(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT A.B. 666
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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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
37-46 (m) Any combination thereof,
37-47 upon proof satisfactory to the board that the person has engaged in any of
37-48 the activities listed in subsection 2.
38-1 2. The following activities may be punished as provided in
38-2 subsection 1:
38-3 (a) Engaging in the illegal practice of dentistry or dental hygiene;
38-4 (b) Engaging in unprofessional conduct; or
38-5 (c) Violating any regulations adopted by the board or the provisions of
38-6 this chapter.
38-7 3. The board may delegate to a hearing officer or panel its authority to
38-8 take any disciplinary action pursuant to this chapter, impose and collect
38-9 fines therefor and deposit the money therefrom in banks, credit unions or
38-10 savings and loan associations in this state.
38-11 4. If a hearing officer or panel is not authorized to take disciplinary
38-12 action pursuant to subsection 3 and the board deposits the money collected
38-13 from the imposition of fines with the state treasurer for credit to the state
38-14 general fund, it may present a claim to the state board of examiners for
38-15 recommendation to the interim finance committee if money is needed to
38-16 pay attorney’s fees or the costs of an investigation, or both.
38-17 Sec. 43. NRS 706.211 is hereby amended to read as follows:
38-18 706.211 All money collected by the department under the provisions
38-19 of NRS 706.011 to 706.861, inclusive, must be deposited in the state
38-20 treasury for credit to the motor vehicle fund. Except as otherwise provided
38-21 in NRS 482.180 , 482.181 and this chapter, all money collected under the
38-22 provisions of NRS 706.011 to 706.861, inclusive, must be used for the
38-23 construction, maintenance and repair of the public highways of this state.
38-24 Sec. 43.3. Section 7 of Assembly Bill No. 444 of this session is
38-25 hereby amended to read as follows:
38-26 Sec. 7. NRS 645.633 is hereby amended to read as follows:
38-27 645.633 1. The commission may take action pursuant to NRS
38-28 645.630 against any person subject to that section who is guilty of:
38-29 [1.] (a) Willfully using any trade name, service mark or insigne of
38-30 membership in any real estate organization of which the licensee is
38-31 not a member, without the legal right to do so.
38-32 [2.] (b) Violating any order of the commission, any agreement
38-33 with the division, any of the provisions of this chapter, chapter 116,
38-34 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted
38-35 thereunder.
38-36 [3.] (c) Paying a commission, compensation or a finder’s fee to
38-37 any person for performing the services of a broker, broker-salesman
38-38 or salesman who has not secured his license pursuant to this chapter.
38-39 This subsection does not apply to payments to a broker who is
38-40 licensed in his state of residence.
38-41 [4.] (d) A felony, or has entered a plea of guilty, guilty but
38-42 mentally ill or nolo contendere to a charge of felony or any crime
38-43 involving fraud, deceit, misrepresentation or moral turpitude.
38-44 [5.] (e) Guaranteeing, or having authorized or permitted any
38-45 person to guarantee, future profits which may result from the resale of
38-46 real property.
38-47 [6.] (f) Failure to include a fixed date of expiration in any written
38-48 brokerage agreement or to leave a copy of the brokerage agreement
38-49 with the client.
39-1 [7.] (g) Accepting, giving or charging any undisclosed
39-2 commission, rebate or direct profit on expenditures made for a client.
39-3 [8.] (h) Gross negligence or incompetence in performing any act
39-4 for which he is required to hold a license pursuant to this chapter,
39-5 chapter 119, 119A or 119B of NRS.
39-6 [9.] (i) Any other conduct which constitutes deceitful, fraudulent
39-7 or dishonest dealing.
39-8 [10.] (j) Any conduct which took place before he became licensed,
39-9 which was in fact unknown to the division and which would have
39-10 been grounds for denial of a license had the division been aware of the
39-11 conduct.
39-12 [11.] (k) Knowingly permitting any person whose license has been
39-13 revoked or suspended to act as a real estate broker, broker-salesman
39-14 or salesman, with or on behalf of the licensee.
