Bill > AB316

Introduced Session

Legislative Counsel's Digest: This bill enacts the Nevada 24/7 Sobriety and Drug Monitoring Program Act. 1 Section 14 of this bill establishes a statewide sobriety and drug monitoring program 2 in which any political subdivision in this State may elect to participate. Section 15 3 of this bill provides that if a political subdivision elects to participate in the 4 program, the Department of Public Safety is authorized to assist the political 5 subdivision in the establishment and administration of the program and the political 6 subdivision is required to designate a law enforcement agency to enforce the 7 program. 8 Section 16 of this bill authorizes a court to assign an offender who is found 9 guilty of driving under the influence of alcohol or a prohibited substance for the 10 second or third time within 7 years to the program for a specified period determined 11 by the court. 12 Section 17 of this bill provides that any person who is assigned to the program: 13 (1) must abstain from alcohol and prohibited substances while assigned to the 14 program; (2) generally must undergo testing to determine the presence of alcohol in 15 the person s system not less than two times each day; (3) must undergo random 16 testing not less than two times each week to determine the presence of a prohibited 17 substance in the person s system; (4) must be subject to sanctions for using alcohol 18 or a prohibited substance while assigned to the program or for failing or refusing to 19 undergo required testing; and (5) if the person s driver s license is suspended or 20 revoked, is eligible for a restricted driver s license for the purpose of driving to and 21 from a testing location, work, court appearances or counseling or to receive 22 regularly scheduled medical care. Section 16 authorizes the Department of Motor 23 Vehicles to adopt any regulations necessary to provide for the issuance of such a 24 restricted driver s license to a person assigned to the program. 25 Section 18 of this bill requires each political subdivision that elects to 26 participate in the program to adopt guidelines relating to the program, including 27 guidelines that: (1) provide for the nature and manner of testing and the testing 28 procedures and devices to be used; (2) establish certain fees; and (3) provide for the 29 establishment and use of a local program account for the deposit of any fees 30 collected. Section 19 of this bill requires the law enforcement agency that enforces 31 the program for the political subdivision to collect any fees required by such 32 guidelines and deposit the fees into the applicable local program account. Section 33 19 also establishes provisions relating to the distribution and use of such fees. 34 WHEREAS, A RAND Corporation study published in the 1 American Journal of Public Health in January 2013 concluded that 2 the frequent alcohol testing required by 24/7 sobriety and drug 3 monitoring programs, combined with swift, certain and modest 4 sanctions for violations, can reduce problem drinking and improve 5 public health outcomes; and 6 WHEREAS, The RAND Corporation analysis provides strong 7 evidence that 24/7 sobriety and drug monitoring programs, when 8 applied to offenders who repeatedly drive under the influence of 9 intoxicating liquor or a prohibited substance, are successful in 10 reducing arrests for such a crime; and 11 WHEREAS, As a result of the success of 24/7 sobriety and drug 12 monitoring programs, such a program is an authorized program for 13 which impaired driving countermeasure incentive grant funding is 14 available under federal law; now, therefore, 15 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 18 Section 1. NRS 483.490 is hereby amended to read as follows: 483.490 1. Except as otherwise provided in this section, after 21 a driver s license has been suspended or revoked for an offense 22 other than a violation of NRS 484C.110, and one-half of the period 23 during which the driver is not eligible for a license has expired, the 24 Department may, unless the statute authorizing the suspension 25 prohibits the issuance of a restricted license, issue a restricted 1 driver s license to an applicant permitting the applicant to drive a 2 motor vehicle: 3 (a) To and from work or in the course of his or her work, or 4 both; or 5 (b) To acquire supplies of medicine or food or receive regularly 6 scheduled medical care for himself, herself or a member of his or 7 her immediate family. 8 Before a restricted license may be issued, the applicant must 9 submit sufficient documentary evidence to satisfy the Department 10 that a severe hardship exists because the applicant has no alternative 11 means of transportation and that the severe hardship outweighs the 12 risk to the public if the applicant is issued a restricted license. 