Revises provisions relating to crimes. (BDR 43-906)

- 83rd Session (2025)
Senate Bill No. 309–Senator Steinbeck

CHAPTER..........

AN ACT relating to crimes; revising provisions relating to driving
under the influence of alcohol or certain other prohibited
substances; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various penalties applicable to the offense of driving or
physically controlling a vehicle while under the influence of alcohol or a prohibited
substance, depending on whether the offense is the first, s econd or third offense
within 7 years. (NRS 484C.400) Among other things, a court may sentence a
person who is found guilty of a second offense within 7 years to : (1) imprisonment
for not less than 10 days nor more than 6 months in jail ; or (2) residential
confinement for not less than 10 days nor more than 6 months. Section 12 of this
bill increases the minimum term of imprisonment or residential confinement to 20
days.
Existing law requires an offender who had a concentration of alcohol of 0.18 or
more in his or her blood or breath at the time of an offense to be evaluated before
sentencing to determine whether the offender has an alcohol or substance use
disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of
alcohol threshold to require an offender who had a concentration of alcohol of 0.16
or more in his or her blood or breath at the time of the offense to be evaluated for
an alcohol or substance use disorder. Sections 1, 9 and 12 of this bill make
conforming changes to r educe references to the concentration of alcohol from 0.18
to 0.16. Section 38 of this bill makes a technical change to re peal a definition that
is not used in chapter 484C of NRS.
Additionally, existing law, under certain circumstances, authorizes certain first,
second and third -time offenders to apply to the court to undergo a program of
treatment for an alcohol or other substance use disorder. (NRS 484C.320,
484C.330, 484C.340) Existing law prohibits an offender from applying to undergo
such a program for third -time offenders if the offender has previously applied to
receive such treatment or has previously been convicted of certain offenses. (NRS
484C.340) Section 10 of this bill removes the restriction related to previous
applications by a third -time offender to undergo such a program and instead
prohibits the offender from applying to undergo such a program if the offender has
previously been ordered to complete a program of trea tment for third -time
offenders.
For the purposes of determining whether a person that drives or physically
controls a vehicle while under the influence of alcohol or a prohibited substance is
a first, second or third -time offender, existing law qualifies an offense as a prior
offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the
judgment of conviction is set aside or dismissed in connection with successful
completion of a diversionary program or specialty court program. (NR S 484C.400)
Section 12 additionally provides that an offense qualifies as a prior offense if the
person is undergoing a program of treatment for an alcohol or substance use
disorder for a first, second or third-time offender.
Existing law establishes a pe nalty that is applicable to a person who has
previously committed certain felonies related to driving under the influence of
alcohol or a prohibited substance and who subsequently commits the offense of
driving or physically controlling a vehicle while und er the influence of alcohol or a
prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies

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this penalty to a person who is undergoing a program of treatment for an alcohol or
substance use disorder for a third -time offender, if the person subsequently
commits the offense of driving or physically controlling a vehicle while under the
influence of alcohol or a prohibited substance.

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

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
follows:
484C.030 “Concentration of alcohol of [0.18] 0.16 or more in
his or her blood or breath” means [0.18] 0.16 gram or more of
alcohol per 100 milliliters of the blood of a person or per 210 liters
of his or her breath.
Secs. 2-8. (Deleted by amendment.)
Sec. 9. NRS 484C.320 is hereby amended to read as follows:
484C.320 1. An offender who is found guilty of a violation
of NRS 484C.110 or 484C.120 that is punishable pursuant to
paragraph (a) of subsection 1 of NRS 484C.400, other than an
offender who is found to have a concentration of alcohol of [0.18]
0.16 or more in his or her blood or breath, may, at that time or any
time before the offender is sentenced, apply to the court to undergo
a program of treatment for an alcohol or other substance use
disorder for at least 6 months. The court shall authorize that
treatment if:
(a) The offender is diagnosed as a person with an alcohol or
other substance use disorder by:
(1) An alcohol and drug counselor who is licensed or
certified, or a clinical alcohol and drug counselor who is licensed,
pursuant to chapter 641C of NRS, to make that diagnosis;
(2) A physician who is certified to make that diagnosis by the
Board of Medical Examiners; or
(3) An advanced practice registered nurse who is certified to
make that diagnosis by the State Board of Nursing;
(b) The offender agrees to pay the cost of the treatment to the
extent of his or her financial resources; and
(c) The offender has served or will serve a term of imprisonment
in jail of not less than 1 day, or has performed or will perform 24
hours of community service.
2. A prosecuting attorney may, within 10 days after receiving
notice of an application for treatment pursuant to this section,
request a hearing on the question of whether the offender is eligible

