AB175 - Revises provisions relating to public safety. (BDR 43-162)

A.B. 175 - *AB175* ASSEMBLY BILL NO. 175–ASSEMBLYMEMBER HIBBETTS PREFILED FEBRUARY 2, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to public safety. (BDR 43-162) 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 the penalties for a person who drives a motor vehicle or commercial motor vehicle while under the influence of alcohol or certain other substances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a person from operating a motor vehicle or commercial 1 motor vehicle while under the influence of alcohol or certain other substances. 2 (NRS 484C.110, 484C.120) Except in certain circumstances where a greater 3 penalty applies, a person who violates such existing law is subject to a penalty 4 based upon the number of offenses committed within a period of 7 years. (NRS 5 484C.400) Section 2 of this bill increases this period from 7 years to 10 years. The 6 remaining sections of this bill make conforming changes to reflect the change in 7 section 2. 8 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 483.460 is hereby amended to read as follows: 1 483.460 1. Except as otherwise provided by specific statute, 2 the Department shall revoke the license, permit or privilege of any 3 driver upon receiving a record of his or her conviction of any of the 4 following offenses, when that conviction has become final, and the 5 driver is not eligible for a license, permit or privilege to drive for 6 the period indicated: 7 – 2 – - *AB175* (a) For a period of 185 days, if the offense is a first violation 1 within [7] 10 years of NRS 484C.110 or 484C.120. 2 (b) For a period of 1 year if the offense is: 3 (1) Except as otherwise provided in paragraph (c), any 4 manslaughter, including vehicular manslaughter as described in 5 NRS 484B.657, resulting from the driving of a motor vehicle or 6 felony in the commission of which a motor vehicle is used, 7 including the unlawful taking of a motor vehicle. 8 (2) Failure to stop and render aid as required pursuant to the 9 laws of this State in the event of a motor vehicle crash resulting in 10 the death or bodily injury of another. 11 (3) Perjury or the making of a false affidavit or statement 12 under oath to the Department pursuant to NRS 483.010 to 483.630, 13 inclusive, or pursuant to any other law relating to the ownership or 14 driving of motor vehicles. 15 (4) Conviction, or forfeiture of bail not vacated, upon three 16 charges of reckless driving committed within a period of 12 months. 17 (5) A second violation within [7] 10 years of NRS 484C.110 18 or 484C.120. 19 (6) A violation of NRS 484B.550. 20 (c) For a period of 3 years if the offense is: 21 (1) A first violation of driving without an ignition interlock 22 device or tampering with an ignition interlock device pursuant to 23 subsection 2 of NRS 484C.470 and the driver is not eligible for a 24 restricted license or an ignition interlock privilege during any of that 25 period. 26 (2) A violation of subsection 9 of NRS 484B.653. 27 (3) A third or subsequent violation within [7] 10 years of 28 NRS 484C.110 or 484C.120. 29 (4) A violation of NRS 484C.110 or 484C.120 resulting in a 30 felony conviction pursuant to NRS 484C.400 or 484C.410. 31 (5) A violation of NRS 484C.430 or a homicide resulting 32 from driving or being in actual physical control of a vehicle while 33 under the influence of intoxicating liquor or a controlled substance 34 or resulting from any other conduct prohibited by NRS 484C.110, 35 484C.130 or 484C.430. 36  The period during which such a driver is not eligible for a 37 license, permit or privilege to drive must be set aside during any 38 period of imprisonment and the period of revocation must resume 39 when the Department is notified pursuant to NRS 209.517 or 40 213.12185 that the person has completed the period of 41 imprisonment or that the person has been placed on residential 42 confinement or parole. 43 (d) For a period of 5 years if the offense is a second or 44 subsequent violation of driving without an ignition interlock device 45 – 3 – - *AB175* or tampering with an ignition interlock device pursuant to 1 subsection 2 of NRS 484C.470 and the driver is not eligible for a 2 restricted license or an ignition interlock privilege during any of that 3 period. 4 2. The Department shall revoke the license, permit or privilege 5 of a driver convicted of violating NRS 484C.110 or 484C.120 who 6 fails to complete the educational course on the use of alcohol and 7 controlled substances within the time ordered by the court and shall 8 add a period of 90 days during which the driver is not eligible for a 9 license, permit or privilege to drive. 