Read the full stored bill text
(Reprinted with amendments adopted on June 2, 2025)
SECOND REPRINT S.B. 457
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SENATE BILL NO. 457–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE OFFICE OF THE GOVERNOR)
APRIL 7, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to public safety.
(BDR 15-1038)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public safety; revising provisions relating to
assault, battery, stalking, pornography involving minors,
domestic violence, and driving under the influence of
alcohol or a prohibited substance; requiring a compliance
hearing after the issuance of certain orders to relinquish
firearms; establishing certain unlawful acts related to
certain theft offenses involving property damage; revising
provisions relating to offenders ; establishing provisions
related to the creation of corridors and the adjudication
and reporting of certain offenses committed within such
corridors; making various changes related to juvenile
justice; prohibiting the construction of certain f indings
relating to actions for wrongful conviction; revising
provisions relating to the sealing of records and specialty
court programs; revising provisions relating to pretrial
release; revising provisions relating to opioid use
disorder; making appropriations; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that if a person commits an assault upon an officer who 1
is performing his or her duty and the person knew or should hav e known that the 2
victim was an officer , the person is guilty of: (1) a category B felony if the assault 3
is made with the use of a deadly weapon or the present ability to use a deadly 4
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weapon; (2) a category D felony if the person is a probationer, prisoner or parolee; 5
or (3) if neither of those circumstances is present, a gross misdemeanor. (NRS 6
200.471) Additionally, existing law provides that if a person commits a battery 7
upon an officer and the person knew or should have known that the victim was an 8
officer, the person is guilty of: (1) a category B felony if the battery causes 9
substantial bodily harm or is committed by strangulation; or (2) if those 10
circumstances are not present and no greater penalty is provided by law, a gross 11
misdemeanor. (NRS 200.481) Sections 1.3 and 1.7 of this bill revise the definition 12
of “officer” for the purposes of the enhanced penalties for assault or battery to 13
include an employee of this State or a political subdivision of this State whose 14
normal job responsibilities require the employee to: (1) interact with the public; and 15
(2) perform tasks related to child welfare service s or child protective services or 16
other tasks that expose the person to comparable danger. Additionally, sections 1.3 17
and 1.7 of this act apply the enhance d penalties to an assault or batter y committed 18
against a hospitality employee. 19
Existing law prohibits a person from stalking and prescribes various penalties 20
related to the circumstance under which the offense is committed. (NRS 200.575) 21
Section 2 of this bill expands the unlawful acts which constitute stalking to include 22
certain courses of conduct that would cause the victim to feel terrorized, frightened, 23
intimidated, harassed or fearful for the immediate safety of a person in a dating 24
relationship with the victim. Section 2 also makes various changes to provide that 25
stalking encompasses both acts committed in person and by electronic means, and 26
provides that such penalties are generally applicable to such acts regardless of 27
medium. Sections 50 and 63 of this bill make conforming changes related to the 28
commission of stalking by electronic means under section 2. 29
Existing law provides that a person who knowingly and willfully has in his or 30
her possession any film, photograph or other visual represent ation depicting a 31
person under the age of 16 years as the subject of the sexual portrayal or engaging 32
in, simulating, or assisting others to engage in or simulate, sexual conduct is guilty 33
of possession of pornography involving a minor. (NRS 200.730) Section 3 of this 34
bill revises the unit of prosecution for such an offense and prescribes that each 35
person depicted under the age of 16 years in any film, photograph or other visual 36
presentation constitutes a separate offense. Section 41 of this bill makes a 37
conforming change related to section 3. 38
Existing law: (1) prescribes various circumstances in which a person is 39
prohibited from owning, possessing or having under his or her custody or control a 40
firearm; and (2) establishes procedures related to the surrend er, sale or transfer of a 41
firearm by certain persons who are prohibited from owning, possessing or having 42
under their custody or control a firearm. (NRS 33.031, 33.033, 202.360, 202.361) 43
Sections 4, 30 and 51 of this bill generally require a court to schedule a compliance 44
hearing under such circumstances to determine whether a person has complied with 45
a court order to surrender, sell or transfer a firearm. Sections 4, 30 and 51 , 46
however, authorize the court to cancel the compliance hearing under certain 47
circumstances. Sections 5, 31 and 52 of this bill apply certain related definitions in 48
existing law to sections 4, 30 and 51, respectively. 49
Existing law establishes certain crim es making it unlawful to take or obtain 50
property. (NRS 205.0821 -205.295) Section 29.1 of this bill creates a new crime 51
which provides that if a person intentionally causes property damage to a retail 52
establishment in the commission of a theft offense and t he aggregate value of the 53
amount involved in the theft or property damage, or any combination thereof, is 54
$750 or more, the person is guilty of a category C felony. 55
Existing law sets forth certain unlawful acts that constitute domestic violence 56
when commi tted against certain persons. (NRS 33.018) Section 32 of this bill 57
revises the unlawful acts that constitute domestic violence to include kidnapping as 58
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well as an attempt or solicitation to commit any unlawful act that constitutes 59
domestic violence. 60
Existing law establishes provisions concerning actions for wrongful conviction. 61
(NRS 41.900 -41.970) Section 34.3 of this bill provides that the entry of a 62
certificate of innocence and the award in an action for wrongful conviction is not a 63
finding that: (1) certain persons committed a wrongdoing; or (2) there was not 64
probable cause under certain circumstances. 65
Existing law provides that if a child who is alleged to be delinquent is taken 66
into custody and detained, the child must be given a detention hearing before the 67
juvenile court. (NRS 62C.040) Section 35 of this bill requires the juvenile court to 68
order a qualified professional to evaluate the mental health of a child who : (1) is 69
alleged to have committed certain unlawful acts involving a battery against a school 70
employee or a child welfare professional; and (2) has in the previous year been 71
taken into custody two or more times for certain battery offenses. Section 36 of this 72
bill makes a conforming change related to the detentio n of such children under 73
section 35. 74
Existing law requires a juvenile court to suspend the license of a juvenile under 75
certain circumstances if a child is adjudicated to be in need of supervision because 76
the child: (1) is a habitual truant; (2) committed an unlawful acts related to tobacco; 77
(3) committed certain unlawful acts related to a controlled substance or alcohol; or 78
(4) placed graffiti on or defaced property. (NRS 62E.430, 62E.440, 62E.630, 79
62E.690) Sections 39.2 -39.8 of this bill make various changes to authorize the 80
juvenile court to order the Department of Motor Vehicles to issue a restricted 81
driver’s license to the child if the issuance is in the best interest of the child. 82
Section 76.5 of this bill makes a conform ing change regarding the circumstances 83
under which the Department of Motor Vehicles may issue a restricted driver’s 84
license. 85
Existing law requires a court to discharge a defendant and dismiss the 86
proceedings or set aside the judgment of conviction upon co mpletion of the terms 87
and conditions related to a program of treatment for alcohol or other substance use 88
disorder, a program for treatment of mental illness or a program of treatment for 89
veterans and members of the military or certain other terms and cond itions. 90
Thereafter, existing law requires the sealing of records related to the discharge, 91
dismissal or setting aside a judgment of conviction. (NRS 176.211, 176A.240, 92
176A.245, 176A.260, 176A.265, 176A.290, 176A.295) Sections 42, 44, 46 and 49 93
of this bill provide that the automatic record sealing provisions do not apply to such 94
persons who were charged with certain offenses related to the abuse or neglect of a 95
child or the abuse of an older or vulnerable person. 96
Existing law requires a court to release a ny bail at the time of sentencing, if the 97
court has not already done so, unless the defendant owes fines and costs, in which 98
case, the bail must be applied towards the fines and costs. (NRS 178.522, 178.528) 99
Section 56 of this bill provides that under thes e circumstances if the bail has been 100
deposited by a person other than a surety, and upon notice and the agreement of the 101
person, the bail must first be applied towards the payment of any restitution owed 102
by the defendant. Section 55 of this bill makes a co nforming change related to the 103
procedures prescribed by section 56. 104
Existing law authorizes: (1) a district attorney and any attorney employed by a 105
district attorney to prosecute a person in a county other than the county by which 106
the district attorney is employed for the limited purpose of conducting a pretrial 107
release hearing; and (2) such an attorney to receive a stipend for being available on 108
a weekend or holiday to serve as a prosecuting attorney in a pretrial release hearing. 109
(NRS 178.760) Section 58 of this bill similarly authorizes a city attorney in a 110
county whose population is less than 100,000 (currently all counties except Clark 111
and Washoe Counties) to be deputized to prosecute a person in the county that 112
encompasses the city attorney for the li mited purpose of serving as a prosecuting 113
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attorney in a pretrial release hearing, and authorizes the city attorney to receive the 114
stipend for such services. 115
Existing law authorizes the establishment of correctional programs and judicial 116
programs for the r eentry of offenders and parolees into the community. (NRS 117
209.4871-209.4889) Section 60. 8 authorizes the Department of Corrections to 118
establish an alternative correctional program for the reentry of certain offenders 119
into the community. Sections 60.7, 61.3 and 61.7 of this bill establish and revise 120
various provisions concerning the alternative correctional programs. 121
Existing law authorizes the Director of the Department of Corrections and the 122
sheriff, chief of police or town marshal to establish programs for the treatment of 123
prisoners with a substance use disorder using medication -assisted treatment. (NRS 124
209.4247, 211.400) Sections 61 and 62 of this bill require persons who establish 125
such programs to collaborate with the Department of Health and Human Services if 126
the program relates to opioid use disorder. 127
Existing law : (1) authorizes a board of county commissioners, with certain 128
exceptions, to exercise all powers necessary or proper to address matters of local 129
concern for the effective operation of a county government, whether or not the 130
powers are expressly granted to the board; and (2) defines “matter of local concern” 131
for such purposes. (NRS 244.143, 244.146) Existing law also authorizes a board of 132
county commissioners to enact and enforce local police and sanitary ordinances and 133
regulations that are not in conflict with the general laws and regulations of this 134
State. (NRS 244.357) Section 65.5 of this bill requires a board of county 135
commissioners in a county whose population is 700,000 or more (currently only 136
Clark County) to adopt an ordinance that designates the geographic boundaries of 137
one or more corridors in w hich the commission of crime poses a significant risk to 138
public safety and the economic welfare of this State due to the high concentration 139
of tourists, visitors, employees and other persons in such corridors. Section 65.5 140
provides that a person who is cha rged with, convicted of or the subject of deferred 141
adjudication for any offense punishable as a misdemeanor: (1) for the first offense 142
within the corridor within two years, may as a condition of release, sentencing, 143
suspension of sentence or deferred adjud ication, as applicable, be prohibited from 144
entering the corridor in which the offense occurred for a period not to exceed 1 145
year; and (2) for a second or subsequent offense within the corridor within 2 years, 146
must as a condition of release, sentencing, sus pension of sentence or deferred 147
adjudication, as applicable, be prohibited from entering the corridor in which the 148
offense occurred for a period of not less than 1 year. 149
Section 29.5 of this bill authorizes a justice court, in a county wherein the 150
board of county commissioners adopts an ordinance designating the geographic 151
boundaries of one or more corridors pursuant to section 65.5 , to establish an 152
appropriate program for the adjudication of offenses punishable as a misdemeanor 153
that occurred within the boundaries of such corridors. 154
Section 29.7 of this bill requires a justice court whose jurisdiction includes a 155
corridor established pursuant to section 65.5 to prepare and submit: (1) to the 156
Legislature an annual report containing certain information rega rding crimes that 157
occur within such corridors; and (2) to the respective board of county 158
commissioners a monthly report containing certain information regarding crimes 159
that occur within such corridors. 160
Existing law requires the Department of Health and Human Services to conduct 161
a statewide needs assessment to determine the priorities for allocating money from 162
the Fund for a Resilient Nevada; and (2) based on that needs assessment, develop a 163
statewide plan for allocating the money in the Fund. (NRS 433.734) Existing law 164
also prescribes specific requirements concerning the statewide needs assessment. 165
(NRS 433.736) Section 70 of this bill requires the statewide assessment to establish 166
priorities related to the identification of educational resources to be used for 167
the training of law enforcement and other criminal justice agencies related to 168
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trauma-informed practices and medication -assisted treatment for persons with 169
opioid use disorder. Section 69 of this bill makes a conforming change to refer to 170
provisions renumbered by section 70. 171
Existing law establishes provisions related to peer recovery support services. 172
(NRS 433.622-433.641) Section 66 of this bill requires the Department of Health 173
and Human Services to make available certain information relating to peer recovery 174
support services. Sections 68 and 85-87 of this bill make conforming changes 175
governing the applicability of section 66 to certain existing provisions of law 176
related to peer support services. 177
Existing law sets forth various penalti es involving driving or operating a 178
vehicle or vessel under the influence of alcohol, a controlled substance or a 179
prohibited substance under certain circumstances. (Chapter 484C of NRS, NRS 180
488.400-488.520) Sections 77 and 81 of this bill provide that the prohibition on a 181
person driving or operating a vehicle or vessel with a specific amount of marijuana 182
or marijuana metabolite in his or her blood applies to certain offenses punishable as 183
a felony. Sections 80 and 82 of this bill increase the terms of imprisonment for a 184
person who proximately causes the death of another person while driving or 185
operating a vehicle or vessel under the influence of alcohol or a controlled 186
substance. Additionally, sections 80 and 82 further provide that any such person 187
who proximately causes the death of another person and who ha s previously been 188
once or twice convicted of certain offenses related to driving or operating a vehicle 189
or vessel under the influence of alcohol or a controlled substance is subject to an 190
increased penalty. 191
Sections 87.3 and 87.5 make appropriations to the Interim Finance Committee 192
for allocation to the Department of Corrections and the Administrative Office of the 193
Courts for the purposes of carrying out the provisions of this act. 194
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 1.3. NRS 200.471 is hereby amended to read as follows: 2
200.471 1. As used in this section: 3
(a) “Assault” means: 4
(1) Unlawfully attempting to use physical force against 5
another person; or 6
(2) Intentionally placing another person in reasonable 7
apprehension of immediate bodily harm. 8
(b) “Child protective services” has the meaning ascribed to it 9
in NRS 432B.042. 10
(c) “Child welfare services” has the meaning ascribed to it in 11
NRS 432B.044. 12
(d) “Fire-fighting agency” has the meaning ascribed to it in 13
NRS 239B.020. 14
[(c)] (e) “Health care facility” means a facility licensed 15
pursuant to chapter 449 of NRS, an office of a person listed in NRS 16
629.031, a clinic or any other location, other than a residence, where 17
health care is provided. 18
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[(d)] (f) “Hospitality employee” means a person employed by a 1
resort hotel, resort condominium, arena, stadium or convention 2
center, including, without limitation, a person who is employed in 3
a position of front desk staff, housekeeping, concierge, valet, bell 4
service, gaming floor, food and beve rage, retail, security, facility 5
or hotel administration, count room, management or any other 6
position who is responsible for ensuring a positive guest 7
experience, and whose employment duties require the employee to: 8
(1) Wear identification, clothing, a uniform or other 9
insignia that identifies the employee as working for a resort hotel, 10
resort condominium, arena, stadium or convention center; and 11
(2) Be physically on the property of the resort hotel, resort 12
condominium, arena, stadium or convention ce nter or otherwise 13
traveling within a corridor, as described in section 65.5 of this act. 14
(g) “Officer” means: 15
(1) A person who possesses some or all of the powers of a 16
peace officer; 17
(2) A person employed in a full -time salaried occupation of 18
fire fighting for the benefit or safety of the public; 19
(3) A member of a volunteer fire department; 20
(4) A jailer, guard or other correctional officer of a city or 21
county jail; 22
(5) A prosecuting attorney of an agency or political 23
subdivision of the United States or of this State; 24
(6) A justice of the Supreme Court, judge of the Court of 25
Appeals, district judge, justice of the peace, municipal judge, 26
magistrate, court commissioner, master or referee, including a 27
person acting pro tempore in a capacity listed in this subparagraph; 28
(7) An employee of this State or a political subdivision of 29
this State whose official duties require the employee to make home 30
visits; 31
(8) An employee of this State or a political subdivision of 32
this State who as part of his or her normal job responsibilities: 33
(I) Interacts with the public; and 34
(II) Performs tasks related to child welfare services or 35
child protective services or tasks that expose the person to 36
comparable dangers; 37
(9) A civilian employee or a volunteer of a law enforcement 38
agency whose official duties require the employee or volunteer to: 39
