EXEMPT
(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 304
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SENATE BILL NO. 304–SENATORS STONE, HANSEN, BUCK,
KRASNER, TITUS; ELLISON AND STEINBECK
MARCH 10, 2025
____________
JOINT SPONSOR: ASSEMBLYMEMBER GALLANT
____________
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.
~
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; revising provisions relating to penalties for
certain prohibited acts involving the operation of a
vehicle; 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) Section 1.5 5
of this bill removes the element of having been previously convicted of at least 6
three offenses from the crime of vehicular homicide. 7
Section 5 of this bill provides that a person who drives a vehicle while under 8
the influence of alcohol or a prohibited substance and proximately causes 9
substantial bodily harm to another person, rather than substantial bodily harm or 10
death, is guilty of a category B felony and must be punished by: (1) imprisonment 11
in the state prison for a minimum term of not less than 2 years and a maximum term 12
of not more than 20 years; and (2) a fine of not less than $2,000 and not more than 13
$5,000. (NRS 484C.430) Sections 1, 1.2, 1.3, 2-4, 6 and 7 of this bill make 14
conforming changes to certain provisions relating to certain homicides to account 15
for changes made by section 5. 16
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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 5
the driver is not eligible for a license, permit or privilege to drive for 6
the period indicated: 7
(a) For a period of 185 days, if the offense is a first violation 8
within 7 years of NRS 484C.110 or 484C.120. 9
(b) For a period of 1 year if the offense is: 10
(1) Except as otherwise provided in paragraph (c), any 11
manslaughter, including vehicular manslaughter as described in 12
NRS 484B.657, resulting from the driving of a motor vehicle or 13
felony in the commission of which a motor vehicle is used, 14
including the unlawful taking of a motor vehicle. 15
(2) Failure to stop and render aid as required pursuant to the 16
laws of this State in the event of a motor vehicle crash resulting in 17
the death or bodily injury of another. 18
(3) Perjury or the making of a false affidavit or statement 19
under oath to the Department pursuant to NRS 483.010 to 483.630, 20
inclusive, or pursuant to any other law relating to the ownership or 21
driving of motor vehicles. 22
(4) Conviction, or forfeiture of bail not vacated, upon three 23
charges of reckless driving committed within a period of 12 months. 24
(5) A second violation within 7 years of NRS 484C.110 or 25
484C.120. 26
(6) A violation of NRS 484B.550. 27
(c) For a period of 3 years if the offense is: 28
(1) A first violation of driving without an ignition interlock 29
device or tampering with an ignition interlock device pursuant to 30
subsection 2 of NRS 484C.470 and the driver is not eligible for a 31
restricted license or an ignition interlock privilege during any of that 32
period. 33
(2) A violation of subsection 9 of NRS 484B.653. 34
(3) A third or subsequent violation within 7 years of NRS 35
484C.110 or 484C.120. 36
(4) A violation of NRS 484C.110 or 484C.120 resulting in a 37
felony conviction pursuant to NRS 484C.400 or 484C.410. 38
(5) A violation of NRS 484C.430 or a homicide resulting 39
from driving or being in actual physical control of a vehicle while 40
under the influence of intoxicating liquor or a controlled substance 41
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or resulting from any other conduct prohibited by NRS 484C.110 [,] 1
or 484C.130 . [or 484C.430.] 2
The period during which such a driver is not eligible for a 3
license, permit or privilege to drive must be set aside during any 4
period of imprisonment and the period of revocation must resume 5
when the Department is notified pursuant to NRS 209.517 or 6
213.12185 that the person has completed the period of 7
imprisonment or that the person has been placed on residential 8
confinement or parole. 9
(d) For a period of 5 years if the offense is a second or 10
subsequent violation of driving without an ignition interlock device 11
or tampering with an ignition interlock device pursuant to 12
subsection 2 of NRS 484C.470 and the driver is not eligible for a 13
restricted license or an ignition interlock privilege during any of that 14
period. 15
2. The Department shall revoke the license, permit or privilege 16
of a driver convicted of violating NRS 484C.110 or 484C.120 who 17
fails to complete the educational course on the use of alcohol and 18
controlled substances within the time ordered by the court and shall 19
add a period of 90 days during which the driver is not eligible for a 20
license, permit or privilege to drive. 21
3. When the Department is notified by a court that a person 22
who has been convicted of a first violation within 7 years of NRS 23
484C.110 has been permitted to enter a program of treatment 24
pursuant to NRS 484C.320, the Department shall reduce by one-half 25
the period during which the person is not eligible for a license, 26
permit or privilege to drive, but shall restore that reduction in time if 27
notified that the person was not accepted for or failed to complete 28
the treatment. 29
4. In addition to any other requirements set forth by specific 30
statute, if the Department is notified that a court has ordered the 31
