A.B. 175
- *AB175*
ASSEMBLY BILL NO. 175–ASSEMBLYMEMBER HIBBETTS
PREFILED FEBRUARY 2, 2025
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to public safety.
(BDR 43-162)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; revising the penalties for a person
who drives a motor vehicle or commercial motor vehicle
while under the influence of alcohol or certain other
substances; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law prohibits a person from operating a motor vehicle or commercial 1
motor vehicle while under the influence of alcohol or certain other substances. 2
(NRS 484C.110, 484C.120) Except in certain circumstances where a greater 3
penalty applies, a person who violates such existing law is subject to a penalty 4
based upon the number of offenses committed within a period of 7 years. (NRS 5
484C.400) Section 2 of this bill increases this period from 7 years to 10 years. The 6
remaining sections of this bill make conforming changes to reflect the change in 7
section 2. 8
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.460 is hereby amended to read as follows: 1
483.460 1. Except as otherwise provided by specific statute, 2
the Department shall revoke the license, permit or privilege of any 3
driver upon receiving a record of his or her conviction of any of the 4
following offenses, when that conviction has become final, and the 5
driver is not eligible for a license, permit or privilege to drive for 6
the period indicated: 7
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(a) For a period of 185 days, if the offense is a first violation 1
within [7] 10 years of NRS 484C.110 or 484C.120. 2
(b) For a period of 1 year if the offense is: 3
(1) Except as otherwise provided in paragraph (c), any 4
manslaughter, including vehicular manslaughter as described in 5
NRS 484B.657, resulting from the driving of a motor vehicle or 6
felony in the commission of which a motor vehicle is used, 7
including the unlawful taking of a motor vehicle. 8
(2) Failure to stop and render aid as required pursuant to the 9
laws of this State in the event of a motor vehicle crash resulting in 10
the death or bodily injury of another. 11
(3) Perjury or the making of a false affidavit or statement 12
under oath to the Department pursuant to NRS 483.010 to 483.630, 13
inclusive, or pursuant to any other law relating to the ownership or 14
driving of motor vehicles. 15
(4) Conviction, or forfeiture of bail not vacated, upon three 16
charges of reckless driving committed within a period of 12 months. 17
(5) A second violation within [7] 10 years of NRS 484C.110 18
or 484C.120. 19
(6) A violation of NRS 484B.550. 20
(c) For a period of 3 years if the offense is: 21
(1) A first violation of driving without an ignition interlock 22
device or tampering with an ignition interlock device pursuant to 23
subsection 2 of NRS 484C.470 and the driver is not eligible for a 24
restricted license or an ignition interlock privilege during any of that 25
period. 26
(2) A violation of subsection 9 of NRS 484B.653. 27
(3) A third or subsequent violation within [7] 10 years of 28
NRS 484C.110 or 484C.120. 29
(4) A violation of NRS 484C.110 or 484C.120 resulting in a 30
felony conviction pursuant to NRS 484C.400 or 484C.410. 31
(5) A violation of NRS 484C.430 or a homicide resulting 32
from driving or being in actual physical control of a vehicle while 33
under the influence of intoxicating liquor or a controlled substance 34
or resulting from any other conduct prohibited by NRS 484C.110, 35
484C.130 or 484C.430. 36
The period during which such a driver is not eligible for a 37
license, permit or privilege to drive must be set aside during any 38
period of imprisonment and the period of revocation must resume 39
when the Department is notified pursuant to NRS 209.517 or 40
213.12185 that the person has completed the period of 41
imprisonment or that the person has been placed on residential 42
confinement or parole. 43
(d) For a period of 5 years if the offense is a second or 44
subsequent violation of driving without an ignition interlock device 45
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or tampering with an ignition interlock device pursuant to 1
subsection 2 of NRS 484C.470 and the driver is not eligible for a 2
restricted license or an ignition interlock privilege during any of that 3
period. 4
2. The Department shall revoke the license, permit or privilege 5
of a driver convicted of violating NRS 484C.110 or 484C.120 who 6
fails to complete the educational course on the use of alcohol and 7
controlled substances within the time ordered by the court and shall 8
add a period of 90 days during which the driver is not eligible for a 9
license, permit or privilege to drive. 10
3. When the Department is notified by a court that a person 11
who has been convicted of a first violation within [7] 10 years of 12
NRS 484C.110 has been permitted to enter a program of treatment 13
pursuant to NRS 484C.320, the Department shall reduce by one-half 14
the period during which the person is not eligible for a license, 15
permit or privilege to drive, but shall restore that reduction in time if 16
notified that the person was not accepted for or failed to complete 17
the treatment. 18
4. In addition to any other requirements set forth by specific 19
statute, if the Department is notified that a court has ordered the 20
revocation, suspension or delay in the issuance of a license pursuant 21
to title 5 of NRS, NRS 206.330 or 392.148, chapters 484A to 484E, 22
inclusive, of NRS or any other provision of law, the Department 23
shall take such actions as are necessary to carry out the court’s 24
order. 25
Sec. 2. NRS 484C.400 is hereby amended to read as follows: 26
484C.400 1. Unless a greater penalty is provided pursuant to 27
NRS 484C.430 or 484C.440, and except as otherwise provided in 28
NRS 484C.394 or 484C.410, a person who violates the provisions 29
of NRS 484C.110 or 484C.120: 30
(a) For the first offense within [7] 10 years, is guilty of a 31
misdemeanor. Unless the person is allowed to undergo treatment as 32
provided in NRS 484C.320, the court shall: 33
(1) Except as otherwise provided in subparagraph (4) of this 34
paragraph or subsection 3 of NRS 484C.420, order the person to pay 35
