SB 35 — Revises provisions relating to controlled substances. (BDR 40-423)

Existing law provides that a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating certain provisions of existing law governing controlled substances if the evidence to support the penalty was obtained as a result of the person seeking medical assistance.

(NRS 453C.150) Section 10 of this bill includes trafficking and high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or mixture that contains illicitly manufactured fentanyl or any derivative of fentanyl among the offenses for which a person may not be penalized under such circumstances.

Existing law requires the Director of the Department of Corrections to establish disorders who have been sentenced to imprisonment in the state prison.

(NRScurring 209.4236, 209.425) Existing law additionally provides that the treatment of a prisoner in a local jail or detention facility who has a substance use disorder may include medication-assisted treatment.

(NRS 211.140) Section 12.3 of this bill requires the Director, to the extent that money is available, to establish a program to provide for the treatment of offenders with a substance use disorder using medication-assisted treatment.

and (2) each offender who the Director has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions - 82nd Session (2023) – 3 – imposed by the Director to be deemed eligible to participate in the program and denyingoffered an offender the abilityopportunity to participateparticipate. in the program or terminating his or her participation in the program for certain reasons.

Finally,Section section 12.3 providesprohibits thatthe anDirector offenderfrom whodenying participatesan inoffender the programability is not subject to disciplineparticipate onin the basisprogram thator theterminating resultshis ofor aher screeningparticipation testin administered to the offenderprogram indicatedfor thecertain presencereasons. of a controlled substance.

Finally, section 12.3 provides that an offender who participates in the program is not subject to discipline on the presence of a controlled substance.

-Section *SB35_R1*1.8 –of 3this –bill THErequires PEOPLEeach OFstate THEand STATElocal OFlaw NEVADA,enforcement REPRESENTEDagency INand SENATEthe ANDNevada ASSEMBLY,Sentencing DOCommission ENACTto ASsubmit FOLLOWS:to the Joint Interim Standing numbered year a report containing certain information regarding:

(1) persons who have been charged with trafficking or high-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture that contains illicitly manufactured fentanyl or any derivative of fentanyl or intentional misrepresentation of a fentanyl product;

(2) programs for the treatment of persons incarcerated in the state prison or a county, city or town jail or detention facility;

and (3) drug overdoses that resulted in the death of certain persons which were due to fSection 14 of this bill requires the Joint Interim Standing Committee on the Judiciary to conduct a study during the 2023-2024 interim concerning the possible upgrading of forensic laboratories in this State to enable such laboratories to perform quantitative testing involving controlled substances.

EXPLANATION – Matter in bolded italics is new;

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

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

Chapter 453 of NRS is hereby amended by adding thereto athe newprovisions sectionset toforth read as follows:sections 1.5, 1.7 and 1.8 of this act.

ExceptSec. as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

1.5.

Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

Is 1428 grams or more, but less than 2842 grams, is guilty of mid-level trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 21 yearsyear and a maximum term of not more than 1510 yearsyears. and by a fine of not more than $100,000.

- 82nd Session (2023) – 4 – high-level trafficking and shall be punished for a category By of felony 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.

Sec.

1.7.

Unless a greater penalty is provided pursuant to NRS 453.333 or 453.334, a person who sells to another person a mixture containing fentanyl and another controlled substance and who:

1.

Knows that the mixture contains fentanyl;

and 2.

Intentionally fails to inform the purchaser that the mixture contains fentanyl,  is guilty of intentional misrepresentation of a fentanyl product and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not more than $50,000.

even-numbered year, each law enforcement agency and theach Nevada Sentencing Commission, with the assistance of the Department of Sentencing Policy, shall submit to the Joint Interim Standing Committee on the Judiciary a report which must contain the following information, to the extent that such information is in the possession of the agency:

(a) The number of persons that were charged with a violation of section 1.5 or 1.7 of this act in the period since the last report;

(b) For each person who has ever been charged with a violation of section 1.5 or 1.7 of this act, the following information, if the information has not been included in a previous report:

(1) The race, gender, zip code, employment status and age of the person;

(2) Whether another criminal charge was filed in the person(3) Whether the person was represented by court-appointed counsel or otherwise determined to be indigent;

(4) The disposition of the case, including, without limitation, any sentence imposed on the person;

(5) Whether any portion of the sentence of the person was suspended or the person was granted probation and, if so:

(I) Whether the person has successfully completed the suspended sentence or probation;

and - 82nd Session (2023) – 5 – has been revoked and, if so, whether the revocation was a result of a technical violation or a new criminal case;

and (6) Whether the court ordered the person to complete treatment for a substance use disorder and, if so, the type of treatment so ordered;

(c) The number of deaths in the period since the last report caused by a drug overdose due to fentanyl or a controlled substance analog for fentanyl that occurred in the state prison or any county or city jail or detention facility or other correctional facility in this State or while the deceased person was under a suspended sentence or on probation, parole or pretrial release;

and (d) Any significant developments in the period since the last report concerning any program of treatment implemented for the treatment of persons incarcerated in the state prison or any county, city or town jail or detention facility or other correctional medication-assisted treatment and other appropriate withdrawal management care.

