2021 Session (81st) A AB400 R Senate Amendment to Assembly Bill No. 400 First Reprint (BDR )

(1)

KMN/NCA

-

Date: 5/21/2021 A.B. No. 400—Revises provisions relating to prohibited acts concerning the use of

marijuana. (BDR 43-485)

Page 1 of 27

A_AB400_R1_722

Amendment No. 722

Senate Amendment to Assembly Bill No. 400 First Reprint (BDR 43-485) Proposed by: Senate Committee on Judiciary

Amendment Box: Replaces Amendment No. 666.

Amends: Summary: Yes Title: Yes Preamble: No Joint Sponsorship: No Digest: Yes

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

EXPLANATION: Matter in (1) blue bold italics is new language in the original bill; (2) variations of green bold underlining is language proposed to be added in this amendment; (3) red strikethrough is deleted language in the original bill; (4)

(2)

(3)

ASSEMBLY BILL NO.400–COMMITTEE ON JUDICIARY MARCH 25,2021

_______________

Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to prohibited acts concerning the use of marijuana [.] and certain other controlled substances. (BDR 43-485)

FISCAL NOTE: Effect on Local Government: No. Effect on the State: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to public safety; revising provisions relating to prohibited acts concerning the use of marijuana [;] and certain other controlled substances; establishing provisions relating to administrative suspensions of commercial drivers’ licenses, permits and driving privileges; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits a person from driving or being in actual physical control of a 1

vehicle [or commercial motor vehicle] on a highway or on premises to which the public has 2

access or operating or being in actual physical control of a vessel under power or sail on the 3

waters of this State if the person: (1) is under the influence of intoxicating liquor or a 4

controlled substance; (2) has specified amounts of certain prohibited substances in his or her 5

blood or urine; or (3) has specified amounts of marijuana or marijuana metabolite in his or her 6

blood. (NRS 484C.110, [484C.120,] 488.410) [Sections 1, 2]For the purposes of any such

7

offense punishable as a misdemeanor, sections 1.7 and 6 of this bill remove the prohibition 8

against such a person having specified amounts of marijuana or marijuana metabolite in his or 9

her blood, thereby providing that a person who uses marijuana is subject to the general 10

prohibition against driving or being in actual physical control of a vehicle [or commercial 11

motor vehicle] on a highway or on premises to which the public has access or operating or 12

being in actual physical control of a vessel under power or sail on the waters of this State if 13

the person is under the influence of a controlled substance. [Sections 3-5 and 7-16 of this bill 14

make conforming changes to remove references in the Nevada Revised Statutes to marijuana

15

or marijuana metabolite in a person’s blood.

16

Existing law prohibits a child who is taken into custody or a person who is arrested for

17

violating a temporary or extended order for protection against domestic violence, stalking,

18

aggravated stalking, harassment or sexual assault from being released from custody or

19

admitted to bail, as applicable, sooner than 12 hours after being taken into custody or arrested

20

in certain circumstances, including if the child or person has, at the time of or within 2 hours

21

after the violation, an amount of marijuana or marijuana metabolite in his or her system that is

22

equal to or greater than the amount that prohibits a person from driving or being in actual

23

physical control of a vehicle on a highway or on premises to which the public has access.

24

(NRS 62C.020, 178.484) Under the conforming changes made in sections 11 and 14 of this

25

bill, respectively, a child who is taken into custody or a person who is arrested for violating

(4)

any such order for protection and is under the influence of marijuana is no longer subject to

27

such a prohibition.] Thus, sections 1.7 and 6 provide that the specified amounts of

28

marijuana or marijuana metabolite apply to those circumstances where the violation is

29

punishable as a felony.

30

Existing law provides that in certain circumstances compensation is not payable to 31

employees in this State for an injury that occurred while an employee was under the influence 32

of a controlled or prohibited substance unless the employee can prove that being under the 33

influence of a controlled or prohibited substance was not the proximate cause of the injury. 34

Existing law specifies that an employee is under the influence of a controlled or prohibited 35

substance for the purpose of such a provision when the employee has an amount of certain 36

prohibited substances, including marijuana or marijuana metabolite, in his or her system that 37

is equal to or greater than the amount that prohibits a person from driving or being in actual 38

physical control of a vehicle on a highway or on premises to which the public has access and 39

for which the employee does not have a current and lawful prescription. (NRS 616C.230) 40

Section 17 of this bill retains the amounts of such prohibited substances that are currently set 41

forth in existing law for the purpose of determining whether an employee is under the 42

influence of a prohibited substance, but removes the specified amount of marijuana 43

metabolite. 44

Existing law also prohibits a person from driving or being in actual physical control

45

of a commercial motor vehicle on a highway or on premises to which the public has

46

access if the person: (1) is under the influence of intoxicating liquor or a controlled

47

substance; (2) has specified amounts of certain prohibited substances in his or her blood

48

or urine; or (3) has specified amounts of marijuana or marijuana metabolite in his or

49

her blood. (NRS 484C.120) Section 2 of this bill prohibits a person from driving or being

50

in control of a commercial motor vehicle if there is any prohibited substance, as defined

51

by 21 C.F.R. 1308.11, including, without limitation, marijuana, in the blood or urine of

52

the person.

53

Existing law provides that if certain tests show that a person less than 21 years of

54

age had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood

55

or breath at the time of the test, the person’s driver’s license, permit or privilege to drive

56

must be suspended for 90 days. (NRS 483.461) Section 1 of this bill establishes similar

57

provisions relating to commercial motor vehicles. Specifically, section 1 provides that if

58

certain tests show that a person 18 years of age or older had a concentration of alcohol of

59

0.04 or more but less than 0.08 in his or her blood or breath at the time of the test, or the

60

person had any detectable amount of a schedule I controlled substance in his or her

61

blood or urine at the time of the test, the person’s commercial driver’s license,

62

commercial learner’s permit or privilege to drive a commercial motor vehicle must be

63

suspended for 1 year. Sections 1.1-1.3 and 17.5 of this bill make conforming changes

64

relating to such suspensions.