(I) Interact with the public; 40
(II) Perform tasks related to law enforcement; and 41
(III) Wear identification, clothing or a uniform that 42
identifies the employee or volunteer as working or volunteering for 43
the law enforcement agency; 44
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[(9)] (10) A civilian employee or a volunteer of a fire -1
fighting agency whose official duties require the employee or 2
volunteer to: 3
(I) Interact with the public; 4
(II) Perform task s related to fire fighting or fire 5
prevention; and 6
(III) Wear identification, clothing or a uniform that 7
identifies the employee or volunteer as working or volunteering for 8
the fire-fighting agency; or 9
[(10)] (11) A civilian employee or volunteer of t his State or 10
a political subdivision of this State whose official duties require the 11
employee or volunteer to: 12
(I) Interact with the public; 13
(II) Perform tasks related to code enforcement; and 14
(III) Wear identification, clothing or a uniform that 15
identifies the employee or volunteer as working or volunteering for 16
this State or a political subdivision of this State. 17
[(e)] (h) “Provider of health care” means: 18
(1) A physician, a medical student, a perfusionist, an 19
anesthesiologist assistant or a ph ysician assistant licensed pursuant 20
to chapter 630 of NRS, a practitioner of respiratory care, a 21
homeopathic physician, an advanced practitioner of homeopathy, a 22
homeopathic assistant, an osteopathic physician, a physician 23
assistant or anesthesiologist ass istant licensed pursuant to chapter 24
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 25
therapist, a medical laboratory technician, an optometrist, a 26
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 27
of Oriental medici ne, a nurse, a student nurse, a certified nursing 28
assistant, a nursing assistant trainee, a medication aide - certified, a 29
person who provides health care services in the home for 30
compensation, a dentist, a dental student, a dental hygienist, a dental 31
hygienist student, an expanded function dental assistant, an 32
expanded function dental assistant student, a pharmacist, a 33
pharmacy student, an intern pharmacist, an attendant on an 34
ambulance or air ambulance, a psychologist, a social worker, a 35
marriage and fami ly therapist, a marriage and family therapist 36
intern, a clinical professional counselor, a clinical professional 37
counselor intern, a behavior analyst, an assistant behavior analyst, a 38
registered behavior technician, a mental health technician, a licensed 39
dietitian, the holder of a license or a limited license issued under the 40
provisions of chapter 653 of NRS, a public safety officer at a health 41
care facility, an emergency medical technician, an advanced 42
emergency medical technician, a paramedic or a partici pant in a 43
program of training to provide emergency medical services; or 44
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(2) An employee of or volunteer for a health care facility 1
who: 2
(I) Interacts with the public; 3
(II) Performs tasks related to providing health care; and 4
(III) Wears identification, clothing or a uniform that 5
identifies the person as an employee or volunteer of the health care 6
facility. 7
[(f)] (i) “Resort hotel” has the meaning ascribed to it in 8
NRS 463.01865. 9
(j) “School employee” means a licensed or un licensed person 10
employed by a board of trustees of a school district pursuant to NRS 11
391.100 or 391.281. 12
[(g)] (k) “Sporting event” has the meaning ascribed to it in 13
NRS 41.630. 14
[(h)] (l) “Sports official” has the meaning ascribed to it in 15
NRS 41.630. 16
[(i)] (m) “Taxicab” has the meaning ascribed to it in 17
NRS 706.8816. 18
[(j)] (n) “Taxicab driver” means a person who operates a 19
taxicab. 20
[(k)] (o) “Transit operator” means a person who operates a bus 21
or other vehicle as part of a public mass transportation system. 22
[(l)] (p) “Utility worker” means an employee of a public utility 23
as defined in NRS 704.020 whose official duties require the 24
employee to: 25
(1) Interact with the public; 26
(2) Perform tasks related to the operation of the public 27
utility; and 28
(3) Wear identification, clothing or a uniform that identifies 29
the employee as working for the public utility. 30
2. A person convicted of an assault shall be punished: 31
(a) If paragraph (c) or (d) does not apply to the circumstances of 32
the crim e and the assault is not made with the use of a deadly 33
weapon or the present ability to use a deadly weapon, for a 34
misdemeanor. 35
(b) If the assault is made with the use of a deadly weapon or the 36
present ability to use a deadly weapon, for a category B felo ny by 37
imprisonment in the state prison for a minimum term of not less 38
than 1 year and a maximum term of not more than 6 years, or by a 39
fine of not more than $5,000, or by both fine and imprisonment. 40
(c) If paragraph (d) does not apply to the circumstances of the 41
crime and if the assault: 42
(1) Is committed upon: 43
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(I) An officer, a hospitality employee, a school employee, 1
a taxicab driver, a transit operator or a utility worker who is 2
performing his or her duty; 3
(II) A provider of health care while the provider of health 4
care is performing his or her duty or is on the premises where he or 5
she performs that duty; or 6
(III) A sports official based on the performance of his or 7
her duties at a sporting event; and 8
(2) The person charged knew or should have known that the 9
victim was an officer, a hospitality employee, a provider of health 10
care, a school employee, a taxicab driver, a transit operator, a utility 11
worker or a sports official, 12
for a gross misdemeanor, unless the assault is made with the use 13
of a deadly weapon or the present ability to use a deadly weapon, 14
then for a category B felony by imprisonment in the state prison for 15
a minimum term of not less than 1 year and a maximum te rm of not 16
more than 6 years, or by a fine of not more than $5,000, or by both 17
fine and imprisonment. 18
(d) If the assault: 19
(1) Is committed by a probationer, a prisoner who is in 20
lawful custody or confinement or a parolee upon: 21
(I) An officer, a hospitality employee, a school employee, 22
a taxicab driver, a transit operator or a utility worker who is 23
performing his or her duty; 24
(II) A provider of health care while the provider of health 25
care is performing his or her duty or is on the premises where he or 26
she performs that duty; or 27
(III) A sports official based on the performance of his or 28
her duties at a sporting event; and 29
(2) The probationer, prisoner or parolee charged knew or 30
should have known that the victim was an officer, a hospitality 31
employee, a provider of health care, a school employee, a taxicab 32
driver, a transit operator, a utility worker or a sports official, 33
for a category D felony as provided in NRS 193.130, unless the 34
assault is made with the use of a deadly we apon or the present 35
ability to use a deadly weapon, then for a category B felony by 36
imprisonment in the state prison for a minimum term of not less 37
than 1 year and a maximum term of not more than 6 years, or by a 38
fine of not more than $5,000, or by both fine and imprisonment. 39
Sec. 1.7. NRS 200.481 is hereby amended to read as follows: 40
200.481 1. As used in this section: 41
(a) “Battery” means any willful and unlawful use of force or 42
violence upon the person of another. 43
(b) “Child” means a person less than 18 years of age. 44
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(c) “Child protective services” has the meaning ascribed to it 1
in NRS 432B.042. 2
(d) “Child welfare services” has the meaning ascribed to it in 3
NRS 432B.044. 4
(e) “Fire-fighting agency” has the meaning ascribed to it in 5
NRS 239B.020. 6
[(d)] (f) “Hospitality employee” means a person employed by a 7
resort hotel, resort condominium, arena, stadium or convention 8
center, including, without limitation, a person who is emp loyed in 9
a position of front desk staff, housekeeping, concierge, valet, bell 10
service, gaming floor, food and beverage, retail, security, facility 11
or hotel administration, count room, management or any other 12
position who is responsible for ensuring a posit ive guest 13
experience, and whose employment duties require the employee to: 14
(1) Wear identification, clothing, a uniform or other 15
insignia that identifies the employee as working for a resort hotel, 16
resort condominium, arena, stadium or convention center; and 17
(2) Be physically on the property of the resort hotel, resort 18
condominium, arena, stadium or convention center or otherwise 19
traveling within a corridor, as described in section 65.5 of this act. 20
(g) “Officer” means: 21
(1) A person who possesses so me or all of the powers of a 22
peace officer; 23
(2) A person employed in a full -time salaried occupation of 24
fire fighting for the benefit or safety of the public; 25
(3) A member of a volunteer fire department; 26
(4) A jailer, guard, matron or other correctio nal officer of a 27
city or county jail or detention facility; 28
(5) A prosecuting attorney of an agency or political 29
subdivision of the United States or of this State; 30
(6) A justice of the Supreme Court, judge of the Court of 31
Appeals, district judge, justi ce of the peace, municipal judge, 32
magistrate, court commissioner, master or referee, including, 33
without limitation, a person acting pro tempore in a capacity listed 34
in this subparagraph; 35
(7) An employee of this State or a political subdivision of 36
this State whose official duties require the employee to make home 37
visits; 38
(8) An employee of this State or a political subdivision of 39
this State who as part of his or her normal job responsibilities: 40
(I) Interacts with the public; and 41
(II) Performs tas ks related to child welfare services or 42
child protective services or tasks that expose the person to 43
comparable dangers; 44
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(9) A civilian employee or a volunteer of a law enforcement 1
agency whose official duties require the employee or volunteer to: 2
(I) Interact with the public; 3
(II) Perform tasks related to law enforcement; and 4
(III) Wear identification, clothing or a uniform that 5
identifies the employee or volunteer as working or volunteering for 6
the law enforcement agency; 7
[(9)] (10) A civilian employee or a volunteer of a fire -8
fighting agency whose official duties require the employee or 9
volunteer to: 10
(I) Interact with the public; 11
(II) Perform tasks related to fire fighting or fire 12
prevention; and 13
(III) Wear identification, clo thing or a uniform that 14
identifies the employee or volunteer as working or volunteering for 15
the fire-fighting agency; or 16
[(10)] (11) A civilian employee or volunteer of this State or 17
a political subdivision of this State whose official duties require the 18
employee or volunteer to: 19
(I) Interact with the public; 20
(II) Perform tasks related to code enforcement; and 21
(III) Wear identification, clothing or a uniform that 22
identifies the employee or volunteer as working or volunteering for 23
this State or a political subdivision of this State. 24
[(e)] (h) “Provider of health care” has the meaning ascribed to it 25
in NRS 200.471. 26
[(f)] (i) “Resort hotel” has the meaning ascribed to it in 27
NRS 463.01865. 28
(j) “School employee” means a licensed or unlicensed person 29
employed by a board of trustees of a school district pursuant to NRS 30
391.100 or 391.281. 31
[(g)] (k) “Sporting event” has the meaning ascribed to it in 32
NRS 41.630. 33
[(h)] (l) “Sports official” has the meaning ascribed to it in 34
NRS 41.630. 35
[(i)] (m) “Strangulation” means intentionally applying 36
sufficient pressure to another person to make it difficult or 37
impossible for the person to breathe, including, without limitation, 38
applying pressure to the neck, throat or windpipe that may prevent 39
or hinder b reathing or reduce the intake of air, or applying any 40
pressure to the neck on either side of the windpipe, but not the 41
windpipe itself, to stop the flow of blood to the brain via the carotid 42
arteries. 43
[(j)] (n) “Taxicab” has the meaning ascribed to it in 44
NRS 706.8816. 45
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[(k)] (o) “Taxicab driver” means a person who operates a 1
taxicab. 2
[(l)] (p) “Transit operator” means a person who operates a bus 3
or other vehicle as part of a public mass transportation system. 4
[(m)] (q) “Utility worker” means an employee of a public utility 5
as defined in NRS 704.020 whose official duties require the 6
employee to: 7
(1) Interact with the public; 8
(2) Perform tasks related to the operation of the public 9
utility; and 10
(3) Wear identification, clothing or a uniform that iden tifies 11
the employee as working for the public utility. 12
2. Except as otherwise provided in NRS 200.485, a person 13
convicted of a battery, other than a battery committed by an adult 14
upon a child which constitutes child abuse, shall be punished: 15
(a) If the battery is not committed with a deadly weapon, and no 16
substantial bodily harm to the victim results, except under 17
circumstances where a greater penalty is provided in this section or 18
NRS 197.090, for a misdemeanor. 19
(b) If the battery is not committed with a deadly weapon, and 20
either substantial bodily harm to the victim results or the battery is 21
committed by strangulation, for a category C felony as provided in 22
NRS 193.130. 23
(c) If: 24
(1) The battery is committed upon: 25
(I) An officer, hospitality employ ee, school employee, 26
taxicab driver, transit operator or utility worker who was performing 27
his or her duty; 28
(II) A provider of health care while the provider of health 29
care is performing his or her duty or is on the premises where he or 30
she performs that duty; or 31
(III) A sports official based on the performance of his or 32
her duties at a sporting event; 33
(2) The officer, hospitality employee, provider of health care, 34
school employee, taxicab driver, transit operator, utility worker or 35
sports official suffers substantial bodily harm or the battery is 36
committed by strangulation; and 37
(3) The person charged knew or should have known that the 38
victim was an officer, hospitality employee, provider of health care, 39
school employee, taxicab driver, transit op erator, utility worker or 40
sports official, 41
for a category B felony by imprisonment in the state prison for a 42
minimum term of not less than 2 years and a maximum term of not 43
more than 10 years, or by a fine of not more than $10,000, or by 44
both fine and imprisonment. 45
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(d) If the battery: 1
(1) Is committed upon: 2
(I) An officer, hospitality employee, school employee, 3
taxicab driver, transit operator or utility worker who is performing 4
his or her duty; 5
(II) A provider of health care while the provider of health 6
care is performing his or her duty or is on the premises where he or 7
she performs that duty; or 8
(III) A sports official based on the performance of his or 9
her duties at a sporting event; and 10
(2) The person charged knew or should have known t hat the 11
victim was an officer, hospitality employee, provider of health care, 12
school employee, taxicab driver, transit operator, utility worker or 13
sports official, 14
for a gross misdemeanor, except under circumstances where a 15
greater penalty is provided in this section. 16
(e) If the battery is committed with the use of a deadly weapon, 17
and: 18
(1) No substantial bodily harm to the victim results, for a 19
category B felony by imprisonment in the state prison for a 20
minimum term of not less than 2 years and a maxi mum term of not 21
more than 10 years, and may be further punished by a fine of not 22
more than $10,000. 23
(2) Substantial bodily harm to the victim results or the 24
battery is committed by strangulation, for a category B felony by 25
imprisonment in the state priso n for a minimum term of not less 26
than 2 years and a maximum term of not more than 15 years, and 27
may be further punished by a fine of not more than $10,000. 28
(f) If the battery is committed by a probationer, a prisoner who 29
is in lawful custody or confinemen t or a parolee, without the use of 30
a deadly weapon, whether or not substantial bodily harm results and 31
whether or not the battery is committed by strangulation, for a 32
category B felony by imprisonment in the state prison for a 33
minimum term of not less than 1 year and a maximum term of not 34
more than 6 years. 35
(g) If the battery is committed by a probationer, a prisoner who 36
is in lawful custody or confinement or a parolee, with the use of a 37
deadly weapon, and: 38
(1) No substantial bodily harm to the victim re sults, for a 39
category B felony by imprisonment in the state prison for a 40
minimum term of not less than 2 years and a maximum term of not 41
more than 10 years. 42
(2) Substantial bodily harm to the victim results or the 43
battery is committed by strangulation, f or a category B felony by 44
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imprisonment in the state prison for a minimum term of not less 1
than 2 years and a maximum term of not more than 15 years. 2
Sec. 2. NRS 200.575 is hereby amended to read as follows: 3
200.575 1. A person who, without lawful authority, willfully 4
or maliciously engages in a course of conduct directed towards a 5
victim that would cause a reasonable person under similar 6
circumstances to feel terrorized, frightened, intimidated, harassed or 7
fearful for hi s or her immediate safety or the immediate safety of a 8
family or household member [,] or a person with whom the victim 9
has had or is having a dating relationship, and that actually causes 10
the victim to feel terrorized, frightened, intimidated, harassed or 11
fearful for his or her immediate safety or the immediate safety of a 12
family or household member [,] or a person with whom the victim 13
has had or is having a dating relationship, commits the crime of 14
stalking. Except where the provisions of subsection 2, 3 o r 4 are 15
applicable, a person who commits the crime of stalking: 16
(a) For the first offense, is guilty of a misdemeanor. 17
(b) For the second offense, is guilty of a gross misdemeanor. 18
(c) For the third or any subsequent offense, is guilty of a 19
category C f elony and shall be punished by imprisonment in the 20
state prison for a minimum term of not less than 1 year and a 21
maximum term of not more than 5 years, and may be further 22
punished by a fine of not more than $5,000. 23
2. Except as otherwise provided in subsection 3 or 4 and unless 24
a more severe penalty is prescribed by law, a person who commits 25
the crime of stalking where the victim is under the age of 16 and the 26
person is 5 or more years older than the victim: 27
(a) For the first offense, is guilty of a gross misdemeanor. 28
(b) For the second offense, is guilty of a category C felony and 29
shall be punished by imprisonment in the state prison for a 30
minimum term of not less than 2 years and a maximum term of not 31
more than 5 years, and may be further punished by a fine of not 32
more than $5,000. 33
(c) For the third or any subsequent offense, is guilty of a 34
category B felony and shall be punished by imprisonment in the 35
state prison for a minimum term of not less than 2 years and a 36
maximum term of not more than 15 years , and may be further 37
punished by a fine of not more than $5,000. 38
3. A person who commits the crime of stalking and in 39
conjunction therewith threatens the person with the intent to cause 40
the person to be placed in reasonable fear of death or substantial 41
bodily harm commits the crime of aggravated stalking. A person 42
who commits the crime of aggravated stalking shall be punished for 43
a category B felony by imprisonment in the state prison for a 44
minimum term of not less than 2 years and a maximum term of not 45
