SB 23 — Revises provisions relating to testing of a driver for the presence of alcohol or controlled substances. (BDR 43-345)

EXEMPT (Reprinted with amendments adopted on April 8, 2019) FIRST REPRINT S.B.

23–COMMITTEE ON G ROWTH AND NFRASTRUCTURE (ON B EHALF OF THE N EVADA H IGHWAY PATROL D IVISION OF THE DEPARTMENT OF PUBLIC SAFETY ) PREFILED N OVEMBER 15, 2018 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to testing of blooda samplesdriver underfor certainthe circumstances.presence of alcohol or controlled substances.

CONTAINS(NOTRNEQUESTED UNFUNDED MANDATE (§§ 1,2) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

requiringrevising provisions governing the testing of a blooddriver sample for the presence and quantity of any controlled substancesubstances; under certain circumstances;

Existing law provides that a driver shall be deemed to have given his or her consent to an evidentiary test 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 police officer having reasonable grounds to believe that the driver was driving while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or that the driver engaged in another prohibited act.

(NRS 484C.160) Section 1 of this bill provides that upon the request of the arresting officer, a sample of blood obtained pursuant to an evidentiary test must be tested for the presence and quantity of anycertain controlled substance.substances for which the laboratory is licensed to test.

Existing law provides that in all cases in which a death has occurred as a result of a crash involving a motor vehicle, a blood sample must be drawn from each decedent involved in the crash to be analyzed for the presence and concentration of alcohol.the requirement to take the sample within 8 hours and requires the blood or another - *SB23_R1* – 2 – biological sample of the decedent to be tested for the presence and quantity of certain controlled substances for which the laboratory is licensed to test.

(NRSTHE 484C.170)PEOPLE SectionOF 2THE ofSTATE thisOF billNEVADA, providesREPRESENTED thatIN theSENATE bloodAND ofASSEMBLY, theDO decedentENACT mustAS alsoFOLLOWS: be tested for the presence and quantity of any controlled substance.

*SB23* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(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 - *SB23_R1* – 3 – witnesses whose testimony in court or an administrative hearing is necessary because of the use of the blood test.

*SB23* – 3 – (1) Fifty dollars for travel to and from the place of the proceeding;

Upon the request of an arresting officer, a sample of blood obtained pursuant to this section must be tested for the presence and quantity of any controlled substance.substance listed in schedule I, II, III or IV which the laboratory conducting the testing is licensed to perform.

Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of a crash involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from - *SB23_R1* – 4 – each decedent,decedent [, within 8 hours of the crash,crash,] a blood or other biological sample to be analyzed for the presence and concentration of alcohol [.] and the presence and quantity of any controlled substance.substance listed in schedule I, II, III or IV which the laboratory con2.

*SB23* – 4 – 2.

[Blood-alcohol analyses] Analyses of the presence and concentration of alcohol and the presence and quantity of any controlled substance performed pursuant to subsection 1 are acceptable only if made by laboratories licensed to perform this function.

*SB23*H - *SB23_R1*