EXEMPT
(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 309
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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; 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 1
or operating or physically controlling a vessel under certain circumstances if the 2
person has specified amounts of certain prohibited substances in his or her blood or 3
urine. (NRS 484C.110, 488.410) Sections 5 and 15 of this bill additionally prohibit 4
a person from driving or physically controlling a vehicle or operating or physically 5
controlling a vessel with specific amounts of fentanyl in his or her blood or urine. 6
Section 3 of this bill makes a conforming change to include fentanyl in the 7
definition of “prohibited substance.” 8
Existing law establishes various penalties applicable to the offense of driving or 9
physically controlling a vehicle while under the influence of alcohol or a prohibited 10
substance, depending on whether the offense is the first, second or third offense 11
within 7 years. (NRS 484C.400) Among other things, a court may sentence a 12
person who is found guilty of a second offense within 7 years to: (1) imprisonment 13
for not less than 10 days nor more than 6 months in jail; or (2) residential 14
confinement for not less than 10 days nor more than 6 months. Section 12 of this 15
bill increases the minimum term of imprisonment or residential confinement to 20 16
days. 17
Existing law requires an offender who had a concentration of alcohol of 0.18 or 18
more in his or her blood or breath at the time of an offense to be evaluated before 19
sentencing to determine whether the offender has an alcohol or substance use 20
disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of 21
alcohol threshold to require an offender who had a concentration of alcohol of 0.16 22
or more in his or her blood or breath at the time of the offense to be evaluated for 23
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an alcohol or substance use disorder. Sections 1, 9 and 12 of this bill make 24
conforming changes to reduce references to the concentration of alcohol from 0.18 25
to 0.16. Section 38 of this bill makes a technical change to repeal a definition that 26
is not used in chapter 484C of NRS. 27
Additionally, existing law, under certain circumstances, authorizes certain first, 28
second and third-time offenders to apply to the court to undergo a program of 29
treatment for an alcohol or other substance use disorder. (NRS 484C.320, 30
484C.330, 484C.340) Existing law prohibits an offender from applying to undergo 31
such a program for third-time offenders if the offender has previously applied to 32
receive such treatment or has previously been convicted of certain offenses. (NRS 33
484C.340) Section 10 of this bill removes the restriction related to previous 34
applications by a third-time offender to undergo such a program and instead 35
prohibits the offender from applying to undergo such a program if the offender has 36
previously been ordered to complete a program of treatment for third-time 37
offenders. 38
For the purposes of determining whether a person that drives or physically 39
controls a vehicle while under the influence of alcohol or a prohibited substance is 40
a first, second or third-time offender, existing law qualifies an offense as a prior 41
offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the 42
judgment of conviction is set aside or dismissed in connection with successful 43
completion of a diversionary program or specialty court program. (NRS 484C.400) 44
Section 12 additionally provides that an offense qualifies as a prior offense if the 45
person is undergoing a program of treatment for an alcohol or substance use 46
disorder for a first, second or third-time offender. 47
Existing law establishes a penalty that is applicable to a person who has 48
previously committed certain felonies related to driving under the influence of 49
alcohol or a prohibited substance and who subsequently commits the offense of 50
driving or physically controlling a vehicle while under the influence of alcohol or a 51
prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies 52
this penalty to a person who is undergoing a program of treatment for an alcohol or 53
substance use disorder for a third-time offender, if the person subsequently 54
commits the offense of driving or physically controlling a vehicle while under the 55
influence of alcohol or a prohibited substance. 56
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. (Deleted by amendment.) 7
Sec. 3. NRS 484C.080 is hereby amended to read as follows: 8
484C.080 “Prohibited substance” means any of the following 9
substances if the person who uses the substance has not been issued 10
a valid prescription to use the substance and the substance is 11
classified in schedule I or II pursuant to NRS 453.166 or 453.176 12
when it is used: 13
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1. Amphetamine. 1
2. Cocaine or cocaine metabolite. 2
3. Fentanyl. 3
4. Heroin or heroin metabolite (morphine or 6-monoacetyl 4
morphine). 5
[4.] 5. Lysergic acid diethylamide. 6
[5.] 6. Marijuana or marijuana metabolite. 7
