Link to Page 2746

 

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ê2007 Statutes of Nevada, Page 2747 (Chapter 485, AB 579)ê

 

             [(2)] (3) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

             [(3)] (4) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

             [(4)] (5) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

             [(5)] (6) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

      (c) Require the defendant to read and sign a form [confirming] stating that the requirements for registration have been explained to him [.] and that he understands the requirements for registration.

      2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS [179D.200 to 179D.290, inclusive.] 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act.

      Sec. 5.  NRS 176.0927 is hereby amended to read as follows:

      176.0927  1.  If a defendant is convicted of a sexual offense, the court shall, following the imposition of a sentence:

      (a) Notify the Central Repository of the conviction of the defendant, so the Central Repository may carry out the provisions for registration of the defendant pursuant to NRS 179D.450.

      (b) Inform the defendant of the requirements for registration, including, [but not limited to:] without limitation:

             (1) The duty to register initially pursuant to section 27 of this act;

             (2) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.460;

             [(2)] (3) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

             [(3)] (4) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

             [(4)] (5) The duty to notify the local law enforcement agency in whose jurisdiction he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

 


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ê2007 Statutes of Nevada, Page 2748 (Chapter 485, AB 579)ê

 

             [(5)] (6) The duty to notify immediately the appropriate local law enforcement agency if the defendant is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the defendant is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

      (c) Require the defendant to read and sign a form stating that the requirements for registration have been explained to him [.] and that he understands the requirements for registration.

      2.  The failure to provide the defendant with the information or confirmation form required by paragraphs (b) and (c) of subsection 1 does not affect the duty of the defendant to register and to comply with all other provisions for registration pursuant to NRS [179D.350] 179D.010 to 179D.550, inclusive [.] , and sections 16 to 30, inclusive, of this act.

      Sec. 6.  NRS 176.0931 is hereby amended to read as follows:

      176.0931  1.  If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.

      2.  The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.

      3.  A person sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:

      (a) The person has complied with the requirements of the provisions of NRS [179D.350] 179D.010 to 179D.550, inclusive [;] , and sections 16 to 30, inclusive, of this act;

      (b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after his last conviction or release from incarceration, whichever occurs later; and

      (c) The person is not likely to pose a threat to the safety of others, as determined by a person professionally qualified to conduct psychosexual evaluations, if released from lifetime supervision.

      4.  A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless he is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS [179D.350 to 179D.800, inclusive.] 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act.

      5.  As used in this section:

      (a) “Offense that poses a threat to the safety or well-being of others” [has the meaning ascribed to it in NRS 179D.060.] includes, without limitation:

             (1) An offense that involves:

                   (I) A victim less than 18 years of age;

                   (II) A crime against a child as defined in section 16 of this act;

                   (III) A sexual offense as defined in section 21 of this act;

                   (IV) A deadly weapon, explosives or a firearm;

                   (V) The use or threatened use of force or violence;

                   (VI) Physical or mental abuse;

 


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ê2007 Statutes of Nevada, Page 2749 (Chapter 485, AB 579)ê

 

                   (VII) Death or bodily injury;

                   (VIII) An act of domestic violence;

                   (IX) Harassment, stalking, threats of any kind or other similar acts;

                   (X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or

                   (XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.

             (2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:

                   (I) A tribal court.

                   (II) A court of the United States or the Armed Forces of the United States.

      (b) “Person professionally qualified to conduct psychosexual evaluations” has the meaning ascribed to it in NRS 176.133.

      (c) “Sexual offense” means:

             (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

             (2) An attempt to commit an offense listed in subparagraph (1); or

             (3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      Sec. 7.  NRS 176A.410 is hereby amended to read as follows:

      176A.410  1.  Except as otherwise provided in subsection 3, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:

      (a) Submit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime;

      (b) Reside at a location only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of his current address;

      (c) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer;

      (d) Abide by any curfew imposed by the parole and probation officer assigned to the defendant;

      (e) Participate in and complete a program of professional counseling approved by the Division;

      (f) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance;

 


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ê2007 Statutes of Nevada, Page 2750 (Chapter 485, AB 579)ê

 

      (g) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant;

      (h) Abstain from consuming, possessing or having under his control any alcohol;

      (i) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the parole and probation officer assigned to the defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2;

      (j) Not use aliases or fictitious names;

      (k) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant;

      (l) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact;

      (m) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not be in or near:

             (1) A playground, park, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend;

      (n) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

      (o) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant;

      (p) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant;

      (q) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant; and

      (r) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The defendant;

      (c) The parole and probation officer assigned to the defendant;

      (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and

 


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ê2007 Statutes of Nevada, Page 2751 (Chapter 485, AB 579)ê

 

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The court is not required to impose a condition of probation or suspension of sentence listed in subsection 1 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      4.  As used in this section, “sexual offense” has the meaning ascribed to it in [NRS 179D.410.] section 21 of this act.

      Sec. 8.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) The local law enforcement agency of the city or county in which the conviction was entered;

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

 


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ê2007 Statutes of Nevada, Page 2752 (Chapter 485, AB 579)ê

 

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Identification and Information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in [NRS 179D.210.] section 16 of this act.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

             (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (13) Lewdness with a child pursuant to NRS 201.230.

             (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

 


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ê2007 Statutes of Nevada, Page 2753 (Chapter 485, AB 579)ê

 

             (15) Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony.

             (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

      Sec. 9.  NRS 179.259 is hereby amended to read as follows:

      179.259  1.  Except as otherwise provided in subsections 3 and 4, 5 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      3.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      4.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      5.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in [NRS 179D.210.] section 16 of this act.

      (b) “Eligible person” means a person who has:

             (1) Successfully completed a program for reentry to which he participated in pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632; and

            (2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.

      (c) “Program for reentry” means:

             (1) A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to NRS 209.4887; or

             (2) A judicial program for reentry of offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.

      (d) “Sexual offense” has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 179.245.

      Sec. 10.  NRS 179A.066 is hereby amended to read as follows:

      179A.066  “Offender convicted of a crime against a child” has the meaning ascribed to it in [NRS 179D.216.] section 18 of this act.

 


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ê2007 Statutes of Nevada, Page 2754 (Chapter 485, AB 579)ê

 

      Sec. 10.5.  Chapter 179B of NRS is hereby amended by adding thereto a new section to read as follows:

      In addition to any civil liability provided pursuant to NRS 179B.280, if any person uses information obtained from the community notification website to commit a crime punishable as:

      1.  A misdemeanor, the person is guilty of a gross misdemeanor.

      2.  A gross misdemeanor, the person is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 11.  NRS 179B.030 is hereby amended to read as follows:

      179B.030  “Crime against a child” has the meaning ascribed to it in [NRS 179D.210.] section 16 of this act.

      Sec. 12.  NRS 179B.075 is hereby amended to read as follows:

      179B.075  “Offender convicted of a crime against a child” has the meaning ascribed to it in [NRS 179D.216.] section 18 of this act.

      Sec. 13.  NRS 179B.250 is hereby amended to read as follows:

      179B.250  1.  The Department shall establish and maintain within the Central Repository a community notification website to provide the public with access to certain information contained in the statewide registry in accordance with the procedures set forth in this section.

      2.  The community notification website must:

      (a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;

      (b) Include in its design all the search field capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920;

      (c) Include, to the extent practicable, links to sex offender safety and education resources;

      (d) Include instructions on how to seek correction of information that a person contends is erroneous; and

      (e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.

      3.  For each inquiry to the community notification website, the requester [must] may provide:

      (a) The name of the subject of the search;

      (b) Any alias of the subject of the search;

      (c) The zip code of the residence, place of work or school of the subject of the search; or

      (d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

      [3.] 4.  For each inquiry to the community notification website made by the requester, the Central Repository shall:

      (a) Explain the levels of registration and community notification that are assigned to sex offenders pursuant to [NRS 179D.730;] NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act; and

      (b) Explain that the Central Repository is prohibited by law from disclosing certain information concerning certain offenders, even if those offenders are listed in the statewide registry.

 


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ê2007 Statutes of Nevada, Page 2755 (Chapter 485, AB 579)ê

 

      [4.] 5.  If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository [:

      (a) Shall] shall disclose to the requester information in the statewide registry concerning [an offender who is assigned a Tier 2 or Tier 3 level of notification.

      (b) Shall not disclose to the requester information concerning an offender who is assigned a Tier 1 level of notification.

      5.] the offender as provided pursuant to subsection 6.

      6.  After each inquiry to the community notification website made by the requester, the Central Repository shall inform the requester that:

      (a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

      (b) The search of the statewide registry has not produced information that is available to the public through the statewide registry; or

      (c) [The requester needs to provide additional information concerning the identity or location of the subject of the search before the Central Repository may disclose the results of the search; or

      (d)] An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. [If] Except as otherwise provided in subsection 7, if a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository shall provide the requester with the following information:

             (1) The name of the offender and all aliases that the offender has used or under which the offender has been known.

             (2) A complete physical description of the offender.

             (3) A current photograph of the offender.

             (4) The year of birth of the offender.

             (5) The complete address of any residence at which the offender resides [.] or will reside.

             (6) The [number of the street block, but not the specific street number,] address of any location where the offender is [currently:] or will be:

                   (I) A student, as defined in NRS 179D.110; or

                   (II) A worker, as defined in NRS 179D.120.

             (7) The license plate number and a description of any motor vehicle owned or operated by the offender.

             (8) The following information for each offense for which the offender has been convicted:

                   (I) The offense that was committed, including a citation to and the text of the specific statute that the offender violated.

                   (II) The court in which the offender was convicted.

                   (III) The name under which the offender was convicted.

                   (IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.

                   (V) The city, township or county where the offense was committed.

             [(8)] (9) The tier level of registration and community notification assigned to the offender [.

 


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ê2007 Statutes of Nevada, Page 2756 (Chapter 485, AB 579)ê

 

      6.] pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act.

             (10) Any other information required by federal law.

      7.  If a search of the statewide registry results in a match pursuant to paragraph [(d)] (c) of subsection [5,] 6, the Central Repository shall not provide the requester with [any] :

      (a) The identity of any victim of a sexual offense or crime against a child;

      (b) Any information relating to a Tier I offender unless he has been convicted of a sexual offense against a child or a crime against a child;

      (c) The social security number of the offender;

      (d) The name of any location where the offender is or will be:

             (1) A student, as defined in NRS 179D.110; or

             (2) A worker, as defined in NRS 179D.120;

      (e) Any reference to arrests of the offender that did not result in conviction;

      (f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph [(d)] (c) of subsection [5.

      7.] 6; or

      (g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.

      8.  For each inquiry to the community notification website, the Central Repository shall maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester.

      [8.] 9.  A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

      [9.] 10.  The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

      (a) Accessing information in the statewide registry pursuant to NRS 179B.200;

      (b) Carrying out any duty pursuant to chapter 179D of NRS; or

      (c) Carrying out any duty pursuant to another provision of law.

      11.  As used in this section, “Tier I offender” has the meaning ascribed to it in section 22 of this act.

      Sec. 14.  NRS 179C.010 is hereby amended to read as follows:

      179C.010  1.  Except as otherwise provided in subsection 2, as used in this chapter, unless the context otherwise requires, “convicted person” means:

      (a) A person convicted in the State of Nevada or convicted in any place other than the State of Nevada of two or more offenses punishable as felonies.

      (b) A person convicted in the State of Nevada of an offense punishable as a category A felony.

      (c) A person convicted in the State of Nevada or convicted in any place other than the State of Nevada of a crime that would constitute a category A felony if committed in this State on July 1, 2003.

 


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ê2007 Statutes of Nevada, Page 2757 (Chapter 485, AB 579)ê

 

      2.  For the purposes of this chapter, “convicted person” does not include:

      (a) A person who has been convicted of a crime against a child, as defined in [NRS 179D.210,] section 16 of this act, or a sexual offense, as defined in [NRS 179D.410;] section 21 of this act; or

      (b) Except as otherwise provided in this chapter, a person whose conviction is or has been set aside in the manner provided by law.

      Sec. 15.  Chapter 179D of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 30, inclusive, of this act.

      Sec. 16.  “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

      1.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent or guardian of the victim.

      2.  False imprisonment pursuant to NRS 200.460, unless the offender is the parent or guardian of the victim.

      3.  An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.

      4.  An attempt to commit an offense listed in this section.

      5.  An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      6.  An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 17.  “Nonresident offender or sex offender who is a student or worker within this State” or “nonresident offender or sex offender” means an offender or sex offender who is a student or worker within this State but who is not otherwise deemed a resident offender or sex offender pursuant to subsection 2 or 3 of NRS 179D.460.

      Sec. 18.  1.  “Offender convicted of a crime against a child” or “offender” means a person who, after July 1, 1956, is or has been:

      (a) Convicted of a crime against a child that is listed in section 16 of this act; or

      (b) Adjudicated delinquent by a court having jurisdiction over juveniles of a crime against a child that is listed in NRS 62F.200 if the offender was 14 years of age or older at the time of the crime.

      2.  The term includes, without limitation, an offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

 


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      Sec. 19.  “Registration” means registration as an offender or sex offender pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act.

      Sec. 20.  1.  “Sex offender” means a person who, after July 1, 1956, is or has been:

      (a) Convicted of a sexual offense listed in section 21 of this act; or

      (b) Adjudicated delinquent by a court having jurisdiction over juveniles of a sexual offense listed in NRS 62F.200 if the offender was 14 years of age or older at the time of the offense.

      2.  The term includes, without limitation, a sex offender who is a student or worker within this State but who is not otherwise deemed a resident offender pursuant to subsection 2 or 3 of NRS 179D.460.

      Sec. 21.  1.  “Sexual offense” means any of the following offenses:

      (a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

      (b) Sexual assault pursuant to NRS 200.366.

      (c) Statutory sexual seduction pursuant to NRS 200.368.

      (d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.

      (e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.

      (f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.

      (g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

      (h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      (i) Incest pursuant to NRS 201.180.

      (j) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      (k) Open or gross lewdness pursuant to NRS 201.210.

      (l) Indecent or obscene exposure pursuant to NRS 201.220.

      (m) Lewdness with a child pursuant to NRS 201.230.

      (n) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (o) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony.

      (p) Any other offense that has an element involving a sexual act or sexual conduct with another;

      (q) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (p), inclusive.

      (r) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      (s) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

 


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             (2) A court of the United States or the Armed Forces of the United States.

      (t) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subsection includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

             (2) A court of the United States or the Armed Forces of the United States.

             (3) A court having jurisdiction over juveniles.

      2.  The term does not include an offense involving consensual sexual conduct if the victim was:

      (a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

      (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 22.  “Tier I offender” means an offender convicted of a crime against a child or a sex offender other than a Tier II offender or Tier III offender.

      Sec. 23.  “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:

      1.  If committed against a child, constitutes:

      (a) Luring a child pursuant to NRS 201.560, if punishable as a felony;

      (b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

      (c) An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive; or

      (e) Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(3);

      2.  Involves an attempt or conspiracy to commit any offense described in subsection 1;

      3.  If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court; or

      (b) A court of the United States or the Armed Forces of the United States; or

      4.  Is committed after the person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year.

      Sec. 24.  “Tier III offender” means an offender convicted of a crime against a child or a sex offender who has been convicted of:

 


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      1.  Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030;

      2.  Sexual assault pursuant to NRS 200.366;

      3.  Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400;

      4.  Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and if the victim of the offense was less than 13 years of age when the offense was committed;

      5.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, if the victim of the offense was less than 18 years of age when the offense was committed, unless the offender is the parent or guardian of the victim;

      6.  Any sexual offense or crime against a child after the person becomes a Tier II offender;

      7.  Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(4);

      8.  An attempt or conspiracy to commit an offense described in subsections 1 to 7, inclusive; or

      9.  An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court; or

      (b) A court of the United States or the Armed Forces of the United States.

      Sec. 25.  Each offender convicted of a crime against a child and each sex offender shall:

      1.  Register initially with the local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted as required pursuant to section 27 of this act;

      2.  Register with the appropriate law enforcement agency as required pursuant to NRS 179D.460 and 179D.480; and

      3.  Keep his registration current as required pursuant to section 28 of this act.

      Sec. 26.  When an offender convicted of a crime against a child or a sex offender registers with a local law enforcement agency as required pursuant to NRS 179D.460 or 179D.480 or section 27 of this act, or updates his registration as required pursuant to section 28 of this act:

      1.  The offender or sex offender shall provide the local law enforcement agency with the following:

      (a) The name of the offender or sex offender and all aliases that he has used or under which he has been known;

      (b) The social security number of the offender or sex offender;

      (c) The address of any residence or location at which the offender or sex offender resides or will reside;

      (d) The name and address of any place where the offender or sex offender is a worker or will be a worker;

      (e) The name and address of any place where the offender or sex offender is a student or will be a student;

      (f) The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender; and

      (g) Any other information required by federal law.

