SB 59 — Revises provisions relating to vessels. (BDR 43-225)

- *SB59_R1* – 4 – (a) A person is arrested for:

Except as otherwise provided in subsection 2, and subject to the limitation imposed by NRS 484A.782, a grace period- of82nd notSession less(2023) than– 304 calendar– days must be provided to a person who has failed to appear in court or failed to pay anyanya administrative assessment, fine or court fee imposed upon the person for a violation of any provision of chapters 484A to 484E, inclusive, of NRS before a warrant can be issued for such a failure to appear or failure to pay.

or (c) During the immediately preceding 30 calendar days, the person was released from custody and given a date to return to court but failed to appear in court.

or - *SB59_R1* – 5 – (c) Driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.

violation of NRS 484C.110, 484C.120 or Sec.

When a program of treatment is ordered pursuant to NRS 484C.340 or 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.

- 82nd Session (2023) – 5 – (a) Order the offender to be placed under the supervision of a treatment provider, then release the offender for supervised aftercare in the community;

or (b) Release the offender for treatment in the community,  forf2. the period of supervision ordered by the court.

2.The court shall:pervision ordered by the court.

The court shall:

or (b) Engages in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,  after the treatment provider has certified that the offender has successfully completed a program of treatment ordered pursuant to NRSNRSSecs. 484C.340 or subsection 1 of NRS 484C.400.

5-7.

(Deleted by amendment.)84C.400.

5.

(Deleted by amendment.) Sec.

6.

(Deleted by amendment.) Sec.

7.

(Deleted by amendment.) - *SB59_R1* – 6 – Sec.

- 82nd Session (2023) – 6 – 5.

“Decontaminate” means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.conveyance., 6.

6.

“Mechanically propelled personal hydrofoil” means a power-driven vessel that consists of a board fitted with a mast extending below the board that is attached to a fuselage with a forward wing, rear stabilizer and electric motor or internal combustioncom13. engine.

13.

- *SB59_R1* – 7 – [11.] 14.

- 82nd Session (2023) – 7 –  “Owner” does not include a person defined as a “legal owner” under subsection [9.] 11 or a person who is leasing a vessel where the vessel is not a security interest under the lease.

“Person” has the meaning ascribed to it in NRS 0.039 andand[13.] includes,17., withoutw“Power-driven limitation,vessel” ameans governmentalany entity.vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

[13.] 17.

“Power-driven vessel” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

A vessel is “under way” if it is adrift, making way or beingor propelled, and is not aground, made fast to thea shore,dock or tiedmooring.d, or made fast to athe dockshore, or mooring.tied [18.] 25.

[18.] 25.

- *SB59_R1* – 8 – [19.] 26.

Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented [motorboat,] power-driven vessel, the Department shall assign an appropriate state hull number to the [motorboat] - 82nd Session (2023) – 8 – power-driven vessel whenever there is no builder’s hull identification number thereon, when the builder’s hull identification number has been destroyed or obliterated, or if the builder’s hull identification number does not meet the requirements prescribedmust bybe permanently marked on an integral part of the Unitedhull Stateswhich Coastis Guard.accessible for inspection.

The state hull number must be permanently marked on an integral part of the hull which is accessible for inspection.

Any person who purchases or otherwise owns a [motorboat] power-driven vessel before January 1, 1972, is not required to obtain title for the [motorboat] power-driven vessel until the person transfers any portion of his or her ownership in the [motorboat] power-drivenpowSec. vessel to another person.

Sec.

- *SB59_R1* – 9 – (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

and (b)- Except82nd asSession otherwise(2023) provided– in9 subsection– 2 of NRS 488.125, an annual fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the [motorboat:] power- driven vessel:

Less than 13 feet.................................................................$20 13 feet or more but less than 18 feet.....................................25 18 feet or more but less than 22 feet.....................................40 22 feet or more but less than 26 feet.....................................55 26 feet or more but less than 31 feet.....................................75 31 feet or more ..................................................................100 Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and, except as otherwise provided in NRS 488.536, may be expended only for the administration and enforcement of the provisions of this chapter.

On or before December 31 of each year, the DepartmentDepartmentof this shall deposit with the State Education Fund 50 percent of each fee collected according to the [motorboat’s] length of the power-driven vessel for every [motorboat] power-driven vessel registered.

The fee for a validation decal is determined by the straight line length of the [motorboat] power-driven vessel and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsectionvalidation 2.decal is $20.

The amount of the fee for issuing a duplicate validation4. decal is $20.

- *SB59_R1* – 10 – 4.

- 82nd Session (2023) – 10 – 6.