[6.] 7. Methamphetamine. 8
[7.] 8. Phencyclidine. 9
Sec. 4. (Deleted by amendment.) 10
Sec. 5. NRS 484C.110 is hereby amended to read as follows: 11
484C.110 1. It is unlawful for any 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; or 15
(c) Is found by measurement within 2 hours after driving or 16
being in actual physical control of a vehicle to have a concentration 17
of alcohol of 0.08 or more in his or her blood or breath, 18
to drive or be in actual physical control of a vehicle on a highway 19
or on premises to which the public has access. 20
2. It is unlawful for any person who: 21
(a) Is under the influence of a controlled substance; 22
(b) Is under the combined influence of intoxicating liquor and a 23
controlled substance; or 24
(c) Inhales, ingests, applies or otherwise uses any chemical, 25
poison or organic solvent, or any compound or combination of any 26
of these, to a degree which renders the person incapable of safely 27
driving or exercising actual physical control of a vehicle, 28
to drive or be in actual physical control of a vehicle on a highway 29
or on premises to which the public has access. The fact that any 30
person charged with a violation of this subsection is or has been 31
entitled to use that drug under the laws of this State is not a defense 32
against any charge of violating this subsection. 33
3. It is unlawful for any person to drive or be in actual physical 34
control of a vehicle on a highway or on premises to which the public 35
has access with an amount of any of the following prohibited 36
substances in his or her blood or urine that is equal to or greater 37
than: 38
39
Urine Blood 40
Nanograms Nanograms 41
Prohibited substance per milliliter per milliliter 42
43
(a) Amphetamine 500 100 44
(b) Cocaine 150 50 45
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Urine Blood 1
Nanograms Nanograms 2
Prohibited substance per milliliter per milliliter 3
4
(c) Cocaine metabolite 150 50 5
(d) Fentanyl 10 1 6
(e) Heroin 2,000 50 7
[(e)] (f) Heroin metabolite: 8
(1) Morphine 2,000 50 9
(2) 6-monoacetyl morphine 10 10 10
[(f)] (g) Lysergic acid diethylamide 25 10 11
[(g)] (h) Methamphetamine 500 100 12
[(h)] (i) Phencyclidine 25 10 13
14
4. For any violation that is punishable pursuant to paragraph 15
(c) of subsection 1 of NRS 484C.400, it is unlawful for any person 16
to drive or be in actual physical control of a vehicle on a highway or 17
on premises to which the public has access with an amount of any of 18
the following prohibited substances in his or her blood that is equal 19
to or greater than: 20
21
Blood 22
Nanograms 23
Prohibited substance per milliliter 24
25
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 26
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 27
28
5. If consumption is proven by a preponderance of the 29
evidence, it is an affirmative defense under paragraph (c) of 30
subsection 1 that the defendant consumed a sufficient quantity of 31
alcohol after driving or being in actual physical control of the 32
vehicle, and before his or her blood or breath was tested, to cause 33
the defendant to have a concentration of alcohol of 0.08 or more in 34
his or her blood or breath. A defendant who intends to offer this 35
defense at a trial or preliminary hearing must, not less than 14 days 36
before the trial or hearing or at such other time as the court may 37
direct, file and serve on the prosecuting attorney a written notice of 38
that intent. 39
6. A person who violates any provision of this section may be 40
subject to any additional penalty set forth in NRS 484B.130 or 41
484B.135. 42
Sec. 6. (Deleted by amendment.) 43
Sec. 7. (Deleted by amendment.) 44
Sec. 8. (Deleted by amendment.) 45
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Sec. 9. NRS 484C.320 is hereby amended to read as follows: 1
484C.320 1. An offender who is found guilty of a violation 2
of NRS 484C.110 or 484C.120 that is punishable pursuant to 3
paragraph (a) of subsection 1 of NRS 484C.400, other than an 4
offender who is found to have a concentration of alcohol of [0.18] 5
0.16 or more in his or her blood or breath, may, at that time or any 6
time before the offender is sentenced, apply to the court to undergo 7
a program of treatment for an alcohol or other substance use 8
disorder for at least 6 months. The court shall authorize that 9
treatment if: 10
(a) The offender is diagnosed as a person with an alcohol or 11
other substance use disorder by: 12
(1) An alcohol and drug counselor who is licensed or 13
certified, or a clinical alcohol and drug counselor who is licensed, 14
pursuant to chapter 641C of NRS, to make that diagnosis; 15
(2) A physician who is certified to make that diagnosis by the 16
Board of Medical Examiners; or 17
(3) An advanced practice registered nurse who is certified to 18
make that diagnosis by the State Board of Nursing; 19
(b) The offender agrees to pay the cost of the treatment to the 20
extent of his or her financial resources; and 21
(c) The offender has served or will serve a term of imprisonment 22
in jail of not less than 1 day, or has performed or will perform 24 23
hours of community service. 24
