S.B. 309
- *SB309*
SENATE BILL NO. 309–SENATOR STEINBECK
MARCH 10, 2025
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to crimes. (BDR 43-906)
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 crimes; revising provisions relating to
prohibited acts concerning the use of alcohol, marijuana
and certain other prohibited substances; increasing the
maximum fine for misdemeanors; increasing the
maximum fine for gross misdemeanors; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law prohibits a person from driving or physically controlling a vehicle or 1
operating or physically controlling a vessel under certain circumstances if the person 2
has specified amounts of certain prohibited substances in his or her blood or urine. 3
(NRS 484C.110, 488.410) Sections 5 and 15 of this bill additionally prohibit a person 4
from driving or physically controlling a vehicle or operating or physically controlling 5
a vessel with specific amounts of fentanyl or methylenedioxymethamphetamine in his 6
or her blood or urine. Section 3 of this bill makes a conforming change to include 7
fentanyl and methylenedioxymethamphetamine in the definition of “prohibited 8
substance.” 9
Existing law also prohibits a person from driving or physically controlling a 10
vehicle or operating or physically controlling a vessel under certain circumstances 11
if the person has specific amounts of marijuana or marijuana metabolite in his or 12
her blood and the offense is punishable as a felony. (NRS 484C.110, 484C.400, 13
488.410, 488.427) Sections 5 and 15 expand the applicability of the prohibition 14
concerning the specific amounts of marijuana and marijuana metabolite, thereby 15
making the prohibition also applicable to offenses punishable as a misdemeanor. 16
Additionally, existing law prohibits a person from driving or physically 17
controlling a vehicle or operating or physically controlling a vessel under certain 18
circumstances if the person is found by a measurement within 2 hours after driving 19
or physically controlling the vehicle or operating or physically controlling the 20
vessel to have a concentration of alcohol of 0.08 or more on his or her breath, or 21
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0.04 or more but less than 0.08 for commercial motor vehicles. (NRS 484C.110, 22
484C.120, 484C.130, 484C.430, 488.410, 488.420, 488.425) Sections 5-7 and 14-23
17 of this bill make various changes to account for the circumstance under which a 24
person drives or physically controls a vehicle or operates or physically controls a 25
vessel under certain circumstances and is found, after being involved in a crash or 26
collision, as applicable, to have the specified concentration of alcohol on his or her 27
breath. Sections 19-23, 28, 29 and 31 of this bill make conforming changes to 28
account for certain organizational changes made in section 5. Section 4 of this bill 29
makes certain changes concerning when a person is presumed to be in physical 30
control of a vehicle involved in a crash. 31
Existing law establishes various penalties applicable to the offense of driving or 32
physically controlling a vehicle while under the influence of alcohol or a prohibited 33
substance, depending on whether the offense is the first, second or third offense 34
within 7 years. (NRS 484C.400) Section 12 of this bill makes various changes to 35
increase certain penalties and other sanctions applicable to a first or second offense. 36
Existing law requires an offender who had a concentration of alcohol of 0.18 or 37
more in his or her blood or breath at the time of an offense to be evaluated before 38
sentencing to determine whether the offender has an alcohol or substance use 39
disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of 40
alcohol threshold to require an offender who had a concentration of alcohol of 0.16 41
or more in his or her blood or breath at the time of the offense to be evaluated for 42
an alcohol or substance use disorder. Sections 1, 2 and 9 of this bill make 43
conforming changes to reduce references to the concentration of alcohol from 0.18 44
to 0.16. 45
Additionally, existing law, under certain circumstances, authorizes certain first, 46
second and third-time offenders to apply to the court to undergo a program of 47
treatment for an alcohol or other substance use disorder. (NRS 484C.320, 48
484C.330, 484C.340) Existing law prohibits an offender from applying to undergo 49
such a program for third-time offenders if the offender has previously applied to 50
receive such treatment or has previously been convicted of certain offenses. (NRS 51
484C.340) Section 10 of this bill removes the restriction related to previous 52
applications by a third-time offender to undergo such a program and instead 53
prohibits the offender from applying to undergo such a program if the offender has 54
previously been ordered to complete a program of treatment for third-time 55
offenders. 56
For the purposes of determining whether a person that drives or physically 57
controls a vehicle while under the influence of alcohol or a prohibited substance is 58
a first, second or third-time offender, existing law qualifies an offense as a prior 59
offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the 60
judgment of conviction is set aside or dismissed in connection with successful 61
completion of a diversionary program or specialty court program. (NRS 484C.400) 62
Section 12 of this bill additionally provides that an offense qualifies as a prior 63
offense if the person is undergoing a program of treatment for an alcohol or 64
substance use disorder for a first, second or third-time offender. 65
Existing law establishes a penalty that is applicable to a person who has 66
previously committed certain felonies related to driving under the influence of 67
alcohol or a prohibited substance and who subsequently commits the offense of 68
driving or physically controlling a vehicle while under the influence of alcohol or a 69
prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies 70
this penalty to a person who is undergoing a program of treatment for an alcohol or 71
substance use disorder for a third-time offender, if the person subsequently 72
commits the offense of driving or physically controlling a vehicle while under the 73
influence of alcohol or a prohibited substance. 74
Existing law requires certain conduct related to driving under the influence of 75
alcohol or a prohibited substance to have taken place “on a highway or on premises 76
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to which the public has access.” (NRS 484C.110, 484C.120, 484C.150, 484C.160) 77
Existing law also requires certain other conduct related to driving under the 78
influence of alcohol or a prohibited substance to have taken place “on or off the 79
highways of this State.” (NRS 484C.130, 484C.430) Sections 7 and 14 of this bill 80
replace the phrase “on or off the highways of this State” with “on a highway or 81
premises to which the public has access” for consistency throughout provisions 82
governing driving under the influence of alcohol or a prohibited substance. 83
Existing law provides that a blood test related to a person accused of driving or 84
physically controlling a vehicle or operating or physically controlling a vessel while 85
under the influence of alcohol or a prohibited substance is not admissible unless the 86
blood test was performed by a person who meets certain qualifications using certain 87
medical standards. (NRS 484C.250, 488.500) Section 38 of this bill repeals those 88
provisions relating to the admissibility of blood tests. Section 8, 18 and 30 of this 89
bill make conforming changes related to the repeal of those provisions. 90
Existing law creates a parallel scheme whereby certain provisions which 91
prohibit a person from driving or physically controlling a vehicle or operating or 92
physically controlling a vessel under certain circumstances with a concentration of 93
alcohol of 0.10 in his or her blood or breath become effective upon the repeal of 94
certain federal laws which require states to enact and enforce laws which prohibit a 95
person from operating a vehicle with a concentration of alcohol of 0.08 in his or her 96
blood. Sections 32-38 of this bill make various changes to repeal the parallel 97
statutory scheme related to the 0.10 threshold. 98
Existing law generally provides that a fine of not more than $1,000 may be 99
imposed for a misdemeanor or certain offenses treated as misdemeanors. (NRS 100
193.120, 193.150, 193.160) Sections 24, 26, and 27 of this bill increase the 101
maximum fine to $3,000. 102
Additionally, existing law generally provides that a fine of not more than 103
$2,000 may be imposed for a gross misdemeanor. (NRS 193.140) Section 25 of 104
this bill increases the maximum fine to $4,000. 105
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484C.030 is hereby amended to read as 1
follows: 2
484C.030 “Concentration of alcohol of [0.18] 0.16 or more in 3
his or her blood or breath” means [0.18] 0.16 gram or more of 4
alcohol per 100 milliliters of the blood of a person or per 210 liters 5
of his or her breath. 6
Sec. 2. NRS 484C.040 is hereby amended to read as follows: 7
484C.040 “Concentration of alcohol of less than [0.18] 0.16 in 8
his or her blood or breath” means less than [0.18] 0.16 gram of 9
alcohol per 100 milliliters of the blood of a person or per 210 liters 10
of his or her breath. 11
Sec. 3. NRS 484C.080 is hereby amended to read as follows: 12
484C.080 “Prohibited substance” means any of the following 13
substances if the person who uses the substance has not been issued 14
a valid prescription to use the substance and the substance is 15
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classified in schedule I or II pursuant to NRS 453.166 or 453.176 1
when it is used: 2
1. Amphetamine. 3
2. Cocaine or cocaine metabolite. 4
3. Fentanyl. 5
4. Heroin or heroin metabolite (morphine or 6-monoacetyl 6
morphine). 7
[4.] 5. Lysergic acid diethylamide. 8
[5.] 6. Marijuana or marijuana metabolite. 9
[6.] 7. Methamphetamine. 10
8. Methylenedioxymethamphetamine. 11
[7.] 9. Phencyclidine. 12
Sec. 4. NRS 484C.109 is hereby amended to read as follows: 13
484C.109 1. For the purposes of this chapter, a person shall 14
be deemed not to be in actual physical control of a vehicle if: 15
[1.] (a) The person is asleep inside the vehicle; 16
[2.] (b) The person is not in the driver’s seat of the vehicle; 17
[3. The] 18
(c) Except as otherwise provided in subsection 2, the engine of 19
the vehicle is not running; 20
[4.] (d) The vehicle is lawfully parked; [and 21
5.] or 22
(e) Under the facts presented, it is evident that the person could 23
not have driven the vehicle to the location while under the influence 24
of intoxicating liquor, a controlled substance or a prohibited 25
substance. 26
2. If the engine of a vehicle is not running at the scene of a 27
vehicle crash, there is a rebuttable presumption that the person 28
who was in the driver’s seat of the vehicle was in actual physical 29
control of the vehicle at the time of the vehicle crash. 30
Sec. 5. NRS 484C.110 is hereby amended to read as follows: 31
484C.110 1. It is unlawful for any person who: 32
(a) Is under the influence of intoxicating liquor; or 33
(b) Has a concentration of alcohol of 0.08 or more in his or her 34
blood or breath , [; or 35
(c) Is found by measurement within 2 hours after driving or 36
being in actual physical control of a vehicle to have a concentration 37
of alcohol of 0.08 or more in his or her blood or breath,] 38
to drive or be in actual physical control of a vehicle on a highway 39
or on premises to which the public has access. 40
2. It is unlawful for any person to drive or be in actual 41
physical control of a vehicle on a highway or on premises to which 42
the public has access if: 43
(a) Except as otherwise provided in paragraph (b), the person 44
is found by measurement within 2 hours after driving or being in 45
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actual physical control of a vehicle to have a concentration of 1
alcohol of 0.08 or more in his or her blood or breath; or 2
(b) The person is found by measurement after driving or being 3
in actual physical control of a vehicle involved in a crash to have a 4
concentration of alcohol of 0.08 or more in his or her blood or 5
breath. 6
3. It is unlawful for any person who: 7
(a) Is under the influence of a controlled substance; 8
(b) Is under the combined influence of intoxicating liquor and a 9
controlled substance; or 10
(c) Inhales, ingests, applies or otherwise uses any chemical, 11
poison or organic solvent, or any compound or combination of any 12
of these, to a degree which renders the person incapable of safely 13
driving or exercising actual physical control of a vehicle, 14
to drive or be in actual physical control of a vehicle on a highway 15
or on premises to which the public has access. The fact that any 16
person charged with a violation of this subsection is or has been 17
entitled to use that drug under the laws of this State is not a defense 18
against any charge of violating this subsection. 19
[3.] 4. It is unlawful for any person to drive or be in actual 20
physical control of a vehicle on a highway or on premises to which 21
the public has access with an amount of any of the following 22
prohibited substances in his or her blood or urine that is equal to or 23
greater than: 24
25
Urine Blood 26
Nanograms Nanograms 27
Prohibited substance per milliliter per milliliter 28
29
(a) Amphetamine 500 100 30
(b) Cocaine 150 50 31
(c) Cocaine metabolite 150 50 32
(d) Fentanyl 10 1 33
(e) Heroin 2,000 50 34
[(e)] (f) Heroin metabolite: 35
(1) Morphine 2,000 50 36
(2) 6-monoacetyl morphine 10 10 37
[(f)] (g) Lysergic acid diethylamide 25 10 38
[(g)] (h) Methamphetamine 500 100 39
(i) Methylenedioxymethamphetamine 100 20 40
[(h)] (j) Phencyclidine 25 10 41
42
[4. For any violation that is punishable pursuant to paragraph 43
(c) of subsection 1 of NRS 484C.400, it] 44
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5. It is unlawful for any person to drive or be in actual physical 1
control of a vehicle on a highway or on premises to which the public 2
has access with an amount of any of the following prohibited 3
substances in his or her blood that is equal to or greater than: 4
5
Blood 6
Nanograms 7
Prohibited substance per milliliter 8
9
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 10
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 11
12
[5.] 6. If consumption is proven by a preponderance of the 13
evidence, it is an affirmative defense under [paragraph (c) of] 14
subsection [1] 2 that the defendant consumed a sufficient quantity of 15
alcohol after driving or being in actual physical control of the 16
vehicle, and before his or her blood or breath was tested, to cause 17
the defendant to have a concentration of alcohol of 0.08 or more in 18
his or her blood or breath. A defendant who intends to offer this 19
defense at a trial or preliminary hearing must, not less than 14 days 20
before the trial or hearing or at such other time as the court may 21
direct, file and serve on the prosecuting attorney a written notice of 22
that intent. 23
[6.] 7. A person who violates any provision of this section may 24
be subject to any additional penalty set forth in NRS 484B.130 or 25
484B.135. 26
Sec. 6. NRS 484C.120 is hereby amended to read as follows: 27
484C.120 1. It is unlawful for any person who: 28
(a) Is under the influence of intoxicating liquor; or 29
(b) Has a concentration of alcohol of 0.04 or more but less than 30
0.08 in his or her blood or breath , [; or 31
(c) Is found by measurement within 2 hours after driving or 32
being in actual physical control of a commercial motor vehicle to 33
have a concentration of alcohol of 0.04 or more but less than 0.08 in 34
his or her blood or breath,] 35
to drive or be in actual physical control of a commercial motor 36
vehicle on a highway or on premises to which the public has access. 37
2. It is unlawful for any person to drive or be in actual 38
physical control of a commercial motor vehicle on a highway or 39
on premises to which the public has access if: 40
(a) Except as otherwise provided in paragraph (b), the person 41
is found by measurement within 2 hours after driving or being in 42
actual physical control of a commercial motor vehicle to have a 43
concentration of alcohol of 0.04 or more but less than 0.08 in his 44
or her blood or breath; or 45
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(b) The person is found by measurement after driving or being 1
in actual physical control of a commercial motor vehicle involved 2
in a crash to have a concentration of alcohol of 0.04 or more but 3
less than 0.08 in his or her blood or breath. 4
3. It is unlawful for any person who: 5
(a) Is under the influence of a controlled substance; 6
(b) Is under the combined influence of intoxicating liquor and a 7
controlled substance; or 8
(c) Inhales, ingests, applies or otherwise uses any chemical, 9
poison or organic solvent, or any compound or combination of any 10
of these, to a degree which renders the person incapable of safely 11
driving or exercising actual physical control of a commercial motor 12
vehicle, 13
to drive or be in actual physical control of a commercial motor 14
vehicle on a highway or on premises to which the public has access. 15
The fact that any person charged with a violation of this subsection 16
is or has been entitled to use that drug under the laws of this State is 17
not a defense against any charge of violating this subsection. 18
[3.] 4. It is unlawful for any person to drive or be in actual 19
physical control of a commercial motor vehicle on a highway or on 20
premises to which the public has access with any prohibited 21
substance in his or her blood or urine. As used in this subsection, 22
“prohibited substance” means any substance described in 21 C.F.R. 23
§ 1308.11. 24
[4.] 5. If consumption is proven by a preponderance of the 25
evidence, it is an affirmative defense under [paragraph (c) of] 26
subsection [1] 2 that the defendant consumed a sufficient quantity of 27
alcohol after driving or being in actual physical control of the 28
commercial motor vehicle, and before his or her blood or breath was 29
tested, to cause the defendant to have a concentration of alcohol of 30
0.04 or more in his or her blood or breath. A defendant who intends 31
to offer this defense at a trial or preliminary hearing must, not less 32
than 14 days before the trial or hearing or at such other time as the 33
court may direct, file and serve on the prosecuting attorney a written 34
notice of that intent. 35
[5.] 6. A person who violates any provision of this section may 36
be subject to any additional penalty set forth in NRS 483.939, 37
484B.130 or 484B.135. 38
[6.] 7. As used in this section: 39
(a) “Commercial motor vehicle” means a motor vehicle or 40
combination of motor vehicles used in commerce to transport 41
passengers or property if the motor vehicle: 42
(1) Has a gross combination weight rating of 26,001 or more 43
pounds which includes a towed unit with a gross vehicle weight 44
rating of more than 10,000 pounds; 45
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(2) Has a gross vehicle weight rating of 26,001 or more 1
pounds; 2
(3) Is designed to transport 16 or more passengers, including 3
the driver; or 4
(4) Regardless of size, is used in the transportation of 5
materials which are considered to be hazardous for the purposes of 6
the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 7
5101 et seq., and for which the display of identifying placards is 8
required pursuant to 49 C.F.R. Part 172, Subpart F. 9
(b) The phrase “concentration of alcohol of 0.04 or more but 10
less than 0.08 in his or her blood or breath” means 0.04 gram or 11
more but less than 0.08 gram of alcohol per 100 milliliters of the 12
blood of a person or per 210 liters of his or her breath. 13
Sec. 7. NRS 484C.130 is hereby amended to read as follows: 14
484C.130 1. A person commits vehicular homicide if the 15
person: 16
(a) Drives or is in actual physical control of a vehicle on [or off 17
the highways of this State] a highway or on premises to which the 18
public has access and: 19
(1) Is under the influence of intoxicating liquor; 20
(2) Has a concentration of alcohol of 0.08 or more in his or 21
her blood or breath; 22
(3) Is found by measurement [within 2 hours] after driving or 23
being in actual physical control of a vehicle involved in a crash to 24
have a concentration of alcohol of 0.08 or more in his or her blood 25
or breath; 26
(4) Is under the influence of a controlled substance or is 27
under the combined influence of intoxicating liquor and a controlled 28
substance; 29
(5) Inhales, ingests, applies or otherwise uses any chemical, 30
poison or organic solvent, or any compound or combination of any 31
of these, to a degree which renders the person incapable of safely 32
driving or exercising actual physical control of a vehicle; or 33
(6) Has a prohibited substance in his or her blood or urine, as 34
applicable, in an amount that is equal to or greater than the amount 35
set forth in subsection [3 or] 4 or 5 of NRS 484C.110; 36
(b) Proximately causes the death of another person while driving 37
or in actual physical control of a vehicle on [or off the highways of 38
this State;] a highway or on premises to which the public has 39
access; and 40