tuition for an educational course on alcohol or other substance use 36
disorders approved by the Department and complete the course 37
within the time specified in the order, and the court shall notify the 38
Department if the person fails to complete the course within the 39
specified time; 40
(2) Unless the sentence is reduced pursuant to 41
NRS 484C.320: 42
(I) Sentence the person to imprisonment for not less than 43
2 days nor more than 6 months in jail or residential confinement for 44
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not less than 2 days nor more than 6 months, in the manner provided 1
in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or 2
(II) Order the person to perform not less than 48 hours, 3
but not more than 96 hours, of community service; 4
(3) Fine the person not less than $400 nor more than $1,000; 5
and 6
(4) If the person is found to have a concentration of alcohol 7
of 0.18 or more in his or her blood or breath, order the person to 8
attend a program of treatment for an alcohol or other substance use 9
disorder pursuant to the provisions of NRS 484C.360. 10
(b) For a second offense within [7] 10 years, is guilty of a 11
misdemeanor. Unless the sentence is reduced pursuant to NRS 12
484C.330, the court shall: 13
(1) Sentence the person to: 14
(I) Imprisonment for not less than 10 days nor more than 15
6 months in jail; or 16
(II) Residential confinement for not less than 10 days nor 17
more than 6 months, in the manner provided in NRS 4.376 to 18
4.3766, inclusive, or 5.0755 to 5.078, inclusive; 19
(2) Fine the person not less than $750 nor more than $1,000, 20
or order the person to perform an equivalent number of hours of 21
community service; and 22
(3) Order the person to attend a program of treatment for an 23
alcohol or other substance use disorder pursuant to the provisions of 24
NRS 484C.360. 25
A person who willfully fails or refuses to complete successfully a 26
term of residential confinement or a program of treatment ordered 27
pursuant to this paragraph is guilty of a misdemeanor. 28
(c) Except as otherwise provided in NRS 484C.340, for a third 29
offense within [7] 10 years, is guilty of a category B felony and the 30
court: 31
(1) Shall: 32
(I) Sentence the person to imprisonment in the state 33
prison for a minimum term of not less than 1 year and a maximum 34
term of not more than 6 years; and 35
(II) Fine the person not less than $2,000 nor more than 36
$5,000; and 37
(2) May order the person to attend a program of treatment for 38
an alcohol or other substance use disorder pursuant to the provisions 39
of NRS 484C.360 if the results of an evaluation conducted pursuant 40
to NRS 484C.300 indicate that the person has an alcohol or other 41
substance use disorder and that the person can be treated 42
successfully for his or her condition. 43
An offender who is imprisoned pursuant to the provisions of this 44
paragraph must, insofar as practicable, be segregated from offenders 45
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whose crimes were violent and, insofar as practicable, be assigned 1
to an institution or facility of minimum security. 2
2. An offense that occurred within [7] 10 years immediately 3
preceding the date of the principal offense or after the principal 4
offense constitutes a prior offense for the purposes of this section: 5
(a) When evidenced by a conviction; or 6
(b) If the offense is conditionally dismissed or the judgment of 7
conviction is set aside pursuant to NRS 176A.240, 176A.260 or 8
176A.290 or dismissed in connection with successful completion of 9
a diversionary program or specialty court program, 10
without regard to the sequence of the offenses and convictions. 11
The facts concerning a prior offense must be alleged in the 12
complaint, indictment or information, must not be read to the jury or 13
proved at trial but must be proved at the time of sentencing and, if 14
the principal offense is alleged to be a felony, must also be shown at 15
the preliminary examination or presented to the grand jury. 16
3. A term of confinement imposed pursuant to the provisions 17
of this section may be served intermittently at the discretion of the 18
judge or justice of the peace, except that a person who is convicted 19
of a second or subsequent offense within [7] 10 years must be 20
confined for at least one segment of not less than 48 consecutive 21
hours. This discretion must be exercised after considering all the 22
circumstances surrounding the offense, and the family and 23
employment of the offender, but any sentence of 30 days or less 24
must be served within 6 months after the date of conviction or, if the 25
offender was sentenced pursuant to NRS 484C.320 or 484C.330 and 26
the suspension of his or her sentence was revoked, within 6 months 27
after the date of revocation. Any time for which the offender is 28
confined must consist of not less than 24 consecutive hours. 29
4. Jail sentences simultaneously imposed pursuant to this 30
section and NRS 482.456, 483.560, 484C.410 or 485.330 must run 31
consecutively. 32
5. If the defendant was transporting a person who is less than 33
15 years of age in the motor vehicle at the time of the violation, the 34
court shall consider that fact as an aggravating factor in determining 35
the sentence of the defendant. 36
6. For the purpose of determining whether one offense occurs 37
within [7] 10 years of another offense, any period of time between 38
the two offenses during which, for any such offense, the offender is 39
imprisoned, serving a term of residential confinement, placed under 40
the supervision of a treatment provider, on parole or on probation 41
must be excluded. 42
7. As used in this section, unless the context otherwise 43
requires, “offense” means: 44
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 45
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(b) A homicide resulting from driving or being in actual 1
physical control of a vehicle while under the influence of 2
intoxicating liquor or a controlled substance or resulting from any 3
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 4
or 5
(c) A violation of a law of any other jurisdiction that prohibits 6
the same or similar conduct as set forth in paragraph (a) or (b). 7
