Nevada 2017 Regular Session Status: Enacted 1 D cosponsors

AB 286 — Revises provisions relating to court programs for the treatment of veterans and members of the military. (BDR 14-872)

Last action — Approved by the Governor. Chapter 484.

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This bill has been enacted into law. Introduced March 14, 2017. Enacted.

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Advancing 52% · moderate confidence

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    1 primary, 0 co-sponsors signed on.

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    Sponsorship is currently within one party (1 D).

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Bill Text

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(Reprinted with amendments adopted on May 25, 2017) FOURTH REPRINT A.B.
Assembly Bill No.
286 A SSEMBLY B ILLN O.
286–Assemblyman Elliot Anderson Joint Sponsor:
286–ASSEMBLYMAN ELLIOT A NDERSON M ARCH 14, 2017 ____________ JOINT SPONSOR :
Senator Cannizzaro CHAPTER..........
ENATOR C ANNIZZARO ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to court programs for the treatment of veterans and members of the military.
(BDR 14-872) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes a district court to establish an appropriate program for eligible defendant.
Existing law authorizes a district court to establish an appropriate program for the treatment of veterans and members of the military to which it may assign an of the district court, to transfer original jurisdiction of a case involving such an eligible defendant to the district court.
A justice court or municipal court is authorized, upon approval of the district court, to transfer original jurisdiction of a case involving such an eligible defendant to the district court.
Section 3 also provides that the assignment of a defSection 2 of this bill provides that a defendant is ineligible for assignment to such a program if he or she:
Section 3 also provides that the assignment of a defendant to such a program must be for a period of not less than 12 months.
Section 2 of this bill provides that a defendant is ineligible for assignment to such a program if he or she:
or (2) was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.
or (2) was discharged or released from the Armed Forces of the United States, a Section 2 also provides that a defendant who was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions may be assigned to such a program if a court determines that extraordinary circumstances exist to warrant the assignment.
Section 2 also provides that a defendant who was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National - *AB286_R4* – 2 – Guard under dishonorable conditions may be assigned to such a program if a court determines that extraordinary circumstances exist to warrant the assignment.
Under section 6 of this bill, if the conditional dismissal and upon the filing of a petition by the defendant, the court must order that all records relating to the charges be sealed.
Under section 6 of this bill, if the charges are conditionally dismissed, then not sooner than 7 years after such a conditional dismissal and upon the filing of a petition by the defendant, the court mustUnder existing law, before accepting a plea from a defendant or proceeding to trial, a justice of the peace or municipal judge must address the defendant personally and ask the defendant if he or she is a veteran or a member of the military.
Under existing law, before accepting a plea from a defendant or proceeding to trial, a justice of the peace or municipal judge must address the defendant personally and ask the defendant if he or she is a veteran or a member of the military.
(NRS 4.374, 5.057) Sections 8 and 10 of this bill require that the justice of the peace or municipal judge must, as soon as possible after a defendant is - 79th Session (2017) – 2 – arrested or cited, attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant qualifies for a program for theSections 11 and 12 of this bill provide that:
(NRS 4.374, 5.057) Sections 8 and 10 of this bill require that the justice of the peace or municipal judge must, as soon as possible after a defendant is member of the military and, if so, whether the defendant qualifies for a program for the treatment of veterans and members of the military.
Sections 11 and 12 of this bill provide that:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and - *AB286_R4* – 3 – (2) The defendant is a veteran or a member of the military.
and (2) The defendant is a veteran or a member of the military.
and (b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
and - 79th Session (2017) – 3 – (b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.
The prosecutor shall give reasonable notice of the hearing to impose sentence to:
The prosecutor shall give reasonable notice of the hearing to imp(a) The person against whom the crime was committed;
(a) The person against whom the crime was committed;
(1) A person, including a governmental entity, against whom a crime has been committed;
a crime has been committed;ing a governmental entity, against whom (2) A person who has been injured or killed as a direct result of the commission of a crime;
- *AB286_R4* – 4 – (2) A person who has been injured or killed as a direct result of the commission of a crime;
or (b) Was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.
or - 79th Session (2017) – 4 – (b) Was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.
A defendant described in paragraph (b) of subsection 1 may be assigned to a program of treatment established pursuant to NRS 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.
A defendant described in paragraph (b) of subsection 1 NRS 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.
(a) Include the terms and conditions for successful completion of the program [and provide] ;
(a) Include the terms and conditions for successful completion of (b) Provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program [.] ;
(b) Provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program [.] ;
and (c) Be for a period of not less than 12 months.
and - *AB286_R4* – 5 – (c) Be for a period of not less than 12 months.
Sec.
- 79th Session (2017) – 5 – Sec.
A] If a justice court or [a] municipal court has not established a program pursuant to NRS 176A.280, the justice court or municipal court, as applicable, may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving [an eligible] a defendant [.
A] If a justice court or [a] municipal court has not established a program pursuant to NRS 176A.280, the justice court or municipal court, as applicable, may, upon approval of the case involving [an eligible] a defendant [.ion to the district court of a 2.
2.
Except as otherwise provided in subsection 2 [,] and section 2 of this act, if a defendant [who is a veteran or a member of the military and who suffers from mental illness, alcohol or drug abuse or posttraumatic stress disorder as] described in NRS [176A.285] 176A.280 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court, justice court or municipal court , as applicable, may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.
