S.B. 416
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SENATE BILL NO. 416–COMMITTEE ON
GROWTH AND INFRASTRUCTURE
(ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE
ON GROWTH AND INFRASTRUCTURE)
MARCH 20, 2025
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to the statewide sobriety
and drug monitoring program. (BDR 43-423)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; authorizing the Department of
Motor Vehicles to issue a 24/7 privilege to certain persons
assigned to the statewide sobriety and drug monitoring
program; eliminating the authority of the Department to
issue a restricted driver’s license to such persons;
clarifying certain requirements relating to the testing of
persons assigned to the program; providing that a person
assigned to the program may be subject to increased
monitoring, supervision, treatment or testing under certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law enacts the Nevada 24/7 Sobriety and Drug Monitoring Program 1
Act, which establishes a statewide sobriety and drug monitoring program that 2
provides for the frequent testing of persons assigned to the program to determine 3
the presence of alcohol or a prohibited substance in their system. (NRS 484C.372-4
484C.397) Among other requirements, existing law requires a person assigned to 5
the program to submit to testing to determine the presence of alcohol in his or her 6
system: (1) at a designated testing location at least twice each day; or (2) using any 7
other method approved under federal regulations. (NRS 484C.392) Section 4 of 8
this bill makes a technical correction to provide that the applicable definition of 9
“testing” includes other approved methods set forth in the federal definition. 10
Section 6 of this bill likewise makes a technical correction to provide that a 11
designated law enforcement agency is not required to establish testing locations if 12
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the testing method specified in the guidelines of a political subdivision do not 13
require testing at a physical location. 14
Existing law makes a person assigned to the program eligible for a restricted 15
driver’s license, which: (1) is valid while the person is a participant in the program; 16
and (2) permits the person to drive to and from a testing location, work, court 17
appearances and certain other locations. (NRS 483.490, 484C.392) Section 5 of this 18
bill instead makes a person assigned to the program eligible for a 24/7 privilege 19
while the person is participating in and complying with the requirements of the 20
program. Section 1 of this bill requires the Department of Motor Vehicles to issue a 21
24/7 privilege to a person assigned to the program upon receiving certain notice 22
from the court. A 24/7 privilege issued by the Department pursuant to section 1 23
permits a person to drive while the person is participating in and complying with 24
the requirements of the program without the same limitations as were previously 25
imposed under a restricted driver’s license. A 24/7 privilege thereby permits a 26
person to drive freely to any destination of their choosing, provided the person 27
continues to participate in and comply with the requirements of the program. 28
Sections 2 and 3 of this bill define the term “24/7 privilege” for the purpose of the 29
Act. Sections 1, 5, 7 and 8 of this bill make conforming changes by replacing the 30
term “restricted driver’s license” with the term “24/7 privilege.” 31
Existing law requires a person assigned to the program to be subject to 32
sanctions for: (1) using alcohol or a prohibited substance while assigned to the 33
program; or (2) failing or refusing to undergo required testing. Under existing law, 34
such sanctions include, without limitation, incarceration. (NRS 484C.392) Section 35
5 expands the list of authorized sanctions to include increased monitoring, 36
supervision, treatment or testing. 37
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.490 is hereby amended to read as follows: 1
483.490 1. Except as otherwise provided in this section, after 2
a driver’s license has been suspended or revoked and one-half of the 3
period during which the driver is not eligible for a license has 4
expired, the Department may, unless the statute authorizing the 5
suspension or revocation prohibits the issuance of a restricted 6
license, issue a restricted driver’s license to an applicant permitting 7
the applicant to drive a motor vehicle: 8
(a) To and from work or in the course of his or her work, or 9
both; or 10
(b) To acquire supplies of medicine or food or receive regularly 11