IsAs 28used gramsin orthis more,section, is“law guiltyenforcement ofagency” high-levelmeans traffickingan andagency, shalloffice beor punishedbureau forof athis categoryState Aor felonya bypolitical imprisonmentsubdivision inof this State, the stateprimary prison:duty of which is to enforce the law.

(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served;

or (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,  and by a fine of not more than $500,000.

1.9.

NRS 453.321 is hereby amended to read as follows:

453.321 1.

Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;

(b) Manufacture or compound a counterfeit substance;

or (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

Unless a greater penalty is provided in NRS 453.333 or and the controlled substance is classified in schedule I or II, then 1 person shall be punished:

(a) For the first offense, for a category C felony as provided in NRS 193.130.

(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a - 82nd Session (2023) – 6 – minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

3.

Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

4.

Unless a greater penalty is provided in NRS 453.333 or substance is classified in schedule III, IV or V, the person shall be punished:

(a) For the first offense, for a category D felony as provided in NRS 193.130.

(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category C felony as provided in NRS 193.130.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by than 2 years and a maximum term of not more than 10 years, ands may be further punished by a fine of not more than $15,000 for each offense.

5.

Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

- 82nd Session (2023) – 7 – Sec.

2.

(a)marijuana.ufacture Manufacture or compound a controlled substance other than mar(b)(b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:

- *SB35_R1* – 4 –  The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.

Unless a greater penalty is provided in subsection 3 or NRS 453.3385, or section 11.5 of this act, a person who violates any provision of subsection 1 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 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

(a)- Acetic82nd anhydride.Session (2023) – 8 – (b) Acetone.nhydride.

(b) Acetone.

(r) Iodine.

- *SB35_R1* – 5 – (v) 3,4-Methylenedioxy-phenyl-2-propanone.

(ff) Potassium permanganate.

Sec.- 82nd Session (2023) – 9 – 453.333 NIf the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder.

3.

NRS 453.333 is hereby amended to read as follows:

453.333 If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder.

If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385 or 453.339 or section 11.5 of this act or a law of any other jurisdiction which prohibits the same conduct.

453.3353except 1.as otherwise provided in this section and NRS 193.169, if:

Unless(a) aA greaterperson penaltyviolates isNRS provided453.322 byor law,453.3385, or section 1.5 of this act, and exceptthe asviolation otherwiseinvolves providedthe inmanufacturing thisor sectioncompounding andof NRSany 193.169,controlled if:substance other than marijuana;

(a)and A(b) personDuring violatesthe NRSdiscovery 453.322or cleanup of the premises at, on or 453.3385,in which the controlled substance was manufactured or sectioncompounded, 1another ofperson thissuffers act,substantial andbodily harm other than death as the violationproximate involvesresult of the manufacturing or compounding of anythe controlled substancesubstance, other thanthe marijuana;person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense.

and (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as - *SB35_R1* – 6 – the proximate result of the manufacturing or compounding of the controlled substance,  the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense.

Unless a greater penalty is provided by law, and except as otherwiseoth(a) providedA inperson violates NRS 193.169,453.322 if:or 453.3385, or section 1.5 of this act, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana;

(a)and A(b) personDuring violatesthe NRSdiscovery 453.322or cleanup of the premises at, on or 453.3385,in which the controlled substance was manufactured or sectioncompounded, 1another ofperson thissuffers act,death andas the violationproximate involvesresult of the manufacturing or compounding of anythe controlled substancesubstance, other- than82nd marijuana;Session (2023) – 10 –  the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:

and (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,  the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:

(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served;

ororility for (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

453.336person 1.shall not knowingly or intentionally possess a controlled a substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

Except as otherwise provided in subsection 6, a person shall not knowingly or intentionally possess a controlled - *SB35_R1* – 7 – substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 or 453.339, or section 11.5 of this act, a person who violates this section:

(a) For a first or second offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and- the82nd quantitySession possessed(2023) is– less11 than– 28 grams, is guilty of possession of a controlled substance and shall be punished for a category E felony as provided in NRS 193.130.

(c) If the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.

(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is - *SB35_R1* – 8 – guilty of high-level possession of a controlled substance and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $50,000.

of 3.

- 82nd Session (2023) – 12 – 4.

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

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

- *SB35_R1* – 9 – (a) “Controlled substance” includes flunitrazepam, gamma- hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-- hydroxybutyrate,82nd Session (2023) – 13 – gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-gamma-hydroxybutyrate hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.

