ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting “Every” and inserting:
“[Every] Except as otherwise provided in this section, a”.
Amend section 1, page 2, line 1, after “3.” by inserting:
“Except as otherwise provided in this subsection, in a prosecution for a violation of paragraph (a) of subsection 1, it is a complete defense that immediately before selling, giving or otherwise furnishing an alcoholic beverage to a person under 21 years of age, the person who sold, gave or otherwise furnished the alcoholic beverage was shown a document which appeared to be issued by an agency of a federal, state or local government and which indicated that the person to whom the alcoholic beverage was sold, given or otherwise furnished was 21 years of age or older at the time the alcoholic beverage was sold, given or otherwise furnished to the person. The complete defense set forth in this subsection does not apply if:
(a) The document which was shown to the person who sold, gave or otherwise furnished the alcoholic beverage was counterfeit, forged or altered, or was issued to a person other than the person to whom the alcoholic beverage was sold, given or otherwise furnished; and
(b) Under the circumstances, a reasonable person would have known or suspected that the document was counterfeit, forged or altered, or was issued to a person other than the person to whom the alcoholic beverage was sold, given or otherwise furnished.
4.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 205.460 is hereby amended to read as follows:
205.460 1. Every person who counterfeits, forges, alters, erases or obliterates, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, be used by a person under the age of 21 years to establish falsely or misrepresent his actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, shall be guilty of a misdemeanor. For the purposes of this subsection, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, include, but are not limited to, an operator’s license, chauffeur’s license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.
2. Every person who sells, lends, gives away or offers, or attempts to sell, lend, give away or offer, any counterfeited, forged, altered, erased or obliterated card, writing, paper or document, or photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, to a person under the age of 21 years, shall be guilty of a gross misdemeanor.
3. Every person under the age of 21 years who uses or attempts to use or proffers any counterfeited, forged, erased or obliterated card, writing, paper, document, or any photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when the purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
4. In any criminal prosecution or proceeding for the suspension or revocation of any license based upon the violation of any law making it unlawful [to sell, serve or furnish a person under the age of 21 years alcoholic liquor or upon violation of any law making it unlawful] to allow a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, proof that the defendant licensee, or his agent or employee, demanded and was shown, immediately before [furnishing any alcoholic liquor to a person under the age of 21 years or] allowing a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, bona fide documentary evidence of the majority and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, an operator’s license for a motor vehicle, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.”.