Sec. 3. NRS 484C.410 is hereby amended to read as follows: 8
484C.410 1. Unless a greater penalty is provided in NRS 9
484C.440, a person who has previously been convicted of: 10
(a) A violation of NRS 484C.110 or 484C.120 that is punishable 11
as a felony pursuant to paragraph (c) of subsection 1 of 12
NRS 484C.400; 13
(b) A violation of NRS 484C.430; 14
(c) A homicide resulting from driving or being in actual physical 15
control of a vehicle while under the influence of intoxicating liquor 16
or a controlled substance or resulting from any other conduct 17
prohibited by NRS 484C.110, 484C.130 or 484C.430; 18
(d) A violation of a law of any other jurisdiction that prohibits 19
the same or similar conduct as set forth in paragraph (a), (b) or (c); 20
or 21
(e) A violation of NRS 484C.110 or 484C.120 that is punishable 22
pursuant to paragraph (c) of subsection 1 of NRS 484C.400 that was 23
reduced from a felony pursuant to NRS 484C.340, 24
and who violates the provisions of NRS 484C.110 or 484C.120 is 25
guilty of a category B felony and shall be punished by imprisonment 26
in the state prison for a minimum term of not less than 2 years and a 27
maximum term of not more than 15 years, and shall be further 28
punished by a fine of not less than $2,000 nor more than $5,000. An 29
offender so imprisoned must, insofar as practicable, be segregated 30
from offenders whose crimes were violent and, insofar as 31
practicable, be assigned to an institution or facility of minimum 32
security. 33
2. An offense which is listed in paragraphs (a) to (e), inclusive, 34
of subsection 1 that occurred on any date preceding the date of the 35
principal offense or after the principal offense constitutes a prior 36
offense for the purposes of this section when evidenced by a 37
conviction, without regard for the sequence of the offenses and 38
convictions. The facts concerning a prior offense must be alleged in 39
the complaint, indictment or information, must not be read to the 40
jury or proved at trial but must be proved at the time of sentencing 41
and, if the principal offense is alleged to be a felony, must also be 42
shown at the preliminary examination or presented to the grand jury. 43
3. A term of confinement imposed pursuant to the provisions 44
of this section may be served intermittently at the discretion of the 45
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judge or justice of the peace, except that a person who is convicted 1
of a second or subsequent offense within [7] 10 years must be 2
confined for at least one segment of not less than 48 consecutive 3
hours. This discretion must be exercised after considering all the 4
circumstances surrounding the offense, and the family and 5
employment of the offender, but any sentence of 30 days or less 6
must be served within 6 months after the date of conviction or, if the 7
offender was sentenced pursuant to NRS 484C.320 or 484C.330 and 8
the suspension of offender’s sentence was revoked, within 6 months 9
after the date of revocation. Any time for which the offender is 10
confined must consist of not less than 24 consecutive hours. 11
4. Jail sentences simultaneously imposed pursuant to this 12
section and NRS 482.456, 483.560, 484C.400 or 485.330 must run 13
consecutively. 14
5. If the defendant was transporting a person who is less than 15
15 years of age in the motor vehicle at the time of the violation, the 16
court shall consider that fact as an aggravating factor in determining 17
the sentence of the defendant. 18
6. For the purpose of determining whether one offense occurs 19
within [7] 10 years of another offense, any period of time between 20
the two offenses during which, for any such offense, the offender is 21
imprisoned, serving a term of residential confinement, placed under 22
the supervision of a treatment provider, on parole or on probation 23
must be excluded. 24
7. As used in this section, unless the context otherwise 25
requires, “offense” means: 26
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 27
(b) A homicide resulting from driving or being in actual 28
physical control of a vehicle while under the influence of 29
intoxicating liquor or a controlled substance or resulting from any 30
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 31
or 32
(c) A violation of a law of any other jurisdiction that prohibits 33
the same or similar conduct as set forth in paragraph (a) or (b). 34
Sec. 4. NRS 484C.460 is hereby amended to read as follows: 35
484C.460 1. Except as otherwise provided in subsections 2 36
and 5, a court shall order a person to install, at his or her own 37
expense, an ignition interlock device in any motor vehicle which the 38
person operates as a condition to obtaining an ignition interlock 39
privilege pursuant to NRS 483.490 to reinstate the driving privilege 40
of the person: 41
(a) For a period of 185 days if the person is convicted of a first 42
violation within [7] 10 years of NRS 484C.110. 43
(b) For a period of 1 year if the person is convicted of a second 44
violation within [7] 10 years of NRS 484C.110. 45
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(c) For a period of 3 years if the person is convicted of: 1
(1) A violation of NRS 484C.110 or 484C.120 that is 2
punishable as a felony pursuant to NRS 484C.400 or 484C.410; or 3
(2) A violation of NRS 484C.130 or 484C.430. 4
2. A court may provide for an exception to the provisions of 5
subsection 1 for a person who is convicted of a violation of NRS 6
484C.110 that is punishable pursuant to paragraph (a) of subsection 7
1 of NRS 484C.400, if the court determines that: 8
(a) The person is unable to provide a deep lung breath sample 9
for analysis by an ignition interlock device, as certified in writing by 10
a physician or an advanced practice registered nurse of the person; 11
or 12
(b) The person resides more than 100 miles from a manufacturer 13
of an ignition interlock device or its agent. 14
3. If the court orders a person to install an ignition interlock 15
device pursuant to subsection 1: 16
(a) The court shall immediately prepare and transmit a copy of 17
its order to the Director. The order must include a statement that an 18
ignition interlock device is required and the specific period for 19
which it is required. The Director shall cause this information to be 20