(c) Has previously been convicted of at least three offenses. 41
2. If consumption is proven by a preponderance of the 42
evidence, it is an affirmative defense under subparagraph (3) of 43
paragraph (a) of subsection 1 that the defendant consumed a 44
sufficient quantity of alcohol after driving or being in actual 45
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physical control of the vehicle, and before his or her blood or breath 1
was tested, to cause the defendant to have a concentration of alcohol 2
of 0.08 or more in his or her blood or breath. A defendant who 3
intends to offer this defense at a trial or preliminary hearing must, 4
not less than 14 days before the trial or hearing or at such other time 5
as the court may direct, file and serve on the prosecuting attorney a 6
written notice of that intent. 7
3. As used in this section, “offense” means: 8
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 9
(b) A homicide resulting from driving or being in actual 10
physical control of a vehicle while under the influence of 11
intoxicating liquor or a controlled substance or resulting from any 12
other conduct prohibited by this section or NRS 484C.110 or 13
484C.430; or 14
(c) A violation of a law of any other jurisdiction that prohibits 15
the same or similar conduct as set forth in paragraph (a) or (b). 16
Sec. 8. NRS 484C.240 is hereby amended to read as follows: 17
484C.240 1. If a person refuses to submit to a required 18
chemical test provided for in NRS 484C.150 or 484C.160, evidence 19
of that refusal is admissible in any criminal or administrative action 20
arising out of acts alleged to have been committed while the person 21
was: 22
(a) Driving or in actual physical control of a vehicle while under 23
the influence of intoxicating liquor or a controlled substance or with 24
a prohibited substance in his or her blood or urine; or 25
(b) Engaging in any other conduct prohibited by NRS 484C.110, 26
484C.120, 484C.130 or 484C.430. 27
2. Except as otherwise provided in subsection 3 of NRS 28
484C.150, a court or hearing officer may not exclude evidence of a 29
required test or failure to submit to such a test if the police officer or 30
other person substantially complied with the provisions of NRS 31
484C.150 to [484C.250,] 484C.240, inclusive, and 484C.600 to 32
484C.640, inclusive. 33
3. If a person submits to a chemical test provided for in NRS 34
484C.150 or 484C.160, full information concerning that test must be 35
made available, upon request of the person, to the person or his or 36
her attorney. 37
4. Evidence of a required test is not admissible in a criminal or 38
administrative proceeding unless it is shown by documentary or 39
other evidence that the law enforcement agency calibrated the 40
breath-testing device and otherwise maintained it as required by the 41
regulations of the Committee on Testing for Intoxication. 42
Sec. 9. NRS 484C.320 is hereby amended to read as follows: 43
484C.320 1. An offender who is found guilty of a violation 44
of NRS 484C.110 or 484C.120 that is punishable pursuant to 45
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paragraph (a) of subsection 1 of NRS 484C.400, other than an 1
offender who is found to have a concentration of alcohol of [0.18] 2
0.16 or more in his or her blood or breath, may, at that time or any 3
time before the offender is sentenced, apply to the court to undergo 4
a program of treatment for an alcohol or other substance use 5
disorder for at least 6 months. The court shall authorize that 6
treatment if: 7
(a) The offender is diagnosed as a person with an alcohol or 8
other substance use disorder by: 9
(1) An alcohol and drug counselor who is licensed or 10
certified, or a clinical alcohol and drug counselor who is licensed, 11
pursuant to chapter 641C of NRS, to make that diagnosis; 12
(2) A physician who is certified to make that diagnosis by the 13
Board of Medical Examiners; or 14
(3) An advanced practice registered nurse who is certified to 15
make that diagnosis by the State Board of Nursing; 16
(b) The offender agrees to pay the cost of the treatment to the 17
extent of his or her financial resources; and 18
(c) The offender has served or will serve a term of imprisonment 19
in jail of not less than 1 day, or has performed or will perform 24 20
hours of community service. 21
2. A prosecuting attorney may, within 10 days after receiving 22
notice of an application for treatment pursuant to this section, 23
request a hearing on the question of whether the offender is eligible 24
to undergo a program of treatment for an alcohol or other substance 25
use disorder. The court shall order a hearing on the application upon 26
the request of the prosecuting attorney or may order a hearing on its 27
own motion. The hearing must be limited to the question of whether 28
the offender is eligible to undergo such a program of treatment. 29
3. At the hearing on the application for treatment, the 30
prosecuting attorney may present the court with any relevant 31
evidence on the matter. If a hearing is not held, the court shall 32
decide the matter upon affidavits and other information before the 33
court. 34
4. If the court grants an application for treatment, the court 35
shall: 36
(a) Immediately sentence the offender and enter judgment 37
accordingly. 38
(b) Suspend the sentence of the offender for not more than 3 39
years upon the condition that the offender be accepted for treatment 40
by a treatment provider that is approved by the court, that the 41
offender complete the treatment satisfactorily and that the offender 42
comply with any other condition ordered by the court. If the court 43
has a specialty court program for the supervision and monitoring of 44
the person, the treatment provider must comply with the 45
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requirements of the specialty court, including, without limitation, 1
any requirement to submit progress reports to the specialty court. 2
(c) Advise the offender that: 3
(1) He or she may be placed under the supervision of a 4
treatment provider for a period not to exceed 3 years. 5
(2) The court may order the offender to be admitted to a 6
residential treatment facility or to be provided with outpatient 7
treatment in the community. 8
(3) If the offender fails to complete the program of treatment 9
satisfactorily, the offender shall serve the sentence imposed by the 10
court. Any sentence of imprisonment must be reduced by a time 11
equal to that which the offender served before beginning treatment. 12
(4) If the offender completes the treatment satisfactorily, the 13
offender’s sentence will be reduced to a term of imprisonment 14
which is not less than 1 day and a fine of not more than the 15
minimum fine provided for the offense in NRS 484C.400, but 16
the conviction must remain on the record of criminal history of the 17
offender for the period prescribed by law. 18
5. The court shall administer the program of treatment pursuant 19
to the procedures provided in NRS 176A.230 to 176A.245, 20
inclusive, except that the court: 21
(a) Shall not defer the sentence, set aside the conviction or 22
impose conditions upon the election of treatment except as 23
otherwise provided in this section. 24
(b) May immediately revoke the suspension of sentence for a 25
violation of any condition of the suspension. 26
6. The court shall notify the Department, on a form approved 27
by the Department, upon granting the application of the offender for 28
treatment and his or her failure to be accepted for or complete 29
treatment. 30
Sec. 10. NRS 484C.340 is hereby amended to read as follows: 31
484C.340 1. An offender who enters a plea of guilty or nolo 32
contendere to a violation of NRS 484C.110 or 484C.120 that is 33
punishable pursuant to paragraph (c) of subsection 1 of NRS 34
484C.400 may, at the time the offender enters a plea, apply to the 35
court to undergo a program of treatment for an alcohol or other 36
substance use disorder for at least 3 years. The court may authorize 37
that treatment if: 38
(a) The offender is diagnosed as a person with an alcohol or 39
other substance use disorder by: 40
(1) An alcohol and drug counselor who is licensed or 41
certified, or a clinical alcohol and drug counselor who is licensed, 42
pursuant to chapter 641C of NRS, to make that diagnosis; 43
(2) A physician who is certified to make that diagnosis by the 44
Board of Medical Examiners; 45
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(3) An advanced practice registered nurse who is certified to 1
make that diagnosis by the State Board of Nursing; and 2
(b) The offender agrees to pay the costs of the treatment to the 3
extent of his or her financial resources. 4
An alcohol and drug counselor, a clinical alcohol and drug 5
counselor, a physician or an advanced practice registered nurse who 6
diagnoses an offender as a person with an alcohol or other substance 7
use disorder shall make a report and recommendation to the court 8
concerning the length and type of treatment required for the 9
offender. 10
2. A prosecuting attorney may, within 10 days after receiving 11
notice of an application for treatment pursuant to this section, 12
request a hearing on the matter. The court shall order a hearing on 13
the application upon the request of the prosecuting attorney or may 14
order a hearing on its own motion. 15
3. At the hearing on the application for treatment, the 16
prosecuting attorney may present the court with any relevant 17
evidence on the matter. If a hearing is not held, the court shall 18
decide the matter and other information before the court. 19
4. If the court determines that an application for treatment 20
should be granted, the court shall: 21
(a) Immediately, without entering a judgment of conviction and 22
with the consent of the offender, suspend further proceedings and 23
place the offender on probation for not more than 5 years. 24
(b) Order the offender to complete a program of treatment for an 25
alcohol or other substance use disorder with a treatment provider 26
approved by the court. If the court has a specialty court program for 27
the supervision and monitoring of the person, the treatment provider 28
must comply with the requirements of the specialty court, including, 29
without limitation, any requirement to submit progress reports to the 30
specialty court. 31
(c) Advise the offender that: 32
(1) He or she may be placed under the supervision of a 33
treatment provider for not more than 5 years. 34
(2) The court may order the offender to be admitted to a 35
residential treatment facility. 36
(3) The court will enter a judgment of conviction for a 37
violation of paragraph (c) of subsection 1 of NRS 484C.400 if a 38
treatment provider fails to accept the offender for a program of 39
treatment for an alcohol or other substance use disorder or if the 40
offender fails to complete the program of treatment satisfactorily. 41
Any sentence of imprisonment may be reduced by a time equal to 42
that which the offender served before beginning treatment. 43
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(4) If the offender completes the treatment satisfactorily, the 1
court will enter a judgment of conviction for a violation of 2
paragraph (b) of subsection 1 of NRS 484C.400. 3
(5) The provisions of NRS 483.460 requiring the revocation 4
of the license, permit or privilege of the offender to drive do not 5
apply. 6
5. The court shall administer the program of treatment pursuant 7
to the procedures provided in NRS 176A.230 to 176A.245, 8
inclusive, except that the court: 9
(a) Shall not defer the sentence or set aside the conviction upon 10
the election of treatment, except as otherwise provided in this 11
section; and 12
(b) May enter a judgment of conviction and proceed as provided 13
in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of 14
a condition ordered by the court. 15
6. To participate in a program of treatment, the offender must: 16
(a) Serve not less than 6 months of residential confinement; 17
(b) Be placed under a system of active electronic monitoring, 18
through the Division, that is capable of identifying the offender’s 19
location and producing, upon request, reports or records of the 20
offender’s presence near or within, or departure from, a specified 21
geographic location and pay any costs associated with the offender’s 22
participation under the system of active electronic monitoring; 23
(c) Install, at his or her own expense, an ignition interlock 24
device for not less than 12 months; 25
(d) Not drive any vehicle unless it is equipped with an ignition 26
interlock device; 27
(e) Agree to be subject to periodic testing for the use of alcohol 28
or controlled substances while participating in a program of 29
treatment; and 30
(f) Agree to any other conditions that the court deems necessary. 31
7. An offender may not apply to the court to undergo a 32
program of treatment for an alcohol or other substance use disorder 33
pursuant to this section if the offender has previously [applied] been 34
ordered to [receive] complete a program of treatment pursuant to 35
this section or if the offender has previously been convicted of: 36
(a) A violation of NRS 484C.430; 37
(b) A violation of NRS 484C.130; 38
(c) A homicide resulting from driving or being in actual physical 39
control of a vehicle while under the influence of intoxicating liquor 40
or a controlled substance or resulting from any other conduct 41
prohibited by NRS 484C.110, 484C.130 or 484C.430; 42
(d) A violation of paragraph (c) of subsection 1 of 43
NRS 484C.400; 44
(e) A violation of NRS 484C.410; or 45
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(f) A violation of law of any other jurisdiction that prohibits the 1
same or similar conduct as set forth in paragraph (a), (b), (c) or (d). 2
8. An offender placed under a system of active electronic 3
monitoring pursuant to paragraph (b) of subsection 6 shall: 4
(a) Follow the instructions provided by the Division to maintain 5
the electronic monitoring device in working order. 6
(b) Report any incidental damage or defacement of the 7
electronic monitoring device to the Division within 2 hours after the 8
occurrence of the damage or defacement. 9
(c) Abide by any other conditions set forth by the court or the 10
Division with regard to the offender’s participation under the system 11
of active electronic monitoring. 12
9. Except as otherwise provided in this subsection, a person 13
who intentionally removes or disables or attempts to remove or 14
disable an electronic monitoring device placed on an offender 15
pursuant to this section is guilty of a gross misdemeanor. The 16
provisions of this subsection do not prohibit a person authorized by 17
the Division from performing maintenance or repairs to an 18
electronic monitoring device. 19
10. As used is this section, “Division” means the Division of 20
Parole and Probation of the Department of Public Safety. 21
Sec. 11. NRS 484C.350 is hereby amended to read as follows: 22
484C.350 1. If an offender is found guilty of a violation of 23
NRS 484C.110 that is punishable pursuant to paragraph (a) of 24
subsection 1 of NRS 484C.400 and if the concentration of alcohol in 25
the offender’s blood or breath at the time of the offense was [0.18] 26
0.16 or more, if an offender is found guilty of a violation of NRS 27
484C.110 or 484C.120 that is punishable pursuant to paragraph (b) 28
of subsection 1 of NRS 484C.400 or if an offender is found guilty of 29
a violation of subsection 4 of NRS 453.336, the court shall, before 30
sentencing the offender, require an evaluation of the offender 31
pursuant to subsection 3, 4, 5 or 6 to determine whether the offender 32
has an alcohol or other substance use disorder. 33
2. If an offender is convicted of a violation of NRS 484C.110 34
or 484C.120 that is punishable pursuant to paragraph (a) of 35
subsection 1 of NRS 484C.400 and if the offender is under 21 years 36
of age at the time of the violation or if the offender is convicted of a 37
violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NRS 38
202.040 or subsection 4 of NRS 678D.310, the court shall, before 39
sentencing the offender, require an evaluation of the offender 40
pursuant to subsection 3, 4, 5 or 6 to determine whether the offender 41
has an alcohol or other substance use disorder. 42
3. Except as otherwise provided in subsection 4, 5 or 6, the 43
evaluation of an offender pursuant to this section must be conducted 44
at an evaluation center by: 45
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(a) An alcohol and drug counselor who is licensed or certified, 1
or a clinical alcohol and drug counselor who is licensed, pursuant to 2
chapter 641C of NRS, to make that evaluation; 3
(b) A physician who is certified to make that evaluation by the 4
Board of Medical Examiners; or 5
(c) An advanced practice registered nurse who is certified to 6
make that diagnosis by the State Board of Nursing, 7
who shall report to the court the results of the evaluation and 8
make a recommendation to the court concerning the length and type 9
of treatment required for the offender. 10
4. The evaluation of an offender who resides more than 30 11
miles from an evaluation center may be conducted outside an 12
evaluation center by a person who has the qualifications set forth in 13
subsection 3. The person who conducts the evaluation shall report to 14
the court the results of the evaluation and make a recommendation 15
to the court concerning the length and type of treatment required for 16
the offender. 17
5. The evaluation of an offender who resides in another state 18
may, upon approval of the court, be conducted in the state where the 19
offender resides by a physician, advanced practice registered nurse 20
or other person who is authorized by the appropriate governmental 21
agency in that state to conduct such an evaluation. The offender 22
shall ensure that the results of the evaluation and the 23
recommendation concerning the length and type of treatment for the 24
offender are reported to the court. 25
6. The evaluation of an offender who resides in this State may, 26
upon approval of the court, be conducted in another state by a 27
physician, advanced practice registered nurse or other person who is 28
authorized by the appropriate governmental agency in that state to 29
conduct such an evaluation if the location of the physician, 30
advanced practice registered nurse or other person in the other state 31
is closer to the residence of the offender than the nearest location in 32
this State at which an evaluation may be conducted. The offender 33
shall ensure that the results of the evaluation and the 34
recommendation concerning the length and type of treatment for the 35
offender are reported to the court. 36
7. An offender who is evaluated pursuant to this section shall 37
pay the cost of the evaluation. An evaluation center or a person who 38
conducts an evaluation in this State outside an evaluation center 39
shall not charge an offender more than $100 for the evaluation. 40
Sec. 12. NRS 484C.400 is hereby amended to read as follows: 41
484C.400 1. Unless a greater penalty is provided pursuant to 42
NRS 484C.430 or 484C.440, and except as otherwise provided in 43
NRS 484C.394 or 484C.410, a person who violates the provisions 44
of NRS 484C.110 or 484C.120: 45
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(a) For the first offense within 7 years, is guilty of a 1
misdemeanor. Unless the person is allowed to undergo treatment as 2
provided in NRS 484C.320, the court shall: 3
(1) Except as otherwise provided in subparagraph [(4)] (5) of 4
this paragraph or subsection 3 of NRS 484C.420, order the person to 5
pay tuition for an educational course on alcohol or other substance 6
use disorders approved by the Department and complete the course 7
within the time specified in the order, and the court shall notify the 8
Department if the person fails to complete the course within the 9
specified time; 10
(2) [Unless] Except as otherwise provided in subparagraph 11
(3) and unless the sentence is reduced pursuant to NRS 484C.320: 12
(I) Sentence the person to imprisonment for not less than 13
2 days nor more than 6 months in jail or residential confinement for 14
not less than 2 days nor more than 6 months, in the manner provided 15
in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or 16
(II) Order the person to perform not less than 48 hours, 17
but not more than 96 hours, of community service; 18
(3) If the violation involved a vehicle crash, sentence the 19
person to: 20
(I) Imprisonment for not less than 10 days nor more 21
than 6 months in jail; or 22
(II) Residential confinement for not less than 10 days 23
nor more than 6 months, in the manner provided in NRS 4.376 to 24
4.3766, inclusive, or 5.0755 to 5.078, inclusive. 25
(4) Fine the person not less than $400 nor more than 26
[$1,000;] $3,000; and 27
[(4)] (5) If the person is found to have a concentration of 28
alcohol of [0.18] 0.16 or more in his or her blood or breath [,] or the 29
violation involved a vehicle crash, order the person to attend a 30
program of treatment for an alcohol or other substance use disorder 31
pursuant to the provisions of NRS 484C.360. 32
(b) For a second offense within 7 years, is guilty of a 33
misdemeanor. Unless the sentence is reduced pursuant to NRS 34
484C.330, the court shall: 35
(1) [Sentence] Except as otherwise provided in 36
subparagraph (2), sentence the person to: 37
