31-19  assigned course within the specified time.

31-20  7.  If the defendant was transporting a person who is less than 15 years

31-21  of age in the motor vehicle at the time of the violation, the court shall

31-22  consider that fact as an aggravating factor in determining the sentence of

31-23  the defendant.

31-24  8.  As used in this section, unless the context otherwise requires,

31-25  “offense” means:

31-26  (a) A violation of NRS 484.379 or 484.3795;

31-27  (b) A homicide resulting from driving or being in actual physical

31-28  control of a vehicle while under the influence of intoxicating liquor or a

31-29  controlled substance or resulting from any other conduct prohibited by

31-30  NRS 484.379 or 484.3795; or

31-31  (c) A violation of a law of any other jurisdiction that prohibits the same

31-32  or similar conduct as set forth in paragraph (a) or (b).

31-33  Sec. 36.  NRS 484.37937 is hereby amended to read as follows:

31-34     484.37937  1.  Except as otherwise provided in subsection 2, a person

31-35  who is found guilty of a first violation of NRS 484.379 may, at that time or

31-36  any time before he is sentenced, apply to the court to undergo a program of

31-37  treatment for alcoholism or drug abuse which is certified by the health

31-38  division of the department of human resources for at least 6 months. The

31-39  court shall authorize that treatment if:

31-40  (a) The person is diagnosed as an alcoholic or abuser of drugs by:

31-41     (1) An alcohol and drug abuse counselor who is licensed or certified

31-42  pursuant to chapter 641C of NRS to make that diagnosis; or

31-43     (2) A physician who is certified to make that diagnosis by the board

31-44  of medical examiners;

31-45  (b) He agrees to pay the cost of the treatment to the extent of his

31-46  financial resources; and

31-47  (c) He has served or will serve a term of imprisonment in jail of 1 day,

31-48  or has performed or will perform 48 hours of [work for the community.]

31-49  community service.

32-1    2.  A person may not apply to the court to undergo a program of

32-2  treatment pursuant to subsection 1 if, within the immediately preceding 7

32-3  years, he has been found guilty of:

32-4    (a) A violation of NRS 484.3795;

32-5    (b) A homicide resulting from driving or being in actual physical

32-6  control of a vehicle while under the influence of intoxicating liquor or a

32-7  controlled substance or resulting from any other conduct prohibited by

32-8  NRS 484.379 or 484.3795; or

32-9    (c) A violation of a law of any other jurisdiction that prohibits the same

32-10  or similar conduct as set forth in paragraph (a) or (b).

32-11  3.  For the purposes of subsection 1, a violation of a law of any other

32-12  jurisdiction that prohibits the same or similar conduct as NRS 484.379

32-13  constitutes a violation of NRS 484.379.

32-14  4.  A prosecuting attorney may, within 10 days after receiving notice of

32-15  an application for treatment pursuant to this section, request a hearing on

32-16  the question of whether the offender is eligible to undergo a program of

32-17  treatment for alcoholism or drug abuse. The court shall order a hearing on

32-18  the application upon the request of the prosecuting attorney or may order a

32-19  hearing on its own motion. The hearing must be limited to the question of

32-20  whether the offender is eligible to undergo such a program of treatment.

32-21  5.  At the hearing on the application for treatment, the prosecuting

32-22  attorney may present the court with any relevant evidence on the matter. If

32-23  a hearing is not held, the court shall decide the matter upon affidavits and

32-24  other information before the court.

32-25  6.  If the court grants an application for treatment, the court shall:

32-26  (a) Immediately sentence the offender and enter judgment accordingly.

32-27  (b) Suspend the sentence of the offender for not more than 3 years upon

32-28  the condition that the offender be accepted for treatment by a treatment

32-29  facility, that he complete the treatment satisfactorily and that he comply

32-30  with any other condition ordered by the court.

32-31  (c) Advise the offender that:

32-32     (1) If he is accepted for treatment by such a facility, he may be placed

32-33  under the supervision of the facility for a period not to exceed 3 years and

32-34  during treatment he may be confined in an institution or, at the discretion

32-35  of the facility, released for treatment or supervised aftercare in the

32-36  community.

32-37     (2) If he is not accepted for treatment by such a facility or he fails to

32-38  complete the treatment satisfactorily, he shall serve the sentence imposed

32-39  by the court. Any sentence of imprisonment must be reduced by a time

32-40  equal to that which he served before beginning treatment.

32-41     (3) If he completes the treatment satisfactorily, his sentence will be

32-42  reduced to a term of imprisonment which is no longer than that provided

32-43  for the offense in paragraph (c) of subsection 1 and a fine of not more than

32-44  the minimum fine provided for the offense in NRS 484.3792, but the

32-45  conviction must remain on his record of criminal history.

32-46  7.  The court shall administer the program of treatment pursuant to the

32-47  procedures provided in NRS 458.320 and 458.330, except that the court:

33-1    (a) Shall not defer the sentence, set aside the conviction or impose

33-2  conditions upon the election of treatment except as otherwise provided in

33-3  this section.

33-4    (b) May immediately revoke the suspension of sentence for a violation

33-5  of any condition of the suspension.

33-6    8.  The court shall notify the department, on a form approved by the

33-7  department, upon granting the application of the offender for treatment and

33-8  his failure to be accepted for or complete treatment.