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more than 15 years, and may be further punished by a fine of not 1
more than $5,000. 2
4. A person who commits the crime of stalking [with the use of 3
an Internet or network site, electronic mail, text messaging or any 4
other similar means of communication ] by electronic means to 5
publish, display or distribute information in a manner that 6
substantially increases the risk of harm or violence to the victim 7
shall be punished for a category C felony as provided in 8
NRS 193.130. 9
5. If any act engaged in by a person was part of the course of 10
conduct that constitutes the crime of stalking and was initiated or 11
had an effect on the victim in this State, the person may be 12
prosecuted in this State. 13
6. Except as otherwise provided in subsection 2 of NRS 14
200.571, a crimin al penalty provided for in this section may be 15
imposed in addition to any penalty that may be imposed for any 16
other criminal offense arising from the same conduct or for any 17
contempt of court arising from the same conduct. 18
7. If the court finds that a person convicted of stalking pursuant 19
to this section committed the crime against a person listed in 20
subsection 1 of NRS 33.018 and that the victim has an ongoing, 21
reasonable fear of physical harm, the court shall enter the finding in 22
its judgment of conviction or admonishment of rights. 23
8. If the court includes such a finding in a judgment of 24
conviction or admonishment of rights issued pursuant to this 25
section, the court shall: 26
(a) Inform the person convicted that he or she is prohibited from 27
owning, poss essing or having under his or her control or custody 28
any firearm pursuant to NRS 202.360; and 29
(b) Order the person convicted to permanently surrender, sell or 30
transfer any firearm that he or she owns or that is in his or her 31
possession or under his or her custody or control in the manner set 32
forth in NRS 202.361. 33
9. A person who violates any provision included in a judgment 34
of conviction or admonishment of rights issued pursuant to this 35
section concerning the surrender, sale, transfer, ownership, 36
possession, custody or control of a firearm is guilty of a category B 37
felony and shall be punished by imprisonment in the state prison for 38
a minimum term of not less than 1 year and a maximum term of not 39
more than 6 years, and may be further punished by a fine of not 40
more than $5,000. The court must include in the judgment of 41
conviction or admonishment of rights a statement that a violation of 42
such a provision in the judgment or admonishment is a category B 43
felony and shall be punished by imprisonment in the state prison for 44
a minimum term of not less than 1 year and a maximum term of not 45
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- *SB457_R2*
more than 6 years, and may be further punished by a fine of not 1
more than $5,000. 2
10. The penalties provided in this section do not preclude the 3
victim from seeking any other legal remedy available. 4
11. As used in this section: 5
(a) “Act” includes, without limitation, accessing a social media 6
account of a specified person. 7
(b) “Course of conduct” means [a pattern of conduct which 8
consists of] two or more acts conducted in person or by electronic 9
means over a period of time that evidences a continuity of purpose 10
directed at a specific person. 11
[(b)] (c) “Dating relationship” has the meaning ascribed to it 12
in NRS 33.018. 13
(d) “Electronic means” includes, without limitation, throu gh 14
the use of an Internet or network site, a social media 15
communication, electronic mail, text messaging or any other 16
similar means of communication used to electronically publish, 17
display or distribute information. 18
(e) “Family or household member” means a spouse, a former 19
spouse, a parent or other person who is related by blood or marriage 20
or is or was actually residing with the person. 21
[(c)] (f) “Internet or network site” has the meaning ascribed to it 22
in NRS 205.4744. 23
[(d)] (g) “Network” has the meaning ascribed to it in 24
NRS 205.4745. 25
[(e)] (h) “Offense” includes, without limitation, a violation of 26
the law of any other jurisdiction that prohibits the same or similar 27
conduct set forth in this section. 28
(i) “Social media communication” means: 29
(1) A private communication, including, without limitation, 30
a message or image, sent between users of a social media 31
platform; or 32
(2) A communication, including, without limitation, a 33
message or image, which is made available or otherwise shared on 34
a social media platform and which is visible to other users of the 35
social media platform or the public. 36
[(f)] (j) “Text messaging” means a communication in the form 37
of electronic text or one or more electronic images sent from a 38
telephone or computer to another person’s telephone or computer by 39
addressing the communication to the recipient’s telephone number. 40
[(g)] (k) “Without lawful authority” includes acts which are 41
initiated or continued without the victim’s consent. The term does 42
not include acts which are otherwise protected or authorized by 43
constitutional or statutory law, regulation or order of a court of 44
competent jurisdiction, including, but not limited to: 45
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(1) Picketing which occurs during a strike, work stoppage or 1
any other labor dispute. 2
(2) The activities of a reporter, photographer, camera 3
operator or other person while gathering information for 4
communication to the public if that person is employed or engaged 5
by or has contracted with a newspaper, periodical, press assoc iation 6
or radio or television station and is acting solely within that 7
professional capacity. 8
(3) The activities of a person that are carried out in the 9
normal course of his or her lawful employment. 10
(4) Any activities carried out in the exercise of th e 11
constitutionally protected rights of freedom of speech and assembly. 12
Sec. 2.5. (Deleted by amendment.) 13
Sec. 3. NRS 200.730 is hereby amended to read as follows: 14
200.730 [A] 15
1. Subject to subsection 2, a person who knowingly and 16
willfully [has in his or her possession ] possesses for any purpose 17
any film, photograph or other visual presentation depicting a person 18
under the age of 16 years as the subject of a sexual portrayal or 19
engaging in or simulating, or assisting others to engage in or 20
simulate, sexual conduct: 21
[1.] (a) For the first offense, is guilty of a category B felony and 22
shall be punished by imprisonment in the state prison for a 23
minimum term of not less than 1 year an d a maximum term of not 24
more than 6 years, and may be further punished by a fine of not 25
more than $5,000. 26
[2.] (b) For any subsequent offense, is guilty of a category A 27
felony and shall be punished by imprisonment in the state prison for 28
a minimum term of not less than 1 year and a maximum term of life 29
with the possibility of parole, and may be further punished by a fine 30
of not more than $5,000. 31
2. Each person under the age of 16 years depicted in any 32
film, photograph or other visual presentation describ ed in 33
subsection 1 constitutes a separate offense for purposes of this 34
section. 35
Sec. 4. Chapter 202 of NRS is hereby amended by adding 36
thereto a new section to read as follows: 37
1. If a court orders a person to surrender, sell or transfer any 38
firearm pursuant to NRS 202.361, the court shall require the 39
person to appear for a compliance hearing to determine whether 40
the person has complied with the provisions of the order for the 41
surrender, sale or transfer of the firearm. 42
2. Except as otherwise provided in subsection 3, the court 43
shall schedule the compliance hearing not earlier than 2 business 44
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days nor later than 5 business days after the issuance of the order 1
for the surrender, sale or transfer of the firearm. 2
3. If a p erson is in custody at the time that the compliance 3
hearing is scheduled pursuant to subsection 2, the court shall 4
reschedule the compliance hearing to a date that is not later than 5
1 business day after the release of the person from custody. 6
4. The court may cancel the compliance hearing if: 7
(a) The person provides the affidavit described in paragraph 8
(d) of subsection 1 of NRS 202.361; 9
(b) The person provides the receipt or other documentation 10
required by subsection 2, 3 or 4 of NRS 202.361, as applicable; or 11
(c) The court issues a search warrant pursuant to subsection 5 12
of NRS 202.361. 13
Sec. 5. NRS 202.253 is hereby amended to read as follows: 14
202.253 As used in NRS 202.253 to 202.369, inclusive [:] , 15
and section 4 of this act: 16
1. “Antique firearm” has the meaning ascribed to it in 18 17
U.S.C. § 921(a)(16). 18
2. “Explosive or incendiary device” means any explosive or 19
incendiary material or substance that has been constructed, altered, 20
packaged or arranged in suc h a manner that its ordinary use would 21
cause destruction or injury to life or property. 22
3. “Firearm” means any device designed to be used as a 23
weapon from which a projectile may be expelled through the barrel 24
by the force of any explosion or other form of combustion. 25
4. “Firearm capable of being concealed upon the person” 26
applies to and includes all firearms having a barrel less than 12 27
inches in length. 28
5. “Firearms importer or manufacturer” means a person 29
licensed to import or manufacture firearms p ursuant to 18 U.S.C. 30
Chapter 44. 31
6. “Machine gun” means any weapon which shoots, is 32
designed to shoot or can be readily restored to shoot more than one 33
shot, without manual reloading, by a single function of the trigger. 34
7. “Motor vehicle” means every vehicle that is self-propelled. 35
8. “Semiautomatic firearm” means any firearm that: 36
(a) Uses a portion of the energy of a firing cartridge to extract 37
the fired cartridge case and chamber the next shell or round; 38
(b) Requires a separate function of the t rigger to fire each 39
cartridge; and 40
(c) Is not a machine gun. 41
9. “Unfinished frame or receiver” means a blank, a casting or a 42
machined body that is intended to be turned into the frame or lower 43
receiver of a firearm with additional machining and which has been 44
formed or machined to the point at which most of the major 45
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machining operations have been completed to turn the blank, casting 1
or machined body into a frame or lower receiver of a firearm even if 2
the fire-control cavity area of the blank, casting or machined body is 3
still completely solid and unmachined. 4
Sec. 6. (Deleted by amendment.) 5
Sec. 7. (Deleted by amendment.) 6
Sec. 8. (Deleted by amendment.) 7
Sec. 9. (Deleted by amendment.) 8
Sec. 10. (Deleted by amendment.) 9
Sec. 11. (Deleted by amendment.) 10
Sec. 12. (Deleted by amendment.) 11
Sec. 13. (Deleted by amendment.) 12
Sec. 14. (Deleted by amendment.) 13
Sec. 15. (Deleted by amendment.) 14
Sec. 16. (Deleted by amendment.) 15
Sec. 17. (Deleted by amendment.) 16
Sec. 18. (Deleted by amendment.) 17
Sec. 19. (Deleted by amendment.) 18
Sec. 20. (Deleted by amendment.) 19
Sec. 21. (Deleted by amendment.) 20
Sec. 22. (Deleted by amendment.) 21
Sec. 23. (Deleted by amendment.) 22
Sec. 24. (Deleted by amendment.) 23
Sec. 25. (Deleted by amendment.) 24
Sec. 26. (Deleted by amendment.) 25
Sec. 27. (Deleted by amendment.) 26
Sec. 28. (Deleted by amendment.) 27
Sec. 29. (Deleted by amendment.) 28
Sec. 29.1. Chapter 205 of NRS is hereby amended by adding 29
thereto a new section to read as follows: 30
1. If a person intentionally causes property damage to a retail 31
establishment during the commission of a theft offense and the 32
aggregate value of the amount involved in the theft or property 33
damage, or any combination thereof, is $750 or more, the person 34
is guilty of a category C felony and shall be punished as provided 35
in NRS 193.130. 36
2. As used in this section: 37
(a) “Retail establishment” means an establishment that sells 38
goods or merchandise from a fixed location for direct 39
consumption by a purchaser. The term includes, without 40
limitation, an establishment that prepares and sells meals or other 41
edible products , regardless of the place of consumption by the 42
consumer. 43
(b) “Theft offense” means a violation of NRS 205.0832 or 44
205.240, as applicable. 45
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Sec. 29.3. Chapter 4 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 29.5 and 29.7 of this act. 2
Sec. 29.5. 1. In a county wherein the board of county 3
commissioners adopts an ordinance that designates the 4
geographic boundaries of one or more corridors pursuant to 5
section 65.5 of this act, a justice court may establish an 6
appropriate program for the adjudication of offenses punishable 7
as a misdemeanor that occurred within such corridors. 8
2. Under a program established pursuant to subsection 1, a 9
justice court may rescind an order prohibiting a person from 10
entering a corridor upon the successful completion by the person 11
of a diversion program for w hich participation is a condition of 12
release, sentencing, suspended sentence or deferred adjudication. 13
Sec. 29.7. 1. On or before July 1 of each year, a justice 14
court whose jurisdiction includes a corridor established pursuant 15
to section 65.5 of this act shall prepare and submit an annual 16
report to the Legislature. 17
2. Except as otherwise provided in subsection 5, the report 18
prepared and submitted pursuant to subsection 1 must include, 19
without limitation: 20
(a) The number of persons charged, convicted and sentenced 21
for any offense punishable as a misdemeanor in the corridor 22
during the immediately preceding year; 23
(b) The underlying crime for which such persons were 24
charged, convicted and sentenced in the corridor during th e 25
immediately preceding year; 26
(c) The rate of successful completion of the sentence or 27
condition of release, which must be expressed as the percentage of 28
persons who successfully completed the sentence or condition of 29
release imposed by the court out of t he total number of persons 30
sentenced by the court; 31
(d) The number of persons subject to an order prohibiting a 32
person from entering the geographic boundaries of a corridor 33
designated by ordinance in the immediately preceding year, 34
including, without limit ation, whether the person has been 35
charged or convicted of a repeat offense within a corridor; and 36
(e) The information described in paragraphs (a) to (d), 37
inclusive, pertaining to any person who has been ordered, 38
assigned or sentenced to a diversion program. 39
3. Not later than the last day of each calendar month, a 40
justice court whose jurisdiction includes a corridor established 41
pursuant to section 65.5 of this act shall prepare and submit a 42
monthly report to the board of county commissioners. 43
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4. Except as otherwise provided in subsection 5, the report 1
prepared and submitted pursuant to subsection 3 must include, 2
without limitation: 3
(a) Any information required to be submitted to the 4
Legislature pursuant to subsection 2; 5
(b) The total number of cases involving offenses punishable as 6
a misdemeanor that were committed within a corridor; 7
(c) For each case reported pursuant to paragraph (b): 8
(1) The name of the presiding justice of the peace; 9
(2) The case number or other case identifier used by the 10
justice court for each case; 11
(3) Whether the person is a repeat offender for an offense 12
committed within the corridor; and 13
(4) If the person is a repeat offender for an offense 14
committed within a corridor: 15
(I) The duration of the time that has passe d between the 16
commission of the offenses; 17
(II) The conditions of the sentences for the offenses; 18
and 19
(III) Whether the defendant was incarcerated for the 20
offenses. 21
5. Any report submitted pursuant to this section must not 22
include any identifying information of the: 23
(a) Person who was the subject of an order prohibiting the 24
person from entering a corridor; or 25
(b) Business or location where the underlying offense 26
occurred. 27
Sec. 30. Chapter 33 of NRS is hereby amended by adding 28
thereto a new section to read as follows: 29
1. If a court orders an adverse party to surrender, sell or 30
transfer any firearm pursuant to NRS 33.031, the court shall 31
require the adverse party to appear for a compliance hearing to 32
determine whethe r the adverse party has complied with the 33
provisions of the order for the surrender, sale or transfer of the 34
firearm. 35
2. Except as otherwise provided in subsection 3, the court 36
shall schedule the compliance hearing not earlier than 2 business 37
days nor later than 5 business days after the issuance of the order 38
for the surrender, sale or transfer. 39
3. If an adverse party is in custody at the time that the 40
compliance hearing is scheduled pursuant to subsection 2, the 41
court shall reschedule the compliance hearing to a date that is not 42
later than 1 business day after the release of the adverse party 43
from custody. 44
4. The court may cancel the compliance hearing if: 45
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- *SB457_R2*
(a) The person provides the affidavit described in paragraph 1
(d) of subsection 1 of NRS 33.033; 2
(b) The adverse party provides the receipt or other 3
documentation required by subsection 2, 3 or 4 of NRS 33.033, as 4
applicable; or 5
(c) The court issues a search warrant pursuant to subsection 5 6
of NRS 33.033. 7
Sec. 31. NRS 33.017 is hereby amended to read as follows: 8
33.017 As used in NRS 33.017 to 33.100, inclusive, and 9
section 30 of this act, unless the context otherwise requires: 10
1. “Extended order” means an extended order for protection 11
against domestic violence. 12
2. “Temporary order” means a temporary order for protection 13
against domestic violence. 14
Sec. 32. NRS 33.018 is hereby amended to read as follows: 15
33.018 1. Domestic violence occurs when a person commits 16
one of the following acts against or upon the person’s spouse or 17
former spouse, any other person to whom the person is related by 18
blood or marriage, any other person with whom the person has had 19
or is having a dating relationship, any other person with whom the 20
person has a child in common, the minor child of any of those 21
persons, the person’s minor child or any other person who has been 22
appointed the custodian or legal guardian for the person’s minor 23
child: 24
(a) A battery. 25
(b) An assault. 26
(c) Coercion pursuant to NRS 207.190. 27
(d) A sexual assault. 28
(e) A knowing, purposeful or reckless course of conduct 29
intended to harass the other person. Such conduct may include, but 30
is not limited to: 31
(1) Stalking. 32
(2) Arson. 33
(3) Trespassing. 34
(4) Larceny. 35
(5) Destruction of private property. 36
(6) Carrying a concealed weapon without a permit. 37
(7) Injuring or killing an animal. 38
(8) Burglary. 39
(9) An invasion of the home. 40
(f) A false imprisonment. 41
(g) Pandering. 42
(h) A kidnapping. 43
(i) An attempt or solicitation to commit an offense described in 44
paragraphs (a) to (h), inclusive. 45
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2. The provisions of this section do not apply to: 1
(a) Siblings, except those siblings who are in a custodial or 2
guardianship relationship with each other; or 3
(b) Cousins, except those c ousins who are in a custodial or 4
guardianship relationship with each other. 5
3. As used in this section, “dating relationship” means 6
frequent, intimate associations primarily characterized by the 7
expectation of affectional or sexual involvement. The term does not 8
include a casual relationship or an ordinary association between 9
persons in a business or social context. 10
Sec. 33. (Deleted by amendment.) 11
Sec. 34. (Deleted by amendment.) 12
Sec. 34.3. NRS 41.910 is hereby amended to read as follows: 13
