Senate Bill No. 205–Committee on Judiciary

 

February 25, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Prohibits impairment of minor by use of alcoholic beverage. (BDR 15‑1030)

 

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 juveniles; prohibiting the impairment of a minor by the use of any alcoholic beverage; requiring the suspension of the driver’s license of a minor who is found guilty of being impaired by the use of any alcoholic beverage; requiring an evaluation of such a minor to determine if the minor is an abuser of alcohol or other drugs; requiring such a minor to undergo a program of treatment as recommended by the person who conducted the evaluation; providing penalties; 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 202.020 is hereby amended to read as follows:

1-2  202.020  1.  Any person under 21 years of age who purchases

1-3  any alcoholic beverage or any such person who consumes any

1-4  alcoholic beverage in any saloon, resort or premises where

1-5  spirituous, malt or fermented liquors or wines are sold is guilty of a

1-6  misdemeanor.

1-7  2.  Any person under 21 years of age who, for any reason,

1-8  possesses any alcoholic beverage in public is guilty of a

1-9  misdemeanor.

1-10      3.  Any person under 21 years of age who is impaired to any

1-11  degree by the use of an alcoholic beverage is guilty of a

1-12  misdemeanor.

2-1  4.  This section does not preclude a local governmental entity

2-2  from enacting by ordinance an additional or broader restriction.

2-3  [4.] 5. For the purposes of this section[, possession] :

2-4  (a) “Impairment” means any observable signs or symptoms

2-5  commonly associated with the use of alcoholic beverages.

2-6  (b) “Impairment” does not include:

2-7      (1) Impairment for an established religious purpose;

2-8       (2) Impairment in the presence of the person’s parent,

2-9  spouse or legal guardian who is 21 years of age or older; or

2-10          (3) Impairment in accordance with a prescription issued by

2-11  a person statutorily authorized to issue prescriptions.

2-12      (c) Possession “in public” includes possession:

2-13          [(a)] (1) On any street or highway;

2-14          [(b)] (2) In any place open to the public; and

2-15          [(c)] (3) In any private business establishment which is in

2-16  effect open to the public.

2-17      [5.  The term]

2-18      (d) Possession “in public” does not include:

2-19          [(a)] (1) Possession for an established religious purpose;

2-20          [(b)] (2) Possession in the presence of the person’s parent,

2-21  spouse or legal guardian who is 21 years of age or older;

2-22          [(c)] (3) Possession in accordance with a prescription issued

2-23  by a person statutorily authorized to issue prescriptions;

2-24          [(d)] (4) Possession in private clubs or private

2-25  establishments; or

2-26          [(e)] (5) The selling, handling, serving or transporting of

2-27  alcoholic beverages by a person in the course of his lawful

2-28  employment by a licensed manufacturer, wholesaler or retailer of

2-29  alcoholic beverages.

2-30      Sec. 2.  NRS 62.2255 is hereby amended to read as follows:

2-31      62.2255  1.  Except as otherwise provided in subsection 3 and

2-32  NRS 62.227, whenever a child is found to have committed the

2-33  unlawful act of:

2-34      (a) Using, possessing, selling or distributing a controlled

2-35  substance; or

2-36      (b) Purchasing, consuming , [or] possessing or being impaired

2-37  by the use of an alcoholic beverage in violation of

2-38  NRS 202.020,

2-39  the judge, or his authorized representative, shall, if the child

2-40  possesses a driver’s license, issue an order suspending the driver’s

2-41  license of the child for at least 90 days but not more than 2 years.

2-42  The judge shall require the child to surrender his driver’s license to

2-43  the court.

2-44      2.  If the child does not possess a driver’s license and the child

2-45  is or will be eligible to receive a driver’s license within the 2 years

3-1  immediately following the date of the order, the judge, or his

3-2  authorized representative, shall issue an order prohibiting the child

3-3  from receiving a driver’s license for a period specified by the court

3-4  which must be at least 90 days but not more than 2 years:

3-5  (a) Immediately following the date of the order, if the child is

3-6  eligible to receive a driver’s license; or

3-7  (b) After the date the child will be eligible to receive a driver’s

3-8  license, if the child is not eligible to receive a license on the date of

3-9  the order.

3-10      3.  If a child is already the subject of a court order suspending

3-11  or delaying the issuance of his driver’s license, the court shall order

3-12  the additional suspension or delay, as appropriate, to apply

3-13  consecutively with the previous order.

