EXEMPT
S.B. 447
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SENATE BILL NO. 447–COMMITTEE ON FINANCE
(ON BEHALF OF THE OFFICE OF FINANCE
IN THE OFFICE OF THE GOVERNOR)
APRIL 3, 2023
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Authorizes the use of testing devices to determine
the presence of a controlled substance or prohibited
substance in the oral fluid of a person in certain
circumstances. (BDR 43-1081)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Executive Budget.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; authorizing the use of testing
devices to determine the presence of a controlled
substance or prohibited substance in the oral fluid of a
person in certain circumstances; renaming the Committee
on Testing for Intoxication as the Committee on Testing
for Intoxication and Drug Impairment; requiring the
Committee to certify testing devices used to determine the
presence of a controlled substance or prohibited substance
in the oral fluid of a person; requiring the Committee to
adopt regulations relating to such devices; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that a person who drives or is in actual physical control 1
of a vehicle on a highway or on premises to which the public has access or who 2
operates or is in actual physical control of a vessel under power or sail on the 3
waters of this State is deemed to have given consent to a preliminary breath test to 4
determine the concentration of alcohol in his or her breath in certain circumstances. 5
(NRS 484C.150, 488.450) Sections 1 and 14 of this bill additionally provide that 6
any such person is deemed to have given consent to a preliminary test of his or her 7
oral fluid to determine the presence of a controlled substance or prohibited 8
substance therein. 9
Existing law contains various provisions that refer to the presence of a 10
controlled substance or prohibited substance in the blood or urine of a person. 11
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(NRS 50.315, 50.320, 484C.210-484C.240, 629.065) Sections 2-5 and 16-18 of 12
this bill include references to the oral fluid of a person in such provisions. 13
Existing law creates the Committee on Testing for Intoxication and requires the 14
Committee to certify a device that is designed and manufactured to be accurate and 15
reliable in determining the concentration of alcohol in a person’s breath. (NRS 16
484C.600, 484C.610) Section 8 of this bill renames the Committee as the 17
Committee on Testing for Intoxication and Drug Impairment, and section 9 of this 18
bill additionally requires the Committee to certify devices that are designed and 19
manufactured to be accurate and reliable in determining the presence of a 20
controlled substance or prohibited substance in a person’s oral fluid. Section 10 of 21
this bill requires the Committee to adopt regulations: (1) prescribing standards and 22
procedures for calibrating such devices; (2) establishing methods for ascertaining 23
the competence of persons to calibrate such devices and providing for the 24
examination and certification of those persons by the Department of Public Safety; 25
and (3) prescribing the form and contents of records relating to the calibration of 26
such devices and certain other records. Section 11 of this bill requires the 27
Committee to adopt regulations: (1) establishing methods for ascertaining the 28
competence of persons to operate such devices and examine prospective operators 29
and determine their competence; and (2) providing for the certification of operators 30
and examiners by the Department. Sections 5-7, 12, 13 and 15-17 of this bill make 31
conforming changes by updating the name of the Committee throughout the 32
Nevada Revised Statutes. Sections 5, 15 and 16 of this bill also make conforming 33
changes by including references to oral fluid testing devices in the applicable 34
provisions of the Nevada Revised Statutes that currently refer to breath-testing 35
devices. 36
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484C.150 is hereby amended to read as 1
follows: 2
484C.150 1. Any person who drives or is in actual physical 3
control of a vehicle on a highway or on premises to which the public 4
has access shall be deemed to have given his or her consent to a 5
preliminary test of his or her breath or oral fluid to determine the 6
concentration of alcohol in his or her breath or the presence of a 7
controlled substance or prohibited substance in his or her oral 8
fluid, as applicable, when the test is administered at the request of a 9
police officer at the scene of a vehicle crash or where the police 10
officer stops a vehicle, if the officer has reasonable grounds to 11
believe that the person to be tested was: 12
(a) Driving or in actual physical control of a vehicle while under 13
the influence of intoxicating liquor or a controlled substance; or 14
(b) Engaging in any other conduct prohibited by NRS 484C.110, 15
484C.120, 484C.130 or 484C.430. 16
2. If the person fails to submit to the test, the officer shall, if 17
reasonable grounds otherwise exist, arrest the person and take him 18
or her to a convenient place for the administration of a reasonably 19
available evidentiary test under NRS 484C.160. 20
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3. The result of the preliminary test must not be used in any 1
criminal action, except to show there were reasonable grounds to 2
make an arrest. 3
Sec. 2. NRS 484C.210 is hereby amended to read as follows: 4
484C.210 1. If a person fails to submit to an evidentiary test 5
as requested by a police officer pursuant to NRS 484C.160, the 6
license, permit or privilege to drive of the person must be revoked as 7
provided in NRS 484C.220, and the person is not eligible for a 8
license, permit or privilege to drive for a period of: 9
(a) One year; or 10
(b) Three years, if the license, permit or privilege to drive of the 11
person has been revoked during the immediately preceding 7 years 12