2. A prosecuting attorney may, within 10 days after receiving 25
notice of an application for treatment pursuant to this section, 26
request a hearing on the question of whether the offender is eligible 27
to undergo a program of treatment for an alcohol or other substance 28
use disorder. The court shall order a hearing on the application upon 29
the request of the prosecuting attorney or may order a hearing on its 30
own motion. The hearing must be limited to the question of whether 31
the offender is eligible to undergo such a program of treatment. 32
3. At the hearing on the application for treatment, the 33
prosecuting attorney may present the court with any relevant 34
evidence on the matter. If a hearing is not held, the court shall 35
decide the matter upon affidavits and other information before the 36
court. 37
4. If the court grants an application for treatment, the court 38
shall: 39
(a) Immediately sentence the offender and enter judgment 40
accordingly. 41
(b) Suspend the sentence of the offender for not more than 3 42
years upon the condition that the offender be accepted for treatment 43
by a treatment provider that is approved by the court, that the 44
offender complete the treatment satisfactorily and that the offender 45
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comply with any other condition ordered by the court. If the court 1
has a specialty court program for the supervision and monitoring of 2
the person, the treatment provider must comply with the 3
requirements of the specialty court, including, without limitation, 4
any requirement to submit progress reports to the specialty court. 5
(c) Advise the offender that: 6
(1) He or she may be placed under the supervision of a 7
treatment provider for a period not to exceed 3 years. 8
(2) The court may order the offender to be admitted to a 9
residential treatment facility or to be provided with outpatient 10
treatment in the community. 11
(3) If the offender fails to complete the program of treatment 12
satisfactorily, the offender shall serve the sentence imposed by the 13
court. Any sentence of imprisonment must be reduced by a time 14
equal to that which the offender served before beginning treatment. 15
(4) If the offender completes the treatment satisfactorily, the 16
offender’s sentence will be reduced to a term of imprisonment 17
which is not less than 1 day and a fine of not more than the 18
minimum fine provided for the offense in NRS 484C.400, but 19
the conviction must remain on the record of criminal history of the 20
offender for the period prescribed by law. 21
5. The court shall administer the program of treatment pursuant 22
to the procedures provided in NRS 176A.230 to 176A.245, 23
inclusive, except that the court: 24
(a) Shall not defer the sentence, set aside the conviction or 25
impose conditions upon the election of treatment except as 26
otherwise provided in this section. 27
(b) May immediately revoke the suspension of sentence for a 28
violation of any condition of the suspension. 29
6. The court shall notify the Department, on a form approved 30
by the Department, upon granting the application of the offender for 31
treatment and his or her failure to be accepted for or complete 32
treatment. 33
Sec. 10. NRS 484C.340 is hereby amended to read as follows: 34
484C.340 1. An offender who enters a plea of guilty or nolo 35
contendere to a violation of NRS 484C.110 or 484C.120 that is 36
punishable pursuant to paragraph (c) of subsection 1 of NRS 37
484C.400 may, at the time the offender enters a plea, apply to the 38
court to undergo a program of treatment for an alcohol or other 39
substance use disorder for at least 3 years. The court may authorize 40
that treatment if: 41
(a) The offender is diagnosed as a person with an alcohol or 42
other substance use disorder by: 43
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(1) An alcohol and drug counselor who is licensed or 1
certified, or a clinical alcohol and drug counselor who is licensed, 2
pursuant to chapter 641C of NRS, to make that diagnosis; 3
(2) A physician who is certified to make that diagnosis by the 4
Board of Medical Examiners; 5
(3) An advanced practice registered nurse who is certified to 6
make that diagnosis by the State Board of Nursing; and 7
(b) The offender agrees to pay the costs of the treatment to the 8
extent of his or her financial resources. 9
An alcohol and drug counselor, a clinical alcohol and drug 10
counselor, a physician or an advanced practice registered nurse who 11
diagnoses an offender as a person with an alcohol or other substance 12
use disorder shall make a report and recommendation to the court 13
concerning the length and type of treatment required for the 14
offender. 15
2. A prosecuting attorney may, within 10 days after receiving 16
notice of an application for treatment pursuant to this section, 17
request a hearing on the matter. The court shall order a hearing on 18
the application upon the request of the prosecuting attorney or may 19
order a hearing on its own motion. 20
3. At the hearing on the application for treatment, the 21
prosecuting attorney may present the court with any relevant 22
evidence on the matter. If a hearing is not held, the court shall 23
