κ2003 Statutes of Nevada, Page 1453 (Chapter 282, AB 217)κ
Sec. 42. This act becomes effective on July 1, 2003.
________
Senate Bill No. 94Committee on Human Resources and Facilities
CHAPTER 283
AN ACT relating to health; requiring under certain circumstances that an allegedly mentally ill person be admitted to a medical facility other than a hospital before his emergency admission to a mental health facility; requiring the Division of Mental Health and Developmental Services of the Department of Human Resources to adopt regulations prescribing the appropriate type of medical facility; authorizing peace officers to deliver certain persons found in any public place under the influence of a controlled substance to certain facilities for observation and care; providing for the medical treatment of certain persons who are under the influence of a controlled substance who are arrested or taken into custody by a peace officer; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433A.165 is hereby amended to read as follows:
433A.165 1. Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, he must:
(a) First be examined by a licensed physician or physician assistant or an advanced practitioner of nursing to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and
(b) If such treatment is required, the person must be admitted [to] for the appropriate medical care:
(1) To a hospital [for the appropriate medical care.] if the person is in need of emergency services or care; or
(2) To another appropriate medical facility if the person is not in need of emergency services or care.
2. The cost of the examination must be paid by the county in which the allegedly mentally ill person resides if services are provided at a county hospital located in that county or a hospital or other medical facility designated by that county, unless the cost is voluntarily paid by the allegedly mentally ill person or on his behalf, by his insurer or by a state or federal program of medical assistance.
3. The county may recover all or any part of the expenses paid by it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of that person; or
(c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.
κ2003 Statutes of Nevada, Page 1454 (Chapter 283, SB 94)κ
4. The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.
5. The Division shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that:
(a) Define emergency services or care as that term is used in this section; and
(b) Prescribe the type of medical facility that a person may be admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.
6. As used in this section, medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 2. Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a peace officer arrests or takes into custody a person who is found in any public place unlawfully under the influence of a controlled substance and in such a condition that he is unable to exercise care for his health or safety or the health or safety of other persons, the peace officer may deliver the person to a licensed facility for the treatment of persons who abuse controlled substances or other appropriate facility for observation and care.
2. A person who is unlawfully under the influence of a controlled substance who is arrested or taken into custody by a peace officer must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
3. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
4. As used in this section, secure detoxification unit includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.
Sec. 3. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, and section 2 of this act, unless the context requires otherwise:
1. Administrator means the Administrator of the Health Division.
2. Alcohol and drug abuse program means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
3. Alcohol and drug abuser means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
4. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
5. Board means the State Board of Health.
6. Civil protective custody means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.
7. Detoxification technician means a person who is certified by the Health Division to provide screening for the safe withdrawal from alcohol and other drugs.
κ2003 Statutes of Nevada, Page 1455 (Chapter 283, SB 94)κ
8. Facility means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
9. Health Division means the Health Division of the Department of Human Resources.
Sec. 4. NRS 458.031 is hereby amended to read as follows:
458.031 The Health Division shall administer the provisions of NRS 458.010 to 458.350, inclusive, and section 2 of this act as the sole agency of the State of Nevada for that purpose.
Sec. 5. NRS 458.055 is hereby amended to read as follows:
458.055 1. To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to NRS 458.010 to 458.350, inclusive, and section 2 of this act the Health Division may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the Health Division.
2. Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to 458.350, inclusive, and section 2 of this act is furnished to or held by any other government agency or a public or private institution, the use of that information by the agency or institution is subject to the rules established by the Health Division pursuant to subsection 1.
3. Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to 458.350, inclusive, and section 2 of this act a person shall not disclose, use or authorize the disclosure of any confidential information concerning a person receiving services pursuant to NRS 458.010 to 458.350, inclusive [.] , and section 2 of this act.
Sec. 6. NRS 458.097 is hereby amended to read as follows:
458.097 1. Money received by the Health Division pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol and drug abuse and alcoholism and for the detoxification and rehabilitation of alcohol and drug abusers. In allocating the money for the increase of services, the Health Division shall give priority to:
[1.] (a) The areas where there exists a shortage of services for the treatment of alcoholism and alcohol abuse. The Health Division shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for alcohol and drug abuse programs, and other appropriate data.
[2.] (b) The needs of counties to provide [civil] :
(1) Civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol [.] ; and
(2) Secure detoxification units or other appropriate facilities for persons who are arrested or taken into custody while under the influence of a controlled substance.
[3.] (c) Alcohol and drug abuse programs that are primarily directed toward the prevention of such abuse.
2. As used in this section, secure detoxification unit has the meaning ascribed to it in section 2 of this act.
κ2003 Statutes of Nevada, Page 1456 (Chapter 283, SB 94)κ
Sec. 7. NRS 458.115 is hereby amended to read as follows:
458.115 Money to carry out the provisions of NRS 458.010 to 458.350, inclusive, and section 2 of this act must be provided by direct legislative appropriation from the State General Fund and paid out on claims as other claims against the State are paid. All claims must be approved by the Administrator before they are paid.
Sec. 8. This bill becomes effective upon passage and approval.
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Assembly Bill No. 156Committee on Judiciary
CHAPTER 284
AN ACT relating to criminal procedure; abolishing the plea of guilty but mentally ill; reinstating exculpation by reason of insanity; requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons; providing a procedure for committing a person to a mental health facility who is acquitted by reason of insanity; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 169.195 is hereby amended to read as follows:
169.195 1. Trial means that portion of a criminal action which:
(a) If a jury is used, begins with the impaneling of the jury and ends with the return of the verdict, both inclusive.
(b) If no jury is used, begins with the opening statement, or if there is no opening statement, when the first witness is sworn, and ends with the closing argument or upon submission of the cause to the court without argument, both inclusive.
2. Trial does not include any proceeding had upon a plea of guilty [or guilty but mentally ill] to determine the degree of guilt or to fix the punishment.
Sec. 2. NRS 173.035 is hereby amended to read as follows:
173.035 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived his right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the Attorney General when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon.
κ2003 Statutes of Nevada, Page 1457 (Chapter 284, AB 156)κ
commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon a preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information must be filed within 15 days after the holding or waiver of the preliminary examination. Each information must set forth the crime committed according to the facts.
4. If, with the consent of the prosecuting attorney, a defendant waives his right to a preliminary examination in accordance with an agreement by the defendant to plead guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or at least one but not all, of the initial charges, the information filed against the defendant pursuant to this section may contain only the offense or offenses to which the defendant has agreed to enter a plea of guilty [, guilty but mentally ill] or nolo contendere. If, for any reason, the agreement is rejected by the district court or withdrawn by the defendant, the prosecuting attorney may file an amended information charging all of the offenses which were in the criminal complaint upon which the preliminary examination was waived. The defendant must then be arraigned in accordance with the amended information.
Sec. 3. NRS 173.125 is hereby amended to read as follows:
173.125 The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information , and a plea of guilty [or guilty but mentally ill] to one or more offenses charged in the indictment or information does not preclude prosecution for the other offenses.
Sec. 4. NRS 174.035 is hereby amended to read as follows:
174.035 1. A defendant may plead not guilty, guilty [, guilty but mentally ill] or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty . [or guilty but mentally ill.]
2. If a plea of guilty is made in a written plea agreement, the agreement must be in substantially the form prescribed in NRS 174.063. If a plea of guilty [or guilty but mentally ill] is made orally, the court shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea. [In addition, the court shall not accept a plea of guilty but mentally ill without complying with the provisions of NRS 174.041.]
3. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty [, guilty but mentally ill] or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
4. [A plea of guilty but mentally ill is not a defense to the alleged offense. A defendant who enters such a plea is subject to the same penalties as a defendant who pleads guilty.] The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A plea of not guilty by reason of insanity must be entered not less than 21 days before the date set for trial. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown.
κ2003 Statutes of Nevada, Page 1458 (Chapter 284, AB 156)κ
who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such a plea or defense, the burden of proof is upon the defendant to establish his insanity by a preponderance of the evidence.
5. If a defendant refuses to plead [,] or if the court refuses to accept a plea of guilty [or guilty but mentally ill] or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
6. A defendant may not enter a plea of guilty [or guilty but mentally ill] pursuant to a plea bargain for an offense punishable as a felony for which:
(a) Probation is not allowed; or
(b) The maximum prison sentence is more than 10 years,
unless the plea bargain is set forth in writing and signed by the defendant, the defendants attorney, if he is represented by counsel, and the prosecuting attorney.
Sec. 5. NRS 174.055 is hereby amended to read as follows:
174.055 In the justices court, if the defendant pleads guilty , [or guilty but mentally ill,] the court may, before entering such a plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed. If it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail [,] or to answer any indictment that may be found against him or any information which may be filed by the district attorney.
Sec. 6. NRS 174.061 is hereby amended to read as follows:
174.061 1. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for a recommendation of a reduced sentence, the agreement:
(a) Is void if the defendants testimony is false.
(b) Must be in writing and include a statement that the agreement is void if the defendants testimony is false.
2. A prosecuting attorney shall not enter into an agreement with a defendant which:
(a) Limits the testimony of the defendant to a predetermined formula.
(b) Is contingent on the testimony of the defendant contributing to a specified conclusion.
Sec. 7. NRS 174.065 is hereby amended to read as follows:
174.065 Except as otherwise provided in NRS 174.061:
1. On a plea of guilty [or guilty but mentally ill] to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.
2. On a plea of guilty [or guilty but mentally ill] to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.
κ2003 Statutes of Nevada, Page 1459 (Chapter 284, AB 156)κ
Sec. 8. NRS 174.075 is hereby amended to read as follows:
174.075 1. Pleadings in criminal proceedings are the indictment, the information and, in justices court, the complaint, and the pleas of guilty, [guilty but mentally ill,] not guilty and nolo contendere.
2. All other pleas, and demurrers and motions to quash are abolished, and defenses and objections raised before trial which could have been raised by one or more of them may be raised only by motion to dismiss or to grant appropriate relief, as provided in this title.
Sec. 9. Chapter 175 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Where on a trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury pending the judicial determination pursuant to subsection 2 has the same effect as if he were regularly adjudged insane, and the judge must:
(a) Order a peace officer to take the person into protective custody and transport him to a forensic facility for detention pending a hearing to determine his mental health;
(b) Order the examination of the person by two psychiatrists, two psychologists, or one psychiatrist and one psychologist who are employed by a division facility; and
(c) At a hearing in open court, receive the report of the examining advisers and allow counsel for the State and for the person to examine the advisers, introduce other evidence and cross-examine witnesses.
