AB 135 — Revises provisions relating to prohibited acts concerning the use of marijuana and the operation of a vehicle or vessel. (BDR 43-598)

(c) Except as otherwise provided in NRS 484C.200, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

- *AB135_R1*79th Session (2017) – 8 – [8.] 9.

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine;

(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;sub(e) 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 the person incapable of safely driving or exercising actual physical control of a vehicle;

(e)or Inhales,(f) ingests,Has appliesa prohibited substance in his or otherwiseher usesblood anyor chemical,urine poison, as applicable, in an amount that is equal to or organicgreater solvent,than the amount set forth in subsection 3 or 4 of NRS 484C.110, ¬ and does any compoundact or combinationneglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of these,this toState, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a degreecategory whichB rendersfelony and shall be punished by imprisonment in the personstate incapableprison for a minimum term of safelynot drivingless orthan exercising2 actualyears physicaland controla maximum term of not more than 20 years and must be further - 79th Session (2017) – 9 – punished by a vehicle;fine of not less than $2,000 nor more than $5,000.

orA (f)person Hasso aimprisoned prohibitedmust, substanceinsofar inas hispracticable, orbe hersegregated bloodfrom oroffenders urinewhose ,crimes aswere applicable,violent inand, aninsofar amountas thatpracticable, isbe equalassigned to oran greaterinstitution than the amount set forth in subsection 3 or 4facility of NRSminimum 484C.110,sec2.ityA ¬prosecuting andattorney doesshall anynot actdismiss ora neglectscharge any duty imposed by law while driving or in actual physical control of anyviolating vehicle on or off the highwaysprovisions of thissubsection State,1 ifin theexchange actfor ora neglectplea of dutyguilty, proximatelyguilty causesbut thementally deathill of, or substantialnolo bodilycontendere harmto to, another person, is guilty of a categorylesser Bcharge felonyor andfor shallany beother punishedreason byunless imprisonment in the stateattorney prisonknows foror ait minimumis termobvious ofthat notthe lesscharge thanis 2 years and a maximum term of not moresupported thanby 20probable yearscause andor mustcannot be furtherproved punishedat bythe atime fine of nottrial. less than $2,000 nor more than $5,000.

A person so imprisoned must, insofar as practicable, be segregated - *AB135_R1* – 9 – from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

2.

A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

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.

as an aggravating factor in determining Sec.

- 79th Session (2017) – 10 – (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 the person incapable of safely - *AB135_R1* – 10 – operating or exercising actual physical control of a vessel under power or sail, ¬ to operate or be in actual physical control of a vessel under power or sail on the waters of this State.

It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of [a] any of the following prohibitedprohibiteders of this [substance] substances in his or her blood or urine that is equal to or greater than:

Blood Nanograms Prohibited substance per milliliter (a) Marijuana (delta-9-tetrahydrocannabinol) 2 (b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 - 79th Session (2017) – 11 – 5.

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 operating or being in actual physical control of the vessel, and before his or her blood was tested, to cause the defendant to have a concentration of 0.08 or more of alcohol in his - *AB135_R1* – 11 – or her blood or breath.

(e) 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 the person incapable of safely operating or being in actual physical control of a vessel under power or sail;

A person so imprisoned must, insofar as practicable, be segregated - 79th Session (2017) – 12 – from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot - *AB135_R1* – 12 – be proved at the time of trial.

(a)power Operates or issail inon actualthe physicalwaters controlof this State and:ol of a vessel under power(1) orIs sailunder on the watersinfluence of thisintoxicating Stateliquor; and:

(1) Is under the influence of intoxicating liquor;

(5) 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 the person incapable of safely - 79th Session (2017) – 13 – operating or exercising actual physical control of a vessel under power or sail;

or (6) Has a prohibited substance in his or her blood or urine , as applicable, in an amount that is equal to or greater than the amountamo(b) setProximately forthcauses inthe subsectiondeath 3of another person while operating or 4in actual physical control of NRSa 488.410;vessel under power or sail;

(b) Proximately causes the death of another person while operating or in actual physical control of a vessel under power or sail;

- *AB135_R1* – 13 – 2.

If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed aa3) of sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath.

If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

- 79th Session (2017) – 14 – 7.

(b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420;

ororther conduct (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).

Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to - *AB135_R1* – 14 – have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her 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 request of a peace officer having reasonable grounds to believe that the person to be tested was:

3.condition requiring the use of an anticoagulant as determined by at 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.

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.

(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, the person must pay for the cost of the blood test, including the fees and expenses of - 79th Session (2017) – 15 – witnesses whose testimony in court is necessary because of the use of the blood test.

(1) Fifty dollars for travel to and from the place of the proceeding;proceed(2) One hundred dollars for giving or waiting to give testimony.

and (2) One hundred dollars for giving or waiting to give testimony.

[If] Except as otherwise provided in subsection 6, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the - *AB135_R1* – 15 – person is in issue, the officer may request that the person submit to a blood or urine test, or both.

(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her bloodblo(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or urine;488.425, ¬ the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

or (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425, ¬ the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

- 79th Session (2017) – 16 – (b) Exclude the adverse party from the applicant’s place of residence;

(c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and orderfrequented theregularly adverseby partythem;ay to stay away from any specified place frequented(d) regularlyIf byit them;has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

and - *AB135_R1* – 16 – (g) Order such other relief as it deems necessary in an emergency situation.

(2)applicant’s Payplace rentof orresidence;ments make payments on a mortgage on the applicant’s(3) placePay for the support of residence;the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159 of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

(3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159 of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, - 79th Session (2017) – 17 – modify or vacate the order in question.

A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment ofofare the applicant or minor child are located.

- *AB135_R1* – 17 – (1) A concentration of alcohol of 0.08 or more in the person’s blood or breath;

A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for committing a battery that constitutes domestic violence pursuant to NRS 33.018, unless the peace officer or probation officer who has taken the child into custody determines that the child does not otherwise meet the criteria for secure det(a) Respite care or another out-of-home alternative to secure detention and:is available for the child;

(a) Respite care or another out-of-home alternative to secure detention is available for the child;

A child must not be released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought - 79th Session (2017) – 18 – pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or for violating a temporary or extended order for protection against sexual assault issuediss(a) pursuantThe topeace NRSofficer 200.378or and:probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm;

(a) The peace officer or probation officer who has taken the child into custody determines that such a violation is accompanied by a direct or indirect threat of harm;

- *AB135_R1* – 18 – 3.

A restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence which is issued in an action or proceeding brought pursuant to this title must provide notice that a person who is arrested for violating the order or injunction will not be admitted to bail sooner than 12 hours after the person’s arrest if:

be admitted (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against - 79th Session (2017) – 19 – domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

171.1225a 1.peace officer shall:n investigating an act of domestic violence, (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

When investigating an act of domestic violence, a peace officer shall:

(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

(2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you - *AB135_R1* – 19 – are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.

I can provideperson youwho withcommitted informationthe battery may be placed on thisprobation,, procedure.the ordered to see a counselor, put in jail or fined.

If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

- 79th Session (2017) – 20 – (IV) Stay away from the school attended by your children;

(II) Pay the amount of money necessary for the support of your children;child(III) Pay part or all of the costs incurred by you in obtaining the order for protection;

(III)and Pay(IV) partComply orwith allthe ofarrangements specified for the costspossession incurredand care of any animal owned or kept by you inor obtainingyour children or by the orderperson forwho protection;committed or threatened the act or his or her children.

and - *AB135_R1* – 20 – (IV) Comply with the arrangements specified for the possession and care of any animal owned or kept by you or your children or by the person who committed or threatened the act or his or her children.

(II) The person has previously violated a temporary or extended ordero(III) forAt protection;the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine , as applicable, that is equal - 79th Session (2017) – 21 – to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110, ¬ the person will not be admitted to bail sooner than 12 hours after arrest.

orcontacting (III)your Atlocal theprogram timeagainst ofdomestic theviolence violationatby or......................... within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110, ¬ the person will not be admitted to bail sooner than 12 hours after arrest.

(9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at .........................

- *AB135_R1* – 21 – (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

(4) A sexual assault.

- 79th Session (2017) – 22 – (b) “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.

Sec.178.484.

14.1.

NRS 178.484 is hereby amended to read as follows:

178.484 1.

- *AB135_R1* – 22 – 4.