decide the matter and other information before the court. 24
4. If the court determines that an application for treatment 25
should be granted, the court shall: 26
(a) Immediately, without entering a judgment of conviction and 27
with the consent of the offender, suspend further proceedings and 28
place the offender on probation for not more than 5 years. 29
(b) Order the offender to complete a program of treatment for an 30
alcohol or other substance use disorder with a treatment provider 31
approved by the court. If the court has a specialty court program for 32
the supervision and monitoring of the person, the treatment provider 33
must comply with the requirements of the specialty court, including, 34
without limitation, any requirement to submit progress reports to the 35
specialty court. 36
(c) Advise the offender that: 37
(1) He or she may be placed under the supervision of a 38
treatment provider for not more than 5 years. 39
(2) The court may order the offender to be admitted to a 40
residential treatment facility. 41
(3) The court will enter a judgment of conviction for a 42
violation of paragraph (c) of subsection 1 of NRS 484C.400 if a 43
treatment provider fails to accept the offender for a program of 44
treatment for an alcohol or other substance use disorder or if the 45
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offender fails to complete the program of treatment satisfactorily. 1
Any sentence of imprisonment may be reduced by a time equal to 2
that which the offender served before beginning treatment. 3
(4) If the offender completes the treatment satisfactorily, the 4
court will enter a judgment of conviction for a violation of 5
paragraph (b) of subsection 1 of NRS 484C.400. 6
(5) The provisions of NRS 483.460 requiring the revocation 7
of the license, permit or privilege of the offender to drive do not 8
apply. 9
5. The court shall administer the program of treatment pursuant 10
to the procedures provided in NRS 176A.230 to 176A.245, 11
inclusive, except that the court: 12
(a) Shall not defer the sentence or set aside the conviction upon 13
the election of treatment, except as otherwise provided in this 14
section; and 15
(b) May enter a judgment of conviction and proceed as provided 16
in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of 17
a condition ordered by the court. 18
6. To participate in a program of treatment, the offender must: 19
(a) Serve not less than 6 months of residential confinement; 20
(b) Be placed under a system of active electronic monitoring, 21
through the Division, that is capable of identifying the offender’s 22
location and producing, upon request, reports or records of the 23
offender’s presence near or within, or departure from, a specified 24
geographic location and pay any costs associated with the offender’s 25
participation under the system of active electronic monitoring; 26
(c) Install, at his or her own expense, an ignition interlock 27
device for not less than 12 months; 28
(d) Not drive any vehicle unless it is equipped with an ignition 29
interlock device; 30
(e) Agree to be subject to periodic testing for the use of alcohol 31
or controlled substances while participating in a program of 32
treatment; and 33
(f) Agree to any other conditions that the court deems necessary. 34
7. An offender may not apply to the court to undergo a 35
program of treatment for an alcohol or other substance use disorder 36
pursuant to this section if the offender has previously [applied] been 37
ordered to [receive] complete a program of treatment pursuant to 38
this section or if the offender has previously been convicted of: 39
(a) A violation of NRS 484C.430; 40
(b) A violation of NRS 484C.130; 41
(c) A homicide resulting from driving or being in actual physical 42
control of a vehicle while under the influence of intoxicating liquor 43
or a controlled substance or resulting from any other conduct 44
prohibited by NRS 484C.110, 484C.130 or 484C.430; 45
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(d) A violation of paragraph (c) of subsection 1 of 1
NRS 484C.400; 2
(e) A violation of NRS 484C.410; or 3
(f) A violation of law of any other jurisdiction that prohibits the 4
same or similar conduct as set forth in paragraph (a), (b), (c) or (d). 5
8. An offender placed under a system of active electronic 6
monitoring pursuant to paragraph (b) of subsection 6 shall: 7
(a) Follow the instructions provided by the Division to maintain 8
the electronic monitoring device in working order. 9
(b) Report any incidental damage or defacement of the 10
electronic monitoring device to the Division within 2 hours after the 11
occurrence of the damage or defacement. 12
(c) Abide by any other conditions set forth by the court or the 13
Division with regard to the offender’s participation under the system 14
of active electronic monitoring. 15
9. Except as otherwise provided in this subsection, a person 16
who intentionally removes or disables or attempts to remove or 17
disable an electronic monitoring device placed on an offender 18
pursuant to this section is guilty of a gross misdemeanor. The 19
provisions of this subsection do not prohibit a person authorized by 20
