AB 158 — Revises the penalties for certain offenses involving alcohol or cannabis. (BDR 15-360)

(a) ForPerforming anot firstmore offense,than by:24 hours of community service;

(1)(b) PerformingAttending notthe morelive thanmeeting 24described hoursin paragraph (a) of communitysubsection service;2 of NRS 484C.530 and complying with any other requirements set forth in that section;

andor (2)(c) AttendingBeing therequired liveto meetingundergo describedan evaluation in paragraphaccordance (a)with of subsection 2 of NRS 484C.530;484C.350,  or any combination therteof.

(b)- For81st aSession second(2021) offense,– by3 completion– of3. not more than 100 hours of counseling or participation in an educational program, a support group relating to the use of alcohol or other substances or another program of treatment for the use of alcohol or other substances.

(c)If Fora person under 21 years of age fulfills the terms and conditions imposed for a thirdviolation of subsection 1 or subsequent2, offense,the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries custody of such other agencies and officers as providedare named in NRSthe 193.150.court’s order.

3.

If a person under 21 years of age fulfills the terms and conditions imposed for a violation of subsection 1 or 2, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

- *AB158_R1* – 4 – (c) Remains with the person until informed that his or her presence is no longer necessary by the emergency medical personnel who respond to the request for assistance for the person;

[4.]person 5.requests emergency medical assistance pursuant toher subsection [3] 4 is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2.

A person under 21 years of age for whom another person requests emergency medical assistance pursuant to subsection [3] 4 is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2.

This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction, except that any such ordinance must not conflict with the - 81st Session (2021) – 4 – provisions of subsection [3, 4 or] 4, 5 or 6 or create criminal liability for a person to whom an exemption set forth in subsection [3, 4 or] 4, 5 or 6 applies.

For the purposes of this section, possession “in public” includesinc(a) possession:On any street or highway;

(a) On any street or highway;

202.040 [Every minor] - *AB158_R1* – 5 – 1.

A person who is under 21 years of age and who [shall] falsely [represent] represents himself or herself to be 21 years of age or older in order to obtain any intoxicating liquor [shall be] is guilty of a misdemeanor [.] and shall be punished:punished by:

(a) ForPerforming anot firstmore offense,than by:24 hours of community service;

(1)subsection Performing2 notof moreNRS than484C.530 24and hourscomplying with any other(a) of communityrequirements service;set forth in that section;

andor (2)(c) AttendingBeing therequired liveto meetingundergo describedan evaluation in paragraphaccordance (a)with of subsection 2 of NRS 484C.530.484C.350,  or any combination thereof.

(b) For a second offense, by completion of not more than 100 hours of counseling or participation in an educational program, a support group relating to the use of alcohol or other substances or another program of treatment for the use of alcohol or other substances.

(c) For a third or subsequent offense, as provided in NRS 193.150.

- 81st Session (2021) – 5 – Sec.

Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is allegedchild:d or adjudicated to be in need of supervision because the child:(a) Is subject to compulsory school attendance and is a habitual truant from school;

(a) Is subject to compulsory school attendance and is a habitual truant from school;

- *AB158_R1* – 6 – (g) Violates a county or municipal ordinance restricting loitering by a child;

or (i) Commits an alcohol or marijuana offense relatedthat is punishable pursuant to consumingparagraph or(a) possessingof alcohol;subsection 1 of section 2.8 of this act.

or (j) Commits an offense related to the possession of 1 ounce or less of marijuana.

A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.chi3..

3.

(a) “Bullying”“Alcohol means a willful act which is written, verbal or physical,marijuana oroffense” ahas course of conduct on the partmeaning ofascribed one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to oneit orin moresection negative2.8 actionsof whichthis isact. highly offensive to a reasonable person and:

(b) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

- 81st Session (2021) – 6 – (2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

or (4)interfering Createswith anthe environmenteducation whichof isthe hostilepupil.ostile to a pupil by interfering[(b)] with(c) the“Electronic educationcommunication ofdevice” has the pupil.meaning ascribed to it in NRS 200.737.