65

Existing law prohibits a person from driving a commercial motor vehicle at any time

66

when the driving privilege of the person is subject to disqualification and directs the

67

Department of Motor Vehicles, upon receipt of notice of a disqualification, to: (1)

68

suspend the privilege of the person to drive a commercial motor vehicle; and (2) charge

69

the person a civil penalty. (NRS 483.924, 483.939) Sections 1.4 and 1.5 of this bill

70

expressly provide that the disqualifying conduct includes disqualifications described by

71

certain federal regulations.

72

Existing federal regulations prohibit an employer from allowing, requiring,

73

permitting or authorizing a driver to operate a commercial motor vehicle if the

74

employer should have reasonably known that certain circumstances exist, including, a

75

violation of an out-of-service order. (49 C.F.R. § 383.37) Existing state law authorizes the

76

Department to impose a civil penalty against an employer who should have reasonably

77

known that there was a violation of an out-of-service declaration. (NRS 483.939) Section

78

1.6 expands the circumstances under which the Department may impose the civil penalty

79

on the employer to all the circumstances described in the federal regulation. Section 2

80

authorizes the imposition of the civil penalty described in section 1.6 on a person who

81

commits certain unlawful acts relating to driving or being in actual physical control of a

82

commercial motor vehicle on a highway or on a premises to which the public has access.

(5)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 483 of NRS is hereby amended by adding thereto a 1

new section to read as follows: 2

1. If the result of a test given pursuant to NRS 484C.150 or 484C.160 shows 3

that a person 18 years of age or older had a concentration of alcohol of 0.04 or 4

more but less than 0.08 in his or her blood or breath or any detectable amount of 5

a substance described in 21 C.F.R. 1308.11 in his or her blood or urine at the 6

time of the test, the person’s commercial driver’s license, commercial learner’s 7

permit or privilege to drive a commercial motor vehicle must be suspended for a 8

period of 1 year. 9

2. This section does not preclude: 10

(a) The prosecution of a person for a violation of any other provision of law; 11

or 12

(b) The suspension or revocation of a person’s commercial driver’s license, 13

commercial learner’s permit or privilege to drive a commercial motor vehicle 14

pursuant to any other provision of law. 15

Sec. 1.1. NRS 483.461 is hereby amended to read as follows:

16

483.461 1. If the result of a test given pursuant to NRS 484C.150 or 17

484C.160 shows that a person less than 21 years of age had a concentration of 18

alcohol of 0.02 or more but less than 0.08 in his or her blood or breath at the time of 19

the test, the person’s license, permit or privilege to drive must be suspended for a 20

period of 90 days. 21

2. If a revocation or suspension of a person’s license, permit or privilege to 22

drive for a violation of NRS 62E.640, [484C.110,] 484C.120, 484C.130 or 23

484C.430 follows a suspension ordered pursuant to subsection 1, the Department 24

shall: 25

(a) Cancel the suspension ordered pursuant to subsection 1; and 26

(b) Give the person credit toward the period of revocation or suspension 27

ordered pursuant to NRS 62E.640, [484C.110,] 484C.120, 484C.130 or 484C.430, 28

whichever is applicable, for any period during which the person’s license, permit or 29

privilege to drive was suspended pursuant to subsection 1. 30

3. This section does not preclude: 31

(a) The prosecution of a person for a violation of any other provision of law; or 32

(b) The suspension or revocation of a person’s license, permit or privilege to 33

drive pursuant to any other provision of law. 34

35

483.900 The purposes of NRS 483.900 to 483.940, inclusive, and section 1 of 36

this act are to implement the Commercial Motor Vehicle Safety Act of 1986, as 37

amended, 49 U.S.C. chapter 313 (§§ 31301 et seq.), and reduce or prevent 38

commercial motor vehicle crashes, fatalities and injuries by: 39

1. Permitting drivers of commercial motor vehicles to hold only one license; 40

2. Providing for the disqualification of drivers of commercial motor vehicles 41

who have committed certain serious traffic violations or other specified offenses; 42

3. Strengthening the licensing and testing standards for drivers of commercial 43

motor vehicles; and 44

4. Ensuring that drivers of commercial motor vehicles carrying hazardous 45

materials are qualified to operate a commercial motor vehicle in accordance with all 46

regulations pertaining to the transportation of hazardous materials and have the 47

skills and knowledge necessary to respond appropriately to any emergency arising 48

(6)

Sec. 1.3. NRS 483.902 is hereby amended to read as follows: 1

483.902 The provisions of NRS 483.900 to 483.940, inclusive, and section 1 2

of this act apply only with respect to commercial drivers’ licenses. 3

4

483.904 As used in NRS 483.900 to 483.940, inclusive, and section 1 of this 5

act, unless the context otherwise requires: 6

1. “Commercial driver’s license” means a license issued to a person which 7

authorizes the person to drive a class or type of commercial motor vehicle. 8

2. “Commercial Driver’s License Information System” means the information 9

system maintained by the Secretary of Transportation pursuant to 49 U.S.C. § 10

31309 to serve as a clearinghouse for locating information relating to the licensing, 11

identification and disqualification of operators of commercial motor vehicles. 12

[3. “Out-of-service order” means a temporary prohibition against: 13

(a) A person operating a commercial motor vehicle as such a prohibition is

14

described in 49 C.F.R. § 395.13; or

15

(b) The operation of a commercial motor vehicle as such a prohibition is

16

described in 49 C.F.R. § 396.9(c).]