39-15 [12.] (l) Recording or causing to be recorded a claim pursuant to
39-16 the provisions of NRS 645.8701 to 645.8811, inclusive, that is
39-17 determined by a district court to be frivolous and made without
39-18 reasonable cause pursuant to NRS 645.8791.
39-19 2. [Action may also be taken] The commission may take action
39-20 pursuant to NRS 645.630 against a person who is subject to that
39-21 section for the suspension or revocation of a real estate broker’s,
39-22 broker-salesman’s or salesman’s license issued to him by any other
39-23 jurisdiction.
39-24 3. The commission may take action pursuant to NRS 645.630
39-25 against any person who:
39-26 (a) Holds a permit to engage in property management issued
39-27 pursuant to NRS 645.6052; and
39-28 (b) In connection with any property for which the person has
39-29 obtained a written brokerage agreement to manage the property
39-30 pursuant to NRS 645.6056:
39-31 (1) Is convicted of violating any of the provisions of NRS
39-32 202.470;
39-33 (2) Has been notified in writing by the appropriate
39-34 governmental agency of a potential violation of NRS 244.360,
39-35 244.3603 or 268.4124, and has failed to inform the owner of the
39-36 property of such notification; or
39-37 (3) Has been directed in writing by the owner of the property to
39-38 correct a potential violation of NRS 244.360, 244.3603 or 268.4124,
39-39 and has failed to correct the potential violation, if such corrective
39-40 action is within the scope of the person’s duties pursuant to the
39-41 written brokerage agreement.
39-42 4. The division shall maintain a log of any complaints that it
39-43 receives relating to activities for which the commission may take
39-44 action against a person holding a permit to engage in property
39-45 management pursuant to subsection 3.
39-46 5. On or before February 1 of each odd-numbered year, the
39-47 division shall submit to the director of the legislative counsel bureau
39-48 a written report setting forth, for the previous biennium:
40-1 (a) Any complaints included in the log maintained by the division
40-2 pursuant to subsection 4; and
40-3 (b) Any disciplinary actions taken by the commission pursuant to
40-4 subsection 3.
40-5 Sec. 43.5. Assembly Bill No. 574 of this session is hereby amended
40-6 by adding thereto a new section to read as follows:
40-7 Sec. 4. 1. This section and section 3 of this act become
40-8 effective upon passage and approval.
40-9 2. Sections 1 and 2 of this act become effective on October 1,
40-10 2001.
40-11 Sec. 44. Section 1 of Senate Bill No. 37 of this session is hereby
40-12 amended to read as follows:
40-13 Section 1. NRS 62.129 is hereby amended to read as follows:
40-14 62.129 1. A child alleged to be delinquent or in need of
40-15 supervision may be placed under the informal supervision of a
40-16 probation officer if the child voluntarily admits his participation in the
40-17 acts for which he was referred to the probation officer. If any of the
40-18 acts would constitute a gross misdemeanor or felony if committed by
40-19 an adult, the child may not be placed under informal supervision
40-20 unless the district attorney approves of the placement in writing. The
40-21 probation officer must advise the child and his parent, guardian or
40-22 custodian that they may refuse informal supervision.
40-23 2. An agreement for informal supervision must be entered into
40-24 voluntarily and intelligently by the child with the advice of his
40-25 attorney, or by the child with the consent of a parent, guardian or
40-26 custodian if the child is not represented by counsel. The period of
40-27 informal supervision must not exceed 180 days. The terms of the
40-28 agreement must be clearly stated in writing and signed by all parties.
40-29 A copy of the agreement must be given to the child, the attorney for
40-30 the child, if any, the child’s parent, guardian or custodian, and the
40-31 probation officer, who shall retain a copy in his file for the case. The
40-32 child and his parent, guardian or custodian may terminate the
40-33 agreement at any time and request the filing of a petition for formal
40-34 adjudication.