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to undergo a program of treatment for an alcohol or other substance
use disorder. The court shall order a hearing on the application upon
the request of the prosecuting attorney or may order a hearing on its
own motion. The hearing must be limited to the question of whether
the offender is eligible to undergo such a program of treatment.
3. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant
evidence on the matter. If a hearing is not held, the court shall
decide the matter upon affidavits and other informatio n before the
court.
4. If the court grants an application for treatment, the court
shall:
(a) Immediately sentence the offender and enter judgment
accordingly.
(b) Suspend the sentence of the offender for not more than 3
years upon the condition that t he offender be accepted for treatment
by a treatment provider that is approved by the court, that the
offender complete the treatment satisfactorily and that the offender
comply with any other condition ordered by the court. If the court
has a specialty co urt program for the supervision and monitoring of
the person, the treatment provider must comply with the
requirements of the specialty court, including, without limitation,
any requirement to submit progress reports to the specialty court.
(c) Advise the offender that:
(1) He or she may be placed under the supervision of a
treatment provider for a period not to exceed 3 years.
(2) The court may order the offender to be admitted to a
residential treatment facility or to be provided with outpatient
treatment in the community.
(3) If the offender fails to complete the program of treatment
satisfactorily, the offender shall serve the sentence imposed by the
court. Any sentence of imprisonment must be reduced by a time
equal to that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the
offender’s sentence will be reduced to a term of imprisonment
which is not less than 1 day and a fine of not more than the
minimum fine provided for the offen se in NRS 484C.400, but
the conviction must remain on the record of criminal history of the
offender for the period prescribed by law.
5. The court shall administer the program of treatment pursuant
to the procedures provided in NRS 176A.230 to 176A.245,
inclusive, except that the court:

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(a) Shall not defer the sentence, set aside the conviction or
impose conditions upon the election of treatment except as
otherwise provided in this section.
(b) May immediately revoke the suspension of sentence for a
violation of any condition of the suspension.
6. The court shall notify the Department, on a form approved
by the Department, upon granting the application of the offender for
treatment and his or her failure to be accepted for or complete
treatment.
Sec. 10. NRS 484C.340 is hereby amended to read as follows:
484C.340 1. An offender who enters a plea of guilty or nolo
contendere to a violation of NRS 484C.110 or 484C.120 that is
punishable pursuant to paragraph ( c) of subsection 1 of NRS
484C.400 may, at the time the offender enters a plea, apply to the
court to undergo a program of treatment for an alcohol or other
substance use disorder for at least 3 years. The court may authorize
that treatment if:
(a) The of fender is diagnosed as a person with an alcohol or
other substance use disorder by:
(1) An alcohol and drug counselor who is licensed or
certified, or a clinical alcohol and drug counselor who is licensed,
pursuant to chapter 641C of NRS, to make that diagnosis;
(2) A physician who is certified to make that diagnosis by the
Board of Medical Examiners;
(3) An advanced practice registered nurse who is certified to
make that diagnosis by the State Board of Nursing; and
(b) The offender agrees to pay the costs of the treatment to the
extent of his or her financial resources.
 An alcohol and drug counselor, a clinical alcohol and drug
counselor, a physician or an advanced practice registered nurse who
diagnoses an offender as a person with an alcohol or other substance
use disorder shall make a report and recommendation to the court
concerning the length and type of treatment required for the
offender.
2. A prosecuting attorney may, within 10 days after receiving
notice of an application for treatment pu rsuant to this section,
request a hearing on the matter. The court shall order a hearing on
the application upon the request of the prosecuting attorney or may
order a hearing on its own motion.
3. At the hearing on the application for treatment, the
prosecuting attorney may present the court with any relevant
evidence on the matter. If a hearing is not held, the court shall
decide the matter and other information before the court.