for failure to submit to an evidentiary test. 13
2. If the result of a test given under NRS 484C.150 or 14
484C.160 shows that a person had a concentration of alcohol of 0.08 15
or more in his or her blood or breath or a detectable amount of a 16
controlled substance or prohibited substance in his or her oral fluid, 17
blood or urine for which he or she did not have a valid prescription, 18
as defined in NRS 453.128, or hold a valid registry identification 19
card, as defined in NRS 678C.080, at the time of the test, the 20
license, permit or privilege of the person to drive must be revoked as 21
provided in NRS 484C.220 and the person is not eligible for a 22
license, permit or privilege for a period of 185 days. 23
3. At any time while a person is not eligible for a license, 24
permit or privilege to drive following a revocation under subsection 25
1 or 2, the person shall install, at his or her own expense, an ignition 26
interlock device in any motor vehicle which the person operates as a 27
condition to obtaining an ignition interlock privilege pursuant to 28
NRS 483.490. 29
4. The Department may provide for an exception to the 30
requirements of subsection 3 and issue a restricted license pursuant 31
to subsection 1 of NRS 483.490 if the Department determines that 32
the person is not a repeat intoxicated driver, as that term is defined 33
in 23 C.F.R. § 1275.3(k), and: 34
(a) The person is unable to provide a deep lung breath sample 35
for analysis by an ignition interlock device, as certified in writing by 36
a physician or an advanced practice registered nurse of the person; 37
or 38
(b) The person resides more than 100 miles from a manufacturer 39
of an ignition interlock device or its agent. 40
5. If a revocation of a person’s license, permit or privilege to 41
drive under NRS 62E.640 or 483.460 follows a revocation under 42
subsection 2 which was based on the person having a concentration 43
of alcohol of 0.08 or more in his or her blood or breath, the 44
Department shall cancel the revocation under that subsection and 45
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give the person credit for any period during which the person was 1
not eligible for a license, permit or privilege. 2
6. If an order to install an ignition interlock device pursuant to 3
NRS 62E.640 or 484C.460 follows the installation of an ignition 4
interlock device pursuant to subsection 3, the court shall give the 5
person day-for-day credit for any period during which the person 6
can provide proof satisfactory to the court that he or she had an 7
ignition interlock device installed as a condition to obtaining an 8
ignition interlock privilege. 9
7. Periods of ineligibility for a license, permit or privilege to 10
drive which are imposed pursuant to this section must run 11
consecutively. 12
Sec. 3. NRS 484C.220 is hereby amended to read as follows: 13
484C.220 1. As agent for the Department, the officer who 14
requested that a test be given pursuant to NRS 484C.150 or 15
484C.160 or who obtained the result of a test given pursuant to NRS 16
484C.150 or 484C.160 shall immediately serve an order of 17
revocation of the license, permit or privilege to drive on a person 18
who failed to submit to a test requested by the police officer 19
pursuant to NRS 484C.160 or who has a concentration of alcohol of 20
0.08 or more in his or her blood or breath or has a detectable amount 21
of a controlled substance or prohibited substance in his or her oral 22
fluid, blood or urine for which he or she did not have a valid 23
prescription, as defined in NRS 453.128, or hold a valid registry 24
identification card, as defined in NRS 678C.080, if that person is 25
present, and shall seize the license or permit to drive of the person. 26
The officer shall then, unless the information is expressly set forth 27
in the order of revocation, advise the person of his or her right to 28
administrative and judicial review of the revocation pursuant to 29
NRS 484C.230 and, except as otherwise provided in this subsection, 30
that the person has a right to request a temporary license. The officer 31
shall also, unless the information is expressly set forth in the order 32
of revocation, advise the person that he or she is required to install 33
an ignition interlock device pursuant to NRS 484C.210. If the 34
person currently is driving with a temporary license that was issued 35
pursuant to this section or NRS 484C.230, the person is not entitled 36
to request an additional temporary license pursuant to this section or 37
NRS 484C.230, and the order of revocation issued by the officer 38
must revoke the temporary license that was previously issued. If the 39
person is entitled to request a temporary license, the officer shall 40
issue the person a temporary license on a form approved by the 41
Department if the person requests one, which is effective for only 7 42
days including the date of issuance. The officer shall immediately 43
transmit the person’s license or permit to the Department along with 44
the written certificate required by subsection 2. 45
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2. When a police officer has served an order of revocation of a 1
driver’s license, permit or privilege on a person pursuant to 2
subsection 1, or later receives the result of an evidentiary test which 3
indicates that a person, not then present, had a concentration of 4
alcohol of 0.08 or more in his or her blood or breath or had a 5
detectable amount of a controlled substance or prohibited substance 6
in his or her oral fluid, blood or urine for which he or she did not 7
have a valid prescription, as defined in NRS 453.128, or hold a valid 8
registry identification card, as defined in NRS 678C.080, the officer 9
shall immediately prepare and transmit to the Department, together 10
with the seized license or permit and a copy of the result of the test, 11
if any, a written certificate that the officer had reasonable grounds to 12
believe that the person had been driving or in actual physical control 13