17

18

483.924 A person shall not drive a commercial motor vehicle on the 19

highways of this State: 20

1. Unless the person has been issued and has in his or her immediate 21

possession a: 22

(a) Commercial driver’s license with applicable endorsements valid for the 23

vehicle the person is driving issued by this State or by any other jurisdiction in 24

accordance with the minimum federal standards for the issuance of a commercial 25

driver’s license; or 26

(b) Valid learner’s permit for the operation of a commercial motor vehicle and 27

is accompanied by the holder of a commercial driver’s license valid for the vehicle 28

being driven. 29

2. At any time while the person’s driving privilege is suspended, revoked or 30

cancelled, or while subject to a disqualification, including, without limitation, a 31

disqualification for [violating an out-of-service order that is imposed pursuant to] 32

any conduct described in 49 C.F.R. § [383.51(e).] 383.51. 33

34

483.939 1. If the Department receives notice that a person who holds a 35

commercial driver’s license has been convicted of driving a commercial motor 36

vehicle in violation of [an out-of-service declaration, as] the prohibitions described 37

in 49 C.F.R. § 395.13, the Department shall: 38

(a) Suspend the privilege of the person to operate a commercial motor vehicle 39

for the period set forth in 49 C.F.R. § [383.51(e);] 383.51; and 40

(b) In addition to any other applicable fees and penalties that must be paid to 41

reinstate the commercial driver’s license after suspension, impose against the 42

person a civil penalty in the amount set forth in 49 C.F.R. § 383.53(b)(1). 43

2. If the Department receives notice that the employer of a person who holds 44

a commercial driver’s license has been convicted of a violation of 49 C.F.R. § 45

[383.37(c)] 383.37 for knowingly allowing, requiring, permitting or authorizing the 46

person to operate a commercial motor vehicle during any period in which the 47

person or the commercial motor vehicle is subject to [an out-of-service order,] the 48

circumstances described in 49 C.F.R. § 383.37, the Department shall impose 49

against the employer a civil penalty in the amount set forth in 49 C.F.R. § 50

(7)

3. All money collected by the Department pursuant to paragraph (b) of 1

subsection 1 or subsection 2 must be deposited in the State Treasury for credit to 2

the Motor Vehicle Fund. 3

4. The Department shall adopt regulations to carry out the provisions of this 4

section. 5

[Section 1.] Sec. 1.7. NRS 484C.110 is hereby amended to read as 6

follows: 7

484C.110 1. It is unlawful for any person who: 8

(a) Is under the influence of intoxicating liquor; 9

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; 10

or 11

(c) Is found by measurement within 2 hours after driving or being in actual 12

physical control of a vehicle to have a concentration of alcohol of 0.08 or more in 13

his or her blood or breath, 14

 to drive or be in actual physical control of a vehicle on a highway or on premises 15

to which the public has access. 16

2. It is unlawful for any person who: 17

(a) Is under the influence of a controlled substance; 18

(b) Is under the combined influence of intoxicating liquor and a controlled 19

substance; or 20

(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic 21

solvent, or any compound or combination of any of these, to a degree which renders 22

the person incapable of safely driving or exercising actual physical control of a 23

vehicle, 24

 to drive or be in actual physical control of a vehicle on a highway or on premises 25

to which the public has access. The fact that any person charged with a violation of 26

this subsection is or has been entitled to use that drug under the laws of this State is 27

not a defense against any charge of violating this subsection. 28

3. It is unlawful for any person to drive or be in actual physical control of a 29

vehicle on a highway or on premises to which the public has access with an amount 30

of any of the following prohibited substances in his or her blood or urine that is 31

equal to or greater than: 32 33 Urine Blood 34 Nanograms Nanograms 35

Prohibited substance per milliliter per milliliter

36 37 (a) Amphetamine 500 100 38 (b) Cocaine 150 50 39 (c) Cocaine metabolite 150 50 40 (d) Heroin 2,000 50 41

(e) Heroin metabolite: 42

(1) Morphine 2,000 50

43

(2) 6-monoacetyl morphine 10 10

44

(f) Lysergic acid diethylamide 25 10

45 (g) Methamphetamine 500 100 46 (h) Phencyclidine 25 10 47 48

4. [It] For any violation that is punishable pursuant to paragraph (c) of 49

subsection 1 of NRS 484C.400, it is unlawful for any person to drive or be in actual 50

physical control of a vehicle on a highway or on premises to which the public has 51

access with an amount of any of the following prohibited substances in his or her 52

(8)

Blood 1

Nanograms 2

Prohibited substance per milliliter

3 4

(a) Marijuana (delta-9-tetrahydrocannabinol) 2

5

(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 6

7

5. If consumption is proven by a preponderance of the evidence, it is an 8

affirmative defense under paragraph (c) of subsection 1 that the defendant 9

consumed a sufficient quantity of alcohol after driving or being in actual physical 10

control of the vehicle, and before his or her blood or breath was tested, to cause the 11

defendant to have a concentration of alcohol of 0.08 or more in his or her blood or 12

breath. A defendant who intends to offer this defense at a trial or preliminary 13

hearing must, not less than 14 days before the trial or hearing or at such other time 14

as the court may direct, file and serve on the prosecuting attorney a written notice 15

of that intent. 16

6. [5.] A person who violates any provision of this section may be subject to 17

any additional penalty set forth in NRS 484B.130 or 484B.135. 18

Sec. 2. NRS 484C.120 is hereby amended to read as follows: 19

484C.120 1. It is unlawful for any person who: 20

(b) Has a concentration of alcohol of 0.04 or more but less than 0.08 in his or 22

her blood or breath; or 23

(c) Is found by measurement within 2 hours after driving or being in actual 24

physical control of a commercial motor vehicle to have a concentration of alcohol 25

of 0.04 or more but less than 0.08 in his or her blood or breath, 26

 to drive or be in actual physical control of a commercial motor vehicle on a 27

highway or on premises to which the public has access. 28

substance; or 32

the person incapable of safely driving or exercising actual physical control of a 35

commercial motor vehicle, 36

 to drive or be in actual physical control of a commercial motor vehicle on a 37

highway or on premises to which the public has access. The fact that any person 38

charged with a violation of this subsection is or has been entitled to use that drug 39

under the laws of this State is not a defense against any charge of violating this 40

subsection. 41

3. It is unlawful for any person to drive or be in actual physical control of a 42

commercial motor vehicle on a highway or on premises to which the public has 43

access with [an amount of] any [of the following] prohibited [substances] 44

substance in his or her blood or urine . [that is equal to or greater than: 45 46 Urine Blood 47 Nanograms Nanograms 48