the Division from performing maintenance or repairs to an 21
electronic monitoring device. 22
10. As used is this section, “Division” means the Division of 23
Parole and Probation of the Department of Public Safety. 24
Sec. 11. NRS 484C.350 is hereby amended to read as follows: 25
484C.350 1. If an offender is found guilty of a violation of 26
NRS 484C.110 that is punishable pursuant to paragraph (a) of 27
subsection 1 of NRS 484C.400 and if the concentration of alcohol in 28
the offender’s blood or breath at the time of the offense was [0.18] 29
0.16 or more, if an offender is found guilty of a violation of NRS 30
484C.110 or 484C.120 that is punishable pursuant to paragraph (b) 31
of subsection 1 of NRS 484C.400 or if an offender is found guilty of 32
a violation of subsection 4 of NRS 453.336, the court shall, before 33
sentencing the offender, require an evaluation of the offender 34
pursuant to subsection 3, 4, 5 or 6 to determine whether the offender 35
has an alcohol or other substance use disorder. 36
2. If an offender is convicted of a violation of NRS 484C.110 37
or 484C.120 that is punishable pursuant to paragraph (a) of 38
subsection 1 of NRS 484C.400 and if the offender is under 21 years 39
of age at the time of the violation or if the offender is convicted of a 40
violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NRS 41
202.040 or subsection 4 of NRS 678D.310, the court shall, before 42
sentencing the offender, require an evaluation of the offender 43
pursuant to subsection 3, 4, 5 or 6 to determine whether the offender 44
has an alcohol or other substance use disorder. 45
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3. Except as otherwise provided in subsection 4, 5 or 6, the 1
evaluation of an offender pursuant to this section must be conducted 2
at an evaluation center by: 3
(a) An alcohol and drug counselor who is licensed or certified, 4
or a clinical alcohol and drug counselor who is licensed, pursuant to 5
chapter 641C of NRS, to make that evaluation; 6
(b) A physician who is certified to make that evaluation by the 7
Board of Medical Examiners; or 8
(c) An advanced practice registered nurse who is certified to 9
make that diagnosis by the State Board of Nursing, 10
who shall report to the court the results of the evaluation and 11
make a recommendation to the court concerning the length and type 12
of treatment required for the offender. 13
4. The evaluation of an offender who resides more than 30 14
miles from an evaluation center may be conducted outside an 15
evaluation center by a person who has the qualifications set forth in 16
subsection 3. The person who conducts the evaluation shall report to 17
the court the results of the evaluation and make a recommendation 18
to the court concerning the length and type of treatment required for 19
the offender. 20
5. The evaluation of an offender who resides in another state 21
may, upon approval of the court, be conducted in the state where the 22
offender resides by a physician, advanced practice registered nurse 23
or other person who is authorized by the appropriate governmental 24
agency in that state to conduct such an evaluation. The offender 25
shall ensure that the results of the evaluation and the 26
recommendation concerning the length and type of treatment for the 27
offender are reported to the court. 28
6. The evaluation of an offender who resides in this State may, 29
upon approval of the court, be conducted in another state by a 30
physician, advanced practice registered nurse or other person who is 31
authorized by the appropriate governmental agency in that state to 32
conduct such an evaluation if the location of the physician, 33
advanced practice registered nurse or other person in the other state 34
is closer to the residence of the offender than the nearest location in 35
this State at which an evaluation may be conducted. The offender 36
shall ensure that the results of the evaluation and the 37
recommendation concerning the length and type of treatment for the 38
offender are reported to the court. 39
7. An offender who is evaluated pursuant to this section shall 40
pay the cost of the evaluation. An evaluation center or a person who 41
conducts an evaluation in this State outside an evaluation center 42
shall not charge an offender more than $100 for the evaluation. 43
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Sec. 12. NRS 484C.400 is hereby amended to read as follows: 1
484C.400 1. Unless a greater penalty is provided pursuant to 2
NRS 484C.430 or 484C.440, and except as otherwise provided in 3
NRS 484C.394 or 484C.410, a person who violates the provisions 4
of NRS 484C.110 or 484C.120: 5
(a) For the first offense within 7 years, is guilty of a 6
misdemeanor. Unless the person is allowed to undergo treatment as 7
provided in NRS 484C.320, the court shall: 8
(1) Except as otherwise provided in subparagraph (4) of this 9
paragraph or subsection 3 of NRS 484C.420, order the person to pay 10
tuition for an educational course on alcohol or other substance use 11
disorders approved by the Department and complete the course 12
within the time specified in the order, and the court shall notify the 13