33-9    Sec. 37.  NRS 484.3794 is hereby amended to read as follows:

33-10  484.3794  1.  Except as otherwise provided in subsection 2, a person

33-11  who is found guilty of a second violation of NRS 484.379 within 7 years

33-12  may, at that time or any time before he is sentenced, apply to the court to

33-13  undergo a program of treatment for alcoholism or drug abuse which is

33-14  certified by the health division of the department of human resources for at

33-15  least 1 year if:

33-16  (a) He is diagnosed as an alcoholic or abuser of drugs by:

33-17     (1) An alcohol and drug abuse counselor who is licensed or certified

33-18  pursuant to chapter 641C of NRS to make that diagnosis; or

33-19     (2) A physician who is certified to make that diagnosis by the board

33-20  of medical examiners;

33-21  (b) He agrees to pay the costs of the treatment to the extent of his

33-22  financial resources; and

33-23  (c) He has served or will serve a term of imprisonment in jail of 5 days,

33-24  and if required pursuant to NRS 484.3792, has performed or will perform

33-25  not less than 50 hours, but not more than 100 hours, of [work for the

33-26  community.] community service.

33-27  2.  A person may not apply to the court to undergo a program of

33-28  treatment pursuant to subsection 1 if, within the immediately preceding 7

33-29  years, he has been found guilty of:

33-30  (a) A violation of NRS 484.3795;

33-31  (b) A homicide resulting from driving or being in actual physical

33-32  control of a vehicle while under the influence of intoxicating liquor or a

33-33  controlled substance or resulting from any other conduct prohibited by

33-34  NRS 484.379 or 484.3795; or

33-35  (c) A violation of a law of any other jurisdiction that prohibits the same

33-36  or similar conduct as set forth in paragraph (a) or (b).

33-37  3.  For the purposes of subsection 1, a violation of a law of any other

33-38  jurisdiction that prohibits the same or similar conduct as NRS 484.379

33-39  constitutes a violation of NRS 484.379.

33-40  4.  A prosecuting attorney may, within 10 days after receiving notice of

33-41  an application for treatment pursuant to this section, request a hearing on

33-42  the matter. The court shall order a hearing on the application upon the

33-43  request of the prosecuting attorney or may order a hearing on its own

33-44  motion.

33-45  5.  At the hearing on the application for treatment, the prosecuting

33-46  attorney may present the court with any relevant evidence on the matter. If

33-47  a hearing is not held, the court shall decide the matter upon affidavits and

33-48  other information before the court.

34-1    6.  If the court determines that an application for treatment should be

34-2  granted, the court shall:

34-3    (a) Immediately sentence the offender and enter judgment accordingly.

34-4    (b) Suspend the sentence of the offender for not more than 3 years upon

34-5  the condition that the offender be accepted for treatment by a treatment

34-6  facility, that he complete the treatment satisfactorily and that he comply

34-7  with any other condition ordered by the court.

34-8    (c) Advise the offender that:

34-9      (1) If he is accepted for treatment by such a facility, he may be placed

34-10  under the supervision of the facility for a period not to exceed 3 years and

34-11  during treatment he may be confined in an institution or, at the discretion

34-12  of the facility, released for treatment or supervised aftercare in the

34-13  community.

34-14     (2) If he is not accepted for treatment by such a facility or he fails to

34-15  complete the treatment satisfactorily, he shall serve the sentence imposed

34-16  by the court. Any sentence of imprisonment must be reduced by a time

34-17  equal to that which he served before beginning treatment.

34-18     (3) If he completes the treatment satisfactorily, his sentence will be

34-19  reduced to a term of imprisonment which is no longer than that provided

34-20  for the offense in paragraph (c) of subsection 1 and a fine of not more than

34-21  the minimum provided for the offense in NRS 484.3792, but the conviction

34-22  must remain on his record of criminal history.

34-23  7.  The court shall administer the program of treatment pursuant to the

34-24  procedures provided in NRS 458.320 and 458.330, except that the court:

34-25  (a) Shall not defer the sentence, set aside the conviction or impose

34-26  conditions upon the election of treatment except as otherwise provided in

34-27  this section.

34-28  (b) May immediately revoke the suspension of sentence for a violation

34-29  of a condition of the suspension.

34-30  8.  The court shall notify the department, on a form approved by the

34-31  department, upon granting the application of the offender for treatment and

34-32  his failure to be accepted for or complete treatment.

34-33  Sec. 38.  NRS 484.641 is hereby amended to read as follows:

34-34  484.641  1.  It is unlawful to drive a passenger car manufactured after:

34-35  (a) January 1, 1968, on a highway unless it is equipped with at least two

34-36  lap-type safety belt assemblies for use in the front seating positions.

34-37  (b) January 1, 1970, on a highway, unless it is equipped with a lap-type

34-38  safety belt assembly for each permanent seating position for passengers.

34-39  This requirement does not apply to the rear seats of vehicles operated by a

34-40  police department or sheriff’s office.

34-41  (c) January 1, 1970, unless it is equipped with at least two shoulder-

34-42  harness-type safety belt assemblies for use in the front seating positions.

34-43  2.  Any person driving and any passenger 5 years of age or older who

34-44  rides in the front or back seat of any vehicle described in subsection 1,

34-45  having an unladen weight of less than 6,000 pounds, on any highway, road

34-46  or street in this state shall wear a safety belt if one is available for his

34-47  seating position.

