SB 457 — Revises provisions relating to public safety. (BDR 15-1038)

(NRS 176.211,178.4849) 176A.240,Section 176A.245,53 176A.260, 176A.265, 176A.290, 176A.295) Sections 42, 44, 46 and 49 of this bill provideprovides that the automatic48 recordhours sealingwithin provisionswhich do not apply to such persons who were charged with certain offenses related to the abuse or neglect of a childpretrial orrelease thehearing abusemust ofbe anheld olderexcludes orlegal vulnerableholidays. person.

Existing law requires a court to release any bail at the time of sentencing, if the case,court has not already done so, unless the defendant owes fines and costs, in which Section 56 of this bill provides that under these circumstances if the bail has been deposited by a person other than a surety, and upon notice and the agreement of the person, the bail must first be applied towards the finespayment andof costs.any restitution owed by the defendant.

(NRS 178.522, 178.528) Section 56 of this bill provides that under these circumstances if the bail has been deposited by a person other than a surety, and upon notice and the agreement of the person, the bail must first be applied towards the payment of any restitution owed by the defendant.

(1) a district attorney and any attorney employed by a district attorney to prosecute a person in a county other than the county by which the district attorney is employed for the limited purpose of conducting a pretrial a weekend or holiday to serve as a prosecuting attorney in a pretrial release hearing.hearing;

(NRSand 178.760)(2) Sectionsuch 58an of this bill similarly authorizes a city attorney in a county whose population is less than 100,000 (currently all counties except Clark and Washoe Counties) to bereceive deputized to prosecute a personstipend infor thebeing countyavailable thaton encompasses(NRS the178.760) citySection attorney58 for the limited purpose of servingthis asbill asimilarly prosecuting - *SB457_R2* – 4 – stipend for such services.ease hearing, and authorizes thea city attorney toin receiveaearing. the Existing law authorizes the establishment of correctional programs and judicial programs for the reentry of offenders and parolees into the community.

county whose population is less than 100,000 (currently all counties except Clark and Washoe Counties) to be deputized to prosecute a person in the county that encompasses the city attorney for the limited purpose of serving as a prosecuting attorney in a pretrial release hearing, and authorizes the city attorney to receive the stipend for such services.

Existing law establishes procedures related to transactional immunity for witnesses in criminal cases.

(NRS 178.572-178.578) Sections 57 and 88 of this bill revise and repeal these provisions to establish derivative use immunity for such witExisting law authorizes the establishment of correctional programs and judicial programs for the reentry of offenders and parolees into the community.

Existing law authorizes the Director of the Department of Corrections and the sheriff, chief of police or town marshal to establish programs for the treatment of prisoners with a substance use disorder using medication-assisted treatment.

(NRSof(NRS 209.4247, 211.400) Sections 61 and 62 of this bill require persons who establish such programs to collaborate with the Department of Health and Human Services if the program relates to opioid use disorder.

(NRS 244.143, 244.146) Existing law also authorizes a board of county commissioners to enact and enforce local police and sanitary ordinances and regulations that are not in conflict with the general laws and regulations of this State.commissioners in a county whose population is 700,000 or more (currently only Clark County) to adopt an ordinance that designates the geographic boundaries of one or more corridors in which the commission of crime poses a significant risk to public safety and the economic welfare of this State due to the high concentration of tourists, visitors, employees and other persons in such corridors.

(NRS 244.357) Section 65.5 of- this*SB457_R1* bill– requires5 a– boardadjudication offor countyany commissionersoffense inpunishable aas county whose population is 700,000 or more (currently only Clark County) to adopt an ordinance that designates the geographic boundaries of one or more corridors in which the commission of crime poses a significantmisdemeanor: risk to public safety and the economic welfare of this State due to the high concentration of tourists, visitors, employees and other persons in such corridors.

