(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT


Assembly Bill No. 456-Committee on Judiciary

(On Behalf of the Department of Transportation)

May 6, 1997
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Referred to Committee on Judiciary

SUMMARY--Provides additional penalty for violation of speed limit in area designated as temporary traffic control zone for construction, maintenance or repair of highway. (BDR 43-441)

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 traffic laws; providing an additional penalty for a violation of a speed limit in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit:
(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,
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.
2. The penalty imposed for the primary offense and the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of work for the benefit of the community.
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 which states that a double penalty will be imposed upon a person who is convicted of violating the speed limit within the temporary traffic control zone;
(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.
Sec. 2 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 3 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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