Prohibited substance per milliliter per milliliter

(9)

(d) Heroin 2,000 50

1

(e) Heroin metabolite:

2

(1) Morphine 2,000 50

3

4

5

(g) Methamphetamine 500 100

6

(h) Phencyclidine 25 10]

7

As used in this subsection, “prohibited substance” means any substance 8

described in 21 C.F.R. 1308.11. 9

10

4. [It is unlawful for any person to drive or be in actual physical control of a

11

commercial motor vehicle on a highway or on premises to which the public has 12

access with an amount of any of the following prohibited substances in his or her 13

blood that is equal to or greater than: 14 15 Blood 16 Nanograms 17

Prohibited substance per milliliter

18 19

20

22

5.] If consumption is proven by a preponderance of the evidence, it is an 23

consumed a sufficient quantity of alcohol after driving or being in actual physical 25

control of the commercial motor vehicle, and before his or her blood or breath was 26

tested, to cause the defendant to have a concentration of alcohol of 0.04 or more in 27

his or her blood or breath. A defendant who intends to offer this defense at a trial or 28

preliminary hearing must, not less than 14 days before the trial or hearing or at such 29

other time as the court may direct, file and serve on the prosecuting attorney a 30

written notice of that intent. 31

[6.] 5. A person who violates any provision of this section may be subject to 32

any additional penalty set forth in NRS 483.939, 484B.130 or 484B.135. 33

[7.] 6. As used in this section: 34

(a) “Commercial motor vehicle” means a motor vehicle or combination of 35

motor vehicles used in commerce to transport passengers or property if the motor 36

vehicle: 37

(1) Has a gross combination weight rating of 26,001 or more pounds which 38

includes a towed unit with a gross vehicle weight rating of more than 10,000 39

pounds; 40

(2) Has a gross vehicle weight rating of 26,001 or more pounds; 41

(3) Is designed to transport 16 or more passengers, including the driver; or 42

(4) Regardless of size, is used in the transportation of materials which are 43

considered to be hazardous for the purposes of the federal Hazardous Materials 44

Transportation Act, 49 U.S.C. §§ 5101 et seq., and for which the display of 45

identifying placards is required pursuant to 49 C.F.R. Part 172, Subpart F. 46

(b) The phrase “concentration of alcohol of 0.04 or more but less than 0.08 in 47

his or her blood or breath” means 0.04 gram or more but less than 0.08 gram of 48

alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her 49

breath. 50

Sec. 3. [NRS 484C.130 is hereby amended to read as follows: 51

484C.130 1. A person commits vehicular homicide if the person:

(10)

(a) Drives or is in actual physical control of a vehicle on or off the highways of

1

this State and:

2

(1) Is under the influence of intoxicating liquor;

3

(2) Has a concentration of alcohol of 0.08 or more in his or her blood or

4

breath;

5

(3) Is found by measurement within 2 hours after driving or being in actual

6

physical control of a vehicle to have a concentration of alcohol of 0.08 or more in

7

his or her blood or breath;

8

(4) Is under the influence of a controlled substance or is under the

9

combined influence of intoxicating liquor and a controlled substance;

10

(5) Inhales, ingests, applies or otherwise uses any chemical, poison or

11

organic solvent, or any compound or combination of any of these, to a degree

12

which renders the person incapable of safely driving or exercising actual physical

13

control of a vehicle; or

14

(6) Has a prohibited substance in his or her blood or urine, as applicable, in

15

an amount that is equal to or greater than the amount set forth in subsection 3 [or 4]

16

of NRS 484C.110; (b) Proximately causes the death of another person while

17

driving or in actual physical control of a vehicle on or off the highways of this

18

State; and

19

(c) Has previously been convicted of at least three offenses.

20

2. If consumption is proven by a preponderance of the evidence, it is an

21

affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the

22

defendant consumed a sufficient quantity of alcohol after driving or being in actual

23

physical control of the vehicle, and before his or her blood or breath was tested, to

24

cause the defendant to have a concentration of alcohol of 0.08 or more in his or her

25

blood or breath. A defendant who intends to offer this defense at a trial or

26

preliminary hearing must, not less than 14 days before the trial or hearing or at such

27

other time as the court may direct, file and serve on the prosecuting attorney a

28

written notice of that intent.

29

3. As used in this section, “offense” means:

30

(a) A violation of NRS 484C.110, 484C.120 or 484C.430;

31

(b) A homicide resulting from driving or being in actual physical control of a

32

vehicle while under the influence of intoxicating liquor or a controlled substance or

33

resulting from any other conduct prohibited by this section or NRS 484C.110 or

34

484C.430; or

35

(c) A violation of a law of any other jurisdiction that prohibits the same or

36

similar conduct as set forth in paragraph (a) or (b).] (Deleted by amendment.) 37

Sec. 4. (Deleted by amendment.) 38

484C.430 1. Unless a greater penalty is provided pursuant to NRS

40

484C.440, a person who:

41

(a) Is under the influence of intoxicating liquor;

42

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

43

(c) Is found by measurement within 2 hours after driving or being in actual

44

physical control of a vehicle to have a concentration of alcohol of 0.08 or more in

45

his or her blood or breath;

46

(d) Is under the influence of a controlled substance or is under the combined

47

influence of intoxicating liquor and a controlled substance;

48

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic

49

solvent, or any compound or combination of any of these, to a degree which renders

50

the person incapable of safely driving or exercising actual physical control of a

51

vehicle; or

(11)

(f) Has a prohibited substance in his or her blood or urine, as applicable, in an

1

amount that is equal to or greater than the amount set forth in subsection 3 [or 4] of

2

NRS 484C.110,

3

 and does any act or neglects any duty imposed by law while driving or in actual

4

physical control of any vehicle on or off the highways of this State, if the act or

5

neglect of duty proximately causes the death of, or substantial bodily harm to,

6

another person, is guilty of a category B felony and shall be punished by

7

imprisonment in the state prison for a minimum term of not less than 2 years and a

8

maximum term of not more than 20 years and must be further punished by a fine of

9

not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as

10

practicable, be segregated from offenders whose crimes were violent and, insofar as

11

practicable, be assigned to an institution or facility of minimum security.