2. If the court finds, after the hearing:
(a) That there is not clear and convincing evidence that the person is a mentally ill person, the court must order his discharge; or
(b) That there is clear and convincing evidence that the person is a mentally ill person, the court must order that he be committed to the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources until he is regularly discharged therefrom in accordance with law.
The court shall issue its finding within 90 days after the defendant is acquitted.
3. The Administrator shall make the same reports and the court shall proceed in the same manner in the case of a person committed to the custody of the Division of Mental Health and Developmental Services pursuant to this section as of a person committed because he is incompetent to stand trial pursuant to NRS 178.400 to 178.460, inclusive, and section 23.5 of this act, except that the determination to be made by the Administrator and the district judge on the question of release is whether the person has recovered from his mental illness or has improved to such an extent that he is no longer a mentally ill person.
4. As used in this section, unless the context otherwise requires:
(a) Division facility has the meaning ascribed to it in NRS 433.094.
(b) Forensic facility means a secure facility of the Division of Mental Health and Developmental Services of the Department of Human Resources for mentally disordered offenders and defendants. The term includes, without limitation, Lakes Crossing Center.
(c) Mentally ill person has the meaning ascribed to it in NRS 433A.115.
κ2003 Statutes of Nevada, Page 1460 (Chapter 284, AB 156)κ
Sec. 10. NRS 175.282 is hereby amended to read as follows:
175.282 If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for a recommendation of a reduced sentence , the court shall:
1. After excising any portion it deems irrelevant or prejudicial, permit the jury to inspect the agreement;
2. If the defendant who is testifying has not entered his plea or been sentenced pursuant to the agreement, instruct the jury regarding the possible related pressures on the defendant by providing the jury with an appropriate cautionary instruction; and
3. Allow the defense counsel to cross-examine fully the defendant who is testifying concerning the agreement.
Sec. 11. NRS 175.552 is hereby amended to read as follows:
175.552 1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:
(a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.
(b) If the finding is made upon a plea of guilty [or guilty but mentally ill] or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a panel of three district judges, as soon as practicable.
(c) If the finding is made upon a plea of guilty [or guilty but mentally ill] or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted before the judge who conducted the trial or who accepted the plea [,] of guilty, as soon as practicable.
2. In a case in which the death penalty is not sought, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, his attorney, if any, and the prosecuting attorney.
3. In the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the Constitution of the State of Nevada may be introduced. The State may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.
4. In a case in which the death penalty is not sought, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.
Sec. 12. NRS 175.558 is hereby amended to read as follows:
175.558 When any person is convicted of murder of the first degree upon a plea of guilty [or guilty but mentally ill,] or a trial without a jury [,] and the death penalty is sought, the Supreme Court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge before whom the plea is made, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly.
κ2003 Statutes of Nevada, Page 1461 (Chapter 284, AB 156)κ
and the death penalty is sought, the Supreme Court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge before whom the plea is made, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.
Sec. 13. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty [or guilty but mentally ill] or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49............................................................................................. $15
50 to 59.................................................................................................. 30
60 to 69.................................................................................................. 35
70 to 79.................................................................................................. 40
80 to 89.................................................................................................. 45
90 to 99.................................................................................................. 50
100 to 199............................................................................................. 60
200 to 299............................................................................................. 70
300 to 399............................................................................................. 80
400 to 499............................................................................................. 90
500 to 1,000........................................................................................ 105
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
κ2003 Statutes of Nevada, Page 1462 (Chapter 284, AB 156)κ
collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.
6. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the justices courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justices court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.
7. The money apportioned to a juvenile court, a justices court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
κ2003 Statutes of Nevada, Page 1463 (Chapter 284, AB 156)κ
8. Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:
(a) Not less than 51 percent to the Office of the Court Administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the Office of the Court Administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the Office of the Court Administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the Office of the Court Administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the Office of the Court Administrator for the Supreme Court.
(5) Three and one-half percent of the amount distributed to the Office of the Court Administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The Central Repository for Nevada Records of Criminal History;
(2) The Peace Officers Standards and Training Commission;
(3) The operation by the Nevada Highway Patrol of a computerized switching system for information related to law enforcement;
(4) The Fund for the Compensation of Victims of Crime; and
(5) The Advisory Council for Prosecuting Attorneys.
9. As used in this section, juvenile court means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
Sec. 14. NRS 176.0611 is hereby amended to read as follows:
176.0611 1. A county or a city, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justices or municipal courts within its jurisdiction to impose for not longer than 25 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.
2. Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty [or guilty but mentally ill] or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment.
3. The provisions of subsection 2 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance that is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4. The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant.
κ2003 Statutes of Nevada, Page 1464 (Chapter 284, AB 156)κ
dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section; and
(c) To pay the fine.
6. The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.
(b) Construct or acquire additional facilities for the municipal courts or a regional justice center that includes the municipal courts.
(c) Renovate or remodel existing facilities for the municipal courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center that includes the municipal courts.
Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
7. The money collected for administrative assessments for the provision of court facilities in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund.
κ2003 Statutes of Nevada, Page 1465 (Chapter 284, AB 156)κ
special revenue fund. The county may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the justices courts or a regional justice center that includes the justices courts.
(b) Construct or acquire additional facilities for the justices courts or a regional justice center that includes the justices courts.
(c) Renovate or remodel existing facilities for the justices courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justices courts or a regional justice center that includes the justices courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justices courts or a regional justice center that includes the justices courts.
Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justices court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
8. If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.
Sec. 15. NRS 176.062 is hereby amended to read as follows:
176.062 1. When a defendant pleads guilty [or guilty but mentally ill] or is found guilty of a felony or gross misdemeanor, the judge shall include in the sentence the sum of $25 as an administrative assessment and render a judgment against the defendant for the assessment.
2. The money collected for an administrative assessment:
(a) Must not be deducted from any fine imposed by the judge;
(b) Must be taxed against the defendant in addition to the fine; and
(c) Must be stated separately on the courts docket.
3. The money collected for administrative assessments in district courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Five dollars for credit to a special account in the county general fund for the use of the district court.
(b) The remainder of each assessment to the State Controller.
4. The State Controller shall credit the money received pursuant to subsection 3 to a special account for the assistance of criminal justice in the State General Fund, and distribute the money from the account to the Attorney General as authorized by the Legislature.
κ2003 Statutes of Nevada, Page 1466 (Chapter 284, AB 156)κ
State General Fund, and distribute the money from the account to the Attorney General as authorized by the Legislature. Any amount received in excess of the amount authorized by the Legislature for distribution must remain in the account.
Sec. 16. NRS 176.135 is hereby amended to read as follows:
176.135 1. Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty [, guilty but mentally ill] or nolo contendere to or is found guilty of a felony.
2. If a defendant is convicted of a felony that is a sexual offense, the presentence investigation and report:
(a) Must be made before the imposition of sentence or the granting of probation; and
(b) If the sexual offense is an offense for which the suspension of sentence or the granting of probation is permitted, must include a psychosexual evaluation of the defendant.
3. If a defendant is convicted of a felony other than a sexual offense, the presentence investigation and report must be made before the imposition of sentence or the granting of probation unless:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the Division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
4. Upon request of the court, the Division shall make presentence investigations and reports on defendants who plead guilty [, guilty but mentally ill] or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 17. NRS 176.151 is hereby amended to read as follows:
176.151 1. If a defendant pleads guilty [, guilty but mentally ill] or nolo contendere to or is found guilty of one or more category E felonies, but no other felonies, the Division shall not make a presentence investigation and report on the defendant pursuant to NRS 176.135, unless the Division has not made a presentence investigation and report on the defendant pursuant to NRS 176.135 within the 5 years immediately preceding the date initially set for sentencing on the category E felony or felonies and:
(a) The court requests a presentence investigation and report; or
(b) The prosecuting attorney possesses evidence that would support a decision by the court to deny probation to the defendant pursuant to paragraph (b) of subsection 1 of NRS 176A.100.
2. If the Division does not make a presentence investigation and report on a defendant pursuant to subsection 1, the Division shall, not later than 45 days after the date on which the defendant is sentenced, make a general investigation and report on the defendant that contains:
(a) Any prior criminal record of the defendant;
(b) Information concerning the characteristics of the defendant, the circumstances affecting his behavior and the circumstances of his offense that may be helpful to persons responsible for the supervision or correctional treatment of the defendant;
(c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the Division;
κ2003 Statutes of Nevada, Page 1467 (Chapter 284, AB 156)κ
the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination and the extent of the information included in the report is solely at the discretion of the Division;
(d) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290; and
(e) Any other information that the Division believes may be helpful to persons responsible for the supervision or correctional treatment of the defendant.
Sec. 18. NRS 176.165 is hereby amended to read as follows:
176.165 Except as otherwise provided in this section, a motion to withdraw a plea of guilty [, guilty but mentally ill] or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended. To correct manifest injustice, the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.
Sec. 19. NRS 176A.255 is hereby amended to read as follows:
176A.255 1. A justices court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.
2. As used in this section, eligible defendant means a person who:
(a) Has not tendered a plea of guilty [, guilty but mentally ill] or nolo contendere to, or been found guilty of, an offense that is a misdemeanor;
(b) Appears to suffer from mental illness; and
(c) Would benefit from assignment to a program established pursuant to NRS 176A.250.
Sec. 20. NRS 176A.260 is hereby amended to read as follows:
176A.260 1. Except as otherwise provided in subsection 2, if a defendant who suffers from mental illness tenders a plea of guilty [, guilty but mentally ill] or nolo contendere to, or is found guilty of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250.
2. If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this state or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.
κ2003 Statutes of Nevada, Page 1468 (Chapter 284, AB 156)κ
and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose.
Sec. 21. NRS 177.015 is hereby amended to read as follows:
177.015 The party aggrieved in a criminal action may appeal only as follows:
1. Whether that party is the State or the defendant:
(a) To the district court of the county from a final judgment of the justices court.
(b) To the Supreme Court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
2. The State may, upon good cause shown, appeal to the Supreme Court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the Clerk of the Supreme Court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant or, in the case of a defendant without counsel, the defendant within 2 judicial days after the filing of the notice of appeal. The Supreme Court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the Supreme Court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.