 


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      2.  The local law enforcement agency shall ensure that the record of registration of the offender or sex offender includes, without limitation:

      (a) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;

      (b) The text of the provision of law defining each offense for which the offender or sex offender is required to register;

      (c) The criminal history of the offender or sex offender, including, without limitation:

             (1) The dates of all arrests and convictions of the offender or sex offender;

             (2) The status of parole, probation or supervised release of the offender or sex offender;

             (3) The status of the registration of the offender or sex offender; and

             (4) The existence of any outstanding arrest warrants for the offender or sex offender;

      (d) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender pursuant to NRS 176.0913;

      (e) The identification number from a driver’s license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such driver’s license or identification card; and

      (f) Any other information required by federal law.

      Sec. 27.  1.  In addition to any other registration that is required pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act, each offender or sex offender who, on or after October 1, 2007, is or has been convicted of a crime against a child or a sexual offense shall register initially with the appropriate local law enforcement agency of the jurisdiction in which the offender or sex offender was convicted pursuant to the provisions of this section.

      2.  An offender or sex offender shall initially register with a local law enforcement agency as required pursuant to subsection 1:

      (a) If the offender or sex offender is sentenced to a term of imprisonment for the crime, before completing the term of imprisonment for the crime; and

      (b) If the offender or sex offender is not sentenced to a term of imprisonment for the crime, not later than 3 business days after the date on which the offender or sex offender was sentenced for the crime.

      Sec. 28.  1.  An offender convicted of a crime against a child or a sex offender convicted of a sexual offense who changes his name, residence, employment or student status shall, not later than 3 business days after such change of name, residence, employment or student status:

      (a) Appear in person in at least one of the jurisdictions in which the offender or sex offender resides, is a student or worker; and

      (b) Provide all information concerning such change to the appropriate local law enforcement agency.

      2.  The local law enforcement agency shall immediately provide the updated information provided by an offender or sex offender pursuant to subsection 1 to the Central Repository and to all other jurisdictions in which the offender or sex offender is required to register.

 


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ê2007 Statutes of Nevada, Page 2762 (Chapter 485, AB 579)ê

 

      Sec. 29.  1.  Except as otherwise provided in subsection 3, the Central Repository shall immediately provide all updated information obtained pursuant to NRS 179D.460 or 179D.480 or section 27 or 28 of this act to:

      (a) The Attorney General of the United States;

      (b) The appropriate local law enforcement agencies for each jurisdiction in which the offender or sex offender resides or is a student or worker;

      (c) Each jurisdiction in which the offender or sex offender now resides or is a student or worker and the jurisdiction in which he most recently resided or was a student or worker, if he changes the address at which he resides or is a student or worker;

      (d) Any agency responsible for conducting employment-related background checks pursuant to 42 U.S.C. § 5119a; and

      (e) Any organization, company or person who requests such notification.

      2.  Except as otherwise provided in subsection 3, a local law enforcement agency:

      (a) Shall immediately provide all updated information obtained from the Central Repository pursuant to subsection 1 to:

             (1) Each school, religious organization, youth organization and public housing authority in which the offender or sex offender resides or is a student or worker;

             (2) Each agency which provides child welfare services as defined in NRS 432B.030;

             (3) Volunteer organizations in which contact with children or other vulnerable persons might occur; and

             (4) If the offender or sex offender is a Tier III offender, members of the public who are likely to encounter the offender or sex offender; and

      (b) May provide any updated information obtained from the Central Repository pursuant to subsection 1 to any other person or entity whom the law enforcement agency determines warrants such notification.

      3.  An entity or person described in paragraph (e) of subsection 1 or subparagraph (1) of paragraph (a) of subsection 2 may request to receive the updated information obtained pursuant to subsection 1 not less frequently than once every 5 business days.

      Sec. 30.  If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act has been convicted of an offense described in paragraph (p) of subsection 1 of section 21 of this act, paragraph (e) of subsection 1 or subsection 3 of section 23 of this act or subsection 7 or 9 of section 24 of this act, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.

      Sec. 31.  NRS 179D.010 is hereby amended to read as follows:

      179D.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179D.020 to 179D.120, inclusive, and sections 16 to 24, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2007 Statutes of Nevada, Page 2763 (Chapter 485, AB 579)ê

 

      Sec. 32.  NRS 179D.030 is hereby amended to read as follows:

      179D.030  “Community notification” means notification of a community pursuant to the [guidelines and procedures established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.] provisions of section 29 of this act.

      Sec. 33.  NRS 179D.035 is hereby amended to read as follows:

      179D.035  “Convicted” includes, but is not limited to, an adjudication of delinquency [or a finding of guilt] by a court having jurisdiction over juveniles if [the] :

      1.  The adjudication of delinquency [or the finding of guilt] is for the commission of [any of the following offenses:

      1.  A crime against a child that is listed in subsection 6 of NRS 179D.210.

      2.  A sexual offense that is listed in subsection 19 of NRS 179D.410.

      3.  A] a sexual offense that is listed in [paragraph (b) of subsection 2 of NRS 62F.260.] NRS 62F.200; and

      2.  The offender was 14 years of age or older at the time of the offense.

      Sec. 34.  NRS 179D.110 is hereby amended to read as follows:

      179D.110  “Student” means a person who is enrolled in and attends, on a full-time or part-time basis within this State, any course of academic or vocational instruction conducted by a public or private educational institution or school, including, but not limited to, any of the following institutions or schools:

      1.  An institution of higher education.

      2.  A trade school or vocational school.

      3.  A [public school, as defined in NRS 385.007, or a private school, as defined in NRS 394.103.] secondary school.

      Sec. 35.  NRS 179D.120 is hereby amended to read as follows:

      179D.120  [1.]  “Worker” means a person who is self-employed or who engages in or who knows or reasonably should know that he will engage in any type of occupation, employment, work or volunteer service , [on a full-time or part-time basis within this State for:

      (a) Any period exceeding 14 days; or

      (b) More than 30 days, in the aggregate, during any calendar year,

Ê] whether or not the person engages in or will engage in the occupation, employment, work or volunteer service for compensation . [or for the purposes of a governmental or educational benefit.

      2.  The term includes, but is not limited to:

      (a) A person who is self-employed.

      (b) An employee or independent contractor.

      (c) A paid or unpaid intern, extern, aide, assistant or volunteer.]

      Sec. 36.  NRS 179D.150 is hereby amended to read as follows:

      179D.150  [Except as otherwise provided in NRS 179D.530, a] A record of registration must include, if the information is available:

      1.  Information identifying the offender [,] or sex offender, including, but not limited to:

      (a) The name of the offender or sex offender and all aliases that he has used or under which he has been known;

      (b) A complete physical description of the offender [,] or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender [;] or sex offender;

 


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      (c) The date of birth and the social security number of the offender [;] or sex offender;

      (d) The identification number from a driver’s license or an identification card issued to the offender or sex offender by this State or any other jurisdiction [;] and a photocopy of such driver’s license or identification card;

      (e) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender pursuant to NRS 176.0913; and

      (f) Any other information that identifies the offender [.] or sex offender.

      2.  Information concerning the residence of the offender [,] or sex offender, including, but not limited to:

      (a) The address at which the offender or sex offender resides;

      (b) The length of time he has resided at that address and the length of time he expects to reside at that address;

      (c) The address or location of any other place where he expects to reside in the future and the length of time he expects to reside there; and

      (d) The length of time he expects to remain in the county where he resides and in this State.

      3.  Information concerning the offender’s or sex offender’s occupations, employment or work or expected occupations, employment or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender [.] or sex offender.

      4.  Information concerning the offender’s or sex offender’s volunteer service or expected volunteer service in connection with any activity or organization within this State, including, but not limited to, the name, address and type of each such activity or organization.

      5.  Information concerning the offender’s or sex offender’s enrollment or expected enrollment as a student in any public or private educational institution or school within this State, including, but not limited to, the name, address and type of each such educational institution or school.

      6.  Information concerning whether:

      (a) The offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

Ê including, but not limited to, the name, address and type of each such institution of higher education.

      7.  The license plate number and a description of all motor vehicles registered to or frequently driven by the offender [.] or sex offender.

      8.  The level of registration and community notification [assigned to] of the offender [.] or sex offender.

      9.  The criminal history of the offender or sex offender, including, without limitation:

      (a) The dates of all arrests and convictions of the offender or sex offender;

      (b) The status of parole, probation or supervised release of the offender or sex offender;

      (c) The status of the registration of the offender or sex offender; and

 


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ê2007 Statutes of Nevada, Page 2765 (Chapter 485, AB 579)ê

 

      (d) The existence of any outstanding arrest warrants for the offender or sex offender.

      10.  The following information for each offense for which the offender or sex offender has been convicted:

      (a) The court in which he was convicted;

      (b) The text of the provision of law defining each offense;

      (c) The name under which he was convicted;

      [(c)] (d) The name and location of each penal institution, school, hospital, mental facility or other institution to which he was committed;

      [(d)] (e) The specific location where the offense was committed;

      [(e)] (f) The age, the gender, the race and a general physical description of the victim; and

      [(f)] (g) The method of operation that was used to commit the offense, including, but not limited to:

             (1) Specific sexual acts committed against the victim;

             (2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;

             (3) The type of injuries inflicted on the victim;

             (4) The types of instruments, weapons or objects used;

             (5) The type of property taken; and

             (6) Any other distinctive characteristic of the behavior or personality of the offender [.] or sex offender.

      11.  Any other information required by federal law.

      Sec. 37.  NRS 179D.170 is hereby amended to read as follows:

      179D.170  Upon receiving from a local law enforcement agency, pursuant to NRS 179D.010 to 179D.550, inclusive [:] , and sections 16 to 30, inclusive, of this act:

      1.  A record of registration;

      2.  Fingerprints , palm prints or a photograph of an offender [;] or sex offender;

      3.  A new address of an offender [;] or sex offender; or

      4.  Any other updated information,

Ê the Central Repository shall immediately provide the record of registration, fingerprints, palm prints, photograph, new address or updated information to the Federal Bureau of Investigation.

      Sec. 38.  NRS 179D.450 is hereby amended to read as follows:

      179D.450  1.  If the Central Repository receives notice from a court pursuant to NRS 176.0926 that an offender has been convicted of a crime against a child pursuant to NRS 176.0927 , that a sex offender has been convicted of a sexual offense or pursuant to NRS [62F.250] 62F.220 that a juvenile [sex offender] has been [deemed to be an adult sex offender,] adjudicated delinquent for an offense for which he is subject to registration and community notification pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act, the Central Repository shall:

      (a) If a record of registration has not previously been established for the offender or sex offender, notify the local law enforcement agency so that a record of registration may be established; or

      (b) If a record of registration has previously been established for the offender or sex offender, update the record of registration for the offender or sex offender and notify the appropriate local law enforcement agencies.

 


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ê2007 Statutes of Nevada, Page 2766 (Chapter 485, AB 579)ê

 

      2.  If the offender or sex offender named in the notice is granted probation or otherwise will not be incarcerated or confined [or if the sex offender named in the notice has been deemed to be an adult sex offender pursuant to NRS 62F.250 and is not otherwise incarcerated or confined:

      (a) The] , the Central Repository shall [immediately] :

      (a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender resides in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction; and

      (b) [If the sex offender is subject to community notification, the Central Repository shall arrange for the assessment of the risk of recidivism of] Immediately provide community notification concerning the offender or sex offender pursuant to the [guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.] provisions of section 29 of this act.

      3.  If [a] an offender or sex offender is incarcerated or confined and has previously been convicted of a crime against a child as described in section 16 of this act or a sexual offense as described in [NRS 179D.410,] section 21 of this act, before the offender or sex offender is released:

      (a) The Department of Corrections or a local law enforcement agency in whose facility the offender or sex offender is incarcerated or confined shall:

             (1) Inform the offender or sex offender of the requirements for registration, including, but not limited to:

                   (I) The duty to register initially with the appropriate law enforcement agency in the jurisdiction in which the offender or sex offender was convicted if the offender or sex offender is not a resident of that jurisdiction pursuant to section 27 of this act;

                   (II) The duty to register in this State during any period in which he is a resident of this State or a nonresident who is a student or worker within this State and the time within which he is required to register pursuant to NRS 179D.460;

                   [(II)] (III) The duty to register in any other jurisdiction during any period in which he is a resident of the other jurisdiction or a nonresident who is a student or worker within the other jurisdiction;

                   [(III)] (IV) If he moves from this State to another jurisdiction, the duty to register with the appropriate law enforcement agency in the other jurisdiction;

                   [(IV)] (V) The duty to notify the local law enforcement agency for the jurisdiction in which he now resides, in person, and the jurisdiction in which he formerly resided, in person or in writing, if he changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

                   [(V)] (VI) The duty to notify immediately the appropriate local law enforcement agency if the offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education or if the offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education; and

 


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ê2007 Statutes of Nevada, Page 2767 (Chapter 485, AB 579)ê

 

             (2) Require the offender or sex offender to read and sign a form [confirming] stating that the requirements for registration have been explained to him and that he understands the requirements for registration, and to forward the form to the Central Repository.

      (b) The Central Repository shall:

             (1) Update the record of registration for the offender or sex offender;

             (2) [If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of] Provide community notification concerning the offender or sex offender pursuant to the [guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive;] provisions of section 29 of this act; and

             (3) Provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies and, if the offender or sex offender will reside upon release in a jurisdiction which is outside of this State, to the appropriate law enforcement agency in that jurisdiction.

      4.  The failure to provide [a] an offender or sex offender with the information or confirmation form required by paragraph (a) of subsection 3 does not affect the duty of the offender or sex offender to register and to comply with all other provisions for registration.

      5.  If the Central Repository receives notice from another jurisdiction or the Federal Bureau of Investigation that [a] an offender or sex offender is now residing or is a student or worker within this State, the Central Repository shall:

      (a) Immediately provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies;

      (b) Establish a record of registration for the offender or sex offender; and

      (c) [If the sex offender is subject to community notification, arrange for the assessment of the risk of recidivism of] Immediately provide community notification concerning the offender or sex offender pursuant to the [guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.] provisions of section 29 of this act.

      Sec. 39.  NRS 179D.460 is hereby amended to read as follows:

      179D.460  1.  In addition to any other registration that is required pursuant to NRS 179D.450, each offender or sex offender who, after July 1, 1956, is or has been convicted of a crime against a child or a sexual offense shall register with a local law enforcement agency pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the offender or sex offender resides or is present for 48 hours or more within:

      (a) A county; or

      (b) An incorporated city that does not have a city police department,

Ê the offender or sex offender shall be deemed a resident offender or sex offender and shall register with the sheriff’s office of the county or, if the county or the city is within the jurisdiction of a metropolitan police department, the metropolitan police department, not later than 48 hours after arriving or establishing a residence within the county or the city.

      3.  If the offender or sex offender resides or is present for 48 hours or more within an incorporated city that has a city police department, the offender or sex offender shall be deemed a resident offender or sex offender and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

 


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and shall register with the city police department not later than 48 hours after arriving or establishing a residence within the city.

      4.  If the offender or sex offender is a nonresident offender or sex offender who is a student or worker within this State, the offender or sex offender shall register with the appropriate sheriff’s office, metropolitan police department or city police department in whose jurisdiction he is a student or worker not later than 48 hours after becoming a student or worker within this State.

      5.  A resident or nonresident offender or sex offender shall immediately notify the appropriate local law enforcement agency if:

      (a) The offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education.

Ê The offender or sex offender shall provide the name, address and type of each such institution of higher education.

      6.  To register with a local law enforcement agency pursuant to this section, the offender or sex offender shall:

      (a) Appear personally at the office of the appropriate local law enforcement agency;

      (b) Provide all information that is requested by the local law enforcement agency, including, but not limited to, fingerprints and a photograph; and

      (c) Sign and date the record of registration or some other proof of registration of the local law enforcement agency in the presence of an officer of the local law enforcement agency.

      7.  When [a] an offender or sex offender registers, the local law enforcement agency shall:

      (a) Inform the offender or sex offender of the duty to notify the local law enforcement agency if the offender or sex offender changes the address at which he resides, including if he moves from this State to another jurisdiction, or changes the primary address at which he is a student or worker; and

      (b) Inform the offender or sex offender of the duty to register with the local law enforcement agency in whose jurisdiction the sex offender relocates.

      8.  After the offender or sex offender registers with the local law enforcement agency, the local law enforcement agency shall forward to the Central Repository the information collected, including the fingerprints and a photograph of the offender or sex offender.

      9.  If the Central Repository has not previously established a record of registration for [a] an offender or sex offender described in subsection 8, the Central Repository shall:

      (a) Establish a record of registration for the offender or sex offender;

      (b) Provide notification concerning the offender or sex offender to the appropriate local law enforcement agencies; and

      (c) [If the sex offender is subject to community notification and has not otherwise been assigned a level of notification, arrange for the assessment of the risk of recidivism of] Provide community notification concerning the offender or sex offender pursuant to the [guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.]

 


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offender or sex offender pursuant to the [guidelines and procedures for community notification established by the Attorney General pursuant to NRS 179D.600 to 179D.800, inclusive.] provisions of section 29 of this act.