10 3. When the Department is notified by a court that a person 11 who has been convicted of a first violation within [7] 10 years of 12 NRS 484C.110 has been permitted to enter a program of treatment 13 pursuant to NRS 484C.320, the Department shall reduce by one-half 14 the period during which the person is not eligible for a license, 15 permit or privilege to drive, but shall restore that reduction in time if 16 notified that the person was not accepted for or failed to complete 17 the treatment. 18 4. In addition to any other requirements set forth by specific 19 statute, if the Department is notified that a court has ordered the 20 revocation, suspension or delay in the issuance of a license pursuant 21 to title 5 of NRS, NRS 206.330 or 392.148, chapters 484A to 484E, 22 inclusive, of NRS or any other provision of law, the Department 23 shall take such actions as are necessary to carry out the court’s 24 order. 25 Sec. 2. NRS 484C.400 is hereby amended to read as follows: 26 484C.400 1. Unless a greater penalty is provided pursuant to 27 NRS 484C.430 or 484C.440, and except as otherwise provided in 28 NRS 484C.394 or 484C.410, a person who violates the provisions 29 of NRS 484C.110 or 484C.120: 30 (a) For the first offense within [7] 10 years, is guilty of a 31 misdemeanor. Unless the person is allowed to undergo treatment as 32 provided in NRS 484C.320, the court shall: 33 (1) Except as otherwise provided in subparagraph (4) of this 34 paragraph or subsection 3 of NRS 484C.420, order the person to pay 35 tuition for an educational course on alcohol or other substance use 36 disorders approved by the Department and complete the course 37 within the time specified in the order, and the court shall notify the 38 Department if the person fails to complete the course within the 39 specified time; 40 (2) Unless the sentence is reduced pursuant to 41 NRS 484C.320: 42 (I) Sentence the person to imprisonment for not less than 43 2 days nor more than 6 months in jail or residential confinement for 44 – 4 – - *AB175* not less than 2 days nor more than 6 months, in the manner provided 1 in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or 2 (II) Order the person to perform not less than 48 hours, 3 but not more than 96 hours, of community service; 4 (3) Fine the person not less than $400 nor more than $1,000; 5 and 6 (4) If the person is found to have a concentration of alcohol 7 of 0.18 or more in his or her blood or breath, order the person to 8 attend a program of treatment for an alcohol or other substance use 9 disorder pursuant to the provisions of NRS 484C.360. 10 (b) For a second offense within [7] 10 years, is guilty of a 11 misdemeanor. Unless the sentence is reduced pursuant to NRS 12 484C.330, the court shall: 13 (1) Sentence the person to: 14 (I) Imprisonment for not less than 10 days nor more than 15 6 months in jail; or 16 (II) Residential confinement for not less than 10 days nor 17 more than 6 months, in the manner provided in NRS 4.376 to 18 4.3766, inclusive, or 5.0755 to 5.078, inclusive; 19 (2) Fine the person not less than $750 nor more than $1,000, 20 or order the person to perform an equivalent number of hours of 21 community service; and 22 (3) Order the person to attend a program of treatment for an 23 alcohol or other substance use disorder pursuant to the provisions of 24 NRS 484C.360. 25  A person who willfully fails or refuses to complete successfully a 26 term of residential confinement or a program of treatment ordered 27 pursuant to this paragraph is guilty of a misdemeanor. 28 (c) Except as otherwise provided in NRS 484C.340, for a third 29 offense within [7] 10 years, is guilty of a category B felony and the 30 court: 31 (1) Shall: 32 (I) Sentence the person to imprisonment in the state 33 prison for a minimum term of not less than 1 year and a maximum 34 term of not more than 6 years; and 35 (II) Fine the person not less than $2,000 nor more than 36 $5,000; and 37 (2) May order the person to attend a program of treatment for 38 an alcohol or other substance use disorder pursuant to the provisions 39 of NRS 484C.360 if the results of an evaluation conducted pursuant 40 to NRS 484C.300 indicate that the person has an alcohol or other 41 substance use disorder and that the person can be treated 42 successfully for his or her condition. 