AB 427 — Revises various provisions relating to driving under the influence of alcohol or a prohibited substance. (BDR 43-373)

(1) a firstsionfirst violation within 7 years of driving under the influence of alcohol or a controlled substance to participate in the program for not less than 90 days;

and (2) a second or third violation within 7 years of driving under the influence of alcohol or a prohibited substance to participate in the program for not less than 1 year or 18 - 81st Session (2021) – 4 – months, respectively, and receive an assessment of whether the person has an alcohol or other substance use disorder and any appropriate treatment.

If any such repeat offender successfully completes the program, his or her sentence will be reduced, but the minimum mandatory term of imprisonment the person serves must rewardsnot arebe given to participants in the program who meet certain standards of that if compliance, such a reward cannot include undergoing less frequent testing than that5 whichor is10 required.days, respectively.

ExistingSection law26 generally provides that a person who commits a first violation within 7 years of drivingthis underbill thespecifies influencethat ofif alcoholrewards orare agiven prohibited substance must be sentenced to imprisonmentparticipants for not less than 2 days and not more than 6 months in jail, and a person who commits a second violation within 7 years of driving under the influenceprogram of alcohol or a prohibited substance must be sentenced to imprisonment in jail or residential confinement for not less than 10 days and not who commitsmeet acertain firststandards violation within 7 years of drivingwhich underis therequired. influence of alcohol or a prohibited substance to be sentenced to residential confinement in lieu of being sentenced to imprisonment in jail.

reward cannot include undergoing less frequent testing than that Existing law generally provides that a person who commits a first violation within 7 years of driving under the influence of alcohol or a prohibited substance must be sentenced to imprisonment for not less than 2 days and not more than 6 months in jail, and a person who commits a second violation within 7 years of driving under the influence of alcohol or a prohibited substance must be sentenced to imprisonment in jail or residential confinement for not less than 10 days and not more than 6 months.

(NRS 484C.400) Section 27 of this bill authorizes a person who commits a first violation within 7 years of driving under the influence of alcohol or a prohibited substance to be sentenced to residential confinement in lieu of being sentenced to imprisonment in jail.

Existingveterans lawand authorizesmembers aof courtthe military to establishwhich acertain programeligible fordefendants themay treatmentbe of assigned.

(NRS 176A.295) Section 37 of this bill additionally authorizes the court to set aside the judgment of conviction against such a defendant, if applicable, and provides that any judgment of conviction that is set aside is a conviction for certain purposes, including for the purpose of additional penalties imposed for second or subsequent convictions.

Existing law also authorizes a court to establish a program for the treatment of alcohol or other substance use disorders and a program for the treatment of mental - *AB427_R1* – 5 – illness or intellectual disabilities to which certain eligible defendants may be assigned.provisions that mirror the provisions in sections 37 and 38 and authorize:

(NRS(1) 176A.230,a 176A.250)court Sectionsto 33-36conditionally dismiss the charges or set aside the judgment of thisconviction billagainst establisha defendant who was charged with a violation of certain provisions thatof mirrorlaw, including driving under the provisionsinfluence inof sectionsalcohol 37or anda 38prohibited substance, upon the defendant’s fulfillment of the terms and authorize:conditions of the respective program;

(1)and a(2) againstthe arecords defendantrelating whoto wassuch charged with a violationcase ofto certainbe provisionssealed ofby law,court includingorder drivingnot undersooner thethan influence7 ofyears alcoholafter orthe acharges prohibitedare substance,conditionally upondismissed theor defendant’s fulfillment of the termsjudgment and conditions of theconviction respectiveis program;set aside.

andSections (2)33 theand records35 relatingof tothis suchbill aalso casespecify tothat beany sealedcharge bythat court order not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is conditionally dismissed or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions.

Section- 3981st ofSession this(2021) bill– provides5 that– the provisions of law which prohibit a person who was convicted of a violation of driving under the influence of alcohol or a prohibited substance that is punishable as a felony from being able to petition the court to seal the records relating to such a conviction must not be construed to preclude certain persons from petitioning the court for the sealing of records.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

As used in this section and NRS 483.420 to 483.525, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

(1) Except as otherwise provided in paragraph (c), any manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

- *AB427_R1* – 6 – (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.

- 81st Session (2021) – 6 – (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

(5) A second violation within 7 years of NRS 484C.110 or 484C.120.484C.1(6) A violation of NRS 484B.550.

(6) A violation of NRS 484B.550.

 The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

- *AB427_R1* – 7 – (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.

- 81st Session (2021) – 7 – (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

(5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that(6) period.A violation of NRS 484B.550.

(6) A violation of NRS 484B.550.

4.to drive of a person who is required to install a device pursuant toe NRS 484C.210 or 484C.460 but who operates a motor vehicle without such a device:

[The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460 but who operates a motor vehicle without such a device:

A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during - *AB427_R1* – 8 – the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

6.] In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A - 81st Session (2021) – 8 – to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.] Sec.