40-35 3. An agreement for informal supervision may require a child to:
40-36 (a) Perform community service or provide restitution to any victim
40-37 of the acts for which the child was referred to the probation officer;
40-38 (b) Participate in a program of restitution through work that is
40-39 established pursuant to NRS 62.2185 if the child:
40-40 (1) Is 14 years of age or older;
40-41 (2) Has never been found to be within the purview of this
40-42 chapter for an unlawful act that involved the use or threatened use of
40-43 force or violence against a victim and has never been found to have
40-44 committed such an unlawful act in any other jurisdiction;
40-45 (3) Is required to provide restitution to a victim; and
40-46 (4) Voluntarily agrees to participate in the program of restitution
40-47 through work;
41-1 (c) Complete a program of cognitive training and human
41-2 development pursuant to NRS 62.2195 if:
41-3 (1) The child has never been found to be within the purview of
41-4 this chapter; and
41-5 (2) The unlawful act for which the child is found to be within
41-6 the purview of this chapter did not involve the use or threatened use of
41-7 force or violence against a victim; or
41-8 (d) Engage in any combination of the activities set forth in
41-9 paragraphs (a), (b) and (c).
41-10 4. If an agreement for informal supervision requires a child to
41-11 participate in a program of restitution through work as set forth in
41-12 paragraph (b) of subsection 3 or complete a program of cognitive
41-13 training and human development as set forth in paragraph (c) of
41-14 subsection 3, the agreement may also require any or all of the
41-15 following, in the following order of priority if practicable:
41-16 (a) The child or the parent or guardian of the child, to the extent of
41-17 his financial ability, to pay the costs associated with the participation
41-18 of the child in the program, including, without limitation, a reasonable
41-19 sum of money to pay for the cost of policies of insurance against
41-20 liability for personal injury and damage to property during those
41-21 periods in which the child participates in the program or performs
41-22 work, and in the case of a program of restitution through work, for
41-23 industrial insurance, unless the industrial insurance is provided by the
41-24 employer for which the child performs the work; or
41-25 (b) The child to work on projects or perform community service
41-26 pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period
41-27 that reflects the costs associated with the participation of the child in
41-28 the program.
41-29 5. If a child is placed under informal supervision, a petition based
41-30 upon the events out of which the original complaint arose may be
41-31 filed only within 180 days after entry into the agreement for informal
41-32 supervision. If a petition is filed within that period, the child may
41-33 withdraw the admission he made pursuant to subsection 1. The child’s
41-34 compliance with all proper and reasonable terms of the agreement
41-35 constitute grounds for the court to dismiss the petition.
41-36 6. [A] Upon the request of the court, a probation officer shall file
41-37 [annually] with the court a report of the number of children placed
41-38 under informal supervision during the previous year, the conditions
41-39 imposed in each case and the number of cases that were successfully
41-40 completed without the filing of a petition.
41-41 Sec. 45. Section 21 of Senate Bill No. 59 of this session is hereby
41-42 amended to read as follows:
41-43 Sec. 21. NRS 371.230 is hereby amended to read as follows:
41-44 371.230 Except as otherwise provided in NRS 371.1035, 482.180
41-45 or 482.181, money collected by the department for [privilege]
41-46 governmental services taxes and penalties pursuant to the provisions
41-47 of this chapter must be deposited with the state treasurer to the credit
41-48 of the motor vehicle fund.
42-1 Sec. 46. Section 29 of Senate Bill No. 59 of this session is hereby
42-2 amended to read as follows:
42-3 Sec. 29. NRS 387.328 is hereby amended to read as follows:
42-4 387.328 1. The board of trustees of each school district shall
42-5 establish a fund for capital projects for the purposes set forth in
42-6 subsection 1 of NRS 387.335. The money in the fund for capital
42-7 projects may be transferred to the debt service fund to pay the cost of
42-8 the school district’s debt service.
42-9 2. The board of trustees may accumulate money in the fund for
42-10 capital projects for a period not to exceed 20 years.
42-11 3. That portion of the [vehicle privilege] governmental services
42-12 tax whose allocation to the school district pursuant to NRS 482.181 is
42-13 based on the amount of the property tax levy attributable to its debt
42-14 service must be deposited in the county treasury to the credit of the
42-15 fund established under subsection 1 or the school district’s debt
42-16 service fund.
