SB 309 — Revises provisions relating to crimes. (BDR 43-906)

[5.] 6.

Marijuana or marijuana metabolite.

[6.] 7.

Methamphetamine.

[7.] 8.

Phencyclidine.

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4.

(Deleted by amendment.) Sec.

5.

NRS 484C.110 is hereby amended to read as follows:

484C.110 1.

It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

or (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,  to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

2.

It is unlawful for any person who:

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

(b) Is under the combined influence of intoxicating liquor and a controlled substance;

or (c) 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 driving or exercising actual physical control of a vehicle,  to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

3.

It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood or urine that is equal to or greater than:

Urine Blood Nanograms Nanograms Prohibited substance per milliliter per milliliter (a) Amphetamine 500 100 (b) Cocaine 150 50 - *SB309_R1* – 4 – Urine Blood Nanograms Nanograms Prohibited substance per milliliter per milliliter 5 (c) Cocaine metabolite 150 50 (d) Fentanyl 10 1 (e) Heroin 2,000 50 [(e)] (f) Heroin metabolite:

(1) Morphine 2,000 50 (2) 6-monoacetyl morphine 10 10 [(f)] (g) Lysergic acid diethylamide 25 10 [(g)] (h) Methamphetamine 500 100 [(h)] (i) Phencyclidine 25 10 4.

For any violation that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, it is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

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

If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, 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.

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

6.

A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

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(b) The offender agrees to pay the cost of the treatment to the extentext(c) The offender has served or will serve a term of hisimprisonment in jail of not less than 1 day, or herhas financialperformed resources;or will perform 24 hours of community service.

and (c) The offender has served or will serve a term of imprisonment in jail of not less than 1 day, or has performed or will perform 24 hours of community service.

A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to- undergo83rd aSession program(2025) of– treatment3 for– an alcohol or other substance use disorder.

(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender - *SB309_R1* – 6 – comply with any other condition ordered by the court.

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

(4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonmentimprisonmentrily, the which is not less than 1 day and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law.

(a)- Shall83rd notSession defer(2025) the– sentence,4 set– aside the conviction or impose conditions upon the election of treatment except asasion or otherwise provided in this section.

(a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:

-as *SB309_R1*a –person 7with –an alcohol or (1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis;

 An alcohol and drug counselor, a clinical alcohol and drug counselor, a physician or an advanced practice registered nurse who diagnoses an offender as a person with an alcohol or other substance use disorder shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.off2.derA prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter.

2.

A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter.

4.- 83rd Session (2025) – 5 – should be granted, the court shall:t an application for treatment (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years.

If the court determines that an application for treatment should be granted, the court shall:

(a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years.

(3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for an alcohol or other substance use disorder or if the - *SB309_R1* – 8 – offender fails to complete the program of treatment satisfactorily.

(a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this upon section;

(b) Be placed under a system of active electronic monitoring, through the Division, that is capable of identifying the offender’s location- and83rd producing,Session upon(2025) request,– reports6 or– records of the offender’s presence near or within, or departure from, a specified geographic location and pay any costs associated with the offender’s participation under the system of active electronic monitoring;

(a) A violation of NRS 484C.430;

- *SB309_R1* – 9 – (d) A violation of paragraph (c) of subsection 1 of NRS 484C.400;

(b) Report any incidental damage or defacement of the electronicoccurrence monitoringof devicethe todamage theor Divisiondefacement.ision within 2 hours after the occurrence(c) ofAbide by any other conditions set forth by the damagecourt or defacement.the Division with regard to the offender’s participation under the system of active electronic monitoring.

(c) Abide by any other conditions set forth by the court or the Division with regard to the offender’s participation under the system of active electronic monitoring.

The provisions of this subsection do not prohibit a person authorized by the- Division83rd fromSession performing(2025) maintenance– 7 – electronic monitoring device.maintenance or repairs to an electronic10. monitoring device.

10.

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

- *SB309_R1* – 10 – 3.

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

The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation - 83rd Session (2025) – 8 – to the court concerning the length and type of treatment required for the offender.

The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmentalgovernmentalse agency in that state to conduct such an evaluation.

- *SB309_R1* – 11 – Sec.

Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS 484C.394 or 484C.410, a person who violates the provisions of NRS 484C.110 or 484C.120:

(I)- Sentence83rd theSession person(2025) to– imprisonment9 for– not less than 2 days nor more than 6 months in jail or residential confinement for not less than 2 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

(I) Imprisonment for not less than [10] 20 days nor more than 6 monthsmon(II) Residential confinement for not less than [10] 20 days nor more than 6 months, in jail;the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

or (II) Residential confinement for not less than [10] 20 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

- *SB309_R1* – 12 –  A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

(1)(1)(I) Shall:Sentence the person to 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;

(I) Sentence the person to 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;

and (2) May order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360 if the results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has an alcohol or other substance- use83rd disorderSession and(2025) that– the10 person– successfully for his or her condition.rson can be treated successfully forAn hisoffender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or herfacility condition.of minimum security.

 An offender who is imprisoned pursuant to the provisions of this paragraph 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.

or (c) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program, The withoutfacts regardconcerning toa theprior sequenceoffense ofmust thebe offensesalleged andin convictions.thetions.

The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

This discretion must be exercised after considering all the circumstances - *SB309_R1* – 13 – surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation.

If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

6.- 83rd Session (2025) – 11 – within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.

For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.

484C.410484C.440, 1.a person who [has] :ater penalty is provided in NRS (a) Has previously been convicted of:

Unless a greater penalty is provided in NRS 484C.440, a person who [has] :

(a) Has previously been convicted of:

or - *SB309_R1* – 14 – [(e)] (5) A violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 that was reduced from a felony pursuant to NRS 484C.340 [,] ;

or reduced from a felony pursuant to NRS (b) Is undergoing a program of treatment for an alcohol or other substance use disorder pursuant to NRS 484C.340,  and who violates the provisions of NRS 484C.110 or 484C.120 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000.

An offender so imprisoned must, insofar as practicable, be segregated - 83rd Session (2025) – 12 – from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

An offense which is listed in [paragraphs (a)] subparagraphs (1) to [(e),] (5), inclusive, of paragraph (a) of subsection 1 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions.

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

4.section and NRS 482.456, 483.560, 484C.400 or 485.330 must run consecutively.

Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.400 or 485.330 must run consecutively.

If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the - *SB309_R1* – 15 – court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

(b)- A83rd homicideSession resulting(2025) from– driving13 or– being in actual physical control of a vehicle while under the influence ofofl intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

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14.14-37.

15.

NRS 488.410 is hereby amended to read as follows:

488.410 1.

It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

or (c) Is found by measurement within 2 hours after operating or being in actual physical control of a power-driven vessel or sailing vessel under way to have a concentration of alcohol of 0.08 or more in his or her blood or breath,  to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State.

2.

It is unlawful for any person who:

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

(b) Is under the combined influence of intoxicating liquor and a controlled substance;

or (c) 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 exercising actual physical control of a power-driven vessel or sailing vessel under way,  to operate or be in actual physical control of a power-driven vessel or sailing vessel under way on the waters of this State.

3.

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 - *SB309_R1* – 16 – 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 8 (a) Amphetamine 500 100 (b) Cocaine 150 50 (c) Cocaine metabolite 150 50 (d) Fentanyl 10 1 [(d)] (e) Heroin 2,000 50 [(e)] (f) Heroin metabolite:

(1) Morphine 2,000 50 (2) 6-monoacetyl morphine 10 10 [(f)] (g) Lysergic acid diethylamide 25 10 [(g)] (h) Methamphetamine 500 100 [(h)] (i) Phencyclidine 25 10 4.

For any violation that is punishable pursuant to NRS 488.427, 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 following prohibited substances in his or her blood that is equal to or greater than:

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

If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) 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 was tested, to cause the defendant to have a concentration of 0.08 or more of alcohol in his or her blood or breath.

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

- *SB309_R1* – 17 – 6.

Except as otherwise provided in NRS 488.427, a person who violates the provisions of this section is guilty of a misdemeanor.

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TEXT~~~~~ OF25 REPEALED- SECTION83rd 484C.040Session “Concentration(2025) of alcohol of less than 0.18 in his less than 0.18 in his or her blood or breath” means less than 0.18 gram of alcohol per 100 milliliters of the blood of a person or per liters of his or her breath.

H - *SB309_R1*