revocation, suspension or delay in the issuance of a license pursuant 32
to title 5 of NRS, NRS 206.330 or 392.148, chapters 484A to 484E, 33
inclusive, of NRS or any other provision of law, the Department 34
shall take such actions as are necessary to carry out the court’s 35
order. 36
Sec. 1.2. NRS 483.490 is hereby amended to read as follows: 37
483.490 1. Except as otherwise provided in this section, after 38
a driver’s license has been suspended or revoked and one-half of the 39
period during which the driver is not eligible for a license has 40
expired, the Department may, unless the statute authorizing the 41
suspension or revocation prohibits the issuance of a restricted 42
license, issue a restricted driver’s license to an applicant permitting 43
the applicant to drive a motor vehicle: 44
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(a) To and from work or in the course of his or her work, or 1
both; or 2
(b) To acquire supplies of medicine or food or receive regularly 3
scheduled medical care for himself, herself or a member of his or 4
her immediate family. 5
Before a restricted license may be issued, the applicant must 6
submit sufficient documentary evidence to satisfy the Department 7
that a severe hardship exists because the applicant has no alternative 8
means of transportation and that the severe hardship outweighs the 9
risk to the public if the applicant is issued a restricted license. 10
2. If the driver’s license of a person assigned to a program 11
established pursuant to NRS 484C.392 is suspended or revoked, the 12
Department may issue a restricted driver’s license to an applicant 13
that is valid while he or she is participating in and complying with 14
the requirements of the program and that permits the applicant to 15
drive a motor vehicle: 16
(a) To and from a testing location established by a designated 17
law enforcement agency pursuant to NRS 484C.393; 18
(b) If applicable, to and from work or in the course of his or her 19
work, or both; 20
(c) To and from court appearances; 21
(d) To and from counseling; or 22
(e) To receive regularly scheduled medical care for himself or 23
herself. 24
3. Except as otherwise provided in NRS 62E.630, after a 25
driver’s license has been revoked or suspended pursuant to title 5 of 26
NRS or NRS 392.148, the Department may issue a restricted 27
driver’s license to an applicant permitting the applicant to drive a 28
motor vehicle: 29
(a) If applicable, to and from work or in the course of his or her 30
work, or both; or 31
(b) If applicable, to and from school. 32
4. After a driver’s license has been suspended pursuant to NRS 33
483.443, the Department may issue a restricted driver’s license to an 34
applicant permitting the applicant to drive a motor vehicle: 35
(a) If applicable, to and from work or in the course of his or her 36
work, or both; 37
(b) To receive regularly scheduled medical care for himself, 38
herself or a member of his or her immediate family; or 39
(c) If applicable, as necessary to exercise a court-ordered right to 40
visit a child. 41
5. A driver who violates a condition of a restricted license 42
issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and, 43
if the license of the driver was suspended or revoked for: 44
(a) A violation of NRS 484C.110, 484C.210 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 [,] or 484C.130 ; [or 4
484C.430;] 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
the driver shall be punished in the manner provided pursuant to 8
subsection 2 of NRS 483.560. 9
6. The periods of suspensions and revocations required 10
pursuant to this chapter and NRS 484C.210 must run consecutively, 11
except as otherwise provided in NRS 483.465 and 483.475, when 12
the suspensions must run concurrently. 13
7. Whenever the Department suspends or revokes a license, the 14
period of suspension, or of ineligibility for a license after the 15
revocation, begins upon the effective date of the revocation or 16
suspension as contained in the notice thereof. 17
8. Any person for whom a court provides an exception relating 18
to the installation of an ignition interlock device pursuant to 19
subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is 20
eligible for a restricted driver’s license under this section while the 21
person is participating in and complying with the requirements of a 22
program established pursuant to NRS 484C.392. 23
9. If the Department receives a copy of an order requiring a 24
person to install an ignition interlock device in a motor vehicle 25
pursuant to NRS 484C.460, the Department shall issue an ignition 26
interlock privilege to the person after he or she submits proof of 27
compliance with the order. A person who is required to install an 28
ignition interlock device pursuant to NRS 484C.210 or 484C.460 29
shall install the device not later than 14 days after the date on which 30
the order was issued. A driver who violates any condition of an 31
ignition interlock privilege issued pursuant to this subsection is 32
guilty of a misdemeanor and shall be punished in the same manner 33
provided in subsection 2 of NRS 483.560 for driving a vehicle while 34
a driver’s license is cancelled, revoked or suspended. 35
Sec. 1.3. NRS 483.560 is hereby amended to read as follows: 36
483.560 1. Except as otherwise provided in subsection 2, any 37
person who drives a motor vehicle on a highway or on premises to 38
which the public has access at a time when the person’s driver’s 39