42-17 4. No money in the fund for capital projects at the end of the
42-18 fiscal year may revert to the county school district fund, nor may the
42-19 money be a surplus for any other purpose than those specified in
42-20 subsection 1.
42-21 5. The proceeds of the taxes deposited in the fund for capital
42-22 projects pursuant to NRS 244.3354, 268.0962 and 375.070 may be
42-23 pledged to the payment of the principal and interest on bonds or other
42-24 obligations issued for one or more of the purposes set forth in NRS
42-25 387.335. The proceeds of such taxes so pledged may be treated as
42-26 pledged revenues for the purposes of subsection 3 of NRS 350.020,
42-27 and the board of trustees of a school district may issue bonds for those
42-28 purposes in accordance with the provisions of chapter 350 of NRS.
42-29 Sec. 47. Section 30 of Senate Bill No. 59 of this session is hereby
42-30 amended to read as follows:
42-31 Sec. 30. NRS 482.180 is hereby amended to read as follows:
42-32 482.180 1. The motor vehicle fund is hereby created as an
42-33 agency fund. Except as otherwise provided in subsection 4 or by a
42-34 specific statute, all money received or collected by the department
42-35 must be deposited in the state treasury for credit to the motor vehicle
42-36 fund.
42-37 2. The interest and income on the money in the motor vehicle
42-38 fund, after deducting any applicable charges, must be credited to the
42-39 state highway fund.
42-40 3. Any check accepted by the department in payment of [vehicle
42-41 privilege] the governmental services tax or any other fee required to
42-42 be collected pursuant to this chapter must, if it is dishonored upon
42-43 presentation for payment, be charged back against the motor vehicle
42-44 fund or the county to which the payment was credited pursuant to this
42-45 section or NRS 482.181, in the proper proportion.
42-46 4. Except as otherwise provided in subsection 6, all money
42-47 received or collected by the department for the basic [vehicle
42-48 privilege] governmental services tax must be distributed in the
42-49 manner set forth in NRS 482.181.
43-1 5. Money for the administration of the provisions of this chapter
43-2 must be provided by direct legislative appropriation from the state
43-3 highway fundor other legislative authorization, upon the presentation
43-4 of budgets in the manner required by law. Out of the appropriation or
43-5 authorization, the department shall pay every item of expense.
43-6 6. The department shall withhold 6 percent from the amount of
43-7 [privilege] the governmental services tax collected by the department
43-8 as a commission. From the amount of [privilege] the governmental
43-9 services tax collected by a county assessor, the state controller shall
43-10 credit 1 percent to the department as a commission and remit 5
43-11 percent to the county for credit to its general fund as commission for
43-12 the services of the county assessor. All money withheld by or credited
43-13 to the department pursuant to this subsection must be used only for
43-14 the administration of this chapter as authorized by the legislature
43-15 pursuant to subsection 5.
43-16 7. When the requirements of this section and NRS 482.181 have
43-17 been met, and when directed by the department, the state controller
43-18 shall transfer monthly to the state highway fund any balance in the
43-19 motor vehicle fund.
43-20 8. If a statute requires that any money in the motor vehicle fund
43-21 be transferred to another fund or account, the department shall direct
43-22 the controller to transfer the money in accordance with the statute.
43-23 Sec. 48. Section 31 of Senate Bill No. 59 of this session is hereby
43-24 amended to read as follows:
43-25 Sec. 31. NRS 482.181 is hereby amended to read as follows:
43-26 482.181 1. Except as otherwise provided in subsection 5, after
43-27 deducting the amount withheld by the department and the amount
43-28 credited to the department pursuant to subsection 6 of NRS 482.180,
43-29 the department shall certify monthly to the state board of examiners
43-30 the amount of the basic and supplemental [privilege] governmental
43-31 services taxes collected for each county by the department and its
43-32 agents during the preceding month, and that money must be
43-33 distributed monthly as provided in this section.
43-34 2. Any supplemental [privilege] governmental services tax
43-35 collected for a county must be distributed only to the county, to be
43-36 used as provided in NRS 371.045 and 371.047.