of a vehicle: 14
(a) With a concentration of alcohol of 0.08 or more in his or her 15
blood or breath or with a detectable amount of a controlled 16
substance or prohibited substance in his or her oral fluid, blood or 17
urine for which he or she did not have a valid prescription, as 18
defined in NRS 453.128, or hold a valid registry identification card, 19
as defined in NRS 678C.080, as determined by a chemical test; or 20
(b) While under the influence of intoxicating liquor or a 21
controlled substance or with a prohibited substance in his or her oral 22
fluid, blood or urine and the person refused to submit to a required 23
evidentiary test. 24
The certificate must also indicate whether the officer served an 25
order of revocation on the person and whether the officer issued the 26
person a temporary license. 27
3. The Department, upon receipt of such a certificate for which 28
an order of revocation has not been served, after examining the 29
certificate and copy of the result of the chemical test, if any, and 30
finding that revocation is proper, shall issue an order revoking the 31
person’s license, permit or privilege to drive by mailing the order to 32
the person at the person’s last known address. The order must 33
indicate the grounds for the revocation and the period during which 34
the person is not eligible for a license, permit or privilege to drive 35
and state that the person has a right to administrative and judicial 36
review of the revocation and to have a temporary license. The order 37
must also state whether the person is required to install an ignition 38
interlock device pursuant to NRS 484C.210. The order of revocation 39
becomes effective 5 days after mailing. 40
4. Notice of an order of revocation and notice of the 41
affirmation of a prior order of revocation or the cancellation of a 42
temporary license provided in NRS 484C.230 is sufficient if it is 43
mailed to the person’s last known address as shown by any 44
application for a license. The date of mailing may be proved by the 45
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certificate of any officer or employee of the Department, specifying 1
the time of mailing the notice. The notice is presumed to have been 2
received upon the expiration of 5 days after it is deposited, postage 3
prepaid, in the United States mail. 4
Sec. 4. NRS 484C.230 is hereby amended to read as follows: 5
484C.230 1. At any time while a person is not eligible for a 6
license, permit or privilege to drive following an order of revocation 7
issued pursuant to NRS 484C.220, the person may request in writing 8
a hearing by the Department to review the order of revocation, but 9
the person is only entitled to one hearing. The hearing must be 10
conducted as soon as is practicable at any location, if the hearing 11
officer permits each party and witness to attend the hearing by 12
telephone, videoconference or other electronic means. The Director 13
or agent of the Director may issue subpoenas for the attendance of 14
witnesses and the production of relevant books and papers and may 15
require a reexamination of the requester. Unless the person is 16
ineligible for a temporary license pursuant to NRS 484C.220, the 17
Department shall issue an additional temporary license for a period 18
which is sufficient to complete the administrative review. A person 19
who is issued a temporary license is not subject to and is exempt 20
during the period of the administrative review from the requirement 21
to install an ignition interlock device pursuant to NRS 484C.210. 22
2. The scope of the hearing must be limited to the issue of 23
whether the person: 24
(a) Failed to submit to a required test provided for in NRS 25
484C.160; or 26
(b) At the time of the test, had a concentration of alcohol of 0.08 27
or more in his or her blood or breath or a detectable amount of a 28
controlled substance or prohibited substance in his or her oral fluid, 29
blood or urine for which he or she did not have a valid prescription, 30
as defined in NRS 453.128, or hold a valid registry identification 31
card, as defined in NRS 678C.080. 32
Upon an affirmative finding on either issue, the Department shall 33
affirm the order of revocation. Otherwise, the order of revocation 34
must be rescinded. 35
3. If, after the hearing, the order of revocation is affirmed, the 36
person whose license, permit or privilege to drive has been revoked 37
shall, if not previously installed, install an ignition interlock device 38
pursuant to NRS 484C.210. 39
4. If, after the hearing, the order of revocation is affirmed, the 40
person whose license, privilege or permit has been revoked is 41
entitled to a review of the same issues in district court in the same 42
manner as provided by chapter 233B of NRS. The court shall notify 43
the Department upon the issuance of a stay, and the Department 44
shall issue an additional temporary license for a period which is 45
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sufficient to complete the review. A person who is issued a 1
temporary license is not subject to and is exempt during the period 2
of the judicial review from the requirement to install an ignition 3
interlock device pursuant to NRS 484C.210. 4
5. If a hearing officer grants a continuance of a hearing at the 5
request of the person whose license was revoked, or a court does so 6
after issuing a stay of the revocation, the officer or court shall notify 7
the Department, and the Department shall cancel the temporary 8
license and notify the holder by mailing the order of cancellation to 9
the person’s last known address. 10
Sec. 5. NRS 484C.240 is hereby amended to read as follows: 11
484C.240 1. If a person refuses to submit to a required 12
chemical test provided for in NRS 484C.150 or 484C.160, evidence 13
of that refusal is admissible in any criminal or administrative action 14
arising out of acts alleged to have been committed while the person 15
was: 16