3. The defendant only may appeal from a final judgment or verdict in a criminal case.
4. Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty [, guilty but mentally ill] or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The Supreme Court may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.
Sec. 22. NRS 177.055 is hereby amended to read as follows:
177.055 1. When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.
κ2003 Statutes of Nevada, Page 1469 (Chapter 284, AB 156)κ
2. Whether or not the defendant or his counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the Supreme Court, which shall consider, in a single proceeding if an appeal is taken:
(a) Any errors enumerated by way of appeal;
(b) Whether the evidence supports the finding of an aggravating circumstance or circumstances;
(c) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and
(d) Whether the sentence of death is excessive, considering both the crime and the defendant.
3. The Supreme Court, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new penalty hearing:
(1) If the original penalty hearing was before a jury, before a newly impaneled jury; or
(2) If the original penalty hearing was before a panel of judges, before a panel of three district judges which must consist, insofar as possible, of the members of the original panel; or
(c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.
Sec. 23. NRS 177.075 is hereby amended to read as follows:
177.075 1. Except where appeal is automatic, an appeal from a district court to the Supreme Court is taken by filing a notice of appeal with the clerk of the district court. Bills of exception and assignments of error in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not pleaded guilty [or guilty but mentally ill] and who is without counsel, the court shall advise the defendant of his right to appeal, and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on his behalf.
3. A notice of appeal must be signed:
(a) By the appellant or appellants attorney; or
(b) By the clerk if prepared by him.
Sec. 23.5. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division of Mental Health and Developmental Services of the Department of Human Resources for that purpose.
2. The Division of Mental Health and Developmental Services shall adopt regulations to establish:
(a) Requirements for certification of a person who provides reports and evaluations concerning the competency of a defendant pursuant to this section and NRS 178.400 to 178.460, inclusive;
(b) Reasonable fees for issuing and renewing such certificates; and
(c) Requirements for continuing education for the renewal of a certificate.
3. The fees so collected must be used only to:
(a) Defray the cost of issuing and renewing certificates; and
κ2003 Statutes of Nevada, Page 1470 (Chapter 284, AB 156)κ
(b) Pay any other expenses incurred by the Division of Mental Health and Developmental Services in carrying out its duties pursuant to this section.
4. The Division of Mental Health and Developmental Services shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the Division of Mental Health and Developmental Services. The Division of Mental Health and Developmental Services may enter into a contract with another person, organization or agency to carry out or assist in carrying out the provisions of this subsection.
Sec. 24. NRS 178.388 is hereby amended to read as follows:
178.388 1. Except as otherwise provided in this title, the defendant must be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. A corporation may appear by counsel for all purposes.
2. In prosecutions for offenses not punishable by death:
(a) The defendants voluntary absence after the trial has been commenced in his presence must not prevent continuing the trial to and including the return of the verdict.
(b) If the defendant was present at the trial through the time he pleads guilty [or guilty but mentally ill] or is found guilty but at the time of his sentencing is incarcerated in another jurisdiction, he may waive his right to be present at the sentencing proceedings and agree to be sentenced in this state in his absence. The defendants waiver is valid only if it is:
(1) Made knowingly, intelligently and voluntarily after consulting with an attorney licensed to practice in this state;
(2) Signed and dated by the defendant and notarized by a notary public or judicial officer; and
(3) Signed and dated by his attorney after it has been signed by the defendant and notarized.
3. In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year, or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendants absence, if the court determines that the defendant was fully aware of his applicable constitutional rights when he gave his consent.
4. The presence of the defendant is not required at the arraignment or any preceding stage if the court has provided for the use of a closed-circuit television to facilitate communication between the court and the defendant during the proceeding. If closed-circuit television is provided for, members of the news media may observe and record the proceeding from both locations unless the court specifically provides otherwise.
5. The defendants presence is not required at the settling of jury instructions.
Sec. 24.5. NRS 178.415 is hereby amended to read as follows:
178.415 1. Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division of Mental Health and Developmental Services of the Department of Human Resources, to examine the defendant.
κ2003 Statutes of Nevada, Page 1471 (Chapter 284, AB 156)κ
2. At a hearing in open court, the judge shall receive the report of the examination and shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may introduce other evidence and cross-examine one anothers witnesses.
3. The court shall then make and enter its finding of competence or incompetence.
4. The court shall not appoint a person to provide a report or an evaluation pursuant to this section, unless the person is certified by the Division of Mental Health and Developmental Services pursuant to section 23.5 of this act.
Sec. 25. (Deleted by amendment.)
Sec. 25.5. NRS 178.455 is hereby amended to read as follows:
178.455 1. Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team who is certified pursuant to section 23.5 of this act to evaluate the defendant. The Administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist , must be certified pursuant to section 23.5 of this act and must not be a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the Administrator or his designee shall report to the court in writing his specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to understand the nature of the offense charged;
(b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.
2. A copy of the report must be:
(a) Maintained by the Administrator of the Division of Mental Health and Developmental Services or his designee and incorporated in the medical record of the person; and
(b) Sent to the office of the district attorney and to the counsel for the outpatient or person committed.
3. In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator of the Division of Mental Health and Developmental Services or his designee:
(a) Send a copy of the report by the Administrator or his designee to the prosecuting attorney and to the defendants counsel;
(b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or his designee or the members of the defendants treatment team on the determination of the report; and
(c) Within 10 days after the hearing, if any, or 20 days after the report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.
κ2003 Statutes of Nevada, Page 1472 (Chapter 284, AB 156)κ
Sec. 26. NRS 178.460 is hereby amended to read as follows:
178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.
2. If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division of Mental Health and Developmental Services of the Department of Human Resources to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.
3. Within 10 days after the hearing or 20 days after the report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:
(a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to society.
4. If the judge finds the defendant:
(a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.
(b) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant.
(c) Incompetent, but there is a substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.
5. No person who is committed under the provisions of this chapter may be held in the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged [.] or 10 years, whichever period is shorter. Upon expiration of the applicable period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.
κ2003 Statutes of Nevada, Page 1473 (Chapter 284, AB 156)κ
Sec. 27. NRS 179.225 is hereby amended to read as follows:
179.225 1. If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the Office of the Attorney General for that purpose, upon approval by the State Board of Examiners. After the appropriation is exhausted, the expenses must be paid from the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners. In all other cases, they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:
(a) If the prisoner is returned to this state from another state, the fees paid to the officers of the state on whose governor the requisition is made;
(b) If the prisoner is returned to this state from a foreign country or jurisdiction, the fees paid to the officers and agents of this state or the United States; or
(c) If the prisoner is temporarily returned for prosecution to this state from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this state,
and the necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.
2. If a person is returned to this state pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty [, guilty but mentally ill] or nolo contendere to the criminal charge for which he was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine his ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:
(a) Child support;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62.2175, 176.059 and 176.062.
3. If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the Attorney General or other governmental entity in returning him to this state. The court shall not order the person to make restitution if payment of restitution will prevent him from paying any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of his sentence.
4. The Attorney General may adopt regulations to carry out the provisions of this section.
Sec. 28. NRS 34.735 is hereby amended to read as follows:
34.735 A petition must be in substantially the following form, with appropriate modifications if the petition is filed in the Supreme Court:
Case No. .............................
Dept. No. .............................
IN THE .................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF...........
κ2003 Statutes of Nevada, Page 1474 (Chapter 284, AB 156)κ
...............................................................
Petitioner,
v. PETITION FOR WRIT
OF HABEAS CORPUS
(POSTCONVICTION)
...............................................................
Respondent.
INSTRUCTIONS:
(1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
(2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.
(3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the Department of Corrections, name the warden or head of the institution. If you are not in a specific institution of the Department but within its custody, name the Director of the Department of Corrections.
(5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.
(6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.
(7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted. One copy must be mailed to the respondent, one copy to the Attorney Generals Office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty:
.........................................................................................................................................
2. Name and location of court which entered the judgment of conviction under attack:
.........................................................................................................................................
3. Date of judgment of conviction: ..................................................................
κ2003 Statutes of Nevada, Page 1475 (Chapter 284, AB 156)κ
4. Case number: ...................................................................................................
5. (a) Length of sentence: ...................................................................................
.........................................................................................................................................
(b) If sentence is death, state any date upon which execution is scheduled:
6. Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ........ No ........
If yes, list crime, case number and sentence being served at this time: .........
.........................................................................................................................................
.........................................................................................................................................
7. Nature of offense involved in conviction being challenged: ...................
.........................................................................................................................................
8. What was your plea? (check one)
(a) Not guilty ........
(b) Guilty ........
(c) [Guilty but mentally ill .......
(d)] Nolo contendere ........
9. If you entered a plea of guilty [or guilty but mentally ill] to one count of an indictment or information, and a plea of not guilty to another count of an indictment or information, or if a plea of guilty [or guilty but mentally ill] was negotiated, give details:
.........................................................................................................................................
.........................................................................................................................................
10. If you were found guilty after a plea of not guilty, was the finding made by: (check one)
(a) Jury ........
(b) Judge without a jury ........
11. Did you testify at the trial? Yes ........ No ........
12. Did you appeal from the judgment of conviction? Yes ........ No ........
13. If you did appeal, answer the following:
(a) Name of court: ................................................................................................
(b) Case number or citation: ...............................................................................
(c) Result: ................................................................................................................
(d) Date of result: ..................................................................................................
(Attach copy of order or decision, if available.)
14. If you did not appeal, explain briefly why you did not: ........................
.........................................................................................................................................
.........................................................................................................................................
15. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........ No ........
16. If your answer to No. 15 was yes, give the following information:
(a) (1) Name of court: ..........................................................................................
(2) Nature of proceeding: ..............................................................................
.........................................................................................................................................
(3) Grounds raised: .........................................................................................
.........................................................................................................................................
.........................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
κ2003 Statutes of Nevada, Page 1476 (Chapter 284, AB 156)κ
(5) Result: .........................................................................................................
(6) Date of result: ............................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
.........................................................................................................................................
(b) As to any second petition, application or motion, give the same information:
(1) Name of court: ..........................................................................................
(2) Nature of proceeding: ..............................................................................
(3) Grounds raised: .........................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result: .........................................................................................................
(6) Date of result: ............................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:
.........................................................................................................................................
(c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.
(d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ........ No ........
Citation or date of decision: ...................................................................