Department if the person fails to complete the course within the 14
specified time; 15
(2) Unless the sentence is reduced pursuant to 16
NRS 484C.320: 17
(I) Sentence the person to imprisonment for not less than 18
2 days nor more than 6 months in jail or residential confinement for 19
not less than 2 days nor more than 6 months, in the manner provided 20
in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or 21
(II) Order the person to perform not less than 48 hours, 22
but not more than 96 hours, of community service; 23
(3) Fine the person not less than $400 nor more than $1,000; 24
and 25
(4) If the person is found to have a concentration of alcohol 26
of [0.18] 0.16 or more in his or her blood or breath, order the person 27
to attend a program of treatment for an alcohol or other substance 28
use disorder pursuant to the provisions of NRS 484C.360. 29
(b) For a second offense within 7 years, is guilty of a 30
misdemeanor. Unless the sentence is reduced pursuant to NRS 31
484C.330, the court shall: 32
(1) Sentence the person to: 33
(I) Imprisonment for not less than [10] 20 days nor more 34
than 6 months in jail; or 35
(II) Residential confinement for not less than [10] 20 days 36
nor more than 6 months, in the manner provided in NRS 4.376 to 37
4.3766, inclusive, or 5.0755 to 5.078, inclusive; 38
(2) Fine the person not less than $750 nor more than $1,000, 39
or order the person to perform an equivalent number of hours of 40
community service; and 41
(3) Order the person to attend a program of treatment for an 42
alcohol or other substance use disorder pursuant to the provisions of 43
NRS 484C.360. 44
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A person who willfully fails or refuses to complete successfully a 1
term of residential confinement or a program of treatment ordered 2
pursuant to this paragraph is guilty of a misdemeanor. 3
(c) Except as otherwise provided in NRS 484C.340, for a third 4
offense within 7 years, is guilty of a category B felony and the 5
court: 6
(1) Shall: 7
(I) Sentence the person to imprisonment in the state 8
prison for a minimum term of not less than 1 year and a maximum 9
term of not more than 6 years; and 10
(II) Fine the person not less than $2,000 nor more than 11
$5,000; and 12
(2) May order the person to attend a program of treatment for 13
an alcohol or other substance use disorder pursuant to the provisions 14
of NRS 484C.360 if the results of an evaluation conducted pursuant 15
to NRS 484C.300 indicate that the person has an alcohol or other 16
substance use disorder and that the person can be treated 17
successfully for his or her condition. 18
An offender who is imprisoned pursuant to the provisions of this 19
paragraph must, insofar as practicable, be segregated from offenders 20
whose crimes were violent and, insofar as practicable, be assigned 21
to an institution or facility of minimum security. 22
2. An offense that occurred within 7 years immediately 23
preceding the date of the principal offense or after the principal 24
offense constitutes a prior offense for the purposes of this section: 25
(a) When evidenced by a conviction; [or] 26
(b) If the person is undergoing a program of treatment for an 27
alcohol or other substance use disorder pursuant to NRS 28
484C.320, 484C.330 or 484C.340 as a result of the offense; or 29
(c) If the offense is conditionally dismissed or the judgment of 30
conviction is set aside pursuant to NRS 176A.240, 176A.260 or 31
176A.290 or dismissed in connection with successful completion of 32
a diversionary program or specialty court program, 33
without regard to the sequence of the offenses and convictions. 34
The facts concerning a prior offense must be alleged in the 35
complaint, indictment or information, must not be read to the jury or 36
proved at trial but must be proved at the time of sentencing and, if 37
the principal offense is alleged to be a felony, must also be shown at 38
the preliminary examination or presented to the grand jury. 39
3. A term of confinement imposed pursuant to the provisions 40
of this section may be served intermittently at the discretion of the 41
judge or justice of the peace, except that a person who is convicted 42
of a second or subsequent offense within 7 years must be confined 43
for at least one segment of not less than 48 consecutive hours. This 44
discretion must be exercised after considering all the circumstances 45
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surrounding the offense, and the family and employment of the 1
offender, but any sentence of 30 days or less must be served within 2
6 months after the date of conviction or, if the offender was 3
sentenced pursuant to NRS 484C.320 or 484C.330 and the 4
suspension of his or her sentence was revoked, within 6 months 5
after the date of revocation. Any time for which the offender is 6
confined must consist of not less than 24 consecutive hours. 7
4. Jail sentences simultaneously imposed pursuant to this 8
section and NRS 482.456, 483.560, 484C.410 or 485.330 must run 9
consecutively. 10
5. If the defendant was transporting a person who is less than 11
15 years of age in the motor vehicle at the time of the violation, the 12