41.910 1. If a court finds that a person is entitled to a 14
judgment pursuant to NRS 41.900, the court shall enter a certificate 15
of innocence finding that the person was innocent of the felony for 16
which the person was wrongfully convicted. 17
2. If a court does not find that a person is entitled to a judgment 18
pursuant to NRS 41.900, the action must be dismissed and the court 19
shall not enter a certificate of innocence. 20
3. Upon an entry of a certificate of innocence pursuant to 21
subsection 1, the court shall order sealed all records of the 22
conviction, except such records maintained by the parties 23
concerning a civil action for wrongful conviction brought pursuant 24
to NRS 41.900, which are in the custody of any agency of criminal 25
justice or any public or private agency, company, official or other 26
custodian of records in the State of Nevada and shall order all such 27
records of the person returned to the file of the court where the 28
underlying criminal action was commenced from, including, without 29
limitation, the Federal Bureau of Investigation and all other agencies 30
of criminal justice which maintain such records and which are 31
reasonably known by either the person or the court to have 32
possession of such records. Such records must be sealed regardless 33
of whether the person has any prior criminal convictions in this 34
State. 35
4. The records maintained by the parties concerning a civil 36
action for wrongful conviction pursuant to subsection 3 must remain 37
confidential. 38
5. The entry of a certificate of innocence pursuant to 39
subsection 1 and the provision of an award pursuant to NRS 40
41.950 shall not be construed to be a finding that: 41
(a) A person involved in the investigation, prosecution or 42
conviction of the underlying offense committed any wrongdoing; 43
or 44
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(b) There was not probabl e cause to arrest or file a complaint 1
against the person subject to the certificate of innocence. 2
Sec. 34.7. (Deleted by amendment.) 3
Sec. 35. Chapter 62C of NRS is hereby amended by adding 4
thereto a new section to read as follows: 5
1. A child must not be released before a detention hearing is 6
held pursuant to NRS 62C.040 if the child: 7
(a) Is taken into custody for an unlawful act in violation of 8
NRS 200.481 against a school employee or child welfare 9
professional; and 10
(b) Has, in the previous year, been taken two or more times 11
into custody for an unlawful act in violation of paragraph (d) of 12
subsection 2 of NRS 200.481 for which: 13
(1) The child has been placed on informal supervision 14
pursuant to NRS 62C.200; or 15
(2) A petition has been filed alleging that the child is 16
delinquent. 17
2. At the detention hearing, the juvenile court shal l order the 18
mental health of the child to be evaluated by a qualified 19
professional, if the child has not been ordered by the court to be so 20
evaluated in the previous year. 21
3. If an evaluation is required by subsection 2 , the court 22
shall: 23
(a) Detain the child at a facility for the detention of children 24
for not more than 14 days or until the completion of the 25
evaluation, whichever is sooner; or 26
(b) Place the child under a program of supervision in the 27
home of the child that may include electron ic surveillance of the 28
child. 29
4. If a child is evaluated by a qualified professional pursuant 30
to subsection 2, the statements made by the child to the qualified 31
professional during the evaluation and any evidence directly or 32
indirectly derived from those statements may not be used for any 33
purpose in a proceeding which is conducted to prove that the child 34
committed a delinquent act or criminal offense. The provisions of 35
this subsection do not prohibit the district attorney from proving 36
that the child commi tted a delinquent act or criminal offense 37
based upon evidence obtained from sources or by means that are 38
independent of the statements made by the child to the qualified 39
professional during the evaluation. 40
5. As used in this section: 41
(a) “Child protective services” has the meaning ascribed to it 42
in NRS 432B.042. 43
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(b) “Child welfare professional” means an employee of this 1
State or a political subdivision of this State who as part of his or 2
her job responsibilities: 3
(1) Interacts with the public; and 4
(2) Performs tasks related to child welfare service s or child 5
protective services or tasks that expose the person to comparable 6
dangers. 7
(c) “Child welfare services” has the meaning ascribed to it in 8
NRS 432B.044. 9
(d) “School employee” means any licensed or unlicensed 10
person employed by a board of trustees of a school district 11
pursuant to NRS 391.100 or 391.281. 12
Sec. 36. NRS 62C.100 is hereby amended to read as follows: 13
62C.100 1. When a complaint is made alleging that a child is 14
delinquent or in need of supervision: 15
(a) The complaint must be referred to a probation officer of the 16
appropriate county; and 17
(b) The probation officer shall conduct a preliminary inquiry to 18
determine whether the best interests of the child or of the public: 19
(1) Require that a petition be filed; or 20
(2) Would better be served by placing the child under 21
informal supervision pursuant to NRS 62C.200. 22
2. If, after conducting the preliminary inquiry, the probation 23
officer recommends the filing of a petition, the district attorney shall 24
determine whether to file the petition. 25
3. If, after conducting the preliminary inquiry, the probation 26
officer does not recommend the filing of a petition or that the child 27
be placed under informal supervision, the probation officer must 28
notify the complainant regarding the complainant’s right to seek a 29
review of the complaint by the district attorney. 30
4. If the complainant seeks a review of the complaint by the 31
district attorney, the district attorney shall: 32
(a) Review the facts presented by the complainant; 33
(b) Consult with the probation officer; and 34
(c) File the petition with the juvenile court if the district attorney 35
believes that the filing of the petition is necessary to protect the 36
interests of the child or of the public. 37
5. The determination of the district attorney concerning 38
whether to file the petition is final. 39
6. Except as otherwise provided in NRS 62C.060 [,] and 40
section 35 of this act, if a child is in detention or shelter care, the 41
child must be released immediately if a petition alleging that the 42
child is delinquent or in need of supervision is not: 43
(a) Approved by the district attorney; or 44
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(b) Filed within 4 days after the date the complaint was referred 1
to the probation officer, excluding Saturdays, Sundays and holidays, 2
except that the juvenile court may, for good cause shown by the 3
district attorney, allow an additional 4 days for the filing of the 4
petition, excluding Saturdays, Sundays and holidays. 5
Sec. 37. (Deleted by amendment.) 6
Sec. 38. (Deleted by amendment.) 7
Sec. 39. (Deleted by amendment.) 8
Sec. 39.2. NRS 62E.430 is hereby amended to read as follows: 9
62E.430 1. [If] Except as otherwise provided in this section, 10
if a child is adjudicated to be in need of supervision because the 11
child is a habitual truant, the juvenile court shall: 12
(a) The first time the child is adjudicated to be in need of 13
supervision because the child is a habitual truant: 14
(1) Order: 15
(I) The child to pay a fine of not more than $100 or, if the 16
parent or guardian of the child knowingly induced the child to be a 17
habitual truant, order the parent or guardian to pay the fine; or 18
(II) The child to perform not less than 8 hours but not 19
more than 16 hours of community service; and 20
(2) If the child is 14 years of age or older, order the 21
suspension of the driver’s license of the child for at least 30 days but 22
not more than 6 months. If the child does not possess a driver’s 23
license, the juvenile court shall prohibit the child from applying for 24
a driver’s license for 30 days: 25
(I) Immediately following the date of the order if the child 26
is eligible to apply for a driver’s license; or 27
(II) After the date the child becomes eligible to apply for 28
a driver’s license if the child is not eligible to apply for a driver’s 29
license. 30
(b) The second or any subsequent time the child is adjudicated 31
to be in need of supervision because the child is a habitual truant: 32
(1) Order: 33
(I) The child to pay a fine of not more than $200 or, if the 34
parent or guardian of the child knowingly induced the child to be a 35
habitual truant, order the parent or guardian to pay the fine; 36
(II) The child to perform not more than 10 hours of 37
community service; or 38
(III) Compliance with the requirements set forth in both 39
sub-subparagraphs (I) and (II); and 40
(2) If the child is 14 years of age or older, order the 41
suspension of the driver’s license of the child for at least 60 days but 42
not more than 1 year. If the child does not possess a driver’s license, 43
the juvenile court shall prohibit the child from applying for a 44
driver’s license for 60 days: 45
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(I) Immediately following the date of the order if the child 1
is eligible to apply for a driver’s license; or 2
(II) After the date the child becomes eligible to apply for 3
a driver’s license if the child is not eligible to apply for a driver’s 4
license. 5
2. The juvenile court may su spend the payment of a fine 6
ordered pursuant to paragraph (a) of subsection 1 if the child attends 7
school for 60 consecutive school days, or its equivalent in a school 8
district operating under an alternative schedule authorized pursuant 9
to NRS 388.090, aft er the imposition of the fine, or has a valid 10
excuse acceptable to the child’s teacher or the principal for any 11
absence from school within that period. 12
3. The juvenile court may suspend the payment of a fine 13
ordered pursuant to this section if the parent or guardian of a child is 14
ordered to pay a fine by another court of competent jurisdiction in a 15
case relating to or arising out of the same circumstances that caused 16
the juvenile court to adjudicate the child in need of supervision. 17
4. The community service ordered pursuant to this section must 18
be performed at the child’s school of attendance, if practicable. 19
5. If the juvenile court finds that the suspension of the 20
driver’s license of a child pursuant to this section is not in the best 21
interest of the child, the juvenile court may order the Department 22
of Motor Vehicles to issue the child a restricted driver’s license 23
pursuant to NRS 483.490. 24
6. If the juvenile court issues an order requiring the 25
Department of Motor Vehicles to issue a restricted driver’s license 26
to a child pursuant to subsection 5, not later than 5 days after 27
issuing the order, the juvenile court shall forward to the 28
Department of Motor Vehicles a copy of the order. 29
Sec. 39.4. NRS 62E.440 is hereby amended to read as follows: 30
62E.440 1. [If] Except as otherwise provided in this section, 31
if a child is adjudicated to be in need of supervision because the 32
child has committed an offense related to tobacco, the juvenile court 33
may: 34
(a) The first time the child is adjudicated to be in need of 35
supervision because the child has committed an offense related to 36
tobacco, order the child to: 37
(1) Pay a fine of $25; and 38
(2) Attend and complete a tobacco awareness and cessation 39
program. 40
(b) The second time the child is adjudicated to be in need of 41
supervision because the child has committed an offense related to 42
tobacco, order the child to: 43
(1) Pay a fine of $50; and 44
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- *SB457_R2*
(2) Attend and complete a tobacco awareness and cessation 1
program. 2
(c) The third or any subsequent time the child is adjudicated to 3
be in need of supervision because the child has committed an 4
offense related to tobacco, order: 5
(1) The child to pay a fine of $75; 6
(2) The child to attend and complete a tobacco awareness 7
and cessation program; and 8
(3) That the driver’s license of the child be suspended for at 9
least 30 days but not more than 90 days or, if the child does not 10
possess a driver’s license, prohibit the child from receiving a 11
driver’s license for at least 30 days but not more than 90 days: 12
(I) Immediately following the date of the order, if the 13
child is eligible to receive a driver’s license. 14
(II) After the date the child becomes eligible to apply for 15
a driver’s license, if the child is not eligible to receive a license on 16
the date of the order. 17
2. If the juvenile court orders a child to pay a fine pursuant to 18
this section and the child willfully fails to pay the fine, the juvenile 19
court may order that the driver’s license of the child be suspended 20
for at least 30 days bu t not more than 90 days or, if the child does 21
not possess a driver’s license, prohibit the child from receiving a 22
driver’s license for at least 30 days but not more than 90 days: 23
(a) Immediately following the date of the order, if the child is 24
eligible to receive a driver’s license. 25
(b) After the date the child becomes eligible to apply for a 26
driver’s license, if the child is not eligible to receive a license on the 27
date of the order. 28
If the child is already the subject of a court order suspending or 29
delaying the issuance of the driver’s license of the child, the juvenile 30
court shall order the additional suspension or delay, as appropriate, 31
to apply consecutively with the previous order. 32
3. If the juvenile court [suspends] finds that the suspension of 33
the driver’s license of [a] the child pursuant to this section [,] is not 34
in the best interest of the child, the juvenile court may order the 35
Department of Motor Vehicles to issue the child a restricted driver’s 36
license pursuant to NRS 483.490 . [permitting the child to drive a 37
motor vehicle: 38
(a) To and from work or in the course of his or her work, or 39
both; 40
(b) To and from school; or 41
(c) To acquire supplies of medicine or food or receive regularly 42
scheduled medical care for himself, herself or a member of his or 43
her immediate family.] 44
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4. If the juvenile court issues an order requiring the 1
Department of Motor Vehicles to issue a restricted driver’s license 2
to a child pursuant to subsection 3, not later than 5 days after 3
issuing the order, the j uvenile court shall forward to the 4
Department of Motor Vehicles a copy of the order. 5
Sec. 39.6. NRS 62E.630 is hereby amended to read as follows: 6
62E.630 1. Except as otherwise provided in this section, if a 7
child is adjudicated delinquent for the unlawful act of using, 8
possessing, selling or distributing a controlled substance, or 9
purchasing, consuming or possessing an alcoholic beverage in 10
violation of NRS 202.020, the juvenile court shall: 11
(a) If the child possesse s a driver’s license, issue an order 12
suspending the driver’s license of the child for at least 90 days but 13
not more than 2 years; or 14
(b) If the child does not possess a driver’s license and the child 15
is or will be eligible to receive a driver’s license wi thin the 2 years 16
immediately following the date of the order, issue an order 17
prohibiting the child from receiving a driver’s license for a period 18
specified by the juvenile court which must be at least 90 days but 19
not more than 2 years: 20
(1) Immediately following the date of the order, if the child 21
is eligible to receive a driver’s license; or 22
(2) After the date the child will be eligible to receive a 23
driver’s license, if the child is not eligible to receive a driver’s 24
license on the date of the order. 25
2. If the child is already the subject of a court order suspending 26
or delaying the issuance of the driver’s license of the child, the 27
juvenile court shall order the additional suspension or delay, as 28
appropriate, to apply consecutively with the previous order. 29
3. If the juvenile court finds that [a] the suspension [or delay in 30
the issuance ] of the driver’s license of a child pursuant to this 31
section [would cause or is causing a severe or undue hardship to ] is 32
not in the best interest of the child , [or his or her immediate family 33
and that the child is otherwise eligible to receive a driver’s license, ] 34
the juvenile court may order the Department of Motor Vehicles to 35
issue the child a restricted driver’s license [to the child] pursuant to 36
NRS 483.490. 37
4. If the juvenile court issues an order requiring the 38
Department of Motor Vehicles to issue a restricted driver’s license 39
to a child pursuant to subsection 3, not later than 5 days after issuing 40
the order, the juvenile court shall forward to the Department of 41
Motor Vehicles a copy of the order. 42
Sec. 39.8. NRS 62E.690 is hereby amended to read as follows: 43
62E.690 1. Except as otherwise provided in this section, if a 44
child is adjudicated delinquent for the unlawful act of placing 45
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- *SB457_R2*
graffiti on or otherwise defacing public or private property owned or 1
possessed by another person in violation of NRS 206.125 or 2
206.330 or for the unlawful act of carrying a graffiti implement in 3
certain places without valid authorization in viola tion of NRS 4
206.335, the juvenile court shall: 5
(a) If the child possesses a driver’s license, issue an order 6
suspending the driver’s license of the child for at least 1 year but not 7
more than 2 years; or 8
(b) If the child does not possess a driver’s licen se and the child 9
is or will be eligible to receive a driver’s license within the 2 years 10
immediately following the date of the order, issue an order 11
prohibiting the child from receiving a driver’s license for a period 12
specified by the juvenile court which must be at least 1 year but not 13
more than 2 years: 14
(1) Immediately following the date of the order, if the child 15
is eligible to receive a driver’s license; or 16
(2) After the date the child will be eligible to receive a 17
driver’s license, if the child is not eligible to receive a driver’s 18
license on the date of the order. 19
2. If the child is already the subject of a court order suspending 20
or delaying the issuance of the driver’s license of the child, the 21
juvenile court shall order the additional suspension or delay, as 22
appropriate, to apply consecutively with the previous order. 23
3. If the juvenile court finds that the suspension of the 24
driver’s license of a child pursuant to this section is not in the best 25
interest of the child, the juvenile cou rt may order the Department 26
of Motor Vehicles to issue the child a restricted driver’s license 27
pursuant to NRS 483.490. 28
4. If the juvenile court issues an order requiring the 29
Department of Motor Vehicles to issue a restricted driver’s license 30
to a child pursuant to subsection 3, not later than 5 days after 31
issuing the order, the juvenile court shall forward to the 32
Department of Motor Vehicles a copy of the order. 33
Sec. 40. (Deleted by amendment.) 34
Sec. 41. NRS 176.0931 is hereby amended to read as follows: 35
176.0931 1. If a defendant is convicted of a sexual offense, 36
the court shall include in sentencing, in addition to any other 37
penalties provided by law, a special sentence of lifetime supervision. 38
2. The special sentence of lifetime supervision commences 39
after any period of probation or any term of imprisonment and any 40
period of release on parole. 41
3. A person sentenced to lifetime supervision may petition the 42
sentencing court or the State Board of Parole Commissioners for 43
release from lifetime supervision. The sentencing court or the Board 44
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shall grant a petition for release from a special sentence of lifetime 1
supervision if: 2