12

2. A prosecuting attorney shall not dismiss a charge of violating the

13

provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or

14

nolo contendere to a lesser charge or for any other reason unless the attorney knows

15

or it is obvious that the charge is not supported by probable cause or cannot be

16

proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be

17

suspended nor may probation be granted.

18

3. Except as otherwise provided in subsection 4, if consumption is proven by

19

a preponderance of the evidence, it is an affirmative defense under paragraph (c) of

20

subsection 1 that the defendant consumed a sufficient quantity of alcohol after

21

driving or being in actual physical control of the vehicle, and before his or her

22

blood or breath was tested, to cause the defendant to have a concentration of

23

alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to

24

offer this defense at a trial or preliminary hearing must, not less than 14 days before

25

the trial or hearing or at such other time as the court may direct, file and serve on

26

the prosecuting attorney a written notice of that intent.

27

4. If the defendant is also charged with violating the provisions of NRS

28

484E.010, 484E.020 or 484E.030, the defendant may not offer the affirmative

29

defense set forth in subsection 3.

30

5. If the defendant was transporting a person who is less than 15 years of age

31

in the motor vehicle at the time of the violation, the court shall consider that fact as

32

an aggravating factor in determining the sentence of the defendant.] (Deleted by 33

amendment.) 34

Sec. 6. NRS 488.410 is hereby amended to read as follows: 35

488.410 1. It is unlawful for any person who: 36

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; 38

or 39

(c) Is found by measurement within 2 hours after operating or being in actual 40

physical control of a vessel to have a concentration of alcohol of 0.08 or more in his 41

or her blood or breath, 42

 to operate or be in actual physical control of a vessel under power or sail on the 43

waters of this State. 44

substance; or 48

the person incapable of safely operating or exercising actual physical control of a 51

(12)

 to operate or be in actual physical control of a vessel under power or sail on the 1

waters of this State. 2

3. It is unlawful for any person to operate or be in actual physical control of a 3

vessel under power or sail on the waters of this State with an amount of any of the 4

following prohibited substances in his or her blood or urine that is equal to or 5 greater than: 6 7 Urine Blood 8

Nanograms per Nanograms per

9

Prohibited substance milliliter milliliter

10 11 (a) Amphetamine 500 100 12 (b) Cocaine 150 50 13 (c) Cocaine metabolite 150 50 14 (d) Heroin 2,000 50 15

(e) Heroin metabolite: 16

(1) Morphine 2,000 50

17

18

19 (g) Methamphetamine 500 100 20 (h) Phencyclidine 25 10 21 22

4. [It]For any violation that is punishable pursuant to NRS 488.427, it is 23

unlawful for any person to operate or be in actual physical control of a vessel under 24

power or sail on the waters of this State with an amount of any of the following 25

prohibited substances in his or her blood that is equal to or greater than: 26 27 Blood 28 Nanograms per 29

Prohibited substance milliliter

30 31

32

34

5. If consumption is proven by a preponderance of the evidence, it is an 35

consumed a sufficient quantity of alcohol after operating or being in actual physical 37

control of the vessel, and before his or her blood was tested, to cause the defendant 38

to have a concentration of 0.08 or more of alcohol in his or her blood or breath. A 39

defendant who intends to offer this defense at a trial or preliminary hearing must, 40

not less than 14 days before the trial or hearing or at such other time as the court 41

may direct, file and serve on the prosecuting attorney a written notice of that intent. 42

6. [5.] Except as otherwise provided in NRS 488.427, a person who violates 43

the provisions of this section is guilty of a misdemeanor. 44

Sec. 7. [NRS 488.420 is hereby amended to read as follows: 45

488.420 1. Unless a greater penalty is provided pursuant to NRS 488.425, a

46

person who:

47

(a) Is under the influence of intoxicating liquor;

48

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

49

(c) Is found by measurement within 2 hours after operating or being in actual

50

physical control of a vessel under power or sail to have a concentration of alcohol

51

of 0.08 or more in his or her blood or breath;

(13)

(d) Is under the influence of a controlled substance or is under the combined

1

influence of intoxicating liquor and a controlled substance;

2

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic

3

solvent, or any compound or combination of any of these, to a degree which renders

4

the person incapable of safely operating or being in actual physical control of a

5

vessel under power or sail; or

6

(f) Has a prohibited substance in his or her blood or urine, as applicable, in an

7

amount that is equal to or greater than the amount set forth in subsection 3 [or 4] of

8

NRS 488.410,

9

 and does any act or neglects any duty imposed by law while operating or being

10

in actual physical control of any vessel under power or sail, if the act or neglect of

11

duty proximately causes the death of, or substantial bodily harm to, another person,

12

is guilty of a category B felony and shall be punished by imprisonment in the state

13

prison for a minimum term of not less than 2 years and a maximum term of not

14

more than 20 years and shall be further punished by a fine of not less than $2,000

15

nor more than $5,000. A person so imprisoned must, insofar as practicable, be

16

segregated from offenders whose crimes were violent and, insofar as practicable, be

17

assigned to an institution or facility of minimum security.

18

2. A prosecuting attorney shall not dismiss a charge of violating the

19

provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or

20

nolo contendere to a lesser charge or for any other reason unless the prosecuting

21

attorney knows or it is obvious that the charge is not supported by probable cause

22

or cannot be proved at the time of trial. A sentence imposed pursuant to subsection

23

1 must not be suspended, and probation must not be granted.