The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon [motorboats] power-driven vessels operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those [motorboats.] power- driven vessels.

The fee for the issuance or renewal of a certificate of number for 2 years, if allowed, is an amount which is equal to twice the annual fee for the [motorboat] vessel set forth in paragraph (b) of subsection 2 of NRS 488.075.

- *SB59_R1* – 11 – 2.

488.165 No number or decal other than the number or decal awarded to a [motorboat] vessel or granted reciprocity pursuant to the provisions of this chapter may be painted, attached or otherwise - 82nd Session (2023) – 11 – Only the current decal may be displayed or otherwise attached on either side of the bow of such [motorboat.] vessel.

Only the current decal may be displayed or otherwise attached on either side of the bow of such [motorboat.] vessel.

(e) A [motorboat] vessel belonging to a class of [boats] vessels which has been exempted from numbering by the Department after the DepartmentDep(1) hasThat found:the numbering of [motorboats] vessels of that class will not materially aid in their identification;

(1) That the numbering of [motorboats] vessels of that class will not materially aid in their identification;

[As used in this subsection, “state of principal operation” means a state in whose waters a motorboat is primarily operated during a calendar year.] 3.of exempt numbers for [motorboats] vessels not required to beance registered under the provisions of this chapter.

The Department may, by regulation, provide for the issuance of exempt numbers for [motorboats] vessels not required to be registered under the provisions of this chapter.

- *SB59_R1* – 12 – (a) Covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state;

Sec.- 82nd Session (2023) – 12 – 488.1793 Except as otherwise provided for the creation ors:

17.transfer of a security interest or the transfer on death of a certificate of ownership pursuant to NRS 488.1794, no transfer of title to or any interest in any [motorboat] power-driven vessel required to be numbered under this chapter is effective until one of the following conditions is fulfilled:

NRS 488.1793 is hereby amended to read as follows:

488.1793 Except as otherwise provided for the creation or transfer of a security interest or the transfer on death of a certificate of ownership pursuant to NRS 488.1794, no transfer of title to or any interest in any [motorboat] power-driven vessel required to be numbered under this chapter is effective until one of the following conditions is fulfilled:

Sec.

18.

NRS 488.1795 is hereby amended to read as follows:

The Department may receive the application and examine into the circumstances of the case and may require an inspection of the power-driven vessel and the filing of affidavits or otherotherion of information.

- *SB59_R1* – 13 – 488.1827 The Department may suspend or revoke any certificate of ownership, certificate of number or number of any [motorboat]- vessel82nd ifSession it(2023) is– satisfied13 that– any such certificate or number was fraudulently obtained, or that the appropriate fee waswasr not paid.

Every [motorboat] power-driven vessel or sailing vessel in all weathers from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C., must carry and exhibit the following lights when underway, and during that time other lights which may be mistaken for those prescribed must not be exhibited:

which may be mistaken (a) Every [motorboat] power-driven vessel of classes A and 1 must carry the following lights:

(1) A bright white light in the forepart of the power-driven vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the power-driven vessel, from right ahead to 2 points abaft the beam on either side.(2) A bright white light aft to show 12 points.

(2) A bright white light aft to show 12 points.

The - *SB59_R1*82nd Session (2023) – 14 – side lights must be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

(c) [Vessels] Sailing vessels of classes A and 1 [when propelled by sail alone] must carry the combined lantern in the forepart of the sailingvessels vesselof classes 2 and 3 [, when so propelled,] must carry theng colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.

[Vessels] Sailing vessels of classes 2 and 3 [, when so propelled,] must carry the colored side lights, fitted so as to prevent these lights from being seen across the bow and a white 12-point stern light.

Except for vessels anchored or moored in an area designated by the Commission as an anchoring or mooring area pursuant to the provisions of NRS 488.265, every vessel, [whether propelled by sail or machinery,] when anchored or moored between sunsetwhite andlight sunriseclearly wherevisible otherin vesselsall maydirections.igate navigate , must display a white[7.] light6. clearly visible in all directions.

[7.] 6.

Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one [personal flotation device] life jacket of [a] an appropriate size and type for the person for whom it is intended that has been approved- by82nd theSession United(2023) States– Coast15 Guard– and meets any requirements prescribed by the regulations of the Commission for - *SB59_R1* – 15 – each person on board and any person in a vessel being towed, so placed as to be readily accessible for use in an emergency.

In addition to the requirements set forth in subsection 1, unless exempted by the United States Coast Guard or the regulations of (a) Every vessel which is 16 feet or more in length but less than feet in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a [type IV] throwable personal flotation device approved by the Commission:United States Coast Guard , [which is capable of being thrown,] such as a ring life buoy or buoyant cushion.