      10.  When [a] an offender or sex offender notifies a local law enforcement agency that:

      (a) The offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education; or

      (b) The offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of his work at an institution of higher education,

Ê and provides the name, address and type of each such institution of higher education, the local law enforcement agency shall immediately provide that information to the Central Repository and to the appropriate campus police department.

      Sec. 40.  NRS 179D.480 is hereby amended to read as follows:

      179D.480  1.  Except as otherwise provided in [subsections 2 and 5, each year, on the anniversary of the date that the Central Repository establishes a record of registration for the sex offender, the Central Repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the Central Repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

      2.  Except as otherwise provided in subsection 5, if a sex offender has been declared to be a sexually violent predator, every 90 days, beginning on the date that the Central Repository establishes a record of registration for the sex offender, the Central Repository shall mail to the sex offender, at the address last registered by the sex offender, a nonforwardable verification form. The sex offender shall complete and sign the form and mail the form to the Central Repository not later than 10 days after receipt of the form to verify that he still resides at the address he last registered.

      3.  A sex offender shall include with each verification form] subsection 3, an offender convicted of a crime against a child or sex offender shall appear in person in at least one jurisdiction in which the offender or sex offender resides or is a student or worker:

      (a) Not less frequently than annually, if the offender or sex offender is a Tier I offender;

      (b) Not less frequently than every 180 days, if the offender or sex offender is a Tier II offender; or

      (c) Not less frequently than every 90 days, if the offender or sex offender is a Tier III offender,

Ê and shall allow the appropriate local law enforcement agency to collect a current set of fingerprints [,] and palm prints, a current photograph and all other information that is relevant to updating his record of registration, including, but not limited to, any change in his name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by him. [The Central Repository shall provide all updated information to the appropriate local law enforcement agencies.

      4.  If the Central Repository does not receive a verification form from a]

 


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      2.  If an offender or sex offender [and otherwise cannot verify the address or location of the sex offender,] does not comply with the provisions of subsection 1, the Central Repository shall [immediately] :

      (a) Immediately notify the appropriate local law enforcement agencies [.

      5.  The Central Repository] and the Attorney General of the United States; and

      (b) Update the record of registration for the sex offender to reflect his failure to comply with the provisions of subsection 1.

      3.  An offender or sex offender is not required to [complete the mailing pursuant to] comply with the provisions of subsection 1 [or 2:

      (a) During] during any period in which [a] the offender or sex offender is incarcerated or confined . [or has changed his place of residence from this State to another jurisdiction; or

      (b) For a nonresident sex offender who is a student or worker within this State.]

      Sec. 41.  NRS 179D.490 is hereby amended to read as follows:

      179D.490  1.  [A] An offender convicted of a crime against a child or a sex offender shall comply with the provisions for registration for as long as the offender or sex offender resides or is present within this State or is a nonresident offender or sex offender who is a student or worker within this State, unless the period of time during which the offender or sex offender has the duty [of the sex offender] to register is [terminated] reduced pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection [5, if a] 3, the full period of registration is:

      (a) Fifteen years, if the offender or sex offender is a Tier I offender;

      (b) Twenty-five years, if the offender or sex offender is a Tier II offender; and

      (c) The life of the offender or sex offender, if the offender or sex offender is a Tier III offender,

Ê exclusive of any time during which the offender or sex offender is incarcerated or confined.

      3.  If an offender or sex offender complies with the provisions for registration [for] :

      (a) For an interval of at least [15] 10 consecutive years , if the offender or sex offender is a Tier I offender; or

      (b) For an interval of at least 25 consecutive years, if the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender,

Ê during which he is not convicted of an offense [that poses a threat to the safety or well-being of others,] for which imprisonment for more than 1 year may be imposed, is not convicted of a sexual offense, successfully completes any periods of supervised release, probation or parole, and successfully completes a sex offender treatment program certified by the State or by the Attorney General of the United States, the offender or sex offender may file a petition to [terminate his] reduce the period of time during which the offender or sex offender has a duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident offender or sex offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository or appropriate agency of another jurisdiction establishes a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

 


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a record of registration for the offender or sex offender or the date that the offender or sex offender is released, whichever occurs later.

      [3.] 4.  If the offender or sex offender satisfies the requirements of subsection [2,] 3, the court shall hold a hearing on the petition at which the offender or sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the offender or sex offender [is not likely to pose a threat to the safety of others,] satisfies the requirements of subsection 3, the court shall [terminate the duty of] :

      (a) If the offender or sex offender is a Tier I offender, reduce the period of time during which the offender or sex offender is required to register [.

      4.  If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.

      5.  A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:

      (a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931;

      (b) Has been declared to be a sexually violent predator; or

      (c) Has been convicted of:

             (1) One or more sexually violent offenses;

             (2) Two or more sexual offenses against persons less than 18 years of age;

             (3) Two or more crimes against a child, as defined in NRS 179D.210; or

             (4) At least one of each offense listed in subparagraphs (2) and (3).] by 5 years; and

      (b) If the offender or sex offender is a Tier III offender adjudicated delinquent for the offense which required registration as an offender or sex offender, reduce the period of time during which the offender or sex offender is required to register from the life of the offender or sex offender to that period of time for which the offender or sex offender meets the requirements of subsection 3.

      Sec. 42.  NRS 179D.550 is hereby amended to read as follows:

      179D.550  1.  Except as otherwise provided in subsection 2, [a] an offender or sex offender who:

      (a) Fails to register with a local law enforcement agency;

      (b) Fails to notify the local law enforcement agency of a change of [address;] name, residence, employment or student status as required pursuant to section 28 of this act;

      (c) Provides false or misleading information to the Central Repository or a local law enforcement agency; or

      (d) Otherwise violates the provisions of NRS [179D.350] 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  [A] An offender or sex offender who commits a second or subsequent violation of subsection 1 within 7 years after the first violation is guilty of a category C felony and shall be punished as provided in NRS 193.130.

 


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NRS 193.130. A court shall not grant probation to or suspend the sentence of a person convicted pursuant to this subsection.

      3.  If a local law enforcement agency is aware that an offender or sex offender in its jurisdiction has failed to comply with a provision of NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act, the local law enforcement agency must take any appropriate action to ensure his compliance.

      Sec. 43.  NRS 179D.570 is hereby amended to read as follows:

      179D.570  1.  The Central Repository shall, in accordance with the requirements of this section, share information concerning sex offenders and offenders convicted of a crime against a child with:

      (a) The State Gaming Control Board to carry out the provisions of NRS 463.335 pertaining to the registration of a gaming employee who is a sex offender or an offender convicted of a crime against a child. The Central Repository shall, at least once each calendar month, provide the State Gaming Control Board with the name and other identifying information of each offender who is not in compliance with the provisions of this chapter, in the manner and form agreed upon by the Central Repository and the State Gaming Control Board.

      (b) The Department of Motor Vehicles to carry out the provisions of NRS 483.283, 483.861 and 483.929.

      2.  The information shared by the Central Repository pursuant to this section must indicate whether a sex offender or an offender convicted of a crime against a child is in compliance with the provisions of this chapter.

      3.  The Central Repository shall share information pursuant to this section as expeditiously as possible under the circumstances.

      4.  The Central Repository may adopt regulations to carry out the provisions of this section.

      [5.  As used in this section:

      (a) “Offender convicted of a crime against a child” has the meaning ascribed to it in NRS 179D.216.

      (b) “Sex offender” has the meaning ascribed to it in NRS 179D.400.]

      Sec. 44.  NRS 40.770 is hereby amended to read as follows:

      40.770  1.  Except as otherwise provided in subsection 6, in any sale, lease or rental of real property, the fact that the property is or has been:

      (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property;

      (b) The site of any crime punishable as a felony other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,

Ê is not material to the transaction.

      2.  In any sale, lease or rental of real property, the fact that a sex offender, as defined in [NRS 179D.400,] section 20 of this act, resides or is expected to reside in the community is not material to the transaction, and the seller, lessor or landlord or any agent of the seller, lessor or landlord does not have a duty to disclose such a fact to a buyer, lessee or tenant or any agent of a buyer, lessee or tenant.

 


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      3.  In any sale, lease or rental of real property, the fact that a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is not material to the transaction.

      4.  A seller, lessor or landlord or any agent of the seller, lessor or landlord is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge.

      5.  Except as otherwise provided in an agreement between a buyer, lessee or tenant and his agent, an agent of the buyer, lessee or tenant is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the agent of the buyer, lessee or tenant had no actual knowledge.

      6.  For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or

      (b) The property has been deemed safe for habitation by a governmental entity.

      7.  As used in this section, “facility for transitional living for released offenders” has the meaning ascribed to it in NRS 449.0055.

      Sec. 45.  NRS 62A.030 is hereby amended to read as follows:

      62A.030  1.  “Child” means:

      (a) A person who is less than 18 years of age;

      (b) A person who is less than 21 years of age and subject to the jurisdiction of the juvenile court for an unlawful act that was committed before the person reached 18 years of age; or

      (c) A person who is otherwise subject to the jurisdiction of the juvenile court as a juvenile sex offender pursuant to the provisions of NRS 62F.200 [to 62F.260, inclusive.] , 62F.220 and 62F.260.

      2.  The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.

      Sec. 46.  NRS 62F.200 is hereby amended to read as follows:

      62F.200  1.  As used in NRS 62F.200 [to 62F.260, inclusive,] , 62F.220 and 62F.260, unless the context otherwise requires, “sexual offense” means:

      [1.] (a) Sexual assault pursuant to NRS 200.366;

      [2.] (b) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      [3.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720;

      4.] (c) Lewdness with a child pursuant to NRS 201.230; or

      [5.] (d) An attempt or conspiracy to commit an offense listed in this section.

 


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      2.  The term does not include an offense involving consensual sexual conduct if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 47.  NRS 62F.220 is hereby amended to read as follows:

      62F.220  1.  [In addition to any other action authorized or required pursuant to the provisions of this title, if] If a child who is 14 years of age or older is adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult , [or is adjudicated delinquent for a sexually motivated act,] the juvenile court shall:

      (a) Notify the [Attorney General of the adjudication, so the Attorney General may arrange for the assessment of the risk of recidivism of the child pursuant to the guidelines and procedures for community notification;

      (b) Place the child under the supervision of a probation officer or parole officer, as appropriate, for a period of not less than 3 years;

      (c)] Central Repository of the adjudication of the child, so the Central Repository may carry out any provisions for registration of the child pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act;

      (b) Inform the child and the parent or guardian of the child that the child is subject to [community notification as a juvenile sex offender and may be subject to] registration and community notification [as an adult sex offender] pursuant to NRS [62F.250; and

      (d) Order the child, and the parent or guardian of the child during the minority of the child, while the child is subject to community notification as a juvenile sex offender, to inform the probation officer or parole officer, as appropriate, assigned to the child of a change of the address at which the child resides not later than 48 hours after the change of address.] 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act.

      2.  The juvenile court may not terminate its jurisdiction concerning the child for the purposes of carrying out the provisions of NRS 62F.200 [to 62F.260, inclusive,] , 62F.220 and 62F.260 until the child is no longer subject to registration and community notification as a juvenile sex offender pursuant to NRS 62F.200 [to 62F.260, inclusive.] , 62F.220 and 62F.260.

      Sec. 48.  NRS 62F.260 is hereby amended to read as follows:

      62F.260  [1.]  The records relating to a child must not be sealed pursuant to the provisions of NRS 62H.100 to 62H.170, inclusive, while the child is subject to registration and community notification as a juvenile sex offender [.

      2.  If a child is deemed to be an adult sex offender pursuant to NRS 62F.250, is convicted of a sexual offense, as defined in NRS 179D.410, before reaching 21 years of age or is otherwise subject to registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive, before reaching 21 years of age:

      (a) The records relating to the child must not be sealed pursuant to the provisions of NRS 62H.100 to 62H.170, inclusive; and

      (b) Each delinquent act committed by the child that would have been a sexual offense, as defined in NRS 179D.410 if committed by an adult, shall be deemed to be a criminal conviction for the purposes of:

             (1) Registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive; and

 


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             (2) The statewide registry established within the Central Repository pursuant to chapter 179B of NRS.] pursuant to NRS 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act.

      Sec. 49.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in this section and NRS 213.1214 and 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

      2.  In determining whether to release a prisoner on parole, the Board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;

      (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the Board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the Director of the Department of Corrections;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The Board shall not release on parole an offender convicted of an offense listed in [NRS 179D.410] section 21 of this act until the [law enforcement agency in whose jurisdiction the offender will be released on parole] Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required [by the Attorney General] pursuant to [NRS 179D.600 to 179D.800, inclusive.] section 29 of this act.

      Sec. 50.  NRS 213.1245 is hereby amended to read as follows:

      213.1245  1.  Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in [NRS 179D.620,] section 21 of this act, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

 


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      (a) Reside at a location only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of his current address;

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer;

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee;

      (d) Participate in and complete a program of professional counseling approved by the Division;

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance;

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee;

      (g) Abstain from consuming, possessing or having under his control any alcohol;

      (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2;

      (i) Not use aliases or fictitious names;

      (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee;

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in [NRS 179D.410] section 21 of this act is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact;

      (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not be in or near:

             (1) A playground, park, school or school grounds;

             (2) A motion picture theater; or

             (3) A business that primarily has children as customers or conducts events that primarily children attend;

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication;

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee;

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee;

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee; and

      (q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education.

 


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ê2007 Statutes of Nevada, Page 2777 (Chapter 485, AB 579)ê

 

higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The parolee;

      (c) The parole and probation officer assigned to the parolee;

      (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

      3.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      Sec. 51.  NRS 391.314 is hereby amended to read as follows:

      391.314  1.  If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

      2.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

      3.  If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.

      4.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

 


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ê2007 Statutes of Nevada, Page 2778 (Chapter 485, AB 579)ê

 

      5.  A licensed employee who is convicted of a crime which requires registration pursuant to NRS [179D.200 to 179D.290, inclusive, or 179D.350] 179D.010 to 179D.550, inclusive, and sections 16 to 30, inclusive, of this act, or is convicted of an act forbidden by NRS 200.508, 201.190, 201.265, 201.540, 201.560 or 207.260 forfeits all rights of employment from the date of his arrest.

      6.  A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.

      7.  A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.

      8.  A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.

      Sec. 52.  NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he is sentenced unless:

      1.  The crime is:

      (a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;

      (b) A crime against a child as defined in [NRS 179D.210;] section 16 of this act;

      (c) A sexual offense as defined in [NRS 179D.410;] section 21 of this act; or

      (d) An act which constitutes domestic violence as set forth in NRS 33.018;

      2.  The crime is that of trafficking of a controlled substance;

      3.  The crime is a violation of NRS 484.379, 484.3795 or 484.37955;

      4.  The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

      5.  Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.

 


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ê2007 Statutes of Nevada, Page 2779 (Chapter 485, AB 579)ê

 

      Sec. 53.  NRS 483.283 is hereby amended to read as follows:

      483.283  1.  The Department shall not issue a driver’s license to an offender or renew the driver’s license of an offender until the Department has received information submitted by the Central Repository pursuant to NRS 179D.570 or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D of NRS.

      2.  If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:

      (a) Shall not issue a driver’s license to the offender or renew the driver’s license of the offender; and

      (b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.

      3.  A driver’s license issued to an offender expires on the first anniversary date of the offender’s birthday, measured in the case of an original license, or a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.

      4.  The Department may adopt regulations to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      (b) “Offender” includes an “offender convicted of a crime against a child” as defined in [NRS 179D.216] section 18 of this act and a “sex offender” as defined in [NRS 179D.400.] section 20 of this act.

      Sec. 54.  NRS 483.861 is hereby amended to read as follows:

      483.861  1.  The Department shall not issue an identification card to an offender or renew the identification card of an offender until the Department has received information submitted by the Central Repository pursuant to NRS 179D.570 or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D of NRS.

      2.  If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:

      (a) Shall not issue an identification card to the offender or renew the identification card of the offender; and

      (b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.

      3.  An identification card issued to an offender expires on the first anniversary date of the offender’s birthday, measured in the case of an original identification card, a renewal identification card and a renewal of an expired identification card, from the birthday nearest the date of issuance or renewal.

      4.  The Department may adopt regulations to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      (b) “Offender” includes , without limitation, an “offender convicted of a crime against a child” as defined in [NRS 179D.216] section 18 of this act and a “sex offender” as defined in [NRS 179D.400.] section 20 of this act.

 


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ê2007 Statutes of Nevada, Page 2780 (Chapter 485, AB 579)ê

 

      Sec. 55.  NRS 483.929 is hereby amended to read as follows:

      483.929  1.  The Department shall not issue a commercial driver’s license to an offender or renew the commercial driver’s license of an offender until the Department has received information submitted by the Central Repository pursuant to NRS 179D.570 or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D of NRS.

      2.  If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:

      (a) Shall not issue a commercial driver’s license to the offender or renew the commercial driver’s license of the offender; and

      (b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.

      3.  A commercial driver’s license issued to an offender expires on the first anniversary date of the offender’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.