6.6.RS NRS 483.470 is hereby amended to read as follows:

NRS 483.470 is hereby amended to read as follows:

Upon suspending the license of any person as authorized in this section, the Department shall immediately notify the person in writing, and upon his or her request shall afford the person an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein the person resides unless the person and the Department agree that the hearing may be held in some other county.

The Administrator, or an authorized agentagentheld in thereof, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing.

Except as otherwise provided in this section, after a driver’s license has been suspended or revoked [for an offense other than a violation of NRS 484C.110,] and one-half of the period - *AB427_R1* – 9 – during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension or revocation prohibits the issuance of a restricted license, issue a - 81st Session (2021) – 9 – restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

or (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his ororly her immediate family.

or (2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 9 of NRS 484B.653.

4.] If the driver’s license of a person assigned to a program established pursuant to NRS 484C.392 is suspended or revoked, the Department may [, after verifying the proof of compliance submitted pursuant to subsection 3, if applicable,] issue a restricted driver’s license to [such] an applicant that is valid while he or she is [a participant] participating in and complying with the - *AB427_R1*81st Session (2021) – 10 – requirementsa ofmotor thevehicle:the program and that permits the applicant to drive (a) To and from a motortesting vehicle:location established by a designated law enforcement agency pursuant to NRS 484C.393;

(a) To and from a testing location established by a designated law enforcement agency pursuant to NRS 484C.393;

or (b)[6.] If4.appAfter applicable,a driver’s license has been suspended pursuant to andNRS from483.443, school.the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

[6.] 4.

After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, - 81st Session (2021) – 11 – except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

- *AB427_R1* – 11 – [9.] 7.

Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license afteror thesuspension revocation,as beginscontained uponin the effectivenotice datethereof.ate of the revocation or8. suspension as contained in the notice thereof.

8.

1.alcohol in his or her breath;

Testsando a person’s breath to determine the concentration of alcohol2. in his or her breath;

and 2.

- 81st Session (2021) – 12 – 3.

The Account must be funded through the fees established bymay regulationonly pursuantbe used to subsectionpay 7.the expenses of the Program, including,t without limitation:

The money in the Account - *AB427_R1* – 12 – may only be used to pay the expenses of the Program, including, without limitation:

(b) The annual recertification of manufacturers and vendors of (c) The reinstatement of the certification of manufacturers and vendors of ignition interlock devices;

(c) The reinstatement of the certification of manufacturers and vendors of ignition interlock devices;

Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to a preliminary test of his or her breath to determine the concentration - 81st Session (2021) – 13 – of alcohol in his or her breath when the test is administered at the request of a police officer at the scene of a vehicle crash or where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance;

ororder - *AB427_R1* – 13 – (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

2.484C.160 shows that a person had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of [90] 185 days.

If the result of a test given under NRS 484C.150 or 484C.160 shows that a person had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of [90] 185 days.

[Except as otherwise provided in subsection 1, at] At any time while a person is not eligible for a license, permit or privilege to drive following a revocation under subsection 1 or 2 , [which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath,] the person shall install, at his or her own expense, [a] an ignition interlock device in any motor - 81st Session (2021) – 14 – vehicle which the person operates as a condition to obtaining [a restricted license] an ignition interlock privilege pursuant to NRS 483.490.

The Department may provide for an exception to the requirements of subsection 3 and issue a restricted license pursuant to subsection 1 of NRS 483.490 if the DepartmentDepartmentse determines that the person is not a repeat intoxicated driver, as that term is defined in 23 C.F.R.

- *AB427_R1* – 14 – (a) The person is unable to provide a deep lung breath sample for analysis by an ignition interlock device, as certified in writing by a physician or an advanced practice registered nurse of the person;

If an order to install [a] an ignition interlock device pursuant to NRS 62E.640 or 484C.460 follows the installation of [a] an ignition interlock device pursuant to subsection 3, the court [may] shall give the person day-for-day credit for any period during which the person [installed a] can provide proof satisfactory to the court that he or she had an ignition interlock device installed as a conditionprivilege.to to obtaining [a restricted license.] an ignition interlock privilege.[6.] 7.

[6.] 7.

As agent for the Department, the officer who requested that a test be given pursuant to NRS 484C.150 or 484C.160 or who obtained the result of a test given pursuant to NRS 484C.150 or 484C.160 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who failed to submit to a test requested by the police officer pursuant to NRS [484C.150 or] 484C.160 or who has a concentration of alcohol of 0.08 or more in his or her blood or breath- or81st hasSession a(2021) detectable– amount15 of– a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, if that person is present, and shall seize the license or permit to drive of the person.

The officer shall then, unless the information is expressly set forth in the order of revocation, advise the person of his or her right to administrative and judicial review of the revocation pursuant to NRS 484C.230 and, except as otherwise provided in this subsection, that the person has a right to request a - *AB427_R1* – 15 – temporary license.

If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484C.230, the person is not entitled to request an additional temporary license pursuant to this section or NRS 484C.230, and the order of revocation issued by the officer must revoke the temporary license that was previously issued.