Unless a greater penalty is provided in NRS 453.3385 or 453.339, or section 1 of this act, a person who violates this section shall be punished:

this act, a person who violates this (a) For the first offense, for a category D felony as provided in NRS 193.130.

Except as otherwise provided in this subsection, unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted of violating this section and the punishable pursuant to paragraph (b) or (c) of subsection 2.

The court shall not grant probation to or suspend the sentence of a person convicted of violating this section, even if mitigating circumstances exist that would otherwise warrant the granting of probation, if the person violated this section by possessing flunitrazepam, gamma-hydroxybutyrate or any substance for which - *SB35_R1* – 10 – flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

453.3383 For the purposes of NRS 453.3385 and 453.339, and section 11.5 of this act, the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.

- 82nd Session (2023) – 14 – Sec.

8.

NRS 453.3385 is hereby amended to read as follows:

453.3385 [1.] Except as otherwise provided in NRS 453.339 and section 1 of this act and except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I or II, [except marijuana,] or any mixture which contains any such controlled substance, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

[(a)] 1.

Is 100 grams or more, but less than 400 grams, is guilty of low-level trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not more than $100,000.

[(b)] 2.

Is 400 grams or more, is guilty of high-level trafficking and shall be punished for a category A felony by imprisonment in the state prison:

[(1)] (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served;

or [(2)] (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,  and by a fine of not more than $500,000.

[2.

As used in this section, “marijuana” does not include concentrated cannabis.] Sec.

NRS(DNRS 453.3405 is hereby amended to read as follows:

Except as otherwise provided in subsection[subsection] 2,subsections 2 [,] and 4, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385 or 453.339 or section 11.5 of this act must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.

- *SB35_R1* – 11 – 2.

The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385 or 453.339 or section 11.5 of this act if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense.

Upon good cause shown, the motion may be heardhea3. in camera.

3.inAny appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

Sec.4.

10.The court may suspend the sentence of any person person establishes, by a preponderance of the evidence, that theif the person did not know that the mixture at issue contained illicitly manufactured fentanyl.

NRSIf 453C.150a isperson herebyconvicted amendedof toviolating readany provision of section 1.5 of this act claims that he or she did not know that the mixture at issue contained illicitly manufactured fentanyl, the court shall, at sentencing, make findings of fact and state its reasoning on the record as follows:to whether the person has met the burden of proof pursuant to this subsection.

- 82nd Session (2023) – 15 – 453C.150 1.NRS1.

(a) Except as otherwise provided in subsection 4, a[a] section 1.5 of this act or any other provision of chapter 453 of NRS relating to:

(2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393 or 453.3405453.3405; [;] or section 1 of this act;

or (3) Use of a controlled substance, including, without limitation,lim(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;

(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;

or (d) A condition of the person’s parole or probation, - *SB35_R1* – 12 –  if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.

3.assistance if the person:of this section, a person seeks medical (a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;

For the purposes of this section, a person seeks medical assistance if the person:

(a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;

or - 82nd Session (2023) – 16 – (d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.

The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.

and - *SB35_R1* – 13 – (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal BureauBur3.u oEach agency of Investigation.criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division.

3.

Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division.

The Division shall- delete82nd allSession references(2023) – 17 – particular arrest.eferences in the Central Repository relating to that particular4. arrest.

4.

(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintainedmaintainedg regarding him or her.

- *SB35_R1* – 14 – (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

and (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

(3)- Who82nd hasSession applied(2023) to– any18 agency– of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

(2) Employment;

- *SB35_R1* – 15 – 8.

(b) Tabulate and analyze all records, reports and compilations of sta(c) Disseminate to federal agencies engaged in the collection of statistical data receivedrelating pursuant to thiscrime section.information which is contained in the Central Repository.

(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

or (3)- Is82nd employedSession by(2023) – 19 – charter school or volunteersprivate school,nteers for a county school district, charter school or private school,  and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or section 11.5 of this act, or convicted of a felony or any offense involving moral turpitude.

or (2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,investigation,e sent  who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or section 11.5 of this act, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation.

(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, - *SB35_R1* – 16 – 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

(g) Provide an electronic means to access on the Central Repository’s Internet website statistical data relating to crime.

(j)- Adopt82nd regulationsSession governing(2023) biometric– identifiers20 and– the information and data derived from biometric identifiers, including, without limitation:

The Central Repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime which is requiredcollected pursuant to submitthis informationparagraph pursuantmust be used to subsectionpay 2.for the cost of operating the Central Repository.

All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

- *SB35_R1* – 17 – (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person;

andbirth and photograph or computer-generated image (2) A biometric identifier of a person.