(a) The person has complied with the requirements of the 3
provisions of NRS 179D.010 to 179D.550, inclusive; 4
(b) The person has not been convicted of an offense that poses a 5
threat to the safety or well -being of others for an interval of at least 6
10 consecutive years after the person’s last conviction or release 7
from incarceration, whichever occurs later; and 8
(c) The person is not likely to pose a threat to the safety of 9
others, as determined by a licensed, clinical professional who has 10
received training in the treatment of sexual offenders, if released 11
from lifetime supervision. 12
4. A person who is released from lifetime supervision pursuant 13
to the provisions of subsection 3 remains subject to the provisions 14
for registration as a sex offender and to the provisions for 15
community notification, unless the person is otherwise relieved from 16
the operation of those provisions pursuant to the provisions of NRS 17
179D.010 to 179D.550, inclusive. 18
5. As used in this section: 19
(a) “Offense that poses a threat to the safety or well -being of 20
others” includes, without limitation: 21
(1) An offense that involves: 22
(I) A victim less than 18 years of age; 23
(II) A crime against a child as defined in 24
NRS 179D.0357; 25
(III) A sexual offense as defined in NRS 179D.097; 26
(IV) A deadly weapon, explosives or a firearm; 27
(V) The use or threatened use of force or violence; 28
(VI) Physical or mental abuse; 29
(VII) Death or bodily injury; 30
(VIII) An act of domestic violence; 31
(IX) Harassment, stalking, threats of any kind or other 32
similar acts; 33
(X) The forcible or unlawful e ntry of a home, building, 34
structure, vehicle or other real or personal property; or 35
(XI) The infliction or threatened infliction of damage or 36
injury, in whole or in part, to real or personal property. 37
(2) Any offense listed in subparagraph (1) that is committed 38
in this State or another jurisdiction, including, without limitation, an 39
offense prosecuted in: 40
(I) A tribal court. 41
(II) A court of the United States or the Armed Forces of 42
the United States. 43
(b) “Sexual offense” means: 44
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(1) A violation of NRS 200.366, subsection 4 of NRS 1
200.400, NRS 200.710, 200.720, paragraph (b) of subsection [2] 1 2
of NRS 200.730, paragraph (a) of subsection 1 of NRS 200.975, 3
NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph 4
(a) or (b) of subs ection 4 or paragraph (a) or (b) of subsection 5 of 5
NRS 201.560; 6
(2) An attempt to commit an offense listed in subparagraph 7
(1); or 8
(3) An act of murder in the first or second degree, 9
kidnapping in the first or second degree, false imprisonment, 10
burglary or invasion of the home if the act is determined to be 11
sexually motivated at a hearing conducted pursuant to NRS 175.547. 12
Sec. 42. NRS 176.211 is hereby amended to read as follows: 13
176.211 1. Except as otherwise provi ded in this subsection, 14
upon a plea of guilty, guilty but mentally ill or nolo contendere, but 15
before a judgment of guilt, the court may, without entering a 16
judgment of guilt and with the consent of the defendant, defer 17
judgment on the case to a specified future date and set forth specific 18
terms and conditions for the defendant. The duration of the deferral 19
period must not exceed the applicable period set forth in subsection 20
1 of NRS 176A.500 or the extension of the period pursuant to 21
subsection 2 of NRS 17 6A.500. The court may not defer judgment 22
pursuant to this subsection if the defendant has entered into a plea 23
agreement with a prosecuting attorney unless the plea agreement 24
allows the deferral. 25
2. The terms and conditions set forth for the defendant dur ing 26
the deferral period may include, without limitation, the: 27
(a) Payment of restitution; 28
(b) Payment of court costs; 29
(c) Payment of an assessment in lieu of any fine authorized by 30
law for the offense; 31
(d) Payment of any other assessment or cost authorized by law; 32
(e) Completion of a term of community service; 33
(f) Placement on probation pursuant to NRS 176A.500 and the 34
ordering of any conditions which can be imposed for probation 35
pursuant to NRS 176A.400; or 36
(g) Completion of a specialty court program. 37
3. The court: 38
(a) Upon the consent of the defendant: 39
(1) Shall defer judgment for any defendant who has entered a 40
plea of guilty, guilty but mentally ill or nolo contendere to a 41
violation of paragraph (a) of subsection 2 of NRS 453.336; or 42
(2) May defer judgment for any defendant who is placed in a 43
specialty court program. The court may extend any deferral period 44
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for not more than 12 months to allow for the completion of a 1
specialty court program. 2
(b) Shall not defer judgment for any defendant who has been 3
convicted of [a] : 4
(1) A violent or sexual offense as defined in NRS 202.876 5
[, a] ; 6
(2) A crime against a child as defined in NRS 179D.0357 7
[, a] ; 8
(3) A violation of NRS 200.508 ; or [a] 9
(4) A violation of NRS 574.100 that is punishable pursuant to 10
subsection 6 of that section. 11
4. Upon violation of a term or condition: 12
(a) Except as otherwise provided in paragraph (b): 13
(1) The court may enter a judgment of conviction and 14
proceed as provided in the section pursuant to which the defendant 15
was charged. 16
(2) Notwithstanding the provisions of paragraph (e) of 17
subsection 2 of NRS 193.130, the court may order the defendant to 18
the custody of the Department of Corrections if the offense i s 19
punishable by imprisonment in the state prison. 20
(b) If the defendant has been placed in the program for a first or 21
second violation of paragraph (a) of subsection 2 of NRS 453.336, 22
the court may allow the defendant to continue to participate in the 23
program or terminate the participation of the defendant in the 24
program. If the court terminates the participation of the defendant in 25
the program, the court shall allow the defendant to withdraw his or 26
her plea. 27
5. Upon completion of the terms and conditions of the deferred 28
judgment, and upon a finding by the court that the terms and 29
conditions have been met, the court shall discharge the defendant 30
and dismiss the proceedings. Discharge and dismissal pursuant to 31
this section is without adjudication of guilt a nd is not a conviction 32
for purposes of employment, civil rights or any statute or regulation 33
or license or questionnaire or for any other public or private 34
purpose, but is a conviction for the purpose of additional penalties 35
imposed for second or subsequen t convictions or the setting of bail. 36
Discharge and dismissal restores the defendant, in the contemplation 37
of the law, to the status occupied before the arrest, indictment or 38
information. 39
6. [The] Except as otherwise provided in subsection 7, the 40
court s hall order sealed all documents, papers and exhibits in the 41
defendant’s record, minute book entries and entries on dockets, and 42
other documents relating to the case in the custody of such other 43
agencies and officers as are named in the court’s order if the 44
defendant fulfills the terms and conditions imposed by the court and 45
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the Division. The court shall order those records sealed without a 1
hearing unless the Division or the prosecutor petitions the court, for 2
good cause shown, not to seal the records and re quests a hearing 3
thereon. 4
7. The provisions of subsection 6 do not apply to, and the 5
court may not order sealed pursuant to subsection 6, the records of 6
a defendant who is charged with a violation of NRS 200.508 or 7
200.5099 and who is discharged pursuant to this section. 8
8. If the court orders sealed the record of a defendant 9
discharged pursuant to this section, the court shall send a copy of the 10
order to each agency or officer named in the order. Each such 11
agency or officer shall notify the court in wr iting of its compliance 12
with the order. 13
[8.] 9. As used in this section: 14
(a) “Court” means a district court of the State of Nevada. 15
(b) “Specialty court program” has the meaning ascribed to it in 16
NRS 176A.065. 17
Sec. 43. (Deleted by amendment.) 18
Sec. 44. NRS 176A.245 is hereby amended to read as follows: 19
176A.245 1. Except as otherwise provided in [subsection 2,] 20
this section, after a defendant is discharged from probation or a case 21
is dismissed pursuant to NRS 176A.240, the court shall order sealed 22
all documents, papers and exhibits in the defendant’s record, minute 23
book entries and entries on dockets, and other documents relating to 24
the case in the custody of such other agencies and offi cers as are 25
named in the court’s order if the defendant fulfills the terms and 26
conditions imposed by the court and the Division. The court shall 27
order those records sealed without a hearing unless the Division 28
petitions the court, for good cause shown, not to seal the records and 29
requests a hearing thereon. 30
2. If the defendant is charged with a violation of NRS 200.485, 31
484C.110 or 484C.120 and the charges are conditionally dismissed 32
or the judgment of conviction is set aside as provided in NRS 33
176A.240, not sooner than 7 years after the charges are 34
conditionally dismissed or the judgment of conviction is set aside 35
and upon the filing of a petition by the defendant, the justice court, 36
municipal court or district court, as applicable, shall order that all 37
documents, papers and exhibits in the defendant’s record, minute 38
book entries and entries on dockets, and other documents relating to 39
the case in the custody of such other agencies and officers as are 40
named in the court’s order be sealed. The justice court, municipal 41
court or district court, as applicable, shall order those records sealed 42
without a hearing unless the Division petitions the court, for good 43
cause shown, not to seal the records and requests a hearing thereon. 44
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3. The provisions of subsection 1 do not apply to, and the 1
court may not order sealed pursuant to this section, the records of 2
a defendant who is charged with a violation of NRS 200.508 or 3
200.5099 and who is discharged from probation, whose case is 4
dismissed or whose judgment of conviction was set aside pursuant 5
to NRS 176A.240. 6
4. If the court orders sealed the record of a defendant who is 7
discharged from probation, whose case is dismissed, whose charges 8
were conditionally dismissed or whose judgment of conviction was 9
set aside pursuant to NRS 176A.240, the court shall send a copy of 10
the order to each agency or officer named in the order. Each such 11
agency or officer shall notify the court in writing of its compliance 12
with the order. 13
Sec. 45. (Deleted by amendment.) 14
Sec. 46. NRS 176A.265 is hereby amended to read as follows: 15
176A.265 1. Except as otherwise provided in [subsection 2,] 16
this section, after a defendant is discharged from probation or a case 17
is dismis sed pursuant to NRS 176A.260, the district court, justice 18
court or municipal court, as applicable, shall order sealed all 19
documents, papers and exhibits in the defendant’s record, minute 20
book entries and entries on dockets, and other documents relating to 21
the case in the custody of such other agencies and officers as are 22
named in the court’s order if the defendant fulfills the terms and 23
conditions imposed by the court and the Division. The district court, 24
justice court or municipal court, as applicable, sha ll order those 25
records sealed without a hearing unless the Division petitions the 26
court, for good cause shown, not to seal the records and requests a 27
hearing thereon. 28
2. If the defendant is charged with a violation of NRS 200.485, 29
484C.110 or 484C.120 an d the charges are conditionally dismissed 30
or the judgment of conviction is set aside as provided in NRS 31
176A.260, not sooner than 7 years after the charges are 32
conditionally dismissed or the judgment of conviction is set aside 33
and upon the filing of a peti tion by the defendant, the justice court, 34
municipal court or district court, as applicable, shall order that all 35
documents, papers and exhibits in the defendant’s record, minute 36
book entries and entries on dockets, and other documents relating to 37
the case in the custody of such other agencies and officers as are 38
named in the court’s order be sealed. The justice court, municipal 39
court or district court, as applicable, shall order those records sealed 40
without a hearing unless the Division petitions the court, for good 41
cause shown, not to seal the records and requests a hearing thereon. 42
3. The provisions of subsection 1 do not apply to, and the 43
court may not order sealed pursuant to this section, the records of 44
a defendant who is charged with a violation of NRS 200.508 or 45
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200.5099 and who is discharged from probation, whose case is 1
dismissed or whose judgment of conviction was set aside pursuant 2
to NRS 176A.260. 3
4. If the district court, justice court or municipal court, as 4
applicable, orders sealed the record of a defendant who is 5
discharged from probation, whose case is dismissed, whose charges 6
were conditionally dismissed or whose judgment of conviction was 7
set aside pursuant to NRS 176A.260, the court shall send a copy of 8
the order to each agency or officer named in the order. Each such 9
agency or officer shall notify the district court, justice court or 10
municipal court, as applicable, in writing of its compliance with the 11
order. 12
Sec. 47. (Deleted by amendment.) 13
Sec. 48. (Deleted by amendment.) 14
Sec. 49. NRS 176A.295 is hereby amended to read as follows: 15
176A.295 1. Except as otherwise provided in [subsection 2,] 16
this section, after a defendant is discharged from probation or a case 17
is dismissed pursuant to NRS 176A.290, the justice court, municipal 18
court or district court, as applicable, shall order sealed all 19
documents, papers and exhibits in the defendant’s record, minute 20
book entries and entries on dockets, and other documents relating to 21
the case in the custody of such other agencies and officers as are 22
named in the cou rt’s order if the defendant fulfills the terms and 23
conditions imposed by the court and the Division. The justice court, 24
municipal court or district court, as applicable, shall order those 25
records sealed without a hearing unless the Division petitions the 26
court, for good cause shown, not to seal the records and requests a 27
hearing thereon. 28
2. If the defendant is charged with a violation of NRS 200.485, 29
484C.110 or 484C.120 and the charges are conditionally dismissed 30
or the judgment of conviction is set asid e as provided in NRS 31
176A.290, not sooner than 7 years after the charges are 32
conditionally dismissed or the judgment of conviction is set aside 33
and upon the filing of a petition by the defendant, the justice court, 34
municipal court or district court, as app licable, shall order that all 35
documents, papers and exhibits in the defendant’s record, minute 36
book entries and entries on dockets, and other documents relating to 37
the case in the custody of such other agencies and officers as are 38
named in the court’s orde r be sealed. The justice court, municipal 39
court or district court, as applicable, shall order those records sealed 40
without a hearing unless the Division petitions the court, for good 41
cause shown, not to seal the records and requests a hearing thereon. 42
3. The provisions of subsection 1 do not apply to, and the 43
court may not order sealed pursuant to this section, the records of 44
a defendant who is charged with a violation of NRS 200.508 or 45
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200.5099 and who is discharged from probation, whose case is 1
dismissed or whose judgment of conviction was set aside pursuant 2
to NRS 176A.290. 3
4. If the justice court, municipal court or district court, as 4
applicable, orders sealed the record of a defendant who is 5
discharged from probation, whose case is dismissed, whose charges 6
were conditionally dismissed or whose judgment of conviction was 7
set aside pursuant to NRS 176A.290, the court shall send a copy of 8
the order to each agency or officer named in the order. Each such 9
agency or officer shall notify the justice court, municipal court or 10
district court, as applicable, in writing of its compliance with the 11
order. 12
Sec. 50. NRS 176A.413 is hereby amended to read as follows: 13
176A.413 1. Except as otherwise provided in subsection 2, if 14
a defendant is convicted of stalking [with the use of an Internet or 15
network site, electronic mail, text messaging or any other similar 16
means of communication ] by electronic means pursuant to 17
[subsection 4 o f] NRS 200.575, an offense involving pornography 18
and a minor pursuant to NRS 200.710 to 200.730, inclusive, luring a 19
child or a person with mental illness through the use of a computer, 20
system or network pursuant to paragraph (a) or (b) of subsection 4 21
of NRS 201.560 or a violation of NRS 201.553 which involved the 22
use of an electronic communication device and the court grants 23
probation or suspends the sentence, the court shall, in addition to 24
any other condition ordered pursuant to NRS 176A.400, order as a 25
condition of probation or suspension that the defendant not own or 26
use a computer, including, without limitation, use electronic mail, a 27
chat room or the Internet. 28
2. The court is not required to impose a condition of probation 29
or suspension of sentence set forth in subsection 1 if the court finds 30
that: 31
(a) The use of a computer by the defendant will assist a law 32
enforcement agency or officer in a criminal investigation; 33
(b) The defendant will use the computer to provide 34
technological training concerni ng technology of which the 35
defendant has a unique knowledge; or 36
(c) The use of the computer by the defendant will assist 37
companies that require the use of the specific technological 38
knowledge of the defendant that is unique and is otherwise 39
unavailable to the company. 40
3. Except as otherwise provided in subsection 1, if a defendant 41
is convicted of an offense that involved the use of a computer, 42
system or network and the court grants probation or suspends the 43
sentence, the court may, in addition to any oth er condition ordered 44
pursuant to NRS 176A.400, order as a condition of probation or 45
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suspension that the defendant not own or use a computer, including, 1
without limitation, use electronic mail, a chat room or the Internet. 2
4. As used in this section: 3
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 4
and includes, without limitation, an electronic communication 5
device. 6
(b) “Electronic communication device” has the meaning 7
ascribed to it in NRS 200.737. 8
(c) “Electronic means” has the meaning a scribed to it in 9
NRS 200.575. 10
(d) “Network” has the meaning ascribed to it in NRS 205.4745. 11
[(d)] (e) “System” has the meaning ascribed to it in 12
NRS 205.476. 13
[(e) “Text messaging” has the meaning ascribed to it in 14
NRS 200.575.] 15
Sec. 51. Chapter 178 of NRS is hereby amended by adding 16
thereto a new section to read as follows: 17
1. If a court prohibits a person from possessing a firearm as a 18
condition of release pursuant to NRS 178.4851, the court shall 19
require the person to appear for a compliance hearing to 20
determine whether the person has complied with the prohibition. 21
2. The court shall schedule the compliance hearing not 22
earlier than 2 business days nor later than 5 business days after 23
the release of the person. 24
3. For the purpose of complying with a condition of release 25
prohibiting the person from possessing a firearm, the person and 26
the court may follow the procedures for: 27
(a) The surrender, sale or transfer of firearms described in 28
NRS 202.361; and 29