When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his or her blood or breath or had a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 678C.080, the officer shall immediately prepare and transmit to the Department, together withwithl the seized license or permit and a copy of the result of the test, if any, a written certificate that the officer had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle:

(a) With a concentration of alcohol of 0.08 or more in his or her blood or breath or with a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS- 453.128,81st orSession hold(2021) a– valid16 registry– identification card, as defined in NRS 678C.080, as determined by a chemical test;

ororcard, as defined (b) While under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine and the person refused to submit to a required evidentiary test.

The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and - *AB427_R1* – 16 – finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at the person’s last known address.

The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license.

The orderorderl must also [indicate that] state whether the person is required to install [a] an ignition interlock device pursuant to NRS 484C.210.

As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.] Sec.484C.230 NRS 1.

16.

NRS 484C.230 is hereby amended to read as follows:

484C.230 1.

The Director or agent of the Director may issue subpoenas for the attendance of witnesses- and81st theSession production(2021) of– relevant17 books– and papers and may require a reexamination of the requester.

Unless the person isismay ineligible for a temporary license pursuant to NRS 484C.220, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

or - *AB427_R1* – 17 – (b) At the time of the test, had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as as defined in NRS 453.128,678C.080.hold or hold a valid registry identification card, as definedUpon inan NRSaffirmative 678C.080.finding on either issue, the Department shall affirm the order of revocation.

 Upon an affirmative finding on either issue, the Department shall affirm the order of revocation.

A person who is issued a temporary license is not subject to and is exempt during the period of the judicial review from the requirement to install [a] an ignition interlock device pursuant to NRS 484C.210.

[6.- 81st Session (2021) – 18 – to it in NRS 484C.450.] section, “device” has the meaning ascribed Sec.

As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.] Sec.

- *AB427_R1* – 18 – (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners;

(c) An advanced practice registered nurse who is certified to make such an evaluation by the State Board of Nursing;

ororfied to (d) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 6 months.

(2)- A81st physicianSession who(2021) is– certified19 to– make that diagnosis by the Board of Medical Examiners;

ororcertified to make that diagnosis by the (3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;

-prosecuting *AB427_R1*attorney –may 19present –the 3.court with any relevant evidence on the matter.

At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter.

If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.court., (c) Advise the offender that:

(c) Advise the offender that:

(3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court.- 81st Session (2021) – 20 – equal to that which the offender served before beginning treatment.

Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.

6.by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.

The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for - *AB427_R1* – 20 – treatment and his or her failure to be accepted for or complete treatment.

(1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuantpursuan(2) toA chapterphysician 641Cwho ofis NRS,certified to make that diagnosis;diagnosis by the Board of Medical Examiners;

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

and (c) The offender has served or will serve a term of imprisonment in jail of not less than 5 days and, if required pursuant to NRS- 484C.400,81st hasSession performed(2021) or– will21 perform– nothalf less than one-half of the hours of community service.service.form not less than one- 2.

2.

(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that thethetment offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court.

If the court has a specialty court program for the supervision and monitoring of - *AB427_R1* – 21 – the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

(3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court.equal to that which the offender served before beginning treatment.

Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.

5.- 81st Session (2021) – 22 – to the procedures provided in NRS 176A.230 to 176A.245,nt pursuant inclusive, except that the court:

The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, except that the court:

An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 3 years.

- *AB427_R1* – 22 – (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

 An alcohol and drug counselor, a clinical alcohol and drug counselor, a physician or an advanced practice registered nurse who diagnoses an offender as a person with an alcohol or other substance use disorder shall make a report and recommendation to the courtcourtance concerning the length and type of treatment required for the offender.

3.- 81st Session (2021) – 23 – prosecuting attorney may present the court with any relevant evidence on the matter.

At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter.

(1)treatment Heprovider orfor shenot maymore bethan placed5 underyears.supervision the supervision of a treatment(2) providerThe forcourt notmay moreorder thanthe 5offender years.to be admitted to a residential treatment facility .

(2) The court may order the offender to be admitted to a residential treatment facility .

- *AB427_R1* – 23 – Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment.

(5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply.

license, permit or privilege of the offender to drive do not 5.

and (b)- May81st enterSession a(2021) judgment– of24 conviction– and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.

[(d)] (e) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment;

andandtrolled substances while participating in a program of [(e)] (f) Agree to any other conditions that the court deems necessary.

(c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor - *AB427_R1* – 24 – or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

(d) A violation of paragraph (c) of subsection 1 of NRS(e) A violation of NRS 484C.400;484C.410;

(e) A violation of NRS 484C.410;

(b)- Report81st anySession incidental(2021) damage– or25 defacement– of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

484C.360pursuant 1.to NRS 484C.340 or [paragraph (a) or (b) of] subsection 1 of NRS 484C.400, the court shall place the offender under the clinical supervision of a treatment provider for treatment in accordance with the report submitted to the court pursuant to NRS 484C.340 or subsection 3, 4, 5 or 6 of NRS 484C.350, as appropriate.

