Senate Bill No. 86–Committee on Human
Resources and Facilities

 

(On Behalf of the Nevada Sheriffs
and Chiefs Association)

 

February 11, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes to manner in which intoxicated person who is taken into custody by peace officer is transported for purposes of receiving emergency medical services. (BDR 40‑316)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public safety; making various changes to the manner in which an intoxicated person who is taken into custody by a peace officer is transported for purposes of receiving emergency medical services; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 458.270 is hereby amended to read as follows:

1-2  458.270  1.  Except as otherwise provided in subsection 7, a

1-3  person who is found in any public place under the influence of

1-4  alcohol, in such a condition that he is unable to exercise care for his

1-5  health or safety or the health or safety of other persons, must be

1-6  placed under civil protective custody by a peace officer.

1-7  2.  A peace officer may use upon such a person the kind and

1-8  degree of force which would be lawful if he were effecting an arrest

1-9  for a misdemeanor with a warrant.

1-10      3.  If a licensed facility for the treatment of persons who abuse

1-11  alcohol exists in the community where the person is found, he must

2-1  be delivered to the facility for observation and care. If no such

2-2  facility exists in the community, the person so found may be placed

2-3  in a county or city jail or detention facility for shelter or supervision

2-4  for his health and safety until he is no longer under the influence of

2-5  alcohol. He may not be required against his will to remain in a

2-6  licensed facility, jail or detention facility longer than 48 hours.

2-7  4.  [An] If an intoxicated person is taken into custody by a

2-8  peace officer for a public offense [must immediately be taken] , the

2-9  officer shall immediately contact a provider of emergency medical

2-10  services to transport the person to a secure detoxification unit or

2-11  other appropriate medical facility if his condition appears to require

2-12  emergency medical treatment. If a provider of emergency medical

2-13  services is not available to transport the intoxicated person, the

2-14  peace officer shall immediately transport the person. Upon release

2-15  from the detoxification unit or medical facility, the person must

2-16  immediately be remanded to the custody of the apprehending peace

2-17  officer and the criminal proceedings proceed as prescribed by law.

2-18      5.  The placement of a person found under the influence of

2-19  alcohol in civil protective custody must be:

2-20      (a) Recorded at the facility, jail or detention facility to which he

2-21  is delivered; and

2-22      (b) Communicated at the earliest practical time to his family or

2-23  next of kin if they can be located.

2-24      6.  Every peace officer and other public employee or agency

2-25  acting pursuant to this section is performing a discretionary function

2-26  or duty.

2-27      7.  The provisions of this section do not apply to a person who

2-28  is apprehended or arrested for:

2-29      (a) A civil or administrative violation for which intoxication is

2-30  an element of the violation pursuant to the provisions of a specific

2-31  statute or regulation;

2-32      (b) A criminal offense for which intoxication is an element of

2-33  the offense pursuant to the provisions of a specific statute or

2-34  regulation;

2-35      (c) A homicide resulting from driving, operating or being in

2-36  actual physical control of a vehicle or a vessel under power or sail

2-37  while under the influence of intoxicating liquor or a controlled

2-38  substance or resulting from any other conduct prohibited by NRS

2-39  484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or

2-40  488.420; and

2-41      (d) Any offense or violation which is similar to an offense or

2-42  violation described in paragraph (a), (b) or (c) and which is set forth

2-43  in an ordinance or resolution of a county, city or town.

 

2-44  H