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4. If the court determines that an application for treatment
should be granted, the court shall:
(a) Immediately, without entering a judgment of conviction and
with the consent of the offender, suspend further proceedings and
place the offender on probation for not more than 5 years.
(b) Order the offender to complete a program of treatment for an
alcohol or other substance use disorder with a treatment provider
approved by the court. If the court has a specialty court program for
the supervision and monitoring of the person, the treatment provider
must comply with the requirements of the specialty court, including,
without limitation, any requirement to submit progress reports to the
specialty court.
(c) Advise the offender that:
(1) He or she may be placed under the supervision of a
treatment provider for not more than 5 years.
(2) The court may order the offender to be admitted to a
residential treatment facility.
(3) The court will enter a judgment of conviction for a
violation of paragraph (c) of subsection 1 of NRS 484C.400 if a
treatment provider fails to accept the offender for a program of
treatment for an alcohol or other substance use disorder or if the
offender fails to complete the program of treatment satisfactorily.
Any sentence of imprisonment may be reduced by a time equal to
that which the offender served before beginning treatment.
(4) If the offender completes the treatment satisfactorily, the
court will enter a judgment of conviction for a violation of
paragraph (b) of subsection 1 of NRS 484C.400.
(5) The provisions of NRS 483.460 requiring the revocation
of the license, permit or privilege of the offender to drive do not
apply.
5. The court shall administer the program of treatment pursuant
to the procedures provided in NRS 176A.230 to 176A.245,
inclusive, except that the court:
(a) Shall not defer the sentence or set aside the conviction upon
the election of treatment, except as otherwise provided in this
section; and
(b) May enter a judgment of conviction and proceed as provided
in paragraph (c) of subsection 1 of NRS 484C.400 for a violati on of
a condition ordered by the court.
6. To participate in a program of treatment, the offender must:
(a) Serve not less than 6 months of residential confinement;
(b) Be placed under a system of active electronic monitoring,
through the Division, tha t is capable of identifying the offender’s

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location and producing, upon request, reports or records of the
offender’s presence near or within, or departure from, a specified
geographic location and pay any costs associated with the offender’s
participation under the system of active electronic monitoring;
(c) Install, at his or her own expense, an ignition interlock
device for not less than 12 months;
(d) Not drive any vehicle unless it is equipped with an ignition
interlock device;
(e) Agree to be subject to periodic testing for the use of alcohol
or controlled substances while participating in a program of
treatment; and
(f) Agree to any other conditions that the court deems necessary.
7. An offender may not apply to the court to undergo a
program of treatment for an alcohol or other substance use disorder
pursuant to this section if the offender has previously [applied] been
ordered to [receive] complete a program of treatment pursuant to
this section or if the offender has previously been convicted of:
(a) A violation of NRS 484C.430;
(b) A violation of NRS 484C.130;
(c) A homicide resulting from driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor
or a controlled substance or resultin g from any other conduct
prohibited by NRS 484C.110, 484C.130 or 484C.430;
(d) A violation of paragraph (c) of subsection 1 of
NRS 484C.400;
(e) A violation of NRS 484C.410; or
(f) A violation of law of any other jurisdiction that prohibits the
same or similar conduct as set forth in paragraph (a), (b), (c) or (d).
8. An offender placed under a system of active electronic
monitoring pursuant to paragraph (b) of subsection 6 shall:
(a) Follow the instructions provided by the Division to maintain
the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of the
electronic monitoring device to the Division within 2 hours after the
occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by the court or the
Division with regard to the offender’s participation under the system
of active electronic monitoring.
9. Except as otherwise provided in this subsection, a person
who intentionally removes or disables or attempts to remove or
disable an electronic monitoring device placed on an offender
pursuant to this section is guilty of a gross misdemeanor. The
provisions of this subsection do not prohibit a person authorized by