When a program of treatment is ordered pursuant to NRS 484C.340 or [paragraph (a) or (b) of] subsection 1 of NRS 484C.400, the court shall place the offender under the clinical supervision of a treatment provider for treatment in accordance with the report submitted to the court pursuant to NRS 484C.340 or subsection 3, 4, 5 or 6 of NRS 484C.350, as appropriate.

and (b) Order the offender, to the extent of his or her financial resources,If the offender does not have the financial resources to pay anyall chargesthose charges, the court shall, to the extent possible, arrange for the offender to obtain the treatment pursuantfrom a treatment provider that receives a sufficient amount of federal or state money to thisoffset section.the remainder of the charges.

- *AB427_R1* – 25 – If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain the treatment from a treatment provider that receives a sufficient amount of federal or state money to offset the remainder of the charges.

(a)- Drives,81st operatesSession or(2021) is– in26 actual– physical control of a vehicle or a vessel under power or sail while under the influence ofofa vehicle intoxicating liquor or a controlled substance;

484C.390 “Timely sanction” means a sanction that is able to be applied as soon as possible [, but not later than 14 days,] after the results of testing indicate the presence of alcohol or a prohibited substancesubSec. in a program participant’s system.

Sec.

In cases of economic hardship or when a program participant is rewarded with less stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized.] meet the federal definition of “24- 7 sobriety program” in 23 C.F.R.

[The program must be evidence-based and satisfy at least twotwo(a) ofThe program is included in the followingNational requirements:Registry of Evidence-based Programs and Practices;

(a) The program is included in the National Registry of Evidence-based Programs and Practices;

or - *AB427_R1* – 26 – (c) The program has been documented as effective by informed experts and other sources.

The core components of] Any person who is assigned to the program [that generally require testing] :

[that- generally81st require]Session (a)(2021) Must– abstain27 from– alcohol and prohibited substances while assigned to the program.

alcohol and prohibited substances while (b) Must be subject toto: [testing] :

(c) Must be subject to lawful and consistent sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, incarceration.

A court may, as a condition of pretrial release, a sentence, a suspension of sentence or probation, assign an offender who is arrested for or found guilty of, as applicable, a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 484C.400 to the programperiod establisheddetermined pursuantby tothe NRScourt.]NRS 484C.392 .

[for a specified period determined by the court.] 2.

- *AB427_R1*81st Session (2021) – 2728 – (b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for not less than 90 days.

(1) If the offender fails to participate in the program for the period determined by the court or fails to comply with theram for the requirements of the program, the court will require the offender to serve the sentence imposed by the court.

(a) Shall immediately sentence the offender in accordance with NRSNRS(b) 484C.400Shall suspend the sentence of the offender upon the condition that the offender participate in the program for [a specified period determined by the court.] not less than 1 year and enterrequire judgmentthat accordingly.the offender receive an assessment of whether the offender has an alcohol or other substance use disorder and any appropriate treatment.

(b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for [a specified period determined by the court.] not less than 1 year and require that the offender receive an assessment of whether the offender has an alcohol or other substance use disorder and any appropriate treatment.

(2) [If] Except as otherwise provided in subparagraph (2) of paragraph (c) of subsection 4, if the offender participates in the program- for81st theSession period(2021) determined– by29 the– court and complies with the requirements of the program, the offender’s sentence will be - *AB427_R1* – 28 – reduced [to a] , but the minimum mandatory term of imprisonment [which is] must not [longer] be less than [that provided for the offense in paragraph (c) of subsection 1 of NRS 484C.330 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but] 5 days, and the conviction must remain on the record of criminal history of the offender [.] for the period prescribed by law.

[3.]found 4.guilty of a violation of NRS 484C.110 or 484C.120 that is is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:

If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:

Any sentence of imprisonment may be reduced by a time equal to that which the offender served before participating in the program.

- 81st Session (2021) – 30 – (3) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply and the offender is eligible for a restricted driver’s license - *AB427_R1* – 29 – pursuant to subsection [4] 2 of NRS 483.490 [.] while participating in and(d) complyingShall withnot defer the requirementssentence ofor set aside the program.conviction upon participation in the program, except as otherwise provided in this section.

(d) Shall not defer the sentence or set aside the conviction upon participation in the program, except as otherwise provided in this section.

If the person fails to comply with the requirements of the program, the court may notify the Department of Motor Vehicles of the person’s noncompliance and direct the Department of Motor Vehicles totoson’s revoke the restricted license.

484C.396 Each political subdivision that elects to participate in the program established pursuant to NRS 484C.392 shall adopt - 81st Session (2021) – 31 – guidelines consistent with NRS 484C.372 to 484C.397, inclusive.

-including, *AB427_R1*without –limitation, 30the –immediate 2.sanctions and timelym, sanctions that may be imposed against a program participant.

Establish the requirements for compliance with the program, including, without limitation, the immediate sanctions and timely sanctions that may be imposed against a program participant.

(a) Acknowledging his or her understanding of the program rules and expectations, including, without limitation, the prohibition against using alcohol or a prohibited substance while assigned to thethen program, and the sanctions that may be imposed;

Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS- 484C.39481st orSession 484C.410,(2021) a– person32 – of NRS 484C.110 or 484C.120:person who violates the provisions of(a) NRSFor 484C.110the orfirst 484C.120:offense within 7 years, is guilty of a misdemeanor.