(a) Every vessel which is 16 feet or more in length but less than 26 feet in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a [type IV] throwable personal flotation device approved by the United States Coast Guard , [which is capable of being thrown,] such as a ring life buoy or buoyant cushion.

(b) Except as otherwise provided in this paragraph, every vessel which is 26 feet or more in length, regardless of its method of propulsion, must carry, so placed as to be readily accessible for use in an emergency, a [type IV] throwable personal flotation device approved by the United States Coast Guard , [which is capable of beingnot thrown,]less suchthan as30 afeet ringof lifethrowing buoyline attached.] If the vessel is 40 feet or buoyantmore cushionin .length, such a [type IV] throwable personal flotation device must be carried on both the fore and the aft of the vessel.

[, with not less than 30 feet of throwing line attached.] If the vessel is 40 feet or more in length, such a [type IV] throwable personal flotation device must be carried on both the fore and the aft of the vessel.

- 82nd Session (2023) – 16 – 3.

Every [motorboat] power-driven vessel, except a mechanically propelled personal hydrofoil or a motorized surfboard, must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the - *SB59_R1* – 16 – Commission.

A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property.property.e 2.

2.

(1)- Such82nd Session (2023) – 17 – such a condition] position as to interfere with navigation ;

[or in such a condition] (2) Such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another [.] ;

- *SB59_R1* – 17 – (c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.

(e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health,heaSec. safety or welfare.

Sec.

The Director of the Department may require an applicant, or the sponsor of the event, as a condition of the approval of a regatta, [motorboat or other boat] vessel race, marine parade, tournament ororta, exhibition, to enter into an agreement to reimburse the Department for expenses incurred by the Department to ensure that the event is conducted safely, including, without limitation, expenses for equipment used, expenses for personnel and general operating expenses.

The application must set forth the date, time and location where it is proposed to hold the regatta, [motorboat or other boat] vessel race, marine parade, tournament or exhibition, the type of - 82nd Session (2023) – 18 – vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied.

The provisions of this section do not exempt any person fromfroSec. compliance with applicable federal law or regulation.

Sec.

- *SB59_R1* – 18 – 2.

(a) Is under the influence of a controlled substance;

- 82nd Session (2023) – 19 – Urine Blood Nanograms per Nanograms per Prohibited substance milliliter milliliter (a) Amphetamine 500 100 (b) CocaineCocainemine 150 50150 (c) Cocaine metabolite 150 50 (d) Heroin 2,000 50 (e) Heroin metabolite:

(1) Morphine 2,000 50 (2) 6-monoacetyl morphine 10 10 - *SB59_R1* – 19 – Urine Blood Nanograms per Nanograms per Prohibited substance milliliter milliliter 5 (f) Lysergic acid diethylamide 25 10 (g) Methamphetamine 500 100 (h) Phencyclidine 25 10 9 4.

Blood Nanograms per Prohibited substance milliliterNanogramilliliter (a) Marijuana (delta-9-tetrahydrocannabinol) 2 (b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 5.

A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or- hearing82nd orSession at(2023) such– other20 time– as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

- *SB59_R1* – 20 – (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or being in actual physical control of a power-driven vessel or sailing vessel under [power or sail;] way;

or (f) Has a prohibited substance in his or her blood or urine, as applicable, in an amount that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 488.410,  and does any act or neglects any duty imposed by law while operating or being in actual physical control of any power-driven vessel or sailing vessel under [power or sail,] way, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, 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 20 years and shall be further punished by a fine of not lessmust, thaninsofar $2,000as norpracticable, morebe thansegregated $5,000.from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

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

A sentence imposed pursuant to subsection- 82nd Session (2023) – 21 – granted.on 1 must not be suspended, and probation must not be granted.3.

3.

- *SB59_R1* – 21 – 4.

Sec.488.425 1.RS 488A person commits homicide by vessel if the person:

29.

NRS 488.425 is hereby amended to read as follows:

488.425 1.

A person commits homicide by vessel if the person:

(5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of anyanycal, of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a power-driven vessel or sailing vessel under [power or sail;] way;

- 82nd Session (2023) – 22 – (b) Proximately causes the death of another person while operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail;] way;

2.category A felony and shall be punished by imprisonment in the state prison:

A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other - *SB59_R1* – 22 – 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 consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the power-driven vessel or sailing vessel, as applicable, under way and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath.