(2) Second petition, application or motion? Yes ........ No .........
Citation or date of decision: ...................................................................
(3) Third or subsequent petitions, applications or motions? Yes ....... No ........
Citation or date of decision: ...................................................................
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.........................................................................................................................................
.........................................................................................................................................
17. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion, application or any other postconviction proceeding? If so, identify:
(a) Which of the grounds is the same: ...............................................................
.........................................................................................................................................
(b) The proceedings in which these grounds were raised: ...............................
.........................................................................................................................................
(c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ......................................................................................
.........................................................................................................................................
18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition.
κ2003 Statutes of Nevada, Page 1477 (Chapter 284, AB 156)κ
paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.........................................................................................................................................
19. Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.) ...........................................................................................................
.........................................................................................................................................
20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ........ No ........
If yes, state what court and the case number: .......................................................
.........................................................................................................................................
21. Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal:
.........................................................................................................................................
22. Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ........ No ........
If yes, specify where and when it is to be served, if you know: ..........................
.........................................................................................................................................
23. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.
(a) Ground one: .....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): ..........
.........................................................................................................................................
.........................................................................................................................................
(b) Ground two: .....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): ..........
.........................................................................................................................................
.........................................................................................................................................
(c) Ground three: ...................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): ..........
.........................................................................................................................................
.........................................................................................................................................
(d) Ground four: ....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.): ..........
.........................................................................................................................................
.........................................................................................................................................
WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.
EXECUTED at ................... on the ....... day of the month of ....... of the year .......
κ2003 Statutes of Nevada, Page 1478 (Chapter 284, AB 156)κ
.........................................................
Signature of petitioner
.........................................................
Address
...............................................................
Signature of attorney (if any)
...............................................................
Attorney for petitioner
...............................................................
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.
.........................................................
Petitioner
.........................................................
Attorney for petitioner
CERTIFICATE OF SERVICE BY MAIL
I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on this ........ day of the month of ........ of the year ........, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:
.................................................................................
Respondent prison or jail official
.................................................................................
Address
.................................................................................
Attorney General
Heroes Memorial Building
Capitol Complex
Carson City, Nevada 89710
.................................................................................
District Attorney of County of Conviction
.................................................................................
Address
.........................................................
Signature of Petitioner
Sec. 29. NRS 34.810 is hereby amended to read as follows:
34.810 1. The court shall dismiss a petition if the court determines that:
κ2003 Statutes of Nevada, Page 1479 (Chapter 284, AB 156)κ
(a) The petitioners conviction was upon a plea of guilty [or guilty but mentally ill] and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.
(b) The petitioners conviction was the result of a trial and the grounds for the petition could have been:
(1) Presented to the trial court;
(2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or postconviction relief; or
(3) Raised in any other proceeding that the petitioner has taken to secure relief from his conviction and sentence,
unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.
2. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
3. Pursuant to subsections 1 and 2, the petitioner has the burden of pleading and proving specific facts that demonstrate:
(a) Good cause for the petitioners failure to present the claim or for presenting the claim again; and
(b) Actual prejudice to the petitioner.
The petitioner shall include in the petition all prior proceedings in which he challenged the same conviction or sentence.
4. The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.
Sec. 30. NRS 41B.070 is hereby amended to read as follows:
41B.070 Convicted and conviction mean a judgment based upon:
1. A plea of guilty [, guilty but mentally ill] or nolo contendere;
2. A finding of guilt by a jury or a court sitting without a jury;
3. An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or
4. Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.
Sec. 31. NRS 48.061 is hereby amended to read as follows:
48.061 Evidence of domestic violence as defined in NRS 33.018 and expert testimony concerning the effect of domestic violence on the beliefs, behavior and perception of the person alleging the domestic violence is admissible in chief and in rebuttal, when determining:
1. Whether a person is excepted from criminal liability pursuant to subsection [6] 7 of NRS 194.010, to show the state of mind of the defendant.
2. Whether a person in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.
Sec. 32. NRS 48.125 is hereby amended to read as follows:
48.125 1. Evidence of a plea of guilty [or guilty but mentally ill,] , later withdrawn, or of an offer to plead guilty [or guilty but mentally ill] to the crime charged or any other crime is not admissible in a criminal proceeding involving the person who made the plea or offer.
κ2003 Statutes of Nevada, Page 1480 (Chapter 284, AB 156)κ
2. Evidence of a plea of nolo contendere or of an offer to plead nolo contendere to the crime charged or any other crime is not admissible in a civil or criminal proceeding involving the person who made the plea or offer.
Sec. 33. NRS 50.068 is hereby amended to read as follows:
50.068 1. A defendant is not incompetent to be a witness solely by reason of the fact that he enters into an agreement with the prosecuting attorney in which he agrees to testify against another defendant in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for a recommendation of a reduced sentence.
2. The testimony of the defendant who is testifying may be admitted whether or not he has entered his plea or been sentenced pursuant to the agreement with the prosecuting attorney.
Sec. 34. NRS 51.295 is hereby amended to read as follows:
51.295 1. Evidence of a final judgment, entered after trial or upon a plea of guilty , [or guilty but mentally ill,] but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of 1 year, is not inadmissible under the hearsay rule to prove any fact essential to sustain the judgment.
2. This section does not make admissible, when offered by the State in a criminal prosecution for purposes other than impeachment, a judgment against a person other than the accused.
3. The pendency of an appeal may be shown but does not affect admissibility.
Sec. 35. NRS 193.210 is hereby amended to read as follows:
193.210 A person is of sound mind who is not affected with insanity and who has arrived at the age of 14 years, or before that age if he knew the distinction between good and evil.
Sec. 36. NRS 193.220 is hereby amended to read as follows:
193.220 No act committed by a person while in a state of [insanity or] voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the fact of his [insanity or] intoxication may be taken into consideration in determining the purpose, motive or intent.
Sec. 37. NRS 194.010 is hereby amended to read as follows:
194.010 All persons are liable to punishment except those belonging to the following classes:
1. Children under the age of 8 years.
2. Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.
3. Persons who committed the act charged or made the omission charged in a state of insanity.
4. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.
[4.] 5. Persons who committed the act charged without being conscious thereof.
[5.] 6. Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.
κ2003 Statutes of Nevada, Page 1481 (Chapter 284, AB 156)κ
[6.] 7. Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.
Sec. 38. NRS 200.485 is hereby amended to read as follows:
200.485 1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
3. An offense that occurred within 7 years immediately 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 to the sequence of the offenses and convictions. 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.
κ2003 Statutes of Nevada, Page 1482 (Chapter 284, AB 156)κ
4. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.
5. In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Human Resources.
6. If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.
7. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
8. As used in this section:
(a) Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(b) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(c) Offense includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 39. NRS 202.270 is hereby amended to read as follows:
202.270 1. A person who destroys, or attempts to destroy, with dynamite, nitroglycerine, gunpowder or other high explosive, any dwelling house or other building, knowing or having reason to believe that a human being is therein at the time, is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(c) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
in the discretion of the jury, or of the court upon a plea of guilty . [or guilty but mentally ill.]
2. A person who conspires with others to commit the offense described in subsection 1 shall be punished in the same manner.
κ2003 Statutes of Nevada, Page 1483 (Chapter 284, AB 156)κ
Sec. 40. NRS 202.885 is hereby amended to read as follows:
202.885 1. A person may not be prosecuted or convicted pursuant to NRS 202.882 unless a court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor for:
(a) The violent or sexual offense against the child; or
(b) Any other offense arising out of the same facts as the violent or sexual offense against the child.
2. For any violation of NRS 202.882, an indictment must be found or an information or complaint must be filed within 1 year after the date on which:
(a) A court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor as provided in subsection 1; or
(b) The violation is discovered,
whichever occurs later.
3. For the purposes of this section:
(a) A court in any other jurisdiction includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) Convicted and conviction mean a judgment based upon:
(1) A plea of guilty [, guilty but mentally ill] or nolo contendere;
(2) A finding of guilt by a jury or a court sitting without a jury;
(3) An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or
(4) Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.
(c) A court enters a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(d) Culpable actor means a person who:
(1) Causes or perpetrates an unlawful act;
(2) Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate an unlawful act; or
(3) Is a principal in any degree, accessory before or after the fact, accomplice or conspirator to an unlawful act.
Sec. 41. NRS 207.016 is hereby amended to read as follows:
207.016 1. A conviction pursuant to NRS 207.010, 207.012 or 207.014 operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
2. If a count pursuant to NRS 207.010, 207.012 or 207.014 is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count pursuant to NRS 207.010, 207.012 or 207.014 may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.
3. If a defendant charged pursuant to NRS 207.010, 207.012 or 207.014 pleads guilty [or guilty but mentally ill to,] to or is found guilty of [,] the primary offense [,] but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant.
κ2003 Statutes of Nevada, Page 1484 (Chapter 284, AB 156)κ
shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:
(a) Pursuant to NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;
(b) Pursuant to NRS 207.012 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or
(c) Pursuant to NRS 207.014 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.
4. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
5. For the purposes of NRS 207.010, 207.012 and 207.014, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
6. Nothing in the provisions of this section, NRS 207.010, 207.012 or 207.014 prohibits a court from imposing an adjudication of habitual criminality, adjudication of habitual felon or adjudication of habitually fraudulent felon based upon a stipulation of the parties.
Sec. 42. NRS 207.193 is hereby amended to read as follows:
207.193 1. Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, not less than 72 hours before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. A person may stipulate that his offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere [, guilty] or guilty . [but mentally ill.]
5. The court shall enter in the record:
(a) Its finding from a hearing held pursuant to subsection 1; or
(b) A stipulation made pursuant to subsection 4.
6. For the purposes of this section, an offense is sexually motivated if one of the purposes for which the person committed the offense was his sexual gratification.
κ2003 Statutes of Nevada, Page 1485 (Chapter 284, AB 156)κ
Sec. 43. NRS 212.189 is hereby amended to read as follows:
212.189 1. Except as otherwise provided in subsection 9, a prisoner who is in lawful custody or confinement, other than residential confinement, shall not knowingly:
(a) Store or stockpile any human excrement or bodily fluid;
(b) Sell, supply or provide any human excrement or bodily fluid to any other person;
(c) Buy, receive or acquire any human excrement or bodily fluid from any other person; or
(d) Use, propel, discharge, spread or conceal, or cause to be used, propelled, discharged, spread or concealed, any human excrement or bodily fluid:
(1) With the intent to have the excrement or bodily fluid come into physical contact with any portion of the body of an officer or employee of a prison or any other person, whether or not such physical contact actually occurs; or
(2) Under circumstances in which the excrement or bodily fluid is reasonably likely to come into physical contact with any portion of the body of an officer or employee of a prison or any other person, whether or not such physical contact actually occurs.
