SB309 - Revises provisions relating to crimes. (BDR 43-906)

- 83rd Session (2025) Senate Bill No. 309–Senator Steinbeck CHAPTER.......... AN ACT relating to crimes; revising provisions relating to driving under the influence of alcohol or certain other prohibited substances; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes various penalties applicable to the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance, depending on whether the offense is the first, second or third offense within 7 years. (NRS 484C.400) Among other things, a court may sentence a person who is found guilty of a second offense within 7 years to: (1) imprisonment for not less than 10 days nor more than 6 months in jail; or (2) residential confinement for not less than 10 days nor more than 6 months. Section 12 of this bill increases the minimum term of imprisonment or residential confinement to 20 days. Existing law requires an offender who had a concentration of alcohol of 0.18 or more in his or her blood or breath at the time of an offense to be evaluated before sentencing to determine whether the offender has an alcohol or substance use disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of alcohol threshold to require an offender who had a concentration of alcohol of 0.16 or more in his or her blood or breath at the time of the offense to be evaluated for an alcohol or substance use disorder. Sections 1, 9 and 12 of this bill make conforming changes to reduce references to the concentration of alcohol from 0.18 to 0.16. Section 38 of this bill makes a technical change to repeal a definition that is not used in chapter 484C of NRS. Additionally, existing law, under certain circumstances, authorizes certain first, second and third-time offenders to apply to the court to undergo a program of treatment for an alcohol or other substance use disorder. (NRS 484C.320, 484C.330, 484C.340) Existing law prohibits an offender from applying to undergo such a program for third-time offenders if the offender has previously applied to receive such treatment or has previously been convicted of certain offenses. (NRS 484C.340) Section 10 of this bill removes the restriction related to previous applications by a third-time offender to undergo such a program and instead prohibits the offender from applying to undergo such a program if the offender has previously been ordered to complete a program of treatment for third-time offenders. For the purposes of determining whether a person that drives or physically controls a vehicle while under the influence of alcohol or a prohibited substance is a first, second or third-time offender, existing law qualifies an offense as a prior offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the judgment of conviction is set aside or dismissed in connection with successful completion of a diversionary program or specialty court program. (NRS 484C.400) Section 12 additionally provides that an offense qualifies as a prior offense if the person is undergoing a program of treatment for an alcohol or substance use disorder for a first, second or third-time offender. Existing law establishes a penalty that is applicable to a person who has previously committed certain felonies related to driving under the influence of alcohol or a prohibited substance and who subsequently commits the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies – 2 – - 83rd Session (2025) this penalty to a person who is undergoing a program of treatment for an alcohol or substance use disorder for a third-time offender, if the person subsequently commits the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 484C.030 is hereby amended to read as follows: 484C.030 “Concentration of alcohol of [0.18] 0.16 or more in his or her blood or breath” means [0.18] 0.16 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath. Secs. 2-8. (Deleted by amendment.) Sec. 9. NRS 484C.320 is hereby amended to read as follows: 484C.320 1. An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of [0.18] 0.16 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 6 months. The court shall authorize that treatment if: (a) The offender is diagnosed as a person with an alcohol or other substance use disorder by: (1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or (3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing; (b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and (c) The offender has served or will serve a term of imprisonment in jail of not less than 1 day, or has performed or will perform 24 hours of community service. 2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible – 3 – - 83rd Session (2025) to undergo a program of treatment for an alcohol or other substance use disorder. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment. 3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court. 4. If the court grants an application for treatment, the court shall: (a) Immediately sentence the offender and enter judgment accordingly. (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court. (c) Advise the offender that: (1) He or she may be placed under the supervision of a treatment provider for a period not to exceed 3 years. (2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community. (3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment. (4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is not less than 1 day and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law. 5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, except that the court: – 4 – - 83rd Session (2025) (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section. (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension. 6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment. Sec. 10. NRS 484C.340 is hereby amended to read as follows: 484C.340 1. An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 3 years. The court may authorize that treatment if: (a) The offender is diagnosed as a person with an alcohol or other substance use disorder by: (1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; (3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing; and (b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources.  An alcohol and drug counselor, a clinical alcohol and drug counselor, a physician or an advanced practice registered nurse who diagnoses an offender as a person with an alcohol or other substance use disorder shall make a report and recommendation to the court concerning the length and type of treatment required for the offender. 2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. 3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court. – 5 – - 83rd Session (2025) 4. If the court determines that an application for treatment should be granted, the court shall: (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years. (b) Order the offender to complete a program of treatment for an alcohol or other substance use disorder with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court. (c) Advise the offender that: (1) He or she may be placed under the supervision of a treatment provider for not more than 5 years. (2) The court may order the offender to be admitted to a residential treatment facility. (3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for an alcohol or other substance use disorder or if the offender fails to complete the program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment. (4) If the offender completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400. (5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply. 5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, except that the court: (a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court. 6. To participate in a program of treatment, the offender must: (a) Serve not less than 6 months of residential confinement; (b) Be placed under a system of active electronic monitoring, through the Division, that is capable of identifying the offender’s – 6 – - 83rd Session (2025) location and producing, upon request, reports or records of the offender’s presence near or within, or departure from, a specified geographic location and pay any costs associated with the offender’s participation under the system of active electronic monitoring; (c) Install, at his or her own expense, an ignition interlock device for not less than 12 months; (d) Not drive any vehicle unless it is equipped with an ignition interlock device; (e) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and (f) Agree to any other conditions that the court deems necessary. 7. An offender may not apply to the court to undergo a program of treatment for an alcohol or other substance use disorder pursuant to this section if the offender has previously [applied] been ordered to [receive] complete a program of treatment pursuant to this section or if the offender has previously been convicted of: (a) A violation of NRS 484C.430; (b) A violation of NRS 484C.130; (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled subst [Text truncated for display. Full text available on LegiScan.]