34-48  3.  A citation must be issued to any driver or to any adult passenger

34-49  who fails to wear a safety belt as required by subsection 2. If the passenger

35-1  is a child 5 years of age or older but under 18 years, a citation must be

35-2  issued to the driver for his failure to require that child to wear the safety

35-3  belt, but if both the driver and that child are not wearing safety belts, only

35-4  one citation may be issued to the driver for both violations. A citation may

35-5  be issued pursuant to this subsection only if the violation is discovered

35-6  when the vehicle is halted or its driver arrested for another alleged

35-7  violation or offense. Any person who violates the provisions of subsection

35-8  2 shall be punished by a fine of not more than $25 or by a sentence to

35-9  perform a certain number of hours of [work for the community.]

35-10  community service.

35-11  4.  A violation of subsection 2:

35-12  (a) Is not a moving traffic violation under NRS 483.473.

35-13  (b) May not be considered as negligence or as causation in any civil

35-14  action or as negligent or reckless driving under NRS 484.377.

35-15  (c) May not be considered as misuse or abuse of a product or as

35-16  causation in any action brought to recover damages for injury to a person

35-17  or property resulting from the manufacture, distribution, sale or use of a

35-18  product.

35-19  5.  The department shall exempt those types of motor vehicles or

35-20  seating positions from the requirements of subsection 1 when compliance

35-21  would be impractical.

35-22  6.  The provisions of subsections 2 and 3 do not apply:

35-23  (a) To a driver or passenger who possesses a written statement by a

35-24  physician certifying that he is unable to wear a safety belt for medical or

35-25  physical reasons;

35-26  (b) If the vehicle is not required by federal law to be equipped with

35-27  safety belts;

35-28  (c) To an employee of the United States Postal Service while delivering

35-29  mail in the rural areas of this state;

35-30  (d) If the vehicle is stopping frequently, the speed of that vehicle does

35-31  not exceed 15 miles per hour between stops and the driver or passenger is

35-32  frequently leaving the vehicle or delivering property from the vehicle; or

35-33  (e) To a passenger riding in a means of public transportation, including

35-34  a taxi, school bus or emergency vehicle.

35-35  7.  It is unlawful for any person to distribute, have for sale, offer for

35-36  sale or sell any safety belt or shoulder harness assembly for use in a motor

35-37  vehicle unless it meets current minimum standards and specifications of the

35-38  United States Department of Transportation.

35-39  Sec. 39.  NRS 616A.195 is hereby amended to read as follows:

35-40     616A.195  Any person:

35-41  1.  Less than 18 years of age who is subject to the jurisdiction of the

35-42  juvenile division of the district court and who has been ordered by the

35-43  court to [work for a community,] perform community service, upon

35-44  compliance by the supervising authority; or

35-45  2.  Eighteen years of age or older who has been ordered by any court to

35-46  perform [work for a] community service pursuant to NRS 176.087, upon

35-47  compliance by the convicted person or the supervising

35-48  authority,

36-1  while engaged in that work, shall be deemed, for the purpose of chapters

36-2  616A to 616D, inclusive, of NRS, an employee of the supervising authority

36-3  at a wage of $50 per month, and is entitled to the benefits of those chapters.

36-4    Sec. 40.  NRS 630.352 is hereby amended to read as follows:

36-5    630.352  1.  Any member of the board, except for an advisory

36-6  member serving on a panel of the board hearing charges, may participate in

36-7  the final order of the board. If the board, after a formal hearing, determines

36-8  from a preponderance of the evidence that a violation of the provisions of

36-9  this chapter or of the regulations of the board has occurred, it shall issue

36-10  and serve on the physician charged an order, in writing, containing its

36-11  findings and any sanctions.

36-12  2.  If the board determines that no violation has occurred, it shall

36-13  dismiss the charges, in writing, and notify the physician that the charges

36-14  have been dismissed. If the disciplinary proceedings were instituted against

36-15  the physician as a result of a complaint filed against him, the board may

36-16  provide the physician with a copy of the complaint, including the name of

36-17  the person, if any, who filed the complaint.

36-18  3.  Except as otherwise provided in subsection 4, if the board finds that

36-19  a violation has occurred, it may by order:

36-20  (a) Place the person on probation for a specified period on any of the

36-21  conditions specified in the order;

36-22  (b) Administer to him a public reprimand;

36-23  (c) Limit his practice or exclude one or more specified branches of

36-24  medicine from his practice;

36-25  (d) Suspend his license for a specified period or until further order of

36-26  the board;

36-27  (e) Revoke his license to practice medicine;

36-28  (f) Require him to participate in a program to correct alcohol or drug

36-29  dependence or any other impairment;

36-30  (g) Require supervision of his practice;

36-31  (h) Impose a fine not to exceed $5,000;

36-32  (i) Require him to perform [public] community service without

36-33  compensation;

36-34  (j) Require him to take a physical or mental examination or an

36-35  examination testing his competence;

36-36  (k) Require him to fulfill certain training or educational requirements;

36-37  and

36-38  (l) Require him to pay all costs incurred by the board relating to his

36-39  disciplinary proceedings.

36-40  4.  If the board finds that the physician has violated the provisions of

36-41  NRS 439B.425, the board shall suspend his license for a specified period or

36-42  until further order of the board.