2. Except as otherwise provided in subsection 3, if a prisoner violates any provision of subsection 1, the prisoner 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 10 years, and may be further punished by a fine of not more than $10,000.
3. If a prisoner violates any provision of paragraph (d) of subsection 1 and, at the time of the offense, the prisoner knew that any portion of the excrement or bodily fluid involved in the offense contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm, whether or not the communicable disease was transmitted to a victim as a result of the offense, the prisoner is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(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 may be further punished by a fine of not more than $50,000.
4. A sentence imposed upon a prisoner pursuant to subsection 2 or 3:
(a) Is not subject to suspension or the granting of probation; and
(b) Must run consecutively after the prisoner has served any sentences imposed upon him for the offense or offenses for which the prisoner was in lawful custody or confinement when he violated the provisions of subsection 1.
5. In addition to any other penalty, the court shall order a prisoner who violates any provision of paragraph (d) of subsection 1 to reimburse the appropriate person or governmental body for the cost of any examinations or testing:
(a) Conducted pursuant to paragraphs (a) and (b) of subsection 7; or
(b) Paid for pursuant to subparagraph (2) of paragraph (c) of subsection 7.
6. The warden, sheriff, administrator or other person responsible for administering a prison shall immediately and fully investigate any act described in subsection 1 that is reported or suspected to have been committed in the prison.
κ2003 Statutes of Nevada, Page 1486 (Chapter 284, AB 156)κ
described in subsection 1 that is reported or suspected to have been committed in the prison.
7. If there is probable cause to believe that an act described in paragraph (d) of subsection 1 has been committed in a prison:
(a) Each prisoner believed to have committed the act or to have been the bodily source of any portion of the excrement or bodily fluid involved in the act must submit to any appropriate examinations and testing to determine whether each such prisoner has any communicable disease.
(b) If possible, a sample of the excrement or bodily fluid involved in the act must be recovered and tested to determine whether any communicable disease is present in the excrement or bodily fluid.
(c) If the excrement or bodily fluid involved in the act came into physical contact with any portion of the body of an officer or employee of a prison or any other person:
(1) The results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be provided to each such officer, employee or other person; and
(2) For each such officer or employee, the person or governmental body operating the prison where the act was committed shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to him as a result of the act.
(d) The results of the investigation conducted pursuant to subsection 6 and the results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be submitted to the district attorney of the county in which the act was committed or to the office of the Attorney General for possible prosecution of each prisoner who committed the act.
8. If a prisoner is charged with committing an act described in paragraph (d) of subsection 1 and a victim or an intended victim of the act was an officer or employee of a prison, the prosecuting attorney shall not dismiss the charge in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
9. The provisions of this section do not apply to a prisoner who commits an act described in subsection 1 if the act:
(a) Is otherwise lawful and is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his designee, and the prisoner performs the act in accordance with the directions or instructions given to him by that person;
(b) Involves the discharge of human excrement or bodily fluid directly from the body of the prisoner and the discharge is the direct result of a temporary or permanent injury, disease or medical condition afflicting the prisoner that prevents the prisoner from having physical control over the discharge of his own excrement or bodily fluid; or
(c) Constitutes voluntary sexual conduct with another person in violation of the provisions of NRS 212.187.
Sec. 44. NRS 453.3363 is hereby amended to read as follows:
453.3363 1. If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, [guilty but mentally ill,] nolo contendere or similar plea to a charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.
κ2003 Statutes of Nevada, Page 1487 (Chapter 284, AB 156)κ
plea of guilty, [guilty but mentally ill,] nolo contendere or similar plea to a charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.
2. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the Department of Corrections.
3. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.
4. Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.
5. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
Sec. 45. NRS 453.348 is hereby amended to read as follows:
453.348 In any proceeding brought under NRS 453.316, 453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty [or guilty but mentally ill] to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.
κ2003 Statutes of Nevada, Page 1488 (Chapter 284, AB 156)κ
Sec. 46. NRS 453.575 is hereby amended to read as follows:
453.575 1. If a defendant pleads guilty [or guilty but mentally ill to,] to or is found guilty of [,] any violation of this chapter and an analysis of a controlled substance or other substance or drug was performed in relation to his case, the court shall include in the sentence an order that the defendant pay the sum of $60 as a fee for the analysis of the controlled substance or other substance or drug.
2. Except as otherwise provided in this subsection, any money collected for such an analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket.
3. The money collected pursuant to subsection 1 in any district, municipal or justices court must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
4. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. The governing body of each city shall create in the city treasury a fund to be designated as the fund for forensic services. Upon receipt, the county or city treasurer, as appropriate, shall deposit any fee for the analyses of controlled substances or other substances or drugs in the fund. The money from such deposits must be accounted for separately within the fund.
5. Except as otherwise provided in subsection 6, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
6. In counties which do not receive forensic services under a contract with the State, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of controlled substances or other substances or drugs performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
Sec. 47. NRS 454.358 is hereby amended to read as follows:
454.358 1. When a defendant pleads guilty [or guilty but mentally ill to,] to or is found guilty of [,] any violation of this chapter and an analysis of a dangerous drug was performed in relation to his case, the justice or judge shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous drug.
2. The money collected for such an analysis must not be deducted from the fine imposed by the justice or judge, but must be taxed against the defendant in addition to the fine.
κ2003 Statutes of Nevada, Page 1489 (Chapter 284, AB 156)κ
defendant in addition to the fine. The money collected for such an analysis must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.
3. The money collected pursuant to subsection 1 in municipal court must be paid by the clerk of the court to the county treasurer on or before the [5th] fifth day of each month for the preceding month.
4. The money collected pursuant to subsection 1 in justices courts must be paid by the clerk of the court to the county treasurer on or before the [5th] fifth day of each month for the preceding month.
5. The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous drugs in the fund.
6. In counties which receive forensic services under a contract with the State, any money in the fund for forensic services must be paid monthly by the county treasurer to the State Treasurer for deposit in the State General Fund, after retaining 2 percent of the money to cover his administrative expenses.
7. In counties which do not receive forensic services under a contract with the State, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of dangerous drugs performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
Sec. 48. NRS 483.560 is hereby amended to read as follows:
483.560 1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his drivers license has been cancelled, revoked or suspended is guilty of a misdemeanor.
2. Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of:
(a) A violation of NRS 484.379, 484.3795 or 484.384;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),
the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months or by serving a term of residential confinement for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended.
κ2003 Statutes of Nevada, Page 1490 (Chapter 284, AB 156)κ
sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty [, of guilty but mentally ill] or of nolo contendere to a lesser charge or for any other reason, unless in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.
3. A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.
5. If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while his license was:
(a) Suspended, the Department shall extend the period of the suspension for an additional like period.
(b) Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted, the Department shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(d) Suspended or cancelled for an indefinite period, the Department shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
6. Suspensions and revocations imposed pursuant to this section must run consecutively.
Sec. 49. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Unless a greater penalty is provided pursuant to NRS 484.3795, a person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:
(1) Except as otherwise provided in subparagraph (4) or subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;
(3) Fine him not less than $400 nor more than $1,000; and
(4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
κ2003 Statutes of Nevada, Page 1491 (Chapter 284, AB 156)κ
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:
(1) Sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 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;
(2) Fine him not less than $750 nor more than $1,000;
(3) Order him to perform not less than 100 hours, but not more than 200 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this subsection is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, 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 1 year and a maximum term of not more than 6 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 from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. An offense that occurred within 7 years immediately 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 to the sequence of the offenses and convictions. 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.
3. A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. 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 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation.
κ2003 Statutes of Nevada, Page 1492 (Chapter 284, AB 156)κ
sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,
and the court shall notify the Department if the person fails to complete the assigned course within the specified time.
7. 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.
8. As used in this section, unless the context otherwise requires:
(a) Concentration of alcohol of 0.18 or more in his blood or breath means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of this breath.
(b) Offense means:
(1) A violation of NRS 484.379 or 484.3795;
(2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795; or
(3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).
Sec. 50. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or breath;
(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 0.10 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,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 causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.
κ2003 Statutes of Nevada, Page 1493 (Chapter 284, AB 156)κ
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 causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. 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 blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his 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.
4. 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.
Sec. 51. NRS 484.3797 is hereby amended to read as follows:
484.3797 1. The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads guilty [or guilty but mentally ill to,] to or is found guilty of [,] any violation of NRS 484.379 or 484.3795, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
κ2003 Statutes of Nevada, Page 1494 (Chapter 284, AB 156)κ
(a) Attend, at the defendants expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1.
The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendants residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.
Sec. 52. NRS 484.3798 is hereby amended to read as follows:
484.3798 1. If a defendant pleads guilty [or guilty but mentally ill to,] to or is found guilty of [,] any violation of NRS 484.379 or 484.3795 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
κ2003 Statutes of Nevada, Page 1495 (Chapter 284, AB 156)κ
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by, or training for employees of an analytical laboratory that is approved by the committee on testing for intoxication created in NRS 484.388.
Sec. 53. NRS 484.3945 is hereby amended to read as follows:
484.3945 1. A person required to install a device pursuant to NRS 484.3943 shall not operate a motor vehicle without a device or tamper with the device.
2. A person who violates any provision of subsection 1:
(a) Must have his driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and
(b) Shall be:
(1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or
(2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.
No person who is punished pursuant to this section may be granted probation , and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty [, of guilty but mentally ill] or of nolo contendere to a lesser charge or for any other reason unless, in his judgment, the charge is not supported by probable cause or cannot be proved at trial.
Sec. 54. NRS 488.420 is hereby amended to read as follows:
488.420 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.10 or more in his blood or breath;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 or more in his blood or breath;
(d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or
(f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,
and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty [, guilty but mentally ill] or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
κ2003 Statutes of Nevada, Page 1496 (Chapter 284, AB 156)κ
unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. 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 vessel under power or sail, and before his blood was tested, to cause him to have a concentration of alcohol of 0.10 or more in his 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.