court shall consider that fact as an aggravating factor in determining 13
the sentence of the defendant. 14
6. For the purpose of determining whether one offense occurs 15
within 7 years of another offense, any period of time between the 16
two offenses during which, for any such offense, the offender is 17
imprisoned, serving a term of residential confinement, placed under 18
the supervision of a treatment provider, on parole or on probation 19
must be excluded. 20
7. As used in this section, unless the context otherwise 21
requires, “offense” means: 22
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 23
(b) A homicide resulting from driving or being in actual 24
physical control of a vehicle while under the influence of 25
intoxicating liquor or a controlled substance or resulting from any 26
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 27
or 28
(c) A violation of a law of any other jurisdiction that prohibits 29
the same or similar conduct as set forth in paragraph (a) or (b). 30
Sec. 13. NRS 484C.410 is hereby amended to read as follows: 31
484C.410 1. Unless a greater penalty is provided in NRS 32
484C.440, a person who [has] : 33
(a) Has previously been convicted of: 34
[(a)] (1) A violation of NRS 484C.110 or 484C.120 that is 35
punishable as a felony pursuant to paragraph (c) of subsection 1 of 36
NRS 484C.400; 37
[(b)] (2) A violation of NRS 484C.430; 38
[(c)] (3) A homicide resulting from driving or being in actual 39
physical control of a vehicle while under the influence of 40
intoxicating liquor or a controlled substance or resulting from any 41
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 42
[(d)] (4) A violation of a law of any other jurisdiction that 43
prohibits the same or similar conduct as set forth in [paragraph (a), 44
(b)] subparagraph (1), (2) or [(c);] (3); or 45
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[(e)] (5) A violation of NRS 484C.110 or 484C.120 that is 1
punishable pursuant to paragraph (c) of subsection 1 of NRS 2
484C.400 that was reduced from a felony pursuant to NRS 3
484C.340 [,] ; or 4
(b) Is undergoing a program of treatment for an alcohol or 5
other substance use disorder pursuant to NRS 484C.340, 6
and who violates the provisions of NRS 484C.110 or 484C.120 is 7
guilty of a category B felony and shall be punished by imprisonment 8
in the state prison for a minimum term of not less than 2 years and a 9
maximum term of not more than 15 years, and shall be further 10
punished by a fine of not less than $2,000 nor more than $5,000. An 11
offender so imprisoned must, insofar as practicable, be segregated 12
from offenders whose crimes were violent and, insofar as 13
practicable, be assigned to an institution or facility of minimum 14
security. 15
2. An offense which is listed in [paragraphs (a)] 16
subparagraphs (1) to [(e),] (5), inclusive, of paragraph (a) of 17
subsection 1 that occurred on any date preceding the date of the 18
principal offense or after the principal offense constitutes a prior 19
offense for the purposes of this section when evidenced by a 20
conviction, without regard for the sequence of the offenses and 21
convictions. The facts concerning a prior offense must be alleged in 22
the complaint, indictment or information, must not be read to the 23
jury or proved at trial but must be proved at the time of sentencing 24
and, if the principal offense is alleged to be a felony, must also be 25
shown at the preliminary examination or presented to the grand jury. 26
3. A term of confinement imposed pursuant to the provisions 27
of this section may be served intermittently at the discretion of the 28
judge or justice of the peace, except that a person who is convicted 29
of a second or subsequent offense within 7 years must be confined 30
for at least one segment of not less than 48 consecutive hours. This 31
discretion must be exercised after considering all the circumstances 32
surrounding the offense, and the family and employment of the 33
offender, but any sentence of 30 days or less must be served within 34
6 months after the date of conviction or, if the offender was 35
sentenced pursuant to NRS 484C.320 or 484C.330 and the 36
suspension of offender’s sentence was revoked, within 6 months 37
after the date of revocation. Any time for which the offender is 38
confined must consist of not less than 24 consecutive hours. 39
4. Jail sentences simultaneously imposed pursuant to this 40
section and NRS 482.456, 483.560, 484C.400 or 485.330 must run 41
consecutively. 42
5. If the defendant was transporting a person who is less than 43
15 years of age in the motor vehicle at the time of the violation, the 44
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court shall consider that fact as an aggravating factor in determining 1
the sentence of the defendant. 2
6. For the purpose of determining whether one offense occurs 3
within 7 years of another offense, any period of time between the 4
two offenses during which, for any such offense, the offender is 5
imprisoned, serving a term of residential confinement, placed under 6
the supervision of a treatment provider, on parole or on probation 7
must be excluded. 8