43-37 3. The distribution of the basic [privilege] governmental services
43-38 tax received or collected for each county must be made to the county
43-39 school district within each county before any distribution is made to a
43-40 local government, special district or enterprise district. For the
43-41 purpose of calculating the amount of the basic [privilege]
43-42 governmental services tax to be distributed to the county school
43-43 district, the taxes levied by each local government, special district and
43-44 enterprise district are the product of its certified valuation, determined
43-45 pursuant to subsection 2 of NRS 361.405, and its tax rate, established
43-46 pursuant to NRS 361.455 for the fiscal year beginning on July 1,
43-47 1980, except that the tax rate for school districts, including the rate
43-48 attributable to a district’s debt service, is the rate established pursuant
43-49 to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if
44-1 the rate attributable to a district’s debt service in any fiscal year is
44-2 greater than its rate for the fiscal year beginning on July 1, 1978, the
44-3 higher rate must be used to determine the amount attributable to debt
44-4 service.
44-5 4. After making the distributions set forth in subsection 3, the
44-6 remaining money received or collected for each county must be
44-7 deposited in the local government tax distribution account created by
44-8 NRS 360.660 for distribution to local governments, special districts
44-9 and enterprise districts within each county pursuant to the provisions
44-10 of NRS 360.680 and 360.690.
44-11 5. An amount equal to any basic [privilege] governmental
44-12 services tax distributed to a redevelopment agency in the fiscal year
44-13 1987-1988 must continue to be distributed to that agency as long as it
44-14 exists but must not be increased.
44-15 6. The department shall make distributions of the basic [privilege]
44-16 governmental services tax directly to county school districts.
44-17 7. As used in this section:
44-18 (a) “Enterprise district” has the meaning ascribed to it in
44-19 NRS 360.620.
44-20 (b) “Local government” has the meaning ascribed to it in
44-21 NRS 360.640.
44-22 (c) “Received or collected for each county” means:
44-23 (1) For the basic [privilege] governmental services tax collected
44-24 on vehicles subject to the provisions of chapter 706 of NRS, the
44-25 amount determined for each county based on the following
44-26 percentages:
44-27 Carson City. 1.07 percent. Lincoln. 3.12 percent
44-28 Churchill. 5.21 percentLyon. 2.90 percent
44-29 Clark22.54 percentMineral. 2.40 percent
44-30 Douglas. 2.52 percent. Nye. 4.09 percent
44-31 Elko13.31 percentPershing. 7.00 percent
44-32 Esmeralda. 2.52 percentStorey .19 percent
44-33 Eureka. 3.10 percentWashoe12.24 percent
44-34 Humboldt. 8.25 percentWhite Pine. 5.66 percent
44-35 Lander. 3.88 percent
44-36 (2) For all other basic and supplemental [privilege] governmental
44-37 services tax received or collected by the department, the amount
44-38 attributable to each county based on the county of registration of the
44-39 vehicle for which the tax was paid.
44-40 (d) “Special district” has the meaning ascribed to it in NRS
44-41 360.650.
44-42 Sec. 49. Section 37 of Senate Bill No. 91 of this session is hereby
44-43 amended to read as follows:
44-44 Sec. 37. NRS 630.352 is hereby amended to read as follows:
44-45 630.352 1. Any member of the board, except for an advisory
44-46 member serving on a panel of the board hearing charges, may
44-47 participate in the final order of the board. If the board, after a formal
45-1 hearing, determines from a preponderance of the evidence that a
45-2 violation of the provisions of this chapter or of the regulations of the
45-3 board has occurred, it shall issue and serve on the physician charged
45-4 an order, in writing, containing its findings and any sanctions.
45-5 2. If the board determines that no violation has occurred, it shall
45-6 dismiss the charges, in writing, and notify the physician that the
45-7 charges have been dismissed. If the disciplinary proceedings were
45-8 instituted against the physician as a result of a complaint filed against
45-9 him, the board may provide the physician with a copy of the
45-10 complaint . [, including the name of the person, if any, who filed the
45-11 complaint.]