scheduled medical care for himself, herself or a member of his or 12
her immediate family. 13
Before a restricted license may be issued, the applicant must 14
submit sufficient documentary evidence to satisfy the Department 15
that a severe hardship exists because the applicant has no alternative 16
means of transportation and that the severe hardship outweighs the 17
risk to the public if the applicant is issued a restricted license. 18
2. [If the driver’s license of a person assigned to a program 19
established pursuant to NRS 484C.392 is suspended or revoked, the 20
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Department may issue a restricted driver’s license to an applicant 1
that is valid while he or she is participating in and complying with 2
the requirements of the program and that permits the applicant to 3
drive a motor vehicle: 4
(a) To and from a testing location established by a designated 5
law enforcement agency pursuant to NRS 484C.393; 6
(b) If applicable, to and from work or in the course of his or her 7
work, or both; 8
(c) To and from court appearances; 9
(d) To and from counseling; or 10
(e) To receive regularly scheduled medical care for himself or 11
herself. 12
3.] Except as otherwise provided in NRS 62E.630, after a 13
driver’s license has been revoked or suspended pursuant to title 5 of 14
NRS or NRS 392.148, the Department may issue a restricted 15
driver’s license to an applicant permitting the applicant to drive a 16
motor vehicle: 17
(a) If applicable, to and from work or in the course of his or her 18
work, or both; or 19
(b) If applicable, to and from school. 20
[4.] 3. After a driver’s license has been suspended pursuant to 21
NRS 483.443, the Department may issue a restricted driver’s license 22
to an applicant permitting the applicant to drive a motor vehicle: 23
(a) If applicable, to and from work or in the course of his or her 24
work, or both; 25
(b) To receive regularly scheduled medical care for himself, 26
herself or a member of his or her immediate family; or 27
(c) If applicable, as necessary to exercise a court-ordered right to 28
visit a child. 29
[5.] 4. A driver who violates a condition of a restricted license 30
issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and, 31
if the license of the driver was suspended or revoked for: 32
(a) A violation of NRS 484C.110, 484C.210 or 484C.430; 33
(b) A homicide resulting from driving or being in actual 34
physical control of a vehicle while under the influence of 35
intoxicating liquor or a controlled substance or resulting from any 36
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 37
or 38
(c) A violation of a law of any other jurisdiction that prohibits 39
the same or similar conduct as set forth in paragraph (a) or (b), 40
the driver shall be punished in the manner provided pursuant to 41
subsection 2 of NRS 483.560. 42
[6.] 5. The periods of suspensions and revocations required 43
pursuant to this chapter and NRS 484C.210 must run consecutively, 44
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except as otherwise provided in NRS 483.465 and 483.475, when 1
the suspensions must run concurrently. 2
[7.] 6. Whenever the Department suspends or revokes a 3
license, the period of suspension, or of ineligibility for a license 4
after the revocation, begins upon the effective date of the revocation 5
or suspension as contained in the notice thereof. 6
[8.] 7. Any person for whom a court provides an exception 7
relating to the installation of an ignition interlock device pursuant to 8
subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is 9
eligible for a [restricted driver’s license] 24/7 privilege under this 10
section while the person is participating in and complying with the 11
requirements of a program established pursuant to NRS 484C.392. 12
[9.] 8. If the Department receives a copy of an order requiring a 13
person to install an ignition interlock device in a motor vehicle 14
pursuant to NRS 484C.460, the Department shall issue an ignition 15
interlock privilege to the person after he or she submits proof of 16
compliance with the order. A person who is required to install an 17
ignition interlock device pursuant to NRS 484C.210 or 484C.460 18
shall install the device not later than 14 days after the date on which 19
the order was issued. A driver who violates any condition of an 20
ignition interlock privilege issued pursuant to this subsection is 21
guilty of a misdemeanor and shall be punished in the same manner 22
provided in subsection 2 of NRS 483.560 for driving a vehicle while 23
a driver’s license is cancelled, revoked or suspended. 24
