Assembly Bill No. 176-Assemblymen Cegavske, Lee, Hettrick, Ernaut, Gustavson, Chowning, Sandoval, Collins, Price, Amodei, Buckley, Manendo, Berman, Hickey, Von Tobel, Ohrenschall, Evans, Krenzer, Nolan, Koivisto, Anderson Marvel, Tiffany, Mortenson, Parks, Lambert, Goldwater, Herrera, Giunchigliani, Humke, Segerblom, Neighbors, Perkins, Braunlin, Freeman, Bache, Close, Carpenter and de Braga
February 18, 1997
____________
Referred to Committee on Transportation
SUMMARY--Makes various changes concerning driver's license of person under age of 18 years. (BDR 5-728)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to juveniles; requiring the suspension of the driver's license of a child who is found guilty of a certain criminal activity involving a controlled substance or alcohol; requiring a child to complete an educational program on the abuse of controlled substances and alcoholic beverages before he is issued a driver's license; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1 Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 1. Except as otherwise provided in subsection 3 and NRS 62.227, whenever a child is found to have committed the unlawful act of:
(a) Using, possessing, selling or distributing a controlled substance; or
(b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall, if the child possesses a driver's license, issue an order suspending the driver's license of the child for at least 90 days but not more than 2 years. The judge shall require the child to surrender his driver's license to the court.
2. If the child does not possess a driver's license and the child is or will be eligible to receive a driver's license within the 2 years immediately following the date of the order, the judge, or his authorized representative, shall issue an order prohibiting the child from receiving a driver's license for a period specified by the court which must be at least 90 days but not more than 2 years:
(a) Immediately following the date of the order, if the child is eligible to receive a driver's license; or
(b) After the date the child will be eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.
3. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
Sec. 3 1. When a court issues an order pursuant to NRS 62.226, 62.228 or section 2 of this act, it shall forward to the department of motor vehicles and public safety a copy of the order and the driver's license of the child who is the subject of the order within 5 days after issuing the order.
2. The department of motor vehicles and public safety:
(a) Shall not treat such an unlawful act set forth in NRS 62.226, 62.228 or section 2 of this act in the manner statutorily required for moving traffic violations.
(b) Shall report the suspension of a driver's license pursuant to NRS 62.226, 62.228 or section 2 of this act to an insurance company or its agent inquiring about the driving record of the child, but such a suspension must not be considered for the purpose of rating or underwriting.
(c) Shall not require a child whose driver's license was suspended pursuant to NRS 62.226, 62.227 or section 2 of this act to submit to the tests and other requirements that are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license, unless the suspension also resulted from his poor performance as a driver.
Sec. 4. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from [applying for] receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to [apply for] receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to [apply for] receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 5. NRS 62.226 is hereby amended to read as follows:
62.226 1. Except as otherwise provided in subsection 3 and NRS 62.227, whenever [any] a child is found to have committed the unlawful act of [:
(a) Using, possessing, selling or distributing a controlled substance;
(b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020; or
(c) Placing] placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or 206.330, the judge, or his authorized representative, may, if the child possesses a driver's license, issue an order suspending the [child's] driver's license of the child for at least 90 days but not more than 2 years. If such an order is issued, the judge shall require the child to surrender his driver's license to the court . [all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.]
2. If the child does not possess a driver's license and the child is or will be eligible to [apply for] receive a driver's license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a driver's license for a period specified by the court [but not to exceed] which must be at least 90 days but not more than 2 years:
(a) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver's license.
(b) After the date the child will be eligible to [apply for] receive a driver's license, if the child is not eligible to [apply for] receive a license on the date of the order.
[The court shall, within 5 days after issuing the order, forward to the department a copy of the order.]
3. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
[4. The department of motor vehicles and public safety:
(a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.
(b) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record but such a suspension must not be considered for the purpose of rating or underwriting.
(c) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.]
Sec. 6. NRS 62.2275 is hereby amended to read as follows:
62.22751. If a child within the jurisdiction of the juvenile court is found by the juvenile court to have committed the unlawful act of [driving] :
(a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795 [,] ;
(b) Using, possessing, selling or distributing a controlled substance; or
(c) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation [by an evaluation center] to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section [must] :
(a) Must be conducted [at an evaluation center by:
(a)] by:
(1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;
[(b)] (2) A physician certified to make that classification by the board of medical examiners; or
[(c)] (3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge [may:] shall:
(a) Order the child to undergo a program of treatment as recommended by the [evaluation center.] person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all of those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by [an evaluation center that is administered] a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse . [; or] Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver's record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.
(c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.
Sec. 7. NRS 62.228 is hereby amended to read as follows:
62.228 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:
(a) For the first offense:
(1) Require him to perform 100 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for not more than 1 year or, if he does not possess a driver's license, prohibit the child from [applying for] receiving a driver's license for not more than 1 year:
(I) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver's license.
(II) After the date he becomes eligible to [apply for] receive a driver's license, if the child is not eligible to [apply for] receive a license on the date of the order.