36-43  Sec. 41.  NRS 630A.510 is hereby amended to read as follows:

36-44     630A.510  1.  Any member of the board who was not a member of the

36-45  investigative committee, if one was appointed, may participate in the final

36-46  order of the board. If the board, after a formal hearing, determines that a

36-47  violation of the provisions of this chapter or the regulations adopted by the

36-48  board has occurred, it shall issue and serve on the person charged an order,

36-49  in writing, containing its findings and any sanctions imposed by the board.

37-1  If the board determines that no violation has occurred, it shall dismiss the

37-2  charges, in writing, and notify the person that the charges have been

37-3  dismissed.

37-4    2.  If the board finds that a violation has occurred, it may by order:

37-5    (a) Place the person on probation for a specified period on any of the

37-6  conditions specified in the order.

37-7    (b) Administer to the person a public reprimand.

37-8    (c) Limit the practice of the person or exclude a method of treatment

37-9  from the scope of his practice.

37-10  (d) Suspend the license of the person for a specified period or until

37-11  further order of the board.

37-12  (e) Revoke the license of the person to practice homeopathic medicine.

37-13  (f) Require the person to participate in a program to correct a

37-14  dependence upon alcohol or a controlled substance, or any other

37-15  impairment.

37-16  (g) Require supervision of the person’s practice.

37-17  (h) Impose an administrative fine not to exceed $10,000.

37-18  (i) Require the person to perform [public] community service without

37-19  compensation.

37-20  (j) Require the person to take a physical or mental examination or an

37-21  examination of his competence to practice homeopathic medicine.

37-22  (k) Require the person to fulfill certain training or educational

37-23  requirements.

37-24  (l) Require the person to pay the costs of the investigation and hearing.

37-25  Sec. 42.  NRS 631.350 is hereby amended to read as follows:

37-26  631.350  1.  Except as otherwise provided in NRS 631.271 and

37-27  631.347, the board may:

37-28  (a) Refuse to issue a license to any person;

37-29  (b) Revoke or suspend the license or renewal certificate issued by it to

37-30  any person;

37-31  (c) Fine a person it has licensed;

37-32  (d) Place a person on probation for a specified period on any conditions

37-33  the board may order;

37-34  (e) Issue a public reprimand to a person;

37-35  (f) Limit a person’s practice to certain branches of dentistry;

37-36  (g) Require a person to participate in a program to correct alcohol or

37-37  drug abuse or any other impairment;

37-38  (h) Require that a person’s practice be supervised;

37-39  (i) Require a person to perform [public] community service without

37-40  compensation;

37-41  (j) Require a person to take a physical or mental examination or an

37-42  examination of his competence;

37-43  (k) Require a person to fulfill certain training or educational

37-44  requirements;

37-45  (l) Require a person to reimburse a patient; or

 

 

 

 

38-1    (m) Any combination thereof,

38-2  upon proof satisfactory to the board that the person has engaged in any of

38-3  the activities listed in subsection 2.

38-4    2.  The following activities may be punished as provided in

38-5  subsection 1:

38-6    (a) Engaging in the illegal practice of dentistry or dental hygiene;

38-7    (b) Engaging in unprofessional conduct; or

38-8    (c) Violating any regulations adopted by the board or the provisions of

38-9  this chapter.

38-10  3.  The board may delegate to a hearing officer or panel its authority to

38-11  take any disciplinary action pursuant to this chapter, impose and collect

38-12  fines therefor and deposit the money therefrom in banks, credit unions or

38-13  savings and loan associations in this state.

38-14  4.  If a hearing officer or panel is not authorized to take disciplinary

38-15  action pursuant to subsection 3 and the board deposits the money collected

38-16  from the imposition of fines with the state treasurer for credit to the state

38-17  general fund, it may present a claim to the state board of examiners for

38-18  recommendation to the interim finance committee if money is needed to

38-19  pay attorney’s fees or the costs of an investigation, or both.

38-20  Sec. 43.  NRS 706.211 is hereby amended to read as follows:

38-21  706.211  All money collected by the department under the provisions

38-22  of NRS 706.011 to 706.861, inclusive, must be deposited in the state

38-23  treasury for credit to the motor vehicle fund. Except as otherwise provided

38-24  in NRS 482.180 , 482.181 and this chapter, all money collected under the

38-25  provisions of NRS 706.011 to 706.861, inclusive, must be used for the

38-26  construction, maintenance and repair of the public highways of this state.

38-27  Sec. 43.5.  Assembly Bill No. 574 of this session is hereby amended

38-28  by adding thereto a new section to read as follows:

38-29  Sec. 4.  1.  This section and section 3 of this act become

38-30  effective upon passage and approval.

38-31  2.  Sections 1 and 2 of this act become effective on October 1,

38-32  2001.

38-33  Sec. 44.  Section 1 of Senate Bill No. 37 of this session is hereby

38-34  amended to read as follows:

38-35     Section 1.  NRS 62.129 is hereby amended to read as follows:

38-36     62.129  1.  A child alleged to be delinquent or in need of

38-37  supervision may be placed under the informal supervision of a

38-38  probation officer if the child voluntarily admits his participation in the

38-39  acts for which he was referred to the probation officer. If any of the

38-40  acts would constitute a gross misdemeanor or felony if committed by

38-41  an adult, the child may not be placed under informal supervision

38-42  unless the district attorney approves of the placement in writing. The

38-43  probation officer must advise the child and his parent, guardian or

38-44  custodian that they may refuse informal supervision.