9. Upon receiving notice that a person is eligible for a 24/7 25
privilege pursuant to subsection 6 of NRS 484C.394, the 26
Department shall, in accordance with any regulations adopted by 27
the Department pursuant to subsection 7 of NRS 484C.394, issue a 28
24/7 privilege to the person. A 24/7 privilege is valid while the 29
person is participating in and complying with the requirements of 30
a program established pursuant to NRS 484C.392. 31
Sec. 2. Chapter 484C of NRS is hereby amended by adding 32
thereto a new section to read as follows: 33
“24/7 privilege” means a license issued by the Department 34
pursuant to subsection 9 of NRS 483.490 which authorizes the 35
holder to operate a motor vehicle while assigned to the program. 36
Sec. 3. NRS 484C.374 is hereby amended to read as follows: 37
484C.374 As used in NRS 484C.372 to 484C.397, inclusive, 38
and section 2 of this act, unless the context otherwise requires, the 39
words and terms defined in NRS 484C.376 to 484C.390, inclusive, 40
and section 2 of this act have the meanings ascribed to them in 41
those sections. 42
Sec. 4. NRS 484C.388 is hereby amended to read as follows: 43
484C.388 “Testing” means any [procedure] : 44
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1. Procedure approved by the Committee on Testing for 1
Intoxication for determining the concentration of alcohol or the 2
amount of a prohibited substance in a person’s system that is 3
provided for in the applicable guidelines adopted pursuant to NRS 4
484C.396 [.] ; or 5
2. Other approved method for determining the concentration 6
of alcohol or the amount of a prohibited substance in a person’s 7
system set forth in the federal definition of “24-7 sobriety 8
program” in 23 C.F.R. § 1300.23(b). 9
Sec. 5. NRS 484C.392 is hereby amended to read as follows: 10
484C.392 1. There is hereby established a statewide sobriety 11
and drug monitoring program in which any political subdivision in 12
this State may elect to participate. 13
2. The program established pursuant to subsection 1 must meet 14
the federal definition of “24-7 sobriety program” in 23 C.F.R. § 15
1300.23(b). 16
3. Any person who is assigned to the program: 17
(a) Must abstain from alcohol and prohibited substances while 18
assigned to the program. 19
(b) Must be subject to: 20
(1) Testing to determine the presence of alcohol in his or her 21
system: 22
(I) At least twice each day at a testing location established 23
by a designated law enforcement agency pursuant to NRS 24
484C.393; or 25
(II) By using any other approved method set forth in the 26
federal definition of “24-7 sobriety program” in 23 C.F.R. § 27
1300.23(b). 28
(2) If appropriate, random testing to determine the presence 29
of a prohibited substance in his or her system at least two times each 30
week, using any approved method set forth in the federal definition 31
of “24-7 sobriety program” in 23 C.F.R. § 1300.23(b). 32
(c) Must be subject to lawful and consistent sanctions for using 33
alcohol or a prohibited substance while assigned to the program or 34
for failing or refusing to undergo required testing, including, without 35
limitation, increased monitoring, supervision, treatment or testing 36
and incarceration. Any such sanction must be an immediate 37
sanction or, if the approved testing method being used pursuant to 38
paragraph (b) does not allow for the imposition of an immediate 39
sanction, a timely sanction. 40
(d) Is eligible for a [restricted driver’s license] 24/7 privilege 41
issued pursuant to subsection [2] 9 of NRS 483.490 while 42
participating in and complying with the requirements of the program 43
if the driver’s license of the person is suspended or revoked. 44
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Sec. 6. NRS 484C.393 is hereby amended to read as follows: 1
484C.393 If a political subdivision elects to participate in the 2
program: 3
1. The Department of Public Safety may assist the political 4
subdivision in the establishment and administration of the program 5
in the manner provided in NRS 484C.372 to 484C.397, inclusive, 6
and section 2 of this act and in determining alternatives to 7
incarceration. 8
2. The political subdivision shall designate a law enforcement 9
agency to enforce the program. 10
3. A designated law enforcement agency [: 11
(a) May] may designate an entity to provide testing services or 12
to take any other action required or authorized to be provided by the 13
law enforcement agency pursuant to NRS 484C.372 to 484C.397, 14
inclusive, and section 2 of this act, but such a designated entity may 15
not determine whether to participate in the program. 16