Section(1) 65.5for providesthe thatfirst aoffense personwithin whothe iscorridor, chargedmay with,as convicteda condition of orrelease, thesentencing, subjectsuspension of sentence or deferred adjudicationadjudication, foras anyapplicable, be prohibited from entering the corridor in which the offense punishableoccurred asfor a misdemeanor:period not to exceed 1 year;

(1)and (2) for thea firstsecond or subsequent offense within the corridor, may as a condition of release, sentencing, suspension of sentence or deferred adjudication, as applicable, be prohibited from entering the corridor in which the offense occurred for a period of not toless exceedthan 1 year;year but not more than 2 years.

andboard (2)of forcounty acommissioners secondadopts oran subsequentordinance offensedesignating within the corridorgeographic withinthe 2boundaries years,of mustone asor amore conditioncorridors ofpursuant release,to sentencing,section suspension65.5, ofto sentenceestablish oran deferredappropriate adjudication,program asfor applicable,the beadjudication prohibitedof fromoffenses enteringpunishable theas corridora inmisdemeanor whichthat the offense occurred forwithin athe periodboundaries of notsuch lesscorridors. than 1 year.

Section 29.5 of this bill authorizes a justice court, in a county wherein the board of county commissioners adopts an ordinance designating the geographic boundaries of one or more corridors pursuant to section 65.5, to establish an that occurred within the boundaries of such corridors.unishable as a misdemeanor Section 29.7 of this bill requires a justice court whosethat jurisdictionestablishes includes a corridorprogram established pursuant to section 65.529.5 to prepare and submit:

Existing law requires the Department of Health and Human Services to conduct a statewide needs assessment to determine the priorities for allocating money from statewidethe planFund for allocatinga theResilient moneyNevada; in the Fund.

(NRSand 433.734)(2) Existingbased lawpon athat alsoneeds prescribesassessment, specificdevelop requirementsa concerningstatewide plan for allocating the statewidemoney needsin assessment.the Fund.

(NRS 433.736)433.734) SectionExisting 70law ofalso thisprescribes billspecific requiresrequirements concerning the statewide assessmentneeds toassessment. establish priorities related to the identification of educational resources to be used for the training of law enforcement and other criminal justice agencies related to - *SB457_R2* – 5 – trauma-informed practices and medication-assisted treatment for persons with opioid use disorder.

(NRS 433.736) Section 6970 of this bill makesrequires athe conformingstatewide changeassessment to referestablish priorities related to provisionsthe renumberedidentification byof sectioneducational 70.resources to be used for the training of law enforcement and other criminal justice agencies related to trauma- informed practices and medication-assisted treatment for persons with opioid use disorder.

ExistingSection 69 of this bill makes a conforming change to refer to provisions renExisting law establishes provisions related to peer recovery support services.

(NRS 433.622-433.641) Section 66 of this bill requires the Department of Health and Human Services to make available certain information relating to peer recovery support services.

Existing law sets forth various penalties involving driving or operating a vehicle or vessel under the influence of alcohol, a controlled substance or a 488.400-488.520)prohibited Sectionssubstance 77under and 81 of this bill provide that the prohibition on a person driving or operating a vehicle or vessel with a specific amount of marijuana or marijuana metabolite in his or her blood applies to certain offensescircumstances. punishable as a felony.

Sections(Chapter 80484C and 82 of thisNRS, billNRS increase the terms of imprisonment for a person who proximately causes the death of another person while driving or operating a vehicle or vessel underwith the influence of alcohol or a controlledspecific whoamount proximately causes the death of anothermarijuana personor andmarijuana whometabolite hasin previouslyhis beenon once or twiceher convictedblood ofapplies to certain offenses relatedpunishable toas driving or operating a vehiclefelony. or vessel under the influence of alcohol or a controlled substance is subject to an increased penalty.

Sections 87.380 and 87.582 makeof appropriationsthis tobill increase the Interimterms Financeof Committeeimprisonment for allocationa toperson thewho Departmentproximately ofcauses Correctionsthe anddeath theof Administrativeanother Officeperson ofwhile thedriving Courtsor foroperating thea purposesvehicle ofor carryingvessel outunder the provisionsinfluence of thisalcohol act.or a controlled substance.

THEAdditionally, PEOPLEsections OF80 THEand STATE82 OFfurther NEVADA,provide REPRESENTEDthat INany SENATEsuch ANDperson ASSEMBLY,who DOproximately ENACTcauses ASthe FOLLOWS:death of another person and who has previously been once or twice convicted of certain offenses related to driving or operating a vehicle or vessel under the influence of alcohol or a controlled substance is subject to an incSections 87.3 and 87.5 make appropriations to the Interim Finance Committee for allocation to the Department of Corrections and the Administrative Office of the Courts for the purposes of carrying out the provisions of this act.