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the Division from performing maintenance or repairs to an
electronic monitoring device.
10. As used is this section, “Division” means the Division of
Parole and Probation of the Department of Public Safety.
Sec. 11. NRS 484C.350 is hereby amended to read as follows:
484C.350 1. If an offender is found guilty of a violation of
NRS 484C.110 that is punishable pursuant to paragraph (a) of
subsection 1 of NRS 484C.400 and if the concentration of alcohol in
the offender’s blood or breath at the time of the offense was [0.18]
0.16 or more, if an offender is found guilty of a violation of NRS
484C.110 or 484C.120 that is punishable pursuant to paragraph (b)
of subsection 1 of NRS 484C.400 or if an offender is found guilty of
a violation of subsection 4 of NRS 453.336, the court shall, befor e
sentencing the offender, require an evaluation of the offender
pursuant to subsection 3, 4, 5 or 6 to determine whether the offender
has an alcohol or other substance use disorder.
2. If an offender is convicted of a violation of NRS 484C.110
or 484C.1 20 that is punishable pursuant to paragraph (a) of
subsection 1 of NRS 484C.400 and if the offender is under 21 years
of age at the time of the violation or if the offender is convicted of a
violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NR S
202.040 or subsection 4 of NRS 678D.310, the court shall, before
sentencing the offender, require an evaluation of the offender
pursuant to subsection 3, 4, 5 or 6 to determine whether the offender
has an alcohol or other substance use disorder.
3. Except as otherwise provided in subsection 4, 5 or 6, the
evaluation of an offender pursuant to this section must be conducted
at an evaluation center by:
(a) An alcohol and drug counselor who is licensed or certified,
or a clinical alcohol and drug counselor who is licensed, pursuant to
chapter 641C of NRS, to make that evaluation;
(b) A physician who is certified to make that evaluation by the
Board of Medical Examiners; or
(c) An advanced practice registered nurse who is certified to
make that diagnosis by the State Board of Nursing,
 who shall report to the court the results of the evaluation and
make a recommendation to the court concerning the length and type
of treatment required for the offender.
4. The evaluation of an offender who reside s more than 30
miles from an evaluation center may be conducted outside an
evaluation center by a person who has the qualifications set forth in
subsection 3. The person who conducts the evaluation shall report to
the court the results of the evaluation an d make a recommendation

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to the court concerning the length and type of treatment required for
the offender.
5. The evaluation of an offender who resides in another state
may, upon approval of the court, be conducted in the state where the
offender resides by a physician, advanced practice registered nurse
or other person who is authorized by the appropriate governmental
agency in that state to conduct such an evaluation. The offender
shall ensure that the results of the evaluation and the
recommendation concerning the length and type of treatment for the
offender are reported to the court.
6. The evaluation of an offender who resides in this State may,
upon approval of the court, be conducted in another state by a
physician, advanced practice registered nurse or other person who is
authorized by the appropriate governmental agency in that state to
conduct such an evaluation if the location of the physician,
advanced practice registered nurse or other person in the other state
is closer to the residence of the offender than the nearest location in
this State at which an evaluation may be conducted. The offender
shall ensure that the results of the evaluation and the
recommendation concerning the length and type of treatment for the
offender are reported to the court.
7. An offender who is evaluated pursuant to this section shall
pay the cost of the evaluation. An evaluation center or a person who
conducts an evaluation in this State outside an evaluation center
shall not charge an offender more than $100 for the evaluation.
Sec. 12. NRS 484C.400 is hereby amended to read as follows:
484C.400 1. Unless a greater penalty is provided pursuant to
NRS 484C.430 or 484C.440, and except as otherwise provided in
NRS 484C.394 or 4 84C.410, a person who violates the provisions
of NRS 484C.110 or 484C.120:
(a) For the first offense within 7 years, is guilty of a
misdemeanor. Unless the person is allowed to undergo treatment as
provided in NRS 484C.320, the court shall:
(1) Except as otherwise provided in subparagraph (4) of this
paragraph or subsection 3 of NRS 484C.420, order the person to pay
tuition for an educational course on alcohol or other substance use
disorders approved by the Department and complete the course
within the time specified in the order, and the court shall notify the
Department if the person fails to complete the course within the
specified time;
(2) Unless the sentence is reduced pursuant to
NRS 484C.320:

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(I) Sentence the person to imprisonment for not less than
2 days nor more than 6 months in jail or residential confinement for
not less than 2 days nor more than 6 months, in the manner provided
in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or
(II) Order the person to perform not less than 48 hours,
but not more than 96 hours, of community service;
(3) Fine the person not less than $400 nor more than $1,000;
and
(4) If the person is found to have a concentration of alcohol
of [0.18] 0.16 or more in his or her blood or breath, order the person
to attend a program of treatment for an alcohol or other substance
use disorder pursuant to the provisions of NRS 484C.360.
(b) For a second offense within 7 years, is guilty of a
misdemeanor. Unless the sentence is reduced pursuant to NR S
484C.330, the court shall:
(1) Sentence the person to:
(I) Imprisonment for not less than [10] 20 days nor more
than 6 months in jail; or
(II) Residential confinement for not less than [10] 20 days
nor more than 6 months, in the manner provided i n NRS 4.376 to
4.3766, inclusive, or 5.0755 to 5.078, inclusive;
(2) Fine the person not less than $750 nor more than $1,000,
or order the person to perform an equivalent number of hours of
community service; and
(3) Order the person to attend a program of treatment for an
alcohol or other substance use disorder pursuant to the provisions of
NRS 484C.360.
 A person who willfully fails or refuses to complete successfully a
term of residential confinement or a program of treatment ordered
pursuant to this paragraph is guilty of a misdemeanor.
(c) Except as otherwise provided in NRS 484C.340, for a third
offense within 7 years, is guilty of a category B felony and the
court:
(1) Shall:
(I) Sentence the person to imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum
term of not more than 6 years; and
(II) Fine the person not less than $2,000 nor more than
$5,000; and
(2) May order the person to attend a program of treatment for
an alcohol or other substance use disorder pursuant to the provisions
of NRS 484C.360 if the results of an evaluation conducted pursuant
to NRS 484C.300 indicate that the person has an alcohol or other

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substance use disorder and that the person can be treated
successfully for his or her condition.
 An offender who is imprisoned pursuant to the provisions of this
paragraph must, insofar as practicable, be segregated from offenders
whose crimes were violent and, insofar as practicable, be assigned
to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately
preceding the date of the principal offense or after the principal
offense constitutes a prior offense for the purposes of this section:
(a) When evidenced by a conviction; [or]
(b) If the person is undergoing a program of treatment for an
alcohol or other substance use disorder pursuant to NRS
484C.320, 484C.330 or 484C.340 as a result of the offense; or
(c) If the offense is conditionally dismissed or the judgment of
conviction is set aside pursuant to NRS 176A.240, 176A.260 or
176A.290 or dismissed in connection with successful completion of
a diversionary program or specialty court program,
 without regard to the sequence of the offenses and convictions.
The facts concerning a pr ior offense must be alleged in the
complaint, indictment or information, must not be read to the jury or
proved at trial but must be proved at the time of sentencing and, if
the principal offense is alleged to be a felony, must also be shown at
the preliminary examination or presented to the grand jury.
3. A term of confinement imposed pursuant to the provisions
of this section may be served intermittently at the discretion of the
judge or justice of the peace, except that a person who is convicted
of a second or subsequent offense within 7 years must be confined
for at least one segment of not less than 48 consecutive hours. This
discretion must be exercised after considering all the circumstances
surrounding the offense, and the family and employment of the
offender, but any sentence of 30 days or less must be served within
6 months after the date of conviction or, if the offender was
sentenced pursuant to NRS 484C.320 or 484C.330 and the
suspension of his or her sentence was revoked, within 6 months
after the date of revocation. Any time for which the offender is
confined must consist of not less than 24 consecutive hours.
4. Jail sentences simultaneously imposed pursuant to this
section and NRS 482.456, 483.560, 484C.410 or 485.330 must run
consecutively.
5. If the defendant was transporting a person who is less than
15 years of age in the motor vehicle at the time of the violation, the
court shall consider that fact as an aggravating factor in determining
the sentence of the defendant.