24

25

affirmative defense under paragraph (c) of subsection 1 that the defendant

26

consumed a sufficient quantity of alcohol after operating or being in actual physical

27

control of the vessel under power or sail, and before his or her blood was tested, to

28

cause the defendant to have a concentration of alcohol of 0.08 or more in his or her

29

blood or breath. A defendant who intends to offer this defense at a trial or

30

31

32

33

4. If a person less than 15 years of age was in the vessel at the time of the

34

defendant’s violation, the court shall consider that fact as an aggravating factor in

35

determining the sentence of the defendant.] (Deleted by amendment.)

36

488.425 1. A person commits homicide by vessel if the person:

38

(a) Operates or is in actual physical control of a vessel under power or sail on

39

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 her blood or

42

breath;

43

(3) Is found by measurement within 2 hours after operating or being in

44

actual physical control of a vessel under power or sail to have a concentration of

45

alcohol of 0.08 or more in his or her blood or breath;

46

(4) Is under the influence of a controlled substance or is under the

47

combined influence of intoxicating liquor and a controlled substance;

48

(5) Inhales, ingests, applies or otherwise uses any chemical, poison or

49

50

which renders the person incapable of safely operating or exercising actual physical

51

control of a vessel under power or sail; or

(14)

(6) Has a prohibited substance in his or her blood or urine, as applicable, in

1

an amount that is equal to or greater than the amount set forth in subsection 3 [or 4]

2

of NRS 488.410;

3

(b) Proximately causes the death of another person while operating or in actual

4

physical control of a vessel under power or sail; and

5

(c) Has previously been convicted of at least three offenses.

6

2. A person who commits homicide by vessel is guilty of a category A felony

7

and shall be punished by imprisonment in the state prison:

8

(a) For life with the possibility of parole, with eligibility for parole beginning

9

when a minimum of 10 years has been served; or

10

(b) For a definite term of 25 years, with eligibility for parole beginning when a

11

minimum of 10 years has been served.

12

3. A person imprisoned pursuant to subsection 2 must, insofar as practicable,

13

be segregated from offenders whose crimes were violent and, insofar as practicable,

14

be assigned to an institution or facility of minimum security.

15

4. A prosecuting attorney shall not dismiss a charge of homicide by vessel in

16

exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser

17

charge or for any other reason unless the prosecuting attorney knows or it is

18

obvious that the charge is not supported by probable cause or cannot be proved at

19

the time of trial. A sentence imposed pursuant to subsection 2 may not be

20

suspended nor may probation be granted.

21

22

affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the

23

defendant consumed a sufficient quantity of alcohol after operating or being in

24

actual physical control of the vessel, and before his or her blood or breath was

25

tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in

26

his or her blood or breath. A defendant who intends to offer this defense at a trial or

27

28

29

30

6. If the defendant was transporting a person who is less than 15 years of age

31

in the vessel at the time of the violation, the court shall consider that fact as an

32

aggravating factor in determining the sentence of the defendant.

33

7. As used in this section, “offense” means:

34

(a) A violation of NRS 488.410 or 488.420;

35

(b) A homicide resulting from operating or being in actual physical control of a

36

vessel while under the influence of intoxicating liquor or a controlled substance or

37

resulting from any other conduct prohibited by this section or NRS 488.410 or

38

488.420; or

39

(c) A violation of a law of any other jurisdiction that prohibits the same or

40

similar conduct as set forth in paragraph (a) or (b).] (Deleted by amendment.) 41

Sec. 9. (Deleted by amendment.) 42

33.030 1. The court by a temporary order may:

44

(a) Enjoin the adverse party from threatening, physically injuring or harassing

45

the applicant or minor child, either directly or through an agent;

46

(b) Exclude the adverse party from the applicant’s place of residence;

47

(c) Prohibit the adverse party from entering the residence, school or place of

48

employment of the applicant or minor child and order the adverse party to stay

49

away from any specified place frequented regularly by them;

50

(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody

51

of the minor child to the applicant;

(15)

(e) Enjoin the adverse party from physically injuring, threatening to injure or

1

taking possession of any animal that is owned or kept by the applicant or minor

2

child, either directly or through an agent;

3

(f) Enjoin the adverse party from physically injuring or threatening to injure

4

any animal that is owned or kept by the adverse party, either directly or through an

5

agent; and

6

(g) Order such other relief as it deems necessary in an emergency situation.

7

2. The court by an extended order may grant any relief enumerated in

8

subsection 1 and:

9

(a) Specify arrangements for visitation of the minor child by the adverse party

10

and require supervision of that visitation by a third party if necessary;

11

(b) Specify arrangements for the possession and care of any animal owned or

12

kept by the adverse party, applicant or minor child; and

13

(c) Order the adverse party to:

14

(1) Avoid or limit communication with the applicant or minor child;

15

(2) Pay rent or make payments on a mortgage on the applicant’s place of

16

residence;

17

(3) Pay for the support of the applicant or minor child, including, without

18

limitation, support of a minor child for whom a guardian has been appointed

19

pursuant to chapter 159A of NRS or a minor child who has been placed in

20

protective custody pursuant to chapter 432B of NRS, if the adverse party is found

21

to have a duty to support the applicant or minor child;

22

(4) Pay all costs and fees incurred by the applicant in bringing the action;

23

and

24

(5) Pay monetary compensation to the applicant for lost earnings and

25

expenses incurred as a result of the applicant attending any hearing concerning an

26

application for an extended order.

27

3. If an extended order is issued by a justice court, an interlocutory appeal lies

28

to the district court, which may affirm, modify or vacate the order in question. The

29

appeal may be taken without bond, but its taking does not stay the effect or

30

enforcement of the order.

31

4. A temporary or extended order must specify, as applicable, the county and

32

city, if any, in which the residence, school, child care facility or other provider of

33

child care, and place of employment of the applicant or minor child are located.