38-45  2.  An agreement for informal supervision must be entered into

38-46  voluntarily and intelligently by the child with the advice of his

38-47  attorney, or by the child with the consent of a parent, guardian or

38-48  custodian if the child is not represented by counsel. The period of

38-49  informal supervision must not exceed 180 days. The terms of the

39-1  agreement must be clearly stated in writing and signed by all parties.

39-2  A copy of the agreement must be given to the child, the attorney for

39-3  the child, if any, the child’s parent, guardian or custodian, and the

39-4  probation officer, who shall retain a copy in his file for the case. The

39-5  child and his parent, guardian or custodian may terminate the

39-6  agreement at any time and request the filing of a petition for formal

39-7  adjudication.

39-8    3.  An agreement for informal supervision may require a child to:

39-9    (a) Perform community service or provide restitution to any victim

39-10  of the acts for which the child was referred to the probation officer;

39-11  (b) Participate in a program of restitution through work that is

39-12  established pursuant to NRS 62.2185 if the child:

39-13     (1) Is 14 years of age or older;

39-14     (2) Has never been found to be within the purview of this

39-15  chapter for an unlawful act that involved the use or threatened use of

39-16  force or violence against a victim and has never been found to have

39-17  committed such an unlawful act in any other jurisdiction;

39-18     (3) Is required to provide restitution to a victim; and

39-19     (4) Voluntarily agrees to participate in the program of restitution

39-20  through work;

39-21  (c) Complete a program of cognitive training and human

39-22  development pursuant to NRS 62.2195 if:

39-23     (1) The child has never been found to be within the purview of

39-24  this chapter; and

39-25     (2) The unlawful act for which the child is found to be within

39-26  the purview of this chapter did not involve the use or threatened use of

39-27  force or violence against a victim; or

39-28  (d) Engage in any combination of the activities set forth in

39-29  paragraphs (a), (b) and (c).

39-30  4.  If an agreement for informal supervision requires a child to

39-31  participate in a program of restitution through work as set forth in

39-32  paragraph (b) of subsection 3 or complete a program of cognitive

39-33  training and human development as set forth in paragraph (c) of

39-34  subsection 3, the agreement may also require any or all of the

39-35  following, in the following order of priority if practicable:

39-36  (a) The child or the parent or guardian of the child, to the extent of

39-37  his financial ability, to pay the costs associated with the participation

39-38  of the child in the program, including, without limitation, a reasonable

39-39  sum of money to pay for the cost of policies of insurance against

39-40  liability for personal injury and damage to property during those

39-41  periods in which the child participates in the program or performs

39-42  work, and in the case of a program of restitution through work, for

39-43  industrial insurance, unless the industrial insurance is provided by the

39-44  employer for which the child performs the work; or

39-45  (b) The child to work on projects or perform community service

39-46  pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period

39-47  that reflects the costs associated with the participation of the child in

39-48  the program.

40-1    5.  If a child is placed under informal supervision, a petition based

40-2  upon the events out of which the original complaint arose may be

40-3  filed only within 180 days after entry into the agreement for informal

40-4  supervision. If a petition is filed within that period, the child may

40-5  withdraw the admission he made pursuant to subsection 1. The child’s

40-6  compliance with all proper and reasonable terms of the agreement

40-7  constitute grounds for the court to dismiss the petition.

40-8    6.  [A] Upon the request of the court, a probation officer shall file

40-9  [annually] with the court a report of the number of children placed

40-10  under informal supervision during the previous year, the conditions

40-11  imposed in each case and the number of cases that were successfully

40-12  completed without the filing of a petition.

40-13  Sec. 45.  Section 21 of Senate Bill No. 59 of this session is hereby

40-14  amended to read as follows:

40-15  Sec. 21. NRS 371.230 is hereby amended to read as follows:

40-16     371.230  Except as otherwise provided in NRS 371.1035, 482.180

40-17  or 482.181, money collected by the department for [privilege]

40-18  governmental services taxes and penalties pursuant to the provisions

40-19  of this chapter must be deposited with the state treasurer to the credit

40-20  of the motor vehicle fund.

40-21  Sec. 46.  Section 29 of Senate Bill No. 59 of this session is hereby

40-22  amended to read as follows:

40-23  Sec. 29. NRS 387.328 is hereby amended to read as follows:

40-24     387.328  1.  The board of trustees of each school district shall

40-25  establish a fund for capital projects for the purposes set forth in

40-26  subsection 1 of NRS 387.335. The money in the fund for capital

40-27  projects may be transferred to the debt service fund to pay the cost of

40-28  the school district’s debt service.

40-29  2.  The board of trustees may accumulate money in the fund for

40-30  capital projects for a period not to exceed 20 years.

40-31  3.  That portion of the [vehicle privilege] governmental services

40-32  tax whose allocation to the school district pursuant to NRS 482.181 is

40-33  based on the amount of the property tax levy attributable to its debt

40-34  service must be deposited in the county treasury to the credit of the

40-35  fund established under subsection 1 or the school district’s debt

40-36  service fund.

40-37  4.  No money in the fund for capital projects at the end of the

40-38  fiscal year may revert to the county school district fund, nor may the

40-39  money be a surplus for any other purpose than those specified in

40-40  subsection 1.