- *SB457_R1* – 6 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *SB457_R2* – 6 – [(d)] (f) “Hospitality employee” means a person employed by a resort hotel, resort condominium, arena, stadium or convention center, including, without limitation, a person who is employed in a position of front desk staff, housekeeping, concierge, valet, bell service, gaming floor, food and beverage, retail, security, facility or hotel administration, count room, management or any other position who is responsible for ensuring a positive guest experience, and whose employment duties require the employee to:

(1) Wear identification, clothing, a uniform or other insignia that identifies the employee as working for a resort hotel, resort(2) Be physically on the property of the resort hotel, resort condominium, arena, stadium or convention center;center or otherwise traveling within a corridor, as described in section 65.5 of this act.

and (2) Be physically on the property of the resort hotel, resort condominium, arena, stadium or convention center or otherwise traveling within a corridor, as described in section 65.5 of this act.

- *SB457_R1* – 7 – (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

- *SB457_R2* – 7 – [(9)] (10) A civilian employee or a volunteer of a fire- fighting agency whose official duties require the employee or volunteer to:

(1) A physician, a medical student, a perfusionist, an anesthesiologist assistant or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant or anesthesiologist assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical - *SB457_R1* – 8 – therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a naprapath, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, an expanded function dental assistant, an expanded function dental assistant student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician, a paramedic or a participant in a program of training to provide emergency medical services;

or - *SB457_R2* – 8 – (2) An employee of or volunteer for a health care facility who:

- *SB457_R1* – 9 – (2) Perform tasks related to the operation of the public utility;

- *SB457_R2* – 9 – (I) An officer, a hospitality employee, a school employee, a taxicab driver, a transit operator or a utility worker who is performing his or her duty;

or - *SB457_R1* – 10 – (III) A sports official based on the performance of his or her duties at a sporting event;

- *SB457_R2* – 10 – (c) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

- *SB457_R1* – 11 – (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

- *SB457_R2* – 11 – (9) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

- *SB457_R1* – 12 – (j) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

- *SB457_R2* – 12 – [(k)] (o) “Taxicab driver” means a person who operates a taxicab.

- *SB457_R1* – 13 – (II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty;

- *SB457_R2* – 13 – (d) If the battery:

- *SB457_R1* – 14 – (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by - *SB457_R2* – 14 – 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.

- *SB457_R1* – 15 – (b) For the second offense, is guilty of a category C 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 5 years, and may be further punished by a fine of not more than $5,000.

A person who commits the crime of aggravated stalking 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 - *SB457_R2* – 15 – more than 15 years, and may be further punished by a fine of not more than $5,000.

- *SB457_R1* – 16 – (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360;

The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not - *SB457_R2* – 16 – more than 6 years, and may be further punished by a fine of not more than $5,000.

- *SB457_R1* – 17 – [(e)] (h) “Offense” includes, without limitation, a violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in this section.

- *SB457_R2* – 17 – (1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

(DeletedNRS by200.620 amendment.)is Sec.hereby amended to read as follows:

200.620 1.

Except as otherwise provided in subsection 5 and NRS 179.410 to 179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:

(a) The interception or attempted interception is made with the prior consent of one of the parties to the communication;

and (b) An emergency situation exists and it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, before the interception, in which event the interception is subject to the requirements of subsection 3.

If the application for ratification is denied, any use or disclosure of the information so intercepted is - *SB457_R1* – 18 – unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:

(1) The communication was intercepted;

and (2) Upon application to the court, ratification of the interception was denied.

2.

This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for wire communication where the interception or attempted interception is to construct, maintain, conduct or operate the service or facilities of that person.

Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the Supreme Court or district judge for ratification of the interception.

The interception must not be ratified unless the applicant shows that:

(a) An emergency situation existed and it was impractical to obtain a court order before the interception;

and (b) Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.

4.

NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on wire communications installed in the office of an official law enforcement or fire-fighting agency, or a public utility, if the equipment used for the recording is installed in a facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person for response by the law enforcement or fire- fighting agency or public utility are likely to be received.

In addition, those sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or fire- fighting agency or public utility from such a facility or telephone in connection with responding to the original call or request, if the agency or public utility informs the other party that the conversation is being recorded.

5.

The interception or attempted interception of a wire communication is not unlawful under the circumstances set forth in subsection 1 of NRS 179.463 [.] or section 60.3 of this act.