45-12 3. Except as otherwise provided in subsection 4, if the board finds
45-13 that a violation has occurred, it may by order:
45-14 (a) Place the person on probation for a specified period on any of
45-15 the conditions specified in the order;
45-16 (b) Administer to him a public reprimand;
45-17 (c) Limit his practice or exclude one or more specified branches of
45-18 medicine from his practice;
45-19 (d) Suspend his license for a specified period or until further order
45-20 of the board;
45-21 (e) Revoke his license to practice medicine;
45-22 (f) Require him to participate in a program to correct alcohol or
45-23 drug dependence or any other impairment;
45-24 (g) Require supervision of his practice;
45-25 (h) Impose a fine not to exceed $5,000;
45-26 (i) Require him to perform community service without
45-27 compensation;
45-28 (j) Require him to take a physical or mental examination or an
45-29 examination testing his competence;
45-30 (k) Require him to fulfill certain training or educational
45-31 requirements; and
45-32 (l) Require him to pay all costs incurred by the board relating to his
45-33 disciplinary proceedings.
45-34 4. If the board finds that the physician has violated the provisions
45-35 of NRS 439B.425, the board shall suspend his license for a specified
45-36 period or until further order of the board.
45-37 Sec. 49.5. Section 11 of Senate Bill No. 424 of this session is hereby
45-38 amended to read as follows:
45-39 Sec. 11. NRS 444.635 is hereby amended to read as follows:
45-40 444.635 1. Except as otherwise provided in NRS 445C.010 to
45-41 445C.120, inclusive, a person convicted of violating NRS 444.555
45-42 and, in addition to the penalty imposed [in] pursuant to NRS 444.583
45-43 or 444.630, any person convicted of violating NRS 444.583 or
45-44 444.630 is liable for a civil penalty[,] upon each such conviction.
45-45 2. Except as otherwise provided in NRS 445C.010 to 445C.120,
45-46 inclusive, a court before whom a defendant is convicted of a violation
45-47 of the provisions of NRS 444.555, 444.583 or 444.630, shall order the
45-48 defendant [to pay a civil penalty which is at least $250 but not more
45-49 than $2,000.]:
46-1 (a) For a first offense, to pay a civil penalty which is at least $500
46-2 but not more than $5,000.
46-3 (b) For a second offense, to pay a civil penalty which is at least
46-4 $1,000 but not more than $5,500.
46-5 (c) For a third offense, to pay a civil penalty which is at least
46-6 $1,500 but not more than $6,000.
46-7 (d) For any subsequent offense, to pay a civil penalty which is at
46-8 least $500 more than the most recent previous civil penalty that the
46-9 defendant was ordered to pay pursuant to this subsection.
46-10 3. If so provided by the court, [the] a penalty imposed pursuant
46-11 to this section may be paid in installments.
46-12 [3. The health authority or division of environmental protection of
46-13 the state department of conservation and natural resources]
46-14 4. The solid waste management authority may attempt to collect
46-15 all such penalties and installments which are in default in any manner
46-16 provided by law for the enforcement of a judgment.
46-17 [4.] 5. Each court which receives money [under] pursuant to the
46-18 provisions of this section shall forthwith remit the money to the
46-19 division of environmental protection of the state department of
46-20 conservation and natural resources or, if the health authority
46-21 initiated the action, the district health department which shall deposit
46-22 the money with the state treasurer for credit in a separate account in
46-23 the state general fund or with the county treasurer for deposit in an
46-24 account for the district health department, as the case may be. Money
46-25 so deposited must be [used] :
46-26 (a) Used only to pay [rewards] :
46-27 (1) Rewards pursuant to NRS 444.640 [or for] ;
46-28 (2) For education regarding the unlawful disposal of solid
46-29 waste;
46-30 (3) For the cleaning up of dump sites; and
46-31 (4) For the management of solid waste ; and [paid]
46-32 (b) Paid as other claims against the state or local governments are
46-33 paid.
46-34 Sec. 50. NRS 488.407 is hereby repealed.