34

5. A temporary or extended order must provide notice that:

35

(a) Responding to a communication initiated by the applicant may constitute a

36

violation of the protective order; and

37

(b) A person who is arrested for violating the order will not be admitted to bail

38

sooner than 12 hours after the person’s arrest if:

39

(1) The arresting officer determines that such a violation is accompanied

40

by a direct or indirect threat of harm;

41

(2) The person has previously violated a temporary or extended order for

42

protection; or

43

(3) At the time of the violation or within 2 hours after the violation, the

44

person has:

45

(I) A concentration of alcohol of 0.08 or more in the person’s blood or

46

breath; or

47

(II) An amount of a prohibited substance in the person’s blood or

48

urine, as applicable, that is equal to or greater than the amount set forth in

49

subsection 3 [or 4] of NRS 484C.110.] (Deleted by amendment.)

50

62C.020 1. A child must not be released from custody sooner than 12 hours

52

after the child is taken into custody if the child is taken into custody for committing

(16)

a battery that constitutes domestic violence pursuant to NRS 33.018, unless the

1

peace officer or probation officer who has taken the child into custody determines

2

that the child does not otherwise meet the criteria for secure detention and:

3

(a) Respite care or another out-of-home alternative to secure detention is

4

available for the child;

5

(b) An out-of-home alternative to secure detention is not necessary to protect

6

the victim from injury; or

7

(c) Family services are available to maintain the child in the home and the

8

parents or guardians of the child agree to receive those family services and to allow

9

the child to return to the home.

10

2. A child must not be released from custody sooner than 12 hours after the

11

child is taken into custody if the child is taken into custody for violating a

12

temporary or extended order for protection against domestic violence issued

13

pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or

14

injunction that is in the nature of a temporary or extended order for protection

15

against domestic violence issued in an action or proceeding brought pursuant to title

16

11 of NRS, or for violating a temporary or extended order for protection against

17

stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or for

18

violating a temporary or extended order for protection against sexual assault issued

19

pursuant to NRS 200.378 and:

20

(a) The peace officer or probation officer who has taken the child into custody

21

determines that such a violation is accompanied by a direct or indirect threat of

22

harm;

23

(b) The child has previously violated a temporary or extended order for

24

protection of the type for which the child has been taken into custody; or

25

(c) At the time of the violation or within 2 hours after the violation, the child

26

has:

27

(1) A concentration of alcohol of 0.08 or more in his or her blood or

28

breath; or

29

(2) An amount of a prohibited substance in his or her blood or urine, as

30

applicable, that is equal to or greater than the amount set forth in subsection 3 [or 4]

31

of NRS 484C.110.

32

3. For the purposes of this section, an order or injunction is in the nature of a

33

temporary or extended order for protection against domestic violence if it grants

34

relief that might be given in a temporary or extended order issued pursuant to NRS

35

33.017 to 33.100, inclusive.] (Deleted by amendment.) 36

125.555 1. A restraining order or injunction that is in the nature of a

38

temporary or extended order for protection against domestic violence which is

39

issued in an action or proceeding brought pursuant to this title must provide notice

40

that a person who is arrested for violating the order or injunction will not be

41

admitted to bail sooner than 12 hours after the person’s arrest if:

42

(a) The arresting officer determines that such a violation is accompanied by a

43

direct or indirect threat of harm;

44

(b) The person has previously violated a temporary or extended order for

45

protection; or

46

(c) At the time of the violation or within 2 hours after the violation, the person

47

has:

48

(1) A concentration of alcohol of 0.08 or more in his or her blood or

49

breath; or

50

(2) An amount of a prohibited substance in his or her blood or urine, as

51

52

of NRS 484C.110.

(17)

2. For the purposes of this section, an order or injunction is in the nature of a

1

temporary or extended order for protection against domestic violence if it grants

2

relief that might be given in a temporary or extended order issued pursuant to NRS

3

33.017 to 33.100, inclusive.] (Deleted by amendment.) 4

171.1225 1. When investigating an act of domestic violence, a peace officer

6

shall:

7

(a) Make a good faith effort to explain the provisions of NRS 171.137

8

pertaining to domestic violence and advise victims of all reasonable means to

9

prevent further abuse, including advising each person of the availability of a shelter

10

or other services in the community.

11

(b) Provide a person suspected of being the victim of an act of domestic

12

violence with a written copy of the following statements:

13

(1) My name is Officer ... (naming the investigating officer).

14

Nevada law requires me to inform you of the following information.

15

(2) If I have probable cause to believe that a battery has been committed

16

against you, your minor child or the minor child of the person believed to have

17

committed the battery in the last 24 hours by your spouse, your former spouse, any

18

other person to whom you are related by blood or marriage, a person with whom

19

you have had or are having a dating relationship or a person with whom you have a

20

child in common, I am required, unless mitigating circumstances exist, to arrest the

21

person suspected of committing the battery.

22

(3) If I am unable to arrest the person suspected of committing the battery,

23

you have the right to request that the prosecutor file a criminal complaint against

24

the person. I can provide you with information on this procedure. If convicted, the

25

person who committed the battery may be placed on probation, ordered to see a

26

counselor, put in jail or fined.

27

(4) The law provides that you may seek a court order for the protection of

28

you, your minor children or any animal that is owned or kept by you, by the person

29

who committed or threatened the act of domestic violence or by the minor child of

30

either such person against further threats or acts of domestic violence. You do not

31

need to hire a lawyer to obtain such an order for protection.

32

(5) An order for protection may require the person who committed or

33

threatened the act of domestic violence against you to:

34

(I) Stop threatening, harassing or injuring you or your children;

35

(II) Move out of your residence;

36

(III) Stay away from your place of employment;

37

(IV) Stay away from the school attended by your children;

38

(V) Stay away from any place you or your children regularly go;

39

(VI) Avoid or limit all communication with you or your children;

40

(VII) Stop physically injuring, threatening to injure or taking

41

possession of any animal that is owned or kept by you or your children, either

42

directly or through an agent; and

43

(VIII) Stop physically injuring or threatening to injure any animal that

44

is owned or kept by the person who committed or threatened the act or his or her

45

children, either directly or through an agent.