Sec.

3.

Subject to subsection 2, a person who knowingly and willfully [has in his or her possession] possesses for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or - *SB457_R1* – 19 – engaging in or simulating, or assisting others to engage in or simulate, sexual conduct:

Except as otherwise provided in subsection 3, the court shall schedule the compliance hearing not earlier than 2 business - *SB457_R2* – 18 – days nor later than 5 business days after the issuance of the order for the surrender, sale or transfer of the firearm.

“Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, - *SB457_R1* – 20 – packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

“Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major - *SB457_R2* – 19 – machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

(Deleted by amendment.) - *SB457_R1* – 21 – Sec.

If a person intentionally causes property damage to a retail establishment during the commission of a theft offense and the aggregate value of the amount involved in the theft or property damage, or any combination thereof, is $750$500 or more, the person is guilty of a category C felony and shall be punished as provided in NRS 193.130.

- *SB457_R2* – 20 – Sec.

On or before July 1 of each year, a justice court whosethat jurisdictionhas includesestablished a corridorprogram establishedfor the adjudication of offenses pursuant to section 65.529.5 of this act shall prepare and submit an annual report to the Legislature.

- *SB457_R1* – 22 – (a) The number of persons charged, convicted and sentenced for any offense punishable as a misdemeanor in the corridor during the immediately preceding year;

Not later than the last day of each calendar month, a justice court whosethat jurisdictionhas includesestablished a corridorprogram establishedfor adjudication pursuant to section 65.529.5 of this act shall prepare and submit a monthly report to the board of county commissioners.

- *SB457_R2* – 21 – 4.

- *SB457_R1* – 23 – 5.

- *SB457_R2* – 22 – (a) The person provides the affidavit described in paragraph (d) of subsection 1 of NRS 33.033;

Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those - *SB457_R1* – 24 – persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:

- *SB457_R2* – 23 – 2.

- *SB457_R1* – 25 – 3.

or - *SB457_R2* – 24 – (b) There was not probable cause to arrest or file a complaint against the person subject to the certificate of innocence.

(DeletedNRS by62A.060 amendment.)is Sec.hereby amended to read as follows:

62A.060 [1.] “Community service” means [community service] a community-based activity that:

1.

Facilitates civic engagement or enhances connections between the child and his or her community, provides training in life skills or increases the employability of the child through basic job training;

2.

Is designed to:

(a) Encourage the development of empathy for victims of crime;

(b) Repair harm done to victims and the community by giving back to victims and the community;

(c) Facilitate the development of critical thinking and problem solving skills;

(d) Facilitate the development of a deeper understanding of community problems;

(e) Provide the child with a better understanding of how to make constructive changes;

- *SB457_R1* – 26 – (f) Assist the child with gaining a sense of individual effectiveness;

(g) Facilitate the development in the child of a personal stake in the well-being of the community;

or (h) Provide the child with a better understanding of the need for involvement in the community in a way that affects positive change;

and 3.

Is performed in accordance with NRS 62E.190.

[2.

The term includes, but is not limited to, public service, work on public projects, supervised work for the benefit of the community or any other work required by the juvenile court.] Sec.

The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense - *SB457_R1* – 27 – based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation.

- *SB457_R2* – 25 – (b) “Child welfare professional” means an employee of this State or a political subdivision of this State who as part of his or her job responsibilities:

- *SB457_R1* – 28 – 6.

or - *SB457_R2* – 26 – (b) Filed within 4 days after the date the complaint was referred to the probation officer, excluding Saturdays, Sundays and holidays, except that the juvenile court may, for good cause shown by the district attorney, allow an additional 4 days for the filing of the petition, excluding Saturdays, Sundays and holidays.

and - *SB457_R1* – 29 – (2) If the child is 14 years of age or older, order the suspension of the driver’s license of the child for at least 60 days but not more than 1 year.

- *SB457_R2* – 27 – (I) Immediately following the date of the order if the child is eligible to apply for a driver’s license;

- *SB457_R1* – 30 – (b) The second time the child is adjudicated to be in need of supervision because the child has committed an offense related to tobacco, order the child to:

and - *SB457_R2* – 28 – (2) Attend and complete a tobacco awareness and cessation program.

or - *SB457_R1* – 31 – (c) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.] - *SB457_R2* – 29 – 4.