40-41  5.  The proceeds of the taxes deposited in the fund for capital

40-42  projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be

40-43  pledged to the payment of the principal and interest on bonds or other

40-44  obligations issued for one or more of the purposes set forth in NRS

40-45  387.335. The proceeds of such taxes so pledged may be treated as

40-46  pledged revenues for the purposes of subsection 3 of NRS 350.020,

40-47  and the board of trustees of a school district may issue bonds for those

40-48  purposes in accordance with the provisions of chapter 350 of NRS.

41-1    Sec. 47.  Section 30 of Senate Bill No. 59 of this session is hereby

41-2  amended to read as follows:

41-3  Sec. 30.  NRS 482.180 is hereby amended to read as follows:

41-4     482.180  1.  The motor vehicle fund is hereby created as an

41-5  agency fund. Except as otherwise provided in subsection 4 or by a

41-6  specific statute, all money received or collected by the department

41-7  must be deposited in the state treasury for credit to the motor vehicle

41-8  fund.

41-9  2.  The interest and income on the money in the motor vehicle

41-10  fund, after deducting any applicable charges, must be credited to the

41-11  state highway fund.

41-12  3.  Any check accepted by the department in payment of [vehicle

41-13  privilege] the governmental services tax or any other fee required to

41-14  be collected pursuant to this chapter must, if it is dishonored upon

41-15  presentation for payment, be charged back against the motor vehicle

41-16  fund or the county to which the payment was credited pursuant to this

41-17  section or NRS 482.181, in the proper proportion.

41-18  4.  Except as otherwise provided in subsection 6, all money

41-19  received or collected by the department for the basic [vehicle

41-20  privilege] governmental services tax must be distributed in the

41-21  manner set forth in NRS 482.181.

41-22  5.  Money for the administration of the provisions of this chapter

41-23  must be provided by direct legislative appropriation from the state

41-24  highway fundor other legislative authorization, upon the presentation

41-25  of budgets in the manner required by law. Out of the appropriation or

41-26  authorization, the department shall pay every item of expense.

41-27  6.  The department shall withhold 6 percent from the amount of

41-28  [privilege] the governmental services tax collected by the department

41-29  as a commission. From the amount of [privilege] the governmental

41-30  services tax collected by a county assessor, the state controller shall

41-31  credit 1 percent to the department as a commission and remit 5

41-32  percent to the county for credit to its general fund as commission for

41-33  the services of the county assessor. All money withheld by or credited

41-34  to the department pursuant to this subsection must be used only for

41-35  the administration of this chapter as authorized by the legislature

41-36  pursuant to subsection 5.

41-37  7.  When the requirements of this section and NRS 482.181 have

41-38  been met, and when directed by the department, the state controller

41-39  shall transfer monthly to the state highway fund any balance in the

41-40  motor vehicle fund.

41-41  8.  If a statute requires that any money in the motor vehicle fund

41-42  be transferred to another fund or account, the department shall direct

41-43  the controller to transfer the money in accordance with the statute.

41-44  Sec. 48.  Section 31 of Senate Bill No. 59 of this session is hereby

41-45  amended to read as follows:

41-46  Sec. 31. NRS 482.181 is hereby amended to read as follows:

41-47     482.181  1.  Except as otherwise provided in subsection 5, after

41-48  deducting the amount withheld by the department and the amount

41-49  credited to the department pursuant to subsection 6 of NRS 482.180,

42-1  the department shall certify monthly to the state board of examiners

42-2  the amount of the basic and supplemental [privilege] governmental

42-3  services taxes collected for each county by the department and its

42-4  agents during the preceding month, and that money must be

42-5  distributed monthly as provided in this section.

42-6    2.  Any supplemental [privilege] governmental services tax

42-7  collected for a county must be distributed only to the county, to be

42-8  used as provided in NRS 371.045 and 371.047.

42-9    3.  The distribution of the basic [privilege] governmental services

42-10  tax received or collected for each county must be made to the county

42-11  school district within each county before any distribution is made to a

42-12  local government, special district or enterprise district. For the

42-13  purpose of calculating the amount of the basic [privilege]

42-14  governmental services tax to be distributed to the county school

42-15  district, the taxes levied by each local government, special district and

42-16  enterprise district are the product of its certified valuation, determined

42-17  pursuant to subsection 2 of NRS 361.405, and its tax rate, established

42-18  pursuant to NRS 361.455 for the fiscal year beginning on July 1,

42-19  1980, except that the tax rate for school districts, including the rate

42-20  attributable to a district’s debt service, is the rate established pursuant

42-21  to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if

42-22  the rate attributable to a district’s debt service in any fiscal year is

42-23  greater than its rate for the fiscal year beginning on July 1, 1978, the

42-24  higher rate must be used to determine the amount attributable to debt

42-25  service.

42-26  4.  After making the distributions set forth in subsection 3, the

42-27  remaining money received or collected for each county must be

42-28  deposited in the local government tax distribution account created by

42-29  NRS 360.660 for distribution to local governments, special districts

42-30  and enterprise districts within each county pursuant to the provisions

42-31  of NRS 360.680 and 360.690.

42-32  5.  An amount equal to any basic [privilege] governmental

42-33  services tax distributed to a redevelopment agency in the fiscal year

42-34  1987-1988 must continue to be distributed to that agency as long as it

42-35  exists but must not be increased.