(a) For the first offense within 7 years, is guilty of a misdemeanor.

- *AB427_R1* – 31 – (1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 3 of NRS 484C.420, order the person to pay tuition for an educational course on alcohol or other substance use disorders 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;

(I) Sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail [,] or residential confinement for not less than 2 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

orRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, (II) Order the person 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;

(1)(1)(I) SentenceImprisonment thefor personnot to:less than 10 days nor more than months in jail;

(I) Imprisonment for not less than 10 days nor more than 6 months in jail;

(2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies the- person81st asSession having(2021) violated– the33 provisions– of NRS 484C.110 or 484C.120;

and having violated the provisions of NRS 484C.110 or (3) Order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.

- *AB427_R1* – 32 – (c) Except as otherwise provided in NRS 484C.340 , [and unless the person is assigned to a program pursuant to NRS 484C.394,] for a third offense within 7 years, is guilty of a category B felony and [shall be punished by] the court:

and (II) Fine the person not less than $2,000 nor more than $5,000 [.] ;

andandine the person not less than $2,000 nor more than (2) May order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360 if the results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has an alcohol or other substance use disorder and that the person can be treated successfully for his or her condition.

or (b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 ororent of 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.

- 81st Session (2021) – 34 – 3.

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 fordiscretion atmust leastbe oneexercised segmentafter considering all the circumstances surrounding the offense, and the family and employment of notthe offender, but any sentence of 30 days or less thanmust 48be consecutiveserved hours.within months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation.

This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the - *AB427_R1* – 33 – suspension of his or her sentence was revoked, within 6 months after the date of revocation.

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 used in this section, unless the context otherwise requires,req(a) “offense”A means:violation of NRS 484C.110, 484C.120 or 484C.430;

(a) A violation of NRS 484C.110, 484C.120 or 484C.430;

Except as otherwise provided in subsections 2 and 5 , [and unless the person is assigned to a program pursuant to NRS 484C.394,] a court shall order a person [convicted of:] to install, at his or her own expense, an ignition interlock device in any motor vehicle which the person operates as a condition to obtaining- an81st ignitionSession interlock(2021) – 35 – to reinstate the driving privilege pursuantof the person:t to NRS 483.490 (a) [Except as otherwise provided in paragraph (b), a violation of paragraph (a), (b) or (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 484C.110 that is punishable pursuant to reinstateparagraph (a) or (b) of subsection 1 of NRS 484C.400, to install, at his or her own expense and for a period of not less than] For a period of 185 days [, a device in any motor vehicle which] if the person [operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person:person.] is convicted of a first violation within 7 years of NRS 484C.110.

(a)(b) [Except[A as otherwise provided in paragraph (b), a violation ofof:] paragraph (a), (b) or (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, to install, at his or her own expense and for a period of not less than] For a period of 1851 daysyear [, a device in any motor vehicle which] if the person [operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.] is convicted of a firstsecond violation within 7 years of NRS 484C.110.

- *AB427_R1* – 34 – (b) [A violation of:] For a period of 1 year if the person is convicted of a second violation within 7 years of NRS 484C.110.

(1) [NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to haveblood hador abreath;ntration concentration of alcohol of 0.18 or more in his or her blood(2)] A violation of NRS 484C.110 or breath;484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410;

(2)] A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410;

(a) The person is unable to provide a deep lung breath sample for [a] analysis by an ignition interlock device, as certified in writing by a physician or an advanced practice registered nurse of the person;

The order must include a statement that [a] an ignition interlock device is required and the specific period for which- it81st isSession required.(2021) – 36 – incorporated into the records of the Department and noted [as a to be restriction] on the person’s [driver’s license.] ignition interlock privilege.

The Director shall cause this information to be incorporated into the records of the Department and noted [as a restriction] on the person’s [driver’s license.] ignition interlock privilege.

A person [whose driving] who obtains an ignition interlock privilege [is restricted] pursuant to this section or NRS 483.490 shall have the ignition interlock device inspected, calibrated, - *AB427_R1* – 35 – monitored and maintained by the manufacturer of the ignition interlock device or its agent at least one time each 90 days during the period in which the person is required to use the ignition interlock device to determine whether the ignition interlock device is operating properly.

Any inspection, calibration, monitoring ororce maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480.

The manufacturer or its agent shall submit a report to the Director of the Department of Public Safety indicating [whether the device is operating properly,] whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether the ignition interlock device has been tampered with.

If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate thatthaticle is vehicle without the installation of [a] an ignition interlock device, if:

- This81st exemptionSession does(2021) not– apply37 to– a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

The court may extend the order of a person who is required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460, [not] to [exceed] one-half of the period - *AB427_R1* – 36 – during which the person is required to have [a] an ignition interlock device installed, if the court receives from the Director of the Department of Public Safety or the manufacturer of the ignitionignitione interlock device or its agent a report that 4 consecutive months prior to the date of release any of the following incidents occurred:

(c) Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.025, and the digital image confirmscon(d) theFailure sameof the person providedto bothhave samples;the ignition interlock device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460;

(d) Failure of the person to have the ignition interlock device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460;

A person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460 shall not operate a motor vehicle- without81st [a]Session an(2021) – 38 – ignition interlock device.ition interlock device or tamper with the ignition3. interlock device.