- 82nd Session (2023) – 21 – 2.

5.

Kidnapping;

Battery with intent to commit a crime in violation of NRSNRS21. 200.400;

21.

Any violation of NRS 453.232, 453.316 to 453.339, inclusive, and sectionsections 11.5 and 1.7 of this act, or NRS 453.375 to 453.401, inclusive;

- *SB35_R1* – 18 – 24.

- 82nd Session (2023) – 22 – 29.

32.insurance fraud pursuant to NRS 686A.291;0 or 686A.290, or 33.

Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

33.

and (b) Require that all decisions regarding the type, dosage or duration of any medication administered to an eligible offender as part of his or her medication-assisted treatment be made by a treatingtre3.inExcept physicianas otherwise provided in this section, any offender who the Director has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions imposed by the Director pursuant to subsection 4 is eligible offender.to participate in the program established pursuant to subsection 1 and must be offered the opportunity to participate.

3.If an offender received medication-assisted treatment immediately preceding his or her incarceration, the offender is eligible to continue that medication-assisted treatment as a participant in the program.

Except as otherwise provided in this section, any offender who the Director has determined has a substance use disorder for which a medication-assisted treatment exists and who meets any reasonable conditions imposed by the Director pursuant to subsection 4 is eligible to participate in the program established pursuant to subsection 1 and must be offered the opportunity to participate.

If an offender received medication-assisted treatment - *SB35_R1* – 19 – immediately preceding his or her incarceration, the offender is eligible to continue that medication-assisted treatment as a participant in the program.

Except as otherwise provided in this subsection, the Director may impose reasonable conditions for an offender to be eligible to participate in the program established pursuant to subsection 1 and to continue his or her participation in the - 82nd Session (2023) – 23 – program.

(a) The results of a screening test administered to the offender upon the commencement of his or her incarceration or upon the commencement of his or her participation in the programprogramon the indicated the presence of a controlled substance;

(a) Provide each eligible prisoner who participates in the program with appropriate medication-assisted treatment for the period in which the prisoner is incarcerated;

Except as otherwise provided in this section, any prisoner who the sheriff, chief of police or town marshal has determined has a substance use disorder for which a medication-assisted - *SB35_R1* – 20 – treatment exists and who meets any reasonable conditions imposed by the sheriff, chief of police or town marshal pursuant to subsection 4 is eligible to participate in the program established pursuant to subsection 1 and must be offered the opportunity to participate.

If a prisoner received medication-assisted treatment immediately preceding his or her incarceration, the prisoner is - 82nd Session (2023) – 24 – eligible to continue that medication-assisted treatment as a participant in the program.

Except as otherwise provided in this subsection, the sheriff, chief of police or town marshal may impose reasonable conditions for a prisoner to be eligible to participate in the programprogramtions established pursuant to subsection 1 and to continue his or her participation in the program.

Sec.391.650.

13.NRAs used in NRS 391.650 to 391.826, inclusive, unless the context otherwise requires:

NRS 391.650 is hereby amended to read as follows:

391.650 As used in NRS 391.650 to 391.826, inclusive, unless the context otherwise requires:

“Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include - *SB35_R1* – 21 – transfer or reassignment for purposes of an administrative reorganization.

(a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, - 82nd Session (2023) – 25 – 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, and section 11.5 of this act, 453.560 or 453.562;

or (b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school.

As used in this paragraph, “sexual con5.ct“Postprobationaryconduct” employee” means an administrator or a teacher who has completed the probationarymeaning periodascribed asto providedit in NRS 391.820201.520. and has been given notice of reemployment.

5.

“Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.820 and has been given notice of reemployment.

HSec. - *SB35_R1*

14.

1.

The Joint Interim Standing Committee on the Judiciary shall conduct a study during the 2023-2024 interim concerning the possible upgrading of forensic laboratories in this State to enable such laboratories to perform quantitative testing limitation, an analysis of:nces.

The study must include, without (a) The costs and benefits of performing such upgrades;

and (b) The impact of such upgrades on this State.

2.

The Committee shall include its finding and recommendations for legislation relating to the study in the report required by subsection 4 of NRS 218E.330 to be prepared and submitted to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature.

Sec.

15.

Notwithstanding the provisions of section 1.8 of this act, each law enforcement agency and the Nevada Sentencing Commission shall submit to the Joint Interim Standing Committee on the Judiciary the first report required by that section on or before March 1, 2024.

For the purposes of the first report submitted by an agency pursuant to this section, any reference in section 1.8 of this act to the period since the last report shall be deemed to refer to the - 82nd Session (2023) – 26 – period beginning on October 1, 2023, and ending on the date on which the first report is submitted by the agency.

Sec.

16.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

~~~~~ 23 - 82nd Session (2023)