Except as otherwise provided in subsection 2 [,] and section 2 of this act, if a defendant [who is a veteran or a member of the military and who suffers from mental illness, alcohol or drug abuse or posttraumatic stress disorder as] described in NRS [176A.285] 176A.280 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court, justice court or municipal court , as applicable, may, without entering a suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.
If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a - *AB286_R4* – 6 – felony that involved the use or threatened use of force or violence, the district court, justice court or municipal court , as applicable, may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.
If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the district court, justice court or municipal court , as applicable, may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.
For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the district court, justice court or municipal court , as applicable, shall consider the facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.
For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the district court, justice court or municipal court , as applicable, shall consider the facts and - 79th Session (2017) – 6 – circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.
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(a) The district court, justice court or municipal court, as applicable, may impose sanctions against the defendant for the violation, but allow the defendant to remain in the program.
applicable, may impose sanctions against the defendant for thes violation, but allow the defendant to remain in the program.
Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.
Discharge and dismissal conviction for purposes of this section or for purposes ofand is not a employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.
The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by - *AB286_R4* – 7 – reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and conditions, the district court, justice court or municipal court, as applicable, may conditionally dismiss the charges.
If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and - 79th Session (2017) – 7 – conditions, the district court, justice court or municipal court, as applicable, may conditionally dismiss the charges.
If a court conditionally dismisses the charges, the court shall notify the defendant that the conditionally dismissed charges are a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but are not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose.
If a court conditionally dismisses the charges, the court shall notify the defendant that the conditionally dismissed charges are a second or subsequent convictions or the setting of bail in a future case, but are not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose.
The justice court, municipal court or district court , as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
The justice court, municipal court or district court , as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for thereon.se shown, not to seal the records and requests a hearing 2.
2.
The justice court, - *AB286_R4* – 8 – municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
The justice court, municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the - 79th Session (2017) – 8 – court, for good cause shown, not to seal the records and requests a hearing thereon.
If the justice court, municipal court or district court , as applicable, orders sealed the record of a defendant discharged or whose charges were conditionally dismissed pursuant to NRS 176A.290, the court shall send a copy of the order to each agency or officer named in the order.
If the justice court, municipal court or district court , as applicable, orders sealed the record of a defendant discharged or 176A.290, the court shall send a copy of the order to each agency or officer named in the order.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, undertakings posted in criminal matters may be forfeited regardless of amount.
Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
- *AB286_R4* – 9 – (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
- 79th Session (2017) – 9 – (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
(j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(p) In actions to contest the validity of liens on mobile homes or manufactured homes.
manufactured homes.o contest the validity of liens on mobile homes or (q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the - 79th Session (2017) – 10 – title of real property or mining claims or questions affecting the boundaries of land are involved.
- *AB286_R4* – 10 – 3.
3.
Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.
Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or , if the justice court has not established a program pursuant to NRS 176A.280 [.] , to a program established pursuant to that section.
Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or , if the justice court has not established a program pursuant to NRS 176A.280 [.] , to a program established pursuant to that section.
Before accepting a plea from a defendant or proceeding to trial, the justice of the peace shall [address] :
Before accepting a plea from a defendant or proceeding to tri(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military [.] ;
(a) Address the defendant personally and ask the defendant if he or she is a veteran or a member of the military [.] ;
or (b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or 453.580.
or - 79th Session (2017) – 11 – (b) If a program of treatment established pursuant to NRS 176A.280 is not available for the defendant, a program of treatment established pursuant to NRS 176A.250 or 453.580.
(a) “Member of the military” has the meaning ascribed to it in NRS 176A.043.
NRS 176A.043.r of the military” has the meaning ascribed to it in (b) “Veteran” has the meaning ascribed to it in NRS 176A.090.
- *AB286_R4* – 11 – (b) “Veteran” has the meaning ascribed to it in NRS 176A.090.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the - 79th Session (2017) – 12 – pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by Sec.
Sec.
10.couNRS 5.057 is hereby amended to read as follows:
10.
NRS 5.057 is hereby amended to read as follows:
As soon as possible after a defendant is arrested or cited, the municipal judge shall attempt to determine whether the - *AB286_R4* – 12 – defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
As soon as possible after a defendant is arrested or cited, the municipal judge shall attempt to determine whether the defendant is a veteran or a member of the military and, if so, whether the defendant meets the qualifications of subsection 1 of NRS 176A.280.
(a) “Member of the military” has the meaning ascribed to it in NRS 176A.043.
NRS 176A.043.r of the military” has the meaning ascribed to it in (b) “Veteran” has the meaning ascribed to it in NRS 176A.090.