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

(b) A homicide resulting from operating or being in actual physical control of a power-driven vessel or sailing vessel under way- while82nd underSession the(2023) influence– of23 intoxicating– liquor or a controlled substance or resulting from any other conduct prohibited by thisthislled section or NRS 488.410 or 488.420;

(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance;

or -the *SB59_R1* – 23 – (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a power- driven vessel or sailing vessel under [power or sail] way on the waters of this State shall be deemed to have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or herherly blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a peace officer having reasonable grounds to believe that the person to be tested was:

(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the - 82nd Session (2023) – 24 – influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine;

2.unconscious, the officer shall direct that samples of blood from theor person be tested.

If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of - *SB59_R1* – 24 – witnesses whose testimony in court is necessary because of the use of the blood test.

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

One hundred dollars for giving or waiting to give (c) Except as otherwise provided in NRS 488.470, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

- 82nd Session (2023) – 25 – 8.

(a) Operating or in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine;

or - *SB59_R1* – 25 – (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

If the device for testing breath has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.610, it is presumed that, as designed and - 82nd Session (2023) – 26 – manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types.

If a test to determine the amount of alcohol in a person’sperson’stified breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484C.630 or 484C.640, it is presumed that the person operated the device properly.

A person who is arrested for operating or being in actual physical control of a power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 must be permitted, upon the person’s request and at his or her expense, reasonable - *SB59_R1* – 26 – opportunity to have a qualified person of his or her own choosing administer a chemical test to determine:

(a)(b) TheWhether concentrationa ofcontrolled alcoholsubstance, inchemical, hispoison, ororganich; her blood or breath;

or (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his or her blood or urine.

The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a - 82nd Session (2023) – 27 – power-driven vessel or sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or who was engaging in any other conduct prohibited by NRS 488.410,488(a) 488.420The orblood 488.425tested unless:was withdrawn by a person, other than an arresting officer, who:

(a) The blood tested was withdrawn by a person, other than an arresting officer, who:

No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood -administer *SB59_R1*the –test.by 27 – test when requested by a peace officer or the person to be tested to administerSec. the test.

Sec.

Sec.- 82nd Session (2023) – 28 – 488.575 1.RS 48Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his or her ownership or control on any waters of this State unless each person on the vessel who is less than 13 years of age is wearing a [personal flotation device] life jacket of [a] an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission while the vessel is under way.

36.

NRS 488.575 is hereby amended to read as follows:

488.575 1.

Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his or her ownership or control on any waters of this State unless each person on the vessel who is less than 13 years of age is wearing a [personal flotation device] life jacket of [a] an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission while the vessel is under way.

488.580person 1.to operate a personal watercraft under his or her ownership or control:

A person shall not operate or authorize another person to operate a personal watercraft under his or her ownership or control:

- *SB59_R1* – 28 – (d) Unless the operator satisfies any applicable provisions of NRS 488.730.

(a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.

(d)- Within82nd aSession zone(2023) closer– than29 5– lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.

(b) Has a main helm that is not installed within an enclosed cabin;

Has a main helm that is not installed within an enclosed (c) Is capable of developing 115 pounds or more of static thrust;

A person shall not operate a [motorboat] recreational power-driven vessel that is equipped with an engine cut-off switch - *SB59_R1* – 29 – [at a rate of speed greater than 5 nautical miles per hour] unless the operator has attached the engine cut-off switch link [is attached] to his or her body, clothing or properly worn personal flotation device.

3.

As used in this section:

- 82nd Session (2023) – 30 – The term includes a lanyard or other mechanical device and a wireless cut-off device.

(c) [“Wireless cut-off device” means an engine cut-off switch link that transmits an electromagnetic signal to an engine cut-off switch.] “Static thrust” means the forward or backward thrust developed by propulsion machinery while stationary.stationary.ard thrust Sec.

Sec.

(a) The existence of any alcohol;

or (c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,  the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 - *SB59_R1* – 30 – and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense.

(b)- Sent82nd toSession the(2023) defendant’s– counsel31 and– to the defendant, by registered or certified mail, or personally served on the defendant’s counsel or the defendant;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425.

or (c)alcoholic Thebeverage unlawfulin actviolation of purchasing,NRS consuming202.020.g or possessing an alcoholic2. beverage in violation of NRS 202.020.

- *SB59_R1* – 31 – 2.

or (b)- A82nd physicianSession who(2023) is– certified32 – the Board of Medical Examiners.fied to make that classification by the3. Board of Medical Examiners.

3.

The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and typetyp6. of treatment required for the child.

6.The juvenile court shall:the child.