13 2. A person who is required to install a device in a motor 14 vehicle pursuant to NRS 484C.210 or 484C.460: 15 (a) Shall install the device not later than 14 days after the date 16 on which the order was issued; and 17 (b) May not receive a restricted license pursuant to this section 18 until: 19 (1) After at least 1 year of the period during which the person 20 is not eligible for a license, if the person was convicted of: 21 (I) A violation of NRS 484C.430 or a homicide resulting 22 from driving or being in actual physical control of a vehicle while 23 under the influence of intoxicating liquor or a controlled substance 24 or resulting from any other conduct prohibited by NRS 484C.110, 25 484C.130 or 484C.430; or 26 (II) A violation of NRS 484C.110 that is punishable as a 27 felony pursuant to NRS 484C.410 or 484C.420; or 28 (2) After at least 180 days of the period during which the 29 person is not eligible for a license, if the person was convicted of a 30 violation of subsection 6 of NRS 484B.653. 31 3. If the Department has received a copy of an order requiring a 32 person to install a device in a motor vehicle pursuant to NRS 33 484C.460 or following an order of revocation issued pursuant to 34 NRS 484C.220, the Department shall not issue a restricted driver s 35 license to such a person pursuant to this section unless the applicant 36 has submitted proof of compliance with the order and subsection 2. 37 4. If the driver s license of a person assigned to a program 38 established pursuant to section 14 of this act is suspended or 39 revoked, the Department may, after verifying the proof of 40 compliance submitted pursuant to subsection 3, if applicable, issue 41 a restricted driver s license to such an applicant that is valid while 42 he or she is a participant in the program and that permits the 43 applicant to drive a motor vehicle: 44 (a) To and from a testing location established by a law 1 enforcement agency pursuant to section 15 of this act; 2 (b) If applicable, to and from work or in the course of his or 3 her work, or both; 4 (c) To and from court appearances; 5 (d) To and from counseling; or 6 (e) To receive regularly scheduled medical care for himself or 7 herself. 8 5. Except as otherwise provided in NRS 62E.630, after a 9 driver s license has been revoked or suspended pursuant to title 5 of 10 NRS or NRS 392.148, the Department may issue a restricted 11 driver s license to an applicant permitting the applicant to drive a 12 motor vehicle: 13 (a) If applicable, to and from work or in the course of his or her 14 work, or both; or 15 (b) If applicable, to and from school. 16 5. 6. After a driver s license has been suspended pursuant to 17 NRS 483.443, the Department may issue a restricted driver s license 18 to an applicant permitting the applicant to drive a motor vehicle: 19 (a) If applicable, to and from work or in the course of his or her 20 work, or both; 21 (b) To receive regularly scheduled medical care for himself, 22 herself or a member of his or her immediate family; or 23 (c) If applicable, as necessary to exercise a court-ordered right to 24 visit a child. 25 6. 7. A driver who violates a condition of a restricted license 26 issued pursuant to subsection 1 or 4 or by another jurisdiction is 27 guilty of a misdemeanor and, if the license of the driver was 28 suspended or revoked for: 29 (a) A violation of NRS 484C.110, 484C.210 or 484C.430; 30 (b) A homicide resulting from driving or being in actual 31 physical control of a vehicle while under the influence of 32 intoxicating liquor or a controlled substance or resulting from any 33 other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; 34 or 35 (c) A violation of a law of any other jurisdiction that prohibits 36 the same or similar conduct as set forth in paragraph (a) or (b), 37 the driver shall be punished in the manner provided pursuant to 38 subsection 2 of NRS 483.560. 39 7. 8. The periods of suspensions and revocations required 40 pursuant to this chapter and NRS 484C.210 must run consecutively, 41 except as otherwise provided in NRS 483.465 and 483.475, when 42 the suspensions must run concurrently. 43 8. 9. Whenever the Department suspends or revokes a 44 license, the period of suspension, or of ineligibility for a license 45 after the revocation, begins upon the effective date of the revocation 1 or suspension as contained in the notice thereof. 2 Sec. 2. Chapter 484C of NRS is hereby amended by adding 3 thereto the provisions set forth as sections 3 to 19, inclusive, of this 4 act. 5 Sec. 3. Sections 3 to 19, inclusive, of this act may be cited as 6 the Nevada 24/7 Sobriety and Drug Monitoring Program Act. 7 Sec. 4. 