      4.  The Department may adopt regulations to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      (b) “Offender” includes , without limitation, an “offender convicted of a crime against a child” as defined in [NRS 179D.216] section 18 of this act and a “sex offender” as defined in [NRS 179D.400.] section 20 of this act.

      Sec. 56.  NRS 62A.050, 62F.210, 62F.230, 62F.240, 62F.250, 179D.055, 179D.060, 179D.200, 179D.210, 179D.214, 179D.216, 179D.220, 179D.230, 179D.240, 179D.250, 179D.260, 179D.270, 179D.290, 179D.350, 179D.360, 179D.365, 179D.370, 179D.380, 179D.390, 179D.400, 179D.410, 179D.420, 179D.430, 179D.510, 179D.530, 179D.600, 179D.605, 179D.610, 179D.620, 179D.630, 179D.640, 179D.650, 179D.660, 179D.700, 179D.710, 179D.720, 179D.730, 179D.740, 179D.750, 179D.760, 179D.770 and 179D.800 are hereby repealed.

      Sec. 57.  This act becomes effective on July 1, 2008.

________

 


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ê2007 Statutes of Nevada, Page 2781ê

 

CHAPTER 486, AB 584

Assembly Bill No. 584–Committee on Transportation

 

CHAPTER 486

 

AN ACT relating to motor vehicles; providing that a driver of a commercial motor vehicle who has a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath or is under the influence of a controlled or prohibited substance is subject to a criminal penalty; revising certain provisions governing the issuance and renewal of drivers’ licenses and identification cards to comport with the federal REAL ID Act of 2005; repealing the Driver License Compact; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Sections 1, 2, 4, 5, 13-16 and 40-42 of this bill require the Department of Motor Vehicles to adopt certain regulations to bring Nevada into compliance with the federal REAL ID Act of 2005.

      Existing law requires an applicant for a driver’s license, identification card or a motorcycle driver’s license to provide his name, date of birth and residential address to the Department and furnish proof, acceptable to the Department, of his name and age to the Department. (NRS 483.290, 483.850, 486.081) Sections 2, 14, 15 and 40 of this bill provide that an applicant for a driver’s license, identification card or motorcycle license must furnish his full legal name, address of principal residence and mailing address, if different from his address of principal residence, on his application. The Department is authorized to adopt regulations prescribing the documents an applicant may furnish as proof of his full legal name and age. The Department may only grant a driver’s license, identification card or motorcycle driver’s license to a person who is a citizen of a foreign country for the period of his authorized stay in the United States or, if there is no definite end to the period of authorized stay, for 1 year from the date of issuance.

      Existing law requires that certain information be contained on a driver’s license or identification card. (NRS 483.340, 483.840) Sections 4 and 13 of this bill remove such requirements from existing law and require the Department to adopt regulations prescribing the specific information that a driver’s license or identification card must contain.

      Existing law prescribes when a driver’s license, identification card or motorcycle driver’s license expires. (NRS 483.380, 483.875, 486.161) Sections 5, 16 and 41 of this bill remove the expiration provisions from existing law and require the Department to adopt regulations that specify when a driver’s license, identification card or motorcycle driver’s license must expire.

      Existing law prescribes the specific information that must be included to record a conviction on a driving record. Section 9 of this bill deletes the requirement to record the conviction using the specific information and requires the Department to adopt regulations prescribing the information necessary to record a conviction on a driver’s record. (NRS 483.450)

      Existing law requires an applicant for a driver’s license or motorcycle driver’s license to furnish to the Department proof of his social security number, if one has been assigned to him. (NRS 483.290, 486.081) Section 14 of this bill requires an applicant for an identification card to furnish proof of his social security number, if he has been assigned one.

 


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ê2007 Statutes of Nevada, Page 2782 (Chapter 486, AB 584)ê

 

      Existing law makes it unlawful for the driver of a motor vehicle to be under the influence of intoxicating liquor or a controlled substance, or both, or to have a concentration of alcohol of 0.08 or more in his blood or breath. (NRS 484.379) Existing law also requires the imposition of administrative sanctions for a person who has a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath while in control of a commercial motor vehicle. (NAC 483.848) Section 22 of this bill makes it unlawful for any driver of a commercial motor vehicle, which includes a motor vehicle used to transport certain hazardous materials, to be under the influence of intoxicating liquor or a controlled substance or to have a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath.

      Section 48 of this bill repeals existing law which allows the Department to issue a driver’s license to an international student or instructor who declares himself to be a resident of Nevada for the limited purpose of obtaining a driver’s license. (NRS 483.247) Section 48 also repeals the Driver License Compact that requires the Department to request a copy of a person’s driving record from another state if he is applying for an instruction permit or an operator’s or chauffer’s license in this State. The person’s former driving record becomes part of his driving record in this State. The Driver License Compact is repealed in anticipation of the Department adopting the Driver License Agreement to replace the compact. NRS 483.635 grants the Department the authority to enter into an agreement with another state to facilitate the exchange of information concerning the issuance, renewal, suspension or revocation of drivers’ licenses and to ensure that each driver possesses only one license and driving record.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS

 

      Section 1.  NRS 481.052 is hereby amended to read as follows:

      481.052  The Director shall, by regulation, define [“seasonal] :

      1.  “Address of principal residence” as the term is used in chapters 483 and 486 of NRS;

      2.  “Conviction” as the term is used in NRS 483.010 to NRS 483.630, inclusive;

      3.  “Full legal name” as the term is used in chapters 483 and 486 of NRS; and

      4.  “Seasonal resident” as the term is used in chapters 482 and 483 of NRS.

      Sec. 2.  NRS 483.290 is hereby amended to read as follows:

      483.290  1.  Every application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the full legal name, date of birth, sex , [and residence] address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

 


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ê2007 Statutes of Nevada, Page 2783 (Chapter 486, AB 584)ê

 

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  [Except as otherwise provided in subsections 5, 6 and 7, every] Every applicant must furnish proof of his full legal name and age by displaying an original or certified copy of [at least one of the following documents:

      (a) If the applicant was born in the United States, including, without limitation, the District of Columbia or any territory of the United States:

             (1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;

             (2) A driver’s license issued by another state, the District of Columbia or any territory of the United States;

             (3) A passport issued by the United States Government;

             (4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

             (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

             (6) A Certificate of Degree of Indian Blood issued by the United States Government; or

             (7) Such other documentation as specified by the Department by regulation; or

      (b) If the applicant was born outside the United States:

             (1) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the Bureau of Citizenship and Immigration Services;

             (2) A Consular Report of Birth Abroad issued by the Department of State;

             (3) A driver’s license issued by another state, the District of Columbia or any territory of the United States;

             (4) A passport issued by the United States Government; or

             (5) Any other proof acceptable to the Department other than a passport issued by a foreign government.] the required documents as prescribed by regulation.

      3.  The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his full legal name and age to the Department.

      4.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      [4.] 5.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

      [5.] 6.  The Department may refuse to accept a driver’s license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a driver’s license.

 


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ê2007 Statutes of Nevada, Page 2784 (Chapter 486, AB 584)ê

 

      [6.] 7.  With respect to any document [described in paragraph (b) of subsection 2, the Department may:] presented by a person who was born outside of the United States to prove his full legal name and age, the Department:

      (a) [If] May, if the document has expired, refuse to accept the document or refuse to issue a driver’s license to the person presenting the document, or both; and

      (b) [If the document specifies a date by which the person presenting the document must depart from the United States,] Shall issue to the person presenting the document a driver’s license that [expires on the date on which the person is required to depart from the United States.] is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the driver’s license is valid for 1 year beginning on the date of issuance.

      [7.] 8.  The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a driver’s license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a driver’s license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

      [8.] 9.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in NRS 232.006.

      Sec. 3.  NRS 483.330 is hereby amended to read as follows:

      483.330  1.  The Department may require every applicant for a driver’s license, including a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:

      (a) A test of the applicant’s ability to understand official devices used to control traffic;

      (b) A test of his knowledge of practices for safe driving and the traffic laws of this State;

      (c) Except as otherwise provided in subsection 2, a test of his eyesight; and

      (d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.

Ê The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.

      2.  The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a driver’s license examiner.

      3.  If the Department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:

 


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ê2007 Statutes of Nevada, Page 2785 (Chapter 486, AB 584)ê

 

to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:

      (a) Past, present or prospective employer of the applicant; or

      (b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,

Ê in lieu of an actual demonstration.

      4.  The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada driver’s license who possesses a valid driver’s license of the same type or class issued by another jurisdiction unless that person:

      (a) Has not attained 25 years of age;

      (b) Has had his license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;

      (c) Has been convicted of a violation of NRS 484.37955 or, during the immediately preceding 7 years, of a violation of NRS 484.379 or 484.3795 or section 22 of this act or a law of any other jurisdiction that prohibits the same or similar conduct;

      (d) Has restrictions to his driver’s license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;

      (e) Has had three or more convictions of moving traffic violations on his driving record during the immediately preceding 4 years; or

      (f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1327 et seq. of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

      Sec. 4.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. [The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.]

      2.  The Department shall adopt regulations prescribing the information that must be contained on a driver’s license.

      3.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board.

 


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ê2007 Statutes of Nevada, Page 2786 (Chapter 486, AB 584)ê

 

the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      [3.] 4.  Information pertaining to the issuance of a driver’s license pursuant to subsection [2] 3 is confidential.

      [4.] 5.  It is unlawful for any person to use a driver’s license issued pursuant to subsection [2] 3 for any purpose other than the special investigation for which it was issued.

      [5.] 6.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body.

      (b) Give the holder the opportunity to have indicated whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the organ donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with an organization which registers as donors persons who desire to make anatomical gifts.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his driver’s license.

      [6.] 7.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      [7.] 8.  The Department shall submit to the organ donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection [5] 6 information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 5.  NRS 483.380 is hereby amended to read as follows:

      483.380  1.  Except as otherwise provided in NRS [483.247 and] 483.283, every driver’s license expires [on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.

      2.  Every license is renewable at any time before its expiration upon application and payment of the required fee.

      3.] as prescribed by regulation.

      2.  The Department shall adopt regulations prescribing when a driver’s license expires. The Department may, by regulation, defer the expiration of the driver’s license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe.

 


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ê2007 Statutes of Nevada, Page 2787 (Chapter 486, AB 584)ê

 

expiration of the driver’s license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.

      Secs. 6-8.  (Deleted by amendment.)

      Sec. 9.  NRS 483.450 is hereby amended to read as follows:

      483.450  1.  Whenever any person is convicted of any offense for which the provisions of NRS 483.010 to 483.630, inclusive, make mandatory the revocation of his driver’s license by the Department, the court in which the person is convicted may require the surrender to it of all driver’s licenses then held by the person convicted, and the court may, within 20 days after the conviction, forward these licenses, together with a record of the conviction, to the Department.

      2.  A record of conviction must be made in a manner approved by the Department. The court shall provide sufficient information to allow the Department to include accurately the information regarding the conviction in the driver’s record. [The record of conviction from the court must include at least the name and address of the person convicted, the number of his driver’s license, his social security number, the registration number of the vehicle involved, the date the citation was issued or the arrest was made, the number of the citation and the date and final disposition of the citation.]

      3.  The Department shall adopt regulations prescribing the information necessary to record the conviction in the driver’s record.

      4.  Every court, including a juvenile court, having jurisdiction over violations of the provisions of NRS 483.010 to 483.630, inclusive, or any other law of this State or municipal ordinance regulating the operation of motor vehicles on highways, shall forward to the Department:

      (a) If the court is other than a juvenile court, a record of the conviction of any person in that court for a violation of any such laws other than regulations governing standing or parking; or

      (b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,

Ê within 20 days after the conviction or finding, and may recommend the suspension of the driver’s license of the person convicted or child found in violation of a traffic law or ordinance.

      [4.] 5.  For the purposes of NRS 483.010 to 483.630, inclusive:

      (a) “Conviction” [means a final conviction, and includes a finding by a juvenile court pursuant to NRS 62E.700.] has the meaning prescribed by regulation pursuant to NRS 481.052.

      (b) A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, if the forfeiture has not been vacated, is equivalent to a conviction.

      [5.] 6.  The necessary expenses of mailing licenses and records of conviction to the Department as required by subsections 1 and [3] 4 must be paid by the court charged with the duty of forwarding those licenses and records of conviction.

      Sec. 10.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

 


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ê2007 Statutes of Nevada, Page 2788 (Chapter 486, AB 584)ê

 

that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 2 of NRS 484.377.

             (2) A violation of NRS 484.379 or section 22 of this act that is punishable as a felony pursuant to NRS 484.3792.

             (3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

 


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ê2007 Statutes of Nevada, Page 2789 (Chapter 486, AB 584)ê

 

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 11.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been cancelled, revoked or suspended is guilty of a misdemeanor.

      2.  Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of:

      (a) A violation of NRS 484.379, 484.3795 or 484.384 [;] or section 22 of this act;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months or by serving a term of residential confinement for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason, unless in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.

      3.  A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

      5.  If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while his license was:

 


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ê2007 Statutes of Nevada, Page 2790 (Chapter 486, AB 584)ê

 

      (a) Suspended, the Department shall extend the period of the suspension for an additional like period.

      (b) Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted, the Department shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (d) Suspended or cancelled for an indefinite period, the Department shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.

      6.  Suspensions and revocations imposed pursuant to this section must run consecutively.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  [Identification cards must include the following information concerning the holder:

      (a) The name and sample signature of the holder.

      (b) A unique identification number assigned to the holder that is not based on the holder’s social security number.

      (c) A personal description of the holder.

      (d) The date of birth of the holder.

      (e) The current address of the holder in this State.

      (f) A colored photograph of the holder.

      4.  The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.

      5.]  The Department shall adopt regulations prescribing the information that must be contained on an identification card.

      4.  At the time of the issuance or renewal of the identification card, the Department shall:

      (a) Give the holder the opportunity to have indicated on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body.

      (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the organ donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with an organization which registers as donors persons who desire to make anatomical gifts.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.863, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his identification card.

 


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ê2007 Statutes of Nevada, Page 2791 (Chapter 486, AB 584)ê

 

      [6.] 5.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      [7.] 6.  The Department shall submit to the organ donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection [5] 4 information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      [8.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.]

      Sec. 14.  NRS 483.850 is hereby amended to read as follows:

      483.850  1.  Every application for an identification card must be made upon a form provided by the Department and include [:] , without limitation:

      (a) The applicant’s full legal name.

      (b) [His social security number, if any.

      (c)] His date of birth.

      [(d)] (c) His state of legal residence.

      [(e)] (d) His current address of principal residence and mailing address, if different from his address of principal residence, in this State, unless the applicant is on active duty in the military service of the United States.

      [(f)] (e) A statement from:

             (1) A resident stating that he does not hold a valid driver’s license or identification card from any state or jurisdiction; or

             (2) A seasonal resident stating that he does not hold a valid Nevada driver’s license.

      2.  When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.

      3.  An applicant who has been issued a social security number must provide to the Department for inspection:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department bearing the social security number of the applicant, including, without limitation, records of employment or federal income tax returns.

      4.  At the time of applying for an identification card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      [4.] 5.  A person who possesses a driver’s license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the driver’s license or identification card issued by the other state or jurisdiction at the time he applies for an identification card pursuant to this section.

      Sec. 15.  NRS 483.860 is hereby amended to read as follows:

      483.860  1.  [Except as otherwise provided in subsection 3, every] Every applicant for an identification card must furnish proof of his full legal name and age by presenting [a birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States, or other proof of the applicant’s date of birth, including, but not limited to, a driver’s license or identification card issued by another state, the District of Columbia or any territory of the United States, or such other corroboration of the matters stated in his application as are required of applicants for a driver’s license pursuant to NRS 483.290.

 


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ê2007 Statutes of Nevada, Page 2792 (Chapter 486, AB 584)ê

 

corroboration of the matters stated in his application as are required of applicants for a driver’s license pursuant to NRS 483.290.

      2.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

      3.  The Department may refuse to accept a driver’s license or identification card issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a driver’s license or identification card.

      4.  With respect to any document described in subsection 1, the Department may, if the document has expired, refuse to accept the document or refuse to issue an identification card to the person presenting the document, or both.

      5.] an original or certified copy of the required documents as prescribed by regulation.

      2.  The Director shall adopt regulations [setting] :

      (a) Prescribing the documents an applicant may use to furnish proof of his full legal name and age to the Department; and

      (b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

      [6.] 3.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, “consular identification card” has the meaning ascribed to it in NRS 232.006.

      Sec. 16.  NRS 483.875 is hereby amended to read as follows:

      483.875  1.  Except as otherwise provided in NRS 483.861 and 483.870, an identification card and a renewal of an identification card issued pursuant to NRS 483.810 to 483.890, inclusive, expires [on the fourth anniversary of the birthday of the holder of the identification card, measured from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.810 to 483.890, inclusive, considered to have the anniversary of his birth fall on February 28.] as prescribed by regulation.