license has been cancelled, revoked or suspended is guilty of a 40
misdemeanor. 41
2. Except as otherwise provided in this subsection, if the 42
license of the person was suspended, revoked or restricted because 43
of: 44
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(a) A violation of NRS 484C.110, 484C.120, 484C.210 or 1
484C.430; 2
(b) A homicide resulting from driving or being in actual 3
physical control of a vehicle while under the influence of 4
intoxicating liquor or a controlled substance or resulting from any 5
other conduct prohibited by NRS 484C.110 [,] or 484C.130 ; [or 6
484C.430;] or 7
(c) A violation of a law of any other jurisdiction that prohibits 8
the same or similar conduct as set forth in paragraph (a) or (b), 9
the person shall be punished by imprisonment in jail for not less 10
than 30 days nor more than 6 months or by serving a term of 11
residential confinement for not less than 60 days nor more than 6 12
months, and shall be further punished by a fine of not less than $500 13
nor more than $1,000. A person who is punished pursuant to this 14
subsection may not be granted probation, and a sentence imposed 15
for such a violation may not be suspended. A prosecutor may not 16
dismiss a charge of such a violation in exchange for a plea of guilty, 17
guilty but mentally ill or nolo contendere to a lesser charge or for 18
any other reason, unless the prosecutor believes the charge is not 19
supported by probable cause or cannot be proved at trial. The 20
provisions of this subsection do not apply if the period of revocation 21
has expired but the person has not reinstated the license. 22
3. A term of imprisonment imposed pursuant to the provisions 23
of this section may be served intermittently at the discretion of the 24
judge or justice of the peace. This discretion must be exercised after 25
considering all the circumstances surrounding the offense, and the 26
family and employment of the person convicted. However, the full 27
term of imprisonment must be served within 6 months after the date 28
of conviction, and any segment of time the person is imprisoned 29
must not consist of less than 24 hours. 30
4. Jail sentences simultaneously imposed pursuant to this 31
section and NRS 484C.320, 484C.330, 484C.400, 484C.410 or 32
484C.420 must run consecutively. 33
5. If the Department receives a record of the conviction or 34
punishment of any person pursuant to this section upon a charge of 35
driving a vehicle while the person’s license was: 36
(a) Suspended, the Department shall extend the period of the 37
suspension for an additional like period. 38
(b) Revoked, the Department shall extend the period of 39
ineligibility for a license, permit or privilege to drive for an 40
additional 1 year. 41
(c) Restricted, the Department shall revoke the restricted license 42
and extend the period of ineligibility for a license, permit or 43
privilege to drive for an additional 1 year. 44
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(d) Suspended or cancelled for an indefinite period, the 1
Department shall suspend the license for an additional 6 months for 2
the first violation and an additional 1 year for each subsequent 3
violation. 4
6. Suspensions and revocations imposed pursuant to this 5
section must run consecutively. 6
Sec. 1.5. NRS 484C.130 is hereby amended to read as follows: 7
484C.130 1. A person commits vehicular homicide if the 8
person: 9
(a) Drives or is in actual physical control of a vehicle on or off 10
the highways of this State and: 11
(1) Is under the influence of intoxicating liquor; 12
(2) Has a concentration of alcohol of 0.08 or more in his or 13
her blood or breath; 14
(3) Is found by measurement within 2 hours after driving or 15
being in actual physical control of a vehicle to have a concentration 16
of alcohol of 0.08 or more in his or her blood or breath; 17
(4) Is under the influence of a controlled substance or is 18
under the combined influence of intoxicating liquor and a controlled 19
substance; 20
(5) Inhales, ingests, applies or otherwise uses any chemical, 21
poison or organic solvent, or any compound or combination of any 22
of these, to a degree which renders the person incapable of safely 23
driving or exercising actual physical control of a vehicle; or 24
(6) Has a prohibited substance in his or her blood or urine, as 25
applicable, in an amount that is equal to or greater than the amount 26
set forth in subsection 3 or 4 of NRS 484C.110; and 27
(b) Proximately causes the death of another person while driving 28
or in actual physical control of a vehicle on or off the highways of 29
this State . [; and 30
(c) Has previously been convicted of at least three offenses.] 31
2. If consumption is proven by a preponderance of the 32
evidence, it is an affirmative defense under subparagraph (3) of 33
paragraph (a) of subsection 1 that the defendant consumed a 34
sufficient quantity of alcohol after driving or being in actual 35
physical control of the vehicle, and before his or her blood or breath 36
was tested, to cause the defendant to have a concentration of alcohol 37
of 0.08 or more in his or her blood or breath. A defendant who 38
intends to offer this defense at a trial or preliminary hearing must, 39
not less than 14 days before the trial or hearing or at such other time 40
as the court may direct, file and serve on the prosecuting attorney a 41
written notice of that intent. 42
[3. As used in this section, “offense” means: 43