The juvenile court shall:

(b) Arrange for the billing of any available public or private medicalmed(c) insuranceNot order the parent or guardian of the child to pay the costs for such evaluation and treatment unless the child receives such evaluation and treatment from a provider that is not approved or the child seeks additional evaluation or treatment beyond that recommended for the child, in which case the parent or guardian of the child shall pay the costs of such evaluation and treatment.

(c) Not order the parent or guardian of the child to pay the costs for such evaluation and treatment unless the child receives such evaluation and treatment from a provider that is not approved or the child seeks additional evaluation or treatment beyond that - *SB59_R1* – 32 – recommended for the child, in which case the parent or guardian of the child shall pay the costs of such evaluation and treatment.

After a treatment provider has certified a child’s successful completion of a program of treatment ordered pursuant to this section,- the82nd treatmentSession provider(2023) is– not33 liable– person or property caused by a child who:able for any damages to person(a) Drives, operates or propertyis causedin byactual physical control of a childvehicle who:, a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance;

(a) Drives, operates or is in actual physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of intoxicating liquor or a controlled substance;

(b)administered Orderingby thea childprivate tocompany.d attend a program of treatment which is administered10. by a private company.

10.

A record of any finding that a child has violated the provisions of NRS 484C.110, 484C.120, 484C.130 or 484C.430 must be included in the driver’s record of that child for 7 years after the date of the offense.

- *SB59_R1* – 33 – 2.

- 82nd Session (2023) – 34 – (a) A court issues an order directing that the person be admitted to bail;

or (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.

- *SB59_R1* – 34 – 7.

A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner- 82nd Session (2023) – 35 – more than 12 hours after arrest.arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

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

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

A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or - *SB59_R1*82nd –Session 35(2023) – proceeding36 brought– pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking,stalking,ting a aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:

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

9.

If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary- or82nd extendedSession order(2023) for– protection37 against– sexual assault pursuant to NRS 200.378;

or -for *SB59_R1*protection –against 36sexual –assault (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

 The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount deemed to have a previous conviction of bail.violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

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

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

(a)- Public82nd offensesSession and(2023) shall– not38 be– soor resolution of a county, city or town.so treated in any ordinance or(b) resolutionElements of an offense giving rise to a county,criminal citypenalty or town.civil sanction.

(b) Elements of an offense giving rise to a criminal penalty or civil sanction.

- *SB59_R1* – 37 – (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

andand(d) (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

If a licensed facility for the treatment of persons with an alcohol use disorder that has been certified by the Division for civil protective custody exists in the community where the person isisor civil found, the person must be delivered to the facility for observation and care.

4.- 82nd Session (2023) – 39 – for a public offense must immediately be taken to a securee officer detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment.

An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment.

- *SB59_R1* – 38 – 5.

7.is apprehended or arrested for:ction do not apply to a person who (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

The provisions of this section do not apply to a person who is apprehended or arrested for:

(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

and (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.town.ch is set forth Sec.

Sec.

(a)- Driving,82nd operatingSession or(2023) being– in40 actual– physical control of a vehicle , a power-driven vessel or a sailing vessel under [power or sail] way while under the influence of cannabis.

- *SB59_R1* – 39 – (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged or assisted in the medical use of cannabis in:

or (II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders;

Except as otherwise provided in NRS 678C.240 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.

Sec.- 82nd Session (2023) – 41 – 678D.300 NRS 1.

47.

NRS 678D.300 is hereby amended to read as follows:

678D.300 1.

- *SB59_R1* – 40 – (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged in the adult use of cannabis in:

(I) Except as otherwise provided by regulations adopted by the Board pursuant to NRS 678B.645, any public place or in any place open to the public or exposed to public view;

ore or in any (II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders;

(e) Knowingly delivering cannabis to another person who is not 21 years of age or older unless:

(2) The person demanded and was shown bona fide documentary evidence of the age and identity of the recipient issued by a federal, state, county or municipal government, or subdivision or agency2.encAs thereof.used in this section, “school property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

2.

As used in this section, “school property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term “power-driven vessel” for the term “motorboat.” - 82nd Session (2023) – 42 – 2.

Notwithstanding the amendatory provisions of this act, a sailing vessel or human-powered vessel for which this State is the state of principal operation is not required to bebeis numbered until January 1, 2024.

-(a) *SB59_R1*Upon –passage 41and –approval for the purpose of adopting any regulations and performing any other preparatory administrativeyadministrative tasks that are necessary to carry out the provisions of this act;

H~~~~~ 23 - *SB59_R1*82nd Session (2023)