(I) Imprisonment for not less than [10] 20 days nor more 38
than 6 months in jail; or 39
(II) Residential confinement for not less than [10] 20 days 40
nor more than 6 months, in the manner provided in NRS 4.376 to 41
4.3766, inclusive, or 5.0755 to 5.078, inclusive; 42
(2) If the violation involved a vehicle crash, sentence the 43
person to: 44
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(I) Imprisonment for not less than 30 days nor more 1
than 6 months in jail; or 2
(II) Residential confinement for not less than 30 days 3
nor more than 6 months, in the manner provided in NRS 4.376 to 4
4.3766, inclusive, or 5.0755 to 5.078, inclusive. 5
(3) Fine the person not less than $750 nor more than $1,000, 6
or order the person to perform an equivalent number of hours of 7
community service; and 8
[(3)] (4) Order the person to attend a program of treatment 9
for an alcohol or other substance use disorder pursuant to the 10
provisions of NRS 484C.360 [.] , which must be for a term of not 11
less than 150 hours if the violation involved a vehicle crash. 12
A person who willfully fails or refuses to complete successfully a 13
term of residential confinement or a program of treatment ordered 14
pursuant to this paragraph is guilty of a misdemeanor. 15
(c) Except as otherwise provided in NRS 484C.340, for a third 16
offense within 7 years, is guilty of a category B felony and the 17
court: 18
(1) Shall: 19
(I) Sentence the person to imprisonment in the state 20
prison for a minimum term of not less than 1 year and a maximum 21
term of not more than 6 years; and 22
(II) Fine the person not less than $2,000 nor more than 23
$5,000; and 24
(2) May order the person to attend a program of treatment for 25
an alcohol or other substance use disorder pursuant to the provisions 26
of NRS 484C.360 if the results of an evaluation conducted pursuant 27
to NRS 484C.300 indicate that the person has an alcohol or other 28
substance use disorder and that the person can be treated 29
successfully for his or her condition. 30
An offender who is imprisoned pursuant to the provisions of this 31
paragraph must, insofar as practicable, be segregated from offenders 32
whose crimes were violent and, insofar as practicable, be assigned 33
to an institution or facility of minimum security. 34
2. An offense that occurred within 7 years immediately 35
preceding the date of the principal offense or after the principal 36
offense constitutes a prior offense for the purposes of this section: 37
(a) When evidenced by a conviction; [or] 38
(b) If the person is undergoing a program of treatment for an 39
alcohol or other substance use disorder pursuant to NRS 40
484C.320, 484C.330 or 484C.340 as a result of the offense; or 41
(c) If the offense is conditionally dismissed or the judgment of 42
conviction is set aside pursuant to NRS 176A.240, 176A.260 or 43
176A.290 or dismissed in connection with successful completion of 44
a diversionary program or specialty court program, 45
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without regard to the sequence of the offenses and convictions. 1
The facts concerning a prior offense must be alleged in the 2
complaint, indictment or information, must not be read to the jury or 3
proved at trial but must be proved at the time of sentencing and, if 4
the principal offense is alleged to be a felony, must also be shown at 5
the preliminary examination or presented to the grand jury. 6
3. A term of confinement imposed pursuant to the provisions 7
of this section may be served intermittently at the discretion of the 8
judge or justice of the peace, except that a person who is convicted 9
of a second or subsequent offense within 7 years must be confined 10
for at least one segment of not less than 48 consecutive hours. This 11
discretion must be exercised after considering all the circumstances 12
surrounding the offense, and the family and employment of the 13
offender, but any sentence of 30 days or less must be served within 14
6 months after the date of conviction or, if the offender was 15
sentenced pursuant to NRS 484C.320 or 484C.330 and the 16
suspension of his or her sentence was revoked, within 6 months 17
after the date of revocation. Any time for which the offender is 18
confined must consist of not less than 24 consecutive hours. 19
4. Jail sentences simultaneously imposed pursuant to this 20
section and NRS 482.456, 483.560, 484C.410 or 485.330 must run 21
consecutively. 22
5. If the defendant was transporting a person who is less than 23
15 years of age in the motor vehicle at the time of the violation, the 24
court shall consider that fact as an aggravating factor in determining 25
the sentence of the defendant. 26
6. For the purpose of determining whether one offense occurs 27
within 7 years of another offense, any period of time between the 28
two offenses during which, for any such offense, the offender is 29
imprisoned, serving a term of residential confinement, placed under 30
the supervision of a treatment provider, on parole or on probation 31
must be excluded. 32
7. As used in this section, unless the context otherwise 33
requires, “offense” means: 34
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 35
(b) A homicide resulting from driving or being in actual 36
physical control of a vehicle while under the influence of 37
intoxicating liquor or a controlled substance or resulting from any 38
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 39
or 40
(c) A violation of a law of any other jurisdiction that prohibits 41
the same or similar conduct as set forth in paragraph (a) or (b). 42
Sec. 13. NRS 484C.410 is hereby amended to read as follows: 43
484C.410 1. Unless a greater penalty is provided in NRS 44
484C.440, a person who [has] : 45
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(a) Has previously been convicted of: 1
[(a)] (1) A violation of NRS 484C.110 or 484C.120 that is 2
punishable as a felony pursuant to paragraph (c) of subsection 1 of 3
NRS 484C.400; 4
[(b)] (2) A violation of NRS 484C.430; 5
[(c)] (3) A homicide resulting from driving or being in actual 6
physical control of a vehicle while under the influence of 7
intoxicating liquor or a controlled substance or resulting from any 8
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 9
[(d)] (4) A violation of a law of any other jurisdiction that 10
prohibits the same or similar conduct as set forth in [paragraph (a), 11
(b)] subparagraph (1), (2) or [(c);] (3); or 12
[(e)] (5) A violation of NRS 484C.110 or 484C.120 that is 13
punishable pursuant to paragraph (c) of subsection 1 of NRS 14
484C.400 that was reduced from a felony pursuant to NRS 15
484C.340 [,] ; or 16
(b) Is undergoing a program of treatment for an alcohol or 17
other substance use disorder pursuant to NRS 484C.340, 18
and who violates the provisions of NRS 484C.110 or 484C.120 is 19
guilty of a category B felony and shall be punished by imprisonment 20
in the state prison for a minimum term of not less than 2 years and a 21
maximum term of not more than 15 years, and shall be further 22
punished by a fine of not less than $2,000 nor more than $5,000. An 23
offender so imprisoned must, insofar as practicable, be segregated 24
from offenders whose crimes were violent and, insofar as 25
practicable, be assigned to an institution or facility of minimum 26
security. 27
2. An offense which is listed in [paragraphs (a)] 28
subparagraphs (1) to [(e),] (5), inclusive, of paragraph (a) of 29
subsection 1 that occurred on any date preceding the date of the 30
principal offense or after the principal offense constitutes a prior 31
offense for the purposes of this section when evidenced by a 32
conviction, without regard for the sequence of the offenses and 33
convictions. The facts concerning a prior offense must be alleged in 34
the complaint, indictment or information, must not be read to the 35
jury or proved at trial but must be proved at the time of sentencing 36
and, if the principal offense is alleged to be a felony, must also be 37
shown at the preliminary examination or presented to the grand jury. 38
3. A term of confinement imposed pursuant to the provisions 39
of this section may be served intermittently at the discretion of the 40
judge or justice of the peace, except that a person who is convicted 41
of a second or subsequent offense within 7 years must be confined 42
for at least one segment of not less than 48 consecutive hours. This 43
discretion must be exercised after considering all the circumstances 44
surrounding the offense, and the family and employment of the 45
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offender, but any sentence of 30 days or less must be served within 1
6 months after the date of conviction or, if the offender was 2
sentenced pursuant to NRS 484C.320 or 484C.330 and the 3
suspension of offender’s sentence was revoked, within 6 months 4
after the date of revocation. Any time for which the offender is 5
confined must consist of not less than 24 consecutive hours. 6
4. Jail sentences simultaneously imposed pursuant to this 7
section and NRS 482.456, 483.560, 484C.400 or 485.330 must run 8
consecutively. 9
5. If the defendant was transporting a person who is less than 10
15 years of age in the motor vehicle at the time of the violation, the 11
court shall consider that fact as an aggravating factor in determining 12
the sentence of the defendant. 13
6. For the purpose of determining whether one offense occurs 14
within 7 years of another offense, any period of time between the 15
two offenses during which, for any such offense, the offender is 16
imprisoned, serving a term of residential confinement, placed under 17
the supervision of a treatment provider, on parole or on probation 18
must be excluded. 19
7. As used in this section, unless the context otherwise 20
requires, “offense” means: 21
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 22
(b) A homicide resulting from driving or being in actual 23
physical control of a vehicle while under the influence of 24
intoxicating liquor or a controlled substance or resulting from any 25
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 26
or 27
(c) A violation of a law of any other jurisdiction that prohibits 28
the same or similar conduct as set forth in paragraph (a) or (b). 29
Sec. 14. NRS 484C.430 is hereby amended to read as follows: 30
484C.430 1. Unless a greater penalty is provided pursuant to 31
NRS 484C.440, a person who: 32
(a) Is under the influence of intoxicating liquor; 33
(b) Has a concentration of alcohol of 0.08 or more in his or her 34
blood or breath; 35
(c) [Is found by measurement within 2 hours after driving or 36
being in actual physical control of a vehicle to have a concentration 37
of alcohol of 0.08 or more in his or her blood or breath; 38
(d) Is under the influence of a controlled substance or is under 39
the combined influence of intoxicating liquor and a controlled 40
substance; 41
(e)] Inhales, ingests, applies or otherwise uses any chemical, 42
poison or organic solvent, or any compound or combination of any 43
of these, to a degree which renders the person incapable of safely 44
driving or exercising actual physical control of a vehicle; or 45
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[(f)] (d) Has a prohibited substance in his or her blood or urine, 1
as applicable, in an amount that is equal to or greater than the 2
amount set forth in subsection [3 or] 4 or 5 of NRS 484C.110, 3
and does any act or neglects any duty imposed by law while 4
driving or in actual physical control of any vehicle on [or off the 5
highways of this State,] a highway or on premises to which the 6
public has access, if the act or neglect of duty proximately causes 7
the death of, or substantial bodily harm to, another person, is guilty 8
of a category B felony and shall be punished by imprisonment in the 9
state prison for a minimum term of not less than 2 years and a 10
maximum term of not more than 20 years and must be further 11
punished by a fine of not less than $2,000 nor more than $5,000. 12
2. A person is guilty of a category B felony and shall be 13
punished by imprisonment in the state prison for a minimum term 14
of not less than 2 years and a maximum term of not more than 20 15
years and must be further punished by a fine of not less than 16
$2,000 nor more than $5,000 if the person: 17
(a) Does any act or neglects any duty imposed by law while 18
driving or in actual physical control of any vehicle on a highway 19
or on premises to which the public has access that proximately 20
causes the death of, or substantial bodily harm to, another person; 21
and 22
(b) Is found by measurement after driving or being in actual 23
physical control of the vehicle involved in the crash to have a 24
concentration of alcohol of 0.08 or more in his or her blood or 25
breath. 26
3. A person [so] imprisoned pursuant to subsection 1 or 2 27
must, insofar as practicable, be segregated from offenders whose 28
crimes were violent and, insofar as practicable, be assigned to an 29
institution or facility of minimum security. 30
[2.] 4. A prosecuting attorney shall not dismiss a charge of 31
violating the provisions of subsection 1 or 2 in exchange for a plea 32
of guilty, guilty but mentally ill or nolo contendere to a lesser charge 33
or for any other reason unless the attorney knows or it is obvious 34
that the charge is not supported by probable cause or cannot be 35
proved at the time of trial. A sentence imposed pursuant to 36
subsection 1 or 2 may not be suspended nor may probation be 37
granted. 38
[3.] 5. Except as otherwise provided in subsection [4,] 6, if 39
consumption is proven by a preponderance of the evidence, it is an 40
affirmative defense under [paragraph (c) of] subsection [1] 2 that the 41
defendant consumed a sufficient quantity of alcohol after driving or 42
being in actual physical control of the vehicle, and before his or her 43
blood or breath was tested, to cause the defendant to have a 44
concentration of alcohol of 0.08 or more in his or her blood or 45
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breath. A defendant who intends to offer this defense at a trial or 1
preliminary hearing must, not less than 14 days before the trial or 2
hearing or at such other time as the court may direct, file and serve 3
on the prosecuting attorney a written notice of that intent. 4
[4.] 6. If the defendant is also charged with violating the 5
provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant 6
may not offer the affirmative defense set forth in subsection [3.] 5. 7
[5.] 7. If the defendant was transporting a person who is less 8
than 15 years of age in the motor vehicle at the time of the violation, 9
the court shall consider that fact as an aggravating factor in 10
determining the sentence of the defendant. 11
Sec. 15. NRS 488.410 is hereby amended to read as follows: 12
488.410 1. It is unlawful for any 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 , [; or 16
(c) Is found by measurement within 2 hours after operating or 17
being in actual physical control of a power-driven vessel or sailing 18
vessel under way to have a concentration of alcohol of 0.08 or more 19
in his or her blood or breath,] 20
to operate or be in actual physical control of a power-driven 21
vessel or sailing vessel under way on the waters of this State. 22
2. It is unlawful for any person to operate or be in actual 23
physical control of a power-driven vessel or sailing vessel under 24
way on the waters of this State if: 25
(a) Except as otherwise provided in paragraph (b), the person 26
is found by measurement within 2 hours after operating or being 27
in actual physical control of a power-driven vessel or sailing vessel 28
under way to have a concentration of alcohol of 0.08 or more in 29
his or her blood or breath; or 30
(b) The person is found by measurement after operating or 31
being in actual physical control of a power-driven vessel or sailing 32
vessel involved in a collision while under way to have a 33
concentration of alcohol of 0.08 or more in his or her blood or 34
breath. 35
3. It is unlawful for any person who: 36
(a) Is under the influence of a controlled substance; 37
(b) Is under the combined influence of intoxicating liquor and a 38
controlled substance; or 39
(c) Inhales, ingests, applies or otherwise uses any chemical, 40
poison or organic solvent, or any compound or combination of any 41
of these, to a degree which renders the person incapable of safely 42
operating or exercising actual physical control of a power-driven 43
vessel or sailing vessel under way, 44
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to operate or be in actual physical control of a power-driven 1
vessel or sailing vessel under way on the waters of this State. 2
[3.] 4. It is unlawful for any person to operate or be in actual 3
physical control of a power-driven vessel or sailing vessel under 4
way on the waters of this State with an amount of any of the 5
following prohibited substances in his or her blood or urine that is 6
equal to or greater than: 7
8
Urine Blood 9
Nanograms per Nanograms per 10
Prohibited substance milliliter milliliter 11
12
(a) Amphetamine 500 100 13
(b) Cocaine 150 50 14
(c) Cocaine metabolite 150 50 15
(d) Fentanyl 10 1 16
[(d)] (e) Heroin 2,000 50 17
[(e)] (f) Heroin metabolite: 18
(1) Morphine 2,000 50 19
(2) 6-monoacetyl morphine 10 10 20
[(f)] (g) Lysergic acid diethylamide 25 10 21
[(g)] (h) Methamphetamine 500 100 22
(i) Methylenedioxymethamphetamine 100 20 23
[(h)] (j) Phencyclidine 25 10 24
25
[4. For any violation that is punishable pursuant to NRS 26
488.427, it] 27
5. It is unlawful for any person to operate or be in actual 28
physical control of a power-driven vessel or sailing vessel under 29
way on the waters of this State with an amount of any of the 30
following prohibited substances in his or her blood that is equal to 31
or greater than: 32
33
Blood 34
Nanograms per 35
Prohibited substance milliliter 36
37
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 38
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 39
40
[5.] 6. If consumption is proven by a preponderance of the 41
evidence, it is an affirmative defense under [paragraph (c) of] 42
subsection [1] 2 that the defendant consumed a sufficient quantity of 43
alcohol after operating or being in actual physical control of the 44
power-driven vessel or sailing vessel, as applicable, under way and 45
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before his or her blood was tested, to cause the defendant to have a 1
concentration of 0.08 or more of alcohol in his or her blood or 2
breath. A defendant who intends to offer this defense at a trial 3
or preliminary hearing must, not less than 14 days before the trial or 4
hearing or at such other time as the court may direct, file and serve 5
on the prosecuting attorney a written notice of that intent. 6
[6.] 7. Except as otherwise provided in NRS 488.427, a person 7
who violates the provisions of this section is guilty of a 8
misdemeanor. 9
Sec. 16. NRS 488.420 is hereby amended to read as follows: 10
488.420 1. Unless a greater penalty is provided pursuant to 11
NRS 488.425, a person who: 12
(a) Is under the influence of intoxicating liquor; 13
(b) Has a concentration of alcohol of 0.08 or more in his or her 14
blood or breath; 15
(c) [Is found by measurement within 2 hours after operating or 16
being in actual physical control of a power-driven vessel or sailing 17
vessel under way to have a concentration of alcohol of 0.08 or more 18
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)] (d) Inhales, ingests, applies or otherwise uses any 23
chemical, poison or organic solvent, or any compound or 24
combination of any of these, to a degree which renders the person 25
incapable of safely operating or being in actual physical control of a 26
power-driven vessel or sailing vessel under way; or 27
[(f)] (e) Has a prohibited substance in his or her blood or urine, 28
as applicable, in an amount that is equal to or greater than the 29
amount set forth in subsection [3 or] 4 or 5 of NRS 488.410, 30
and does any act or neglects any duty imposed by law while 31
operating or being in actual physical control of any power-driven 32
vessel or sailing vessel under way, if the act or neglect of duty 33
proximately causes the death of, or substantial bodily harm to, 34
another person, is guilty of a category B felony and shall be 35
punished by imprisonment in the state prison for a minimum term of 36
not less than 2 years and a maximum term of not more than 20 years 37
and shall be further punished by a fine of not less than $2,000 nor 38
more than $5,000. 39
2. A person is guilty of a category B felony and shall be 40
punished by imprisonment in the state prison for a minimum term 41
of not less than 2 years and a maximum term of not more than 20 42
years and shall be further punished by a fine of not less than 43
$2,000 nor more than $5,000 if the person: 44
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(a) Does any act or neglects any duty imposed by law while 1
operating or being in actual physical control of any power-driven 2
vessel or sailing vessel under way that proximately causes the 3
death of, or substantial bodily harm to, another person; and 4
(b) Is found by measurement after operating or being in actual 5
physical control of the power-driven vessel or sailing vessel 6
involved in the collision while under way to have a concentration 7
of alcohol of 0.08 or more in his or her blood or breath. 8