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 44
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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 this section or NRS 484C.110 or 4
484C.430; 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. 2. NRS 484C.340 is hereby amended to read as follows: 8
484C.340 1. An offender who enters a plea of guilty or nolo 9
contendere to a violation of NRS 484C.110 or 484C.120 that is 10
punishable pursuant to paragraph (c) of subsection 1 of NRS 11
484C.400 may, at the time the offender enters a plea, apply to the 12
court to undergo a program of treatment for an alcohol or other 13
substance use disorder for at least 3 years. The court may authorize 14
that treatment if: 15
(a) The offender is diagnosed as a person with an alcohol or 16
other substance use disorder by: 17
(1) An alcohol and drug counselor who is licensed or 18
certified, or a clinical alcohol and drug counselor who is licensed, 19
pursuant to chapter 641C of NRS, to make that diagnosis; 20
(2) A physician who is certified to make that diagnosis by the 21
Board of Medical Examiners; 22
(3) An advanced practice registered nurse who is certified to 23
make that diagnosis by the State Board of Nursing; and 24
(b) The offender agrees to pay the costs of the treatment to the 25
extent of his or her financial resources. 26
An alcohol and drug counselor, a clinical alcohol and drug 27
counselor, a physician or an advanced practice registered nurse who 28
diagnoses an offender as a person with an alcohol or other substance 29
use disorder shall make a report and recommendation to the court 30
concerning the length and type of treatment required for the 31
offender. 32
2. A prosecuting attorney may, within 10 days after receiving 33
notice of an application for treatment pursuant to this section, 34
request a hearing on the matter. The court shall order a hearing on 35
the application upon the request of the prosecuting attorney or may 36
order a hearing on its own motion. 37
3. At the hearing on the application for treatment, the 38
prosecuting attorney may present the court with any relevant 39
evidence on the matter. If a hearing is not held, the court shall 40
decide the matter and other information before the court. 41
4. If the court determines that an application for treatment 42
should be granted, the court shall: 43
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(a) Immediately, without entering a judgment of conviction and 1
with the consent of the offender, suspend further proceedings and 2
place the offender on probation for not more than 5 years. 3
(b) Order the offender to complete a program of treatment for an 4
alcohol or other substance use disorder with a treatment provider 5
approved by the court. If the court has a specialty court program for 6
the supervision and monitoring of the person, the treatment provider 7
must comply with the requirements of the specialty court, including, 8
without limitation, any requirement to submit progress reports to the 9
specialty court. 10
(c) Advise the offender that: 11
(1) He or she may be placed under the supervision of a 12
treatment provider for not more than 5 years. 13
(2) The court may order the offender to be admitted to a 14
residential treatment facility. 15
(3) The court will enter a judgment of conviction for a 16
violation of paragraph (c) of subsection 1 of NRS 484C.400 if a 17
treatment provider fails to accept the offender for a program of 18
treatment for an alcohol or other substance use disorder or if the 19
offender fails to complete the program of treatment satisfactorily. 20
Any sentence of imprisonment may be reduced by a time equal to 21
that which the offender served before beginning treatment. 22
(4) If the offender completes the treatment satisfactorily, the 23
court will enter a judgment of conviction for a violation of 24
paragraph (b) of subsection 1 of NRS 484C.400. 25
(5) The provisions of NRS 483.460 requiring the revocation 26
of the license, permit or privilege of the offender to drive do not 27
apply. 28
5. The court shall administer the program of treatment pursuant 29
to the procedures provided in NRS 176A.230 to 176A.245, 30
inclusive, except that the court: 31
(a) Shall not defer the sentence or set aside the conviction upon 32
the election of treatment, except as otherwise provided in this 33
section; and 34
(b) May enter a judgment of conviction and proceed as provided 35
in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of 36
a condition ordered by the court. 37
6. To participate in a program of treatment, the offender must: 38
(a) Serve not less than 6 months of residential confinement; 39
(b) Be placed under a system of active electronic monitoring, 40
through the Division, that is capable of identifying the offender’s 41
location and producing, upon request, reports or records of the 42
offender’s presence near or within, or departure from, a specified 43
geographic location and pay any costs associated with the offender’s 44
participation under the system of active electronic monitoring; 45
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(c) Install, at his or her own expense, an ignition interlock 1
device for not less than 12 months; 2
(d) Not drive any vehicle unless it is equipped with an ignition 3
interlock device; 4
(e) Agree to be subject to periodic testing for the use of alcohol 5
or controlled substances while participating in a program of 6