3.

No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.trial.not supported by Sec.

- *AB427_R1* – 37 – Sec.

(a) Provide for the certification of [each model of those] manufacturers and vendors of ignition interlock devices [, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevent the motor vehicle in which it is installed from starting.] to allow such manufacturers and vendors to conduct business in this State.

(b) Prescribe the form and content of records respecting the calibration of ignition interlock devices, which must be kept by the manufacturer of the ignition interlock device or its agent, and other records respecting the installation, removal, inspection, maintenance - 81st Session (2021) – 39 – and operation of the ignition interlock devices which it finds should be kept by the manufacturer or its agent.

(c) Prescribe standards and procedures for the proper installation, removal, inspection, calibration, maintenance and operationmanufacturer ofor [a]its anagent.on ignition interlock device installed by the (d) Require the manufacturer or its agent.agent to waive the cost of installing or removing the ignition interlock device and adjust the fee to lease, calibrate or monitor the ignition interlock device, if the person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460:

(d) Require the manufacturer or its agent to waive the cost of installing or removing the ignition interlock device and adjust the fee to lease, calibrate or monitor the ignition interlock device, if the person required to install [a] an ignition interlock device pursuant to NRS 484C.210 or 484C.460:

The [Committee] Department of Public Safety shall establish its own standards and procedures for evaluating the models - *AB427_R1* – 38 – of the ignition interlock devices and obtain evaluations of those models from the Director or the manufacturer of the ignition interlock device or its agent.

If a model of [a] an ignition interlock device has been certified by the [Committee] Department of Public Safety to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each ignition interlock device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, will prevent the motor vehicle in which it is installed from starting.

(a) Issue an order revoking the driver’s license of the child for 185 days and requiring the child to surrender the driver’s license of the child to the juvenile court;

and (b)- Not81st laterSession than(2021) 5– days40 after– issuing the order, forward to the Department of Motor Vehicles a copy of the order and the driver’sdriver’sthe license of the child.

and (b) Order the child to install, at his or her own expense, or at the expense of the parent or guardian of the child, [a] an ignition interlock device in any motor vehicle the child operates as aaon condition to obtaining [a restricted license] an ignition interlock privilege pursuant to NRS 483.490.

- *AB427_R1* – 39 – (b) “Ignition interlock privilege” has the meaning ascribed to it in section 10 of this act.

Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant who suffers from a substance use disorder or any co-occurring disorder 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 pro(a) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation isupon notterms prohibitedand byconditions statute,that must include attendance and successful completion of a program established pursuant to NRS 176A.230 if the court may:determines that the defendant is eligible for participation in such a program;

(a)or Without(b) enteringEnter a judgment of conviction and with the consent of the defendant, suspend or defer 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 - 81st Session (2021) – 41 – NRS 176A.230 if the court determines that the defendant is eligible for participation in such a program;program.

or (b) Enter a judgment of conviction 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.230 if the court determines that the defendant is eligible for participation in such a program.

Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS 176A.230 if the defendant is diagnosed as having a substance use disorder or any co-occurring disorder:

as having a substance use (a) After an in-person clinical assessment by:

(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to - *AB427_R1* – 40 – the custody of the Department of Corrections if the offense is punishablepun6.hab[Upon] byExcept imprisonmentas otherwise provided in subsection 8, upon fulfillment of the stateterms prison.and conditions, the court:

6.

[Upon] Except as otherwise provided in subsection 8, upon fulfillment of the terms and conditions, the court:

7.- 81st Session (2021) – 42 – adjudication of guilt and is not a conviction for purposes of thist 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 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.

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 or set aside the dismisses the charges or sets aside the judgment of conviction, asthe applicable.court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but is 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.

IfConditional adismissal court conditionally dismisses the charges or setshaving asidea the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside isrestores athe convictiondefendant, forin the purposecontemplation of additionalthe penaltieslaw, imposedto forthe secondstatus oroccupied subsequentbefore convictions or the settingarrest, ofcomplaint, bailindictment in a future case, but is not a conviction for purposes of employment, civil rights or anyinformation. statute or regulation or license or questionnaire or for any other public or private purpose.

ConditionalThe dismissaldefendant ormay havingnot abe judgmentheld ofthereafter convictionunder setany asidelaw restoresto thebe defendant,guilty inof theperjury contemplationor ofotherwise thegiving law,a tofalse thestatement statusby occupiedreason beforeof thefailure arrest,to -recite *AB427_R1*or –acknowledge 41that –arrest, complaint, indictmentindictment, information or information.trial in response to an inquiry made of the defendant for any purSec.

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.

Sec.

The court- shall81st orderSession those(2021) records– sealed43 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 good cause shown, not to seal the records andand3.equIf requeststhe court orders sealed the record of a hearingdefendant thereon.who is discharged from probation , [or] whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.240, the court shall send a copy of the order to each agency or officer named in the order.