[(b) Shall] 17
4. If the testing method specified in the guidelines adopted by 18
the political subdivision under NRS 484C.396 requires testing at a 19
testing location established by the designated law enforcement 20
agency, the designated law enforcement agency must establish one 21
or more testing locations . [that] Any such location must provide at 22
least two available testing times each day. If only two testing times 23
are made available, the testing times must be approximately 12 24
hours apart. 25
Sec. 7. NRS 484C.394 is hereby amended to read as follows: 26
484C.394 1. A court may, as a condition of pretrial release, a 27
sentence, a suspension of sentence or probation, assign an offender 28
who is arrested for or found guilty of, as applicable, a violation of 29
NRS 484C.110 or 484C.120 that is punishable pursuant to 30
paragraph (a), (b) or (c) of subsection 1 of NRS 484C.400 to the 31
program established pursuant to NRS 484C.392. 32
2. If the court assigns an offender to the program who is found 33
guilty of a violation of NRS 484C.110 or 484C.120 that is 34
punishable pursuant to paragraph (a) of subsection 1 of NRS 35
484C.400, the court: 36
(a) Shall immediately sentence the offender in accordance with 37
NRS 484C.400 and enter judgment accordingly. 38
(b) Shall suspend the sentence of the offender upon the 39
condition that the offender participate in the program for not less 40
than 90 days. 41
(c) Shall advise the offender that: 42
(1) If the offender fails to participate in the program for the 43
period determined by the court or fails to comply with the 44
requirements of the program, the court will require the offender to 45
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serve the sentence imposed by the court. The sentence of 1
imprisonment must be reduced by a time equal to that which the 2
offender served before participating in the program. 3
(2) If the offender participates in the program for the period 4
determined by the court and complies with the requirements of the 5
program, the sentencing conditions, including, without limitation, 6
the mandatory period of imprisonment or community service, will 7
be reduced, but the conviction must remain on the record of criminal 8
history of the offender for the period prescribed by law. 9
(3) The offender is eligible for a [restricted driver’s license] 10
24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 11
while participating in and complying with the requirements of the 12
program. 13
(d) May immediately revoke the suspension of sentence for a 14
violation of a condition of suspension. 15
3. If the court assigns an offender to the program who is found 16
guilty of a violation of NRS 484C.110 or 484C.120 that is 17
punishable pursuant to paragraph (b) of subsection 1 of NRS 18
484C.400, the court: 19
(a) Shall immediately sentence the offender in accordance with 20
NRS 484C.400 and enter judgment accordingly. 21
(b) Shall suspend the sentence of the offender upon the 22
condition that the offender participate in the program for not less 23
than 1 year and require that the offender [receive] : 24
(1) Receive an assessment of whether the offender has a 25
mental illness or an alcohol or other substance use disorder ; and 26
(2) Complete any appropriate treatment. 27
(c) Shall advise the offender that: 28
(1) If the offender fails to participate in the program for the 29
period determined by the court or fails to comply with the 30
requirements of the program, the court will require the offender to 31
serve the sentence imposed by the court. The sentence of 32
imprisonment must be reduced by a time equal to that which the 33
offender served before participating in the program. 34
(2) Except as otherwise provided in subparagraph (2) of 35
paragraph (c) of subsection 4, if the offender participates in the 36
program for the period determined by the court and complies with 37
the requirements of the program, the offender’s sentence will be 38
reduced, but the minimum mandatory term of imprisonment must 39
not be less than 5 days, and the conviction must remain on the 40
record of criminal history of the offender for the period prescribed 41
by law. 42
(3) The offender is eligible for a [restricted driver’s license] 43
24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 44
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while participating in and complying with the requirements of the 1
program. 2
(d) Shall not defer the sentence, set aside the conviction or 3
impose conditions upon participation in the program except as 4
otherwise provided in this section. 5