(b)[(c)] “Electronic(d) communication“Sexual device”image” has the meaning ascribed to it in NRS 200.737.

(c) “Sexual image” has the meaning ascribed to it in NRS 200.737.

(a) Violates a county or municipal ordinance other than those specified[specified] in: paragraph (f) , [or] (g) , (i) or (j) of subsection 1 of NRS 62B.320 or an offense related to tobacco;

(1) Specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320 [or] ;

(2) Concerning an offense related to tobacco;

or (3) Relating to the consumption or possession of alcohol or the possession of 1 ounce or less of marijuana that are punishable pursuant to paragraph (a) of subsection 1 of section 2.8 of this act;

or (c)laws Commitsof anthe actState designatedof Nevada.ated a criminal offense pursuant to the laws3. of the State of Nevada.

- *AB158_R1* – 7 – 3.

- 81st Session (2021) – 7 – (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed;

and (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent forfor(c) anAn actoffense thator wouldattempted haveoffense beeninvolving athe felonyuse ifor committed by an adult.

(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

and (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon,hazardous deviceto orthe courselives of actionmore thatthan wouldone normallyperson.ormally be hazardous(e) toA category A or B felony and any other related offense arising out of the livessame facts as the category A or B felony, regardless of morethe nature of the related offense, if the person was at least 16 years of age but less than one18 person.years of age when the offense was committed, and:

(e) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, - *AB158_R1* – 8 – regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

- 81st Session (2021) – 8 – Sec.

A peace officer may prepare and issue a citation in the same manner in which a traffic citation is prepared and issued pursuantdetained toby NRSthe 62C.070,peace ifofficer thefor:ld child is stopped or otherwise detained(a) byA theviolation peaceof officerNRS for:202.020;

(a) A violation of NRS 202.020;

or (c) A violation of subsection 4 of NRS 453.336 for possession of 1 ounce or less of marijuana.marijuana;

or (d) A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.

or (III) A shelter designed to assist children who run away fromother theirthan parenta orshelter guardianused orfor arethe victimsprotection of sexchildren trafficking.pursuant to the provisions of chapter 432B of NRS.

and - *AB158_R1* – 9 – (c) The peace officer shall not take the child into physical custody for the violation.

At the time that a child is issued a citation pursuant to subsection 1, the peace officer shall make reasonable attempts to notify a parent or guardian of the child, and a peace officer shall - 81st Session (2021) – 9 – not take the child into custody by reason alone of being unable to contact the parent or child of the guardian.

1.(a) For a first or second offense:

If a child commits an alcohol or marijuana offense:

(a)(1) ForThe child is a firstchild offense:in need of supervision and is not a delinquent child, and the child must be placed under informal supervision pursuant to NRS 62C.200;

(1) The complaint must be referred to a probation officer pursuant to NRS 62C.100 and the child may be placed under informal supervision pursuant to NRS 62C.200;

(b) For a secondthird offense:or subsequent offense, a district attorney may file a petition alleging delinquency.

(1) The complaint must be referred to a probation officer pursuant to NRS 62C.100 and the child may be placed under informal supervision pursuant to NRS 62C.200;

and (2) The child shall perform not more than 24 hours of community service.

(c) For a third or subsequent offense, a district attorney may file a petition alleging delinquency.

or (c) A violation of subsection 4 of NRS 453.336 for possession of 1 ounce or less of marijuana.marijuana;

or (d) A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.

Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

- *AB158_R1* – 10 – (a) For a first or second offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, is guilty of possession of a controlled substance and shall be punished for a category E felony as provided in NRS 193.130.

- 81st Session (2021) – 10 – (b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term ofofson not more than 15 years and by a fine of not more than $50,000.

- *AB158_R1* – 11 – 4.

Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:marijuana [:

(a) For the first offense, is guilty of a misdemeanor and shall bebe: punished by:

(1) PerformingPunished notby morea thanfine 24of hoursnot ofmore communitythan service;$600;

andor (2)- Attending81st theSession live(2021) meeting– described11 in– paragraph(2) (a)Assigned ofto subsectiona 2program of treatment and rehabilitation pursuant to NRS 484C.530.176A.230 if the court determines that the person is eligible to participate in such a program.

(1) Punished by [a fine of not more than $600;] completion of not more than 100 hours of counseling or participation in an educational program, a support group relating to the use of alcohol or other substances or another program of treatment for the use of alcohol or other substances;

or (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 176A.230 if the court determines that the person is eligible to participate in such a program.

[(b)] (c) For the [second] third offense, is guilty of a misdemeanor and shall be:

[(c)](c) (d) For the [third]third fourth offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

[(d)](d) (e) For a [fourth]fourth fifth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.193.130.] is guilty of a misdemeanor and shall be punished by:

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section;

or (c) Being required to undergo an evaluation in accordance with subsection 1 of NRS 484C.350,  or any combination thereof.

7.violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

If a person fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

- *AB158_R1* – 12 – 8.

- 81st Session (2021) – 12 – Sec.

If an offender is found guilty of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, [or] if an offender is found guilty of a violation of NRSNRS.18 or 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 [,] or if the offender is found guilty of a violation of paragraph (a) of subsection 4 of NRS 453.336, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.

If an offender is convicted of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the offender is under 21 years of age at the time of the violation [,] or if the offender is convicted of a violation of subsection 1 or 2 of NRS 202.020, 202.040subsection or1 paragraphof (a)NRS of202.040 or subsection 4 of NRS 678D.310, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.

(b) A physician who is certified to make that evaluation by the Board of Medical Examiners;

ororified to make that evaluation by the (c) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing,  who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

The person who conducts the evaluation shall report to - *AB158_R1* – 13 – the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the - 81st Session (2021) – 13 – offender resides by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation.

The offender shall ensure that the results of the evaluation and the recommendationoffender concerningare reported to the lengthcourt.h and type of treatment for the offender6. are reported to the court.

6.

(a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishmentto agentan volunteeringadult-use at,cannabis employedcultivation byfacility;by or providing labor to(b) anCultivate adult-use cannabis cultivationplants facility;where they are visible from a public place by normal unaided vision;

(b) Cultivate cannabis plants where they are visible from a public place by normal unaided vision;

- *AB158_R1* – 14 – (c) For a third violation, a gross misdemeanor.

- 81st Session (2021) – 14 – 3.

4.himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor [.] and shall be punished by:

A(a) personPerforming undernot 21more yearsthan of24 agehours who falsely represents himself or herself to be 21 years of agecommunity orservice; older to obtain cannabis is guilty of a misdemeanor [.] and shall be punished:

(b) Attending the live meeting described in paragraph (a) Forof asubsection first2 offense,of by:NRS 484C.530 and complying with any other requirements set forth in that section;

(1)or Performing(c) notBeing morerequired thanto 24undergo hoursan evaluation in accordance with subsection 2 of communityNRS service;484C.350,  or any combination thereof.

and (2) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530.

(b) For a second offense, by completion of not more than 100 hours of counseling or participation in an educational program, a support group relating to the use of alcohol or other substances or another program of treatment for the use of alcohol or other substances.

(c) For a third or subsequent offense, as provided in NRS 193.150.

A person under 21 years of age who knowingly enters, loiters or remains on the premises of an adult-use cannabis establishment shall be punished by a fine of not more than $500 unless the person is authorized to possess cannabis pursuant to chapterdual 678Clicensee.f of NRS and the adult-use cannabis establishment is a dual[6.] licensee.7.

[6.] 7.

A person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place - *AB158_R1* – 15 – with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.

Sec.- 81st Session (2021) – 15 – of this act apply to an offense committed:

5.sections 1, 2, 3 and 3.5 1.

The amendatory provisions of sections 1, 2, 3 and 3.5 of this act apply to an offense committed:

1.

H~~~~~ 21 - *AB158_R1*81st Session (2021)