(a) Driving or in actual physical control of a vehicle while under 17
the influence of intoxicating liquor or a controlled substance or with 18
a prohibited substance in his or her oral fluid, blood or urine; or 19
(b) Engaging in any other conduct prohibited by NRS 484C.110, 20
484C.120, 484C.130 or 484C.430. 21
2. Except as otherwise provided in subsection 3 of NRS 22
484C.150, a court or hearing officer may not exclude evidence of a 23
required test or failure to submit to such a test if the police officer or 24
other person substantially complied with the provisions of NRS 25
484C.150 to 484C.250, inclusive, and 484C.600 to 484C.640, 26
inclusive. 27
3. If a person submits to a chemical test provided for in NRS 28
484C.150 or 484C.160, full information concerning that test must be 29
made available, upon request of the person, to the person or his or 30
her attorney. 31
4. Evidence of a required test is not admissible in a criminal or 32
administrative proceeding unless it is shown by documentary or 33
other evidence that the law enforcement agency calibrated the 34
breath-testing device or oral fluid testing device, as applicable, and 35
otherwise maintained it as required by the regulations of the 36
Committee on Testing for Intoxication [.] and Drug Impairment. 37
Sec. 6. NRS 484C.388 is hereby amended to read as follows: 38
484C.388 “Testing” means any procedure approved by the 39
Committee on Testing for Intoxication and Drug Impairment for 40
determining the concentration of alcohol or the amount of a 41
prohibited substance in a person’s system that is provided for in the 42
applicable guidelines adopted pursuant to NRS 484C.396. 43
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Sec. 7. NRS 484C.510 is hereby amended to read as follows: 1
484C.510 1. If a defendant pleads guilty or guilty but 2
mentally ill to, or is found guilty or guilty but mentally ill of, any 3
violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 and a 4
chemical analysis of his or her blood, urine, breath or other bodily 5
substance was conducted, the court shall, in addition to any penalty 6
provided by law, order the defendant to pay the sum of $60 as a fee 7
for the chemical analysis. Except as otherwise provided in this 8
subsection, any money collected for the chemical analysis must not 9
be deducted from, and is in addition to, any fine otherwise imposed 10
by the court and must be: 11
(a) Collected from the defendant before or at the same time that 12
the fine is collected. 13
(b) Stated separately in the judgment of the court or on the 14
court’s docket. 15
2. All money collected pursuant to subsection 1 must be paid 16
by the clerk of the court to the county or city treasurer, as 17
appropriate, on or before the fifth day of each month for the 18
preceding month. 19
3. The treasurer shall deposit all money received by the 20
treasurer pursuant to subsection 2 in the county or city treasury, as 21
appropriate, for credit to the fund for forensic services created 22
pursuant to NRS 453.575. The money must be accounted for 23
separately within the fund. 24
4. Except as otherwise provided in subsection 5, each month 25
the treasurer shall, from the money credited to the fund pursuant to 26
subsection 3, pay any amount owed for forensic services and deposit 27
any remaining money in the county or city general fund, as 28
appropriate. 29
5. In counties that do not receive forensic services under a 30
contract with the State, the money credited to the fund pursuant to 31
subsection 3: 32
(a) Except as otherwise provided in paragraph (b), must be: 33
(1) Expended to pay for the chemical analyses performed 34
within the county; 35
(2) Expended to purchase and maintain equipment to conduct 36
such analyses; 37
(3) Expended for the training and continuing education of the 38
employees who conduct such analyses; and 39
(4) Paid to law enforcement agencies which conduct such 40
analyses to be used by those agencies in the manner provided in this 41
subsection. 42
(b) May only be expended to cover the costs of chemical 43
analyses conducted by, equipment used by or training for employees 44
of an analytical laboratory that is approved by the Committee on 45
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Testing for Intoxication and Drug Impairment created in 1
NRS 484C.600. 2
Sec. 8. NRS 484C.600 is hereby amended to read as follows: 3
484C.600 1. There is hereby created the Committee on 4
Testing for Intoxication [,] and Drug Impairment, consisting of five 5
members. 6
2. The Director of the Department of Public Safety or his or 7
her delegate is the Chair of the Committee. The remaining members 8
of the Committee are appointed by the Director and serve at the 9
pleasure of the Director. At least three of the members appointed by 10
the Director must be technically qualified in fields related to testing 11
for intoxication [.] and drug impairment. Not more than three 12
members of the Committee may be from any one county. 13
3. The Committee shall meet at the call of the Director of the 14
Department of Public Safety and as frequently as the Committee 15
deems necessary. Three members of the Committee constitute a 16
quorum. If a member is unable to attend a meeting, the member may 17
be represented by an alternate approved by the Director. 18
4. Any person who is aggrieved by a decision of the 19
Committee may appeal in writing to a hearing officer of the 20
Department of Public Safety. 21
Sec. 9. NRS 484C.610 is hereby amended to read as follows: 22
484C.610 1. The Committee on Testing for Intoxication and 23
Drug Impairment shall: 24
(a) In the manner set forth in subsection 2, certify [a device] 25
devices that the Committee determines [is] are designed and 26
manufactured to be accurate and reliable for the purpose of testing a 27
person’s breath to determine the concentration of alcohol in the 28
person’s breath [;] or testing a person’s oral fluid to determine the 29
presence of a controlled substance or prohibited substance in the 30