3.

If the court orders sealed the record of a defendant who is discharged from probation , [or] whose case is dismissed, whose charges were conditionally dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.240, the court shall send a copy of the order to each agency or officer named in the order.

Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is - *AB427_R1* – 42 – 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 court may:

(a) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer 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.250 if the court determines that the defendant is eligible for participation in such a program;

or (b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to - 81st Session (2021) – 44 – NRS 176A.250, if the court determines that the defendant is eligible for participation in such a program.

Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS 176A.250an ifintellectual thedisability:s defendant is diagnosed as having a mental illness or (a) After an intellectualin-person disability:clinical assessment by:

(a) After an in-person clinical assessment by:

(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

- *AB427_R1* – 43 – (a) Shall discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, unless the defendant:

(1)- Has81st beenSession previously(2021) convicted– in45 this– State or in any other jurisdiction of a felony;

oricted in this State or in any (2) Has previously failed to complete a specialty court program.

8.200.485, 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 or set aside the judgment of conviction, as applicable.

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 or set aside the judgment of conviction, as applicable.

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 orortherwise acknowledge that arrest, complaint, indictment, information or - *AB427_R1* – 44 – trial in response to an inquiry made of the defendant for any purpose.

[After] Except as otherwise provided in subsection 2, after a defendant is discharged from probation or a case is dismissed pursuant to NRS 176A.260, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute- book81st entriesSession and(2021) entries– on46 dockets,– and other documents relating to the case in the custody of such other agencies andands officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division.

If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.260, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officerscourt, municipal court or district court, as areapplicable, namedshall inorder those records sealed without a hearing unless the court’sDivision orderpetitions bethe sealed.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 good cause shown, not to seal the records and requests a hearing thereon.

Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211 and NRS 176A.287, if a defendant described in NRS 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:

nolo contendere to, or is found (a) Any offense punishable as a felony or gross misdemeanor for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court may:

- *AB427_R1* – 45 – (1) Without entering a judgment of conviction and with the consent of the defendant, suspend or defer further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program - 81st Session (2021) – 47 – established pursuant to NRS 176A.280 if the court determines that the defendant is eligible for participation in such a program;

or (2) Enter a judgment of conviction 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 court determines that thetheshed defendant is eligible for participation in such a program;

(b) The district court, justice court or municipal court, as applicable, may enter a judgment of conviction, if applicable, and proceed as provided in the section pursuant to which the defendant was charged.

- *AB427_R1* – 46 – (I) Has been previously convicted in this State or in any other jurisdiction of a felony;

or (II) Has previously failed to complete a specialty court program;

or (2) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:

or - 81st Session (2021) – 48 – program;

orII) Has previously failed to complete a specialty court (2) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:

(I) Has been previously convicted in this State or in any other jurisdiction of a felony;

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 settingcontemplation of bail.the law, to the status occupied before the arrest, the complaint, indictment or information.

Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, complaint, indictment or information.

If a court conditionally dismisses the charges [,] or sets aside the judgment of conviction, the court shall notify the defendant that [the] any conditionally dismissed [charges are] charge or judgment of conviction that is set aside is 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] is not a conviction for purposes of employment, civilcivilre rights or any statute or regulation or license or questionnaire or for any other public or private 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 - *AB427_R1*81st –Session 47(2021) – acknowledge49 that– arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.purpose.rial Sec.

Sec.

If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.290, not sooner than 7 years after [such a conditionalconditionalRS dismissal] the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendant’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 be sealed.

If the justice court, municipal court or district court, as applicable, orders sealed the record of a defendant who is discharged from probation, whose case is dismissed , [or] whose charges were conditionally dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.290, the court shall send a copy of the order to each agency or officer named in the order.

Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person- was81st convictedSession (2021) – 50 – conviction of:victed for the sealing of all records relating to a conviction(a) of:A category A felony, a crime of violence pursuant to NRS 200.408 or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

- *AB427_R1* – 48 – (a) A category A felony, a crime of violence pursuant to NRS 200.408 or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;

(a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records ofofd records Criminal History;

(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the - 81st Session (2021) – 51 – petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;

and (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed,sealed,(1) including,Date withoutof limitation,birth the:of the petitioner;

- *AB427_R1* – 49 – (1) Date of birth of the petitioner;

If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency ofofll criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

(d)- A81st violationSession of(2021) NRS– 484C.11052 or– 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 ofofunishable NRS 484C.400;

(f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor - *AB427_R1* – 50 – or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuantpur(a) to:Paragraph (b) of subsection 1 of NRS 484C.400;

(a) Paragraph (b) of subsection 1 of NRS 484C.400;

(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a- 81st Session (2021) – 53 – in this paragraph.to NRS 200.405, if the felony is an offense listed (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.405,200.408, if the felonycrime of violence is an offense listed in this paragraph.

