S.B. 304
- *SB304*
SENATE BILL NO. 304–SENATORS STONE, HANSEN, BUCK,
KRASNER, TITUS; ELLISON AND STEINBECK
MARCH 10, 2025
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JOINT SPONSOR: ASSEMBLYMEMBER GALLANT
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Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to the crime of vehicular
homicide. (BDR 43-370)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to vehicular homicide; revising the elements
required for a person to commit the crime of vehicular
homicide; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Under existing law, a person commits the crime of vehicular homicide if the 1
person: (1) drives or is in actual physical control of a vehicle while under the 2
influence of alcohol or certain other substances; (2) proximately causes the death of 3
another person while driving or in actual physical control of a vehicle; and (3) has 4
previously been convicted of at least three offenses. (NRS 484C.130) This bill 5
removes the element of having been previously convicted of at least three offenses 6
from the crime of vehicular homicide. 7
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484C.130 is hereby amended to read as 1
follows: 2
484C.130 1. A person commits vehicular homicide if the 3
person: 4
(a) Drives or is in actual physical control of a vehicle on or off 5
the highways of this State and: 6
– 2 –
- *SB304*
(1) Is under the influence of intoxicating liquor; 1
(2) Has a concentration of alcohol of 0.08 or more in his or 2
her blood or breath; 3
(3) Is found by measurement within 2 hours after driving or 4
being in actual physical control of a vehicle to have a concentration 5
of alcohol of 0.08 or more in his or her blood or breath; 6
(4) Is under the influence of a controlled substance or is 7
under the combined influence of intoxicating liquor and a controlled 8
substance; 9
(5) Inhales, ingests, applies or otherwise uses any chemical, 10
poison or organic solvent, or any compound or combination of any 11
of these, to a degree which renders the person incapable of safely 12
driving or exercising actual physical control of a vehicle; or 13
(6) Has a prohibited substance in his or her blood or urine, as 14
applicable, in an amount that is equal to or greater than the amount 15
set forth in subsection 3 or 4 of NRS 484C.110; and 16
(b) Proximately causes the death of another person while driving 17
or in actual physical control of a vehicle on or off the highways of 18
this State . [; and 19
(c) Has previously been convicted of at least three offenses.] 20
2. If consumption is proven by a preponderance of the 21
evidence, it is an affirmative defense under subparagraph (3) of 22
paragraph (a) of subsection 1 that the defendant consumed a 23
sufficient quantity of alcohol after driving or being in actual 24
physical control of the vehicle, and before his or her blood or breath 25
was tested, to cause the defendant to have a concentration of alcohol 26
of 0.08 or more in his or her blood or breath. A defendant who 27
intends to offer this defense at a trial or preliminary hearing must, 28
not less than 14 days before the trial or hearing or at such other time 29
as the court may direct, file and serve on the prosecuting attorney a 30
written notice of that intent. 31
[3. As used in this section, “offense” means: 32
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 33
(b) A homicide resulting from driving or being in actual 34
physical control of a vehicle while under the influence of 35
intoxicating liquor or a controlled substance or resulting from any 36
other conduct prohibited by this section or NRS 484C.110 or 37
484C.430; or 38
(c) A violation of a law of any other jurisdiction that prohibits 39
the same or similar conduct as set forth in paragraph (a) or (b).] 40
H