person’s oral fluid, as applicable; and 31
(b) Create, maintain and make available to the public, free of 32
charge, a list of those devices certified by the Committee, described 33
by manufacturer and type. 34
2. To determine whether a device is designed and 35
manufactured to be accurate and reliable for the purpose of testing a 36
person’s breath to determine the concentration of alcohol in the 37
person’s breath [,] or testing a person’s oral fluid to determine the 38
presence of a controlled substance or prohibited substance in the 39
person’s oral fluid, the Committee may [:] , as applicable: 40
(a) Use the list of qualified products meeting the requirements 41
for evidential breath-testing devices of the National Highway 42
Traffic Safety Administration; or 43
(b) Establish its own standards and procedures for evaluating 44
those devices and obtain evaluations of the devices from the 45
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Director of the Department of Public Safety or the agent of the 1
Director. 2
3. If such a device has been certified by the Committee to be 3
accurate and reliable pursuant to this section, it is presumed that, as 4
designed and manufactured, the device is accurate and reliable for 5
the purpose of testing a person’s breath to determine the 6
concentration of alcohol in the person’s breath [.] or testing a 7
person’s oral fluid to determine the presence of a controlled 8
substance or prohibited substance in the person’s oral fluid, as 9
applicable. 10
4. This section does not preclude the admission of evidence of 11
the concentration of alcohol in a person’s breath or the presence of 12
a controlled substance or prohibited substance in a person’s oral 13
fluid where the information is obtained through the use of a device 14
other than one of a type certified by the Committee. 15
Sec. 10. NRS 484C.620 is hereby amended to read as follows: 16
484C.620 1. The Committee on Testing for Intoxication and 17
Drug Impairment shall adopt regulations which: 18
(a) Prescribe standards and procedures for calibrating devices 19
used for testing a person’s breath to determine the concentration of 20
alcohol in the person’s breath [.] or testing a person’s oral fluid to 21
determine the presence of a controlled substance or prohibited 22
substance in the person’s oral fluid, as applicable. The regulations 23
must specify the period within which a law enforcement agency that 24
uses such a device must calibrate it or have it calibrated by the 25
Director of the Department of Public Safety or the agent of the 26
Director. 27
(b) Establish methods for ascertaining the competence of 28
persons to calibrate such devices and provide for the examination 29
and certification of those persons by the Department of Public 30
Safety. A certificate issued by the Department may not be made 31
effective for longer than 3 years. 32
(c) Prescribe the form and contents of records respecting the 33
calibration of such devices which must be kept by a law 34
enforcement agency and any other records respecting the 35
maintenance or operation of those devices which it finds should be 36
kept by such an agency. 37
2. The Director of the Department of Public Safety shall issue a 38
certificate to any person who is found competent to calibrate such a 39
device or examine others on their competence in that calibration. 40
Sec. 11. NRS 484C.630 is hereby amended to read as follows: 41
484C.630 1. The Committee on Testing for Intoxication and 42
Drug Impairment shall adopt regulations which: 43
(a) Establish methods for ascertaining the competence of 44
persons to: 45
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(1) Operate devices for testing a person’s breath to determine 1
the concentration of alcohol in the person’s breath [.] or testing a 2
person’s oral fluid to determine the presence of a controlled 3
substance or prohibited substance in the person’s oral fluid, as 4
applicable. 5
(2) Examine prospective operators and determine their 6
competence. 7
(b) Provide for certification of operators and examiners by the 8
Department of Public Safety. A certificate issued by the Department 9
may not be made effective for longer than 3 years. 10
A person who is certified as an examiner is presumed to be 11
certified as an operator. 12
2. The Director of the Department of Public Safety shall issue a 13
certificate to any person who is found competent to operate such a 14
device or examine others on their competence in that operation. 15
3. A court shall take judicial notice of the certification of a 16
person to operate devices of one of the certified types. If a test to 17
determine the concentration of alcohol in a person’s breath or the 18
presence of a controlled substance or prohibited substance in a 19
person’s oral fluid has been performed with a certified type of 20
device by a person who is certified pursuant to this section, it is 21
presumed that the person operated the device properly. 22
4. This section does not preclude the admission of evidence of 23
a test of a person’s breath or oral fluid where the test has been 24
performed by a person other than one who is certified pursuant to 25
this section. 26
Sec. 12. NRS 484C.640 is hereby amended to read as follows: 27
484C.640 1. The Committee on Testing for Intoxication and 28
Drug Impairment may adopt regulations that require: 29
(a) The calibration of devices which are used to test a person’s 30
blood or urine to determine the concentration of alcohol or the 31
presence of a controlled substance or another prohibited substance 32
in the person’s blood or urine; 33
(b) The certification of persons who make those calibrations; 34
(c) The certification of persons who operate devices for testing a 35
person’s blood or urine to determine the concentration of alcohol or 36
presence of a controlled substance or another prohibited substance 37
in the person’s blood or urine; and 38
(d) The certification of persons who examine those operators. 39