      2.  The Department shall adopt regulations prescribing when an identification card expires.

      3.  An identification card is renewable at any time before its expiration upon application and payment of the required fee.

      4.  The Department shall issue an identification card that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the identification card is valid for 1 year beginning on the date of issuance.

 


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ê2007 Statutes of Nevada, Page 2793 (Chapter 486, AB 584)ê

 

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 22, inclusive, of this act.

      Sec. 19.  As used in NRS 484.379 to 484.3947, inclusive, and section 19 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 20 and 21 of this act have the meanings ascribed to them in those sections.

      Sec. 20.  “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

      1.  Has a gross combination weight rating of 26,001 or more pounds which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

      2.  Has a gross vehicle weight rating of 26,001 or more pounds;

      3.  Is designed to transport 16 or more passengers, including the driver; or

      4.  Regardless of size, is used in the transportation of materials which are considered to be hazardous for the purposes of the federal Hazardous Materials Transportation Act, 49 U.S.C. §§ 5101 et. seq., and for which the display of identifying placards is required pursuant to 49 C.F.R. Part 172, Subpart F.

      Sec. 21.  The phrase “concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath” means 0.04 gram or more but less than 0.08 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      Sec. 22.  1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath; or

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.08 in his blood or breath,

Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a commercial motor vehicle,

Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

      3.  It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

 


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ê2007 Statutes of Nevada, Page 2794 (Chapter 486, AB 584)ê

 

 

                                                                                          Urine                           Blood

                                                                               Nanograms                 Nanograms

      Prohibited substance                                per milliliter               per milliliter

 

      (a) Amphetamine                                                       500                               100

      (b) Cocaine                                                                 150                                 50

      (c) Cocaine metabolite                                             150                                 50

      (d) Heroin                                                                2,000                                 50

      (e) Heroin metabolite:

             (1) Morphine                                                     2,000                                 50

             (2) 6-monoacetyl morphine                                 10                                 10

      (f) Lysergic acid diethylamide                                  25                                 10

      (g) Marijuana                                                               10                                    2

      (h) Marijuana metabolite                                          15                                    5

      (i) Methamphetamine                                               500                               100

      (j) Phencyclidine                                                          25                                 10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.04 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

      Sec. 23.  NRS 484.3667 is hereby amended to read as follows:

      484.3667  1.  Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit, or of NRS 484.254, 484.278, 484.289, 484.2895, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.3775, 484.379, 484.448, 484.453 or 484.479, or section 22 of this act that occurred:

      (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

      (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,

Ê shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

 


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ê2007 Statutes of Nevada, Page 2795 (Chapter 486, AB 584)ê

 

create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      2.  The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      3.  A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected:

      (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;

      (b) A sign to mark the beginning of the temporary traffic control zone; and

      (c) A sign to mark the end of the temporary traffic control zone.

      4.  A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

      Sec. 24.  NRS 484.3791 is hereby amended to read as follows:

      484.3791  1.  In addition to any other penalty provided by law, a person convicted of a violation of NRS 484.379 or section 22 of this act is liable to the State for a civil penalty of $35, payable to the Department.

      2.  The Department shall not issue any license to drive a motor vehicle to a person convicted of a violation of NRS 484.379 or section 22 of this act until the civil penalty is paid.

      3.  Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.

      Sec. 25.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  Unless a greater penalty is provided pursuant to NRS 484.3795 or 484.37955, and except as otherwise provided in subsection 2, a person who violates the provisions of NRS 484.379 [:] or section 22 of this act:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

             (1) Except as otherwise provided in subparagraph (4) or subsection 7, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379 [;] or section 22 of this act;

             (3) Fine him not less than $400 nor more than $1,000; and

 


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ê2007 Statutes of Nevada, Page 2796 (Chapter 486, AB 584)ê

 

             (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:

             (1) Sentence him to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379 [;] or section 22 of this act; and

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) For a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  Unless a greater penalty is provided in NRS 484.37955, a person who has previously been convicted of:

      (a) A violation of NRS 484.379 or section 22 of this act that is punishable as a felony pursuant to paragraph (c) of subsection 1;

      (b) A violation of NRS 484.3795;

      (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 substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c),

Ê and who violates the provisions of NRS 484.379 or section 22 of this act is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      3.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions.

 


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ê2007 Statutes of Nevada, Page 2797 (Chapter 486, AB 584)ê

 

preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      4.  A person convicted of violating the provisions of NRS 484.379 or section 22 of this act must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 or section 22 of this act in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      5.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      6.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

      7.  If the person who violated the provisions of NRS 484.379 or section 22 of this act possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

      8.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      9.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.

 


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which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.

      10.  As used in this section, unless the context otherwise requires:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      (b) “Offense” means:

             (1) A violation of NRS 484.379 or 484.3795 [;] or section 22 of this act;

             (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 26.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  An offender who is found guilty of a violation of NRS 484.379 or section 22 of this act that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 1 year if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the 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 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 upon affidavits and other information before the court.

      4.  If the court determines that an application for treatment should be granted, 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 facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

 


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and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (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 a 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 failure to be accepted for or complete treatment.

      Sec. 27.  NRS 484.37945 is hereby amended to read as follows:

      484.37945  1.  When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for a period not to exceed 1 year, in accordance with the report submitted to the court pursuant to subsection 3, 4, 5 or 6 of NRS 484.37943. The court shall:

      (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

Ê for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment facility is not liable for any damages to person or property caused by a person who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or section 22 of this act or a law of any other jurisdiction that prohibits the same or similar conduct,

 


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Ê after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792.

      Sec. 28.  NRS 484.3796 is hereby amended to read as follows:

      484.3796  1.  Before sentencing an offender for a violation of NRS 484.379 or section 22 of this act that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795 or 484.37955, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 29.  NRS 484.3797 is hereby amended to read as follows:

      484.3797  1.  The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:

      (a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or section 22 of this act or a law of any other jurisdiction that prohibits the same or similar conduct; and

      (b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.

Ê The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.

      2.  Except as otherwise provided in this subsection, if a defendant pleads guilty to or is found guilty of any violation of NRS 484.379, 484.3795 or 484.37955, or section 22 of this act, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:

      (a) Attend, at the defendant’s expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or section 22 of this act, or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and

      (b) Pay the fee, if any, established by the court pursuant to subsection 1.

Ê The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.

 


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      3.  A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.

      Sec. 30.  NRS 484.37975 is hereby amended to read as follows:

      484.37975  1.  If a person is convicted of a second or subsequent violation of NRS 484.379 or 484.3795 or section 22 of this act within 7 years or a violation of NRS 484.37955, the court shall issue an order directing the Department to suspend the registration of each motor vehicle that is registered to or owned by the person for 5 days.

      2.  If a court issues an order directing the Department to suspend the registration of a motor vehicle pursuant to subsection 1, the court shall forward a copy of the order to the Department within 5 days after issuing the order. The order must include, without limitation, information concerning each motor vehicle that is registered to or owned by the person, including, without limitation, the registration number of the motor vehicle, if such information is available.

      3.  A court shall provide for limited exceptions to the provisions of subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. Such an exception must be provided if the court determines that:

      (a) A member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:

             (1) To travel to or from work or in the course and scope of his employment;

             (2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

             (3) To transport himself or another member of his immediate family to or from school; or

      (b) An alternative means of transportation is not available to a member of the immediate family of the person whose registration is suspended.

      Sec. 31.  NRS 484.3798 is hereby amended to read as follows:

      484.3798  1.  If a defendant pleads guilty to or is found guilty of any violation of NRS 484.379, 484.3795 or 484.37955 or section 22 of this act and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      3.  The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.

 


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      4.  Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

      5.  In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:

      (a) Except as otherwise provided in paragraph (b), must be:

             (1) Expended to pay for the chemical analyses performed within the county;

             (2) Expended to purchase and maintain equipment to conduct such analyses;

             (3) Expended for the training and continuing education of the employees who conduct such analyses; and

             (4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.

      (b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by, or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484.388.

      Sec. 32.  NRS 484.382 is hereby amended to read as follows:

      484.382  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 [.] or section 22 of this act.

      2.  If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 33.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in of his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 [.] or section 22 of this act.

 


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ê2007 Statutes of Nevada, Page 2803 (Chapter 486, AB 584)ê

 

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

            (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or section 22 of this act or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955, or section 22 of this act,

Ê the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.

 


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ê2007 Statutes of Nevada, Page 2804 (Chapter 486, AB 584)ê

 

      8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 34.  NRS 484.389 is hereby amended to read as follows:

      484.389  1.  If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 [.] or section 22 of this act.

      2.  Except as otherwise provided in subsection 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.

      3.  If a person submits to a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney.

      4.  Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.

      Sec. 35.  NRS 484.391 is hereby amended to read as follows:

      484.391  1.  A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or section 22 of this act must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine:

      (a) The concentration of alcohol in his blood or breath; or

      (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

      2.  The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

      3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

      Sec. 36.  NRS 484.393 is hereby amended to read as follows:

      484.393  1.  The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 or section 22 of this act unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

 


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ê2007 Statutes of Nevada, Page 2805 (Chapter 486, AB 584)ê

 

             (1) Is a physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.

      Sec. 37.  NRS 484.3943 is hereby amended to read as follows:

      484.3943  1.  Except as otherwise provided in subsections 2 and 5, a court:

      (a) May order a person convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, if the person is found to have had a concentration of alcohol of less than 0.18 in his blood or breath, for a period of not less than 3 months nor more than 6 months, to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of his driving privilege.

      (b) Shall order a person convicted of:

             (1) A violation of NRS 484.379 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, if the person is found to have had a concentration of alcohol of 0.18 or more in his blood or breath;

             (2) A violation of NRS 484.379 or section 22 of this act that is punishable as a felony pursuant to NRS 484.3792; or

             (3) A violation of NRS 484.3795 or 484.37955,

Ê for a period of not less than 12 months nor more than 36 months, to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of his driving privilege.

      2.  A court may provide for an exception to the provisions of subparagraph (1) of paragraph (b) of subsection 1 for a person who is convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, to avoid undue hardship to the person if the court determines that:

      (a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; and

      (b) The person requires the use of the motor vehicle to:

             (1) Travel to and from work or in the course and scope of his employment;

             (2) Obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

 


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ê2007 Statutes of Nevada, Page 2806 (Chapter 486, AB 584)ê

 

             (3) Transport himself or another member of his immediate family to or from school.

      3.  If the court orders a person to install a device pursuant to subsection 1:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before he may receive a restricted license or before his driving privilege may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section shall:

      (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which he is required to use the device; or

      (b) If he was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

Ê to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.

      5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to him or reinstates his driving privilege and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484.379, 484.3795 or 484.37955, or section 22 of this act, imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation.

      7.  As used in this section:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

 


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      (b) “Concentration of alcohol of less than 0.18 in his blood or breath” means less than 0.18 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 38.  NRS 484.791 is hereby amended to read as follows:

      484.791  1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

      (a) Homicide by vehicle;

      (b) A violation of NRS 484.379 [;] or section 22 of this act;

      (c) A violation of NRS 484.3795;

      (d) A violation of NRS 484.37955;

      (e) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries in violation of NRS 484.219 or 484.223;

      (f) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484.221 or 484.225;

      (g) Reckless driving;

      (h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been cancelled, revoked or suspended; or

      (i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.

      2.  Whenever any person is arrested as authorized in this section, he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (f) and (g) of subsection 1 , a peace officer has the same discretion as is provided in other cases in NRS 484.795.

      Sec. 39.  NRS 484.795 is hereby amended to read as follows:

      484.795  Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. He must be taken before the magistrate in any of the following cases:

      1.  When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;

      2.  When the person is charged with a violation of NRS 484.701, relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

      3.  When the person is charged with a violation of NRS 484.755, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or

      4.  When the person is charged with a violation of NRS 484.379 [,] or section 22 of this act, unless he is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking him before the magistrate.

      Sec. 40.  NRS 486.081 is hereby amended to read as follows:

      486.081  1.  Every application for a motorcycle driver’s license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths.

 


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ê2007 Statutes of Nevada, Page 2808 (Chapter 486, AB 584)ê

 

the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      2.  Every application must:

      (a) State the full legal name, date of birth, sex , [and residence] address of [the applicant;] principal residence and mailing address, if different from the address of principal residence;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

      3.  [Except as otherwise provided in subsections 5, 6 and 7, every] Every applicant shall furnish proof of his full legal name and age by displaying an original or certified copy of [at least one of the following documents:

      (a) If he was born in the United States, including, without limitation, the District of Columbia or any territory of the United States:

             (1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;

             (2) A driver’s license issued by another state, the District of Columbia or any territory of the United States;

             (3) A passport issued by the United States Government;

             (4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

             (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

             (6) A Certificate of Degree of Indian Blood issued by the United States Government; or

             (7) Such other documentation as specified by the Department by regulation; or

      (b) If he was born outside the United States:

             (1) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the Bureau of Citizenship and Immigration Services;

             (2) A Consular Report of Birth Abroad issued by the Department of State;

             (3) A driver’s license issued by another state, the District of Columbia or any territory of the United States;

             (4) A passport issued by the United States Government; or

             (5) Any other proof acceptable to the Department other than a passport issued by a foreign government.] the required documents as prescribed by regulation.

      4.  The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his full legal name and age to the Department.

      5.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

 


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ê2007 Statutes of Nevada, Page 2809 (Chapter 486, AB 584)ê

 

      (b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

      [5.] 6.  The Department may refuse to accept a driver’s license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a driver’s license.

      [6.] 7.  With respect to any document [described in paragraph (b) of subsection 3, the Department may:

      (a) If the document] that has expired [,] :

      (a) The Department may refuse to accept the document or refuse to issue a driver’s license to the person presenting the document, or both; and

      (b) If the document [specifies a date by which the person presenting the document must depart from] indicates that the person is authorized to stay in the United States, the Department shall issue to the person presenting the document a driver’s license that [expires on the date on which the person is required to depart from the United States.] is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the driver’s license is valid for 1 year beginning on the date of issuance.

      [7.] 8.  The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a driver’s license in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a driver’s license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

      [8.] 9.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for a motorcycle driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in NRS 232.006.

      Sec. 41.  NRS 486.161 is hereby amended to read as follows:

      486.161  1.  Except as otherwise provided in subsection [4,] 5, every motorcycle driver’s license expires [on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28.] as prescribed by regulation.

      2.  The Department shall adopt regulations prescribing when a motorcycle driver’s license expires.

      3.  Every license is renewable at any time before its expiration upon application, submission of the statement required pursuant to NRS 486.084 and payment of the required fee. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.

      [3.] 4.  Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal must appear before an examiner for a driver’s license and successfully pass a test of his eyesight.

 


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ê2007 Statutes of Nevada, Page 2810 (Chapter 486, AB 584)ê

 

      [4.] 5.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass:

      (a) A driving test conducted by the Department; or

      (b) A course of motorcycle safety approved by the Department,

Ê and have the authority endorsed upon his license.

      Sec. 42.  NRS 486.161 is hereby amended to read as follows:

      486.161  1.  Except as otherwise provided in subsection [4,] 5, every motorcycle driver’s license expires [on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28.] as prescribed by regulation.

      2.  The Department shall adopt regulations prescribing when a motorcycle driver’s license expires.

      3.  Every license is renewable at any time before its expiration upon application and payment of the required fee. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.

      [3.] 4.  Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal must appear before an examiner for a driver’s license and successfully pass a test of his eyesight.

      [4.] 5.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass:

      (a) A driving test conducted by the Department; or

      (b) A course of motorcycle safety approved by the Department,

Ê and have the authority endorsed upon his license.

      Sec. 43.  NRS 179A.070 is hereby amended to read as follows:

      179A.070  1.  “Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484.379, 484.3795 and 484.37955, and section 22 of this act, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.

      2.  “Record of criminal history” does not include:

 


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ê2007 Statutes of Nevada, Page 2811 (Chapter 486, AB 584)ê

 

      (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;

      (b) Information concerning juveniles;

      (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;

      (d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;

      (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;

      (f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;

      (g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;

      (h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses;

      (i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or

      (j) Records which originated in an agency other than an agency of criminal justice in this State.

      Sec. 44.  NRS 209.425 is hereby amended to read as follows:

      209.425  1.  The Director shall, with the approval of the Board, establish a program for the treatment of an abuser of alcohol or drugs who is imprisoned for a violation of NRS 484.379 or section 22 of this act that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795 or 484.37955. The program must include an initial period of intensive mental and physical rehabilitation in a facility of the Department, followed by regular sessions of education, counseling and any other necessary or desirable treatment.

      2.  The Director may, upon the request of the offender after the initial period of rehabilitation, allow the offender to earn wages under any other program established by the Department if the offender assigns to the Department any wages he earns under such a program. The Director may deduct from the wages of the offender an amount determined by the Director, with the approval of the Board, to:

      (a) Offset the costs, as reflected in the budget of the Department, to maintain the offender in a facility or institution of the Department and in the program of treatment established pursuant to this section; and

      (b) Meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.