treatment; and 7
(f) Agree to any other conditions that the court deems necessary. 8
7. An offender may not apply to the court to undergo a 9
program of treatment for an alcohol or other substance use disorder 10
pursuant to this section if the offender has previously applied to 11
receive treatment pursuant to this section or if the offender has 12
previously been convicted of: 13
(a) A violation of NRS 484C.430; 14
(b) A violation of NRS 484C.130; 15
(c) A homicide resulting from driving or being in actual physical 16
control of a vehicle while under the influence of intoxicating liquor 17
or a controlled substance or resulting from any other conduct 18
prohibited by NRS 484C.110 [,] or 484C.130 ; [or 484C.430;] 19
(d) A violation of paragraph (c) of subsection 1 of 20
NRS 484C.400; 21
(e) A violation of NRS 484C.410; or 22
(f) A violation of law of any other jurisdiction that prohibits the 23
same or similar conduct as set forth in paragraph (a), (b), (c) or (d). 24
8. An offender placed under a system of active electronic 25
monitoring pursuant to paragraph (b) of subsection 6 shall: 26
(a) Follow the instructions provided by the Division to maintain 27
the electronic monitoring device in working order. 28
(b) Report any incidental damage or defacement of the 29
electronic monitoring device to the Division within 2 hours after the 30
occurrence of the damage or defacement. 31
(c) Abide by any other conditions set forth by the court or the 32
Division with regard to the offender’s participation under the system 33
of active electronic monitoring. 34
9. Except as otherwise provided in this subsection, a person 35
who intentionally removes or disables or attempts to remove or 36
disable an electronic monitoring device placed on an offender 37
pursuant to this section is guilty of a gross misdemeanor. The 38
provisions of this subsection do not prohibit a person authorized by 39
the Division from performing maintenance or repairs to an 40
electronic monitoring device. 41
10. As used is this section, “Division” means the Division of 42
Parole and Probation of the Department of Public Safety. 43
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Sec. 3. NRS 484C.400 is hereby amended to read as follows: 1
484C.400 1. Unless a greater penalty is provided pursuant to 2
NRS 484C.430 or 484C.440, and except as otherwise provided in 3
NRS 484C.394 or 484C.410, a person who violates the provisions 4
of NRS 484C.110 or 484C.120: 5
(a) For the first offense within 7 years, is guilty of a 6
misdemeanor. Unless the person is allowed to undergo treatment as 7
provided in NRS 484C.320, the court shall: 8
(1) Except as otherwise provided in subparagraph (4) of this 9
paragraph or subsection 3 of NRS 484C.420, order the person to pay 10
tuition for an educational course on alcohol or other substance use 11
disorders approved by the Department and complete the course 12
within the time specified in the order, and the court shall notify the 13
Department if the person fails to complete the course within the 14
specified time; 15
(2) Unless the sentence is reduced pursuant to 16
NRS 484C.320: 17
(I) Sentence the person to imprisonment for not less than 18
2 days nor more than 6 months in jail or residential confinement for 19
not less than 2 days nor more than 6 months, in the manner provided 20
in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or 21
(II) Order the person to perform not less than 48 hours, 22
but not more than 96 hours, of community service; 23
(3) Fine the person not less than $400 nor more than $1,000; 24
and 25
(4) If the person is found to have a concentration of alcohol 26
of 0.18 or more in his or her blood or breath, order the person to 27
attend a program of treatment for an alcohol or other substance use 28
disorder pursuant to the provisions of NRS 484C.360. 29
(b) For a second offense within 7 years, is guilty of a 30
misdemeanor. Unless the sentence is reduced pursuant to NRS 31
484C.330, the court shall: 32
(1) Sentence the person to: 33
(I) Imprisonment for not less than 10 days nor more than 34
6 months in jail; or 35
(II) Residential confinement for not less than 10 days nor 36
more than 6 months, in the manner provided in NRS 4.376 to 37
4.3766, inclusive, or 5.0755 to 5.078, inclusive; 38
(2) Fine the person not less than $750 nor more than $1,000, 39
or order the person to perform an equivalent number of hours of 40
community service; and 41
(3) Order the person to attend a program of treatment for an 42
alcohol or other substance use disorder pursuant to the provisions of 43
NRS 484C.360. 44
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A person who willfully fails or refuses to complete successfully a 1
term of residential confinement or a program of treatment ordered 2
pursuant to this paragraph is guilty of a misdemeanor. 3
(c) Except as otherwise provided in NRS 484C.340, for a third 4
offense within 7 years, is guilty of a category B felony and the 5
court: 6
(1) Shall: 7
(I) Sentence the person to imprisonment in the state 8
prison for a minimum term of not less than 1 year and a maximum 9
term of not more than 6 years; and 10
(II) Fine the person not less than $2,000 nor more than 11
$5,000; and 12
(2) May order the person to attend a program of treatment for 13
an alcohol or other substance use disorder pursuant to the provisions 14
of NRS 484C.360 if the results of an evaluation conducted pursuant 15
to NRS 484C.300 indicate that the person has an alcohol or other 16