3. A person [so] imprisoned pursuant to subsection 1 or 2 9
must, insofar as practicable, be segregated from offenders whose 10
crimes were violent and, insofar as practicable, be assigned to an 11
institution or facility of minimum security. 12
[2.] 4. A prosecuting attorney shall not dismiss a charge of 13
violating the provisions of subsection 1 or 2 in exchange for a plea 14
of guilty, guilty but mentally ill or nolo contendere to a lesser charge 15
or for any other reason unless the prosecuting attorney knows or it is 16
obvious that the charge is not supported by probable cause or cannot 17
be proved at the time of trial. A sentence imposed pursuant to 18
subsection 1 or 2 must not be suspended, and probation must not be 19
granted. 20
[3.] 5. If consumption is proven by a preponderance of the 21
evidence, it is an affirmative defense under [paragraph (c) of] 22
subsection [1] 2 that the defendant consumed a sufficient quantity of 23
alcohol after operating or being in actual physical control of the 24
power-driven vessel or sailing vessel, as applicable, under way and 25
before his or her blood was tested, to cause the defendant to have a 26
concentration of alcohol of 0.08 or more in his or her blood or 27
breath. A defendant who intends to offer this defense at a trial 28
or preliminary hearing must, not less than 14 days before the trial or 29
hearing or at such other time as the court may direct, file and serve 30
on the prosecuting attorney a written notice of that intent. 31
[4.] 6. If a person less than 15 years of age was in the vessel at 32
the time of the defendant’s violation, the court shall consider that 33
fact as an aggravating factor in determining the sentence of the 34
defendant. 35
Sec. 17. NRS 488.425 is hereby amended to read as follows: 36
488.425 1. A person commits homicide by vessel if the 37
person: 38
(a) Operates or is in actual physical control of a power-driven 39
vessel or sailing vessel under way on the waters of this State and: 40
(1) Is under the influence of intoxicating liquor; 41
(2) Has a concentration of alcohol of 0.08 or more in his or 42
her blood or breath; 43
(3) Is found by measurement [within 2 hours] after operating 44
or being in actual physical control of a power-driven vessel or 45
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sailing vessel involved in a collision under way to have a 1
concentration of alcohol of 0.08 or more in his or her blood or 2
breath; 3
(4) Is under the influence of a controlled substance or is 4
under the combined influence of intoxicating liquor and a controlled 5
substance; 6
(5) Inhales, ingests, applies or otherwise uses any chemical, 7
poison or organic solvent, or any compound or combination of any 8
of these, to a degree which renders the person incapable of safely 9
operating or exercising actual physical control of a power-driven 10
vessel or sailing vessel under way; or 11
(6) Has a prohibited substance in his or her blood or urine, as 12
applicable, in an amount that is equal to or greater than the amount 13
set forth in subsection [3 or] 4 or 5 of NRS 488.410; 14
(b) Proximately causes the death of another person while 15
operating or in actual physical control of a power-driven vessel or 16
sailing vessel under way; and 17
(c) Has previously been convicted of at least three offenses. 18
2. A person who commits homicide by vessel is guilty of a 19
category A felony and shall be punished by imprisonment in the 20
state prison: 21
(a) For life with the possibility of parole, with eligibility for 22
parole beginning when a minimum of 10 years has been served; or 23
(b) For a definite term of 25 years, with eligibility for parole 24
beginning when a minimum of 10 years has been served. 25
3. A person imprisoned pursuant to subsection 2 must, insofar 26
as practicable, be segregated from offenders whose crimes were 27
violent and, insofar as practicable, be assigned to an institution or 28
facility of minimum security. 29
4. A prosecuting attorney shall not dismiss a charge of 30
homicide by vessel in exchange for a plea of guilty, guilty but 31
mentally ill or nolo contendere to a lesser charge or for any other 32
reason unless the prosecuting attorney knows or it is obvious that 33
the charge is not supported by probable cause or cannot be proved at 34
the time of trial. A sentence imposed pursuant to subsection 2 may 35
not be suspended nor may probation be granted. 36
5. If consumption is proven by a preponderance of the 37
evidence, it is an affirmative defense under subparagraph (3) of 38
paragraph (a) of subsection 1 that the defendant consumed a 39
sufficient quantity of alcohol after operating or being in actual 40
physical control of the power-driven vessel or sailing vessel, as 41
applicable, under way and before his or her blood or breath was 42
tested, to cause the defendant to have a concentration of alcohol of 43
0.08 or more in his or her blood or breath. A defendant who intends 44
to offer this defense at a trial or preliminary hearing must, not less 45
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than 14 days before the trial or hearing or at such other time as the 1
court may direct, file and serve on the prosecuting attorney a written 2
notice of that intent. 3
6. If the defendant was transporting a person who is less than 4
15 years of age in the power-driven vessel or sailing vessel, as 5
applicable, under way at the time of the violation, the court shall 6
consider that fact as an aggravating factor in determining the 7
sentence of the defendant. 8
7. As used in this section, “offense” means: 9
(a) A violation of NRS 488.410 or 488.420; 10
(b) A homicide resulting from operating or being in actual 11
physical control of a power-driven vessel or sailing vessel under 12
way while under the influence of intoxicating liquor or a controlled 13
substance or resulting from any other conduct prohibited by this 14
section or NRS 488.410 or 488.420; or 15
(c) A violation of a law of any other jurisdiction that prohibits 16
the same or similar conduct as set forth in paragraph (a) or (b). 17
Sec. 18. NRS 488.480 is hereby amended to read as follows: 18
488.480 1. If a person refuses to submit to a required 19
chemical test provided for in NRS 488.450 or 488.460, evidence of 20
that refusal is admissible in any criminal action arising out of acts 21
alleged to have been committed while the person was: 22
(a) Operating or in actual physical control of a power-driven 23
vessel or sailing vessel under way while under the influence of 24
intoxicating liquor or a controlled substance; or 25
(b) Engaging in any other conduct prohibited by NRS 488.410, 26
488.420 or 488.425. 27
2. Except as otherwise provided in subsection 3 of NRS 28
488.450, a court may not exclude evidence of a required test or 29
failure to submit to such a test if the peace officer or other person 30
substantially complied with the provisions of NRS 488.450 to 31
[488.500,] 488.490, inclusive. 32
3. If a person submits to a chemical test provided for in NRS 33
488.450 or 488.460, full information concerning that test must be 34
made available, upon request, to the person or the person’s attorney. 35
4. Evidence of a required test is not admissible in a criminal 36
proceeding unless it is shown by documentary or other evidence that 37
the device for testing a person’s breath or other sample was certified 38
pursuant to NRS 484C.610 or 484C.640, as applicable, and was 39
calibrated, maintained and operated as provided by the regulations 40
of the Committee on Testing for Intoxication adopted pursuant to 41
NRS 484C.620, 484C.630 or 484C.640. 42
5. If the device for testing a person’s breath or other sample has 43
been certified by the Committee on Testing for Intoxication to be 44
accurate and reliable pursuant to NRS 484C.610 or 484C.640, it is 45
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presumed that, as designed and manufactured, the device is accurate 1
and reliable for the purpose of testing a person’s breath or other 2
sample to determine the concentration of alcohol, a controlled 3
substance or another prohibited substance in the person’s breath or 4
other sample. 5
6. A court shall take judicial notice of the certification by the 6
Director of a person to operate testing devices of one of the certified 7
types. If a test to determine the amount of alcohol, a controlled 8
substance or another prohibited substance in a person’s breath or 9
other sample has been performed with a certified type of device by a 10
person who is certified pursuant to NRS 484C.630 or 484C.640, it is 11
presumed that the person operated the device properly. 12
7. This section does not preclude the admission of evidence of 13
a test of a person’s breath or other sample where the: 14
(a) Information is obtained through the use of a device other 15
than one of a type certified by the Committee on Testing for 16
Intoxication. 17
(b) Test has been performed by a person other than one who is 18
certified by the Director. 19
8. As used in this section, “Director” means the Director of the 20
Department of Public Safety. 21
Sec. 19. NRS 33.030 is hereby amended to read as follows: 22
33.030 1. The court by a temporary order may: 23
(a) Enjoin the adverse party from threatening, physically 24
injuring or harassing the applicant or minor child, either directly or 25
through an agent; 26
(b) Exclude the adverse party from the applicant’s place of 27
residence; 28
(c) Prohibit the adverse party from entering the residence, 29
school or place of employment of the applicant or minor child and 30
order the adverse party to stay away from any specified place 31
frequented regularly by them; 32
(d) If it has jurisdiction under chapter 125A of NRS, grant 33
temporary custody of the minor child to the applicant; 34
(e) Enjoin the adverse party from physically injuring, 35
threatening to injure or taking possession of any animal that is 36
owned or kept by the applicant or minor child, either directly or 37
through an agent; 38
(f) Enjoin the adverse party from physically injuring or 39
threatening to injure any animal that is owned or kept by the adverse 40
party, either directly or through an agent; and 41
(g) Order such other relief as it deems necessary in an 42
emergency situation. 43
2. The court by an extended order may grant any relief 44
enumerated in subsection 1 and: 45
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(a) Specify arrangements for visitation of the minor child by the 1
adverse party and require supervision of that visitation by a third 2
party if necessary; 3
(b) Specify arrangements for the possession and care of any 4
animal owned or kept by the adverse party, applicant or minor child; 5
and 6
(c) Order the adverse party to: 7
(1) Avoid or limit communication with the applicant or 8
minor child; 9
(2) Pay rent or make payments on a mortgage on the 10
applicant’s place of residence; 11
(3) Pay for the support of the applicant or minor child, 12
including, without limitation, support of a minor child for whom a 13
guardian has been appointed pursuant to chapter 159A of NRS or a 14
minor child who has been placed in protective custody pursuant to 15
chapter 432B of NRS, if the adverse party is found to have a duty to 16
support the applicant or minor child; 17
(4) Pay all costs and fees incurred by the applicant in 18
bringing the action; and 19
(5) Pay monetary compensation to the applicant for lost 20
earnings and expenses incurred as a result of the applicant attending 21
any hearing concerning an application for an extended order. 22
3. If an extended order is issued by a justice court, an 23
interlocutory appeal lies to the district court, which may affirm, 24
modify or vacate the order in question. The appeal may be taken 25
without bond, but its taking does not stay the effect or enforcement 26
of the order. 27
4. A temporary or extended order must specify, as applicable, 28
the county and city, if any, in which the residence, school, child care 29
facility or other provider of child care, and place of employment of 30
the applicant or minor child are located. 31
5. A temporary or extended order must provide notice that: 32
(a) Responding to a communication initiated by the applicant 33
may constitute a violation of the protective order; and 34
(b) A person who is arrested for violating the order will not be 35
admitted to bail sooner than 12 hours after the person’s arrest if: 36
(1) The arresting officer determines that such a violation is 37
accompanied by a direct or indirect threat of harm; 38
(2) The person has previously violated a temporary or 39
extended order for protection; or 40
(3) At the time of the violation or within 2 hours after the 41
violation, the person has: 42
(I) A concentration of alcohol of 0.08 or more in the 43
person’s blood or breath; or 44
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(II) An amount of a prohibited substance in the person’s 1
blood or urine, as applicable, that is equal to or greater than the 2
amount set forth in subsection [3 or] 4 or 5 of NRS 484C.110. 3
Sec. 20. NRS 62C.020 is hereby amended to read as follows: 4
62C.020 1. A child must not be released from custody sooner 5
than 12 hours after the child is taken into custody if the child is 6
taken into custody for committing a battery that constitutes domestic 7
violence pursuant to NRS 33.018, unless the peace officer or 8
probation officer who has taken the child into custody determines 9
that the child does not otherwise meet the criteria for secure 10
detention and: 11
(a) Respite care or another out-of-home alternative to secure 12
detention is available for the child; 13
(b) An out-of-home alternative to secure detention is not 14
necessary to protect the victim from injury; or 15
(c) Family services are available to maintain the child in the 16
home and the parents or guardians of the child agree to receive those 17
family services and to allow the child to return to the home. 18
2. A child must not be released from custody sooner than 12 19
hours after the child is taken into custody if the child is taken into 20
custody for violating a temporary or extended order for protection 21
against domestic violence issued pursuant to NRS 33.017 to 33.100, 22
inclusive, or for violating a restraining order or injunction that is in 23
the nature of a temporary or extended order for protection against 24
domestic violence issued in an action or proceeding brought 25
pursuant to title 11 of NRS, or for violating a temporary or extended 26
order for protection against stalking, aggravated stalking or 27
harassment issued pursuant to NRS 200.591 or for violating a 28
temporary or extended order for protection against sexual assault 29
issued pursuant to NRS 200.378 and: 30
(a) The peace officer or probation officer who has taken the 31
child into custody determines that such a violation is accompanied 32
by a direct or indirect threat of harm; 33
(b) The child has previously violated a temporary or extended 34
order for protection of the type for which the child has been taken 35
into custody; or 36
(c) At the time of the violation or within 2 hours after the 37
violation, the child has: 38
(1) A concentration of alcohol of 0.08 or more in his or her 39
blood or breath; or 40
(2) An amount of a prohibited substance in his or her blood 41
or urine, as applicable, that is equal to or greater than the amount set 42
forth in subsection [3 or] 4 or 5 of NRS 484C.110. 43
3. For the purposes of this section, an order or injunction is in 44
the nature of a temporary or extended order for protection against 45
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domestic violence if it grants relief that might be given in a 1
temporary or extended order issued pursuant to NRS 33.017 to 2
33.100, inclusive. 3
Sec. 21. NRS 125.555 is hereby amended to read as follows: 4
125.555 1. A restraining order or injunction that is in the 5
nature of a temporary or extended order for protection against 6
domestic violence which is issued in an action or proceeding 7
brought pursuant to this title must provide notice that a person who 8
is arrested for violating the order or injunction will not be admitted 9
to bail sooner than 12 hours after the person’s arrest if: 10
(a) The arresting officer determines that such a violation is 11
accompanied by a direct or indirect threat of harm; 12
(b) The person has previously violated a temporary or extended 13
order for protection; or 14
(c) At the time of the violation or within 2 hours after the 15
violation, the person has: 16
(1) A concentration of alcohol of 0.08 or more in his or her 17
blood or breath; or 18
(2) An amount of a prohibited substance in his or her blood 19
or urine, as applicable, that is equal to or greater than the amount set 20
forth in subsection [3 or] 4 or 5 of NRS 484C.110. 21
2. For the purposes of this section, an order or injunction is in 22
the nature of a temporary or extended order for protection against 23
domestic violence if it grants relief that might be given in a 24
temporary or extended order issued pursuant to NRS 33.017 to 25
33.100, inclusive. 26
Sec. 22. NRS 171.1225 is hereby amended to read as follows: 27
171.1225 1. When investigating an act of domestic violence, 28
a peace officer shall: 29
(a) Make a good faith effort to explain the provisions of NRS 30
171.137 pertaining to domestic violence and advise victims of all 31
reasonable means to prevent further abuse, including advising each 32
person of the availability of a shelter or other services in the 33
community. 34
(b) Provide a person suspected of being the victim of an act of 35
domestic violence with a written copy of the following statements: 36
(1) My name is Officer ......................... (naming the 37
investigating officer). Nevada law requires me to inform you of the 38
following information. 39
(2) If I have probable cause to believe that a battery has been 40
committed against you, your minor child or the minor child of the 41
person believed to have committed the battery in the last 24 hours 42
by your spouse, your former spouse, any other person to whom you 43
are related by blood or marriage, a person with whom you have had 44
or are having a dating relationship or a person with whom you have 45
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a child in common, and if I had a face-to-face encounter with the 1
person suspected of committing the battery that was of sufficient 2
duration to determine whether probable cause existed while 3
responding to the initial incident or call for service, I am required, 4
unless mitigating circumstances exist, to arrest the person suspected 5
of committing the battery. 6
(3) If I have probable cause to believe that a battery has been 7
committed against you, your minor child or the minor child of the 8
person believed to have committed the battery in the last 7 days by 9
your spouse, your former spouse, any other person to whom you are 10
related by blood or marriage, a person with whom you have had or 11
are having a dating relationship or a person with whom you have a 12
child in common, and if I did not have a face-to-face encounter with 13
the person suspected of committing the battery that was of sufficient 14
duration to determine whether probable cause existed while 15
responding to the initial incident or call for service, I am required, 16
unless mitigating circumstances exist, to arrest the person suspected 17
of committing the battery. 18
(4) If I am unable to arrest the person suspected of 19
committing the battery, you have the right to request that the 20
prosecutor file a criminal complaint against the person. I can 21
provide you with information on this procedure. If convicted, the 22
person who committed the battery may be placed on probation, 23
ordered to see a counselor, put in jail or fined. 24
(5) The law provides that you may seek a court order for the 25
protection of you, your minor children or any animal that is owned 26
or kept by you, by the person who committed or threatened the act 27
of domestic violence or by the minor child of either such person 28
against further threats or acts of domestic violence. You do not need 29
to hire a lawyer to obtain such an order for protection. 30
(6) An order for protection may require the person who 31
committed or threatened the act of domestic violence against you to: 32
(I) Stop threatening, harassing or injuring you or your 33
children; 34
(II) Move out of your residence; 35
(III) Stay away from your place of employment; 36
(IV) Stay away from the school attended by your 37
children; 38
(V) Stay away from any place you or your children 39
regularly go; 40
(VI) Avoid or limit all communication with you or your 41
children; 42
(VII) Stop physically injuring, threatening to injure or 43
taking possession of any animal that is owned or kept by you or 44
your children, either directly or through an agent; and 45
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(VIII) Stop physically injuring or threatening to injure 1
any animal that is owned or kept by the person who committed or 2
threatened the act or his or her children, either directly or through an 3
agent. 4
(7) A court may make future orders for protection which 5
award you custody of your children and require the person who 6
committed or threatened the act of domestic violence against you to: 7
(I) Pay the rent or mortgage due on the place in which 8
you live; 9
(II) Pay the amount of money necessary for the support of 10
your children; 11