43  An offender who is imprisoned pursuant to the provisions of this 44 paragraph must, insofar as practicable, be segregated from offenders 45 – 5 – - *AB175* whose crimes were violent and, insofar as practicable, be assigned 1 to an institution or facility of minimum security. 2 2. An offense that occurred within [7] 10 years immediately 3 preceding the date of the principal offense or after the principal 4 offense constitutes a prior offense for the purposes of this section: 5 (a) When evidenced by a conviction; or 6 (b) If the offense is conditionally dismissed or the judgment of 7 conviction is set aside pursuant to NRS 176A.240, 176A.260 or 8 176A.290 or dismissed in connection with successful completion of 9 a diversionary program or specialty court program, 10  without regard to the sequence of the offenses and convictions. 11 The facts concerning a prior offense must be alleged in the 12 complaint, indictment or information, must not be read to the jury or 13 proved at trial but must be proved at the time of sentencing and, if 14 the principal offense is alleged to be a felony, must also be shown at 15 the preliminary examination or presented to the grand jury. 16 3. A term of confinement imposed pursuant to the provisions 17 of this section may be served intermittently at the discretion of the 18 judge or justice of the peace, except that a person who is convicted 19 of a second or subsequent offense within [7] 10 years must be 20 confined for at least one segment of not less than 48 consecutive 21 hours. This discretion must be exercised after considering all the 22 circumstances surrounding the offense, and the family and 23 employment of the offender, but any sentence of 30 days or less 24 must be served within 6 months after the date of conviction or, if the 25 offender was sentenced pursuant to NRS 484C.320 or 484C.330 and 26 the suspension of his or her sentence was revoked, within 6 months 27 after the date of revocation. Any time for which the offender is 28 confined must consist of not less than 24 consecutive hours. 29 4. Jail sentences simultaneously imposed pursuant to this 30 section and NRS 482.456, 483.560, 484C.410 or 485.330 must run 31 consecutively. 32 5. If the defendant was transporting a person who is less than 33 15 years of age in the motor vehicle at the time of the violation, the 34 court shall consider that fact as an aggravating factor in determining 35 the sentence of the defendant. 36 6. For the purpose of determining whether one offense occurs 37 within [7] 10 years of another offense, any period of time between 38 the two offenses during which, for any such offense, the offender is 39 imprisoned, serving a term of residential confinement, placed under 40 the supervision of a treatment provider, on parole or on probation 41 must be excluded. 42 7. As used in this section, unless the context otherwise 43 requires, “offense” means: 44 (a) A violation of NRS 484C.110, 484C.120 or 484C.430; 45 – 6 – - *AB175* (b) A homicide resulting from driving or being in actual 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 Sec. 3. NRS 484C.410 is hereby amended to read as follows: 8 484C.410 1. Unless a greater penalty is provided in NRS 9 484C.440, a person who has previously been convicted of: 10 (a) A violation of NRS 484C.110 or 484C.120 that is punishable 11 as a felony pursuant to paragraph (c) of subsection 1 of 12 NRS 484C.400; 13 (b) A violation of NRS 484C.430; 14 (c) A homicide resulting from driving or being in actual physical 15 control of a vehicle while under the influence of intoxicating liquor 16 or a controlled substance or resulting from any other conduct 17 prohibited by NRS 484C.110, 484C.130 or 484C.430; 18 (d) A violation of a law of any other jurisdiction that prohibits 19 the same or similar conduct as set forth in paragraph (a), (b) or (c); 20 or 21 (e) A violation of NRS 484C.110 or 484C.120 that is punishable 22 pursuant to paragraph (c) of subsection 1 of NRS 484C.400 that was 23 reduced from a felony pursuant to NRS 484C.340, 24  and who violates the provisions of NRS 484C.110 or 484C.120 is 25 guilty of a category B felony and shall be punished by imprisonment 26 in the state prison for a minimum term of not less than 2 years and a 27 maximum term of not more than 15 years, and shall be further 28 punished by a fine of not less than $2,000 nor more than $5,000. An 29 offender so imprisoned must, insofar as practicable, be segregated 30 from offender [Text truncated for display. Full text available on LegiScan.]