substance use disorder and that the person can be treated 17
successfully for his or her condition. 18
An offender who is imprisoned pursuant to the provisions of this 19
paragraph must, insofar as practicable, be segregated from offenders 20
whose crimes were violent and, insofar as practicable, be assigned 21
to an institution or facility of minimum security. 22
2. An offense that occurred within 7 years immediately 23
preceding the date of the principal offense or after the principal 24
offense constitutes a prior offense for the purposes of this section: 25
(a) When evidenced by a conviction; or 26
(b) If the offense is conditionally dismissed or the judgment of 27
conviction is set aside pursuant to NRS 176A.240, 176A.260 or 28
176A.290 or dismissed in connection with successful completion of 29
a diversionary program or specialty court program, 30
without regard to the sequence of the offenses and convictions. 31
The facts concerning a prior offense must be alleged in the 32
complaint, indictment or information, must not be read to the jury or 33
proved at trial but must be proved at the time of sentencing and, if 34
the principal offense is alleged to be a felony, must also be shown at 35
the preliminary examination or presented to the grand jury. 36
3. A term of confinement imposed pursuant to the provisions 37
of this section may be served intermittently at the discretion of the 38
judge or justice of the peace, except that a person who is convicted 39
of a second or subsequent offense within 7 years must be confined 40
for at least one segment of not less than 48 consecutive hours. This 41
discretion must be exercised after considering all the circumstances 42
surrounding the offense, and the family and employment of the 43
offender, but any sentence of 30 days or less must be served within 44
6 months after the date of conviction or, if the offender was 45
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sentenced pursuant to NRS 484C.320 or 484C.330 and the 1
suspension of his or her sentence was revoked, within 6 months 2
after the date of revocation. Any time for which the offender is 3
confined must consist of not less than 24 consecutive hours. 4
4. Jail sentences simultaneously imposed pursuant to this 5
section and NRS 482.456, 483.560, 484C.410 or 485.330 must run 6
consecutively. 7
5. If the defendant was transporting a person who is less than 8
15 years of age in the motor vehicle at the time of the violation, the 9
court shall consider that fact as an aggravating factor in determining 10
the sentence of the defendant. 11
6. For the purpose of determining whether one offense occurs 12
within 7 years of another offense, any period of time between the 13
two offenses during which, for any such offense, the offender is 14
imprisoned, serving a term of residential confinement, placed under 15
the supervision of a treatment provider, on parole or on probation 16
must be excluded. 17
7. As used in this section, unless the context otherwise 18
requires, “offense” means: 19
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 20
(b) A homicide resulting from driving or being in actual 21
physical control of a vehicle while under the influence of 22
intoxicating liquor or a controlled substance or resulting from any 23
other conduct prohibited by NRS 484C.110 [,] or 484C.130 ; [or 24
484C.430;] or 25
(c) A violation of a law of any other jurisdiction that prohibits 26
the same or similar conduct as set forth in paragraph (a) or (b). 27
Sec. 4. NRS 484C.410 is hereby amended to read as follows: 28
484C.410 1. Unless a greater penalty is provided in NRS 29
484C.440, a person who has previously been convicted of: 30
(a) A violation of NRS 484C.110 or 484C.120 that is punishable 31
as a felony pursuant to paragraph (c) of subsection 1 of 32
NRS 484C.400; 33
(b) A violation of NRS 484C.430; 34
(c) A homicide resulting from driving or being in actual physical 35
control of a vehicle while under the influence of intoxicating liquor 36
or a controlled substance or resulting from any other conduct 37
prohibited by NRS 484C.110 [,] or 484C.130 ; [or 484C.430;] 38
(d) A violation of a law of any other jurisdiction that prohibits 39
the same or similar conduct as set forth in paragraph (a), (b) or (c); 40
or 41
(e) A violation of NRS 484C.110 or 484C.120 that is punishable 42
pursuant to paragraph (c) of subsection 1 of NRS 484C.400 that was 43
reduced from a felony pursuant to NRS 484C.340, 44
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and who violates the provisions of NRS 484C.110 or 484C.120 is 1
guilty of a category B felony and shall be punished by imprisonment 2
in the state prison for a minimum term of not less than 2 years and a 3
maximum term of not more than 15 years, and shall be further 4
punished by a fine of not less than $2,000 nor more than $5,000. An 5
offender so imprisoned must, insofar as practicable, be segregated 6
from offenders whose crimes were violent and, insofar as 7
practicable, be assigned to an institution or facility of minimum 8
security. 9
2. An offense which is listed in paragraphs (a) to (e), inclusive, 10
of subsection 1 that occurred on any date preceding the date of the 11
principal offense or after the principal offense constitutes a prior 12
offense for the purposes of this section when evidenced by a 13
conviction, without regard for the sequence of the offenses and 14