      Sec. 45.  NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he is sentenced unless:

 


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ê2007 Statutes of Nevada, Page 2812 (Chapter 486, AB 584)ê

 

      1.  The crime is:

      (a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;

      (b) A crime against a child as defined in NRS 179D.210;

      (c) A sexual offense as defined in NRS 179D.410; or

      (d) An act which constitutes domestic violence as set forth in NRS 33.018;

      2.  The crime is that of trafficking of a controlled substance;

      3.  The crime is a violation of NRS 484.379, 484.3795 or 484.37955 [;] or section 22 of this act;

      4.  The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

      5.  Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.

      Sec. 46.  Section 21 of this act is hereby amended to read as follows:

      Sec. 21.  The phrase “concentration of alcohol of 0.04 or more but less than [0.08] 0.10 in his blood or breath” means 0.04 gram or more but less than [0.08] 0.10 gram of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      Sec. 47.  Section 22 of this act is hereby amended to read as follows:

      Sec. 22.  1.  It is unlawful for any person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.04 or more but less than [0.08] 0.10 in his blood or breath; or

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than [0.08] 0.10 in his blood or breath,

Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who:

      (a) Is under the influence of a controlled substance;

      (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

      (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a commercial motor vehicle,

Ê to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

 


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ê2007 Statutes of Nevada, Page 2813 (Chapter 486, AB 584)ê

 

      3.  It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

 

                                                                 Urine                           Blood

                                                     Nanograms                 Nanograms

Prohibited substance                per milliliter                 per milliliter

 

(a) Amphetamine                                   500                               100

(b) Cocaine                                              150                                 50

(c) Cocaine metabolite                          150                                 50

(d) Heroin                                              2,000                                 50

(e) Heroin metabolite:

      (1) Morphine                                  2,000                                 50

      (2) 6-monoacetyl morphine              10                                 10

(f) Lysergic acid diethylamide                25                                 10

(g) Marijuana                                             10                                    2

(h) Marijuana metabolite                        15                                    5

(i) Methamphetamine                            500                               100

(j) Phencyclidine                                        25                                 10

 

      4.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.04 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      5.  A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

      Sec. 48.  NRS 483.247, 483.345, 483.670 and 483.922 are hereby repealed.

      Sec. 48.5.  1.  The regulations adopted by the Department of Motor Vehicles or the Director of the Department pursuant to:

      (a) Subsections 1 and 3 of NRS 481.052, as amended by section 1 of this act;

      (b) Subsection 3 of NRS 483.290, as amended by section 2 of this act;

      (c) Subsection 2 of NRS 483.340, as amended by section 4 of this act;

      (d) Subsection 2 of NRS 483.380, as amended by section 5 of this act;

      (e) Subsection 3 of NRS 483.840, as amended by section 13 of this act;

      (f) Subsection 2 of NRS 483.860, as amended by section 15 of this act;

      (g) Subsection 2 of NRS 483.875, as amended by section 16 of this act;

      (h) Subsections 4 and 8 of NRS 486.081, as amended by section 40 of this act; and

      (i) Subsection 2 of NRS 486.161, as amended by section 41 of this act,

Ê must be consistent with the regulations issued by the Secretary of Homeland Security to implement the provisions of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 311, 49 U.S.C. § 30301.

 


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ê2007 Statutes of Nevada, Page 2814 (Chapter 486, AB 584)ê

 

      2.  The regulations of the Department of Motor Vehicles or the Director of the Department specified in subsection 1 must not become effective until the later of:

      (a) May 11, 2008;

      (b) The effective date of the regulations issued by the Secretary of Homeland Security to implement the provisions of the Real ID Act of 2005; or

      (c) The expiration of any extension of time granted to this State by the Secretary of Homeland Security to comply with the provisions of the Real ID Act of 2005.

      Sec. 49.  1.  This section and section 48.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 7, inclusive, 9 to 41, inclusive, 43, 44, 45 and 48 of this act become effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act. For all other purposes:

      (a) Sections 3, 6, 7, 9 to 12, inclusive, 17 to 39, inclusive, and 43, 44, 45 and 48 of this act become effective on October 1, 2007; and

      (b) Sections 1, 2, 4, 5, 13 to 16, inclusive, 40 and 41 of this act become effective upon the later of:

             (1) May 11, 2008;

             (2) The effective date of the regulations issued by the Secretary of Homeland Security to implement the provisions of the Real ID Act of 2005; or

             (3) The expiration of any extension of time granted to this State by the Secretary of Homeland Security to comply with the provisions of the Real ID Act of 2005.

      3.  Sections 7 and 41 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment of the support of one or more children,

Ê are repealed by the Congress of the United States.

      4.  Sections 8 and 42 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment of the support of one or more children,

Ê are repealed by the Congress of the United States.

      5.  Sections 21 and 22 of this act expire by limitation on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

 


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ê2007 Statutes of Nevada, Page 2815 (Chapter 486, AB 584)ê

 

      6.  Sections 46 and 47 of this act become effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

________

 

CHAPTER 487, AB 50

Assembly Bill No. 50–Assemblymen Conklin, Gerhardt and Denis

 

CHAPTER 487

 

AN ACT relating to peace officers; requiring law enforcement agencies to adopt policies and procedures that provide for the acceptance of service of certain subpoenas; amending the exceptions that authorize the release of the home address of a peace officer by a law enforcement agency in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires law enforcement agencies to adopt policies and procedures that provide for the acceptance of certain subpoenas on behalf of peace officers.

      Existing law provides that the home address of a peace officer is not public information and is confidential unless the peace officer authorizes the release of the address or has been arrested. (NRS 289.025) Section 2 of this bill authorizes the release of the home address of a peace officer to the public only if the officer has been arrested and the home address is included in a report of a 911 telephone call, a police report, a witness statement or certain reports relating to the custody of a child. (NRS 289.025)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each law enforcement agency shall adopt policies and procedures that provide for the orderly and safe acceptance of service of certain subpoenas served on a peace officer employed by the law enforcement agency.

      2.  A subpoena to be served upon a peace officer that is authorized to be served upon a law enforcement agency in accordance with the policies and procedures adopted pursuant to subsection 1 may be served in the manner provided by those policies and procedures.

      Sec. 2.  NRS 289.025 is hereby amended to read as follows:

      289.025  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential.

      2.  The [home address and] photograph of a peace officer may be released:

 


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ê2007 Statutes of Nevada, Page 2816 (Chapter 487, AB 50)ê

 

      (a) If the peace officer authorizes the release; or

      (b) If the peace officer has been arrested.

      3.  The home address of a peace officer may be released if a peace officer has been arrested and the home address is included in any of the following:

      (a) A report of a 911 telephone call.

      (b) A police report, investigative report or complaint which a person filed with a law enforcement agency.

      (c) A statement made by a witness.

      (d) A report prepared pursuant to NRS 432B.540 by an agency which provides child welfare services, which report details a plan for the placement of a child.

      Sec. 3.  NRS 174.345 is hereby amended to read as follows:

      174.345  1.  Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. [Service] Except as otherwise provided in section 1 of this act, service of a subpoena must be made by delivering a copy thereof to the person named.

      2.  Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial may be served by mailing the subpoena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to the person’s last known address, not less than 10 days before the trial which the subpoena commands him to attend.

      3.  If a subpoena is served by mail, a certificate of the mailing must be filed with the court within 2 days after the subpoena is mailed.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 2817ê

 

CHAPTER 488, AB 508

Assembly Bill No. 508–Select Committee on Corrections, Parole, and Probation

 

CHAPTER 488

 

AN ACT relating to the Advisory Commission on Sentencing; changing the name of the Commission; revising the membership and duties of the Commission; authorizing the Commission to issue subpoenas; requiring the Commission to hold meetings at least once every 3 months; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill changes the name of the Advisory Commission on Sentencing to the Advisory Commission on the Administration of Justice and adds: (1) a sitting or retired justice of the Nevada Supreme Court; (2) a representative of an organization that advocates on behalf of inmates; (3) a representative of the Nevada Sheriffs’ and Chiefs’ Association to the Commission; and (4) a member of the State Board of Parole Commissioners and removes the member appointed by the Nevada Association of Counties. Section 2 also removes the Attorney General as the Chairman of the Commission. Instead, members are required to elect a Chairman at the first meeting of each odd-numbered year. The Commission is further required to meet at least quarterly.

      Section 1 of this bill authorizes the Commission to issue subpoenas to compel the attendance of witnesses and the production of books, records, documents and other papers and testimony.

      Section 3 of this bill revises the duties of the Commission by requiring the Commission to evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners and to consider whether it is feasible and advisable to establish an oversight or advisory board to perform various functions. Section 3 also requires the Commission to evaluate the effectiveness of specialty court programs in this State and to evaluate the policies and practices concerning presentence investigations and reports of the Division of Parole and Probation of the Department of Public Safety. Section 3 also requires the Commission to evaluate, review and comment upon issues relating to juvenile justice.

      Section 4 of this bill makes an appropriation to the Commission to enter into a contract with a consultant to assist the Commission in carrying out its duties.

      Section 5 of this bill provides that incumbent members of the Commission may serve out the remainder of their respective terms. Section 5 requires that new positions and vacancies in the Commission be filled in a designated manner. Section 5 also mandates that the Commission meet and elect a Chairman by July 31, 2007.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To carry out its powers and duties pursuant to this section NRS 176.0121 to 176.0129, inclusive, the Commission, or any member thereof acting on behalf of the Commission with a concurrence of a majority of the members of the Commission, may issue subpoenas to compel the attendance of witnesses and the production of books, records, documents or other papers and testimony.

 


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ê2007 Statutes of Nevada, Page 2818 (Chapter 488, AB 508)ê

 

      2.  If any person fails to comply with a subpoena issued by the Commission or any member thereof pursuant to this section within 20 days after the date of service of the subpoena, the Commission may petition the district court for an order of the court compelling compliance with the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 20 days after the date of service of the order, and show cause why he has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      4.  If it appears to the court that the subpoena was regularly issued by the Commission or a member thereof pursuant to this section, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person shall be dealt with as for contempt of court.

      Sec. 1.5.  NRS 176.0121 is hereby amended to read as follows:

      176.0121  As used in NRS 176.0121 to 176.0129, inclusive, “Commission” means the Advisory Commission on [Sentencing.] the Administration of Justice.

      Sec. 2.  NRS 176.0123 is hereby amended to read as follows:

      176.0123  1.  The Advisory Commission on [Sentencing] the Administration of Justice is hereby created. The Commission consists of:

      (a) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;

      (b) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;

      (c) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      [(c)] (d) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      [(d)] (e) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;

      [(e)] (f) One member who is a representative of a law enforcement agency, appointed by the Governor;

      [(f)] (g) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

      [(g)] (h) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;

      [(h)] (i) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

      (j) One member who is a [county commissioner,] representative of the Nevada Sheriffs’ and Chiefs’ Association, appointed by [the governing body of] the Nevada Sheriffs’ and Chiefs’ Association ; [of Counties;]

      [(i)] (k) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;

      (l) The Director of the Department of Corrections;

 


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ê2007 Statutes of Nevada, Page 2819 (Chapter 488, AB 508)ê

 

      [(j)] (m) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and

      [(k)] (n) Two members who are Assemblymen, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.

Ê If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the Governor.

      2.  The Attorney General is an ex officio voting member of the Commission . [and shall serve as the Chairman of the Commission.]

      3.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment [.] not later than 30 days after the vacancy occurs.

      4.  The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Commission.

      5.  At the first regular meeting of each odd-numbered year, the members of the Commission shall elect a Chairman by majority vote who shall serve until the next Chairman is elected.

      6.  The Commission shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chairman.

      7.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Commission.

      8.  While engaged in the business of the Commission, to the extent of legislative appropriation, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      [6.]  9.  To the extent of legislative appropriation, the Attorney General shall provide the Commission with such staff as is necessary to carry out the duties of the Commission.

      Sec. 3.  NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

      1.  Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

 


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ê2007 Statutes of Nevada, Page 2820 (Chapter 488, AB 508)ê

 

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

      (a) Policies relating to parole;

      (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

      (c) Policies for the operation of the Department of Corrections;

      (d) Budgetary issues; and

      (e) Other related matters.

      5.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

      6.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

      7.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

 


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ê2007 Statutes of Nevada, Page 2821 (Chapter 488, AB 508)ê

 

      (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

      (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

      8.  Compile and develop statistical information concerning sentencing in this State.

      [5.]  9.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes [in the structure of sentencing] pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than [10 days after the commencement of the session.] September 1 of each even-numbered year.

      Sec. 3.5.  NRS 179A.290 is hereby amended to read as follows:

      179A.290  1.  The Director of the Department shall establish within the Central Repository a program to compile and analyze data concerning offenders who commit sexual offenses. The program must be designed to:

      (a) Provide statistical data relating to the recidivism of offenders who commit sexual offenses; and

      (b) Use the data provided by the Division of Child and Family Services of the Department of Health and Human Services pursuant to NRS 62H.220 to:

             (1) Provide statistical data relating to the recidivism of juvenile sex offenders after they become adults; and

             (2) Assess the effectiveness of programs for the treatment of juvenile sex offenders.

      2.  The Division of Parole and Probation and the Department of Corrections shall assist the Director of the Department in obtaining data and in carrying out the program.

      3.  The Director of the Department shall report the statistical data and findings from the program to:

      (a) The Legislature at the beginning of each regular session.

      (b) The Advisory Commission on [Sentencing] the Administration of Justice on or before January 31 of each even-numbered year.

      4.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of a juvenile sex offender or the identity of an individual victim of a crime.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Advisory Commission on the Administration of Justice the sum of $50,000 so that the Commission may enter into a contract with a qualified, independent consultant to assist the Commission in carrying out its duties.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

 


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ê2007 Statutes of Nevada, Page 2822 (Chapter 488, AB 508)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 5.  1.  The Attorney General shall continue to serve as Chairman of the Advisory Commission on the Administration of Justice until the members elect a Chairman. The Commission shall meet not later than July 31, 2007, and shall elect a Chairman at that meeting.

      2.  Notwithstanding the amendatory provisions of this act, a member of the Commission, other than the member who is a county commissioner, who is serving a term on July 1, 2007, is entitled to serve out the remainder of the term to which he was appointed.

      3.  Not later than July 15, 2007:

      (a) The Chief Justice of the Supreme Court shall appoint the member described in paragraph (b) of subsection 1 of NRS 176.0123, as amended by this act;

      (b) The Governor shall appoint the member described in paragraph (i) of subsection 1 of NRS 176.0123, as amended by this act;

      (c) The Nevada Sheriffs’ and Chiefs’ Association shall appoint the member described in paragraph (j) of subsection 1 of NRS 176.0123, as amended by this act; and

      (d) The State Board of Parole Commissioners shall appoint the member described in paragraph (k) of subsection 1 of NRS 176.0123, as amended by this act.

      4.  Any vacancy on the Commission that exists on July 1, 2007, must be filled not later than July 15, 2007, in the manner described in NRS 176.0123, as amended by this act.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 2823ê

 

CHAPTER 489, AB 462

Assembly Bill No. 462–Assemblymen Kirkpatrick, Conklin, Atkinson and Pierce

 

CHAPTER 489

 

AN ACT relating to real property; excepting certain sales or leases of real property by governmental entities from requirements that the entities conduct appraisals of the real property before the sale or lease of the real property and that the entities sell or lease the real property by auction; authorizing a governmental entity to hold a public hearing in lieu of having a second appraisal conducted before the sale or lease of real property; requiring persons requesting to purchase real property from governmental entities by auction to deposit a certain amount of money to pay the costs incurred by the entity in acting upon the application; providing that a political subdivision may convey real property to the State without charge under certain circumstances; revising provisions governing certain rentals or leases at county airports; making various other changes relating to the sale and lease of real property by governmental entities; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the State Land Registrar, the board of county commissioners of each county, and the governing body of each incorporated city to obtain two independent appraisals of any real property when selling or leasing the property and to sell or lease the property upon sealed bids followed by oral offers. (NRS 244.2795, 244.281, 244.283, 268.059, 268.062, 321.007, 321.335) Sections 1, 3, 4, 6 and 7 of this bill amend that requirement to require that the State Land Registrar, each board of county commissioners and each city governing body, when selling or leasing real property: (1) obtain two independent appraisals of the property; or (2) obtain one independent appraisal of the property and hold a public hearing on the matter of the fair market value of the property. Sections 1-4 and 6-8 of this bill except property sold or leased to a public utility for a public purpose and property sold or leased to the State or another governmental entity from the requirement for an appraisal and to be sold or leased upon sealed bids followed by oral offers. Sections 1 and 2 of this bill except property leased pursuant to a contract entered into pursuant to chapter 333 of NRS from those requirements.

      Existing law provides for the board of county commissioners of each county and the governing body of each incorporated city to sell real property by auction. (NRS 244.282, 268.062) Sections 5 and 8 of this bill require a person requesting to purchase real property from a county or city by auction to deposit with the board of commissioners or governing body an amount of money sufficient to pay the costs of the board of commissioners or governing body in acting upon the request.