(b) The cancellation of a compliance hearing described in 30
section 4 of this act. 31
Sec. 52. NRS 178.483 is hereby amended to read as follows: 32
178.483 As used in NRS 178.483 to 178.548, inclusive, and 33
section 51 of this act, unless the context otherwise requires, 34
“electronic transmission,” “electronically transmit” or 35
“electronically transmitted” means any form or process of 36
communication not directly involving the physical transfer of paper 37
or another tangible medium which: 38
1. Is suitable for the retention, retrieval and reproduction of 39
information by the recipient; and 40
2. Is retrievable and reproducible in paper form by the recipient 41
through an automated process used in conventional commercial 42
practice. 43
Sec. 53. (Deleted by amendment.) 44
Sec. 54. (Deleted by amendment.) 45
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Sec. 55. NRS 178.522 is hereby amended to read as follows: 1
178.522 1. When the condition of the bond has been satisfied 2
or the forfeiture thereof has been set aside or remitted, the court 3
shall exonerate the obligors and release any bail. The court shall 4
exonerate the obligors and release any bail at the time of sentencing 5
the defendant [, if the court has not previously done so ] unless the 6
money deposited [by the defendant ] as bail must be applied [to 7
satisfy a judgment] pursuant to NRS 178.528. 8
2. A surety may be exonerated by a deposit of cash in the 9
amount of the bond or by a timely surrende r of the defendant into 10
custody. 11
Sec. 56. NRS 178.528 is hereby amended to read as follows: 12
178.528 1. When money has been deposited [,] as bail by a 13
person other than a surety, if it remains on deposit at the time of [a 14
judgment for the payment of a fine, ] sentencing, the court, or the 15
clerk under the direction of the court, upon the provision of notice 16
to and the agreement of the person who deposited the bail , shall 17
apply the money in satisfaction [thereof,] of any restitution. [and] 18
2. If a distribution is not made pursuant to subsection 1 , or 19
after satisfying the restitution pursuant to subsection 1 there is a 20
surplus remaining, as applicable, the court, or the clerk under the 21
direction of the court, shall apply the money to any fine and costs . 22
3. If there is any surplus remaining after the distributions are 23
made pursuant subsections 1 and 2, as applicable, the court, or the 24
clerk under the direction of the court, shall refund the surplus [, if 25
any,] to the person who deposited the bail, unless that person has 26
directed, in writing, that any surplus be refunded to another. 27
Sec. 57. (Deleted by amendment.) 28
Sec. 58. NRS 178.760 is hereby amended to read as follows: 29
178.760 Notwithstanding any other provision of law: 30
1. A district attorney, assistant district attorney [,] or a 31
designated city attorney may: 32
(a) If the attorney is a deputy district attorney or other attorney 33
employed by a district attorney [may: 34
(a) Be] be deputized to prosecute a person in a county other than 35
the county by which the attorney is employed for the limited 36
purpose of serving as the prosecuting attorney in a pretrial release 37
hearing required by NRS 178.4849. An assistant district attorney, 38
deputy district attorney or other attorney employed by a district 39
attorney must receive the approval of the district attorney of the 40
county in which the attorney is emp loyed before serving as the 41
prosecuting attorney in a pretrial release hearing in a county other 42
than the county by which the attorney is employed. 43
(b) If the attorney is a designated city attorney, be deputized to 44
prosecute a person in the county which encompasses the city that 45
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employs the city attorney for the limited purpose of serving as the 1
prosecuting attorney in a pretrial release hearing required by 2
NRS 178.4849. 3
(c) Receive a stipend for being available on a weekend or 4
holiday to serve as the p rosecuting attorney in a pretrial release 5
hearing required by NRS 178.4849 or for serving as the prosecuting 6
attorney in any such pretrial release hearing conducted on a 7
weekend or holiday. 8
2. A public defender and the State Public Defender may, 9
pursuant to an interlocal agreement, authorize the public defender, 10
State Public Defender or any other attorney employed by the public 11
defender or State Public Defender to provide for the representation 12
of a defendant in a pretrial release hearing required by NRS 13
178.4849 in any county. 14
3. A public defender, the State Public Defender or any other 15
attorney employed by the public defender or State Public Defender 16
may receive a stipend for being available on a weekend or holiday 17
to represent a defendant in a pretri al release hearing required by 18
NRS 178.4849 or for representing a defendant in any such pretrial 19
release hearing conducted on a weekend [.] or holiday. 20
4. As used in this section, “designated city attorney” means a 21
city attorney in a county in this State whose population is less than 22
100,000. 23
Sec. 59. (Deleted by amendment.) 24
Sec. 60. (Deleted by amendment.) 25
Sec. 60.1. (Deleted by amendment.) 26
Sec. 60.2. (Deleted by amendment.) 27
Sec. 60.3. (Deleted by amendment.) 28
Sec. 60.4. (Deleted by amendment.) 29
Sec. 60.5. (Deleted by amendment.) 30
Sec. 60.6. Chapter 209 of NRS is hereby amended by adding 31
thereto the provisions set forth as sections 60.7 and 60.8 of this act. 32
Sec. 60.7. “Alternative correctional program” means the 33
program for reentry of offenders into the community that is 34
established by the Director pursuant to section 60.8 of this act. 35
Sec. 60.8. 1. The Director may establish an alternative 36
correctional program for reentry of offenders into the community 37
pursuant to this section. 38
2. If the Director establishes an alternative correctional 39
program pursuant to this section, the Director may: 40
(a) Assign offenders whom: 41
(1) The Director has requested that the Chair of the State 42
Board of Parole Commissioners assign to the custody of the 43
Division to participate in a correctional program pursuant to 44
subsection 3 of NRS 209.4888; and 45
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- *SB457_R2*
(2) The Chair does not assign to the custody of the Division 1
to participate in a correctional program pursuant to subsection 3 2
of NRS 209.4888; and 3
(b) Supervise offenders participating in the alternative 4
correctional program. 5
Sec. 61. NRS 209.4247 is hereby amended to read as follows: 6
209.4247 1. To the extent that money is available [,] and 7
subject to subsection 2, the Director shall, with the approval of the 8
Board, establish a program of treatment for offenders with a 9
substance use disorder using medication-assisted treatment. 10
2. If the program established pursuant to subsection 1 relates 11
to opioid use disorder, the Director shall collaborate with the 12
Department of Health and Human Services to establish the 13
program. 14
3. The program established pursuant to subsection 1 must: 15
(a) Provide each el igible offender who participates in the 16
program with appropriate medication -assisted treatment for the 17
period in which the offender is incarcerated; and 18
(b) Require that all decisions regarding the type, dosage or 19
duration of any medication administered to an eligible offender as 20
part of his or her medication -assisted treatment be made by a 21
treating physician and the eligible offender. 22
[3.] 4. Except as otherwise provided in this section, any 23
offender who the Director has determined has a substance use 24
disorder for which a medication -assisted treatment exists and who 25
meets any reasonable conditions imposed by the Director pursuant 26
to subsection [4] 5 is eligible to participate in the program 27
established pursuant to subsection 1 and must be offered the 28
opportunity to participate. If an offender received medication -29
assisted treatment immediately preceding his or her incarceration, 30
the offender is eligible to continue that medication -assisted 31
treatment as a participant in the program. Participation in the 32
program must be voluntary. 33
[4.] 5. Except as otherwise provided in this subsection, the 34
Director may impose reasonable conditions for an offende r to be 35
eligible to participate in the program established pursuant to 36
subsection 1 and to continue his or her participation in the program. 37
The Director shall not deny an offender the ability to participate in 38
the program or terminate the participation of an offender in the 39
program on the basis that: 40
(a) The results of a screening test administered to the offender 41
upon the commencement of his or her incarceration or upon the 42
commencement of his or her participation in the program indicated 43
the presence of a controlled substance; or 44
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(b) The offender committed an infraction of the rules of the 1
institution or facility before or during the participation of the 2
offender in the program. 3
[5.] 6. An offender who participates in the program established 4
pursuant to subsection 1 is not subject to discipline on the basis that 5
the results of a screening test administered to the offender during his 6
or her participation in the program indicated the presence of a 7
controlled substance. 8
[6.] 7. As used in this section: 9
(a) “Medication-assisted treatment” means treatment for a 10
substance use disorder using medication approved by the United 11
States Food and Drug Administration for that purpose. 12
(b) “Substance use disorder” means a cluster of cognitive, 13
behavioral and psychological symptoms indicating that a person 14
continues using a substance despite significant substance -related 15
problems. 16
Sec. 61.3. NRS 209.4871 is hereby amended to read as 17
follows: 18
209.4871 As used in NRS 209.4871 to 209.4889, inclusive, 19
and sections 60.7 and 60.8 of this act, unless the context otherwise 20
requires, the words and terms defined in NRS 209.4873 to 209.488, 21
inclusive, and section 60.7 of this act have the meanings ascribed to 22
them in those sections. 23
Sec. 61.7. NRS 209.4889 is hereby amended to read as 24
follows: 25
209.4889 1. Except as otherwise provided in NRS 208.280, 26
the Director may enter into one or more contracts with one or more 27
public or private entities to provide any of the following services, as 28
necessary and appropriate, to offenders or parolees participating in a 29
correctional program, alternative correctional program or judicial 30
program: 31
(a) Transitional housing; 32
(b) Treatment pertaining to a substance use disorder or mental 33
health; 34
(c) Training in life skills; 35
(d) Vocational rehabilitation and job skills training; and 36
(e) Any other services required by offenders or parolees who are 37
participating in a correctional program, alternative correctional 38
program or judicial program. 39
2. The Director may consult with the Division before entering 40
into a contract with a public or private entity pursuant to 41
subsection 1. 42
3. The Director shall, as necessary and appropriate, provide 43
referrals and information regarding: 44
(a) Any of the services provided pursuant to subsection 1; 45
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(b) Access and availability of any appropriate self-help groups; 1
(c) Social services for families and children; and 2
(d) Permanent housing. 3
4. The Director may apply for and accept any gift, donation, 4
bequest, grant or other source of money to carry out the provisions 5
of this section. Money received pursuant to this subsection may be 6
deposited with the State Treasurer for credit to the Account for 7
Reentry Programs in the State General Fund created by 8
NRS 480.810. 9
5. A contract entered into between the Director and a public or 10
private entity pursuant to subsection 1 must require the entity to: 11
(a) Provide a budget concerning all services the entity will 12
provide during the duration of any grant received. 13
(b) Provide all services required by any grant received. 14
(c) Provide to the Department for its approval a curriculum for 15
any program of services the entity will provide. 16
(d) Provide to the Divisio n, if appropriate, a list of the parolees 17
who have completed or are currently participating in a program of 18
services provided by the entity pursuant to any grant received. 19
(e) Provide to any offender or parolee who completes a program 20
of services provided by the entity a certificate of completion, and 21
provide a copy of such a certificate to the Division or the 22
Department, as appropriate. 23
(f) To the extent financially practicable and necessary, assess the 24
risk levels and needs of offenders and parolees by using a validated 25
assessment tool. 26
(g) Share with the Director information concerning assessments 27
of the risk levels and needs of offenders and parolees so the Director 28
can ensure that adequate assessments are being conducted. 29
(h) While the entity is pro viding services pursuant to the 30
contract, meet annually with the Director, a representative of the 31
Division, and other entities that have entered into a contract with 32
the Director pursuant to subsection 1 to discuss, without limitation: 33
(1) The services provided by the entities, including the 34
growth and success of the services, any problems with the services 35
and any potential solutions to such problems; 36
(2) Issues relating to the reentry of offenders and parolees 37
into the community and reducing the risk of recidivism; and 38
(3) Issues relating to offenders and parolees who receive 39
services from an entity and are subsequently convicted of another 40
crime. 41
6. As used in this section, “training in life skills” includes, 42
without limitation, training in the areas of: 43
(a) Parenting; 44
(b) Improving human relationships; 45
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(c) Preventing domestic violence; 1
(d) Maintaining emotional and physical health; 2
(e) Preventing alcohol and other substance use disorders; 3
(f) Preparing for and obtaining employment; and 4
(g) Budgeting, consumerism and personal finances. 5
Sec. 62. NRS 211.400 is hereby amended to read as follows: 6
211.400 1. To the extent that money is available, a sheriff, 7
chief of police or town marshal who is responsible for a county, city 8
or town jail or detention facility shall establish a program to provide 9
for the treatment of prisoners with a substance use disorder using 10
medication-assisted treatment. 11
2. If the program established pursuant to subsection 1 relate s 12
to opioid use disorder, the sheriff, chief of police or town marshal 13
shall collaborate with the Department of Health and Human 14
Services to establish the program. 15
3. The program established pursuant to subsection 1 must: 16
(a) Provide each eligible prisoner who participates in the 17
program with appropriate medication -assisted treatment for the 18
period in which the prisoner is incarcerated; and 19
(b) Require that all decisions regarding the type, dosage or 20
duration of any medic ation administered to an eligible prisoner as 21
part of his or her medication -assisted treatment be made by a 22
treating physician and the eligible prisoner. 23
[3.] 4. Except as otherwise provided in this section, any 24
prisoner who the sheriff, chief of police or town marshal has 25
determined has a substance use disorder for which a medication -26
assisted treatment exists and who meets any reasonable conditions 27
imposed by the sheriff, chief of police or town marshal pursuant to 28
subsection [4] 5 is eligible to partic ipate in the program established 29
pursuant to subsection 1 and must be offered the opportunity to 30
participate. If a prisoner received medication -assisted treatment 31
immediately preceding his or her incarceration, the prisoner is 32
eligible to continue that med ication-assisted treatment as a 33
participant in the program. Participation in the program must be 34
voluntary. 35
[4.] 5. Except as otherwise provided in this subsection, the 36
sheriff, chief of police or town marshal may impose reasonable 37
conditions for a pris oner to be eligible to participate in the program 38
established pursuant to subsection 1 and to continue his or her 39
participation in the program. The sheriff, chief of police or town 40
marshal shall not deny a prisoner the ability to participate in the 41
program or terminate the participation of a prisoner in the program 42
on the basis that: 43
(a) The results of a screening test administered to the prisoner 44
upon the commencement of his or her incarceration or upon the 45
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commencement of his or her participation in the program indicated 1
the presence of a controlled substance; or 2
(b) The prisoner committed an infraction of the rules of the 3
county, city or town jail or detention facility before or during the 4
participation of the prisoner in the program. 5
[5.] 6. A prisoner who participates in the program established 6
pursuant to subsection 1 is not subject to discipline on the basis that 7
the results of a screening test administered to the prisoner during his 8
or her participation in the program indicated the presence of a 9
controlled substance. 10
[6.] 7. As used in this section, “medication -assisted treatment” 11
means treatment for a substance use disorder using medication 12
approved by the United States Food and Drug Administration for 13
that purpose. 14
Sec. 63. NRS 213.1258 is hereby amended to read as follows: 15
213.1258 1. Except as otherwise provided in subsection 2, if 16
the Board releases on parole a prisoner convicted of stalking [with 17
the use of an Internet or network site, electronic mail, text 18
messaging or any other similar means of communication ] by 19
electronic means pursuant to [subsection 4 of ] NRS 200.575, an 20
offense involving pornography and a minor pursuant to NRS 21
200.710 to 200.730, inclusive, luring a child or a person with mental 22
illness through the use of a computer, system or network pursuant to 23
paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation 24
of NRS 201.553 which involved the use of an electronic 25
communication device, the Board shall, in addition to any other 26
condition of parole, require as a condition of parole that the parolee 27
not own or use a computer, including, without limitation, use 28
electronic mail, a chat room or the Internet. 29
2. The Board is not required to impose a condition of parole set 30
forth in subsection 1 if the Board finds that: 31
(a) The use of a computer by the parolee will assist a law 32
enforcement agency or officer in a criminal investigation; 33
(b) The parolee will use the computer to provide technological 34
training concerning technology of which the defendant has a unique 35
knowledge; or 36
(c) The use of the computer by the parolee will assist companies 37
that require the use of the specific technological knowledge of the 38
parolee that is unique and is otherwise unavailable to the company. 39
3. Except as otherwise provided in subsection 1, if the Board 40
releases on parole a prisoner convicted of an offense that involved 41
the use of a computer, system or network, the Board may, in 42
addition to any other condition of parole, require as a condition of 43
parole that the parolee not own or use a computer, including, 44
without limitation, use electronic mail, a chat room or the Internet. 45
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4. As used in this section: 1
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 2
and includes, without limitation, an electronic communication 3
device. 4
(b) “Electronic communication device” has the meaning 5
ascribed to it in NRS 200.737. 6
(c) “Electronic means” has the meaning ascribed to it in 7
NRS 200.575. 8
(d) “Network” has the meaning ascribed to it in NRS 205.4745. 9
[(d)] (e) “System” has the meaning ascribed to it in 10
NRS 205.476. 11
[(e) “Text messaging” has the meaning ascribed to it in 12
NRS 200.575.] 13