convictions. The facts concerning a prior offense must be alleged in 15
the complaint, indictment or information, must not be read to the 16
jury or proved at trial but must be proved at the time of sentencing 17
and, if the principal offense is alleged to be a felony, must also be 18
shown at the preliminary examination or presented to the grand jury. 19
3. A term of confinement imposed pursuant to the provisions 20
of this section may be served intermittently at the discretion of the 21
judge or justice of the peace, except that a person who is convicted 22
of a second or subsequent offense within 7 years must be confined 23
for at least one segment of not less than 48 consecutive hours. This 24
discretion must be exercised after considering all the circumstances 25
surrounding the offense, and the family and employment of the 26
offender, but any sentence of 30 days or less must be served within 27
6 months after the date of conviction or, if the offender was 28
sentenced pursuant to NRS 484C.320 or 484C.330 and the 29
suspension of offender’s sentence was revoked, within 6 months 30
after the date of revocation. Any time for which the offender is 31
confined must consist of not less than 24 consecutive hours. 32
4. Jail sentences simultaneously imposed pursuant to this 33
section and NRS 482.456, 483.560, 484C.400 or 485.330 must run 34
consecutively. 35
5. If the defendant was transporting a person who is less than 36
15 years of age in the motor vehicle at the time of the violation, the 37
court shall consider that fact as an aggravating factor in determining 38
the sentence of the defendant. 39
6. For the purpose of determining whether one offense occurs 40
within 7 years of another offense, any period of time between the 41
two offenses during which, for any such offense, the offender is 42
imprisoned, serving a term of residential confinement, placed under 43
the supervision of a treatment provider, on parole or on probation 44
must be excluded. 45
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7. As used in this section, unless the context otherwise 1
requires, “offense” means: 2
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 3
(b) A homicide resulting from driving or being in actual 4
physical control of a vehicle while under the influence of 5
intoxicating liquor or a controlled substance or resulting from any 6
other conduct prohibited by NRS 484C.110 [,] or 484C.130 ; [or 7
484C.430;] or 8
(c) A violation of a law of any other jurisdiction that prohibits 9
the same or similar conduct as set forth in paragraph (a) or (b). 10
Sec. 5. NRS 484C.430 is hereby amended to read as follows: 11
484C.430 1. [Unless a greater penalty is provided pursuant to 12
NRS 484C.440, a] A person who: 13
(a) Is under the influence of intoxicating liquor; 14
(b) Has a concentration of alcohol of 0.08 or more in his or her 15
blood or breath; 16
(c) Is found by measurement within 2 hours after driving or 17
being in actual physical control of a vehicle to have a concentration 18
of alcohol of 0.08 or more in his or her blood or breath; 19
(d) Is under the influence of a controlled substance or is under 20
the combined influence of intoxicating liquor and a controlled 21
substance; 22
(e) Inhales, ingests, applies or otherwise uses any chemical, 23
poison or organic solvent, or any compound or combination of any 24
of these, to a degree which renders the person incapable of safely 25
driving or exercising actual physical control of a vehicle; or 26
(f) Has a prohibited substance in his or her blood or urine, as 27
applicable, in an amount that is equal to or greater than the amount 28
set forth in subsection 3 or 4 of NRS 484C.110, 29
and does any act or neglects any duty imposed by law while 30
driving or in actual physical control of any vehicle on or off the 31
highways of this State, if the act or neglect of duty proximately 32
causes [the death of, or] substantial bodily harm to [,] another 33
person, is guilty of a category B felony and shall be punished by 34
imprisonment in the state prison for a minimum term of not less 35
than 2 years and a maximum term of not more than 20 years and 36
must be further punished by a fine of not less than $2,000 nor more 37
than $5,000. A person so imprisoned must, insofar as practicable, be 38
segregated from offenders whose crimes were violent and, insofar as 39
practicable, be assigned to an institution or facility of minimum 40
security. 41
2. A prosecuting attorney shall not dismiss a charge of 42
violating the provisions of subsection 1 in exchange for a plea of 43
guilty, guilty but mentally ill or nolo contendere to a lesser charge or 44
for any other reason unless the attorney knows or it is obvious that 45
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the charge is not supported by probable cause or cannot be proved at 1
the time of trial. A sentence imposed pursuant to subsection 1 may 2
not be suspended nor may probation be granted. 3
3. Except as otherwise provided in subsection 4, if 4
consumption is proven by a preponderance of the evidence, it is an 5
affirmative defense under paragraph (c) of subsection 1 that the 6
defendant consumed a sufficient quantity of alcohol after driving or 7
being in actual physical control of the vehicle, and before his or her 8
blood or breath was tested, to cause the defendant to have a 9
concentration of alcohol of 0.08 or more in his or her blood or 10
breath. A defendant who intends to offer this defense at a trial 11