A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so inineat the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who - 79th Session (2017) – 23 – is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or 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 the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on the person’s own recognizance sooner than 12 hours after arrest.

or (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested - *AB135_R1* – 23 – resulted in substantial bodily harm or was committed bybyarrested strangulation;

¬ The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount - 79th Session (2017) – 24 – of bail.

For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violatingsimilar aconduct.of law of any other jurisdiction that prohibits the same or similar8. conduct.

8.

or (2) An amount of a prohibited substance in the person’s blood or urine , as applicable, that is equal to or greater than the amountamo9.t setsIf fortha inperson is admitted to bail more than 12 hours after arrest, pursuant to subsection 38, without appearing personally before a magistrate or 4without the amount of NRSbail 484C.110.having been otherwise set by a magistrate or a court, the amount of bail must be:

9.(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a - 79th Session (2017) – 25 – temporary or extended order for protection against sexual assault pur(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

Ifor a(c) personFifteen isthousand admitteddollars, toif bailthe person has two or more thanprevious 12convictions hoursof afterviolating arrest,a pursuanttemporary toor subsectionextended 8,order withoutfor appearingprotection personallyagainst beforedomestic -violence *AB135_R1*issued –pursuant 24to –NRS 33.017 to 33.100, inclusive, or of violating a magistraterestraining order or withoutinjunction that is in the amountnature of baila havingtemporary beenor otherwiseextended setorder byfor aprotection magistrateagainst domestic violence issued in an action or aproceeding court,brought theorder amountfor protection against stalking, aggravated stalking orxtended harassment issued pursuant to NRS 200.591, or of bailviolating musta be:temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

or (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an - *AB135_R1* – 25 – action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

- 79th Session (2017) – 26 – 10.

Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if the officercondition hasof probablebail.le cause to believe that the person has violated a condition14. of bail.

14.

and - *AB135_R1* – 26 – (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

- 79th Session (2017) – 27 – 15.

16.injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

(c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

- *AB135_R1* – 27 – (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged sexual assault and any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged sexual assault.

- 79th Session (2017) – 28 – (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged sexual assault or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of thethe3.lleA allegedtemporary sexualorder assault.may be granted with or without notice to the adverse party.

3.

A temporary order may be granted with or without notice to the adverse party.

(2) Is a gross misdemeanor if the order is a temporary order.

- *AB135_R1* – 28 – (1) A concentration of alcohol of 0.08 or more in his or her blood or breath;

or - 79th Session (2017) – 29 – (2) An amount of a prohibited substance in his or her blood or urine , as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

200.591a 1.person who reasonably believes that the crime of stalking, law, aggravated stalking or harassment is being committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

In addition to any other remedy provided by law, a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him or her by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any otherotherf location specifically named by the court.

- *AB135_R1*79th Session (2017) – 2930 – (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure;

4.interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question.

If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question.

(a) The arresting officer determines that such a violation is accompaniedacc(b) byThe person has previously violated a directtemporary or indirectextended threatorder offor harm;protection;

(b) The person has previously violated a temporary or extended order for protection;

- 79th Session (2017) – 31 – (a) Caused by the employee’s willful intention to injure himself or herself.

- *AB135_R1* – 30 – (c) That occurred while the employee was in a state of intoxication, unless the employee can prove by clear and convincing evidence that his or her state of intoxication was not the proximate cause of the injury.

If the affidavit or declarationprescribed isin toNRS be616C.355.d, so used, it must be submitted in the manner prescribed(b) inWhen NRSan 616C.355.examination requested or ordered includes testing for the use of alcohol or a controlled or prohibited substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.

(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled or prohibited substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.

No compensation is payable for the death, disability or treatment of an employee if the employee’s death is caused by, or insofar as the employee’s disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to - 79th Session (2017) – 32 – follow any competent and reasonable surgical treatment or medical aid.

If any employee persists in an unsanitary or injurious practice that imperils or retards his or her recovery, or refuses to submit to such medical or surgical treatment as is necessary to - *AB135_R1* – 31 – promote his or her recovery, the employee’s compensation may be reduced or suspended.

unable(a) toA undergophysician treatment,or testingchiropractor ordetermines examinationthat forthe theoyeeemployee is industrial injury solely because of a condition or injury that did not arise out of and in the course of employment;

H~~~~~ 17 - *AB135_R1*79th Session (2017)