(b) “Veteran” has the meaning ascribed to it in NRS 176A.090.
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
A term of imprisonment imposed - 79th Session (2017) – 13 – pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
and - *AB286_R4* – 13 – (2) Perform not less than 100 hours, but not more than 200 hours, of community service.
and (2) Perform not less than 100 hours, but not more than 200 hours, of community service.
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 persons who commit domestic violence that has been certifiedt of pursuant to NRS 228.470.
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] :
An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal - 79th Session (2017) – 14 – offense constitutes a prior offense for the purposes of this section [when] :
or (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program, ¬ without regard to the sequence of the offenses and convictions.
or (b) If the offense is conditionally dismissed pursuant to NRS of a diversionary program or specialty court program,ompletion ¬ without regard to 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 - *AB286_R4* – 14 – the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
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.
If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.
If the court refers a child to require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.
[A court shall not grant probation to and, except] Except as otherwise provided in [NRS 4.373 and 5.055,] this subsection, a court shall not grant probation to or suspend the sentence of such a person.
[A court shall not grant probation to and, except] Except as otherwise provided in [NRS 4.373 and 5.055,] this subsection, a court shall not grant - 79th Session (2017) – 15 – probation to or suspend the sentence of such a person.
or (b) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.
or (b) To assign the person to a program for the treatment of if the charge is for a first offense punishable as a misdemeanor.
- *AB286_R4* – 15 – (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
(c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
(1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection [2] 3 of NRS 484C.420, order the person 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 the person fails to complete the course within the specified time;
(1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection [2] 3 of NRS 484C.420, order the person 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 within the specified time;he person fails to complete the course (2) Unless the sentence is reduced pursuant to NRS 484C.320, sentence the person 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 the person as having violated the provisions of NRS 484C.110 or 484C.120;
(2) Unless the sentence is reduced pursuant to NRS 484C.320, sentence the person 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 the person as having violated the provisions of NRS 484C.110 or 484C.120;
(b) For a second offense within 7 years, is guilty of a misdemeanor.
- 79th Session (2017) – 16 – (b) For a second offense within 7 years, is guilty of a 484C.330, the court shall:ntence is reduced pursuant to NRS (1) Sentence the person to:
Unless the sentence is reduced pursuant to NRS 484C.330, the court shall:
(I) Imprisonment for not less than 10 days nor more than months in jail;
(1) Sentence the person to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail;
and - *AB286_R4* – 16 – (3) Order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484C.360.
and (3) Order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484C.360.
¬ 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.
¬ A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pur(c) Except as otherwise provided in NRS 484C.340, 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.
(c) Except as otherwise provided in NRS 484C.340, 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.
or (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program, ¬ without regard to the sequence of the offenses and convictions.
or (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion ¬ without regard to 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.
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 - 79th Session (2017) – 17 – the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
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.
A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the who is convicted of a second or subsequent offense within 7 yearsrson must be confined for at least one segment of not less than 48 consecutive hours.
- *AB286_R4* – 17 – 4.
4.
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.
If the defendant was transporting a person who is less than 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.
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, placed under the supervision of a treatment provider, on parole or on probation must be excluded.
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, placed under the supervision of a treatment provider, on parole or on probation mus7.be As used in this section, unless the context otherwise requires, “offense” means:
7.
As used in this section, unless the context otherwise requires, “offense” means:
[A] Except as otherwise provided in subsection 2, a person convicted of violating the provisions of NRS 484C.110 or 484C.120 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, 484C.320, 484C.330 and 484C.340, that portion of the sentence imposed that exceeds the mandatory minimum.
[A] Except as otherwise provided in subsection 2, a person convicted of violating the provisions of NRS 484C.110 - 79th Session (2017) – 18 – or 484C.120 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, 484C.320, 484C.330 and 484C.340, that portion of the sentence imposed that exceeds the mandatory minimum.
2.
sentence of a person to assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first violation of the provisions of NRS 484C.110 or 484C.120 that is punishable as a misdemeanor.
The court may grant probation to or suspend the sentence of a person to assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first violation of the provisions of NRS 484C.110 or 484C.120 that is punishable as a misdemeanor.
If the person who violated the provisions of NRS 484C.110 or 484C.120 possesses a driver’s license issued by a state other than - *AB286_R4* – 18 – the State of Nevada and does not reside in the State of Nevada, in subsection 1 of NRS 484C.400, the court shall:) of paragraph (a) of (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 the person’s residence within the time specified in the order;
If the person who violated the provisions of NRS 484C.110 or 484C.120 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 of NRS 484C.400, 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 the person’s residence within the time specified in the order;
H - *AB286_R4*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 484.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment Nos. 872 and 939 concurred in. To enrollment.