2. The Committee may adopt regulations that prescribe the 40
essential procedures for the proper operation of the various types of 41
devices used to test a person’s blood or urine to determine the 42
concentration of alcohol or the presence of a controlled substance or 43
another prohibited substance in the person’s blood or urine. 44
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Sec. 13. NRS 488.440 is hereby amended to read as follows: 1
488.440 1. If a defendant pleads guilty or guilty but mentally 2
ill to, or is found guilty or guilty but mentally ill of, a violation of 3
NRS 488.410, 488.420 or 488.425 and a chemical analysis of his or 4
her blood, urine, breath or other bodily substance was conducted, 5
the court shall, in addition to any penalty provided by law, order the 6
defendant to pay the sum of $60 as a fee for the chemical analysis. 7
Except as otherwise provided in this subsection, any money 8
collected for the chemical analysis must not be deducted from, and 9
is in addition to, any fine otherwise imposed by the court and must 10
be: 11
(a) Collected from the defendant before or at the same time that 12
the fine is collected. 13
(b) Stated separately in the judgment of the court or on the 14
court’s docket. 15
2. All money collected pursuant to subsection 1 must be paid 16
by the clerk of the court to the county or city treasurer, as 17
appropriate, on or before the fifth day of each month for the 18
preceding month. 19
3. The treasurer shall deposit all money received pursuant to 20
subsection 2 in the county or city treasury, as appropriate, for credit 21
to the fund for forensic services created pursuant to NRS 453.575. 22
The money must be accounted for separately within the fund. 23
4. Except as otherwise provided in subsection 5, each month 24
the treasurer shall, from the money credited to the fund pursuant to 25
subsection 3, pay any amount owed for forensic services and deposit 26
any remaining money in the county or city general fund, as 27
appropriate. 28
5. In counties that do not receive forensic services under a 29
contract with the State, the money credited to the fund pursuant to 30
subsection 3: 31
(a) Except as otherwise provided in paragraph (b), must be: 32
(1) Expended to pay for the chemical analyses performed 33
within the county; 34
(2) Expended to purchase and maintain equipment to conduct 35
such analyses; 36
(3) Expended for the training and continuing education of the 37
employees who conduct such analyses; and 38
(4) Paid to law enforcement agencies which conduct such 39
analyses to be used by those agencies in the manner provided in this 40
subsection. 41
(b) May only be expended to cover the costs of chemical 42
analyses conducted by, equipment used by or training for employees 43
of an analytical laboratory that is approved by the Committee on 44
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Testing for Intoxication and Drug Impairment created in 1
NRS 484C.600. 2
Sec. 14. NRS 488.450 is hereby amended to read as follows: 3
488.450 1. Any person who operates or is in actual physical 4
control of a vessel under power or sail on the waters of this State 5
shall be deemed to have given consent to a preliminary test of his or 6
her breath or oral fluid to determine the concentration of alcohol in 7
his or her breath or the presence of a controlled substance or 8
prohibited substance in his or her oral fluid, as applicable, when 9
the test is administered at the request of a peace officer after a vessel 10
accident or collision or where an officer stops a vessel, if the officer 11
has reasonable grounds to believe that the person to be tested was: 12
(a) Operating or in actual physical control of a vessel under 13
power or sail while under the influence of intoxicating liquor or a 14
controlled substance; or 15
(b) Engaging in any other conduct prohibited by NRS 488.410, 16
488.420 or 488.425. 17
2. If the person fails to submit to the test, the officer shall, if 18
reasonable grounds otherwise exist, arrest the person and take him 19
or her to a convenient place for the administration of a reasonably 20
available evidentiary test under NRS 488.460. 21
3. The result of the preliminary test must not be used in any 22
criminal action, except to show there were reasonable grounds to 23
make an arrest. 24
Sec. 15. NRS 488.480 is hereby amended to read as follows: 25
488.480 1. If a person refuses to submit to a required 26
chemical test provided for in NRS 488.450 or 488.460, evidence of 27
that refusal is admissible in any criminal action arising out of acts 28
alleged to have been committed while the person was: 29
(a) Operating or in actual physical control of a vessel under 30
power or sail while under the influence of intoxicating liquor or a 31
controlled substance; or 32
(b) Engaging in any other conduct prohibited by NRS 488.410, 33
488.420 or 488.425. 34
2. Except as otherwise provided in subsection 3 of NRS 35
488.450, a court may not exclude evidence of a required test or 36
failure to submit to such a test if the peace officer or other person 37
substantially complied with the provisions of NRS 488.450 to 38
488.500, inclusive. 39
3. If a person submits to a chemical test provided for in NRS 40
488.450 or 488.460, full information concerning that test must be 41
made available, upon request, to the person or the person’s attorney. 42
4. Evidence of a required test is not admissible in a criminal 43
proceeding unless it is shown by documentary or other evidence that 44
the device for testing breath or oral fluid, as applicable, was 45
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certified pursuant to NRS 484C.610 and was calibrated, maintained 1
and operated as provided by the regulations of the Committee on 2
Testing for Intoxication and Drug Impairment adopted pursuant to 3
NRS 484C.620, 484C.630 or 484C.640. 4
5. If the device for testing breath or oral fluid, as applicable, 5
has been certified by the Committee on Testing for Intoxication and 6