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6. For the purpose of determining whether one offense occurs
within 7 years of another offense, any period of time between the
two offenses during which, for any such offense, the offender is
imprisoned, serving a term of residential confinement, placed und er
the supervision of a treatment provider, on parole or on probation
must be excluded.
7. As used in this section, unless the context otherwise
requires, “offense” means:
(a) A violation of NRS 484C.110, 484C.120 or 484C.430;
(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from any
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
or
(c) A violation of a law of a ny other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a) or (b).
Sec. 13. NRS 484C.410 is hereby amended to read as follows:
484C.410 1. Unless a greater penalty is provided in NRS
484C.440, a person who [has] :
(a) Has previously been convicted of:
[(a)] (1) A violation of NRS 484C.110 or 484C.120 that is
punishable as a felony pursuant to paragraph (c) of subsection 1 of
NRS 484C.400;
[(b)] (2) A violation of NRS 484C.430;
[(c)] (3) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from any
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
[(d)] (4) A violation of a law of any other jurisdiction that
prohibits the same or similar conduct as set forth in [paragraph (a),
(b)] subparagraph (1), (2) or [(c);] (3); or
[(e)] (5) A violation of NRS 484C.110 or 484C.120 that is
punishable pursuant to par agraph (c) of subsection 1 of NRS
484C.400 that was reduced from a felony pursuant to NRS
484C.340 [,] ; or
(b) Is undergoing a program of treatment for an alcohol or
other substance use disorder pursuant to NRS 484C.340,
 and who violates the provisions of NRS 484C.110 or 484C.120 is
guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 2 years and a
maximum term of not more than 15 years, and shall be f urther
punished by a fine of not less than $2,000 nor more than $5,000. An
offender so imprisoned must, insofar as practicable, be segregated

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from offenders whose crimes were violent and, insofar as
practicable, be assigned to an institution or facility of minimum
security.
2. An offense which is listed in [paragraphs (a) ]
subparagraphs (1) to [(e),] (5), inclusive, of paragraph (a) of
subsection 1 that occurred on any date preceding the date of the
principal offense or after the principal offense constit utes a prior
offense for the purposes of this section when evidenced by a
conviction, without regard for the sequence of the offenses and
convictions. The facts concerning a prior offense must be alleged in
the complaint, indictment or information, must no t be read to the
jury or proved at trial but must be proved at the time of sentencing
and, if the principal offense is alleged to be a felony, must also be
shown at the preliminary examination or presented to the grand jury.
3. A term of confinement impo sed pursuant to the provisions
of this section may be served intermittently at the discretion of the
judge or justice of the peace, except that a person who is convicted
of a second or subsequent offense within 7 years must be confined
for at least one seg ment of not less than 48 consecutive hours. This
discretion must be exercised after considering all the circumstances
surrounding the offense, and the family and employment of the
offender, but any sentence of 30 days or less must be served within
6 months after the date of conviction or, if the offender was
sentenced pursuant to NRS 484C.320 or 484C.330 and the
suspension of offender’s sentence was revoked, within 6 months
after the date of revocation. Any time for which the offender is
confined must consist of not less than 24 consecutive hours.
4. Jail sentences simultaneously imposed pursuant to this
section and NRS 482.456, 483.560, 484C.400 or 485.330 must run
consecutively.
5. If the defendant was transporting a person who is less than
15 years of age in the motor vehicle at the time of the violation, the
court shall consider that fact as an aggravating factor in determining
the sentence of the defendant.
6. For the purpose of determining whether one offense occurs
within 7 years of another offen se, any period of time between the
two offenses during which, for any such offense, the offender is
imprisoned, serving a term of residential confinement, placed under
the supervision of a treatment provider, on parole or on probation
must be excluded.
7. As used in this section, unless the context otherwise
requires, “offense” means:
(a) A violation of NRS 484C.110, 484C.120 or 484C.430;

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(b) A homicide resulting from driving or being in actual
physical control of a vehicle while under the influence of
intoxicating liquor or a controlled substance or resulting from any
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
or
(c) A violation of a law of any other jurisdiction that prohibits
the same or similar conduct as set forth in paragraph (a) or (b).
Secs. 14-37. (Deleted by amendment.)
Sec. 38. NRS 484C.040 is hereby repealed.

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