(III) Pay part or all of the costs incurred by you in 12
obtaining the order for protection; and 13
(IV) Comply with the arrangements specified for the 14
possession and care of any animal owned or kept by you or your 15
children or by the person who committed or threatened the act or his 16
or her children. 17
(8) To get an order for protection, go to room number ....... 18
(state the room number of the office at the court) at the court, which 19
is located at ......................... (state the address of the court). Ask the 20
clerk of the court to provide you with the forms for an order of 21
protection. 22
(9) If the person who committed or threatened the act of 23
domestic violence against you violates the terms of an order for 24
protection, the person may be arrested and, if: 25
(I) The arresting officer determines that such a violation 26
is accompanied by a direct or indirect threat of harm; 27
(II) The person has previously violated a temporary or 28
extended order for protection; or 29
(III) At the time of the violation or within 2 hours after 30
the violation, the person has a concentration of alcohol of 0.08 or 31
more in the person’s blood or breath or an amount of a prohibited 32
substance in the person’s blood or urine, as applicable, that is equal 33
to or greater than the amount set forth in subsection [3 or] 4 or 5 of 34
NRS 484C.110, 35
the person will not be admitted to bail sooner than 12 hours after 36
arrest. 37
(10) You may obtain emergency assistance or shelter by 38
contacting your local program against domestic violence at 39
......................... (state name, address and telephone number of local 40
program) or you may call, without charge to you, the Statewide 41
Program Against Domestic Violence at ........................ (state toll-42
free telephone number of Statewide Program). 43
2. The failure of a peace officer to carry out the requirements 44
set forth in subsection 1 is not a defense in a criminal prosecution 45
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for the commission of an act of domestic violence, nor may such an 1
omission be considered as negligence or as causation in any civil 2
action against the peace officer or the officer’s employer. 3
3. As used in this section: 4
(a) “Act of domestic violence” means any of the following acts 5
committed by a person against his or her spouse, former spouse, any 6
other person to whom he or she is related by blood or marriage, a 7
person with whom he or she has had or is having a dating 8
relationship, a person with whom he or she has a child in common, 9
the minor child of any of those persons or his or her minor child: 10
(1) A battery. 11
(2) An assault. 12
(3) Compelling the other by force or threat of force to 13
perform an act from which he or she has the right to refrain or to 14
refrain from an act which he or she has the right to perform. 15
(4) A sexual assault. 16
(5) A knowing, purposeful or reckless course of conduct 17
intended to harass the other. Such conduct may include, but is not 18
limited to: 19
(I) Stalking. 20
(II) Arson. 21
(III) Trespassing. 22
(IV) Larceny. 23
(V) Destruction of private property. 24
(VI) Carrying a concealed weapon without a permit. 25
(VII) Injuring or killing an animal. 26
(6) False imprisonment. 27
(7) Unlawful entry of the other’s residence, or forcible entry 28
against the other’s will if there is a reasonably foreseeable risk of 29
harm to the other from the entry. 30
(b) “Dating relationship” means frequent, intimate associations 31
primarily characterized by the expectation of affectional or sexual 32
involvement. The term does not include a casual relationship or an 33
ordinary association between persons in a business or social context. 34
Sec. 23. NRS 178.484 is hereby amended to read as follows: 35
178.484 1. Except as otherwise provided in this section, a 36
person arrested for an offense other than murder of the first degree 37
must be admitted to bail. 38
2. A person arrested for a felony who has been released on 39
probation or parole for a different offense must not be admitted to 40
bail unless: 41
(a) A court issues an order directing that the person be admitted 42
to bail; 43
(b) The State Board of Parole Commissioners directs the 44
detention facility to admit the person to bail; or 45
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(c) The Division of Parole and Probation of the Department of 1
Public Safety directs the detention facility to admit the person to 2
bail. 3
3. A person arrested for a felony whose sentence has been 4
suspended pursuant to NRS 4.373 or 5.055 for a different offense or 5
who has been sentenced to a term of residential confinement 6
pursuant to NRS 4.3762 or 5.076 for a different offense must not be 7
admitted to bail unless: 8
(a) A court issues an order directing that the person be admitted 9
to bail; or 10
(b) A department of alternative sentencing directs the detention 11
facility to admit the person to bail. 12
4. A person arrested for murder of the first degree may be 13
admitted to bail unless the proof is evident or the presumption great 14
by any competent court or magistrate authorized by law to do so in 15
the exercise of discretion, giving due weight to the evidence and to 16
the nature and circumstances of the offense. 17
5. A person arrested for a violation of NRS 484C.110, 18
484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 19
is under the influence of intoxicating liquor must not be admitted to 20
bail or released on the person’s own recognizance unless the person 21
has a concentration of alcohol of less than 0.04 in his or her breath. 22
A test of the person’s breath pursuant to this subsection to determine 23
the concentration of alcohol in his or her breath as a condition of 24
admission to bail or release is not admissible as evidence against the 25
person. 26
6. A person arrested for a violation of NRS 484C.110, 27
484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 28
is under the influence of a controlled substance, is under the 29
combined influence of intoxicating liquor and a controlled 30
substance, or inhales, ingests, applies or otherwise uses any 31
chemical, poison or organic solvent, or any compound or 32
combination of any of these, to a degree which renders the person 33
incapable of safely driving or exercising actual physical control of a 34
vehicle, a power-driven vessel or a sailing vessel under way must 35
not be admitted to bail or released on the person’s own recognizance 36
sooner than 12 hours after arrest. 37
7. A person arrested for a battery that constitutes domestic 38
violence pursuant to NRS 33.018 must not be admitted to bail 39
sooner than 12 hours after arrest. If the person is admitted to bail 40
more than 12 hours after arrest, without appearing personally before 41
a magistrate or without the amount of bail having been otherwise set 42
by a magistrate or a court, the amount of bail must be: 43
(a) Three thousand dollars, if the person has no previous 44
convictions of battery that constitute domestic violence pursuant to 45
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NRS 33.018 and there is no reason to believe that the battery for 1
which the person has been arrested resulted in substantial bodily 2
harm or was committed by strangulation; 3
(b) Five thousand dollars, if the person has: 4
(1) No previous convictions of battery that constitute 5
domestic violence pursuant to NRS 33.018, but there is reason to 6
believe that the battery for which the person has been arrested 7
resulted in substantial bodily harm or was committed by 8
strangulation; or 9
(2) One previous conviction of battery that constitutes 10
domestic violence pursuant to NRS 33.018, but there is no reason to 11
believe that the battery for which the person has been arrested 12
resulted in substantial bodily harm or was committed by 13
strangulation; or 14
(c) Fifteen thousand dollars, if the person has: 15
(1) One previous conviction of battery that constitutes 16
domestic violence pursuant to NRS 33.018 and there is reason to 17
believe that the battery for which the person has been arrested 18
resulted in substantial bodily harm or was committed by 19
strangulation; or 20
(2) Two or more previous convictions of battery that 21
constitute domestic violence pursuant to NRS 33.018. 22
The provisions of this subsection do not affect the authority of a 23
magistrate or a court to set the amount of bail when the person 24
personally appears before the magistrate or the court, or when a 25
magistrate or a court has otherwise been contacted to set the amount 26
of bail. For the purposes of this subsection, a person shall be 27
deemed to have a previous conviction of battery that constitutes 28
domestic violence pursuant to NRS 33.018 if the person has been 29
convicted of such an offense in this State or has been convicted of 30
violating a law of any other jurisdiction that prohibits the same or 31
similar conduct. 32
8. A person arrested for violating a temporary or extended 33
order for protection against domestic violence issued pursuant to 34
NRS 33.017 to 33.100, inclusive, or for violating a restraining order 35
or injunction that is in the nature of a temporary or extended order 36
for protection against domestic violence issued in an action or 37
proceeding brought pursuant to title 11 of NRS, or for violating a 38
temporary or extended order for protection against stalking, 39
aggravated stalking or harassment issued pursuant to NRS 200.591, 40
or for violating a temporary or extended order for protection against 41
sexual assault pursuant to NRS 200.378 must not be admitted to bail 42
sooner than 12 hours after arrest if: 43
(a) The arresting officer determines that such a violation is 44
accompanied by a direct or indirect threat of harm; 45
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(b) The person has previously violated a temporary or extended 1
order for protection of the type for which the person has been 2
arrested; or 3
(c) At the time of the violation or within 2 hours after the 4
violation, the person has: 5
(1) A concentration of alcohol of 0.08 or more in the 6
person’s blood or breath; or 7
(2) An amount of a prohibited substance in the person’s 8
blood or urine, as applicable, that is equal to or greater than the 9
amount set forth in subsection [3 or] 4 or 5 of NRS 484C.110. 10
9. If a person is admitted to bail more than 12 hours after 11
arrest, pursuant to subsection 8, without appearing personally before 12
a magistrate or without the amount of bail having been otherwise set 13
by a magistrate or a court, the amount of bail must be: 14
(a) Three thousand dollars, if the person has no previous 15
convictions of violating a temporary or extended order for 16
protection against domestic violence issued pursuant to NRS 33.017 17
to 33.100, inclusive, or of violating a restraining order or injunction 18
that is in the nature of a temporary or extended order for protection 19
against domestic violence issued in an action or proceeding brought 20
pursuant to title 11 of NRS, or of violating a temporary or extended 21
order for protection against stalking, aggravated stalking or 22
harassment issued pursuant to NRS 200.591, or of violating a 23
temporary or extended order for protection against sexual assault 24
pursuant to NRS 200.378; 25
(b) Five thousand dollars, if the person has one previous 26
conviction of violating a temporary or extended order for protection 27
against domestic violence issued pursuant to NRS 33.017 to 33.100, 28
inclusive, or of violating a restraining order or injunction that is in 29
the nature of a temporary or extended order for protection against 30
domestic violence issued in an action or proceeding brought 31
pursuant to title 11 of NRS, or of violating a temporary or extended 32
order for protection against stalking, aggravated stalking or 33
harassment issued pursuant to NRS 200.591, or of violating a 34
temporary or extended order for protection against sexual assault 35
pursuant to NRS 200.378; or 36
(c) Fifteen thousand dollars, if the person has two or more 37
previous convictions of violating a temporary or extended order for 38
protection against domestic violence issued pursuant to NRS 33.017 39
to 33.100, inclusive, or of violating a restraining order or injunction 40
that is in the nature of a temporary or extended order for protection 41
against domestic violence issued in an action or proceeding brought 42
pursuant to title 11 of NRS, or of violating a temporary or extended 43
order for protection against stalking, aggravated stalking or 44
harassment issued pursuant to NRS 200.591, or of violating a 45
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temporary or extended order for protection against sexual assault 1
pursuant to NRS 200.378. 2
The provisions of this subsection do not affect the authority of a 3
magistrate or a court to set the amount of bail when the person 4
personally appears before the magistrate or the court or when a 5
magistrate or a court has otherwise been contacted to set the amount 6
of bail. For the purposes of this subsection, a person shall be 7
deemed to have a previous conviction of violating a temporary or 8
extended order for protection against domestic violence issued 9
pursuant to NRS 33.017 to 33.100, inclusive, or of violating a 10
restraining order or injunction that is in the nature of a temporary or 11
extended order for protection against domestic violence issued in an 12
action or proceeding brought pursuant to title 11 of NRS, or of 13
violating a temporary or extended order for protection against 14
stalking, aggravated stalking or harassment issued pursuant to NRS 15
200.591, or of violating a temporary or extended order for 16
protection against sexual assault pursuant to NRS 200.378, if the 17
person has been convicted of such an offense in this State or has 18
been convicted of violating a law of any other jurisdiction that 19
prohibits the same or similar conduct. 20
10. For the purposes of subsections 8 and 9, an order or 21
injunction is in the nature of a temporary or extended order for 22
protection against domestic violence if it grants relief that might be 23
given in a temporary or extended order issued pursuant to NRS 24
33.017 to 33.100, inclusive. 25
11. As used in this section, “strangulation” has the meaning 26
ascribed to it in NRS 200.481. 27
Sec. 24. NRS 193.120 is hereby amended to read as follows: 28
193.120 1. A crime is an act or omission forbidden by law 29
and punishable upon conviction by death, imprisonment, fine or 30
other penal discipline. 31
2. Every crime which may be punished by death or by 32
imprisonment in the state prison is a felony. 33
3. Every crime punishable by a fine of not more than [$1,000,] 34
$3,000, or by imprisonment in a county jail for not more than 6 35
months, is a misdemeanor. 36
4. Every other crime is a gross misdemeanor. 37
Sec. 25. NRS 193.140 is hereby amended to read as follows: 38
193.140 Every person convicted of a gross misdemeanor shall 39
be punished by imprisonment in the county jail for not more than 40
364 days, or by a fine of not more than [$2,000,] $4,000, or by both 41
fine and imprisonment, unless the statute in force at the time of 42
commission of such gross misdemeanor prescribed a different 43
penalty. 44
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Sec. 26. NRS 193.150 is hereby amended to read as follows: 1
193.150 1. Every person convicted of a misdemeanor shall be 2
punished by imprisonment in the county jail for not more than 6 3
months, or by a fine of not more than [$1,000,] $3,000, or by both 4
fine and imprisonment, unless the statute in force at the time of 5
commission of such misdemeanor prescribed a different penalty. 6
2. In lieu of all or a part of the punishment which may be 7
imposed pursuant to subsection 1, the convicted person may be 8
sentenced to perform a fixed period of community service pursuant 9
to the conditions prescribed in NRS 176.087. 10
Sec. 27. NRS 193.160 is hereby amended to read as follows: 11
193.160 In all cases where a corporation is convicted of an 12
offense for the commission of which a natural person would be 13
punishable as for a misdemeanor, and there is no other punishment 14
prescribed by law, the corporation is punishable by a fine of not 15
[exceeding $1,000.] more than $3,000. 16
Sec. 28. NRS 200.378 is hereby amended to read as follows: 17
200.378 1. In addition to any other remedy provided by law, 18
a person who reasonably believes that the crime of sexual assault 19
has been committed against him or her by another person may 20
petition any court of competent jurisdiction for a temporary or 21
extended order directing the person who allegedly committed the 22
sexual assault to: 23
(a) Stay away from the home, school, business or place of 24
employment of the victim of the alleged sexual assault and any other 25
location specifically named by the court. 26
(b) Refrain from contacting, intimidating, threatening or 27
otherwise interfering with the victim of the alleged sexual assault 28
and any other person named in the order, including, without 29
limitation, a member of the family or the household of the victim of 30
the alleged sexual assault. 31
(c) Comply with any other restriction which the court deems 32
necessary to protect the victim of the alleged sexual assault or to 33
protect any other person named in the order, including, without 34
limitation, a member of the family or the household of the victim of 35
the alleged sexual assault. 36
2. If a defendant charged with a crime involving sexual assault 37
is released from custody before trial or is found guilty at the trial, 38
the court may issue a temporary or extended order or provide as a 39
condition of the release or sentence that the defendant: 40
(a) Stay away from the home, school, business or place of 41
employment of the victim of the alleged sexual assault and any other 42
location specifically named by the court. 43
(b) Refrain from contacting, intimidating, threatening or 44
otherwise interfering with the victim of the alleged sexual assault 45
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and any other person named in the order, including, without 1
limitation, a member of the family or the household of the victim of 2
the alleged sexual assault. 3
(c) Comply with any other restriction which the court deems 4
necessary to protect the victim of the alleged sexual assault or to 5
protect any other person named in the order, including, without 6
limitation, a member of the family or the household of the victim of 7
the alleged sexual assault. 8
3. A temporary order may be granted with or without notice to 9
the adverse party. An extended order may be granted only after: 10
(a) Notice of the petition for the order and of the hearing thereon 11
is served upon the adverse party pursuant to the Nevada Rules of 12
Civil Procedure; and 13
(b) A hearing is held on the petition. 14
4. If an extended order is issued by a justice court, an 15
interlocutory appeal lies to the district court, which may affirm, 16
modify or vacate the order in question. The appeal may be taken 17
without bond, but its taking does not stay the effect or enforcement 18
of the order. 19
5. Unless a more severe penalty is prescribed by law for the act 20
that constitutes the violation of the order, any person who 21
intentionally violates: 22
(a) A temporary order is guilty of a gross misdemeanor. 23
(b) An extended order is guilty of a category C felony and shall 24
be punished as provided in NRS 193.130. 25
6. Any court order issued pursuant to this section must: 26
(a) Be in writing; 27
(b) Be personally served on the person to whom it is directed; 28
and 29
(c) Contain the warning that violation of the order: 30
(1) Subjects the person to immediate arrest. 31
(2) Is a gross misdemeanor if the order is a temporary order. 32
(3) Is a category C felony if the order is an extended order. 33
7. A temporary or extended order issued pursuant to this 34
section must provide notice that a person who is arrested for 35
violating the order will not be admitted to bail sooner than 12 hours 36
after the arrest if: 37
(a) The arresting officer determines that such a violation is 38
accompanied by a direct or indirect threat of harm; 39
(b) The person has previously violated a temporary or extended 40
order for protection; or 41
(c) At the time of the violation or within 2 hours after the 42
violation, the person has: 43
(1) A concentration of alcohol of 0.08 or more in his or her 44
blood or breath; or 45
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(2) An amount of a prohibited substance in his or her blood 1
or urine, as applicable, that is equal to or greater than the amount set 2
forth in subsection [3 or] 4 or 5 of NRS 484C.110. 3
Sec. 29. NRS 200.591 is hereby amended to read as follows: 4
200.591 1. In addition to any other remedy provided by law, 5
a person who reasonably believes that the crime of stalking, 6
aggravated stalking or harassment is being committed against him or 7
her by another person may petition any court of competent 8
jurisdiction for a temporary or extended order directing the person 9
who is allegedly committing the crime to: 10
(a) Stay away from the home, school, business or place of 11
employment of the victim of the alleged crime and any other 12
location specifically named by the court. 13
(b) Refrain from contacting, intimidating, threatening or 14