Sec. 64. (Deleted by amendment.) 14
Sec. 65. (Deleted by amendment.) 15
Sec. 65.5. Chapter 244 of NRS is hereby amended by adding 16
thereto a new section to read as follows: 17
1. In a county whose population is 700,000 or more, the 18
board of county commissioners shall adopt an ordinance that 19
designates the geographic boundaries of one or more corridors in 20
which the commission of crime poses a significant risk to public 21
safety and the economic welfare of this State due to the high 22
concentration of tourists, visitors, employees an d other persons in 23
such corridors. 24
2. The boundaries of a corridor established pursuant to 25
subsection 1: 26
(a) May be contiguous or noncontiguous. 27
(b) Must be displayed on a map in a manner capable of being 28
understood by a person of ordinary intelligence and posted on the 29
Internet website of the county in which the corridor is established. 30
3. In a county that establishes a corridor pursuant to 31
subsection 1: 32
(a) Except as otherwise provided in paragraph (b), a person 33
who is charged with, convicted of or the subject of deferred 34
adjudication for any offense punishable as a misdemeanor: 35
(1) For a first offense within the corridor within 2 years, 36
may, as a condition of release, sentencing, suspension of sentence 37
or deferred adjudication, as applicable, be prohibited from 38
entering the corridor in which the offense occurred for a period 39
not to exceed 1 year. 40
(2) For a second or subsequent offense within the corridor, 41
within two years, shall as a condition of release, sentencing, 42
suspension of sentence or de ferred adjudication, as applicable, be 43
prohibited from entering the corridor in which the offense 44
occurred for a period of not less than 1 year. 45
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(b) The board of county commissioners may provide by 1
ordinance for any condition or exemption under which a p erson 2
who is charged with, convicted of or the subject of adjudication for 3
any offense punishable as a misdemeanor may enter the corridor 4
in which the offense occurred. 5
Sec. 66. Chapter 433 of NRS is hereby amended by adding 6
thereto a new section to read as follows: 7
The Department shall make available on an Internet website 8
maintained by the Department information relating to peer 9
recovery support services. 10
Sec. 67. (Deleted by amendment.) 11
Sec. 68. NRS 433.622 is hereby amended to read as follows: 12
433.622 As used in NRS 433.622 to 433.641, inclusive, and 13
section 66 of this act, unless the context otherwise requires, the 14
words and terms defined in NRS 43 3.623 to 433.629, inclusive, 15
have the meanings ascribed to them in those sections. 16
Sec. 69. NRS 433.730 is hereby amended to read as follows: 17
433.730 1. On or before June 30 of each even -numbered 18
year, the Advisory Committee shall submit to the Director of the 19
Department a report of recommendations concerning: 20
(a) The statewide needs assessment conducted pursuant to 21
paragraph (a) of subsection 1 of NRS 433.734, including, without 22
limitation, the establishment of priorities pursuant to paragraph [(e)] 23
(f) of subsection 1 of NRS 433.736; and 24
(b) The statewide plan to allocate money from the Fund 25
developed pursuant to paragraph (b) of subsection 1 of 26
NRS 433.734. 27
2. When developing recommendations to be included in the 28
report pursuant to subsection 1, the Advisory Committee shall 29
consider: 30
(a) Health equity and identifying relevant disparities among 31
racial and ethnic populations, geographic regions and special 32
populations in this State; and 33
(b) The need to prevent overdoses, address disparities in access 34
to health care and prevent substance use among youth. 35
3. When developing recommendations concerning the 36
establishment of priorities pursuant to paragraph [(e)] (f) of 37
subsection 1 of NRS 433.736, the Advisory Com mittee shall use an 38
objective method to define the potential positive and negative 39
impacts of a priority on the health of the affected communities with 40
an emphasis on disproportionate impacts to any population targeted 41
by the priority. 42
4. Before finaliz ing a report of recommendations pursuant to 43
subsection 1, the Advisory Committee must hold at least one public 44
meeting to solicit comments from the public concerning the 45
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recommendations and make any revisions to the recommendations 1
determined, as a result of the public comment received, to be 2
necessary. 3
Sec. 70. NRS 433.736 is hereby amended to read as follows: 4
433.736 1. A statewide needs assessment conducted by the 5
Department, in consultation with the Office, pursuant to paragraph 6
(a) of subsection 1 of NRS 433.734 must: 7
(a) Be evidence -based and use information from damages 8
reports created by experts as part of the litigation described in 9
subsection 1 of NRS 433.732. 10
(b) Include an analysis of the impacts of opioid u se and opioid 11
use disorder on this State that uses quantitative and qualitative data 12
concerning this State and the regions, counties and Native American 13
tribes in this State to determine the risk factors that contribute to 14
opioid use, the use of substances and the rates of opioid use 15
disorder, other substance use disorders and co -occurring disorders 16
among residents of this State. 17
(c) Focus on health equity and identifying disparities across all 18
racial and ethnic populations, geographic regions and special 19
populations in this State. 20
(d) Take into account the resources of state, regional, local and 21
tribal agencies and nonprofit organizations, including, without 22
limitation, any money recovered or anticipated to be recovered by 23
county, local or tribal governm ental agencies through judgments or 24
settlements resulting from litigation concerning the manufacture, 25
distribution, sale or marketing of opioids, and the programs 26
currently existing in each geographic region of this State to address 27
opioid use disorder and other substance use disorders. 28
(e) Identify educational resources for governmental agencies 29
involved in law enforcement or criminal justice for training 30
related to trauma -informed practices for persons with opioid use 31
disorder and medication-assisted treatment for persons with opioid 32
use disorder. 33
(f) Based on the information and analyses described in 34
paragraphs (a) to [(d),] (e), inclusive, establish priorities for the use 35
of the funds described in subsection 1 of NRS 433.732. Such 36
priorities must inclu de, without limitation, priorities related to the 37
training described in paragraph (e) and prevention of overdoses, 38
addressing disparities in access to health care and the prevention of 39
substance use among youth. 40
2. When conducting a needs assessment, th e Department, in 41
consultation with the Office, shall: 42
(a) Use community -based participatory research methods or 43
similar methods to conduct outreach to groups impacted by the use 44
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of opioids, opioid use disorder and other substance use disorders, 1
including, without limitation: 2
(1) Persons and families impacted by the use of opioids and 3
other substances; 4
(2) Providers of treatment for opioid use disorder and other 5
substance use disorders; 6
(3) Substance use disorder prevention coalitions; 7
(4) Communities of persons in recovery from opioid use 8
disorder and other substance use disorders; 9
(5) Providers of services to reduce the harms caused by 10
opioid use disorder and other substance use disorders; 11
(6) Persons involved in the child welfare system; 12
(7) Providers of social services; 13
(8) Faith-based organizations; 14
(9) Providers of health care and entities that provide health 15
care services; and 16
(10) Members of diverse communities disproportionately 17
impacted by opioid use and opioid use disorder; and 18
(b) Conduct outreach to governmental agencies who interact 19
with persons or groups impacted by the use of opioids, opioid use 20
disorder and other substance use disorders, including, without 21
limitation: 22
(1) The Office of the Attorney General, the Departmen t of 23
Public Safety, the Department of Corrections, courts, juvenile 24
justice agencies and other governmental agencies involved in law 25
enforcement or criminal justice; 26
(2) Agencies which provide child welfare services and other 27
governmental agencies involved in the child welfare system; and 28
(3) Public health agencies. 29
3. As used in this section, “medication -assisted treatment” 30
has the meaning ascribed to it in NRS 639.28079. 31
Sec. 71. (Deleted by amendment.) 32
Sec. 72. (Deleted by amendment.) 33
Sec. 73. (Deleted by amendment.) 34
Sec. 74. (Deleted by amendment.) 35
Sec. 75. (Deleted by amendment.) 36
Sec. 76. (Deleted by amendment.) 37
Sec. 76.5. NRS 483.490 is hereby amended to read as follows: 38
483.490 1. Except as otherwise provided in this section, after 39
a driver’s license has been suspended or revoked and one-half of the 40
period during which the driver is not eligible for a license has 41
expired, the Department may, unless the statute authorizing the 42
suspension or revocation prohibits the issuance of a restricted 43
license, issue a rest ricted driver’s license to an applicant permitting 44
the applicant to drive a motor vehicle: 45
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(a) To and from work or in the course of his or her work, or 1
both; or 2
(b) To acquire supplies of medicine or food or receive regularly 3
scheduled medical care for h imself, herself or a member of his or 4
her immediate family. 5
Before a restricted license may be issued, the applicant must 6
submit sufficient documentary evidence to satisfy the Department 7
that a severe hardship exists because the applicant has no alternative 8
means of transportation and that the severe hardship outweighs the 9
risk to the public if the applicant is issued a restricted license. 10
2. If the driver’s license of a person assigned to a program 11
established pursuant to NRS 484C.392 is suspended or r evoked, the 12
Department may issue a restricted driver’s license to an applicant 13
that is valid while he or she is participating in and complying with 14
the requirements of the program and that permits the applicant to 15
drive a motor vehicle: 16
(a) To and from a testing location established by a designated 17
law enforcement agency pursuant to NRS 484C.393; 18
(b) If applicable, to and from work or in the course of his or her 19
work, or both; 20
(c) To and from court appearances; 21
(d) To and from counseling; or 22
(e) To re ceive regularly scheduled medical care for himself or 23
herself. 24
3. Except as otherwise provided in NRS 62E.430, 6 2E.440, 25
62E.630 [,] and 62E.690, after a driver’s license has been revoked 26
or suspended pursuant to title 5 of NRS or NRS 392.148, the 27
Department may issue a restricted driver’s license to an applicant 28
permitting the applicant to drive a motor vehicle: 29
(a) If applicable, to and from work or in the course of his or her 30
work, or both; or 31
(b) If applicable, to and from school. 32
4. After a driver’s license has been suspended pursuant to NRS 33
483.443, the Department may issue a restricted driver’s license to an 34
applicant permitting the applicant to drive a motor vehicle: 35
(a) If applicable, to and from work or in the course of his or her 36
work, or both; 37
(b) To receive regularly scheduled medical care for himself, 38
herself or a member of his or her immediate family; or 39
(c) If applicable, as necessary to exercise a court-ordered right to 40
visit a child. 41
5. A driver who violates a condition of a restricted license 42
issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and, 43
if the license of the driver was suspended or revoked for: 44
(a) A violation of NRS 484C.110, 484C.210 or 484C.430; 45
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(b) A homicide resulting from driving or being in a ctual 1
physical control of a vehicle while under the influence of 2
intoxicating liquor or a controlled substance or resulting from any 3
other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 4
or 5
(c) A violation of a law of any other jurisdiction that prohibits 6
the same or similar conduct as set forth in paragraph (a) or (b), 7
the driver shall be punished in the manner provided pursuant to 8
subsection 2 of NRS 483.560. 9
6. The periods of suspensions and revocations required 10
pursuant to this chapter and NRS 484C.210 must run consecutively, 11
except as otherwise provided in NRS 483.465 and 483.475, when 12
the suspensions must run concurrently. 13
7. Whenever the Department suspends or revokes a license, the 14
period of suspension, or of ineligibility for a lice nse after the 15
revocation, begins upon the effective date of the revocation or 16
suspension as contained in the notice thereof. 17
8. Any person for whom a court provides an exception relating 18
to the installation of an ignition interlock device pursuant to 19
subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is 20
eligible for a restricted driver’s license under this section while the 21
person is participating in and complying with the requirements of a 22
program established pursuant to NRS 484C.392. 23
9. If the Department receives a copy of an order requiring a 24
person to install an ignition interlock device in a motor vehicle 25
pursuant to NRS 484C.460, the Department shall issue an ignition 26
interlock privilege to the person after he or she submits proof of 27
compliance with the order. A person who is required to install an 28
ignition interlock device pursuant to NRS 484C.210 or 484C.460 29
shall install the device not later than 14 days after the date on which 30
the order was issued. A driver who violates any condition of an 31
ignition interlock privilege issued pursuant to this subsection is 32
guilty of a misdemeanor and shall be punished in the same manner 33
provided in subsection 2 of NRS 483.560 for driving a vehicle while 34
a driver’s license is cancelled, revoked or suspended. 35
Sec. 77. NRS 484C.110 is hereby amended to read as follows: 36
484C.110 1. It is unlawful for any person who: 37
(a) Is under the influence of intoxicating liquor; 38
(b) Has a concentration of alcohol of 0.08 or more in h is or her 39
blood or breath; or 40
(c) Is found by measurement within 2 hours after driving or 41
being in actual physical control of a vehicle to have a concentration 42
of alcohol of 0.08 or more in his or her blood or breath, 43
to drive or be in actual physical control of a vehicle on a highway 44
or on premises to which the public has access. 45
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2. It is unlawful for any person who: 1
(a) Is under the influence of a controlled substance; 2
(b) Is under the combined influence of intoxicating liquor and a 3
controlled substance; or 4
(c) Inhales, ingests, applies or otherwise uses any chemical, 5
poison or organic solvent, or any compound or combination of any 6
of these, to a degree which renders the person incapable of safely 7
driving or exercising actual physical control of a vehicle, 8
to drive or be in actual physical control of a vehicle on a highway 9
or on premises to which the public has access. The fact that any 10
person charged with a violation of this subsection is or has been 11
entitled to use that drug under the laws of this State i s not a defense 12
against any charge of violating this subsection. 13
3. It is unlawful for any person to drive or be in actual physical 14
control of a vehicle on a highway or on premises to which the public 15
has access with an amount of any of the following pro hibited 16
substances in his or her blood or urine that is equal to or greater 17
than: 18
19
Urine Blood 20
Nanograms 21
Prohibited substance per milliliter per milliliter 22
23
(a) Amphetamine 500 100 24
(b) Cocaine 150 50 25
(c) Cocaine metabolite 150 50 26
(d) Heroin 2,000 50 27
(e) Heroin metabolite: 28
(1) Morphine 2,000 50 29
(2) 6-monoacetyl morphine 10 10 30
(f) Lysergic acid diethylamide 25 10 31
(g) Methamphetamine 500 100 32
(h) Phencyclidine 25 10 33
34
4. For any violation that is punishable pursuant to paragraph 35
(c) of subsection 1 of NRS 484C.400, NRS 484C.410, 484C.430 or 36
484C.440, it is unlawful for any person to drive or be in actual 37
physical control of a vehicle on a highway or on premises to which 38
the public has access with an amount of any of the following 39
prohibited substances in his or her blood that is equal to or greater 40
than: 41
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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 8
evidence, it is an affirmative defense under paragraph (c) of 9
subsection 1 that the defendant consumed a sufficient quantity of 10
alcohol after driving or being in actual physical control of the 11
vehicle, and before his or her blood or breath was tested, to cause 12
the defendant to have a concentration of alcohol of 0.08 or more in 13
his or her blood or breath. A defendant who intends to offer this 14
defense at a trial or preliminary hearing must, not less than 14 days 15
before the tri al or hearing or at such other time as the court may 16
direct, file and serve on the prosecuting attorney a written notice of 17
that intent. 18
6. A person who violates any provision of this section may be 19
subject to any additional penalty set forth in NRS 484B.130 or 20
484B.135. 21
Sec. 78. (Deleted by amendment.) 22
Sec. 79. (Deleted by amendment.) 23
Sec. 80. NRS 484C.430 is hereby amended to read as follows: 24
484C.430 1. [Unless a greater penalty is provided pursuant to 25
NRS 484C.440, a] A person who: 26
(a) Is under the influence of intoxicating liquor; 27
(b) Has a concentration of alcohol of 0.08 or more in his or her 28
blood or breath; 29
(c) Is found by measurement within 2 hours after driving or 30
being in actual physical control of a vehicle to have a concentration 31
of alcohol of 0.08 or more in his or her blood or breath; 32
(d) Is under the influence of a controlled substance or is under 33
the combined influence of into xicating liquor and a controlled 34
substance; 35
(e) Inhales, ingests, applies or otherwise uses any chemical, 36
poison or organic solvent, or any compound or combination of any 37
of these, to a degree which renders the person incapable of safely 38
driving or exercising actual physical control of a vehicle; or 39
(f) Has a prohibited substance in his or her blood or urine, as 40
applicable, in an amount that is equal to or greater than the amount 41
set forth in subsection 3 or 4 of NRS 484C.110, 42
and does any act or neglec ts any duty imposed by law while 43
driving or in actual physical control of any vehicle on or off the 44
highways of this State, if the act or neglect of duty proximately 45
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causes the death of, or substantial bodily harm to, another person, 1
shall be punished as provided in subsection 2. 2
2. Unless a greater penalty is provided pursuant to NRS 3
484C.440, a person who violates any provision of subsection 1 is 4
guilty of : 5
(a) If the violation proximately causes the death of another 6
person and the person who committed the violation: 7
(1) Has not previously been convicted of any offense, a 8
category B felony and shall be punished by a term of 9
imprisonment in the state prison for a minimum term of not less 10
than 2 years and a maximum term of not more than 25 years and 11
must be further punished by a fine of not less than $2,000 nor 12
more than $5,000. 13
(2) Has previously been convicted of one or two offenses, a 14
category B felony and shall be punished by a term of 15
imprisonment in the state prison for a minimum term of not less 16
than 5 years and a maximum term of not more than 25 years and 17
must be further punished by a fine of not less than $2,000 nor 18
more than $5,000. 19
(b) If the violation proximately causes substantial bodily harm 20
to another person, a category B felony and shall be punished by 21
imprisonment in the state prison for a minimu m term of not less 22