- *SB457_R1* – 32 – Sec.

Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of placing - *SB457_R2* – 30 – graffiti on or otherwise defacing public or private property owned or possessed by another person in violation of NRS 206.125 or 206.330 or for the unlawful act of carrying a graffiti implement in certain places without valid authorization in violation of NRS 206.335, the juvenile court shall:

- *SB457_R1* – 33 – 3.

The sentencing court or the Board - *SB457_R2* – 31 – shall grant a petition for release from a special sentence of lifetime supervision if:

- *SB457_R1* – 34 – (II) A court of the United States or the Armed Forces of the United States.

- *SB457_R2* – 32 – (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, paragraph (b) of subsection [2] 1 of NRS 200.730, paragraph (a) of subsection 1 of NRS 200.975, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

or - *SB457_R1* – 35 – (2) May defer judgment for any defendant who is placed in a specialty court program.

The court may extend any deferral period - *SB457_R2* – 33 – for not more than 12 months to allow for the completion of a specialty court program.

[The] Except as otherwise provided in subsection 7, the court shall order sealed 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 - *SB457_R1* – 36 – agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and - *SB457_R2* – 34 – the Division.

The justice court, municipal court or district court, as applicable, shall order those records sealed - *SB457_R1* – 37 – without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

- *SB457_R2* – 35 – 3.

- *SB457_R1* – 38 – 3.

The provisions of subsection 1 do not apply to, and the court may not order sealed pursuant to this section, the records of a defendant who is charged with a violation of NRS 200.508 or - *SB457_R2* – 36 – 200.5099 and who is discharged from probation, whose case is dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.260.

- *SB457_R1* – 39 – 3.

The provisions of subsection 1 do not apply to, and the court may not order sealed pursuant to this section, the records of a defendant who is charged with a violation of NRS 200.508 or - *SB457_R2* – 37 – 200.5099 and who is discharged from probation, whose case is dismissed or whose judgment of conviction was set aside pursuant to NRS 176A.290.

Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, - *SB457_R1* – 40 – system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or - *SB457_R2* – 38 – suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

and - *SB457_R1* – 41 – 2.

(DeletedNRS by178.4849 amendment.)is Sec.hereby amended to read as follows:

178.4849 1.

Except as otherwise provided in subsection 2 and NRS 178.484 and 178.4847, a court shall, within 48 hours after a person has been taken into custody, excluding any day declared to be a legal holiday pursuant to NRS 236.015, hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of the person.

2.

The court may continue a pretrial release hearing:

(a) At the request of either party or the court and for good cause shown.

(b) Upon stipulation of the parties.

The court shall schedule a hearing continued pursuant to this paragraph for the date specified by stipulation.

3.

A stipulation made pursuant to subsection 2 may be:

(a) An oral stipulation;

or (b) A written stipulation communicated by mail, by electronic mail, via the Internet or by other electronic means.

4.

The prosecuting attorney, the defendant and the defendant’s attorney may appear at a pretrial release hearing by means of remote communication.

An appearance by means of remote communication must be treated in the same manner as an appearance in person.

5.

A magistrate who presides over a pretrial release hearing may do so by means of remote communication.

6.

As used in this section:

(a) “Magistrate” means a judicial officer who presides over a pretrial release hearing.

(b) “Remote communication” means communication through telephone or videoconferencing.

Sec.

(Deleted by amendment.) - *SB457_R2* – 39 – Sec.

- *SB457_R1* – 42 – Sec.

(DeletedNRS by178.572 amendment.)is Sec.hereby amended to read as follows:

178.572 1.

[In] If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information that is necessary to the public interest in any investigation before a grand jury, [or] any preliminary examination [or] and trial or other evidentiary proceeding in any court of record, the [court on motion of the State] prosecuting attorney may request that the court issue an order [that any material witness be released from all liability to be prosecuted or punished on account of any] of immunity to compel the witness to testify or provide other information.

2.

If a court issues an order of immunity:

(a) The witness may not refuse to testify or provide other information on the basis of the privilege against self- incrimination;

(b) The testimony or other [evidence the witness may be required to produce.