incorporated into the records of the Department and noted on the 21
person’s ignition interlock privilege. 22
(b) The person who is required to install the ignition interlock 23
device shall provide proof of compliance to the Department before 24
the person may receive an ignition interlock privilege. Each model 25
of an ignition interlock device installed pursuant to this section must 26
have been certified by the Department of Public Safety. 27
4. A person who obtains an ignition interlock privilege 28
pursuant to this section or NRS 483.490 shall have the ignition 29
interlock device inspected, calibrated, monitored and maintained by 30
the manufacturer of the ignition interlock device or its agent at least 31
one time each 90 days during the period in which the person is 32
required to use the ignition interlock device to determine whether 33
the ignition interlock device is operating properly. Any inspection, 34
calibration, monitoring or maintenance required pursuant to this 35
subsection must be conducted in accordance with regulations 36
adopted pursuant to NRS 484C.480. The manufacturer or its agent 37
shall submit a report to the Director of the Department of Public 38
Safety indicating whether any of the incidents listed in subsection 1 39
of NRS 484C.470 have occurred and whether the ignition interlock 40
device has been tampered with. Before the court imposes a penalty 41
pursuant to subsection 3 of NRS 484C.470, the court shall afford 42
any interested party an opportunity for a hearing after reasonable 43
notice. 44
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5. If a person is required to operate a motor vehicle in the 1
course and scope of his or her employment and the motor vehicle is 2
owned by the person’s employer, the person may operate that 3
vehicle without the installation of an ignition interlock device, if: 4
(a) The employee notifies his or her employer that the employee 5
has been issued an ignition interlock privilege; and 6
(b) The employee has proof of that notification in his or her 7
possession or the notice, or a facsimile copy thereof, is with the 8
motor vehicle. 9
This exemption does not apply to a motor vehicle owned by a 10
business which is all or partly owned or controlled by the person 11
otherwise subject to this section. 12
6. The running of the period during which a person is required 13
to have an ignition interlock device installed pursuant to this section 14
commences when the Department issues an ignition interlock 15
privilege to the person and is tolled whenever and for as long as the 16
person is, with regard to a violation of NRS 484C.110, 484C.120, 17
484C.130 or 484C.430, imprisoned, serving a term of residential 18
confinement, placed under the supervision of a treatment provider, 19
on parole or on probation. 20
Sec. 5. NRS 484C.520 is hereby amended to read as follows: 21
484C.520 1. If a person is convicted of a second or 22
subsequent violation of NRS 484C.110, 484C.120 or 484C.430 23
within [7] 10 years or a violation of NRS 484C.130, the court shall 24
issue an order directing the Department to suspend the registration 25
of each motor vehicle that is registered to or owned by the person 26
for 5 days. 27
2. If a court issues an order directing the Department to 28
suspend the registration of a motor vehicle pursuant to subsection 1, 29
the court shall forward a copy of the order to the Department within 30
5 days after issuing the order. The order must include, without 31
limitation, information concerning each motor vehicle that is 32
registered to or owned by the person, including, without limitation, 33
the registration number of the motor vehicle, if such information is 34
available. 35
3. A court shall provide for limited exceptions to the provisions 36
of subsection 1 on an individual basis to avoid undue hardship to a 37
person other than the person to whom that provision applies. Such 38
an exception must be provided if the court determines that: 39
(a) A member of the immediate family of the person whose 40
registration is suspended needs to use the motor vehicle: 41
(1) To travel to or from work or in the course and scope of 42
his or her employment; 43
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(2) To obtain medicine, food or other necessities or to obtain 1
health care services for the person or another member of the 2
person’s immediate family; or 3
(3) To transport the person or another member of the 4
person’s immediate family to or from school; or 5
(b) An alternative means of transportation is not available to a 6
member of the immediate family of the person whose registration is 7
suspended. 8
Sec. 6. NRS 4.3762 is hereby amended to read as follows: 9
4.3762 1. Except as otherwise provided in subsection 7, in 10
lieu of imposing any punishment other than a minimum sentence 11
required by statute, a justice of the peace may sentence a person 12
convicted of a misdemeanor to a term of residential confinement. In 13
making this determination, the justice of the peace shall consider the 14
criminal record of the convicted person and the seriousness of the 15
crime committed. 16
2. In sentencing a convicted person to a term of residential 17
confinement, the justice of the peace shall: 18
(a) Require the convicted person to be confined to his or her 19
residence during the time the convicted person is away from his or 20
her employment, public service or other activity authorized by the 21
justice of the peace; and 22
(b) Require enhanced supervision of the convicted person, 23
including, without limitation, electronic surveillance and 24
unannounced visits to his or her residence or other locations where 25
the convicted person is expected to be to determine whether the 26
convicted person is complying with the terms of his or her sentence. 27
3. In sentencing a convicted person to a term of residential 28
confinement, the justice of the peace may, when the circumstances 29
warrant, require the convicted person to submit to: 30
(a) A search and seizure by the chief of a department of 31
alternative sentencing, an assistant alternative sentencing officer or 32
any other law enforcement officer at any time of the day or night 33
without a search warrant; and 34