(b) For the second offense:
(1) Require him to perform at least 100 hours, but not more than 250 hours , of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for at least 90 days but not more than 2 years or, if he does not possess a driver's license, prohibit the child from [applying for] receiving a driver's license for at least 90 days but not more than 2 years:
(I) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver's license.
(II) After the date he becomes eligible to [apply for] receive a driver's license, if the child is not eligible to [apply for] receive a license on the date of the order.
2. If the court issues an order suspending the driver's license of a child pursuant to this section, the judge shall require the child to surrender his driver's license to the court . [all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
3. If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
4.] 3. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.
[5. The department of motor vehicles and public safety:
(a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(b) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section, unless the suspension also resulted from his poor performance as a driver.]
Sec. 8. NRS 62.229 is hereby amended to read as follows:
62.229 In addition to the options set forth in NRS 62.211 and 62.213 and the requirements of NRS 62.228, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall order that any license to hunt issued to the child pursuant to chapter 502 of NRS must be revoked by the division of wildlife of the state department of conservation and natural resources and that the child shall not [apply for] receive a license to hunt within the 2 years following the date of the order or until he is 18 years of age, whichever is later. The judge shall require the child to surrender to the court any license to hunt then held by the child. The court shall, within 5 days after issuing the order, forward to the division of wildlife any license to hunt surrendered by the child, together with a copy of the order.
Sec. 9. NRS 62.385 is hereby amended to read as follows:
62.385 1. When a child applies for a driver's license, the department of motor vehicles and public safety shall notify the child of the provisions of paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 and 62.228 [.] and sections 2 and 3 of this act.
2. After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his driver's license may be suspended or revoked pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 [.] or section 2 of this act.
Sec. 10. NRS 458.420 is hereby amended to read as follows:
458.420 The commission shall:
1. Develop and coordinate a state master plan which must include:
(a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;
(b) A summary of the current activities of the commission;
(c) The goals and objectives of the commission;
(d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.
2. Prepare and deliver to the governor on or before September 1 of each year a report which summarizes the status of the state master plan and of the [commission's] efforts of the commission to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout the state as necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.
5. Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
6. Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.
7. Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.
8. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
9. Disseminate information concerning the provisions of NRS 62.226 and 62.227 and sections 2 and 3 of this act with the assistance of the department of human resources, the department of motor vehicles and public safety and the superintendent of public instruction.
Sec. 11. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person who is at least 16 years of age, but less than 18 years of age, who has not completed an educational program approved by the department on the abuse of controlled substances and alcoholic beverages.
3. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
[3.] 4. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
[4.] 5. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
[5.] 6. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
[6.] 7. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
[7.] 8. To any person who is not a resident of this state.
[8.] 9. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228 or section 2 of this act which delays his privilege to drive.
[9.] 10. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
Sec. 12. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by 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:
(a) For a period of 3 years if the offense is:
(1) A violation of [NRS 484.3795 or] subsection 2 of NRS 484.377 or NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter 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 under 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 under NRS 483.010 to 483.630, inclusive, or under 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 second violation within 7 years of NRS 484.379 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 first violation within 7 years of NRS 484.379.
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.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 , the department shall reduce by 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 of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of this act, ordered the suspension or delay in issuance of a child's license;
(b) Pursuant to NRS 206.330, ordered the suspension or delay in issuance of a person's license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a child's license,
the department shall take such actions as are necessary to carry out the court's order.
Sec. 13. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in subsections 2 and 3, after a driver's license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a driver's license has been revoked pursuant to subsection 1 of NRS 62.227 or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or 62.228, or section 2 of this act, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. After a driver's license has been suspended pursuant to NRS 483.443, the department may issue a restricted driver's license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both;
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or a homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided [by] pursuant to subsection 2 of NRS 483.560.
5. The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
6. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 14 NRS 483.495 is hereby amended to read as follows:
483.495 The department shall by regulation:
1. Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211, [subsection 4 of NRS 62.226,] NRS 62.227 and [subsection 5 of NRS 62.228,] section 3 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of [a person's ability] the ability of a person to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 15 NRS 483.580 is hereby amended to read as follows:
483.580 A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is revoked or suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226, 62.227 or 62.228 [.] or section 2 of this act.
Sec. 16. Section 5 of Assembly Bill No. 22 of this session is hereby amended to read as follows:
Sec. 5. NRS 62.228 is hereby amended to read as follows:
62.228 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:
(a) For the first offense:
(1) Require him to perform [100] 200 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for not more than 1 year or, if he does not possess a driver's license, prohibit the child from receiving a driver's license for not more than 1 year:
(I) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(II) After the date he becomes eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.
(b) For the second offense:
(1) Require him to perform at least [100] 200 hours, but not more than [250] 600 hours, of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his driver's license for at least 90 days but not more than 2 years or, if he does not possess a driver's license, prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(I) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(II) After the date he becomes eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.
2. If the court issues an order suspending the driver's license of a child pursuant to this section, the judge shall require the child to surrender his driver's license to the court.
3. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.
Sec. 17. This act becomes effective on July 1, 1997.