7. As used in this section, unless the context otherwise 9
requires, “offense” means: 10
(a) A violation of NRS 484C.110, 484C.120 or 484C.430; 11
(b) A homicide resulting from driving or being in actual 12
physical control of a vehicle while under the influence of 13
intoxicating liquor or a controlled substance or resulting from any 14
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 15
or 16
(c) A violation of a law of any other jurisdiction that prohibits 17
the same or similar conduct as set forth in paragraph (a) or (b). 18
Sec. 14. (Deleted by amendment.) 19
Sec. 15. NRS 488.410 is hereby amended to read as follows: 20
488.410 1. It is unlawful for any person who: 21
(a) Is under the influence of intoxicating liquor; 22
(b) Has a concentration of alcohol of 0.08 or more in his or her 23
blood or breath; or 24
(c) Is found by measurement within 2 hours after operating or 25
being in actual physical control of a power-driven vessel or sailing 26
vessel under way to have a concentration of alcohol of 0.08 or more 27
in his or her blood or breath, 28
to operate or be in actual physical control of a power-driven 29
vessel or sailing vessel under way on the waters of this State. 30
2. It is unlawful for any person who: 31
(a) Is under the influence of a controlled substance; 32
(b) Is under the combined influence of intoxicating liquor and a 33
controlled substance; or 34
(c) Inhales, ingests, applies or otherwise uses any chemical, 35
poison or organic solvent, or any compound or combination of any 36
of these, to a degree which renders the person incapable of safely 37
operating or exercising actual physical control of a power-driven 38
vessel or sailing vessel under way, 39
to operate or be in actual physical control of a power-driven 40
vessel or sailing vessel under way on the waters of this State. 41
3. It is unlawful for any person to operate or be in actual 42
physical control of a power-driven vessel or sailing vessel under 43
way on the waters of this State with an amount of any of the 44
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following prohibited substances in his or her blood or urine that is 1
equal to or greater than: 2
3
Urine Blood 4
Nanograms per Nanograms per 5
Prohibited substance milliliter milliliter 6
7
(a) Amphetamine 500 100 8
(b) Cocaine 150 50 9
(c) Cocaine metabolite 150 50 10
(d) Fentanyl 10 1 11
[(d)] (e) Heroin 2,000 50 12
[(e)] (f) Heroin metabolite: 13
(1) Morphine 2,000 50 14
(2) 6-monoacetyl morphine 10 10 15
[(f)] (g) Lysergic acid diethylamide 25 10 16
[(g)] (h) Methamphetamine 500 100 17
[(h)] (i) Phencyclidine 25 10 18
19
4. For any violation that is punishable pursuant to NRS 20
488.427, it is unlawful for any person to operate or be in actual 21
physical control of a power-driven vessel or sailing vessel under 22
way on the waters of this State with an amount of any of the 23
following prohibited substances in his or her blood that is equal to 24
or greater than: 25
26
Blood 27
Nanograms per 28
Prohibited substance milliliter 29
30
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 31
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 32
33
5. If consumption is proven by a preponderance of the 34
evidence, it is an affirmative defense under paragraph (c) of 35
subsection 1 that the defendant consumed a sufficient quantity of 36
alcohol after operating or being in actual physical control of the 37
power-driven vessel or sailing vessel, as applicable, under way and 38
before his or her blood was tested, to cause the defendant to have a 39
concentration of 0.08 or more of alcohol in his or her blood or 40
breath. A defendant who intends to offer this defense at a trial 41
or preliminary hearing must, not less than 14 days before the trial or 42
hearing or at such other time as the court may direct, file and serve 43
on the prosecuting attorney a written notice of that intent. 44
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6. Except as otherwise provided in NRS 488.427, a person who 1
violates the provisions of this section is guilty of a misdemeanor. 2
Sec. 16. (Deleted by amendment.) 3
Sec. 17. (Deleted by amendment.) 4
Sec. 18. (Deleted by amendment.) 5
Sec. 19. (Deleted by amendment.) 6
Sec. 20. (Deleted by amendment.) 7
Sec. 21. (Deleted by amendment.) 8
Sec. 22. (Deleted by amendment.) 9
Sec. 23. (Deleted by amendment.) 10
Sec. 24. (Deleted by amendment.) 11
Sec. 25. (Deleted by amendment.) 12
Sec. 26. (Deleted by amendment.) 13
Sec. 27. (Deleted by amendment.) 14
Sec. 28. (Deleted by amendment.) 15
Sec. 29. (Deleted by amendment.) 16
Sec. 30. (Deleted by amendment.) 17
Sec. 31. (Deleted by amendment.) 18
Sec. 32. (Deleted by amendment.) 19
Sec. 33. (Deleted by amendment.) 20
Sec. 34. (Deleted by amendment.) 21
Sec. 35. (Deleted by amendment.) 22
Sec. 36. (Deleted by amendment.) 23
Sec. 37. (Deleted by amendment.) 24
Sec. 38. NRS 484C.040 is hereby repealed. 25
TEXT OF REPEALED SECTION
484C.040 “Concentration of alcohol of less than 0.18 in his
or her blood or breath” defined. “Concentration of alcohol of
less than 0.18 in his or her blood or breath” means less than 0.18
gram of alcohol per 100 milliliters of the blood of a person or per
210 liters of his or her breath.
H