(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

- *AB427_R1* – 51 – (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(13) Sexual penetration of a dead human body pursuant to NRS 201.450.20(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

Except as otherwise provided in subsections 3, 4 and 5, 4 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible 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’shearing order.unless the Division of Parole and Probation of thethout a Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct,- to81st Session (2021) – 54 – this section.o inspect and to copy from a record sealed pursuant to this4. section.

4.

- *AB427_R1* – 52 – (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

and (2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of forcesubparagraph, ormultiple violenceconvictions againstfor an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the victim.same transaction or occurrence.

For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.

Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of aNRS battery33.018:hich which constitutes domestic violence pursuant to NRS(a) 33.018:For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

A term of imprisonment imposed - 81st Session (2021) – 55 – 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 12 consecutive hours and must occur at a time when the person is not required to be at his or her(b) placeFor ofthe employmentsecond oroffense onwithin 7 years, is guilty of a weekend.misdemeanor and shall be sentenced to:

(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

- *AB427_R1* – 53 –  The person shall be further punished by a fine of not less than $500, but not more than $1,000.

Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty ofNRS a193.130.y category C felony and shall be punished as provided in NRS3. 193.130.

3.

or (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),  and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 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 2 years and a maximum term of not more than 15 years,- and81st shallSession be(2021) further– punished56 by– a$2,000, finebut of not lessmore than $2,000,$5,000.hed butby a fine of not moreless than $5,000.4.

4.

- *AB427_R1* – 54 – 5.

Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not lesslessed than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.

(b) For the second 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 12 months, at his or her expense, in violence that has been certified pursuant to NRS 439.258.c  If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

 If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal- offense81st orSession after(2021) the– principal57 offense– constitutes a prior offense for the purposes of this section:section:offense constitutes a prior (a) When evidenced by a conviction;

(a) When evidenced by a conviction;

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 - *AB427_R1* – 55 – principal offense is alleged to be a felony, must also be shown at the preliminarypre8.minIn examinationaddition orto presentedany other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the grandDivision jury.of Public and Behavioral Health of the Department of Health and Human Services.

8.

In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

10.constitutes domestic violence pursuant to NRS 33.018, a which prosecuting attorney shall not dismiss such a charge 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 be proved at the time of trial.

If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge 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 be proved at the time of trial.

(a)- As81st setSession forth(2021) in– NRS58 4.373– (b) To assign the person to a program for the treatment of veterans and 5.055;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 veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.

A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for - *AB427_R1* – 56 – a minimum term of not less than 1 year and a maximum term of not for more than 6 years, and may be further punished by a fine of not more than $5,000.

(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.conduct.ny Sec.

Sec.

If the results of an evaluation conducted pursuant to NRS 484C.300 or 488.430 indicate that an offender has an alcohol or other substance use disorder and that the offender can be treated successfully for his or her condition, the Director shall, except as otherwise provided in this section [,] and unless a court has already assigned the offender to a program of treatment pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS- 484C.400,81st assignSession the(2021) offender– to59 the– program of treatment established pursuant to NRS 209.425.

The Director shall when assigning offenders to the program, to the extent possible, give preference to those offenders who appear to the Director capable of successfully completing the entire program.pro4.

4.The Director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.

The Director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to - *AB427_R1* – 57 – an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.

As used in this section, “entire program” means both phases of the program established pursuant to NRS 209.425, for offenders who have not been released from prison, and NRS 209.429, for offenders who have been assigned to the custody of the Division of Parole and Probation of the Department of Public Safety.ivisionSafety. of Sec.

43.for Intoxication before the effective date of this act pursuant to NRS 484C.480 remain in effect and may be enforced by the Department of Public Safety until the Department adopts regulations to repeal or replace those regulations.

Any regulations adopted by the Committee on Testing for Intoxication before the effective date of this act pursuant to NRS 484C.480 remain in effect and may be enforced by the Department of Public Safety until the Department adopts regulations to repeal or replace those regulations.

Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period - 81st Session (2021) – 60 – prescribed for the return of a fiscal note in NRS 218D.475.

TEXT~~~~~ OF21 REPEALED- SECTIONS81st 484C.395Session Requirements(2021) for offender in program.

Any person who is assigned to the program:

1.

Shall abstain from alcohol and prohibited substances while assigned to the program.

2.

Shall undergo testing to determine the presence of alcohol in the person’s system:

(a) Except as otherwise provided in paragraph (b), not less than two times each day at a testing location established by a designated law enforcement agency pursuant to NRS 484C.393 so that immediate sanctions can be applied;

- *AB427_R1* – 58 – (b) If being tested two or more times each day is not practical, by an alternate method consistent with NRS 484C.392 that allows timely sanctions to be applied;

or (c) By any other alternate method consistent with NRS 484C.392.

3.

Shall undergo random testing not less than two times each week to determine the presence of a prohibited substance in the person’s system.

sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, immediate incarceration.

5.

Is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490 if the driver’s license of the person is suspended or revoked.

484C.450 “Device” defined.

As used in NRS 484C.450 to 484C.480, inclusive, unless the context otherwise requires, “device” means a mechanism that:

alcohol in his or her breath;

anddetermine the concentration of 2.

If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevents the motor vehicle in which it is installed from starting.

H - *AB427_R1*