(b) Periodic tests to determine whether the offender is using a 35
controlled substance or consuming alcohol. 36
4. Except as otherwise provided in subsection 5, an electronic 37
device may be used to supervise a convicted person sentenced to a 38
term of residential confinement. The device may be capable of using 39
the Global Positioning System, but must be minimally intrusive and 40
limited in capability to recording or transmitting information 41
concerning the location of the person, including, but not limited to, 42
the transmission of still visual images which do not concern the 43
activities of the person, and producing, upon request, reports or 44
records of the person’s presence near or within a crime scene or 45
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prohibited area or his or her departure from a specified geographic 1
location. A device which is capable of recording or transmitting: 2
(a) Oral or wire communications or any auditory sound; or 3
(b) Information concerning the activities of the person, 4
must not be used. 5
5. An electronic device must be used in the manner set forth in 6
subsection 4 to supervise a person who is sentenced pursuant to 7
paragraph (b) of subsection 1 of NRS 484C.400 for a second 8
violation within [7] 10 years of driving under the influence of 9
intoxicating liquor or a controlled substance. 10
6. A term of residential confinement, together with the term of 11
any minimum sentence required by statute, may not exceed the 12
maximum sentence which otherwise could have been imposed for 13
the offense. 14
7. The justice of the peace shall not sentence a person 15
convicted of committing a battery which constitutes domestic 16
violence pursuant to NRS 33.018 to a term of residential 17
confinement in lieu of imprisonment unless the justice of the peace 18
makes a finding that the person is not likely to pose a threat to the 19
victim of the battery. 20
8. The justice of the peace may issue a warrant for the arrest of 21
a convicted person who violates or fails to fulfill a condition of 22
residential confinement. 23
Sec. 7. NRS 5.076 is hereby amended to read as follows: 24
5.076 1. Except as otherwise provided in subsection 7, in lieu 25
of imposing any punishment other than a minimum sentence 26
required by statute, a municipal judge may sentence a person 27
convicted of a misdemeanor to a term of residential confinement. In 28
making this determination, the municipal judge shall consider the 29
criminal record of the convicted person and the seriousness of the 30
crime committed. 31
2. In sentencing a convicted person to a term of residential 32
confinement, the municipal judge shall: 33
(a) Require the convicted person to be confined to his or her 34
residence during the time the convicted person is away from his or 35
her employment, public service or other activity authorized by the 36
municipal judge; and 37
(b) Require enhanced supervision of the convicted person, 38
including, without limitation, electronic surveillance and 39
unannounced visits to his or her residence or other locations where 40
the convicted person is expected to be in order to determine whether 41
the convicted person is complying with the terms of his or her 42
sentence. 43
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3. In sentencing a convicted person to a term of residential 1
confinement, the municipal judge may, when the circumstances 2
warrant, require the convicted person to submit to: 3
(a) A search and seizure by the chief of a department of 4
alternative sentencing, an assistant alternative sentencing officer or 5
any other law enforcement officer at any time of the day or night 6
without a search warrant; and 7
(b) Periodic tests to determine whether the offender is using a 8
controlled substance or consuming alcohol. 9
4. Except as otherwise provided in subsection 5, an electronic 10
device may be used to supervise a convicted person sentenced to a 11
term of residential confinement. The device may be capable of using 12
the Global Positioning System, but must be minimally intrusive and 13
limited in capability to recording or transmitting information 14
concerning the location of the person, including, but not limited to, 15
the transmission of still visual images which do not concern the 16
activities of the person, and producing, upon request, reports or 17
records of the person’s presence near or within a crime scene or 18
prohibited area or his or her departure from a specified geographic 19
location. A device which is capable of recording or transmitting: 20
(a) Oral or wire communications or any auditory sound; or 21
(b) Information concerning the activities of the person, 22
must not be used. 23
5. An electronic device must be used in the manner set forth in 24
subsection 4 to supervise a person who is sentenced pursuant to 25
paragraph (b) of subsection 1 of NRS 484C.400 for a second 26
violation within [7] 10 years of driving under the influence of 27
intoxicating liquor or a controlled substance. 28
6. A term of residential confinement, together with the term of 29
any minimum sentence required by statute, may not exceed the 30
maximum sentence which otherwise could have been imposed for 31
the offense. 32
7. The municipal judge shall not sentence a person convicted 33
of committing a battery which constitutes domestic violence 34
pursuant to NRS 33.018 to a term of residential confinement in lieu 35
of imprisonment unless the municipal judge makes a finding that the 36
person is not likely to pose a threat to the victim of the battery. 37
8. The municipal judge may issue a warrant for the arrest of a 38
convicted person who violates or fails to fulfill a condition of 39
residential confinement. 40
Sec. 8. NRS 176A.245 is hereby amended to read as follows: 41
176A.245 1. Except as otherwise provided in subsection 2, 42
after a defendant is discharged from probation or a case is dismissed 43
pursuant to NRS 176A.240, the court shall order sealed all 44
documents, papers and exhibits in the defendant’s record, minute 45
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book entries and entries on dockets, and other documents relating to 1
the case in the custody of such other agencies and officers as are 2
named in the court’s order if the defendant fulfills the terms and 3