46

(6) A court may make future orders for protection which award you

47

custody of your children and require the person who committed or threatened the

48

act of domestic violence against you to:

49

(I) Pay the rent or mortgage due on the place in which you live;

50

(II) Pay the amount of money necessary for the support of your

51

children;

(18)

(III) Pay part or all of the costs incurred by you in obtaining the order

1

for protection; and

2

(IV) Comply with the arrangements specified for the possession and

3

care of any animal owned or kept by you or your children or by the person who

4

committed or threatened the act or his or her children.

5

(7) To get an order for protection, go to room number ... (state the room

6

number of the office at the court) at the court, which is located at ...

7

(state the address of the court). Ask the clerk of the court to provide you with the

8

forms for an order of protection.

9

(8) If the person who committed or threatened the act of domestic violence

10

against you violates the terms of an order for protection, the person may be arrested

11

and, if:

12

(I) The arresting officer determines that such a violation is

13

accompanied by a direct or indirect threat of harm;

14

(II) The person has previously violated a temporary or extended order

15

for protection; or

16

(III) At the time of the violation or within 2 hours after the violation,

17

the person has a concentration of alcohol of 0.08 or more in the person’s blood or

18

breath or an amount of a prohibited substance in the person’s blood or urine, as

19

20

of NRS 484C.110,

21

 the person will not be admitted to bail sooner than 12 hours after arrest.

22

(9) You may obtain emergency assistance or shelter by contacting your

23

local program against domestic violence at ... (state name, address and

24

telephone number of local program) or you may call, without charge to you, the

25

Statewide Program Against Domestic Violence at ... (state toll-free

26

telephone number of Statewide Program).

27

2. The failure of a peace officer to carry out the requirements set forth in

28

subsection 1 is not a defense in a criminal prosecution for the commission of an act

29

of domestic violence, nor may such an omission be considered as negligence or as

30

causation in any civil action against the peace officer or the officer’s employer.

31

3. As used in this section:

32

(a) “Act of domestic violence” means any of the following acts committed by a

33

person against his or her spouse, former spouse, any other person to whom he or

34

she is related by blood or marriage, a person with whom he or she has had or is

35

having a dating relationship, a person with whom he or she has a child in common,

36

the minor child of any of those persons or his or her minor child:

37

(1) A battery.

38

(2) An assault.

39

(3) Compelling the other by force or threat of force to perform an act from

40

which he or she has the right to refrain or to refrain from an act which he or she has

41

the right to perform.

42

(4) A sexual assault.

43

(5) A knowing, purposeful or reckless course of conduct intended to harass

44

the other. Such conduct may include, but is not limited to:

45 (I) Stalking. 46 (II) Arson. 47 (III) Trespassing. 48 (IV) Larceny. 49

(V) Destruction of private property.

50

(VI) Carrying a concealed weapon without a permit.

51

(VII) Injuring or killing an animal.

52

(6) False imprisonment.

(19)

(7) Unlawful entry of the other’s residence, or forcible entry against the

1

other’s will if there is a reasonably foreseeable risk of harm to the other from the

2

entry.

3

(b) “Dating relationship” means frequent, intimate associations primarily

4

characterized by the expectation of affectional or sexual involvement. The term

5

does not include a casual relationship or an ordinary association between persons in

6

a business or social context.] (Deleted by amendment.) 7

178.484 1. Except as otherwise provided in this section, a person arrested

9

for an offense other than murder of the first degree must be admitted to bail.

10

2. A person arrested for a felony who has been released on probation or

11

parole for a different offense must not be admitted to bail unless:

12

(a) A court issues an order directing that the person be admitted to bail;

13

(b) The State Board of Parole Commissioners directs the detention facility to

14

admit the person to bail; or

15

(c) The Division of Parole and Probation of the Department of Public Safety

16

directs the detention facility to admit the person to bail.

17

3. A person arrested for a felony whose sentence has been suspended pursuant

18

to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term

19

of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense

20

must not be admitted to bail unless:

21

(a) A court issues an order directing that the person be admitted to bail; or

22

(b) A department of alternative sentencing directs the detention facility to

23

admit the person to bail.

24

4. A person arrested for murder of the first degree may be admitted to bail

25

unless the proof is evident or the presumption great by any competent court or

26

magistrate authorized by law to do so in the exercise of discretion, giving due

27

weight to the evidence and to the nature and circumstances of the offense.

28

5. A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130,

29

484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating

30

liquor must not be admitted to bail or released on the person’s own recognizance

31

unless the person has a concentration of alcohol of less than 0.04 in his or her

32

breath. A test of the person’s breath pursuant to this subsection to determine the

33

concentration of alcohol in his or her breath as a condition of admission to bail or

34

release is not admissible as evidence against the person.

35

6. A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130,

36

484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled

37

substance, is under the combined influence of intoxicating liquor and a controlled

38

substance, or inhales, ingests, applies or otherwise uses any chemical, poison or

39

40

which renders the person incapable of safely driving or exercising actual physical

41

control of a vehicle or vessel under power or sail must not be admitted to bail or

42

released on the person’s own recognizance sooner than 12 hours after arrest.

43

7. A person arrested for a battery that constitutes domestic violence pursuant

44

to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the

45

person is admitted to bail more than 12 hours after arrest, without appearing

46

personally before a magistrate or without the amount of bail having been otherwise

47

set by a magistrate or a court, the amount of bail must be:

48

(a) Three thousand dollars, if the person has no previous convictions of battery

49

that constitute domestic violence pursuant to NRS 33.018 and there is no reason to

50

believe that the battery for which the person has been arrested resulted in

51

substantial bodily harm or was committed by strangulation;

52

(b) Five thousand dollars, if the person has:

2021 Session (81st) A AB400 R Senate Amendment to Assembly Bill No. 400 First Reprint (BDR )

-

*A_AB400_R1_722*

A_AB400_R1_722