otherwise interfering with the victim of the alleged crime and any 15
other person named in the order, including, without limitation, a 16
member of the family or the household of the victim of the alleged 17
crime. 18
(c) Comply with any other restriction which the court deems 19
necessary to protect the victim of the alleged crime or to protect any 20
other person named in the order, including, without limitation, a 21
member of the family or the household of the victim of the alleged 22
crime. 23
2. If a defendant charged with a crime involving harassment, 24
stalking or aggravated stalking is released from custody before trial 25
or is found guilty at the trial, the court may issue a temporary or 26
extended order or provide as a condition of the release or sentence 27
that the defendant: 28
(a) Stay away from the home, school, business or place of 29
employment of the victim of the alleged crime and any other 30
location specifically named by the court. 31
(b) Refrain from contacting, intimidating, threatening or 32
otherwise interfering with the victim of the alleged crime and any 33
other person named in the order, including, without limitation, a 34
member of the family or the household of the victim of the alleged 35
crime. 36
(c) Comply with any other restriction which the court deems 37
necessary to protect the victim of the alleged crime or to protect any 38
other person named in the order, including, without limitation, a 39
member of the family or the household of the victim of the alleged 40
crime. 41
3. A temporary order may be granted with or without notice to 42
the adverse party. An extended order may be granted only after: 43
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(a) Notice of the petition for the order and of the hearing thereon 1
is served upon the adverse party pursuant to the Nevada Rules of 2
Civil Procedure; and 3
(b) A hearing is held on the petition. 4
4. If an extended order is issued by a justice court, an 5
interlocutory appeal lies to the district court, which may affirm, 6
modify or vacate the order in question. The appeal may be taken 7
without bond, but its taking does not stay the effect or enforcement 8
of the order. 9
5. Unless a more severe penalty is prescribed by law for the act 10
that constitutes the violation of the order, any person who 11
intentionally violates: 12
(a) A temporary order is guilty of a gross misdemeanor. 13
(b) An extended order is guilty of a category C felony and shall 14
be punished as provided in NRS 193.130. 15
6. Any court order issued pursuant to this section must: 16
(a) Be in writing; 17
(b) Be personally served on the person to whom it is directed; 18
and 19
(c) Contain the warning that violation of the order: 20
(1) Subjects the person to immediate arrest. 21
(2) Is a gross misdemeanor if the order is a temporary order. 22
(3) Is a category C felony if the order is an extended order. 23
7. A temporary or extended order issued pursuant to this 24
section must provide notice that a person who is arrested for 25
violating the order will not be admitted to bail sooner than 12 hours 26
after the person’s arrest if: 27
(a) The arresting officer determines that such a violation is 28
accompanied by a direct or indirect threat of harm; 29
(b) The person has previously violated a temporary or extended 30
order for protection; or 31
(c) At the time of the violation or within 2 hours after the 32
violation, the person has: 33
(1) A concentration of alcohol of 0.08 or more in his or her 34
blood or breath; or 35
(2) An amount of a prohibited substance in his or her blood 36
or urine, as applicable, that is equal to or greater than the amount set 37
forth in subsection [3 or] 4 or 5 of NRS 484C.110. 38
Sec. 30. NRS 202.257 is hereby amended to read as follows: 39
202.257 1. It is unlawful for a person who: 40
(a) Has a concentration of alcohol of 0.08 or more in his or her 41
blood or breath; or 42
(b) Is under the influence of any controlled substance, or is 43
under the combined influence of intoxicating liquor and a controlled 44
substance, or any person who inhales, ingests, applies or otherwise 45
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uses any chemical, poison or organic solvent, or any compound or 1
combination of any of these, to a degree which renders him or her 2
incapable of safely exercising actual physical control of a firearm, 3
to have in his or her actual physical possession any firearm. This 4
prohibition does not apply to the actual physical possession of a 5
firearm by a person who was within the person’s personal residence 6
and had the firearm in his or her possession solely for self-defense. 7
2. Any evidentiary test to determine whether a person has 8
violated the provisions of subsection 1 must be administered in the 9
same manner as an evidentiary test that is administered pursuant to 10
NRS 484C.160 to [484C.250,] 484C.240, inclusive, except that 11
submission to the evidentiary test is required of any person who is 12
requested by a police officer to submit to the test. If a person to be 13
tested fails to submit to a required test as requested by a police 14
officer, the officer may apply for a warrant or court order directing 15
that reasonable force be used to the extent necessary to obtain the 16
samples of blood from the person to be tested, if the officer has 17
reasonable cause to believe that the person to be tested was in 18
violation of this section. 19
3. Any person who violates the provisions of subsection 1 is 20
guilty of a misdemeanor. 21
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 22
to 179.1205, inclusive, only if, during the violation of subsection 1, 23
the firearm is brandished, aimed or otherwise handled by the person 24
in a manner which endangered others. 25
5. As used in this section, the phrase “concentration of alcohol 26
of 0.08 or more in his or her blood or breath” means 0.08 gram or 27
more of alcohol per 100 milliliters of the blood of a person or per 28
210 liters of his or her breath. 29
Sec. 31. NRS 616C.230 is hereby amended to read as follows: 30
616C.230 1. Compensation is not payable pursuant to the 31
provisions of chapters 616A to 616D, inclusive, or chapter 617 of 32
NRS for an injury: 33
(a) Caused by the employee’s willful intention to injure himself 34
or herself. 35
(b) Caused by the employee’s willful intention to injure another. 36
(c) That occurred while the employee was in a state of 37
intoxication, unless the employee can prove by clear and convincing 38
evidence that his or her state of intoxication was not the proximate 39
cause of the injury. For the purposes of this paragraph, an employee 40
is in a state of intoxication if the level of alcohol in the bloodstream 41
of the employee meets or exceeds the limits set forth in subsection 1 42
or 2 of NRS 484C.110. 43
(d) That occurred while the employee was under the influence of 44
a controlled or prohibited substance, unless the employee can prove 45
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by clear and convincing evidence that his or her being under the 1
influence of a controlled or prohibited substance was not the 2
proximate cause of the injury. For the purposes of this paragraph, an 3
employee is under the influence of a controlled or prohibited 4
substance if the employee had an amount of a controlled or 5
prohibited substance for which the employee did not have a current 6
and lawful prescription issued in the employee’s name in his or her 7
system at the time of his or her injury that was equal to or greater 8
than: 9
10
Urine Blood 11
Nanograms per Nanograms per 12
Prohibited substance milliliter milliliter 13
14
(1) Amphetamine 500 100 15
(2) Cocaine 150 50 16
(3) Cocaine metabolite 150 50 17
(4) Heroin 2,000 50 18
(5) Heroin metabolite: 19
(I) Morphine 2,000 50 20
(II) 6-monoacetyl morphine 10 10 21
(6) Lysergic acid diethylamide 25 10 22
(7) Methamphetamine 500 100 23
(8) Phencyclidine 25 10 24
(9) Marijuana (delta-9-tetrahydrocannabinol) 2 25
26
2. For the purposes of paragraphs (c) and (d) of subsection 1: 27
(a) The affidavit or declaration of an expert or other person 28
described in NRS 50.310, 50.315 or 50.320 is admissible to prove 29
the existence of an impermissible quantity of alcohol or the 30
existence, quantity or identity of an impermissible controlled or 31
prohibited substance in an employee’s system. If the affidavit or 32
declaration is to be so used, it must be submitted in the manner 33
prescribed in NRS 616C.355. 34
(b) When an examination requested or ordered includes testing 35
for the use of alcohol or a controlled or prohibited substance, the 36
laboratory that conducts the testing must be licensed pursuant to the 37
provisions of chapter 652 of NRS. 38
(c) The results of any testing for the use of alcohol or a 39
controlled or prohibited substance, irrespective of the purpose for 40
performing the test, must be made available to an insurer or 41
employer upon request, to the extent that doing so does not conflict 42
with federal law. 43
3. No compensation is payable for the death, disability or 44
treatment of an employee if the employee’s death is caused by, or 45
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insofar as the employee’s disability is aggravated, caused or 1
continued by, an unreasonable refusal or neglect to submit to or to 2
follow any competent and reasonable surgical treatment or medical 3
aid. 4
4. If any employee persists in an unsanitary or injurious 5
practice that imperils or retards his or her recovery, or refuses to 6
submit to such medical or surgical treatment as is necessary to 7
promote his or her recovery, the employee’s compensation may be 8
reduced or suspended. 9
5. An injured employee’s compensation, other than accident 10
benefits, must be suspended if: 11
(a) A physician or chiropractic physician determines that the 12
employee is unable to undergo treatment, testing or examination for 13
the industrial injury solely because of a condition or injury that did 14
not arise out of and in the course of employment; and 15
(b) It is within the ability of the employee to correct the 16
nonindustrial condition or injury. 17
The compensation must be suspended until the injured employee 18
is able to resume treatment, testing or examination for the industrial 19
injury. The insurer may elect to pay for the treatment of the 20
nonindustrial condition or injury. 21
6. As used in this section, “prohibited substance” means any of 22
the following substances if the person who uses the substance has 23
not been issued a valid prescription to use the substance and the 24
substance is classified in schedule I or II pursuant to NRS 453.166 25
or 453.176 when it is used: 26
(a) Amphetamine. 27
(b) Cocaine. 28
(c) Cocaine metabolite. 29
(d) Heroin. 30
(e) Heroin metabolite: 31
(1) Morphine. 32
(2) 6-monoacetyl morphine. 33
(f) Lysergic acid diethylamide. 34
(g) Methamphetamine. 35
(h) Phencyclidine. 36
(i) Marijuana (delta-9-tetrahydrocannabinol). 37
Sec. 32. Section 15 of chapter 421, Statutes of Nevada 2003, 38
at page 2566, is hereby amended to read as follows: 39
Sec. 15. This act becomes effective on September 23, 40
2003 . [, and expires by limitation on the date of the repeal of 41
the federal law requiring each state to make it unlawful for a 42
person to operate a motor vehicle with a blood alcohol 43
concentration of 0.08 percent or greater as a condition to 44
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receiving federal funding for the construction of highways in 1
this state.] 2
Sec. 33. Section 64 of chapter 63, Statutes of Nevada 2005, at 3
page 175, is hereby amended to read as follows: 4
Sec. 64. [1.] This section and sections 1 to 4, 5
inclusive, 6 to 16, inclusive, 18 to 32, inclusive, 34 and 36 to 6
61, inclusive, of this act become effective on October 1, 2005. 7
[2. Sections 4, 10, 16, 31, 32 and 34 of this act expire by 8
limitation on the date of the repeal of the federal law 9
requiring each state to make it unlawful for a person to 10
operate a motor vehicle with a blood alcohol concentration of 11
0.08 percent or greater as a condition to receiving federal 12
funding for the construction of highways in this State. 13
3. Sections 5, 17, 33, 35, 62 and 63 of this act become 14
effective on the date of the repeal of the federal law requiring 15
each state to make it unlawful for a person to operate a motor 16
vehicle with a blood alcohol concentration of 0.08 percent or 17
greater as a condition to receiving federal funding for the 18
construction of highways in this State.] 19
Sec. 34. Section 117 of chapter 327, Statutes of Nevada 2007, 20
at page 1487, is hereby amended to read as follows: 21
Sec. 117. 1. This section and sections 1 to 52, 22
inclusive, 54 to 70, inclusive, 72, 74 to 79, inclusive, 81, 83 23
to 109, inclusive, 111 and 113 to 116, inclusive, of this act 24
become effective on October 1, 2007. 25
2. Section 52 of this act expires by limitation on June 30, 26
2009. 27
3. [Sections 70, 72, 79 and 81 of this act expire by 28
limitation on the date of the repeal of the federal law 29
requiring each state to make it unlawful for a person to 30
operate a motor vehicle with a blood alcohol concentration of 31
0.08 percent or greater as a condition to receiving federal 32
funding for the construction of highways in this State. 33
4.] Sections 109 and 111 of this act expire by limitation 34
on the date on which the provisions of 42 U.S.C. § 666 35
requiring each state to establish procedures under which the 36
state has authority to withhold or suspend, or to restrict the 37
use of professional, occupational and recreational licenses of 38
persons who: 39
(a) Have failed to comply with a subpoena or warrant 40
relating to a proceeding to determine the paternity of a child 41
or to establish or enforce an obligation for the support of a 42
child; or 43
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(b) Are in arrears in the payment for the support of one or 1
more children, 2
are repealed by the Congress of the United States. 3
[5.] 4. Section 53 of this act becomes effective on 4
July 1, 2009. 5
[6. Sections 71, 73, 80 and 82 of this act become 6
effective on the date of the repeal of the federal law requiring 7
each state to make it unlawful for a person to operate a motor 8
vehicle with a blood alcohol concentration of 0.08 percent or 9
greater as a condition to receiving federal funding for the 10
construction of highways in this State. 11
7.] 5. Sections 110 and 112 of this act become effective 12
on the date on which the provisions of 42 U.S.C. § 666 13
requiring each state to establish procedures under which the 14
state has authority to withhold or suspend, or to restrict the 15
use of professional, occupational and recreational licenses of 16
persons who: 17
(a) Have failed to comply with a subpoena or warrant 18
relating to a proceeding to determine the paternity of a child 19
or to establish or enforce an obligation for the support of a 20
child; or 21
(b) Are in arrears in the payment for the support of one or 22
more children, 23
are repealed by the Congress of the United States. 24
Sec. 35. Section 30 of chapter 433, Statutes of Nevada 2007, 25
at page 2055, is hereby amended to read as follows: 26
Sec. 30. 1. This section and section 1 of this act 27
become effective upon passage and approval. 28
2. Sections 13 to 29, inclusive, of this act, become 29
effective upon passage and approval for the purpose of 30
adopting regulations and conducting any preliminary 31
activities necessary to ensure that the provisions of this act 32
are carried out in an orderly fashion and on October 1, 2007, 33
for all other purposes. 34
3. Sections 1.3, 1.7, 3, 5 and 7 to 10, inclusive, of this 35
act become effective on October 1, 2007. 36
4. Sections 2, 11 and 12 of this act become effective on 37
March 1, 2008. 38
[5. Sections 3 and 5 of this act expire by limitation on 39
the date of the repeal of the federal law requiring each state to 40
make it unlawful for a person to operate a motor vehicle with 41
a blood alcohol concentration of 0.08 percent or greater as a 42
condition to receiving federal funding for the construction of 43
highways in this State. 44
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6. Sections 4 and 6 of this act become effective on the 1
date of the repeal of the federal law requiring each state to 2
make it unlawful for a person to operate a motor vehicle with 3
a blood alcohol concentration of 0.08 percent or greater as a 4
condition to receiving federal funding for the construction of 5
highways in this State.] 6
Sec. 36. Section 49 of chapter 486, Statutes of Nevada 2007, 7
as amended by section 13 of chapter 369, Statutes of Nevada 2009, 8
at page 1862, is hereby amended to read as follows: 9
Sec. 49. 1. This section and section 48.5 of this act 10
become effective upon passage and approval. 11
2. Sections 1 to 7, inclusive, 9, 10, 10.3, 11 to 27.3, 12
inclusive, 28 to 41, inclusive, 42.1 to 45.7, inclusive, 47.5 and 13
48 of this act become effective upon passage and approval for 14
the purposes of adopting regulations and performing any 15
other preparatory administrative tasks that are necessary to 16
carry out the provisions of this act. For all other purposes: 17
(a) Sections 3, 5.5, 6, 7, 9, 10, 10.3, 11, 12, 16.5 to 27.3, 18
inclusive, 28 to 39, inclusive, 42.1 to 45.7, inclusive, 47.5 and 19
subsection 1 of section 48 of this act become effective on 20
October 1, 2007; and 21
(b) Sections 1, 2, 4, 5, 13 to 16, inclusive, 40, 41 and 22
subsection 2 of section 48 of this act become effective upon 23
the later of: 24
(1) May 11, 2008; 25
(2) The effective date of the regulations issued by the 26
Secretary of Homeland Security to implement the provisions 27
of the Real ID Act of 2005; or 28
(3) The expiration of any extension of time granted to 29
this State by the Secretary of Homeland Security to comply 30
with the provisions of the Real ID Act of 2005. 31
3. Sections 7 and 41 of this act expire by limitation on 32
the date on which the provisions of 42 U.S.C. § 666 requiring 33
each state to establish procedures under which the state has 34
authority to withhold or suspend, or to restrict the use of 35
professional, occupational and recreational licenses of 36
persons who: 37
(a) Have failed to comply with a subpoena or warrant 38
relating to a proceeding to determine the paternity of a child 39
or to establish or enforce an obligation for the support of a 40
child; or 41
(b) Are in arrears in the payment of the support of one or 42
more children, 43
are repealed by the Congress of the United States. 44
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4. Sections 8 and 42 of this act become effective on the 1
date on which the provisions of 42 U.S.C. § 666 requiring 2
each state to establish procedures under which the state has 3
authority to withhold or suspend, or to restrict the use of 4
professional, occupational and recreational licenses of 5
persons who: 6
(a) Have failed to comply with a subpoena or warrant 7
relating to a proceeding to determine the paternity of a child 8
or to establish or enforce an obligation for the support of a 9
child; or 10
(b) Are in arrears in the payment of the support of one or 11
more children, 12
are repealed by the Congress of the United States. 13
[5. Sections 10.3 and 27.3 of this act expire by limitation 14
on the date of the repeal of the federal law requiring each 15
state to make it unlawful for a person to operate a motor 16
vehicle with a blood alcohol concentration of 0.08 percent or 17
greater as a condition to receiving federal funding for the 18
construction of highways in this State. 19
6. Sections 10.7, 27.7, 46 and 47 of this act become 20
effective on the date of the repeal of the federal law requiring 21
each state to make it unlawful for a person to operate a motor 22
vehicle with a blood alcohol concentration of 0.08 percent or 23
greater as a condition to receiving federal funding for the 24
construction of highways in this State.] 25
Sec. 37. Section 18 of chapter 277, Statutes of Nevada 2021, 26
at page 1467, is hereby amended to read as follows: 27
Sec. 18. [1.] This section and sections 1 to 17, 28
inclusive, of this act become effective on July 1, 2021. 29
[2. Section 17.5 of this act becomes effective on the date 30
of the repeal of the federal law requiring each state to make it 31
unlawful for a person to operate a motor vehicle with a blood 32
alcohol concentration of 0.08 percent or greater as a condition 33
to receiving federal funding for the construction of highways 34
in this State.] 35
Sec. 38. 1. NRS 484C.250 and 488.500 are hereby repealed. 36
2. Sections 5, 17, 33, 35, 62 and 63 of chapter 63, Statutes of 37
Nevada 2005, at pages 133, 145, 155, 173 and 174, respectively, 38
sections 71, 73, 80 and 82 of chapter 327, Statutes of Nevada 2007, 39
at pages 1453, 1455, 1460 and 1462, respectively, sections 4 and 6 40
of chapter 433, Statutes of Nevada 2007, at pages 2047 and 2049, 41
respectively, sections 10.7, 27.7, 46 and 47 of chapter 486, Statutes 42
of Nevada 2007, at pages 2789, 2800 and 2812, respectively, and 43
section 17.5 of chapter 277, Statutes of Nevada 2021, at page 1466, 44
are hereby repealed. 45
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TEXT OF REPEALED SECTIONS OF NRS AND
TEXT OF REPEALED SECTIONS OF STATUTES OF NEVADA
484C.250 Admissibility of results of blood test in hearing or
criminal action; immunity from liability for person
administering blood test in certain circumstances.