(e) May immediately revoke the suspension of sentence for a 6
violation of a condition of the suspension. 7
4. If the court assigns an offender to the program who is found 8
guilty of a violation of NRS 484C.110 or 484C.120 that is 9
punishable pursuant to paragraph (c) of subsection 1 of NRS 10
484C.400, the court: 11
(a) Shall immediately, without entering a judgment of 12
conviction and with the consent of the offender, suspend further 13
proceedings and place the offender on probation. 14
(b) Shall order the offender to participate in the program for not 15
less than 18 months and require that the offender [receive] : 16
(1) Receive an assessment of whether the offender has a 17
mental illness or an alcohol or other substance use disorder ; and 18
(2) Complete any appropriate treatment. 19
(c) Shall advise the offender that: 20
(1) The court will enter a judgment of conviction for a 21
violation of paragraph (c) of subsection 1 of NRS 484C.400 if the 22
offender fails to participate in the program for the period determined 23
by the court or fails to comply with the requirements of the program. 24
Any sentence of imprisonment may be reduced by a time equal to 25
that which the offender served before participating in the program. 26
(2) If the offender participates in the program for the period 27
determined by the court and complies with the requirements of the 28
program, the court will enter a judgment of conviction for a 29
violation of paragraph (b) of subsection 1 of NRS 484C.400 and 30
sentence the offender accordingly, but the minimum mandatory term 31
of imprisonment must not be less than [10] 5 days, and the 32
conviction must remain on the record of criminal history of the 33
offender for the period prescribed by law. 34
(3) The provisions of NRS 483.460 requiring the revocation 35
of the license, permit or privilege of the offender to drive do not 36
apply and the offender is eligible for a [restricted driver’s license] 37
24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 38
while participating in and complying with the requirements of the 39
program. 40
(d) Shall not defer the sentence or set aside the conviction upon 41
participation in the program, except as otherwise provided in this 42
section. 43
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(e) May enter a judgment of conviction and proceed as provided 1
in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of 2
a condition ordered by the court. 3
5. If the court assigns an offender to the program as a condition 4
of pretrial release after his or her arrest for a violation of NRS 5
484C.110 or 484C.120 that is punishable pursuant to [paragraph (a) 6
of subsection 1 of] NRS 484C.400, the court shall advise the 7
offender that: 8
(a) If the offender fails to participate in the program, the court 9
may remand the offender to custody and require bond or other 10
conditions. 11
(b) The offender is eligible for a [restricted driver’s license] 24/7 12
privilege issued pursuant to subsection [2] 9 of NRS 483.490 while 13
participating in and complying with the requirements of the 14
program. 15
6. If a court assigns a person to the program pursuant to this 16
section, the court shall notify the Department of Motor Vehicles that 17
as a participant in the program, the person is eligible for a [restricted 18
driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 19
of NRS 483.490. If the person fails to comply with the requirements 20
of the program, the court [may] shall notify the Department of 21
Motor Vehicles of the person’s noncompliance and direct the 22
Department of Motor Vehicles to revoke the [restricted license.] 23
24/7 privilege. 24
7. The Department of Motor Vehicles may adopt any 25
regulations necessary to provide for the issuance of a [restricted 26
driver’s license] 24/7 privilege to a person assigned to the program. 27
8. As used in this section, “imprisonment” means confinement 28
in jail or an inpatient rehabilitation or treatment center or other 29
facility or under house arrest with electronic monitoring, provided 30
the person under confinement or house arrest is in fact being 31
detained. 32
Sec. 8. 1. The Legislative Counsel shall, in preparing 33
supplements to the Nevada Administrative Code, substitute 34
appropriately the term “24/7 privilege” for the term “restricted 35
license” or “restricted driver’s license” as previously used in 36
reference to the type of license the Department of Motor Vehicles is 37
authorized to issue to a person assigned to the program. 38
2. As used in this section, “program” has the meaning ascribed 39
to it in NRS 484C.385. 40
H