Drug Impairment to be accurate and reliable pursuant to NRS 7
484C.610, it is presumed that, as designed and manufactured, the 8
device is accurate and reliable for the purpose of testing a person’s 9
breath to determine the concentration of alcohol in the person’s 10
breath [.] or testing a person’s oral fluid to determine the presence 11
of a controlled substance or prohibited substance in the person’s 12
oral fluid, as applicable. 13
6. A court shall take judicial notice of the certification by the 14
Director of a person to operate testing devices of one of the certified 15
types. If a test to determine the amount of alcohol in a person’s 16
breath or the presence of a controlled substance or prohibited 17
substance in a person’s oral fluid has been performed with a 18
certified type of device by a person who is certified pursuant to NRS 19
484C.630 or 484C.640, it is presumed that the person operated the 20
device properly. 21
7. This section does not preclude the admission of evidence of 22
a test of a person’s breath or oral fluid where the: 23
(a) Information is obtained through the use of a device other 24
than one of a type certified by the Committee on Testing for 25
Intoxication [.] and Drug Impairment. 26
(b) Test has been performed by a person other than one who is 27
certified by the Director. 28
8. As used in this section, “Director” means the Director of the 29
Department of Public Safety. 30
Sec. 16. NRS 50.315 is hereby amended to read as follows: 31
50.315 1. Except as otherwise provided in subsections 6 and 32
7, the affidavit or declaration of a person is admissible in evidence 33
in any criminal or administrative proceeding to prove: 34
(a) That the affiant or declarant has been certified by the 35
Director of the Department of Public Safety as being competent to 36
operate devices of a type certified by the Committee on Testing for 37
Intoxication and Drug Impairment as accurate and reliable for 38
testing a person’s breath to determine the concentration of alcohol in 39
his or her breath [;] or testing a person’s oral fluid to determine the 40
presence of a controlled substance or prohibited substance in his 41
or her oral fluid, as applicable; 42
(b) The identity of a person from whom the affiant or declarant 43
obtained a sample of breath [;] or oral fluid; and 44
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(c) That the affiant or declarant tested the sample using a device 1
of a type so certified and that the device was functioning properly. 2
2. Except as otherwise provided in subsections 6 and 7, the 3
affidavit or declaration of a person who has examined a prepared 4
chemical solution or gas that has been used in calibrating, or 5
verifying the calibration of, a device for testing another’s breath to 6
determine the concentration of alcohol in his or her breath or a 7
device for testing another’s oral fluid to determine the presence of 8
a controlled substance or prohibited substance in his or her oral 9
fluid is admissible in evidence in any criminal or administrative 10
proceeding to prove: 11
(a) The occupation of the affiant or declarant; and 12
(b) That the solution or gas has the chemical composition 13
necessary for use in accurately calibrating, or verifying the 14
calibration of, the device. 15
3. Except as otherwise provided in subsections 6 and 7, the 16
affidavit or declaration of a person who calibrates a device for 17
testing another’s breath to determine the concentration of alcohol in 18
his or her breath or a device for testing another’s oral fluid to 19
determine the presence of a controlled substance or prohibited 20
substance in his or her oral fluid is admissible in evidence in any 21
criminal or administrative proceeding to prove: 22
(a) The occupation of the affiant or declarant; 23
(b) That on a specified date the affiant or declarant calibrated the 24
device at a named law enforcement agency by using the procedures 25
and equipment prescribed in the regulations of the Committee on 26
Testing for Intoxication [;] and Drug Impairment; 27
(c) That the calibration was performed within the period 28
required by the Committee’s regulations; and 29
(d) Upon completing the calibration of the device, it was 30
operating properly. 31
4. Except as otherwise provided in subsections 6 and 7, the 32
affidavit or declaration made under the penalty of perjury of a 33
person who withdraws a sample of oral fluid or blood from another 34
for analysis by an expert as set forth in NRS 50.320 is admissible in 35
any criminal or administrative proceeding to prove: 36
(a) The occupation of the affiant or declarant; 37
(b) The identity of the person from whom the affiant or 38
declarant withdrew the sample; 39
(c) The fact that the affiant or declarant kept the sample in his or 40
her sole custody or control and in substantially the same condition 41
as when he or she first obtained it until delivering it to another; and 42
(d) The identity of the person to whom the affiant or declarant 43
delivered it. 44
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5. Except as otherwise provided in subsections 6 and 7, the 1
affidavit or declaration of a person who receives from another a 2
sample of oral fluid, blood or urine or other tangible evidence that is 3
alleged to contain alcohol or a controlled substance, chemical, 4
poison, organic solvent or another prohibited substance may be 5
admitted in any criminal or civil or administrative proceeding to 6
prove: 7
(a) The occupation of the affiant or declarant; 8
(b) The fact that the affiant or declarant received a sample or 9
other evidence from another person and kept it in his or her sole 10
custody or control in substantially the same condition as when he or 11
she first received it until delivering it to another; and 12
(c) The identity of the person to whom the affiant or declarant 13
delivered it. 14
6. If, not later than 10 days before the date set for trial or such 15
shorter time before the date set for trial as authorized by the court, 16
