Senate Bill No. 288–Committee on Transportation

 

(On Behalf of District Attorneys Association)

 

March 7, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes to provisions concerning reckless driving and duties of driver after accident so that those provisions apply to person who drives on premises to which public has access. (BDR 43‑468)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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

 

AN ACT relating to traffic laws; revising provisions governing the duties of a driver after a motor vehicle accident to include an accident that occurs on premises to which the public has access; revising provisions concerning reckless driving to make those provisions applicable when a person drives on premises to which the public has access; increasing the penalty for a person convicted of reckless driving that proximately causes death or substantial bodily harm; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 484.221 is hereby amended to read as follows:

1-2    484.221  The driver of any vehicle involved in an accident on a

1-3  highway or on premises to which the public has access resulting only in

1-4  damage to a vehicle or other property which is driven or attended by any

1-5  person shall immediately stop his vehicle at the scene of the accident or, if

1-6  his vehicle is obstructing traffic, at a location as close thereto as possible

1-7  that does not obstruct traffic, and shall forthwith return to and remain at the

1-8  scene of the accident until he has fulfilled the requirements of NRS

1-9  484.223.

1-10    Sec. 2.  NRS 484.223 is hereby amended to read as follows:

1-11    484.223  1.  The driver of any vehicle involved in an accident on a

1-12  highway or on premises to which the public has access resulting in injury

1-13  to or death of any person or damage to any vehicle or other property which

1-14  is driven or attended by any person shall:

1-15    (a) Give his name, address and the registration number of the vehicle he

1-16  is driving, and shall upon request and if available exhibit his license to

2-1  [operate] drive a motor vehicle to any person injured in [such] the accident

2-2  or to the driver or occupant of or person attending any vehicle or other

2-3  property damaged in [such] the accident;

2-4    (b) Give such information and upon request manually surrender [such]

2-5  the license to any police officer at the scene of the accident or who is

2-6  investigating the accident; and

2-7    (c) Render to any person injured in [such] the accident reasonable

2-8  assistance, including the carrying, or the making of arrangements for the

2-9  carrying, of [such] the person to a physician, surgeon or hospital for

2-10  medical or surgical treatment if it is apparent that such treatment is

2-11  necessary, or if such carrying is requested by the injured person.

2-12    2.  If no police officer is present, the driver of any vehicle involved in

2-13  such an accident after fulfilling all other requirements of subsection 1 and

2-14  NRS 484.219, insofar as possible on his part to be performed, shall

2-15  forthwith report [such] the accident to the nearest office of a police

2-16  authority or of the Nevada highway patrol and submit thereto the

2-17  information specified in subsection 1.

2-18    Sec. 3.  NRS 484.377 is hereby amended to read as follows:

2-19    484.377  1.  It is unlawful for a person to[:

2-20    (a) Drive a vehicle in] drive a vehicle on a highway or on premises to

2-21  which the public has access:

2-22    (a) In willful or wanton disregard of the safety of persons or property.

2-23    (b) [Drive a vehicle in] In an unauthorized speed contest . [on a public

2-24  highway.]

2-25  A violation of this subsection or subsection 1 of NRS 484.348 constitutes

2-26  reckless driving.

2-27    2.  A person who does any act or neglects any duty imposed by law

2-28  while driving or in actual physical control of any vehicle in willful or

2-29  wanton disregard of the safety of persons or property, if the act or neglect

2-30  of duty proximately causes the death of or substantial bodily harm to a

2-31  person other than himself, is guilty of a category B felony and shall be

2-32  punished by imprisonment in the state prison for a minimum term of not

2-33  less than [1 year] 2 years and a maximum term of not more than [6] 15

2-34  years, or by a fine of not more than $5,000, or by both fine and

2-35  imprisonment.

2-36    Sec. 4.  NRS 484.791 is hereby amended to read as follows:

2-37    484.791  1.  Any peace officer may, without a warrant, arrest a person

2-38  if the officer has reasonable cause for believing that the person has

2-39  committed any of the following offenses:

2-40    (a) Homicide by vehicle;

2-41    (b) A violation of NRS 484.379;

2-42    (c) A violation of NRS 484.3795;

2-43    (d) Failure to stop, give information or render reasonable assistance in

2-44  the event of an accident resulting in death or personal injuries in violation

2-45  of NRS 484.219 or 484.223;

2-46    (e) Failure to stop or give information in the event of an accident

2-47  resulting in damage to a vehicle or to other property [legally upon or

2-48  adjacent to a highway] in violation of NRS 484.221 or 484.225;

2-49    (f) Reckless driving;

3-1    (g) Driving a motor vehicle on a highway or on premises to which the

3-2  public has access at a time when his driver’s license has been canceled,

3-3  revoked or suspended; or

3-4    (h) Driving a motor vehicle in any manner in violation of the

3-5  restrictions imposed in a restricted license issued to him pursuant to NRS

3-6  483.490.

3-7    2.  Whenever any person is arrested as authorized in this section, he

3-8  must be taken without unnecessary delay before the proper magistrate as

3-9  specified in NRS 484.803, except that in the case of either of the offenses

3-10  designated in paragraphs (e) and (f) of subsection 1 , a peace officer has the

3-11  same discretion as is provided in other cases in NRS 484.795.

3-12    Sec. 5.  The amendatory provisions of this act do not apply to offenses

3-13  committed before October 1, 2001.

 

3-14  H