4. If a person less than 15 years of age was in the vessel at the time of the defendants violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 55. NRS 488.440 is hereby amended to read as follows:
488.440 1. If a defendant pleads guilty [or guilty but mentally ill to,] to or is found guilty of, a violation of NRS 488.410 or 488.420 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the committee on testing for intoxication created in NRS 484.388.
κ2003 Statutes of Nevada, Page 1497 (Chapter 284, AB 156)κ
laboratory that is approved by the committee on testing for intoxication created in NRS 484.388.
Sec. 56. NRS 489.421 is hereby amended to read as follows:
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license required by any political subdivision of this state.
3. Failure to respond to a notice served by the Division as provided by law within the time specified in the notice.
4. Failure to take the corrective action required in a notice of violation issued pursuant to NRS 489.291.
5. Failure or refusing to permit access by the Administrator to documentary materials set forth in NRS 489.231.
6. Disregarding or violating any order of the Administrator, any agreement with the Division, or any provision of this chapter or any regulation adopted under it.
7. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
8. Conviction of or entering a plea of guilty [, guilty but mentally ill] or nolo contendere to a felony or a crime of moral turpitude in this state or any other state, territory or country.
9. Any other conduct that constitutes deceitful, fraudulent or dishonest dealing.
Sec. 57. NRS 616A.250 is hereby amended to read as follows:
616A.250 Incarcerated means confined in:
1. Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty or nolo contendere in a criminal proceeding; or
2. Any institution or facility for the mentally ill as a result of a plea of not guilty by reason of insanity in a criminal proceeding,
in this state, another state or a foreign country.
Sec. 58. NRS 624.265 is hereby amended to read as follows:
624.265 1. An applicant for a contractors license or a licensed contractor and each officer, director, partner and associate thereof must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof, has:
(a) Committed any act which would be grounds for the denial, suspension or revocation of a contractors license;
(b) A bad reputation for honesty and integrity;
(c) Entered a plea of nolo contendere [, guilty] or guilty [but mentally ill] to, been found guilty of or been convicted of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
(d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.
2. Upon the request of the Board, an applicant for a contractors license, and any officer, director, partner or associate of the applicant, must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicants background and the submission of his fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation.
κ2003 Statutes of Nevada, Page 1498 (Chapter 284, AB 156)κ
investigation of the applicants background and the submission of his fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicants fingerprints may be taken by an agent of the Board or an agency of law enforcement.
3. The Board shall keep the results of the investigation confidential and not subject to inspection by the general public.
4. The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
5. The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:
(a) Arrests;
(b) Guilty pleas;
(c) Sentencing;
(d) Probation;
(e) Parole;
(f) Bail;
(g) Complaints; and
(h) Final dispositions,
for the investigation of a licensee or an applicant for a contractors license.
Sec. 59. NRS 632.320 is hereby amended to read as follows:
632.320 The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.
2. Is guilty of a felony or any offense:
(a) Involving moral turpitude; or
(b) Related to the qualifications, functions or duties of a licensee or holder of a certificate,
in which case the record of conviction is conclusive evidence thereof.
3. Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4. Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
5. Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his license or certificate.
6. Is mentally incompetent.
7. Is guilty of unprofessional conduct, which includes, but is not limited to, the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
κ2003 Statutes of Nevada, Page 1499 (Chapter 284, AB 156)κ
(b) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
(c) Impersonating another licensed practitioner or holder of a certificate.
(d) Permitting or allowing another person to use his license or certificate to practice as a licensed practical nurse, registered nurse or nursing assistant.
(e) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.
(f) Physical, verbal or psychological abuse of a patient.
(g) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
8. Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
9. Is guilty of aiding or abetting any person in a violation of this chapter.
10. Has falsified an entry on a patients medical chart concerning a controlled substance.
11. Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.
12. Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.
13. Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
14. Has willfully failed to comply with a regulation, subpoena or order of the Board.
For the purposes of this section, a plea or verdict of guilty [or guilty but mentally ill] or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.
Sec. 60. NRS 639.006 is hereby amended to read as follows:
639.006 Conviction means a plea or verdict of guilty [or guilty but mentally ill] or a conviction following a plea of nolo contendere to a charge of a felony, any offense involving moral turpitude or any violation of the provisions of this chapter or chapter 453 or 454 of NRS.
Sec. 61. NRS 645.330 is hereby amended to read as follows:
645.330 1. Except as otherwise provided by specific statute, the Division may approve an application for a license for a person who meets all the following requirements:
(a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the Division.
(b) Has not made a false statement of material fact on his application.
(c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.
(d) Has submitted the statement required pursuant to NRS 645.358 if the person is a natural person.
(e) Has passed the examination.
2. The Division:
κ2003 Statutes of Nevada, Page 1500 (Chapter 284, AB 156)κ
(a) May deny a license to any person who has been convicted of, or entered a plea of guilty [, guilty but mentally ill] or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and
(b) Shall not issue a license to such a person until at least 3 years after:
(1) The person pays any fine or restitution ordered by the court; or
(2) The expiration of the period of the persons parole, probation or sentence,
whichever is later.
3. Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 10 years before the date of the application is grounds for refusal to grant a license.
4. A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a brokers license.
Sec. 62. NRS 645.350 is hereby amended to read as follows:
645.350 1. An application for a license as a real estate broker, broker-salesman or salesman must be submitted in writing to the Division upon blanks prepared or furnished by the Division.
2. Every application for a real estate brokers, broker-salesmans or salesmans license must set forth the following information:
(a) The name, age and address of the applicant. If the applicant is a partnership or an association which is applying to do business as a real estate broker, the application must contain the name and address of each member thereof. If the application is for a corporation which is applying to do business as a real estate salesman, real estate broker-salesman or real estate broker, the application must contain the name and address of each officer and director thereof. If the applicant is a limited-liability company which is applying to do business as a real estate broker, the companys articles of organization must designate a manager, and the name and address of the manager and each member must be listed in the application.
(b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicants company, firm, partnership or association. Except as otherwise provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the State. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) In the case of a broker, the place or places, including the street number, city and county, where the business is to be conducted.
(d) If the applicant is a natural person, the social security number of the applicant.
κ2003 Statutes of Nevada, Page 1501 (Chapter 284, AB 156)κ
(e) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.
(f) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
(g) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty [, guilty but mentally ill] or nolo contendere to a charge of felony, and if so, the nature of the felony.
(h) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.
(i) Whether the applicant has been refused a real estate brokers, broker-salesmans or salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.
(j) If the applicant is a member of a limited-liability company, partnership or association, or an officer of a corporation, the name and address of the office of the limited-liability company, partnership, association or corporation of which the applicant is a member or officer.
3. An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicants activities as a licensee.
4. If a limited-liability company, partnership or association is to do business as a real estate broker, the application for a brokers license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.
Sec. 63. NRS 645.350 is hereby amended to read as follows:
645.350 1. Application for license as a real estate broker, broker-salesman or salesman must be made in writing to the Division upon blanks prepared or furnished by the Division.
2. Every application for a real estate brokers, broker-salesmans or salesmans license must set forth the following information:
(a) The name, age and address of the applicant. If the applicant is a partnership or an association which is applying to do business as a real estate broker, the application must contain the name and address of each member thereof. If the application is for a corporation which is applying to do business as a real estate salesman, real estate broker-salesman or real estate broker, the application must contain the name and address of each officer and director thereof. If the applicant is a limited-liability company which is applying to do business as a real estate broker, the companys articles of organization must designate a manager, and the name and address of the manager and each member must be listed in the application.
(b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicants company, firm, partnership or association. Except as otherwise provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the State.
κ2003 Statutes of Nevada, Page 1502 (Chapter 284, AB 156)κ
under the same fictitious name to more than one licensee within the State. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) In the case of a broker, the place or places, including the street number, city and county, where the business is to be conducted.
(d) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty [, guilty but mentally ill] or nolo contendere to a charge of felony, and if so, the nature of the felony.
(g) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.
(h) Whether the applicant has been refused a real estate brokers, broker-salesmans or salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.
(i) If the applicant is a member of a limited-liability company, partnership or association, or an officer of a corporation, the name and address of the office of the limited-liability company, partnership, association or corporation of which the applicant is a member or officer.
3. An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicants activities as a licensee.
4. If a limited-liability company, partnership or association is to do business as a real estate broker, the application for a brokers license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.
Sec. 64. NRS 645.633 is hereby amended to read as follows:
645.633 1. The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
(a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
(b) Violating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.
(c) Paying a commission, compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
(d) A felony, or has entered a plea of guilty [, guilty but mentally ill] or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
κ2003 Statutes of Nevada, Page 1503 (Chapter 284, AB 156)κ
(e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
(f) Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.
(g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
(h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
(i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
(j) Any conduct which took place before he became licensed, which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.
(k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
(l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.
2. The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
3. The Commission may take action pursuant to NRS 645.630 against any person who:
(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b) In connection with any property for which the person has obtained a written brokerage agreement to manage the property pursuant to NRS 645.6056:
(1) Is convicted of violating any of the provisions of NRS 202.470;
(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the persons duties pursuant to the written brokerage agreement.
4. The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and
(b) Any disciplinary actions taken by the Commission pursuant to subsection 3.
κ2003 Statutes of Nevada, Page 1504 (Chapter 284, AB 156)κ
Sec. 65. NRS 645C.290 is hereby amended to read as follows:
645C.290 An application for a certificate or license must be in writing upon a form prepared and furnished by the Division. The application must include the following information:
1. The name, age and address of the applicant.
2. The place or places, including the street number, city and county, where the applicant intends to conduct business as an appraiser.
3. The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.
4. The periods during which, and the locations where, he gained his experience as an intern.
5. Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty [, guilty but mentally ill] or nolo contendere to:
(a) A felony, and if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.
6. Whether the applicant has ever been refused a certificate, license or permit to act as an appraiser, or has ever had such a certificate, license or permit suspended or revoked, in any other jurisdiction.
7. If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.
8. Any other information the Division requires.
Sec. 66. NRS 645C.320 is hereby amended to read as follows:
645C.320 1. The Administrator shall issue a certificate or license, as appropriate, to any person:
(a) Of good moral character, honesty and integrity;
(b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330;
(c) Who submits the statement required pursuant to NRS 645C.295; and
(d) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission.
2. The Administrator may deny an application for a certificate or license to any person who:
(a) Has been convicted of, or entered a plea of guilty [, guilty but mentally ill] or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on his application; or
(c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.
