SB304 - Revises provisions relating to the crime of vehicular homicide. (BDR 43-370)

EXEMPT (Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT S.B. 304 - *SB304_R1* SENATE BILL NO. 304–SENATORS STONE, HANSEN, BUCK, KRASNER, TITUS; ELLISON AND STEINBECK MARCH 10, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER GALLANT ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to the crime of vehicular homicide. (BDR 43-370) FISCAL NOTE: Effect on Local Government: No. 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 vehicular homicide; revising the elements required for a person to commit the crime of vehicular homicide; revising provisions relating to penalties for certain prohibited acts involving the operation of a vehicle; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, a person commits the crime of vehicular homicide if the 1 person: (1) drives or is in actual physical control of a vehicle while under the 2 influence of alcohol or certain other substances; (2) proximately causes the death of 3 another person while driving or in actual physical control of a vehicle; and (3) has 4 previously been convicted of at least three offenses. (NRS 484C.130) Section 1.5 5 of this bill removes the element of having been previously convicted of at least 6 three offenses from the crime of vehicular homicide. 7 Section 5 of this bill provides that a person who drives a vehicle while under 8 the influence of alcohol or a prohibited substance and proximately causes 9 substantial bodily harm to another person, rather than substantial bodily harm or 10 death, is guilty of a category B felony and must be punished by: (1) imprisonment 11 in the state prison for a minimum term of not less than 2 years and a maximum term 12 of not more than 20 years; and (2) a fine of not less than $2,000 and not more than 13 $5,000. (NRS 484C.430) Sections 1, 1.2, 1.3, 2-4, 6 and 7 of this bill make 14 conforming changes to certain provisions relating to certain homicides to account 15 for changes made by section 5. 16 – 2 – - *SB304_R1* 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 5 the driver is not eligible for a license, permit or privilege to drive for 6 the period indicated: 7 (a) For a period of 185 days, if the offense is a first violation 8 within 7 years of NRS 484C.110 or 484C.120. 9 (b) For a period of 1 year if the offense is: 10 (1) Except as otherwise provided in paragraph (c), any 11 manslaughter, including vehicular manslaughter as described in 12 NRS 484B.657, resulting from the driving of a motor vehicle or 13 felony in the commission of which a motor vehicle is used, 14 including the unlawful taking of a motor vehicle. 15 (2) Failure to stop and render aid as required pursuant to the 16 laws of this State in the event of a motor vehicle crash resulting in 17 the death or bodily injury of another. 18 (3) Perjury or the making of a false affidavit or statement 19 under oath to the Department pursuant to NRS 483.010 to 483.630, 20 inclusive, or pursuant to any other law relating to the ownership or 21 driving of motor vehicles. 22 (4) Conviction, or forfeiture of bail not vacated, upon three 23 charges of reckless driving committed within a period of 12 months. 24 (5) A second violation within 7 years of NRS 484C.110 or 25 484C.120. 26 (6) A violation of NRS 484B.550. 27 (c) For a period of 3 years if the offense is: 28 (1) A first violation of driving without an ignition interlock 29 device or tampering with an ignition interlock device pursuant to 30 subsection 2 of NRS 484C.470 and the driver is not eligible for a 31 restricted license or an ignition interlock privilege during any of that 32 period. 33 (2) A violation of subsection 9 of NRS 484B.653. 34 (3) A third or subsequent violation within 7 years of NRS 35 484C.110 or 484C.120. 36 (4) A violation of NRS 484C.110 or 484C.120 resulting in a 37 felony conviction pursuant to NRS 484C.400 or 484C.410. 38 (5) A violation of NRS 484C.430 or a homicide resulting 39 from driving or being in actual physical control of a vehicle while 40 under the influence of intoxicating liquor or a controlled substance 41 – 3 – - *SB304_R1* or resulting from any other conduct prohibited by NRS 484C.110 [,] 1 or 484C.130 . [or 484C.430.] 2  The period during which such a driver is not eligible for a 3 license, permit or privilege to drive must be set aside during any 4 period of imprisonment and the period of revocation must resume 5 when the Department is notified pursuant to NRS 209.517 or 6 213.12185 that the person has completed the period of 7 imprisonment or that the person has been placed on residential 8 confinement or parole. 9 (d) For a period of 5 years if the offense is a second or 10 subsequent violation of driving without an ignition interlock device 11 or tampering with an ignition interlock device pursuant to 12 subsection 2 of NRS 484C.470 and the driver is not eligible for a 13 restricted license or an ignition interlock privilege during any of that 14 period. 