1. The results of any blood test administered under the
provisions of NRS 484C.160 or 484C.180 are not admissible in any
hearing or criminal action arising out of acts alleged to have been
committed by a person who was driving or in actual physical control
of a vehicle while under the influence of intoxicating liquor or a
controlled substance or with a prohibited substance in his or her
blood or urine or who was engaging in any other conduct prohibited
by NRS 484C.110, 484C.120, 484C.130 or 484C.430 unless:
(a) The blood tested was withdrawn by a person, other than an
arresting officer, who:
(1) Is a physician, physician assistant licensed pursuant to
chapter 630 or 633 of NRS, registered nurse, licensed practical
nurse, advanced emergency medical technician, paramedic or a
phlebotomist, technician, technologist or assistant employed in a
medical laboratory; or
(2) Has special knowledge, skill, experience, training and
education in withdrawing blood in a medically acceptable manner,
including, without limitation, a person qualified as an expert on that
subject in a court of competent jurisdiction or a person who has
completed a course of instruction that qualifies him or her to take an
examination in phlebotomy that is administered by the American
Medical Technologists or the American Society for Clinical
Pathology; and
(b) The test was performed on whole blood, except if the sample
was clotted when it was received by the laboratory, the test may be
performed on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1
does not apply to the taking of a chemical test of the urine, breath or
other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any
civil or criminal liability as a result of the administering of a blood
test when requested by a police officer or the person to be tested to
administer the test.
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488.500 Admissibility of results of blood test in criminal
action; immunity from liability for person administering blood
test in certain circumstances.
1. The results of any blood test administered under the
provisions of NRS 488.460 or 488.490 are not admissible in any
criminal action arising out of acts alleged to have been committed
by a person who was operating or in actual physical control of a
power-driven vessel or sailing vessel under way while under the
influence of intoxicating liquor or a controlled substance or with a
prohibited substance in his or her blood or urine or who was
engaging in any other conduct prohibited by NRS 488.410, 488.420
or 488.425 unless:
(a) The blood tested was withdrawn by a person, other than an
arresting officer, who:
(1) Is a physician, registered nurse, licensed practical nurse,
advanced emergency medical technician, paramedic or a
phlebotomist, technician, technologist or assistant employed in a
medical laboratory; or
(2) Has special knowledge, skill, experience, training and
education in withdrawing blood in a medically acceptable manner,
including, without limitation, a person qualified as an expert on that
subject in a court of competent jurisdiction or a person who has
completed a course of instruction that qualifies him or her to take an
examination in phlebotomy that is administered by the American
Medical Technologists or the American Society for Clinical
Pathology; and
(b) The test was performed on whole blood, except if the sample
was clotted when it was received by the laboratory, the test may be
performed on blood serum or plasma.
2. The limitation contained in paragraph (a) of subsection 1
does not apply to the taking of a chemical test of the urine, breath or
other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any
civil or criminal liability as a result of the administering of a blood
test when requested by a peace officer or the person to be tested to
administer the test.
Section 5 of chapter 63, Statutes of Nevada 2005, at page 133:
Sec. 5. NRS 483.461 is hereby amended to read as
follows:
483.461 1. If the result of a test given pursuant to NRS
484.382 or 484.383 shows that a person less than 21 years of
age had a concentration of alcohol of 0.02 or more but less
than 0.10 in his blood or breath at the time of the test, his
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license, permit or privilege to drive must be suspended for a
period of 90 days.
2. If a revocation or suspension of a person’s license,
permit or privilege to drive for a violation of NRS 62E.640,
484.379 or 484.3795 or section 63 of this act follows a
suspension ordered pursuant to subsection 1, the Department
shall:
(a) Cancel the suspension ordered pursuant to subsection
1; and
(b) Give the person credit toward the period of revocation
or suspension ordered pursuant to NRS 62E.640, 484.379 or
484.3795, or section 63 of this act, whichever is applicable,
for any period during which the person’s license, permit or
privilege to drive was suspended pursuant to subsection 1.
3. This section does not preclude:
(a) The prosecution of a person for a violation of any
other provision of law; or
(b) The suspension or revocation of a person’s license,
permit or privilege to drive pursuant to any other provision of
law.
Section 17 of chapter 63, Statutes of Nevada 2005, at page
145:
Sec. 17. NRS 484.3795 is hereby amended to read as
follows:
484.3795 1. [A] Unless a greater penalty is provided
pursuant to section 63 of this act, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his
blood or breath;
(c) Is found by measurement within 2 hours after driving
or being in actual physical control of a vehicle to have a
concentration of alcohol of 0.10 or more in his blood or
breath;
(d) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a
controlled substance;
(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical
control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in
subsection 3 of NRS 484.379,
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and does any act or neglects any duty imposed by law
while driving or in actual physical control of any vehicle on
or off the highways of this State, if the act or neglect of duty
proximately causes the death of, or substantial bodily harm
to, a person other than himself, is guilty of a category B
felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a
maximum term of not more than 20 years and must be further
punished by a fine of not less than $2,000 nor more than
$5,000. A person so imprisoned must, insofar as practicable,
be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility
of minimum security.
2. A prosecuting attorney shall not dismiss a charge of
violating the provisions of subsection 1 in exchange for a plea
of guilty or nolo contendere to a lesser charge or for any other
reason unless he knows or it is obvious that the charge is not
supported by probable cause or cannot be proved at the time
of trial. A sentence imposed pursuant to subsection 1 may not
be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of
subsection 1 that the defendant consumed a sufficient
quantity of alcohol after driving or being in actual physical
control of the vehicle, and before his blood or breath was
tested, to cause him to have a concentration of alcohol of 0.10
or more in his blood or breath. A defendant who intends to
offer this defense at a trial or preliminary hearing must, not
less than 14 days before the trial or hearing or at such other
time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.
4. If the defendant was transporting a person who is less
than 15 years of age in the motor vehicle at the time of the
violation, the court shall consider that fact as an aggravating
factor in determining the sentence of the defendant.
Section 33 of chapter 63, Statutes of Nevada 2005, at page
155:
Sec. 33. NRS 488.405 is hereby amended to read as
follows:
488.405 As used in NRS 488.410 and 488.420, and
section 63 of this act, the phrase “concentration of alcohol of
0.10 or more in his blood or breath” means 0.10 gram or more
per 100 milliliters of the blood of a person or per 210 liters of
his breath.
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Section 35 of chapter 63, Statutes of Nevada 2005, at page
155:
Sec. 35. NRS 488.420 is hereby amended to read as
follows:
488.420 1. [A] Unless a greater penalty is provided
pursuant to section 63 of this act, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his
blood or breath;
(c) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel under
power or sail to have a concentration of alcohol of 0.10 or
more in his blood or breath;
(d) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a
controlled substance;
(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely operating or being in actual physical
control of a vessel under power or sail; or
(f) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in
subsection 3 of NRS 488.410,
and does any act or neglects any duty imposed by law
while operating or being in actual physical control of any
vessel under power or sail, if the act or neglect of duty
proximately causes the death of, or substantial bodily harm
to, a person other than himself, is guilty of a category B
felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a
maximum term of not more than 20 years and shall be further
punished by a fine of not less than $2,000 nor more than
$5,000. A person so imprisoned must, insofar as practicable,
be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility
of minimum security.
2. A prosecuting attorney shall not dismiss a charge of
violating the provisions of subsection 1 in exchange for a plea
of guilty or nolo contendere to a lesser charge or for any other
reason unless he knows or it is obvious that the charge is not
supported by probable cause or cannot be proved at the time
of trial. A sentence imposed pursuant to subsection 1 must
not be suspended, and probation must not be granted.
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3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of
subsection 1 that the defendant consumed a sufficient
quantity of alcohol after operating or being in actual physical
control of the vessel under power or sail, and before his blood
was tested, to cause him to have a concentration of alcohol of
0.10 or more in his blood or breath. A defendant who intends
to offer this defense at a trial or preliminary hearing must, not
less than 14 days before the trial or hearing or at such other
time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel
at the time of the defendant’s violation, the court shall
consider that fact as an aggravating factor in determining the
sentence of the defendant.
Section 62 of chapter 63, Statutes of Nevada 2005, at page
173:
Sec. 62. Section 10 of this act is hereby amended to read as
follows:
Sec. 10. 1. A person commits vehicular homicide if
he:
(a) Drives or is in actual physical control of a vehicle on
or off the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of [0.08] 0.10 or
more in his blood or breath;
(3) Is found by measurement within 2 hours after
driving or being in actual physical control of a vehicle to have
a concentration of alcohol of [0.08] 0.10 or more in his blood
or breath;
(4) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a
controlled substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical
control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth
in subsection 3 of NRS 484.379;
(b) Proximately causes the death of a person other than
himself while driving or in actual physical control of a
vehicle on or off the highways of this State; and
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(c) Has previously been convicted of at least three
offenses.
2. A person who commits vehicular homicide is guilty of
a category A felony and shall be punished by imprisonment in
the state prison:
(a) For life with the possibility of parole, with eligibility
for parole beginning when a minimum of 10 years has been
served; or
(b) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been
served.
3. A person imprisoned pursuant to subsection 2 must,
insofar as practicable, be segregated from offenders whose
crimes were violent and, insofar as practicable, be assigned to
an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of
vehicular homicide in exchange for a plea of guilty or nolo
contendere to a lesser charge or for any other reason unless he
knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial. A
sentence imposed pursuant to subsection 2 may not be
suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under subparagraph (3)
of paragraph (a) of subsection 1 that the defendant consumed
a sufficient quantity of alcohol after driving or being in actual
physical control of the vehicle, and before his blood or breath
was tested, to cause him to have a concentration of alcohol of
[0.08] 0.10 or more in his blood or breath. A defendant who
intends to offer this defense at a trial or preliminary hearing
must, not less than 14 days before the trial or hearing or at
such other time as the court may direct, file and serve on the
prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less
than 15 years of age in the vehicle at the time of the violation,
the court shall consider that fact as an aggravating factor in
determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379 or 484.3795;
(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from
any other conduct prohibited by this section or NRS 484.379
or 484.3795; or
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(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph
(a) or (b).
Section 63 of chapter 63, Statutes of Nevada 2005, at page
174:
Sec. 63. Section 31 of this act is hereby amended to read as
follows:
Sec. 31. 1. A person commits homicide by vessel if
he:
(a) Operates or is in actual physical control of a vessel
under power or sail on the waters of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of [0.08] 0.10 or
more in his blood or breath;
(3) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel under
power or sail to have a concentration of alcohol of [0.08] 0.10
or more in his blood or breath;
(4) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a
controlled substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely operating or exercising actual physical
control of a vessel under power or sail; or
(6) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth
in subsection 3 of NRS 488.420;
(b) Proximately causes the death of a person other than
himself while operating or in actual physical control of a
vessel under power or sail; and
(c) Has previously been convicted of at least three
offenses.
2. A person who commits homicide by vessel is guilty of
a category A felony and shall be punished by imprisonment in
the state prison:
(a) For life with the possibility of parole, with eligibility
for parole beginning when a minimum of 10 years has been
served; or
(b) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been
served.
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3. A person imprisoned pursuant to subsection 2 must,
insofar as practicable, be segregated from offenders whose
crimes were violent and, insofar as practicable, be assigned to
an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of
homicide by vessel in exchange for a plea of guilty or nolo
contendere to a lesser charge or for any other reason unless he
knows or it is obvious that the charge is not supported by
probable cause or cannot be proved at the time of trial. A
sentence imposed pursuant to subsection 2 may not be
suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under subparagraph (3)
of paragraph (a) of subsection 1 that the defendant consumed
a sufficient quantity of alcohol after operating or being in
actual physical control of the vessel, and before his blood or
breath was tested, to cause him to have a concentration of
alcohol of [0.08] 0.10 or more in his blood or breath. A
defendant who intends to offer this defense at a trial or
preliminary hearing must, not less than 14 days before the
trial or hearing or at such other time as the court may direct,
file and serve on the prosecuting attorney a written notice of
that intent.
6. If the defendant was transporting a person who is less
than 15 years of age in the vessel at the time of the violation,
the court shall consider that fact as an aggravating factor in
determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 488.410 or 488.420;
(b) A homicide resulting from operating or being in actual
physical control of a vessel while under the influence of
intoxicating liquor or a controlled substance or resulting from
any other conduct prohibited by this section or NRS 488.410
or 488.420; or
(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph
(a) or (b).
Section 71 of chapter 327, Statutes of Nevada 2007, at page
1453:
Sec. 71. NRS 484.3795 is hereby amended to read as
follows:
484.3795 1. Unless a greater penalty is provided
pursuant to NRS 484.37955, a person who:
(a) Is under the influence of intoxicating liquor;
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(b) Has a concentration of alcohol of 0.10 or more in his
blood or breath;
(c) Is found by measurement within 2 hours after driving
or being in actual physical control of a vehicle to have a
concentration of alcohol of 0.10 or more in his blood or
breath;
(d) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a
controlled substance;
(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical
control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in
subsection 3 of NRS 484.379,
and does any act or neglects any duty imposed by law
while driving or in actual physical control of any vehicle on
or off the highways of this State, if the act or neglect of duty
proximately causes the death of, or substantial bodily harm
to, a person other than himself, is guilty of a category B
felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a
maximum term of not more than 20 years and must be further
punished by a fine of not less than $2,000 nor more than
$5,000. A person so imprisoned must, insofar as practicable,
be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility
of minimum security.
2. A prosecuting attorney shall not dismiss a charge of
violating the provisions of subsection 1 in exchange for a plea
of guilty , guilty but mentally ill or nolo contendere to a
lesser charge or for any other reason unless he knows or it is
obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial. A sentence imposed
pursuant to subsection 1 may not be suspended nor may
probation be granted.
3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of
subsection 1 that the defendant consumed a sufficient
quantity of alcohol after driving or being in actual physical
control of the vehicle, and before his blood or breath was
tested, to cause him to have a concentration of alcohol of 0.10
or more in his blood or breath. A defendant who intends to
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offer this defense at a trial or preliminary hearing must, not
less than 14 days before the trial or hearing or at such other
time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.
4. If the defendant was transporting a person who is less
than 15 years of age in the motor vehicle at the time of the
violation, the court shall consider that fact as an aggravating
factor in determining the sentence of the defendant.
Section 73 of chapter 327, Statutes of Nevada 2007, at page
1455:
Sec. 73. NRS 484.37955 is hereby amended to read as
follows:
484.37955 1. A person commits vehicular homicide if
he:
(a) Drives or is in actual physical control of a vehicle on
or off the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.10 or more in
his blood or breath;
(3) Is found by measurement within 2 hours after
driving or being in actual physical control of a vehicle to have
a concentration of alcohol of 0.10 or more in his blood or
breath;
(4) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a
controlled substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical
control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth
in subsection 3 of NRS 484.379;
(b) Proximately causes the death of a person other than
himself while driving or in actual physical control of a
vehicle on or off the highways of this State; and
(c) Has previously been convicted of at least three
offenses.