conditions imposed by the court and the Division. The court shall 4
order those records sealed without a hearing unless the Division 5
petitions the court, for good cause shown, not to seal the records and 6
requests a hearing thereon. 7
2. If the defendant is charged with a violation of : 8
(a) NRS 200.485 [, 484C.110 or 484C.120] and the charges are 9
conditionally dismissed or the judgment of conviction is set aside as 10
provided in NRS 176A.240, not sooner than 7 years after the 11
charges are conditionally dismissed or the judgment of conviction is 12
set aside and upon the filing of a petition by the defendant [,] ; or 13
(b) NRS 484C.110 or 484C.120 and the charges are 14
conditionally dismissed or the judgment of conviction is set aside 15
as provided in NRS 176A.240, not sooner than 10 years after the 16
charges are conditionally dismissed or the judgment of conviction 17
is set aside and upon the filing of a petition by the defendant, 18
the justice court, municipal court or district court, as applicable, 19
shall order that all documents, papers and exhibits in the defendant’s 20
record, minute book entries and entries on dockets, and other 21
documents relating to the case in the custody of such other agencies 22
and officers as are named in the court’s order be sealed. The justice 23
court, municipal court or district court, as applicable, shall order 24
those records sealed without a hearing unless the Division petitions 25
the court, for good cause shown, not to seal the records and requests 26
a hearing thereon. 27
3. If the court orders sealed the record of a defendant who is 28
discharged from probation, whose case is dismissed, whose charges 29
were conditionally dismissed or whose judgment of conviction was 30
set aside pursuant to NRS 176A.240, the court shall send a copy of 31
the order to each agency or officer named in the order. Each such 32
agency or officer shall notify the court in writing of its compliance 33
with the order. 34
Sec. 9. NRS 176A.265 is hereby amended to read as follows: 35
176A.265 1. Except as otherwise provided in subsection 2, 36
after a defendant is discharged from probation or a case is dismissed 37
pursuant to NRS 176A.260, the district court, justice court or 38
municipal court, as applicable, shall order sealed all documents, 39
papers and exhibits in the defendant’s record, minute book entries 40
and entries on dockets, and other documents relating to the case in 41
the custody of such other agencies and officers as are named in the 42
court’s order if the defendant fulfills the terms and conditions 43
imposed by the court and the Division. The district court, justice 44
court or municipal court, as applicable, shall order those records 45
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sealed without a hearing unless the Division petitions the court, for 1
good cause shown, not to seal the records and requests a hearing 2
thereon. 3
2. If the defendant is charged with a violation of : 4
(a) NRS 200.485 [, 484C.110 or 484C.120] and the charges are 5
conditionally dismissed or the judgment of conviction is set aside as 6
provided in NRS 176A.260, not sooner than 7 years after the 7
charges are conditionally dismissed or the judgment of conviction is 8
set aside and upon the filing of a petition by the defendant [,] ; 9
(b) NRS 484C.110 or 484C.120 and the charges are 10
conditionally dismissed or the judgment of conviction is set aside 11
as provided in NRS 176A.260, not sooner than 10 years after the 12
charges are conditionally dismissed or the judgment of conviction 13
is set aside and upon the filing of a petition by the defendant, 14
the justice court, municipal court or district court, as applicable, 15
shall order that all documents, papers and exhibits in the defendant’s 16
record, minute book entries and entries on dockets, and other 17
documents relating to the case in the custody of such other agencies 18
and officers as are named in the court’s order be sealed. The justice 19
court, municipal court or district court, as applicable, shall order 20
those records sealed without a hearing unless the Division petitions 21
the court, for good cause shown, not to seal the records and requests 22
a hearing thereon. 23
3. If the district court, justice court or municipal court, as 24
applicable, orders sealed the record of a defendant who is 25
discharged from probation, whose case is dismissed, whose charges 26
were conditionally dismissed or whose judgment of conviction was 27
set aside pursuant to NRS 176A.260, the court shall send a copy of 28
the order to each agency or officer named in the order. Each such 29
agency or officer shall notify the district court, justice court or 30
municipal court, as applicable, in writing of its compliance with the 31
order. 32
Sec. 10. NRS 176A.295 is hereby amended to read as follows: 33
176A.295 1. Except as otherwise provided in subsection 2, 34
after a defendant is discharged from probation or a case is dismissed 35
pursuant to NRS 176A.290, the justice court, municipal court or 36
district court, as applicable, shall order sealed all documents, papers 37
and exhibits in the defendant’s record, minute book entries and 38
entries on dockets, and other documents relating to the case in the 39
custody of such other agencies and officers as are named in the 40
court’s order if the defendant fulfills the terms and conditions 41
imposed by the court and the Division. The justice court, municipal 42
court or district court, as applicable, shall order those records sealed 43
without a hearing unless the Division petitions the court, for good 44
cause shown, not to seal the records and requests a hearing thereon. 45
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2. If the defendant is charged with a violation of : 1
(a) NRS 200.485 [, 484C.110 or 484C.120] and the charges are 2
conditionally dismissed or the judgment of conviction is set aside as 3
provided in NRS 176A.290, not sooner than 7 years after the 4
charges are conditionally dismissed or the judgment of conviction is 5
set aside and upon the filing of a petition by the defendant [,] ; or 6
(b) NRS 484C.110 or 484C.120 and the charges are 7
conditionally dismissed or the judgment of conviction is set aside 8