15 2. The Department shall revoke the license, permit or privilege 16 of a driver convicted of violating NRS 484C.110 or 484C.120 who 17 fails to complete the educational course on the use of alcohol and 18 controlled substances within the time ordered by the court and shall 19 add a period of 90 days during which the driver is not eligible for a 20 license, permit or privilege to drive. 21 3. When the Department is notified by a court that a person 22 who has been convicted of a first violation within 7 years of NRS 23 484C.110 has been permitted to enter a program of treatment 24 pursuant to NRS 484C.320, the Department shall reduce by one-half 25 the period during which the person is not eligible for a license, 26 permit or privilege to drive, but shall restore that reduction in time if 27 notified that the person was not accepted for or failed to complete 28 the treatment. 29 4. In addition to any other requirements set forth by specific 30 statute, if the Department is notified that a court has ordered the 31 revocation, suspension or delay in the issuance of a license pursuant 32 to title 5 of NRS, NRS 206.330 or 392.148, chapters 484A to 484E, 33 inclusive, of NRS or any other provision of law, the Department 34 shall take such actions as are necessary to carry out the court’s 35 order. 36 Sec. 1.2. NRS 483.490 is hereby amended to read as follows: 37 483.490 1. Except as otherwise provided in this section, after 38 a driver’s license has been suspended or revoked and one-half of the 39 period during which the driver is not eligible for a license has 40 expired, the Department may, unless the statute authorizing the 41 suspension or revocation prohibits the issuance of a restricted 42 license, issue a restricted driver’s license to an applicant permitting 43 the applicant to drive a motor vehicle: 44 – 4 – - *SB304_R1* (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 himself, 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 revoked, 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 receive regularly scheduled medical care for himself or 23 herself. 24 3. Except as otherwise provided in NRS 62E.630, after a 25 driver’s license has been revoked or suspended pursuant to title 5 of 26 NRS or NRS 392.148, the Department may issue a restricted 27 driver’s license to an applicant permitting the applicant to drive a 28 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 – 5 – - *SB304_R1* (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 [,] or 484C.130 ; [or 4 484C.430;] 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 license 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. 1.3. NRS 483.560 is hereby amended to read as follows: 36 483.560 1. Except as otherwise provided in subsection 2, any 37 person who drives a motor vehicle on a highway or on premises to 38 which the public has access at a time when the person’s driver’s 39 license has been cancelled, revoked or suspended is guilty of a 40 misdemeanor. 41 2. Except as otherwise provided in this subsection, if the 42 license of the person was suspended, revoked or restricted because 43 of: 44 – 6 – - *SB304_R1* (a) A violation of NRS 484C.110, 484C.120, 484C.210 or 1 484C.430; 2 (b) A homicide resulting from driving or being in actual 3 physical control of a vehicle while under the influence of 4 intoxicating liquor or a controlled substance or resulting from any 5 other conduct prohibited by NRS 484C.110 [,] or 484C.130 ; [or 6 484C.430;] or 7 (c) A violation of a law of any other jurisdiction that prohibits 8 the same or similar conduct as set forth in paragraph (a) or (b), 9  the person shall be punished by imprisonment in jail for not less 10 than 30 days nor more than 6 months or by serving a term of 11 residential confinement for not less than 60 days nor more than 6 12 months, and shall be further punished by a fine of not less than $500 13 nor more than $1,000. A person who is punished pursuant to this 14 subsection may not be granted probation, and a sentence imposed 15 for such a violation may not be suspended. A prosecutor may not 16 dismiss a charge of such a violation in exchange for a plea of guilty, 17 guilty but mentally ill or nolo contendere to a lesser charge or for 18 any other reason, unless the prosecutor believes the charge is not 19 supported by probable cause or cannot be proved at trial. The 20 provisions of this subsection do not apply if the period of revocation 21 has expired but the person has not reinstated the license. 22 3. A term of imprisonment imposed pursuant to the provisions 23 of this section may be served intermittently at the discretion of the 24 judge or justice of the peace. This discretion must be exercised after 25 considering all the circumstances surrounding the offense, and the 26 family and employment of the person convicted. However, the full 27 term [Text truncated for display. 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