1. The Legislature hereby declares that driving in 8 this State is a privilege, not a right, and a driver who wishes to 9 enjoy the benefits of such a privilege must accept the 10 corresponding responsibilities. 11 2. The Legislature further declares that the purpose of 12 sections 3 to 19, inclusive, of this act is to: 13 (a) Protect the public health and welfare by reducing the 14 number of people on the highways of this State who drive under 15 the influence of intoxicating liquor or a prohibited substance; and 16 (b) Strengthen the options available to courts and prosecuting 17 attorneys in responding to offenders who repeatedly drive under 18 the influence of intoxicating liquor or a prohibited substance. 19 Sec. 5. As used in sections 3 to 19, inclusive, of this act, 20 unless the context otherwise requires, the words and terms defined 21 in sections 6 to 13, inclusive, of this act have the meanings 22 ascribed to them in those sections. 23 Sec. 6. Core components means the elements of the 24 program that analysis demonstrates are most likely to account for 25 positive outcomes. 26 Sec. 7. (Deleted by amendment.) 27 Sec. 8. Designated law enforcement agency means a law 28 enforcement agency designated to enforce the program pursuant 29 to section 15 of this act. 30 Sec. 9. Immediate sanction means a sanction that is able 31 to be applied within minutes after the results of testing indicate the 32 presence of alcohol or a prohibited substance in a program 33 participant s system. 34 Sec. 9.5. Political subdivision includes, without limitation, 35 any county, city, other local government, court or entity that 36 administers alternative sentencing. 37 Sec. 10. Program means the statewide sobriety and drug 38 monitoring program established pursuant to section 14 of this act. 39 Sec. 11. Program participant means a person who is 40 assigned by a court to the program. 41 Sec. 12. Testing means any procedure approved by the 42 Committee on Testing for Intoxication for determining the 43 concentration of alcohol or the amount of a prohibited substance 44 in a person s system that is provided for in the applicable 1 guidelines adopted pursuant to section 18 of this act. 2 Sec. 13. Timely sanction means a sanction that is able to 3 be applied as soon as possible, but not later than 14 days, after the 4 results of testing indicate the presence of alcohol or a prohibited 5 substance in a program participant s system. 6 Sec. 14. 1. There is hereby established a statewide sobriety 7 and drug monitoring program in which any political subdivision 8 in this State may elect to participate. 9 2. The core components of the program must include the use 10 of a primary testing methodology that tests for the presence of 11 alcohol or a prohibited substance in a program participant s 12 system, best facilitates the ability to apply immediate sanctions for 13 noncompliance and is available at an affordable cost. In cases of 14 economic hardship or when a program participant is rewarded 15 with less stringent testing requirements, testing methodologies 16 with timely sanctions for noncompliance may be utilized. 17 3. The program must be evidence-based and satisfy at least 18 two of the following requirements: 19 (a) The program is included in the National Registry of 20 Evidence-based Programs and Practices; 21 (b) The program has been reported in a peer-reviewed journal 22 as having positive effects on the primary targeted outcome; or 23 (c) The program has been documented as effective by 24 informed experts and other sources. 25 4. The core components of the program that generally require 26 testing to determine the presence of alcohol in a person s system 27 not less than two times each day and random testing to determine 28 the presence of a prohibited substance in a person s system not 29 less than two times each week must not be altered or modified. 30 Sec. 15. If a political subdivision elects to participate in the 31 program: 32 1. The Department of Public Safety may assist the political 33 subdivision in the establishment and administration of the 34 program in the manner provided in sections 3 to 19, inclusive, of 35 this act and in determining alternatives to incarceration. 36 2. The political subdivision shall designate a law enforcement 37 agency to enforce the program. 38 3. A designated law enforcement agency: 39 (a) May designate an entity to provide testing services or to 40 take any other action required or authorized to be provided by the 41 law enforcement agency pursuant to sections 3 to 19, inclusive, of 42 this act, but such a designated entity may not determine whether to 43 participate in the program. 44 (b) Shall establish one or more testing locations that provide at 1 least two available testing times each day. If only two testing times 2 are made available, the testing times must be approximately 12 3 hours apart. 