or preliminary hearing must, not less than 14 days before the trial or 12
hearing or at such other time as the court may direct, file and serve 13
on the prosecuting attorney a written notice of that intent. 14
4. If the defendant is also charged with violating the provisions 15
of NRS 484E.010, 484E.020 or 484E.030, the defendant may not 16
offer the affirmative defense set forth in subsection 3. 17
5. If the defendant was transporting a person who is less than 18
15 years of age in the motor vehicle at the time of the violation, the 19
court shall consider that fact as an aggravating factor in determining 20
the sentence of the defendant. 21
Sec. 6. NRS 458.260 is hereby amended to read as follows: 22
458.260 1. Except as otherwise provided in subsection 2, the 23
use of alcohol, the status of drunkard and the fact of being found in 24
an intoxicated condition are not: 25
(a) Public offenses and shall not be so treated in any ordinance 26
or resolution of a county, city or town. 27
(b) Elements of an offense giving rise to a criminal penalty or 28
civil sanction. 29
2. The provisions of subsection 1 do not apply to: 30
(a) A civil or administrative violation for which intoxication is 31
an element of the violation pursuant to the provisions of a specific 32
statute or regulation; 33
(b) A criminal offense for which intoxication is an element of 34
the offense pursuant to the provisions of a specific statute or 35
regulation; 36
(c) A homicide resulting from driving, operating or being in 37
actual physical control of a vehicle, a power-driven vessel or a 38
sailing vessel under way while under the influence of intoxicating 39
liquor or a controlled substance or resulting from any other conduct 40
prohibited by NRS 484C.110, 484C.130, [484C.430,] subsection 2 41
of NRS 488.400, NRS 488.410, 488.420 or 488.425; and 42
(d) Any offense or violation which is similar to an offense or 43
violation described in paragraph (a), (b) or (c) and which is set forth 44
in an ordinance or resolution of a county, city or town. 45
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3. This section does not make intoxication an excuse or 1
defense for any criminal act. 2
Sec. 7. NRS 458.270 is hereby amended to read as follows: 3
458.270 1. Except as otherwise provided in subsection 7, a 4
person who is found in any public place under the influence of 5
alcohol, in such a condition that the person is unable to exercise care 6
for his or her health or safety or the health or safety of other persons, 7
must be placed under civil protective custody by a peace officer. 8
2. A peace officer may use upon such a person the kind and 9
degree of force which would be lawful if the peace officer were 10
effecting an arrest for a misdemeanor with a warrant. 11
3. If a licensed facility for the treatment of persons with an 12
alcohol use disorder that has been certified by the Division for civil 13
protective custody exists in the community where the person is 14
found, the person must be delivered to the facility for observation 15
and care. If no such facility exists in the community, the person so 16
found may be placed in a county or city jail or detention facility for 17
shelter or supervision for his or her health and safety until he or she 18
is no longer under the influence of alcohol. The person may not be 19
required against his or her will to remain in a licensed facility, jail or 20
detention facility longer than 48 hours. 21
4. An intoxicated person taken into custody by a peace officer 22
for a public offense must immediately be taken to a secure 23
detoxification unit or other appropriate medical facility if the 24
condition of the person appears to require emergency medical 25
treatment. Upon release from the detoxification unit or medical 26
facility, the person must immediately be remanded to the custody of 27
the apprehending peace officer and the criminal proceedings 28
proceed as prescribed by law. 29
5. The placement of a person found under the influence of 30
alcohol in civil protective custody must be: 31
(a) Recorded at the facility, jail or detention facility to which the 32
person is delivered; and 33
(b) Communicated at the earliest practical time to the person’s 34
family or next of kin if they can be located. 35
6. Every peace officer and other public employee or agency 36
acting pursuant to this section is performing a discretionary function 37
or duty. 38
7. The provisions of this section do not apply to a person who 39
is apprehended or arrested for: 40
(a) A civil or administrative violation for which intoxication is 41
an element of the violation pursuant to the provisions of a specific 42
statute or regulation; 43
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(b) A criminal offense for which intoxication is an element of 1
the offense pursuant to the provisions of a specific statute or 2
regulation; 3
(c) A homicide resulting from driving, operating or being in 4
actual physical control of a vehicle, a power-driven vessel or a 5
sailing vessel under way while under the influence of intoxicating 6
liquor or a controlled substance or resulting from any other conduct 7
prohibited by NRS 484C.110, 484C.130, [484C.430,] subsection 2 8
of NRS 488.400, NRS 488.410, 488.420 or 488.425; and 9
(d) Any offense or violation which is similar to an offense or 10
violation described in paragraph (a), (b) or (c) and which is set forth 11
in an ordinance or resolution of a county, city or town. 12
H