      Existing law authorizes the State to lease state land to certain nonprofit organizations or educational institutions for a reduced charge. (NRS 322.065) Sections 2.5 and 5.5 of this bill provide similar authority to the boards of county commissioners of counties and to the governing bodies of cities.

      Existing law provides that a political subdivision may convey real property to another political subdivision or an Indian tribe without charge if the property is to be used for a public purpose. (NRS 277.053) Section 9.3 of this bill provides that a political subdivision may also convey real property to the State or an agency of the State without charge if the property is to be used for a public purpose.

 


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ê2007 Statutes of Nevada, Page 2824 (Chapter 489, AB 462)ê

 

      Under existing law, the sale or lease of any portion of the property of a municipal airport is required to be made by public auction. (NRS 496.080) Section 9.7 of this bill provides that, in a county whose population is less than 50,000 (currently counties other than Clark and Washoe Counties, and Carson City), leases of property at a county airport are not subject to requirements relating to appraisal and public auction. Section 10 of this bill exempts a board of county commissioners of a county whose population is 50,000 or more (currently Clark and Washoe Counties and Carson City) from the requirement of conducting a public auction for the rental or lease of space for the parking or storage of aircraft at an airport owned by the county but requires that such a rental or lease be made for fair market value, as determined by an independent appraisal.

      Sections 1, 3, 4 and 6-9 of this bill provide additionally that if land or real property is sold or leased in violation of the provisions thereof, the sale or lease is void and any change to an ordinance or law governing the zoning or use of that land or real property is void if the change occurs within the 5-year period after the void sale or lease.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 321.007 is hereby amended to read as follows:

      321.007  1.  Except as otherwise provided in subsection 5, NRS 322.063, 322.065 or 322.075, except as otherwise required by federal law , except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:

      (a) [Obtain] Except as otherwise provided in this paragraph, obtain two independent appraisals of the land before selling or leasing it. If the Interim Finance Committee grants its approval after discussion of the fair market value of the land, one independent appraisal of the land is sufficient before selling or leasing it. The appraisal or appraisals , as applicable, must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.

      (b) Notwithstanding the provisions of chapter 333 of NRS, select the one independent appraiser or two independent appraisers , as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.

      2.  The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.

 


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ê2007 Statutes of Nevada, Page 2825 (Chapter 489, AB 462)ê

 

      4.  An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.

      5.  If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesman when offering such a property for lease.

      6.  If land is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 2.  NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Except as otherwise provided in NRS 321.125, 321.510, 322.063, 322.065 or 322.075, except as otherwise required by federal law , except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, or a lease of residential property with a term of 1 year or less, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, he may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

      3.  Before offering any land for sale or lease, the State Land Registrar shall [cause it to be appraised by competent appraisers selected pursuant to] comply with the provisions of NRS 321.007.

      4.  After [receipt of the report of the appraisers,] complying with the provisions of NRS 321.007, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold or leased;

      (b) A statement of the terms of sale or lease;

      (c) A statement that the land will be sold pursuant to subsection 6; and

 


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ê2007 Statutes of Nevada, Page 2826 (Chapter 489, AB 462)ê

 

      (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.

      6.  At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.

      7.  The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if he deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the State to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      8.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      9.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

      10.  The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      11.  If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must , as applicable obtain a new appraisal or new appraisals of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

 


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ê2007 Statutes of Nevada, Page 2827 (Chapter 489, AB 462)ê

 

land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

      Sec. 2.5.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners of a county may lease real property to a nonprofit organization that:

      (a) Is recognized as exempt under section 501(c)(3) of the Internal Revenue Code;

      (b) Is affiliated by contract or other written agreement with the county; and

      (c) Provides to residents of the county or to other persons a service that the county would otherwise be required to expend money to provide,

Ê under such terms and for such consideration as the board determines reasonable based upon the costs and benefits to the county and the recommendation of any county officers who may be involved in approving the lease.

      2.  To lease real property pursuant to this section, the board of county commissioners must approve the lease and establish the recommended amount of rent to be received for the real property. The board shall render a decision on an application to lease real property pursuant to this section within 60 days after it receives the application.

      3.  In determining the amount of rent for the lease of real property pursuant to this section, consideration must be given to:

      (a) The amount the lessee is able to pay;

      (b) Whether the real property will be used by the lessee to perform a service of value to members of the general public;

      (c) Whether the service to be performed on the real property will be of assistance to any agency of the county; and

      (d) The expenses, if any, that the county is likely to incur to lease real property pursuant to this section in comparison to other potential uses of the real property.

      4.  The board of county commissioners may waive any fee for the consideration of an application submitted pursuant to this section.

      Sec. 3.  NRS 244.2795 is hereby amended to read as follows:

      244.2795  1.  Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2825, 244.284, 244.287, 244.290 , section 2.5 of this act [and] , NRS 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less , except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:

 


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ê2007 Statutes of Nevada, Page 2828 (Chapter 489, AB 462)ê

 

      (a) [Obtain] Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals , as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers , as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.

      2.  The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.

      4.  An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

      5.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 4.  NRS 244.281 is hereby amended to read as follows:

      244.281  Except as otherwise provided in this section and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.284, 244.287, 244.290, section 2.5 of this act , NRS 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less , except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:

      1.  When a board of county commissioners has determined by resolution that the sale or lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:

 


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adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:

      (a) Sell the property in the manner prescribed for the sale of real property in NRS 244.282.

      (b) Lease the property in the manner prescribed for the lease of real property in NRS 244.283.

      2.  Before the board of county commissioners may sell or lease any real property as provided in subsection 1, it shall:

      (a) Post copies of the resolution described in subsection 1 in three public places in the county; and

      (b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased in such a manner as to identify it;

             (2) The minimum price, if applicable, of the real property proposed to be sold or leased; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  [If] Except as otherwise provided in this subsection, if the board of county commissioners by its resolution further finds that the property to be sold or leased is worth more than $1,000, the board shall appoint two or more disinterested, competent real estate appraisers pursuant to NRS 244.2795 to appraise the property . [and, except] If the board of county commissioners holds a public hearing on the matter of the fair market value of the property, one disinterested, competent appraisal of the property is sufficient before selling or leasing it. Except for property acquired pursuant to NRS 371.047, the board of county commissioners shall not sell or lease it for less than the highest appraised value.

      4.  If the property is appraised at $1,000 or more, the board of county commissioners may:

      (a) Lease the property; or

      (b) Sell the property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.

      5.  A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:

      (a) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that:

             (1) The real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

 


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                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease; and

             (2) The sale will be in the best interest of the county.

      (b) [Another] The State or another governmental entity if:

             (1) The sale or lease restricts the use of the real property to a public use; and

             (2) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.

      6.  A board of county commissioners that disposes of real property pursuant to subsection 4 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      7.  If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the board of county commissioners must obtain a new appraisal of the real property pursuant to the provisions of NRS 244.2795 before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

      8.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      9.  As used in this section, “flood control facility” has the meaning ascribed to it in NRS 244.276.

      Sec. 5.  NRS 244.282 is hereby amended to read as follows:

      244.282  1.  Except as otherwise provided in NRS 244.279, before ordering the sale at auction of any real property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the property at auction. The resolution must:

      (a) Describe the property proposed to be sold in such a manner as to identify it.

      (b) Specify the minimum price and the terms upon which it will be sold.

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed bids will be received and considered.

      2.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

 


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ê2007 Statutes of Nevada, Page 2831 (Chapter 489, AB 462)ê

 

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.

      4.  Before accepting any written bid, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      5.  The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.

      6.  The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale.

      7.  Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a deed and to deliver it upon performance and compliance by the purchaser with all the terms or conditions of his contract which are to be performed concurrently therewith.

      8.  All money received from sales of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.

      9.  The board may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the board in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      10.  If real property is sold in violation of the provisions of this section:

 


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      (a) The sale is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale.

      Sec. 5.5.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body may lease real property to a nonprofit organization that:

      (a) Is recognized as exempt under section 501(c)(3) of the Internal Revenue Code;

      (b) Is affiliated by contract or other written agreement with the city; and

      (c) Provides to residents of the city or to other persons a service that the city would otherwise be required to expend money to provide,

Ê under such terms and for such consideration as the governing body determines reasonable based upon the costs and benefits to the city and the recommendation of any city officers who may be involved in approving the lease.

      2.  To lease real property pursuant to this section, the governing body must approve the lease and establish the recommended amount of rent to be received for the real property. The governing body shall render a decision on an application to lease real property pursuant to this section within 60 days after it receives the application.

      3.  In determining the amount of rent for the lease of real property pursuant to this section, consideration must be given to:

      (a) The amount the lessee is able to pay;

      (b) Whether the real property will be used by the lessee to perform a service of value to members of the general public;

      (c) Whether the service to be performed on the real property will be of assistance to any agency of the city; and

      (d) The expenses, if any, that the city is likely to incur to lease real property pursuant to this section in comparison to other potential uses of the real property.

      4.  The governing body may waive any fee for the consideration of an application submitted pursuant to this section.

      Sec. 6.  NRS 268.059 is hereby amended to read as follows:

      268.059  1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, section 5.5 of this act and NRS 278.479 to 278.4965, inclusive, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less , except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

 


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ê2007 Statutes of Nevada, Page 2833 (Chapter 489, AB 462)ê

 

      (a) [Obtain] Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals , as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers , as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

      2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

      5.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 7.  NRS 268.061 is hereby amended to read as follows:

      268.061  Except as otherwise provided in this section and NRS 268.063, 268.048 to 268.058, inclusive, section 5.5 of this act and NRS 278.479 to 278.4965, inclusive, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less , except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:

      1.  If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.

 


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ê2007 Statutes of Nevada, Page 2834 (Chapter 489, AB 462)ê

 

city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.

      2.  Before the governing body may sell or lease any real property as provided in subsection 1, it shall:

      (a) Post copies of the resolution described in subsection 1 in three public places in the city; and

      (b) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased in such a manner as to identify it;

             (2) The minimum price, if applicable, of the real property proposed to be sold or leased; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the [board] governing body shall , as applicable, conduct an appraisal or appraisals pursuant to NRS 268.059 to determine the value of the real property . [and, except] Except for real property acquired pursuant to NRS 371.047, the governing body shall not sell or lease it for less than the highest appraised value.

      4.  If the real property is appraised at $1,000 or more, the governing body may:

      (a) Lease the real property; or

      (b) Sell the real property for:

             (1) Cash; or

             (2) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.

      5.  A governing body may sell or lease any real property owned by the city without complying with the provisions of this section and NRS 268.059 and 268.062 to:

      (a) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that:

             (1) The real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; and

             (2) The sale or lease will be in the best interest of the city.

      (b) [Another] The State or another governmental entity if:

 


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ê2007 Statutes of Nevada, Page 2835 (Chapter 489, AB 462)ê

 

             (1) The sale or lease restricts the use of the real property to a public use; and

             (2) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.

      6.  A governing body that disposes of real property pursuant to subsection 5 is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      7.  If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

      8.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 8.  NRS 268.062 is hereby amended to read as follows:

      268.062  1.  Except as otherwise provided in this section and NRS 268.063, 268.048 to 268.058, inclusive, section 5.5 of this act [and] , NRS 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less , except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:

      (a) Describe the property proposed to be sold or leased in such a manner as to identify it;

      (b) Specify the minimum price and the terms upon which the property will be sold or leased; and

      (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.

 


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ê2007 Statutes of Nevada, Page 2836 (Chapter 489, AB 462)ê

 

      2.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

             (1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold or leased at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  At the time and place fixed in the resolution for the meeting of the [board,] governing body, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

      4.  Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      5.  The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 21 days next following.

      6.  The governing body may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.

      7.  Any resolution of acceptance of any bid made by the governing body must authorize and direct the chairman to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of his contract which are to be performed concurrently therewith.

      8.  The governing body may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the governing body in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

 


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ê2007 Statutes of Nevada, Page 2837 (Chapter 489, AB 462)ê

 

upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      9.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 9.  NRS 268.063 is hereby amended to read as follows:

      268.063  1.  A governing body may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:

      (a) Without first offering the real property to the public; and

      (b) For less than fair market value of the real property.

      2.  Before a governing body may sell, lease or otherwise dispose of real property pursuant to this section, the governing body must:

      (a) [Obtain] As applicable, obtain an appraisal or appraisals of the property pursuant to NRS 268.059; and

      (b) Adopt a resolution finding that it is in the best interests of the public to sell, lease or otherwise dispose of the property:

             (1) Without offering the property to the public; and

             (2) For less than fair market value of the real property.

      3.  If real property is sold, leased or otherwise disposed of in violation of the provisions of this section:

      (a) The sale, lease or other disposal is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale, lease or other disposal.

      4.  As used in this section:

      (a) “Economic development” means:

             (1) The establishment of new commercial enterprises or facilities within the city;

             (2) The support, retention or expansion of existing commercial enterprises or facilities within the city;

             (3) The establishment, retention or expansion of public, quasi-public or other facilities or operations within the city;

             (4) The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or

             (5) Any combination of the activities described in subparagraphs (1) to (4), inclusive,

Ê to create and retain opportunities for employment for the residents of the city.

      (b) “Redevelopment” has the meaning ascribed to it in NRS 279.408.

      Sec. 9.3.  NRS 277.053 is hereby amended to read as follows:

      277.053  A governing body of a political subdivision may convey real property to the State, any agency of the State, another political subdivision or an Indian tribe without charge if the property is to be used for a public purpose.

      Sec. 9.5.  NRS 371.047 is hereby amended to read as follows:

      371.047  1.  A county may use the proceeds of the tax imposed pursuant to NRS 371.045, or of bonds, notes or other obligations incurred to which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:

 


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ê2007 Statutes of Nevada, Page 2838 (Chapter 489, AB 462)ê

 

which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:

      (a) Purchase residential real property which shares a boundary with a highway with limited access or a project related to the construction of a highway with limited access, and which is adversely affected by the highway. Not more than 1 percent of the proceeds of the tax or of any bonds to which the proceeds of the tax are pledged may be used for this purpose.

      (b) Pay for the cost of moving persons whose primary residences are condemned for a right-of-way for a highway with limited access and who qualify for such payments. The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.

      2.  A county may, in accordance with NRS 244.265 to 244.296, inclusive, and section 2.5 of this act, dispose of any residential real property purchased pursuant to this section, and may reserve and except easements, rights or interests related thereto, including, but not limited to:

      (a) Abutter’s rights of light, view or air.

      (b) Easements of access to and from abutting land.

      (c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

      3.  Proceeds from the sale or lease of residential real property acquired pursuant to this section must be used for the purposes set forth in this section and in NRS 371.045.

      4.  For the purposes of this section, residential real property is adversely affected by a highway with limited access if the construction or proposed use of the highway:

      (a) Constitutes a taking of all or any part of the property, or interest therein;

      (b) Lowers the value of the property; or

      (c) Constitutes a nuisance.

      5.  As used in this section:

      (a) “Highway with limited access” means a divided highway for through traffic with full control of access and with grade separations at intersections.

      (b) “Primary residence” means a dwelling, whether owned or rented by the occupant, which is the sole principal place of residence of that occupant.

      (c) “Residential real property” means a lot or parcel of not more than 1.5 acres upon which a single-family or multifamily dwelling is located.

      Sec. 9.7.  NRS 495.040 is hereby amended to read as follows:

      495.040  1.  The boards of county commissioners of the respective counties of this state may lease real and personal property of their county for use and occupancy as airports, airport facilities or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding 99 years.

      2.  Before entering into any agreement for the lease of property as set forth in subsection 1, the board of county commissioners shall publish notice of its intention in a newspaper of general circulation published within the county at least once a week for 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the county, the board shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting is to be held, at which meeting any interested person may appear. No such lease or agreement may be entered into by the board until after the notice has been given and a meeting held as provided in this subsection.

 


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ê2007 Statutes of Nevada, Page 2839 (Chapter 489, AB 462)ê

 

agreement may be entered into by the board until after the notice has been given and a meeting held as provided in this subsection.

      3.  The provisions of NRS 244.281 and 496.080 do not apply to any lease entered into pursuant to this section by a board of county commissioners in a county whose population is less than 50,000.

      Sec. 10.  NRS 496.080 is hereby amended to read as follows:

      496.080  1.  Except as otherwise provided in subsection 2 or as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility, or other property, or portion thereof or interest therein, acquired pursuant to this chapter.

      2.  The disposal by sale, lease or otherwise must be:

      (a) [Made] Except as otherwise provided in subsection 3, made by public auction; and

      (b) In accordance with the laws of this State, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the State or Federal Government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality, and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.

      3.  A board of county commissioners of a county whose population is 50,000 or more may rent or lease to a person, or renew the rental or lease to a person of, a space for the parking or storage of aircraft, including, without limitation, a hangar, on the grounds of a municipal airport that is owned or operated by the county without conducting a public auction and at a price at least equal to the fair market rental or lease value of the space based on an independent appraisal conducted within 6 months before the rental or lease.