2.] information compelled under the order, or any information directly or indirectly derived from the testimony or other information, may not be used against the person in any criminal case, except a prosecution for:

(1) Perjury committed in the giving of such testimony;

(2) Giving a false statement;

or (3) Otherwise failing to comply with the order;

and (c) Before the provision of any testimony by the witness, the court shall advise the witness orally and in writing of the information described in paragraph (b) and the effect of the immunity in regards to future prosecutions.

- *SB457_R1* – 43 – 3.

Any [motion,] request, hearing or order regarding the immunity of a grand jury witness must not be made public before an indictment or presentment is issued in the case.

Sec.

(b) If the attorney is a designated city attorney, be deputized to prosecute a person in the county which encompasses the city that - *SB457_R2* – 40 – employs the city attorney for the limited purpose of serving as the prosecuting attorney in a pretrial release hearing required by NRS 178.4849.

(Deleted by amendment.) - *SB457_R1* – 44 – Sec.

(DeletedChapter 179 of NRS is hereby amended by amendment.)adding Sec.thereto the provisions set forth as sections 60.2 and 60.3 of this act.

Sec.

(Deleted“Sexual byoffense amendment.)against Sec.a child” includes any act upon a child constituting:

1.

Sexual assault pursuant to NRS 200.366;

2.

Statutory sexual seduction pursuant to NRS 200.368;

3.

Incest pursuant to NRS 201.180;

4.

Open or gross lewdness pursuant to NRS 201.210;

5.

Lewdness with a child pursuant to NRS 201.230;

6.

Sado-masochistic abuse pursuant to NRS 201.262;

or 7.

Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

Sec.

(Deleted1. by amendment.) Sec.

The interception, listening or recording of a wire, electronic or oral communication by a peace officer, or a designated person acting under the direction or request of a peace officer, is not unlawful if the peace officer or designated person is intercepting the communication for the sole purpose of investigating a sexual offense against a child.

2.

As used in this section, “designated person” means:

(a) A child, with the consent of the parent or legal guardian of the child;

and (b) The parent or legal guardian of a child.

Sec.

(DeletedNRS by179.410 amendment.)is Sec.hereby amended to read as follows:

179.410 As used in NRS 179.410 to 179.515, inclusive, and sections 60.2 and 60.3 of this act, except where the context otherwise requires, the words and terms defined in NRS 179.415 to 179.455, inclusive, and section 60.2 of this act have the meanings ascribed to them in those sections.

Sec.

(DeletedNRS by179.460 amendment.)is Sec.hereby amended to read as follows:

179.460 1.

The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire, electronic or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, a violation of NRS 201.553, the commission of any - *SB457_R1* – 45 – offense which is made a felony by the provisions of chapter 453 or 454 of NRS or a violation of NRS 463.160 or 465.086.

2.

A provider of electronic communication service or a public utility, an officer, employee or agent thereof or another person associated with the provider of electronic communication service or public utility who, pursuant to an order issued pursuant to subsection 1, provides information or otherwise assists an investigative or law enforcement officer in the interception of a wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.

[3.

As used in this section, “sexual offense against a child” includes any act upon a child constituting:

(a) Incest pursuant to NRS 201.180;

(b) Lewdness with a child pursuant to NRS 201.230;

(c) Sado-masochistic abuse pursuant to NRS 201.262;

(d) Sexual assault pursuant to NRS 200.366;

(e) Statutory sexual seduction pursuant to NRS 200.368;

(f) Open or gross lewdness pursuant to NRS 201.210;

or (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.] Sec.

and - *SB457_R2* – 41 – (2) The Chair does not assign to the custody of the Division to participate in a correctional program pursuant to subsection 3 of NRS 209.4888;

- *SB457_R1* – 46 – 2.

or - *SB457_R2* – 42 – (b) The offender committed an infraction of the rules of the institution or facility before or during the participation of the offender in the program.

- *SB457_R1* – 47 – (a) “Medication-assisted treatment” means treatment for a substance use disorder using medication approved by the United States Food and Drug Administration for that purpose.

- *SB457_R2* – 43 – (b) Access and availability of any appropriate self-help groups;

- *SB457_R1* – 48 – 5.

- *SB457_R2* – 44 – (c) Preventing domestic violence;

To the extent that money is available, a sheriff, chief of police or town marshal who is responsible for a county, city or town jail or detention facility shall establish a program to provide - *SB457_R1* – 49 – for the treatment of prisoners with a substance use disorder using medication-assisted treatment.