than 2 years and a maximum term of not more than 20 years and 23
must be further punished by a fine of not less than $2,000 nor more 24
than $5,000. 25
3. A person [so] imprisoned pursuant to subsection 2 must, 26
insofar as practicable, be segre gated from offenders whose crimes 27
were violent and, insofar as practicable, be assigned to an institution 28
or facility of minimum security. 29
[2.] 4. A prosecuting attorney shall not dismiss a charge of 30
violating the provisions of subsection 1 in exchange f or a plea of 31
guilty, guilty but mentally ill or nolo contendere to a lesser charge or 32
for any other reason unless the attorney knows or it is obvious that 33
the charge is not supported by probable cause or cannot be proved at 34
the time of trial. A sentence im posed pursuant to subsection [1] 2 35
may not be suspended nor may probation be granted. 36
[3.] 5. Except as otherwise provided in subsection [4,] 6, if 37
consumption is proven by a preponderance of the evidence, it is an 38
affirmative defense under paragraph (c) of subsection 1 that the 39
defendant consumed a sufficient quantity of alcohol after driving or 40
being in actual physical control of the vehicle, and before his or her 41
blood or breath was tested, to cause the defendant to have a 42
concentration of alcohol of 0 .08 or more in his or her blood or 43
breath. A defendant who intends to offer this defense at a trial 44
or preliminary hearing must, not less than 14 days before the trial or 45
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hearing or at such other time as the court may direct, file and serve 1
on the prosecuting attorney a written notice of that intent. 2
[4.] 6. If the defendant is also charged with violating the 3
provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant 4
may not offer the affirmative defense set forth in subsection [3.] 5. 5
[5.] 7. If the defendant was transporting a person who is less 6
than 15 years of age in the motor vehicle at the time of the violation, 7
the court shall consider that fact as an aggravating factor in 8
determining the sentence of the defendant. 9
8. As used in this section, “offense” means: 10
(a) A violation of this section; 11
(b) A violation of NRS 484C.110 or 484C.120; 12
(c) A homicide resulting from driving or being in actual 13
physical control of a vehicle while under the influence of 14
intoxicating liquor or a controlled substance or resulting from any 15
other conduct prohibited by this section or NRS 484C.110 or 16
484C.130; or 17
(d) A violation of a law of any other jurisdiction that prohibits 18
the same or similar conduct as set forth in paragraph (a), (b) 19
or (c). 20
Sec. 81. NRS 488.410 is hereby amended to read as follows: 21
488.410 1. It is unlawful for any person who: 22
(a) Is under the influence of intoxicating liquor; 23
(b) Has a concentration of alcohol of 0.08 or more in his or her 24
blood or breath; or 25
(c) Is found by measurement within 2 hours after operating or 26
being in actual physical control of a power -driven vessel or sailing 27
vessel under way to have a concentration of alcohol of 0.08 or more 28
in his or her blood or breath, 29
to ope rate or be in actual physical control of a power -driven 30
vessel or sailing vessel under way on the waters of this State. 31
2. It is unlawful for any person who: 32
(a) Is under the influence of a controlled substance; 33
(b) Is under the combined influence of i ntoxicating liquor and a 34
controlled substance; or 35
(c) Inhales, ingests, applies or otherwise uses any chemical, 36
poison or organic solvent, or any compound or combination of any 37
of these, to a degree which renders the person incapable of safely 38
operating o r exercising actual physical control of a power -driven 39
vessel or sailing vessel under way, 40
to operate or be in actual physical control of a power -driven 41
vessel or sailing vessel under way on the waters of this State. 42
3. It is unlawful for any person to operate or be in actual 43
physical control of a power -driven vessel or sailing vessel under 44
way on the waters of this State with an amount of any of the 45
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following prohibited substances in his or her blood or urine that is 1
equal to or greater than: 2
3
Urine Blood 4
Nanograms per Nanograms per 5
Prohibited substance milliliter milliliter 6
7
(a) Amphetamine 500 100 8
(b) Cocaine 150 50 9
(c) Cocaine metabolite 150 50 10
(d) Heroin 2,000 50 11
(e) Heroin metabolite: 12
(1) Morphine 2,000 50 13
(2) 6-monoacetyl morphine 10 10 14
(f) Lysergic acid diethylamide 25 10 15
(g) Methamphetamine 500 100 16
(h) Phencyclidine 25 10 17
18
4. For any violation that is punishable pursuant to NRS 19
488.420, 488.425 or 488.427, it is unlawful for any person to 20
operate or be in actual physical control o f a power -driven vessel or 21
sailing vessel under way on the waters of this State with an amount 22
of any of the following prohibited substances in his or her blood that 23
is equal to or greater than: 24
25
Blood 26
Nanograms per 27
Prohibited substance milliliter 28
29
(a) Marijuana (delta-9-tetrahydrocannabinol) 2 30
(b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 31
32
5. If consumption is proven by a preponderance of the 33
evidence, it is an affirmative defense under paragraph (c) of 34
subsection 1 that the defendant co nsumed a sufficient quantity of 35
alcohol after operating or being in actual physical control of the 36
power-driven vessel or sailing vessel, as applicable, under way and 37
before his or her blood was tested, to cause the defendant to have a 38
concentration of 0.0 8 or more of alcohol in his or her blood or 39
breath. A defendant who intends to offer this defense at a trial 40
or preliminary hearing must, not less than 14 days before the trial or 41
hearing or at such other time as the court may direct, file and serve 42
on the prosecuting attorney a written notice of that intent. 43
6. Except as otherwise provided in NRS 488.427, a person who 44
violates the provisions of this section is guilty of a misdemeanor. 45
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Sec. 82. NRS 488.420 is hereby amended to read as follows: 1
488.420 1. [Unless a greater penalty is provided pursuant to 2
NRS 488.425, a] A person who: 3
(a) Is under the influence of intoxicating liquor; 4
(b) Has a concentration of alcohol of 0.08 or more in his or her 5
blood or breath; 6
(c) Is found by measurement within 2 hours after operating or 7
being in actual physical control of a power -driven vessel or sailing 8
vessel under way to have a concentration of alcohol of 0.08 or more 9
in his or her blood or breath; 10
(d) Is under the influe nce of a controlled substance or is under 11
the combined influence of intoxicating liquor and a controlled 12
substance; 13
(e) Inhales, ingests, applies or otherwise uses any chemical, 14
poison or organic solvent, or any compound or combination of any 15
of these, to a degree which renders the person incapable of safely 16
operating or being in actual physical control of a power -driven 17
vessel or sailing vessel under way; or 18
(f) Has a prohibited substance in his or her blood or urine, as 19
applicable, in an amount that is equal to or greater than the amount 20
set forth in subsection 3 or 4 of NRS 488.410, 21
and does any act or neglects any duty imposed by law while 22
operating or being in actual physical control of any power -driven 23
vessel or sailing vessel under way, if the act or neglect of duty 24
proximately causes the death of, or substantial bodily harm to, 25
another person, shall be punished as provided in subsection 2. 26
2. Unless a greater penalty is provided pursuant to NRS 27
488.425, a person who violates subsection 1 is guilty of : 28
(a) If the violation proximately causes the death of another 29
person and the person who committed the violation: 30
(1) Has not previously been convicted of an y offense, a 31
category B felony and shall be punished by a term of 32
imprisonment in t he state prison for a minimum term of not less 33
than 2 years and a maximum term of not more than 25 years and 34
shall be further punished by a fine of not less than $2,000 nor 35
more than $5,000. 36
(2) Has previously been convicted of one or two offenses, a 37
category B felony and shall be punished by a term of 38
imprisonment in the state prison for a minimum term of not less 39
than 5 years and a maximum term of not more than 25 years and 40
shall be further punished by a fine of not less than $2,000 nor 41
more than $5,000. 42
(b) If the violation proximately causes substantial bodily harm 43
to another person, a category B felony and shall be punished by 44
imprisonment in the state prison for a minimum term of not less 45
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than 2 years and a maximum term of not more than 20 years and 1
shall be further punished by a fine of not less than $2,000 nor more 2
than $5,000. 3
3. A person [so] imprisoned pursuant to subsection 2 must, 4
insofar as practicable, be segregated from offenders whose crimes 5
were violent and, insofar as practicable, be assigned to an institution 6
or facility of minimum security. 7
[2.] 4. A prosecuting attorney shall not dismiss a charge of 8
violating the provisions of subsection 1 in exchange for a plea of 9
guilty, guilty but mentally ill or nolo contendere to a lesser charge or 10
for any other reason unless the prosecuting attorney knows or i t is 11
obvious that the charge is not supported by probable cause or cannot 12
be proved at the time of trial. A sentence imposed pursuant to 13
subsection [1] 2 must not be suspended, and probation must not be 14
granted. 15
[3.] 5. If consumption is proven by a prep onderance of the 16
evidence, it is an affirmative defense under paragraph (c) of 17
subsection 1 that the defendant consumed a sufficient quantity of 18
alcohol after operating or being in actual physical control of the 19
power-driven vessel or sailing vessel, as ap plicable, under way and 20
before his or her blood was tested, to cause the defendant to have a 21
concentration of alcohol of 0.08 or more in his or her blood or 22
breath. A defendant who intends to offer this defense at a trial 23
or preliminary hearing must, not less than 14 days before the trial or 24
hearing or at such other time as the court may direct, file and serve 25
on the prosecuting attorney a written notice of that intent. 26
[4.] 6. If a person less than 15 years of age was in the vessel at 27
the time of the de fendant’s violation, the court shall consider that 28
fact as an aggravating factor in determining the sentence of the 29
defendant. 30
7. As used in this section, “offense” means: 31
(a) A violation of this section; 32
(b) A violation of NRS 488.410; 33
(c) A homicide resulting from operating or being in actual 34
physical custody of a power -driven vessel or sailing vessel under 35
way while under the influence of intoxicating liquor or a 36
controlled substance or resulting from any other conduct 37
prohibited by this section or NRS 488.410 or 488.425; or 38
(d) A violation of a law of any other jurisdiction that prohibits 39
the same or similar conduct as set forth in paragraph (a) , (b) 40
or (c). 41
Sec. 83. (Deleted by amendment.) 42
Sec. 84. (Deleted by amendment.) 43
Sec. 85. NRS 641.029 is hereby amended to read as follows: 44
641.029 The provisions of this chapter do not apply to: 45
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1. A physician who is licensed to practice in this State; 1
2. A person who is licensed to practice dentistry in this State; 2
3. A person who is licensed as a marriage and family therapist 3
or marriage and family therapist intern pursuant to chapter 641A of 4
NRS; 5
4. A person who is licensed as a clinical professional counselor 6
or clinical professional counselor intern pursuant to chapter 641A of 7
NRS; 8
5. A person who is licensed to engage in social work pursuant 9
to chapter 641B of NRS; 10
6. A person who is licensed as an occupational therapist or 11
occupational therapy assistant pursuant to chapter 640A of NRS; 12
7. A person who is licensed as a clinical alcohol and drug 13
counselor, licensed or certified as an alcohol and drug counselor or 14
certified as an alcohol and drug counselor intern, a clinical alcohol 15
and drug counselor intern, a problem gambling counselor or a 16
problem gambling counselor intern, pursuant to chapter 641C of 17
NRS; 18
8. A person who provides or supervises the provision of peer 19
recovery support services in accordance with the provisi ons of NRS 20
433.622 to 433.641, inclusive [;] , and section 66 of this act; 21
9. A person who is licensed as a behavior analyst or an 22
assistant behavior analyst or registered as a registered behavior 23
technician pursuant to chapter 641D of NRS, while engaged in the 24
practice of applied behavior analysis as defined in NRS 641D.080; 25
or 26
10. Any member of the clergy, 27
if such a person does not commit an act described in NRS 28
641.440 or represent himself or herself as a psychologist. 29
Sec. 86. NRS 641B.040 is hereby amended to read as follows: 30
641B.040 The provisions of this chapter do not apply to: 31
1. A physician who is licensed to practice in this State; 32
2. A nurse who is licensed to practice in this State; 33
3. A person who is licensed as a psychologist pursuant to 34
chapter 641 of NRS or authorized to practice psychology in this 35
State pursuant to the Psychology Interjurisdictional Compact 36
enacted in NRS 641.227; 37
4. A person who is licensed as a marria ge and family therapist 38
or marriage and family therapist intern pursuant to chapter 641A of 39
NRS; 40
5. A person who is licensed as a clinical professional counselor 41
or clinical professional counselor intern pursuant to chapter 641A of 42
NRS; 43
6. A person who is licensed as an occupational therapist or 44
occupational therapy assistant pursuant to chapter 640A of NRS; 45
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7. A person who is licensed as a clinical alcohol and drug 1
counselor, licensed or certified as an alcohol and drug counselor or 2
certified as a cl inical alcohol and drug counselor intern, an alcohol 3
and drug counselor intern, a problem gambling counselor or a 4
problem gambling counselor intern, pursuant to chapter 641C of 5
NRS; 6
8. A person who provides or supervises the provision of peer 7
recovery su pport services in accordance with NRS 433.622 to 8
433.641, inclusive [;] , and section 66 of this act; 9
9. Any member of the clergy; 10
10. A county welfare director; 11
11. Any person who may engage in social work or clinical 12
social work in his or her regular governmental employment but does 13
not hold himself or herself out to the public as a social worker; or 14
12. A student of social work and any other person preparing for 15
the profession of social work under the supervision of a qualified 16
social worker in a training institution or facility recognized by the 17
Board, unless the student or other person has been issued a 18
provisional license pursuant to paragraph (b) of subsection 1 of NRS 19
641B.275. Such a student must be designated by the title “student of 20
social work” or “trainee in social work,” or any other title which 21
clearly indicates the student’s training status. 22
Sec. 87. NRS 641C.130 is hereby amended to read as follows: 23
641C.130 The provisions of this chapter do not apply to: 24
1. A physician who is licensed pursuant to the provisions of 25
chapter 630 or 633 of NRS; 26
2. A nurse who is licensed pursuant to the provisions of chapter 27
632 of NRS and is authorized by the State Board of Nursing to 28
engage in the practice of counseling persons with alcohol and other 29
substance use disorders or the practice of counseling persons with 30
an addictive disorder related to gambling; 31
3. A psychologist who is licensed pursuant to the provisions of 32
chapter 641 of NRS or authorized to pr actice psychology in this 33
State pursuant to the Psychology Interjurisdictional Compact 34
enacted in NRS 641.227; 35
4. A clinical professional counselor or clinical professional 36
counselor intern who is licensed pursuant to chapter 641A of NRS; 37
5. A marriage and family therapist or marriage and family 38
therapist intern who is licensed pursuant to the provisions of chapter 39
641A of NRS and is authorized by the Board of Examiners for 40
Marriage and Family Therapists and Clinical Professional 41
Counselors to engage in the practice of counseling persons with 42
alcohol and other substance use disorders or the practice of 43
counseling persons with an addictive disorder related to gambling; 44
6. A person who is: 45
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(a) Licensed as: 1
(1) A clinical social worker pursuant to the provisions of 2
chapter 641B of NRS; or 3
(2) A master social worker or an independent social worker 4
pursuant to the provisions of chapter 641B of NRS and is engaging 5
in clinical social work as part of an internship program approved by 6
the Board of Examiners for Social Workers; and 7
(b) Authorized by the Board of Examiners for Social Workers to 8
engage in the practice of counseling persons with alcohol and other 9
substance use disorders or the practice of counseling persons with 10
an addictive disorder related to gambling; or 11
7. A person who provides or supervises the provision of peer 12
recovery support services in accordance with NRS 433.622 to 13
433.641, inclusive [.] , or section 66 of this act. 14
Sec. 87.3. 1. There is hereby appropriated from the State 15
General Fund to the Interim Finance Committee for allocation to the 16
Administrative Office of the Courts for the purpose of carrying out 17
the provisions of this act the following sums: 18
For the Fiscal Year 2025-2026 .................................. $919,080 19
For the Fiscal Year 2026-2027 .................................. $948,695 20
2. Any balance of the sums appropriated by subsection 1 21
remaining at the end of the respective fiscal years must not be 22
committed for expenditure after June 30 of the respective fiscal 23
years by the entity to which the app ropriation is made or any entity 24
to which money from the appropriation is granted or otherwise 25
transferred in any manner, and any portion of the appropriated 26
money remaining must not be spent for any purpose after 27
September 18, 2026, and September 17, 202 7, respectively, by 28
either the entity to which the money was appropriated or the entity 29
to which the money was subsequently granted or transferred, and 30
must be reverted to the State General Fund on or before 31
September 18, 2026, and September 17, 2027, respectively. 32
Sec. 87.5. 1. There is hereby appropriated from the State 33
General Fund to the Interim Finance Committee for allocation to the 34
Department of Corrections for costs associated with carrying out the 35
provisions of this act the following sums: 36
For the Fiscal Year 2025-2026 ............................... $2,242,145 37
For the Fiscal Year 2026-2027 ............................... $2,915,779 38
2. Any balance of the sums appropriated by subsection 1 39
remaining at the end of the respective fiscal years must not be 40
committed for expenditu re after June 30 of the respective fiscal 41
years by the entity to which the appropriation is made or any entity 42
to which money from the appropriation is granted or otherwise 43
transferred in any manner, and any portion of the appropriated 44
money remaining must not be spent for any purpose after 45
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September 18, 2026, and September 17, 2027, respectively, by 1
either the entity to which the money was appropriated or the entity 2
to which the money was subsequently granted or transferred, and 3
must be reverted to the St ate General Fund on or before 4
September 18, 2026, and September 17, 2027, respectively. 5
Sec. 88. (Deleted by amendment.) 6
Sec. 89. The provisions of subsection 1 of NRS 218D.380 do 7
not apply to any provision of this act which adds or revises a 8
requirement to submit a report to the Legislature. 9
H