as provided in NRS 176A.260, not sooner than 10 years after the 9
charges are conditionally dismissed or the judgment of conviction 10
is set aside and upon the filing of a petition by the defendant, 11
the justice court, municipal court or district court, as applicable, 12
shall order that all documents, papers and exhibits in the defendant’s 13
record, minute book entries and entries on dockets, and other 14
documents relating to the case in the custody of such other agencies 15
and officers as are named in the court’s order be sealed. The justice 16
court, municipal court or district court, as applicable, shall order 17
those records sealed without a hearing unless the Division petitions 18
the court, for good cause shown, not to seal the records and requests 19
a hearing thereon. 20
3. If the justice court, municipal court or district court, as 21
applicable, orders sealed the record of a defendant who is 22
discharged from probation, whose case is dismissed, whose charges 23
were conditionally dismissed or whose judgment of conviction was 24
set aside pursuant to NRS 176A.290, the court shall send a copy of 25
the order to each agency or officer named in the order. Each such 26
agency or officer shall notify the justice court, municipal court or 27
district court, as applicable, in writing of its compliance with the 28
order. 29
Sec. 11. NRS 179.245 is hereby amended to read as follows: 30
179.245 1. Except as otherwise provided in subsection 6 and 31
NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 32
201.354 and 453.3365, a person may petition the court in which the 33
person was convicted for the sealing of all records relating to a 34
conviction of: 35
(a) A category A felony, a crime of violence or residential 36
burglary pursuant to NRS 205.060 after 10 years from the date of 37
release from actual custody or discharge from parole or probation, 38
whichever occurs later; 39
(b) Except as otherwise provided in paragraphs (a) and (e), a 40
category B, C or D felony after 5 years from the date of release from 41
actual custody or discharge from parole or probation, whichever 42
occurs later; 43
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(c) A category E felony after 2 years from the date of release 1
from actual custody or discharge from parole or probation, 2
whichever occurs later; 3
(d) Except as otherwise provided in paragraph (e), any gross 4
misdemeanor after 2 years from the date of release from actual 5
custody or discharge from probation, whichever occurs later; 6
(e) A violation of NRS 422.540 to 422.570, inclusive, [a 7
violation of NRS 484C.110 or 484C.120 other than a felony,] or a 8
battery which constitutes domestic violence pursuant to NRS 33.018 9
other than a felony, after 7 years from the date of release from actual 10
custody or from the date when the person is no longer under a 11
suspended sentence, whichever occurs later; 12
(f) A violation of NRS 484C.110 or 484C.120 other than a 13
felony, after 10 years from the date of release from actual custody 14
or from the date when the person is no longer under a suspended 15
sentence, whichever occurs later; 16
(g) Except as otherwise provided in paragraph (e), if the offense 17
is punished as a misdemeanor, a battery pursuant to NRS 200.481, 18
harassment pursuant to NRS 200.571, stalking pursuant to NRS 19
200.575 or a violation of a temporary or extended order for 20
protection, after 2 years from the date of release from actual custody 21
or from the date when the person is no longer under a suspended 22
sentence, whichever occurs later; or 23
[(g)] (h) Any other misdemeanor after 1 year from the date of 24
release from actual custody or from the date when the person is no 25
longer under a suspended sentence, whichever occurs later. 26
2. A petition filed pursuant to subsection 1 must: 27
(a) Be accompanied by the petitioner’s current, verified records 28
received from the Central Repository for Nevada Records of 29
Criminal History; 30
(b) If the petition references NRS 453.3365, include a certificate 31
of acknowledgment or the disposition of the proceedings for the 32
records to be sealed from all agencies of criminal justice which 33
maintain such records; 34
(c) Include a list of any other public or private agency, company, 35
official or other custodian of records that is reasonably known to the 36
petitioner to have possession of records of the conviction and to 37
whom the order to seal records, if issued, will be directed; 38
(d) Include information that, to the best knowledge and belief of 39
the petitioner, accurately and completely identifies the records to be 40
sealed, including, without limitation, the: 41
(1) Date of birth of the petitioner; 42
(2) Specific conviction to which the records to be sealed 43
pertain; and 44
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- *AB175*
(3) Date of arrest relating to the specific conviction to which 1
the records to be sealed pertain; and 2
(e) If applicable, include a statement from the petitioner 3
certifying that at the time the crime for which the records to be 4
sealed was committed, the petitioner was being sex trafficked 5
pursuant to NRS 201.300. 6
3. Upon receiving a petition pursuant to this section, the court 7
shall notify the law enforcement agency that arrested the petitioner 8
for the crime and the prosecuting attorney, including, without 9
limitation, the Attorney General, who prosecuted the petitioner for 10
the crime. The prosecuting attorney and any person having relevant 11
evidence may testify and present evidence at any hearing on the 12
petition. 13
4. If the prosecuting agency that prosecuted the petitioner for 14
the crime stipulates to the sealing of the records, the court shall 15
apply the presumption set forth in NRS 179.2445 and seal the 16
records. If the prosecuting agency does not stipulate to the sealing of 17
the records or does not file a written objection within 30 days after 18
receiving notification pursuant to subsection 3 and the court makes 19
the findings set forth in subsection 5, the court may order the sealing 20
of the records in accordance with subsection 5 without a hearing. If 21
the court does not order the sealing of the records or the prosecuting 22
agency files a written objection, a hearing on the petition must be 23