3-14      Sec. 3.  NRS 62.2275 is hereby amended to read as follows:

3-15      62.2275  1.  If a child within the jurisdiction of the juvenile

3-16  court is found by the juvenile court to have committed:

3-17      (a) An unlawful act in violation of NRS 484.379 or 484.3795;

3-18      (b) The unlawful act of using, possessing, selling or distributing

3-19  a controlled substance; or

3-20      (c) The unlawful act of purchasing, consuming , [or] possessing

3-21  or being impaired by the use of an alcoholic beverage in violation

3-22  of NRS 202.020,

3-23  the judge, or his authorized representative, shall require the child to

3-24  undergo an evaluation to determine if the child is an abuser of

3-25  alcohol or other drugs.

3-26      2.  The evaluation of a child pursuant to this section:

3-27      (a) Must be conducted by:

3-28          (1) An alcohol and drug abuse counselor who is licensed or

3-29  certified or an alcohol and drug abuse counselor intern who is

3-30  certified pursuant to chapter 641C of NRS to make that

3-31  classification; or

3-32          (2) A physician who is certified to make that classification

3-33  by the Board of Medical Examiners,

3-34  who shall report to the judge the results of the evaluation and make

3-35  a recommendation to the judge concerning the length and type of

3-36  treatment required by the child.

3-37      (b) May be conducted at an evaluation center.

3-38      3.  The judge shall:

3-39      (a) Order the child to undergo a program of treatment as

3-40  recommended by the person who conducted the evaluation pursuant

3-41  to subsection 2.

3-42      (b) Require the treatment facility to submit monthly reports on

3-43  the treatment of the child pursuant to this section.

3-44      (c) Order the child, if he is at least 18 years of age or an

3-45  emancipated minor, or the parent or legal guardian of the child, to

4-1  the extent of the financial resources of the child or his parent or

4-2  legal guardian, to pay any charges relating to the evaluation and

4-3  treatment of the child pursuant to this section. If the child, or his

4-4  parent or legal guardian, does not have the financial resources to pay

4-5  all those charges:

4-6       (1) The judge shall, to the extent possible, arrange for the

4-7  child to receive treatment from a treatment facility which receives a

4-8  sufficient amount of federal or state money to offset the remainder

4-9  of the costs; and

4-10          (2) The judge may order the child to perform supervised

4-11  community service in lieu of paying the charges relating to his

4-12  evaluation and treatment. The community service must be

4-13  performed for and under the supervising authority of a county, city,

4-14  town or other political subdivision or agency of the State of Nevada

4-15  or a charitable organization that renders service to the community or

4-16  its residents. The court may require the child or his parent or legal

4-17  guardian to deposit with the court a reasonable sum of money to pay

4-18  for the cost of policies of insurance against liability for personal

4-19  injury and damage to property or for industrial insurance, or both,

4-20  during those periods in which the child performs the community

4-21  service, unless, in the case of industrial insurance, it is provided by

4-22  the authority for which he performs the community service.

4-23      4.  A treatment facility is not liable for any damages to person

4-24  or property caused by a child who:

4-25      (a) Drives, operates or is in actual physical control of a vehicle

4-26  or a vessel under power or sail while under the influence of

4-27  intoxicating liquor or a controlled substance; or

4-28      (b) Engages in any other conduct prohibited by NRS 484.379,

4-29  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420

4-30  or a law of any other jurisdiction that prohibits the same or similar

4-31  conduct,

4-32  after the treatment facility has certified to his successful completion

4-33  of a program of treatment ordered pursuant to this section.

4-34      5.  The provisions of this section do not prohibit a judge from:

4-35      (a) Requiring an evaluation to be conducted by a person who is

4-36  employed by a private company if the company meets the standards

4-37  of the Health Division of the Department of Human Resources. The

4-38  evaluation may be conducted at an evaluation center pursuant to

4-39  paragraph (b) of subsection 2.

4-40      (b) Ordering the child to attend a program of treatment which is

4-41  administered by a private company.

4-42      6.  All information relating to the evaluation or treatment of a

4-43  child pursuant to this section is confidential and, except as otherwise

4-44  authorized by the provisions of this chapter or the juvenile court,

4-45  must not be disclosed to any person other than the juvenile court,

 

5-1  the child and his attorney, if any, his parents or guardian, the

5-2  prosecuting attorney and any other person for whom the

5-3  communication of that information is necessary to effectuate

5-4  the evaluation or treatment of the child. A record of any finding that

5-5  a child has violated the provisions of NRS 484.379 or 484.3795

5-6  must be included in the driver’s record of that child for 7 years after

5-7  the date of the offense.

5-8  7.  As used in this section:

5-9  (a) “Evaluation center” has the meaning ascribed to it in

5-10  NRS 484.3793.

5-11      (b) “Treatment facility” has the meaning ascribed to it in

5-12  NRS 484.3793.

 

5-13  H