the defendant objects in writing to admitting into evidence the 17
affidavit or declaration, the court shall not admit the affidavit or 18
declaration into evidence and may order the prosecution to produce 19
the witness and may continue the trial for any time the court deems 20
reasonably necessary to receive such testimony. The time within 21
which a trial is required is extended by the time of the continuance. 22
7. During any trial in which the defendant has been accused of 23
committing a felony, the defendant may object in writing to 24
admitting into evidence an affidavit or declaration described in this 25
section. If the defendant makes such an objection, the court shall not 26
admit the affidavit or declaration into evidence and the prosecution 27
may cause the person to testify to any information contained in the 28
affidavit or declaration. 29
8. The Committee on Testing for Intoxication and Drug 30
Impairment shall adopt regulations prescribing the form of the 31
affidavits and declarations described in this section. 32
Sec. 17. NRS 50.320 is hereby amended to read as follows: 33
50.320 1. The affidavit or declaration of a chemist and any 34
other person who has qualified in a court of record in this State to 35
testify as an expert witness regarding the presence in the breath, oral 36
fluid, blood or urine of a person of alcohol, a controlled substance, 37
or a chemical, poison, organic solvent or another prohibited 38
substance, or the identity or quantity of a controlled substance 39
alleged to have been in the possession of a person, which is 40
submitted to prove: 41
(a) The quantity of the purported controlled substance; or 42
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(b) The concentration of alcohol or the presence or absence of a 1
controlled substance, chemical, poison, organic solvent or another 2
prohibited substance, as the case may be, 3
is admissible in the manner provided in this section. 4
2. An affidavit or declaration which is submitted to prove any 5
fact set forth in subsection 1 must be admitted into evidence when 6
submitted during any administrative proceeding, preliminary 7
hearing or hearing before a grand jury. The court shall not sustain 8
any objection to the admission of such an affidavit or declaration. 9
3. The defendant may object in writing to admitting into 10
evidence an affidavit or declaration submitted to prove any fact set 11
forth in subsection 1 during the defendant’s trial. If the defendant 12
makes such an objection, the court shall not admit the affidavit or 13
declaration into evidence and the prosecuting attorney may cause 14
the person to testify to any information contained in the affidavit or 15
declaration. 16
4. The Committee on Testing for Intoxication and Drug 17
Impairment shall adopt regulations prescribing the form of the 18
affidavits and declarations described in this section. 19
5. As used in this section, “chemist” means any person 20
employed in a medical laboratory, pathology laboratory, toxicology 21
laboratory or forensic laboratory whose duties include, without 22
limitation: 23
(a) The analysis of the breath, oral fluid, blood or urine of a 24
person to determine the presence or quantification of alcohol or a 25
controlled substance, chemical, poison, organic solvent or another 26
prohibited substance; or 27
(b) Determining the identity or quantity of any controlled 28
substance. 29
Sec. 18. NRS 629.065 is hereby amended to read as follows: 30
629.065 1. Each custodian of health care records shall, upon 31
request, make available to a law enforcement agent or district 32
attorney the health care records of a patient which relate to a test of 33
the [blood,] breath , oral fluid, blood or urine of the patient if: 34
(a) The patient is suspected of having violated NRS 484C.110, 35
484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 36
488.410, 488.420 or 488.425; and 37
(b) The records would aid in the related investigation. 38
To the extent possible, the custodian shall limit the inspection to 39
the portions of the records which pertain to the presence of alcohol 40
or a controlled substance, chemical, poison, organic solvent or 41
another prohibited substance in the [blood,] breath , oral fluid, 42
blood or urine of the patient. 43
2. The records must be made available at a place within the 44
depository convenient for physical inspection. Inspection must be 45
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permitted at all reasonable office hours and for a reasonable length 1
of time. The custodian of health care records shall also furnish a 2
copy of the records to each law enforcement agent or district 3
attorney described in subsection 1 who requests the copy and pays 4
the costs of reproducing the copy. 5
3. Records made available pursuant to this section may be 6
presented as evidence during a related administrative or criminal 7
proceeding against the patient. 8
4. A custodian of health care records and his or her agents and 9
employees are immune from any civil action for any disclosures 10
made in accordance with the provisions of this section or any 11
consequential damages. 12
5. As used in this section, “prohibited substance” has the 13
meaning ascribed to it in NRS 484C.080. 14
Sec. 19. The Legislative Counsel shall: 15
1. In preparing the reprint and supplements to the Nevada 16
Revised Statutes, appropriately change any references to an officer, 17
agency or other entity whose name is changed or whose 18
responsibilities are transferred pursuant to the provisions of this act 19
to refer to the appropriate officer, agency or other entity. 20
2. In preparing supplements to the Nevada Administrative 21
Code, appropriately change any references to an officer, agency or 22
other entity whose name is changed or whose responsibilities are 23
transferred pursuant to the provisions of this act to refer to the 24
appropriate officer, agency or other entity. 25
Sec. 20. This act becomes effective on July 1, 2023. 26
H