46-35 Sec. 51. This act becomes effective upon passage and approval.
46-36 Sec. 52. The legislative counsel shall:
46-37 1. In preparing the reprint and supplements to the Nevada Revised
46-38 Statutes, appropriately change any references to “work for the benefit of
46-39 the community,” “work for the community,” “work for a community,”
46-40 “public service” or other similar term to refer to community service.
46-41 2. In preparing supplements to the Nevada Administrative Code,
46-42 appropriately change any references to “work for the benefit of the
46-43 community,” “work for the community,” “work for a community,” “public
46-44 service” or other similar term to refer to community service.
47-1 TEXT OF REPEALED SECTION
47-2 488.407 Operation of vessel under the influence of intoxicating
47-3 liquor or controlled substance: Implied consent to evidentiary test;
47-4 refusal to submit to test; manner of testing.
47-5 1. Except as otherwise provided in subsections 5 and 6, a person who
47-6 operates or is in actual physical control of a vessel under power or sail on
47-7 the waters of this state shall be deemed to have given his consent to an
47-8 evidentiary test of his blood, urine, breath or other bodily substance for the
47-9 purpose of determining the concentration of alcohol in his blood or breath
47-10 or the presence of a controlled substance when such a test is administered
47-11 at the direction of a peace officer having reasonable grounds to believe
47-12 that the person to be tested was operating or exercising actual physical
47-13 control of a vessel under power or sail while under the influence of
47-14 intoxicating liquor or a controlled substance.
47-15 2. If a person refuses to submit to such a test as directed by a peace
47-16 officer, evidence of that refusal is admissible in any criminal action to
47-17 determine whether the person was operating or exercising actual physical
47-18 control of a vessel under power or sail while under the influence of
47-19 intoxicating liquor or a controlled substance.
47-20 3. The person to be tested must be informed that his refusal to submit
47-21 to the test is admissible pursuant to subsection 2.
47-22 4. Any person who is dead, unconscious or otherwise in a condition
47-23 rendering him incapable of refusal shall be deemed not to have withdrawn
47-24 his consent, and any such test may be administered whether or not the
47-25 person is informed that evidence of his refusal to submit to the test is
47-26 admissible.
47-27 5. Any person who is afflicted with hemophilia or with a heart
47-28 condition requiring the use of an anticoagulant as determined by a
47-29 physician is exempt from any blood test which may be required pursuant
47-30 to this section, but may be required to submit to a test of his breath or
47-31 urine.
47-32 6. Except as otherwise provided in subsection 9, if the concentration of
47-33 alcohol in the blood or breath of the person to be tested is in issue, he may
47-34 refuse to submit to a blood test if means are reasonably available to
47-35 perform a breath test. If the person requests a blood test and the means are
47-36 reasonably available to perform a breath test, and he is subsequently
47-37 convicted, he must pay for the cost of the substituted test, including the
47-38 fees and expenses of witnesses in court.
47-39 7. If the presence of a controlled substance in the blood of the person
47-40 is in issue, the officer may direct him to submit to a blood or urine test, or
47-41 both, in addition to the breath test.
47-42 8. Except as otherwise provided in subsections 5 and 7, a peace officer
47-43 shall not direct a person to submit to a urine test.
48-1 9. Except as otherwise provided in this subsection, a person who
48-2 refuses to submit to a test required by this section must not be tested. If an
48-3 officer has reasonable cause to believe that:
48-4 (a) The person to be tested was operating or in actual physical control of
48-5 a vessel while under the influence of intoxicating liquor or a controlled
48-6 substance; and
48-7 (b) The person thereby caused the death or substantial bodily harm of
48-8 another,
48-9 the officer may direct that reasonable force be used to the extent necessary
48-10 to obtain samples of blood from the person to be tested. Not more than
48-11 three such samples may be taken during the 5-hour period immediately
48-12 following the time of the initial arrest. In such a circumstance, the officer
48-13 is not required to provide the person with a choice of tests for determining
48-14 the concentration of alcohol in his blood or breath or presence of a
48-15 controlled substance in his blood.
48-16 H