4 Sec. 16. 1. A court may assign an offender who is found 5 guilty of a violation of NRS 484C.110 or 484C.120 that is 6 punishable pursuant to paragraph (b) or (c) of subsection 1 of 7 NRS 484C.400 to the program established pursuant to section 14 8 of this act for a specified period determined by the court. 9 2. If the court assigns an offender to the program who is 10 found guilty of a violation of NRS 484C.110 or 484C.120 that is 11 punishable pursuant to paragraph (b) of subsection 1 of NRS 12 484C.400, the court: 13 (a) Shall immediately sentence the offender and enter 14 judgment accordingly. 15 (b) Shall suspend the sentence of the offender upon the 16 condition that the offender participate in the program for a 17 specified period determined by the court. 18 (c) Shall advise the offender that: 19 (1) If the offender fails to participate in the program for the 20 period determined by the court or fails to comply with the 21 requirements of the program, the court may require the offender 22 to serve the sentence imposed by the court. Any sentence of 23 imprisonment must be reduced by a time equal to that which the 24 offender served before participating in the program. 25 (2) If the offender participates in the program for the 26 period determined by the court and complies with the 27 requirements of the program, the offender s sentence will be 28 reduced to a term of imprisonment which is no longer than that 29 provided for the offense in paragraph (c) of subsection 1 of NRS 30 484C.330 and a fine of not more than the minimum provided for 31 the offense in NRS 484C.400, but the conviction must remain on 32 the record of criminal history of the offender. 33 (3) The offender is eligible for a restricted driver s license 34 pursuant to subsection 4 of NRS 483.490. 35 (d) Shall not defer the sentence, set aside the conviction or 36 impose conditions upon participation in the program except as 37 otherwise provided in this section. 38 (e) May immediately revoke the suspension of sentence for a 39 violation of a condition of the suspension. 40 3. If the court assigns an offender to the program who is 41 found guilty of a violation of NRS 484C.110 or 484C.120 that is 42 punishable pursuant to paragraph (c) of subsection 1 of NRS 43 484C.400, the court: 44 (a) Shall immediately, without entering a judgment of 1 conviction and with the consent of the offender, suspend further 2 proceedings and place the offender on probation. 3 (b) Shall order the offender to participate in the program. 4 (c) Shall advise the offender that: 5 (1) The court may enter a judgment of conviction for a 6 violation of paragraph (c) of subsection 1 of NRS 484C.400 if the 7 offender fails to participate in the program for the period 8 determined by the court or fails to comply with the requirements of 9 the program. Any sentence of imprisonment may be reduced by a 10 time equal to that which the offender served before participating 11 in the program. 12 (2) If the offender participates in the program for the 13 period determined by the court and complies with the 14 requirements of the program, the court will enter a judgment of 15 conviction for a violation of paragraph (b) of subsection 1 of 16 NRS 484C.400. 17 (3) The provisions of NRS 483.460 requiring the revocation 18 of the license, permit or privilege of the offender to drive do not 19 apply and the offender is eligible for a restricted driver s license 20 pursuant to subsection 4 of NRS 483.490. 21 (d) Shall not defer the sentence or set aside the conviction 22 upon participation in the program, except as otherwise provided in 23 this section. 24 (e) May enter a judgment of conviction and proceed as 25 provided in paragraph (c) of subsection 1 of NRS 484C.400 for a 26 violation of a condition ordered by the court. 27 4. If a court assigns a person to the program pursuant to this 28 section, the court shall notify the Department of Motor Vehicles 29 that as a participant in the program, the person is eligible for a 30 restricted driver s license pursuant to subsection 4 of NRS 31 483.490. If the person fails to comply with the requirements of the 32 program, the court may notify the Department of Motor Vehicles 33 of the person s noncompliance and direct the Department of 34 Motor Vehicles to revoke the restricted license. 35 5. The Department of Motor Vehicles may adopt any 36 regulations necessary to provide for the issuance of a restricted 37 driver s license to a person assigned to the program. 38

AI Summary

Committee Categories

Jill Tolles (R)*,  Christopher Brooks (D),  Yvanna Cancela (D),  Mo Denis (D),  John Ellison (R),  Scott Hammond (R),  Joe Hardy (R),  James Settelmeyer (R),  Pat Spearman (D), 

Approved by the Governor. Chapter 436. (on 06/06/2019)

Official Document