Sec. 67. NRS 645C.320 is hereby amended to read as follows:
645C.320 1. The Administrator shall issue a certificate or license, as appropriate, to any person:
(a) Of good moral character, honesty and integrity;
(b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330; and
κ2003 Statutes of Nevada, Page 1505 (Chapter 284, AB 156)κ
(c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission.
2. The Administrator may deny an application for a certificate or license to any person who:
(a) Has been convicted of, or entered a plea of guilty [, guilty but mentally ill] or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on his application; or
(c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.
Sec. 68. NRS 690B.029 is hereby amended to read as follows:
690B.029 1. A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this state to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:
(a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the Department of Motor Vehicles; and
(b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:
(1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;
(2) Maintains a driving record free of violations; and
(3) Has not been convicted of or entered a plea of guilty [, guilty but mentally ill] or nolo contendere to a moving traffic violation or an offense involving:
(I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled substance; or
(II) Any other conduct prohibited by NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct.
2. The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.
3. A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.
4. The organization that offers a course of traffic safety approved by the Department of Motor Vehicles shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.
5. The Commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the commissioner before delivering or issuing a policy with a provision containing such a reduction.
Sec. 69. NRS 174.041, 176.127 and 176.129 are hereby repealed.
κ2003 Statutes of Nevada, Page 1506 (Chapter 284, AB 156)κ
Sec. 70. The Division of Mental Health and Developmental Services of the Department of Human Resources shall adopt regulations pursuant to section 23.5 of this act by not later than December 31, 2003, and shall begin administering examinations to determine eligibility for certification to provide reports and evaluations concerning the competency of a defendant pursuant to NRS 178.400 to 178.460, inclusive, by not later than March 1, 2004.
Sec. 71. The Legislative Counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes, remove or appropriately change any references to guilty but mentally ill.
Sec. 72. 1. This section and sections 1 to 23, inclusive, 24, 26 to 61, inclusive, 64, 65 and 68 to 71, inclusive, of this act become effective on July 1, 2003.
2. Section 23.5 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on July 1, 2004, for all other purposes.
3. Sections 62 and 66 of this act become effective on July 1, 2003, and expire by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
4. Sections 24.5 and 25.5 of this act become effective on July 1, 2004.
5. Sections 63 and 67 of this act become effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
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Assembly Bill No. 236Assemblymen Buckley, Perkins, Goldwater, Koivisto, Gibbons, Angle, Arberry, Atkinson, Beers, Carpenter, Chowning, Claborn, Collins, Geddes, Giunchigliani, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Pierce and Weber
CHAPTER 285
AN ACT relating to the Office for Consumer Health Assistance; requiring the Office to assist consumers in gaining information regarding certain prescription drug programs; authorizing the Office to accept gifts, grants and donations to support this service; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:
Prescription drug program means a program:
κ2003 Statutes of Nevada, Page 1507 (Chapter 285, AB 236)κ
1. Sponsored or conducted by a manufacturer of prescription drugs at no charge; or
2. Offered by the State of Nevada or a political subdivision thereof.
Sec. 2. NRS 223.500 is hereby amended to read as follows:
223.500 As used in NRS 223.500 to 223.580, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 223.510, 223.520 and 223.530 and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 223.510 is hereby amended to read as follows:
223.510 Consumer means a natural person who has or is in need of coverage under a health care plan [.] or who is in need of information or other assistance regarding a prescription drug program.
Sec. 4. NRS 223.550 is hereby amended to read as follows:
223.550 1. The Office for Consumer Health Assistance is hereby established in the Office of the Governor. The Governor shall appoint the Director. The Director must:
(a) Be:
(1) A physician, as that term is defined in NRS 0.040;
(2) A registered nurse, as that term is defined in NRS 632.019;
(3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or
(4) A physician assistant, as that term is defined in NRS 630.015; and
(b) Have expertise and experience in the field of advocacy.
2. The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, must be paid as follows:
(a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers compensation must be paid from the assessments levied pursuant to NRS 232.680.
(b) That portion of the cost related to the operation of the Bureau for Hospital Patients created pursuant to NRS 223.575 must be paid from the assessments levied pursuant to that section.
(c) That portion of the cost related to providing assistance to consumers in need of information or other facilitation regarding a prescription drug program may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Director for this purpose.
(d) The remaining cost must be provided by direct legislative appropriation from the State General Fund and be paid out on claims as other claims against the State are paid.
Sec. 5. NRS 223.560 is hereby amended to read as follows:
223.560 The Director shall:
1. Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers compensation;
2. Assist consumers and injured employees in understanding their rights and responsibilities under health care plans and policies of industrial insurance;
3. Identify and investigate complaints of consumers and injured employees regarding their health care plans and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
κ2003 Statutes of Nevada, Page 1508 (Chapter 285, AB 236)κ
(a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(b) Providing counseling and assistance to consumers and injured employees concerning health care plans and policies of industrial insurance;
4. Provide information to consumers and injured employees concerning health care plans and policies of industrial insurance in this state;
5. Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office;
6. Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the director pursuant to this section; [and]
7. In appropriate cases and pursuant to the direction of the Governor, refer a complaint or the results of an investigation to the Attorney General for further action [.] ; and
8. Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services.
Sec. 6. NRS 223.570 is hereby amended to read as follows:
223.570 1. The Director may:
(a) Within the limits of available money, employ:
(1) Such persons in the unclassified service of the State as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.
(2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560 and 223.580, who must be in the classified service of the State.
A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Director employs him.
(b) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans , prescription drug programs and policies of industrial insurance as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.
(c) Adopt such regulations as he determines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.
(d) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office in carrying out its duties pursuant to subsection 8 of NRS 223.560.
2. The Director and his employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560 and 223.580. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Director or employee, or any person affiliated with the Director or employee:
(a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;
(b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;
(c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or
κ2003 Statutes of Nevada, Page 1509 (Chapter 285, AB 236)κ
(d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.
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Assembly Bill No. 84Committee on Government Affairs
CHAPTER 286
AN ACT relating to county government; revising the term of office of members of a town advisory board in certain counties; removing the prohibition on consecutive terms of office of members of such a board; providing for the election of a chairman of such a board; revising the requirements regarding the notice of a vacancy on such a board; requiring the provision of notice of the expiration of the term of a member of such a board; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 269.576 is hereby amended to read as follows:
269.576 1. Except as appointment may be deferred pursuant to NRS 269.563, the board of county commissioners of any county whose population is 400,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:
(a) Appointment by the board of county commissioners or the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:
(1) The results of any poll conducted by the town advisory board; and
(2) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.
(b) A term of [4] 2 years for members of the town advisory board . [, which must be staggered and must expire on the first Monday in January of an odd-numbered year. No person who has served for a term as a member of a town advisory board is eligible for reappointment until 2 years after the expiration of his term.
(c) Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.]
(c) Election of a chairman from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the chairmanship, for the election of a chairman from among the members for the remainder of the unexpired term.
κ2003 Statutes of Nevada, Page 1510 (Chapter 286, AB 84)κ
the remainder of the unexpired term. The ordinance must also provide that a chairman is not eligible to succeed himself for a term of office as chairman.
2. The members of a town advisory board serve at the pleasure of the board of county commissioners. If a member is removed, the board of county commissioners shall appoint a new member to serve out the remainder of the unexpired term of the member who was removed.
3. The board of county commissioners shall provide notice of the expiration of the term of a member of and any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least [90] 30 days before the expiration of the term or filling the vacancy.
[3.] 4. The duties of the town advisory board are to:
(a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.
[4.] 5. The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.
Sec. 2. 1. Notwithstanding the amendatory provisions of paragraph (b) of subsection 1 of NRS 269.576, a member of a town advisory board who was elected or appointed on or before October 1, 2003, shall serve out the term to which he was elected or appointed.
2. For the purposes of paragraph (c) of subsection 1 of NRS 269.576, as amended by section 1 of this act, any person who is serving in the capacity of a chairman on a town advisory board on October 1, 2003, is not eligible to serve a consecutive term of office as chairman.
3. If the provisions of an ordinance adopted before October 1, 2003, that establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, do not comply with NRS 269.576, as amended by section 1 of this act, that ordinance must be amended on or before January 1, 2004, to comply with section 1 of this act.
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κ2003 Statutes of Nevada, Page 1511κ
Assembly Bill No. 60Committee on Judiciary
CHAPTER 287
AN ACT relating to the juvenile court; providing an additional exception to mandatory certification of a child for criminal proceedings as an adult; providing that a decision of the juvenile court to deny certification of a child for criminal proceedings as an adult may be appealed; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.080 is hereby amended to read as follows:
62.080 1. Except as otherwise provided in subsection 2 and NRS 62.081, if:
(a) A child is charged with an offense that would be a felony if committed by an adult; and
(b) The child was 14 years of age or older at the time he allegedly committed the offense,
the juvenile court, upon a motion by the district attorney and after a full investigation, may retain jurisdiction or certify the child for proper criminal proceedings to any court that would have jurisdiction to try the offense if committed by an adult.
2. If a child:
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of force or violence against the victim; or
(2) An offense or attempted offense involving the use or threatened use of a firearm; and
(b) Was 14 years of age or older at the time he allegedly committed the offense,
the juvenile court, upon a motion by the district attorney and after a full investigation, shall certify the child for proper criminal proceedings to any court that would have jurisdiction to try the offense if committed by an adult, unless the court specifically finds by clear and convincing evidence that the child is developmentally or mentally incompetent to understand his situation and the proceedings of the court or to aid his attorney in those proceedings or that the childs actions were substantially the result of his substance abuse or emotional or behavioral problems and such substance abuse or problems may be appropriately treated through the jurisdiction of the juvenile court.
3. If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.
4. If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile court, original jurisdiction of his person for that case rests with the court to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile court only upon a showing of exceptional circumstances.
κ2003 Statutes of Nevada, Page 1512 (Chapter 287, AB 60)κ
court to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile court only upon a showing of exceptional circumstances. If the childs case is transferred back to the juvenile court, the judge of that court shall determine whether the exceptional circumstances warrant accepting jurisdiction.
Sec. 2. NRS 62.291 is hereby amended to read as follows:
62.291 1. Appeals from the orders of the court may be taken to the Supreme Court in the same manner as appeals in civil cases are taken.
2. For the purposes of this section, a decision to deny certification of a child for criminal proceedings as an adult is a final judgment from which an appeal may be taken.