2. A person who commits vehicular homicide is guilty of
a category A felony and shall be punished by imprisonment in
the state prison:
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(a) For life with the possibility of parole, with eligibility
for parole beginning when a minimum of 10 years has been
served; or
(b) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been
served.
3. A person imprisoned pursuant to subsection 2 must,
insofar as practicable, be segregated from offenders whose
crimes were violent and, insofar as practicable, be assigned to
an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of
vehicular homicide in exchange for a plea of guilty , guilty
but mentally ill or nolo contendere to a lesser charge or for
any other reason unless he knows or it is obvious that the
charge is not supported by probable cause or cannot be
proved at the time of trial. A sentence imposed pursuant to
subsection 2 may not be suspended nor may probation be
granted.
5. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under subparagraph (3)
of paragraph (a) of subsection 1 that the defendant consumed
a sufficient quantity of alcohol after driving or being in actual
physical control of the vehicle, and before his blood or breath
was tested, to cause him to have a concentration of alcohol of
0.10 or more in his blood or breath. A defendant who intends
to offer this defense at a trial or preliminary hearing must, not
less than 14 days before the trial or hearing or at such other
time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.
6. If the defendant was transporting a person who is less
than 15 years of age in the vehicle at the time of the violation,
the court shall consider that fact as an aggravating factor in
determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379 or 484.3795;
(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from
any other conduct prohibited by this section or NRS 484.379
or 484.3795; or
(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph
(a) or (b).
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Section 80 of chapter 327, Statutes of Nevada 2007, at page
1460:
Sec. 80. NRS 488.420 is hereby amended to read as
follows:
488.420 1. Unless a greater penalty is provided
pursuant to NRS 488.425, a person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his
blood or breath;
(c) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel under
power or sail to have a concentration of alcohol of 0.10 or
more in his blood or breath;
(d) Is under the influence of a controlled substance or is
under the combined influence of intoxicating liquor and a
controlled substance;
(e) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely operating or being in actual physical
control of a vessel under power or sail; or
(f) Has a prohibited substance in his blood or urine in an
amount that is equal to or greater than the amount set forth in
subsection 3 of NRS 488.410,
and does any act or neglects any duty imposed by law
while operating or being in actual physical control of any
vessel under power or sail, if the act or neglect of duty
proximately causes the death of, or substantial bodily harm
to, a person other than himself, is guilty of a category B
felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a
maximum term of not more than 20 years and shall be further
punished by a fine of not less than $2,000 nor more than
$5,000. A person so imprisoned must, insofar as practicable,
be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility
of minimum security.
2. A prosecuting attorney shall not dismiss a charge of
violating the provisions of subsection 1 in exchange for a plea
of guilty , guilty but mentally ill or nolo contendere to a
lesser charge or for any other reason unless he knows or it is
obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial. A sentence imposed
pursuant to subsection 1 must not be suspended, and
probation must not be granted.
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3. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of
subsection 1 that the defendant consumed a sufficient
quantity of alcohol after operating or being in actual physical
control of the vessel under power or sail, and before his blood
was tested, to cause him to have a concentration of alcohol of
0.10 or more in his blood or breath. A defendant who intends
to offer this defense at a trial or preliminary hearing must, not
less than 14 days before the trial or hearing or at such other
time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel
at the time of the defendant’s violation, the court shall
consider that fact as an aggravating factor in determining the
sentence of the defendant.
Section 82 of chapter 327, Statutes of Nevada 2007, at page
1462:
Sec. 82. NRS 488.425 is hereby amended to read as
follows:
488.425 1. A person commits homicide by vessel if he:
(a) Operates or is in actual physical control of a vessel
under power or sail on the waters of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.10 or more in
his blood or breath;
(3) Is found by measurement within 2 hours after
operating or being in actual physical control of a vessel under
power or sail to have a concentration of alcohol of 0.10 or
more in his blood or breath;
(4) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a
controlled substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely operating or exercising actual physical
control of a vessel under power or sail; or
(6) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth
in subsection 3 of NRS 488.420;
(b) Proximately causes the death of a person other than
himself while operating or in actual physical control of a
vessel under power or sail; and
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(c) Has previously been convicted of at least three
offenses.
2. A person who commits homicide by vessel is guilty of
a category A felony and shall be punished by imprisonment in
the state prison:
(a) For life with the possibility of parole, with eligibility
for parole beginning when a minimum of 10 years has been
served; or
(b) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been
served.
3. A person imprisoned pursuant to subsection 2 must,
insofar as practicable, be segregated from offenders whose
crimes were violent and, insofar as practicable, be assigned to
an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of
homicide by vessel in exchange for a plea of guilty , guilty
but mentally ill or nolo contendere to a lesser charge or for
any other reason unless he knows or it is obvious that the
charge is not supported by probable cause or cannot be
proved at the time of trial. A sentence imposed pursuant to
subsection 2 may not be suspended nor may probation be
granted.
5. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under subparagraph (3)
of paragraph (a) of subsection 1 that the defendant consumed
a sufficient quantity of alcohol after operating or being in
actual physical control of the vessel, and before his blood or
breath was tested, to cause him to have a concentration of
alcohol of 0.10 or more in his blood or breath. A defendant
who intends to offer this defense at a trial or preliminary
hearing must, not less than 14 days before the trial or hearing
or at such other time as the court may direct, file and serve on
the prosecuting attorney a written notice of that intent.
6. If the defendant was transporting a person who is less
than 15 years of age in the vessel at the time of the violation,
the court shall consider that fact as an aggravating factor in
determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 488.410 or 488.420;
(b) A homicide resulting from operating or being in actual
physical control of a vessel while under the influence of
intoxicating liquor or a controlled substance or resulting from
any other conduct prohibited by this section or NRS 488.410
or 488.420; or
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(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph
(a) or (b).
Section 4 of chapter 433, Statutes of Nevada 2007, at page
2047:
Sec. 4. NRS 484.385 is hereby amended to read as
follows:
484.385 1. As agent for the Department, the officer
who obtained the result of a test given pursuant to NRS
484.382 or 484.383 shall immediately serve an order of
revocation of the license, permit or privilege to drive on a
person who has a concentration of alcohol of 0.10 or more in
his blood or breath or has a detectable amount of a prohibited
substance in his blood or urine, if that person is present, and
shall seize his license or permit to drive. The officer shall
then advise him of his right to administrative and judicial
review of the revocation [and to have a] pursuant to NRS
484.387 and, except as otherwise provided in this
subsection, that he has a right to request a temporary license
. [, and] If the person currently is driving with a temporary
license that was issued pursuant to this section or NRS
484.387, he is not entitled to request an additional
temporary license pursuant to this section or NRS 484.387,
and the order of revocation issued by the officer must
revoke the temporary license that was previously issued. If
the person is entitled to request a temporary license, the
officer shall issue him a temporary license on a form
approved by the Department if he requests one, which is
effective for only 7 days including the date of issuance. The
officer shall immediately transmit the person’s license or
permit to the Department along with the written certificate
required by subsection 2.
2. When a police officer has served an order of
revocation of a driver’s license, permit or privilege on a
person pursuant to subsection 1, or later receives the result of
an evidentiary test which indicates that a person, not then
present, had a concentration of alcohol of 0.10 or more in his
blood or breath or had a detectable amount of a prohibited
substance in his blood or urine, the officer shall immediately
prepare and transmit to the Department, together with the
seized license or permit and a copy of the result of the test, a
written certificate that he had reasonable grounds to believe
that the person had been driving or in actual physical control
of a vehicle with a concentration of alcohol of 0.10 or more in
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his blood or breath or with a detectable amount of a
prohibited substance in his blood or urine, as determined by a
chemical test. The certificate must also indicate whether the
officer served an order of revocation on the person and
whether he issued the person a temporary license.
3. The Department, upon receipt of such a certificate for
which an order of revocation has not been served, after
examining the certificate and copy of the result of the
chemical test, if any, and finding that revocation is proper,
shall issue an order revoking the person’s license, permit or
privilege to drive by mailing the order to the person at his last
known address. The order must indicate the grounds for the
revocation and the period during which the person is not
eligible for a license, permit or privilege to drive and state
that the person has a right to administrative and judicial
review of the revocation and to have a temporary license. The
order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the
affirmation of a prior order of revocation or the cancellation
of a temporary license provided in NRS 484.387 is sufficient
if it is mailed to the person’s last known address as shown by
any application for a license. The date of mailing may be
proved by the certificate of any officer or employee of the
Department, specifying the time of mailing the notice. The
notice is presumed to have been received upon the expiration
of 5 days after it is deposited, postage prepaid, in the United
States mail.
Section 6 of chapter 433, Statutes of Nevada 2007, at page
2049:
Sec. 6. NRS 484.387 is hereby amended to read as
follows:
484.387 1. At any time while a person is not eligible
for a license, permit or privilege to drive following an order
of revocation issued pursuant to NRS 484.385, he may
request in writing a hearing by the Department to review the
order of revocation, but he is only entitled to one hearing. The
hearing must be conducted within 15 days after receipt of the
request, or as soon thereafter as is practicable, in the county
where the requester resides unless the parties agree otherwise.
The Director or his agent may issue subpoenas for the
attendance of witnesses and the production of relevant books
and papers and may require a reexamination of the requester.
[The] Unless the person is ineligible for a temporary license
pursuant to NRS 484.385, the Department shall issue an
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additional temporary license for a period which is sufficient
to complete the administrative review.
2. The scope of the hearing must be limited to the issue
of whether the person, at the time of the test, had a
concentration of alcohol of 0.10 or more in his blood or
breath or a detectable amount of a prohibited substance in his
blood or urine. Upon an affirmative finding on this issue, the
Department shall affirm the order of revocation. Otherwise,
the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is
affirmed, the person whose license, privilege or permit has
been revoked is entitled to a review of the same issues in
district court in the same manner as provided by chapter 233B
of NRS. The court shall notify the Department upon the
issuance of a stay, and the Department shall issue an
additional temporary license for a period which is sufficient
to complete the review.
4. If a hearing officer grants a continuance of a hearing
at the request of the person whose license was revoked, or a
court does so after issuing a stay of the revocation, the officer
or court shall notify the Department, and the Department shall
cancel the temporary license and notify the holder by mailing
the order of cancellation to his last known address.
Section 10.7 of chapter 486, Statutes of Nevada 2007, at page
2789:
Sec. 10.7. NRS 483.461 is hereby amended to read as
follows:
483.461 1. If the result of a test given pursuant to NRS
484.382 or 484.383 shows that a person less than 21 years of
age had a concentration of alcohol of 0.02 or more but less
than 0.10 in his blood or breath at the time of the test, his
license, permit or privilege to drive must be suspended for a
period of 90 days.
2. If a revocation or suspension of a person’s license,
permit or privilege to drive for a violation of NRS 62E.640,
484.379, 484.3795 or 484.37955 or section 22 of this act
follows a suspension ordered pursuant to subsection 1, the
Department shall:
(a) Cancel the suspension ordered pursuant to subsection
1; and
(b) Give the person credit toward the period of revocation
or suspension ordered pursuant to NRS 62E.640, 484.379,
484.3795 or 484.37955 [,] or section 22 of this act,
whichever is applicable, for any period during which the
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person’s license, permit or privilege to drive was suspended
pursuant to subsection 1.
3. This section does not preclude:
(a) The prosecution of a person for a violation of any
other provision of law; or
(b) The suspension or revocation of a person’s license,
permit or privilege to drive pursuant to any other provision of
law.
Section 27.7 of chapter 486, Statutes of Nevada 2007, at page
2800:
Sec. 27.7. NRS 484.37955 is hereby amended to read as
follows:
484.37955 1. A person commits vehicular homicide if
he:
(a) Drives or is in actual physical control of a vehicle on
or off the highways of this State and:
(1) Is under the influence of intoxicating liquor;
(2) Has a concentration of alcohol of 0.10 or more in
his blood or breath;
(3) Is found by measurement within 2 hours after
driving or being in actual physical control of a vehicle to have
a concentration of alcohol of 0.10 or more in his blood or
breath;
(4) Is under the influence of a controlled substance or
is under the combined influence of intoxicating liquor and a
controlled substance;
(5) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical
control of a vehicle; or
(6) Has a prohibited substance in his blood or urine in
an amount that is equal to or greater than the amount set forth
in subsection 3 of NRS 484.379;
(b) Proximately causes the death of a person other than
himself while driving or in actual physical control of a
vehicle on or off the highways of this State; and
(c) Has previously been convicted of at least three
offenses.
2. A person who commits vehicular homicide is guilty of
a category A felony and shall be punished by imprisonment in
the state prison:
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(a) For life with the possibility of parole, with eligibility
for parole beginning when a minimum of 10 years has been
served; or
(b) For a definite term of 25 years, with eligibility for
parole beginning when a minimum of 10 years has been
served.
3. A person imprisoned pursuant to subsection 2 must,
insofar as practicable, be segregated from offenders whose
crimes were violent and, insofar as practicable, be assigned to
an institution or facility of minimum security.
4. A prosecuting attorney shall not dismiss a charge of
vehicular homicide in exchange for a plea of guilty, guilty but
mentally ill or nolo contendere to a lesser charge or for any
other reason unless he knows or it is obvious that the charge
is not supported by probable cause or cannot be proved at the
time of trial. A sentence imposed pursuant to subsection 2
may not be suspended nor may probation be granted.
5. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under subparagraph (3)
of paragraph (a) of subsection 1 that the defendant consumed
a sufficient quantity of alcohol after driving or being in actual
physical control of the vehicle, and before his blood or breath
was tested, to cause him to have a concentration of alcohol of
0.10 or more in his blood or breath. A defendant who intends
to offer this defense at a trial or preliminary hearing must, not
less than 14 days before the trial or hearing or at such other
time as the court may direct, file and serve on the prosecuting
attorney a written notice of that intent.
6. If the defendant was transporting a person who is less
than 15 years of age in the vehicle at the time of the violation,
the court shall consider that fact as an aggravating factor in
determining the sentence of the defendant.
7. As used in this section, “offense” means:
(a) A violation of NRS 484.379 or 484.3795 [;] or section
22 of this act;
(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from
any other conduct prohibited by this section or NRS 484.379
or 484.3795; or
(c) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in paragraph
(a) or (b).
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Section 46 of chapter 486, Statutes of Nevada 2007, at page
2812:
Sec. 46. Section 21 of this act is hereby amended to read as
follows:
Sec. 21. The phrase “concentration of alcohol of 0.04 or
more but less than [0.08] 0.10 in his blood or breath” means
0.04 gram or more but less than [0.08] 0.10 gram of alcohol
per 100 milliliters of the blood of a person or per 210 liters of
his breath.
Section 47 of chapter 486, Statutes of Nevada 2007, at page
2812:
Sec. 47. Section 22 of this act is hereby amended to read as
follows:
Sec. 22. 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.04 or more but
less than [0.08] 0.10 in his blood or breath; or
(c) Is found by measurement within 2 hours after driving
or being in actual physical control of a commercial motor
vehicle to have a concentration of alcohol of 0.04 or more but
less than [0.08] 0.10 in his blood or breath,
to drive or be in actual physical control of a commercial
motor vehicle on a highway or on premises to which the
public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor
and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or
combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical
control of a commercial motor vehicle,
to drive or be in actual physical control of a commercial
motor vehicle on a highway or on premises to which the
public has access. The fact that any person charged with a
violation of this subsection is or has been entitled to use that
drug under the laws of this State is not a defense against any
charge of violating this subsection.
3. It is unlawful for any person to drive or be in actual
physical control of a commercial motor vehicle on a highway
or on premises to which the public has access with an amount
of a prohibited substance in his blood or urine that is equal to
or greater than:
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Urine Blood
Nanograms Nanograms
Prohibited substance per milliliter per milliliter
(a) Amphetamine 500 100
(b) Cocaine 150 50
(c) Cocaine metabolite 150 50
(d) Heroin 2,000 50
(e) Heroin metabolite:
(1) Morphine 2,000 50
(2) 6-monoacetyl morphine 10 10
(f) Lysergic acid diethylamide 25 10
(g) Marijuana 10 2
(h) Marijuana metabolite 15 5
(i) Methamphetamine 500 100
(j) Phencyclidine 25 10
4. If consumption is proven by a preponderance of the
evidence, it is an affirmative defense under paragraph (c) of
subsection 1 that the defendant consumed a sufficient
quantity of alcohol after driving or being in actual physical
control of the commercial motor vehicle, and before his blood
or breath was tested, to cause him to have a concentration of
alcohol of 0.04 or more in his blood or breath. A defendant
who intends to offer this defense at a trial or preliminary
hearing must, not less than 14 days before the trial or hearing
or at such other time as the court may direct, file and serve on
the prosecuting attorney a written notice of that intent.
5. A person who violates any provision of this section
may be subject to the additional penalty set forth in
NRS 484.3667.
Section 17.5 of chapter 277, Statutes of Nevada 2021, at page
1466:
Sec. 17.5. Section 1 of this act is hereby amended to read
as follows:
Section 1. Chapter 483 of NRS is hereby amended by
adding thereto a new section to read as follows:
1. If the result of a test given pursuant to NRS 484C.150
or 484C.160 shows that a person 18 years of age or older had
a concentration of alcohol of 0.04 or more but less than [0.08]
0.10 in his or her blood or breath or any detectable amount of
a substance described in 21 C.F.R. 1308.11 in his or her
blood or urine at the time of the test, the person’s commercial
driver’s license, commercial learner’s permit or privilege to
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drive a commercial motor vehicle must be suspended for a
period of 1 year.
2. This section does not preclude:
(a) The prosecution of a person for a violation of any
other provision of law; or
(b) The suspension or revocation of a person’s
commercial driver’s license, commercial learner’s permit or
privilege to drive a commercial motor vehicle pursuant to any
other provision of law.
H