(a) The results of a screening test administered to the prisoner upon the commencement of his or her incarceration or upon the - *SB457_R2* – 45 – commencement of his or her participation in the program indicated the presence of a controlled substance;

A prisoner who participates in the program established pursuant to subsection 1 is not subject to discipline on the basis that the results of a screening test administered to the prisoner during his - *SB457_R1* – 50 – or her participation in the program indicated the presence of a controlled substance.

- *SB457_R2* – 46 – 4.

- *SB457_R1* – 51 – (d) “Network” has the meaning ascribed to it in NRS 205.4745.

(1) For a first offense within the corridorcorridor, within 2 years, may, as a condition of release, sentencing, suspension of sentence or deferred adjudication, as applicable, be prohibited from entering the corridor in which the offense occurred for a period not to exceed 1 year.

(2) For a second or subsequent offense within the corridor, withinmay, two years, shall as a condition of release, sentencing, suspension of sentence or deferred adjudication, as applicable, be prohibited from entering the corridor in which the offense occurred for a period of not less than 1 year.year but not more than 2 years.

- *SB457_R2* – 47 – (b) The board of county commissioners may provide by ordinance for any condition or exemption under which a person who is charged with, convicted of or the subject of adjudication for any offense punishable as a misdemeanor may enter the corridor in which the offense occurred.

- *SB457_R1* – 52 – Sec.

Before finalizing a report of recommendations pursuant to subsection 1, the Advisory Committee must hold at least one public meeting to solicit comments from the public concerning the - *SB457_R2* – 48 – recommendations and make any revisions to the recommendations determined, as a result of the public comment received, to be necessary.

- *SB457_R1* – 53 – Sec.

(a) Use community-based participatory research methods or similar methods to conduct outreach to groups impacted by the use - *SB457_R2* – 49 – of opioids, opioid use disorder and other substance use disorders, including, without limitation:

- *SB457_R1* – 54 – (2) Providers of treatment for opioid use disorder and other substance use disorders;

- *SB457_R2* – 50 – (a) To and from work or in the course of his or her work, or both;

or - *SB457_R1* – 55 – (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

- *SB457_R2* – 51 – (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of - *SB457_R1* – 56 – intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

- *SB457_R2**SB457_R1* – 5257 – 2.

- *SB457_R2**SB457_R1* – 5358 – Blood Nanograms Prohibited substance per milliliter 5 (a) Marijuana (delta-9-tetrahydrocannabinol) 2 (b) Marijuana metabolite (11-OH-tetrahydrocannabinol) 5 8 5.

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 484C.110,  and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately - *SB457_R2**SB457_R1* – 5459 – causes the death of, or substantial bodily harm to, another person, shall be punished as provided in subsection 2.

A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or - *SB457_R2**SB457_R1* – 5560 – hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

It is unlawful for any person to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State with an amount of any of the - *SB457_R2**SB457_R1* – 5661 – following prohibited substances in his or her blood or urine that is equal to or greater than:

4 Urine Blood Nanograms per Nanograms per Prohibited substance milliliter milliliter 87 (a) Amphetamine 500 100 (b) Cocaine 150 50 (c) Cocaine metabolite 150 50 (d) Heroin 2,000 50 (e) Heroin metabolite:

- *SB457_R2**SB457_R1* – 5762 – Sec.

(b) If the violation proximately causes substantial bodily harm to another person, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less - *SB457_R2**SB457_R1* – 5863 – than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000.

- *SB457_R2**SB457_R1* – 5964 – 1.

- *SB457_R2**SB457_R1* – 6065 – 7.

- *SB457_R2**SB457_R1* – 6166 – (a) Licensed as:

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after - *SB457_R2**SB457_R1* – 6267 – September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

88.

NRS 178.574 and 178.578 are hereby repealed.

Sec.

HTEXT -OF *SB457_R2*REPEALED SECTIONS 178.574 Order of immunity bar to prosecution;

exception.

Such order of immunity shall forever be a bar to prosecution against the witness for any offense shown in whole or in part by such giving of such testimony.ce except for perjury committed in the 178.578 Denial of motion.

The court shall deny the motion of the State under NRS 178.572 if it reasonably appears to the court that such testimony or evidence would subject the witness to prosecution, except for perjury committed in the giving of such testimony, under the laws of another state or of the United States.

H - *SB457_R1*