conducted. At the hearing, unless an objecting party presents 24
evidence sufficient to rebut the presumption set forth in NRS 25
179.2445, the court shall apply the presumption and seal the records. 26
5. If the court finds that, in the period prescribed in subsection 27
1, the petitioner has not been charged with any offense for which the 28
charges are pending or convicted of any offense, except for minor 29
moving or standing traffic violations, the court may order sealed all 30
records of the conviction which are in the custody of any agency of 31
criminal justice or any public or private agency, company, official 32
or other custodian of records in the State of Nevada, and may also 33
order all such records of the petitioner returned to the file of the 34
court where the proceeding was commenced from, including, 35
without limitation, the Federal Bureau of Investigation and all other 36
agencies of criminal justice which maintain such records and which 37
are reasonably known by either the petitioner or the court to have 38
possession of such records. 39
6. A person may not petition the court to seal records relating 40
to a conviction of: 41
(a) A crime against a child; 42
(b) A sexual offense; 43
(c) Invasion of the home with a deadly weapon pursuant to 44
NRS 205.067; 45
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- *AB175*
(d) A violation of NRS 484C.110 or 484C.120 that is punishable 1
as a felony pursuant to paragraph (c) of subsection 1 of 2
NRS 484C.400; 3
(e) A violation of NRS 484C.430; 4
(f) A homicide resulting from driving or being in actual physical 5
control of a vehicle while under the influence of intoxicating liquor 6
or a controlled substance or resulting from any other conduct 7
prohibited by NRS 484C.110, 484C.130 or 484C.430; 8
(g) A violation of NRS 488.410 that is punishable as a felony 9
pursuant to NRS 488.427; or 10
(h) A violation of NRS 488.420 or 488.425. 11
7. The provisions of paragraph (e) of subsection 1 and 12
paragraph (d) of subsection 6 must not be construed to preclude a 13
person from being able to petition the court to seal records relating 14
to a conviction for a violation of NRS 484C.110 or 484C.120 15
pursuant to this section if the person was found guilty of a violation 16
of NRS 484C.110 or 484C.120 that is punishable pursuant to: 17
(a) Paragraph (b) of subsection 1 of NRS 484C.400; or 18
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a 19
judgment of conviction entered against him or her for a violation of 20
paragraph (b) of subsection 1 of NRS 484C.400 because the person 21
participated in the statewide sobriety and drug monitoring program 22
established pursuant to NRS 484C.392. 23
8. If the court grants a petition for the sealing of records 24
pursuant to this section, upon the request of the person whose 25
records are sealed, the court may order sealed all records of the civil 26
proceeding in which the records were sealed. 27
9. Notwithstanding any other provision of law, no fee may be 28
charged by any court or agency of criminal justice in this State 29
related to a petition for the sealing of records pursuant to this section 30
if, at the time the crime for which the records to be sealed was 31
committed, the petitioner was being sex trafficked pursuant to NRS 32
201.300. As used in this subsection, “fee” includes, without 33
limitation, any fee to file a petition, obtain fingerprints if provided 34
by a governmental agency of this State, obtain any records of 35
criminal history, obtain records of past arrests and convictions or 36
obtain or certify copies of documents pursuant to NRS 19.013 and 37
any other fee related to the sealing of records pursuant to this 38
section. 39
10. As used in this section: 40
(a) “Crime against a child” has the meaning ascribed to it in 41
NRS 179D.0357. 42
(b) “Sexual offense” means: 43
(1) Murder of the first degree committed in the perpetration 44
or attempted perpetration of sexual assault or of sexual abuse or 45
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- *AB175*
sexual molestation of a child less than 14 years of age pursuant to 1
paragraph (b) of subsection 1 of NRS 200.030. 2
(2) Sexual assault pursuant to NRS 200.366. 3
(3) Statutory sexual seduction pursuant to NRS 200.368, if 4
punishable as a felony. 5
(4) Battery with intent to commit sexual assault pursuant to 6
NRS 200.400. 7
(5) An offense involving the administration of a drug to 8
another person with the intent to enable or assist the commission of 9
a felony pursuant to NRS 200.405, if the felony is an offense listed 10
in this paragraph. 11
(6) An offense involving the administration of a controlled 12
substance to another person with the intent to enable or assist the 13
commission of a crime of violence, if the crime of violence is an 14
offense listed in this paragraph. 15
(7) Abuse of a child pursuant to NRS 200.508, if the abuse 16
involved sexual abuse or sexual exploitation. 17
(8) An offense involving pornography and a minor pursuant 18
to NRS 200.710 to 200.730, inclusive. 19
(9) Fertility fraud pursuant to paragraph (a) of subsection 1 20
of NRS 200.975. 21
(10) Incest pursuant to NRS 201.180. 22
(11) Open or gross lewdness pursuant to NRS 201.210, if 23
punishable as a felony. 24
(12) Indecent or obscene exposure pursuant to NRS 201.220, 25
if punishable as a felony. 26
(13) Lewdness with a child pursuant to NRS 201.230. 27
(14) Sexual penetration of a dead human body pursuant to 28
NRS 201.450. 29
(15) Sexual conduct between certain employees of a school 30
or volunteers at a school and a pupil pursuant to NRS 201.540. 31
(16) Sexual conduct between certain employees of a college 32
or university and a student pursuant to NRS 201.550. 33
(17) Luring a child or a person with mental illness pursuant 34
to NRS 201.560, if punishable as a felony. 35
(18) An attempt to commit an offense listed in this 36
paragraph. 37
Sec. 12. The amendatory provisions of this act apply to 38
offenses committed before July 1, 2026, for the purpose of 39
determining which penalties a person is subject to under NRS 40
484C.400, as amended by section 2 of this act, for an offense 41
committed on or after July 1, 2025. 42
Sec. 13. This act becomes effective on July 1, 2025. 43
H