42-36  6.  The department shall make distributions of the basic [privilege]

42-37  governmental services tax directly to county school districts.

42-38  7.  As used in this section:

42-39  (a) “Enterprise district” has the meaning ascribed to it in

42-40  NRS 360.620.

42-41  (b) “Local government” has the meaning ascribed to it in

42-42  NRS 360.640.

42-43  (c) “Received or collected for each county” means:

42-44     (1) For the basic [privilege] governmental services tax collected

42-45  on vehicles subject to the provisions of chapter 706 of NRS, the

42-46  amount determined for each county based on the following

42-47  percentages:

 

 

43-1  Carson City. 1.07 percent. Lincoln. 3.12 percent

43-2  Churchill. 5.21 percentLyon. 2.90 percent

43-3  Clark22.54 percentMineral. 2.40 percent

43-4  Douglas. 2.52 percent. Nye. 4.09 percent

43-5  Elko13.31 percentPershing. 7.00 percent

43-6  Esmeralda. 2.52 percentStorey  .19 percent

43-7  Eureka. 3.10 percentWashoe12.24 percent

43-8  Humboldt. 8.25 percentWhite Pine. 5.66 percent

43-9  Lander. 3.88 percent

43-10     (2) For all other basic and supplemental [privilege] governmental

43-11  services tax received or collected by the department, the amount

43-12  attributable to each county based on the county of registration of the

43-13  vehicle for which the tax was paid.

43-14  (d) “Special district” has the meaning ascribed to it in NRS

43-15  360.650.

43-16  Sec. 49.  Section 37 of Senate Bill No. 91 of this session is hereby

43-17  amended to read as follows:

43-18    Sec. 37. NRS 630.352 is hereby amended to read as follows:

43-19    630.352  1.  Any member of the board, except for an advisory

43-20  member serving on a panel of the board hearing charges, may

43-21  participate in the final order of the board. If the board, after a formal

43-22  hearing, determines from a preponderance of the evidence that a

43-23  violation of the provisions of this chapter or of the regulations of the

43-24  board has occurred, it shall issue and serve on the physician charged

43-25  an order, in writing, containing its findings and any sanctions.

43-26     2.  If the board determines that no violation has occurred, it shall

43-27  dismiss the charges, in writing, and notify the physician that the

43-28  charges have been dismissed. If the disciplinary proceedings were

43-29  instituted against the physician as a result of a complaint filed against

43-30  him, the board may provide the physician with a copy of the

43-31  complaint . [, including the name of the person, if any, who filed the

43-32  complaint.]

43-33     3.  Except as otherwise provided in subsection 4, if the board finds

43-34  that a violation has occurred, it may by order:

43-35     (a) Place the person on probation for a specified period on any of

43-36  the conditions specified in the order;

43-37     (b) Administer to him a public reprimand;

43-38     (c) Limit his practice or exclude one or more specified branches of

43-39  medicine from his practice;

43-40     (d) Suspend his license for a specified period or until further order

43-41  of the board;

43-42     (e) Revoke his license to practice medicine;

43-43     (f) Require him to participate in a program to correct alcohol or

43-44  drug dependence or any other impairment;

43-45     (g) Require supervision of his practice;

43-46     (h) Impose a fine not to exceed $5,000;

43-47     (i) Require him to perform community service without

43-48  compensation;

44-1      (j) Require him to take a physical or mental examination or an

44-2  examination testing his competence;

44-3      (k) Require him to fulfill certain training or educational

44-4  requirements; and

44-5      (l) Require him to pay all costs incurred by the board relating to his

44-6  disciplinary proceedings.

44-7      4.  If the board finds that the physician has violated the provisions

44-8  of NRS 439B.425, the board shall suspend his license for a specified

44-9  period or until further order of the board.

44-10  Sec. 49.5.  Section 11 of Senate Bill No. 424 of this session is hereby

44-11  amended to read as follows:

44-12    Sec. 11.  NRS 444.635 is hereby amended to read as follows:

44-13    444.635  1.  Except as otherwise provided in NRS 445C.010 to

44-14  445C.120, inclusive, a person convicted of violating NRS 444.555

44-15  and, in addition to the penalty imposed [in] pursuant to NRS 444.583

44-16  or 444.630, any person convicted of violating NRS 444.583 or

44-17  444.630 is liable for a civil penalty[,] upon each such conviction.

44-18     2.  Except as otherwise provided in NRS 445C.010 to 445C.120,

44-19  inclusive, a court before whom a defendant is convicted of a violation

44-20  of the provisions of NRS 444.555, 444.583 or 444.630, shall order the

44-21  defendant [to pay a civil penalty which is at least $250 but not more

44-22  than $2,000.]:

44-23  (a) For a first offense, to pay a civil penalty which is at least $500

44-24  but not more than $5,000.

44-25  (b) For a second offense, to pay a civil penalty which is at least

44-26  $1,000 but not more than $5,500.

44-27  (c) For a third offense, to pay a civil penalty which is at least

44-28  $1,500 but not more than $6,000.

44-29  (d) For any subsequent offense, to pay a civil penalty which is at

44-30  least $500 more than the most recent previous civil penalty that the

44-31  defendant was ordered to pay pursuant to this subsection.

44-32     3.  If so provided by the court, [the] a penalty imposed pursuant

44-33  to this section may be paid in installments.