  4. In Assembly.

  5. From printer. To re-engrossment. Re-engrossed. Fourth reprint . To Assembly.

  6. To printer.

  7. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Excused: 1.)

  8. Reprinting dispensed with.

  9. Read third time. Amended. (Amend. No. 939.)

  10. From printer. To re-engrossment. Re-engrossed. Third reprint .

  11. Read second time. Amended. (Amend. No. 872.) To printer.

  12. Placed on Second Reading File.

  13. From committee: Amend, and do pass as amended.

  14. Read first time. Referred to Committee on Judiciary. To committee.

  15. In Senate.

  16. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  17. Taken from General File. Placed on General File for next legislative day.

  18. Taken from General File. Placed on General File for next legislative day.

  19. From printer. To reengrossment. Reengrossed. Second reprint .

  20. Read third time. Amended. (Amend. No. 563.) To printer.

  21. From printer. To engrossment. Engrossed. First reprint .

  22. Read second time. Amended. (Amend. No. 338.) To printer.

  23. From committee: Amend, and do pass as amended.

  24. From printer. To committee.

  25. Read first time. Referred to Committee on Corrections, Parole, and Probation. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety veterans
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 286?
AB 286 is sponsored by Anderson, Natha C. (Democratic).
What is the current status of AB 286?
This bill has been enacted into law. Introduced March 14, 2017. Enacted.
Where can I track AB 286?
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