      Sec. 11.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 2840ê

 

CHAPTER 490, AB 418

Assembly Bill No. 418–Assemblymen Munford, Anderson, Arberry, Kihuen, Koivisto and Segerblom

 

CHAPTER 490

 

AN ACT relating to unarmed combat; removing references to wrestling in various statutes relating to unarmed combat; changing the appointing authority for the Medical Advisory Board from the Governor to the Nevada Athletic Commission; repealing the Medical Advisory Board effective July 1, 2009; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Sections 1-3 of this bill remove references to wrestling that are contained in various statutes relating to unarmed combat.

      Section 1.5 of this bill provides that the Nevada Athletic Commission, rather than the Governor, is authorized to appoint the members of the Medical Advisory Board, which recommends standards for the physical and mental examination of contestants, recommends physicians for licensing, advises the Nevada Athletic Commission as to the physical or mental fitness of a contestant and submits reports containing recommendations for revisions in the law to protect the health of contestants. (NRS 467.018) Section 4.5 of this bill repeals the provisions of NRS 467.0101, 467.012, 467.015 and 467.018 governing the creation, membership and duties of the Board effective July 1, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 467.0107 is hereby amended to read as follows:

      467.0107  “Unarmed combat” means boxing [, wrestling] or any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury.

      Sec. 1.5.  NRS 467.012 is hereby amended to read as follows:

      467.012  1.  The Medical Advisory Board consisting of five members to be appointed by the [Governor] Commission is hereby created.

      2.  The [Governor] Commission shall designate one of the members of the Board as its Chairman.

      3.  After the initial terms, [the Governor] the Commission shall appoint each member to a term of 4 years. If the position of a member is vacated, the [Governor] Commission shall appoint a qualified person to replace the member for the remainder of the unexpired term.

      Sec. 2.  NRS 467.108 is hereby amended to read as follows:

      467.108  1.  Except as otherwise provided in subsection 2, in addition to the payment of any other fees or taxes required by this chapter, a promoter shall pay to the Commission a fee of $1.00 for each ticket sold for admission to a live professional [boxing or wrestling] contest [, match or exhibition] of unarmed combat which is held in this State.

      2.  In lieu of the fee imposed pursuant to subsection 1, the Executive Director of the Commission may require a promoter to pay to the Commission a fee of $0.50 for each ticket sold for admission to a live professional [boxing or wrestling] contest [, match or exhibition] of unarmed combat which is held in this State if the gross receipts from admission fees to the contest [, match or exhibition] of unarmed combat are less than $500,000.

 


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ê2007 Statutes of Nevada, Page 2841 (Chapter 490, AB 418)ê

 

combat which is held in this State if the gross receipts from admission fees to the contest [, match or exhibition] of unarmed combat are less than $500,000.

      3.  The money collected pursuant to subsections 1 and 2 must be used by the Commission to award grants to organizations which promote amateur [boxing] contests or exhibitions of unarmed combat in this State.

      4.  The Commission shall adopt by regulation [the] :

      (a) The manner in which [:

      (a) The] the fees required by subsections 1 and 2 must be paid.

      (b) [Applications] The manner in which applications for grants may be submitted to the Commission . [and the]

      (c) The standards to be used to award grants to organizations which promote amateur [boxing] contests or exhibitions of unarmed combat in this State.

      Sec. 3.  NRS 467.135 is hereby amended to read as follows:

      467.135  1.  The Commission, its Executive Director or any other employee authorized by the Commission may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the Commission, Executive Director or other employee:

      (a) The contestant is not competing honestly or to the best of his skill and ability or the contestant otherwise violates any regulations adopted by the Commission or any of the provisions of this chapter, including, but not limited to, the provisions of subsection 1 of NRS 467.110; or

      (b) The manager or seconds violate any regulations adopted by the Commission or any of the provisions of this chapter, including, but not limited to, the provisions of subsection 1 of NRS 467.110.

      2.  [This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.

      3.]  Upon the withholding of any part of a purse or other money pursuant to this section, the Commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.

      [4.] 3.  If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the Commission. Subject to the provisions of subsection [5,] 4, the money must be deposited with the State Treasurer for credit to the State General Fund.

      [5.] 4.  Money turned over to the Commission pending final action in any matter must be credited to the Athletic Commission’s Agency Account and must remain in that Account until the Commission orders its disposition in accordance with the final action taken.

      Sec. 4.  (Deleted by amendment.)

      Sec. 4.3.  1.  The members of the Medical Advisory Board who are serving on the effective date of this act continue to serve until their terms expire. If the position of a member becomes vacant on or after the effective date of this act, the Nevada Athletic Commission shall appoint a qualified person to replace the member for the remainder of the unexpired term.

 


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ê2007 Statutes of Nevada, Page 2842 (Chapter 490, AB 418)ê

 

      2.  Notwithstanding the provisions of NRS 467.012, the Commission shall appoint to the Board three persons who are qualified pursuant to NRS 467.015 to serve terms commencing on July 1, 2007, and expiring on June 30, 2009.

      Sec. 4.5.  NRS 467.0101, 467.012, 467.015 and 467.018 are hereby repealed.

      Sec. 5.  1.  This section and sections 1 to 4.3, inclusive, of this act become effective upon passage and approval.

      2.  Section 4.5 of this act becomes effective on July 1, 2009.

________

 

CHAPTER 491, AB 445

Assembly Bill No. 445–Assemblymen Parks, Arberry, Claborn, Denis, Gerhardt, Hogan, Kihuen, Kirkpatrick, Manendo, Mortenson, Munford, Oceguera, Ohrenschall, Pierce, Segerblom and Womack (by request)

 

CHAPTER 491

 

AN ACT relating to the State Personnel System; providing that final decisions of the Employee-Management Committee are binding; authorizing the Committee or an employee to petition a court for enforcement of the Committee’s binding decisions; adding the occupational group of positions requiring certification by the Peace Officers’ Standards and Training Commission to the index of occupational groups in the classified service; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Employee-Management Committee performs various duties relating to the State Personnel System, including holding hearings and making final decisions for the adjustment of grievances. (NRS 284.073, 284.384) Unless the Budget Division of the Department of Administration determines that the resolution of a grievance by the Committee is not feasible based on its fiscal effects, section 2 of this bill provides that the decisions of the Committee are binding and authorizes the Committee or an employee to petition a court to enforce the Committee’s binding decisions.

      Existing law requires the Director of the Department of Personnel to prepare and maintain an index that categorizes all positions in the classified service of the State into broad occupational groups. (NRS 284.171) Section 1 of this bill adds the occupational group of positions requiring certification by the Peace Officers’ Standards and Training Commission to the index.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.171 is hereby amended to read as follows:

      284.171  For the purposes of NRS 353.205 and 353.224, the Director shall prepare and maintain an index which categorizes all positions in the classified service of the State into the following broad occupational groups:

      1.  Occupations in the fields of agriculture and conservation.

 


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ê2007 Statutes of Nevada, Page 2843 (Chapter 491, AB 445)ê

 

      2.  Clerical and related occupations.

      3.  Occupations relating to custodial and domestic services.

      4.  Occupations relating to library services.

      5.  Occupations in the field of education.

      6.  Engineering and allied occupations.

      7.  Occupations in fiscal management and related staff services.

      8.  Occupations relating to legal services.

      9.  Occupations in the mechanical and construction trades.

      10.  Occupations in the fields of medicine and health and related services.

      11.  Occupations in regulatory fields and in public safety.

      12.  Occupations in social services and rehabilitation.

      13.  Positions that require certification by the Peace Officers’ Standards and Training Commission pursuant to NRS 289.150 to 289.360, inclusive.

      14.  Other occupations.

      Sec. 2.  NRS 284.384 is hereby amended to read as follows:

      284.384  1.  The Commission shall adopt regulations which provide for the adjustment of grievances for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390. Any grievance for which a hearing is not provided by NRS 284.165, 284.245, 284.3629, 284.376 or 284.390 is subject to adjustment pursuant to this section.

      2.  The regulations must provide procedures for:

      (a) Consideration and adjustment of the grievance within the agency in which it arose.

      (b) Submission to the Employee-Management Committee for a final decision if the employee is still dissatisfied with the resolution of the dispute.

      3.  The regulations must include provisions for:

      (a) Submitting each proposed resolution of a dispute which has a fiscal effect to the Budget Division of the Department of Administration for a determination by that Division whether the resolution is feasible on the basis of its fiscal effects; and

      (b) Making the resolution binding.

      4.  Any grievance which is subject to adjustment pursuant to this section may be appealed to the Employee-Management Committee for a final decision. Except as otherwise provided in subsection 3, a final decision of the Employee-Management Committee is binding. The Committee or an employee may petition a court of competent jurisdiction for enforcement of the Committee’s binding decisions.

      5.  The employee may represent himself at any hearing regarding a grievance which is subject to adjustment pursuant to this section or be represented by an attorney or other person of the employee’s own choosing.

      6.  As used in this section, “grievance” means an act, omission or occurrence which an employee who has attained permanent status feels constitutes an injustice relating to any condition arising out of the relationship between an employer and an employee, including, but not limited to, compensation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or disagreement.

      Sec. 3.  (Deleted by amendment.)

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ê2007 Statutes of Nevada, Page 2844ê

 

CHAPTER 492, AB 440

Assembly Bill No. 440–Assemblymen Conklin, Buckley and Oceguera

 

CHAPTER 492

 

AN ACT relating to financial transactions; revising consumer credit protections for members of the military; revising provisions governing civil actions brought against certain borrowers who engage in fraudulent conduct; prohibiting a person from engaging in certain conduct with the intent to defraud a participant in a mortgage lending transaction; prohibiting certain conduct by a foreclosure consultant; providing an administrative penalty for certain conduct by a foreclosure consultant; providing a civil cause of action against a foreclosure consultant under certain circumstances; prohibiting a foreclosure purchaser from engaging in certain fraudulent conduct; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 13, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, it is an unfair lending practice for a lender to knowingly or intentionally make a home loan to a borrower based solely on the borrower’s equity in the home property and without determining that the borrower has the ability to repay the home loan from income or other assets. (NRS 598D.100) Section 2 of this bill revises this provision to remove the requirement that the lender based the home loan solely on the borrower’s equity. Section 2 also clarifies that the provision applies to a low-document, no-document or stated-document home loan, other than a reverse mortgage, if the loan is made without determining, using any commercially reasonable means or mechanism, the borrower’s ability to repay the loan.

      Existing federal law imposes limitations on the terms of consumer credit that is extended to members of the Armed Forces of the United States who are on active duty and their dependents, including, without limitation, a prohibition against a lender imposing an interest rate greater than 36 percent. The federal law preempts any state law that is inconsistent with the federal law. (Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364) Section 2.2 of this bill provides that any violation of the federal law shall be deemed to be a violation of chapter 604A of NRS, thereby making violators subject to the remedies and penalties set forth in that chapter, including the imposition of an administrative fine of not more than $10,000 for each violation, the revocation or suspension of a license issued pursuant to that chapter and civil actions for damages. (NRS 604A.820, 604A.930) Section 22 of this bill provides that any violation of the federal law shall be deemed to be a violation of chapter 675 of NRS, thereby making violators subject to the remedies and penalties set forth in that chapter, including the imposition of an administrative fine of not more than $10,000 for each violation and the revocation or suspension of a license issued pursuant to that chapter. (NRS 675.440)

      Existing law authorizes parties to agree to any rate of interest on money due pursuant to a contract. (NRS 99.050) Section 2.9 of this bill provides an exception to this provision for agreements which are subject to the federal law discussed above which limits the interest rate on such agreements to 36 percent.

 


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ê2007 Statutes of Nevada, Page 2845 (Chapter 492, AB 440)ê

 

      Existing law provides certain practices that must be followed by a person licensed to operate a check-cashing service, deferred deposit loan service, short-term loan service or title loan service pursuant to chapter 604A of NRS when dealing with a customer who is called to active duty in the military. (NRS 604A.420) Section 2.4 of this bill revises this list of practices and provides that the provision applies to any customer who is a member of the military. Section 23 of this bill sets forth a new provision which is identical to section 2.4 for persons who are licensed pursuant to chapter 675 of NRS to make loans.

      Existing law provides remedies for a financial institution that relied on certain fraudulent conduct of a borrower who engaged in the conduct to obtain certain loans secured by a lien on real property. (NRS 40.750) Section 2.8 of this bill provides that these remedies are available to other lenders as well. Existing law authorizes a financial institution to commence an action against a borrower who engaged in such fraudulent conduct within 3 years after discovering the fraudulent conduct. (NRS 11.190) Section 2.7 of this bill provides that this period of limitation applies to other lenders as well.

      Section 3 of this bill establishes the crime of mortgage lending fraud, which is a category C felony. Section 3 also provides that a person who engages in a pattern of mortgage lending fraud is guilty of a category B felony. Furthermore, under section 3, if a lender is convicted of mortgage lending fraud, the borrower in the transaction involving the mortgage lending fraud may rescind the transaction within 6 months after the date of the conviction. Chapters 645B and 645E of NRS govern mortgage brokers and mortgage agents and mortgage bankers, respectively.

      Sections 7-20 of this bill establish specific rights and duties concerning foreclosure consultants and foreclosure purchasers. Section 9 defines a foreclosure consultant as a person who promises to perform, for compensation, various services for a homeowner whose residence is in foreclosure that the foreclosure consultant represents will assist the homeowner to, for example, postpone or prevent a foreclosure sale, obtain an extension of time to repay his mortgage loan, obtain an alternative loan or mortgage, file documents with a bankruptcy court or repair the homeowner’s credit after foreclosure. Section 16 prohibits a foreclosure consultant from claiming or receiving any compensation from a homeowner until after the consultant has fully performed all the services he promised to perform and prohibits other conduct relating to his compensation. Section 16 also prohibits a foreclosure consultant from acquiring any interest in the residence of the homeowner. Section 17 authorizes the Commissioner of Mortgage Lending to impose an administrative penalty of not more than $10,000 on a foreclosure consultant who violates any provision of section 16. Section 18 creates a civil cause of action against a foreclosure consultant for a homeowner who is injured as a result of a foreclosure consultant’s violation of any provision of section 16. If the homeowner prevails in his action against the foreclosure consultant, the court may award him his actual damages, punitive damages of at least 1 1/2 times his actual damages, his attorney’s fees and costs of bringing the action.

      Section 10 of this bill defines a foreclosure purchaser as a person who engages in the business of acquiring residences that are in foreclosure from their owners. Section 19 of this bill provides that a foreclosure purchaser who engages in conduct that defrauds or deceives a homeowner whose residence is in foreclosure is guilty of a gross misdemeanor. Section 19.5 of this bill provides that if a foreclosure purchaser engages in conduct that defrauds or deceives a homeowner whose residence is in foreclosure, the homeowner may rescind the transaction in which the foreclosure purchaser acquired the residence of the homeowner. Section 19.5 further provides the procedures a homeowner must follow to rescind the transaction and prevents a homeowner from rescinding a transaction if the foreclosure purchaser has transferred an interest in the property to a bona fide purchaser.

 


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ê2007 Statutes of Nevada, Page 2846 (Chapter 492, AB 440)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 598D.040 is hereby amended to read as follows:

      598D.040  “Home loan” means a consumer credit transaction that [:

      1.  Is] is secured by a mortgage loan which involves real property located within this State [; and

      2.  Constitutes] and includes, without limitation, a consumer credit transaction that constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

      Sec. 2.  NRS 598D.100 is hereby amended to read as follows:

      598D.100  1.  It is an unfair lending practice for a lender to:

      (a) Require a borrower, as a condition of obtaining or maintaining a home loan secured by home property, to provide property insurance on improvements to home property in an amount that exceeds the reasonable replacement value of the improvements.

      (b) Knowingly or intentionally make a home loan , other than a reverse mortgage, to a borrower [based] , including, without limitation, a low-document home loan, no-document home loan or stated-document home loan [solely upon the equity of the borrower in the home property and without] , without determining , using any commercially reasonable means or mechanism, that the borrower has the ability to repay the home loan . [from other assets, including, without limitation, income.]

      (c) Finance a prepayment fee or penalty in connection with the refinancing by the original borrower of a home loan owned by the lender or an affiliate of the lender.

      (d) Finance, directly or indirectly in connection with a home loan, any credit insurance.

      2.  As used in this section:

      (a) “Credit insurance” has the meaning ascribed to it in NRS 690A.015.

      (b) “Low-document home loan” means a home loan:

             (1) Whose terms allow a borrower to establish his ability to repay the home loan by providing only limited verification of his income and other assets; or

             (2) Which is evidenced only by a deed transferring some or all of the interest of the borrower in the home property to the creditor.

      (c) “No-document home loan” means a home loan whose terms allow a borrower to establish his ability to repay the home loan without providing any verification of his income and other assets.

      (d) “Prepayment fee or penalty” means any fee or penalty imposed by a lender if a borrower repays the balance of a loan or otherwise makes a payment on a loan before the regularly scheduled time for repayment.

      (e) “Stated-document home loan” means a home loan whose terms allow a borrower to establish his ability to repay the home loan by providing only his own statement of verification of his income and other assets.

 

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