44-34     [3.  The health authority or division of environmental protection of

44-35  the state department of conservation and natural resources]

44-36     4.  The solid waste management authority may attempt to collect

44-37  all such penalties and installments which are in default in any manner

44-38  provided by law for the enforcement of a judgment.

44-39     [4.] 5.  Each court which receives money [under] pursuant to the

44-40  provisions of this section shall forthwith remit the money to the

44-41  division of environmental protection of the state department of

44-42  conservation and natural resources or, if the health authority

44-43  initiated the action, the district health department which shall deposit

44-44  the money with the state treasurer for credit in a separate account in

44-45  the state general fund or with the county treasurer for deposit in an

44-46  account for the district health department, as the case may be. Money

44-47  so deposited must be [used] :

44-48  (a) Used only to pay [rewards] :

44-49     (1) Rewards pursuant to NRS 444.640 [or for] ;

45-1      (2) For education regarding the unlawful disposal of solid

45-2  waste;

45-3      (3) For the cleaning up of dump sites; and

45-4      (4) For the management of solid waste ; and [paid]

45-5    (b) Paid as other claims against the state or local governments are

45-6  paid.

45-7    Sec. 50.  NRS 488.407 is hereby repealed.

45-8    Sec. 51.  This act becomes effective upon passage and approval.

45-9    Sec. 52.  The legislative counsel shall:

45-10  1.  In preparing the reprint and supplements to the Nevada Revised

45-11  Statutes, appropriately change any references to “work for the benefit of

45-12  the community,” “work for the community,” “work for a community,”

45-13  “public service” or other similar term to refer to community service.

45-14  2.  In preparing supplements to the Nevada Administrative Code,

45-15  appropriately change any references to “work for the benefit of the

45-16  community,” “work for the community,” “work for a community,” “public

45-17  service” or other similar term to refer to community service.

 

45-18  TEXT OF REPEALED SECTION

 

45-19  488.407  Operation of vessel under the influence of intoxicating

45-20   liquor or controlled substance: Implied consent to evidentiary test;

45-21   refusal to submit to test; manner of testing.

45-22  1.  Except as otherwise provided in subsections 5 and 6, a person who

45-23   operates or is in actual physical control of a vessel under power or sail on

45-24   the waters of this state shall be deemed to have given his consent to an

45-25   evidentiary test of his blood, urine, breath or other bodily substance for the

45-26   purpose of determining the concentration of alcohol in his blood or breath

45-27   or the presence of a controlled substance when such a test is administered

45-28   at the direction of a peace officer having reasonable grounds to believe

45-29   that the person to be tested was operating or exercising actual physical

45-30   control of a vessel under power or sail while under the influence of

45-31   intoxicating liquor or a controlled substance.

45-32  2.  If a person refuses to submit to such a test as directed by a peace

45-33   officer, evidence of that refusal is admissible in any criminal action to

45-34   determine whether the person was operating or exercising actual physical

45-35   control of a vessel under power or sail while under the influence of

45-36   intoxicating liquor or a controlled substance.

45-37  3.  The person to be tested must be informed that his refusal to submit

45-38   to the test is admissible pursuant to subsection 2.

45-39  4.  Any person who is dead, unconscious or otherwise in a condition

45-40   rendering him incapable of refusal shall be deemed not to have withdrawn

45-41   his consent, and any such test may be administered whether or not the

45-42   person is informed that evidence of his refusal to submit to the test is

45-43   admissible.

46-1    5.  Any person who is afflicted with hemophilia or with a heart

46-2  condition requiring the use of an anticoagulant as determined by a

46-3   physician is exempt from any blood test which may be required pursuant

46-4   to this section, but may be required to submit to a test of his breath or

46-5   urine.

46-6    6.  Except as otherwise provided in subsection 9, if the concentration of

46-7   alcohol in the blood or breath of the person to be tested is in issue, he may

46-8   refuse to submit to a blood test if means are reasonably available to

46-9   perform a breath test. If the person requests a blood test and the means are

46-10   reasonably available to perform a breath test, and he is subsequently

46-11   convicted, he must pay for the cost of the substituted test, including the

46-12   fees and expenses of witnesses in court.

46-13  7.  If the presence of a controlled substance in the blood of the person

46-14   is in issue, the officer may direct him to submit to a blood or urine test, or

46-15   both, in addition to the breath test.

46-16  8.  Except as otherwise provided in subsections 5 and 7, a peace officer

46-17   shall not direct a person to submit to a urine test.

46-18  9.  Except as otherwise provided in this subsection, a person who

46-19   refuses to submit to a test required by this section must not be tested. If an

46-20   officer has reasonable cause to believe that:

46-21  (a) The person to be tested was operating or in actual physical control of

46-22   a vessel while under the influence of intoxicating liquor or a controlled

46-23   substance; and

46-24  (b) The person thereby caused the death or substantial bodily harm of

46-25   another,

46-26  the officer may direct that reasonable force be used to the extent necessary

46-27   to obtain samples of blood from the person to be tested. Not more than

46-28   three such samples may be taken during the 5-hour period immediately

46-29   following the time of the initial arrest. In such a circumstance, the officer

46-30   is not required to provide the person with a choice of tests for determining

46-31   the concentration of alcohol in his blood or breath or presence of a

46-32   controlled substance in his blood.

 

46-33  H