Sec. 3. The amendatory provisions of this act apply to a decision to deny certification of a child for criminal proceedings as an adult that is made on or after October 1, 2003.
________
Assembly Bill No. 150Assemblywoman Buckley
CHAPTER 288
AN ACT relating to the Charter of the City of Las Vegas; authorizing the City Attorney and Deputy City Attorneys to represent indigent persons without compensation in certain circumstances; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3.100 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 45, Statutes of Nevada 1991, at page 93, is hereby amended to read as follows:
Sec. 3.100 City Attorney: Appointment; salary; qualifications; duties; private practice prohibited.
1. The City Council shall appoint a City Attorney and shall fix his salary.
2. The City Attorney must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada.
(b) The Chief Legal Officer of the City and, as such, shall advise the City Council and all offices of the City in all matters with respect to the affairs for the City and perform such duties as may be designated by the City Council or prescribed by ordinance.
3. The City Attorney is under the general direction and supervision of the City Council.
4. [The] Except as otherwise provided in NRS 7.065, the City Attorney and Deputy City Attorneys may not engage in the private practice of law.
________
κ2003 Statutes of Nevada, Page 1513κ
Assembly Bill No. 136Committee on Government Affairs
CHAPTER 289
AN ACT relating to local governments; authorizing the creation of a general improvement district for the establishment of an area or zone for the preservation of one or more species or subspecies of wildlife threatened with extinction; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:
In the case of a district created wholly or in part for the establishment of an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., the board shall have the power to:
1. Establish, control, manage and operate or provide money for the establishment, control, management and operation of the area or zone.
2. Purchase, sell, exchange or lease real property, personal property and other interests in property, except water rights, as necessary for the establishment, control, management and operation of the area or zone.
Sec. 2. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica, as provided in NRS 318.118;
3. Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;
4. Furnishing facilities for swimming pools, as provided in NRS 318.1191;
5. Furnishing facilities for television, as provided in NRS 318.1192;
6. Furnishing facilities for FM radio, as provided in NRS 318.1187;
7. Furnishing streets and alleys, as provided in NRS 318.120;
8. Furnishing curbs, gutters and sidewalks, as provided in NRS 318.125;
9. Furnishing sidewalks, as provided in NRS 318.130;
10. Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;
11. Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;
12. Furnishing facilities for lighting streets, as provided in NRS 318.141;
κ2003 Statutes of Nevada, Page 1514 (Chapter 289, AB 136)κ
13. Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;
14. Furnishing recreational facilities, as provided in NRS 318.143;
15. Furnishing facilities for water, as provided in NRS 318.144;
16. Furnishing fencing, as provided in NRS 318.1195;
17. Furnishing facilities for protection from fire, as provided in NRS 318.1181;
18. Furnishing energy for space heating, as provided in NRS 318.1175;
19. Furnishing emergency medical services, as provided in NRS 318.1185; [and]
20. Control and eradication of noxious weeds, as provided in chapter 555 of NRS [.] ; and
21. Establishing, controlling, managing and operating an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.
Sec. 3. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 107Committee on Judiciary
CHAPTER 290
AN ACT relating to crimes; providing an additional penalty for committing a felony in violation of a temporary or extended order for protection; prohibiting a court from granting probation to a person who commits such a crime; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 5 of NRS 200.591, in violation of:
(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;
(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;
(c) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; or
(d) A temporary or extended order issued pursuant to NRS 200.591,
shall be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a term equal to and in addition to the term of imprisonment prescribed by statute for that crime. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person 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 more than 5 years.
κ2003 Statutes of Nevada, Page 1515 (Chapter 290, AB 107)κ
that crime, the person 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 more than 5 years. The sentence prescribed by this section runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.
2. The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, or battery which results in substantial bodily harm if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.
3. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 2. NRS 193.169 is hereby amended to read as follows:
193.169 1. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.
(b) Prohibit alleging in the alternative in the indictment or information that the persons conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
Sec. 3. NRS 33.100 is hereby amended to read as follows:
33.100 [1.] A person who violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. [If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:
(a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of 200 hours of community service;
(b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorneys fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and any minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
κ2003 Statutes of Nevada, Page 1516 (Chapter 290, AB 107)κ
2. The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.]
Sec. 4. NRS 125.560 is hereby amended to read as follows:
125.560 [1.] A person who violates a restraining order or injunction:
[(a)] 1. That is in the nature of a temporary or extended order for protection against domestic violence; and
[(b)] 2. That is issued in an action or proceeding brought pursuant to this title,
is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction. For the purposes of this [subsection,] section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
[2. If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:
(a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of 200 hours of community service;
(b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;
(c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorneys fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and
(d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
3. The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.]
________
κ2003 Statutes of Nevada, Page 1517κ
Assembly Bill No. 48Assemblywoman Giunchigliani
CHAPTER 291
AN ACT relating to labor; clarifying that the duties of the Labor Commissioner include the enforcement of certain provisions related to labor without regard to whether a person is lawfully or unlawfully employed; clarifying that the provisions relating to compensation, wages and hours include persons unlawfully employed by revising the definition of employee; clarifying that the provisions relating to occupational safety and health include persons unlawfully employed by revising the definition of employee; clarifying that the provisions relating to public works projects include persons unlawfully employed by revising the definition of workman; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 607.160 is hereby amended to read as follows:
607.160 1. The Labor Commissioner:
(a) Shall enforce all labor laws of the State of Nevada [the] :
(1) Without regard to whether an employee or workman is lawfully or unlawfully employed; and
(2) The enforcement of which is not specifically and exclusively vested in any other officer, board or commission . [; and]
(b) May adopt regulations to carry out the provisions of paragraph (a).
2. Whenever after due inquiry the Labor Commissioner believes that a person financially unable to employ counsel has a valid and enforceable claim for wages, commissions or other demands, he may present the facts to the Attorney General showing:
(a) The names of the claimant and his alleged debtor.
(b) A description and the location of the property on which the labor was performed, if the claim is for wages, or which is the office or place of business of the debtor if the claim is for a commission, and the right, title and interest of the debtor therein.
(c) Other property, if any, owned by the debtor and the probable value thereof.
(d) The time the claimant began and the time he ceased the labor.
(e) The number of days labor performed by him during the employment and the rate of wages or commission arrangement and terms of the employment.
(f) The date or dates and the amount, if any, paid on the claim.
(g) The balance due, owing and unpaid on the claim.
(h) The date on which a demand for payment was made upon the debtor or his agent or representative, and the response, if any, to that demand.
(i) The names of the witnesses upon whom the claimant expects to rely to provide facts and to what facts each of the witnesses is expected to testify.
3. The Attorney General shall prosecute the claim if he determines that the claim is valid and enforceable.
κ2003 Statutes of Nevada, Page 1518 (Chapter 291, AB 48)κ
Sec. 2. NRS 608.010 is hereby amended to read as follows:
608.010 Employee includes both male and female persons [.] in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.
Sec. 3. NRS 618.085 is hereby amended to read as follows:
618.085 Employee means every person who is required, permitted or directed by any employer to engage in any employment, or to go to work or be at any time in any place of employment [.] , under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.
Sec. 4. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
3. Design-build team means an entity that consists of:
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or is licensed as a professional engineer pursuant to chapter 625 of NRS.
4. Design professional means:
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
5. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1383.
κ2003 Statutes of Nevada, Page 1519 (Chapter 291, AB 48)κ
6. General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
7. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
8. Offense means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
(d) Comply with subsection 4 or 5 of NRS 338.070.
9. Prime contractor means a person who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own workforce to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.
10. Public body means the State, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
11. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit that is a part of a project is included in the cost of the project to determine whether a project meets that threshold.
κ2003 Statutes of Nevada, Page 1520 (Chapter 291, AB 48)κ
included in the cost of the project to determine whether a project meets that threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this state or from federal money.
12. Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
13. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
14. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs , or other bona fide fringe benefits which are a benefit to the workman.
15. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman [.] in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.
Sec. 5. This act becomes effective upon passage and approval.
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Assembly Bill No. 41Assemblyman Collins
CHAPTER 292
AN ACT relating to wildlife; converting the Division of Wildlife of the State Department of Conservation and Natural Resources into the Department of Wildlife; and providing other matters properly relating thereto.
[Approved: May 28, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in this title, Department means the Department of Wildlife.
Sec. 3. As used in this title, Director means the Director of the Department.
κ2003 Statutes of Nevada, Page 1521 (Chapter 292, AB 41)κ
Sec. 4. NRS 501.047 is hereby amended to read as follows:
501.047 As used in this title, game warden means any person authorized by the [Administrator] Director to enforce the provisions of this title and of chapter 488 of NRS.
Sec. 5. NRS 501.119 is hereby amended to read as follows:
501.119 1. The [Division] Department is authorized to determine methods of obtaining necessary data from hunters, trappers and fishermen relative to their activities and success.
2. The methods may include return of reports attached to licenses and tags or questionnaires addressed to license holders.
3. Failure to return such a report or questionnaire within the period specified by regulation of the Commission or the submission of any false statement thereon is cause for the Commission to:
(a) Deny the person the right to acquire any license provided under this title for a period of 1 year; or
(b) Levy an administrative fine of $50 against the person.
4. Any statement made on such a report or questionnaire may not be the basis for prosecution for any indicated violations of other sections of this title.
Sec. 6. NRS 501.181 is hereby amended to read as follows:
501.181 The Commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the [Division] Department in its administration and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the [Administrator] Director to the State Land Registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The revocation of licenses issued pursuant to this title to any person who is convicted of a violation of any provision of this title or any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of this title and of chapter 488 of NRS, including:
κ2003 Statutes of Nevada, Page 1522 (Chapter 292, AB 41)κ
(a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the [Division,] Department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the [Division.] Department.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the [Division] Department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.
Sec. 7. NRS 501.1812 is hereby amended to read as follows:
501.1812 As used in NRS 501.1812 to 501.1818, inclusive, unless the context otherwise requires:
1. License means a license or tag issued by the [Division] Department for:
(a) Recreational hunting or fishing; or
(b) Taking fur-bearing mammals, trapping unprotected mammals or selling raw furs for profit.
2. Permit means a permit issued by the [Division] Department for recreational hunting or fishing.
3. Wildlife conviction means a conviction obtained in any court of competent jurisdiction in this state, including, without limitation, a conviction obtained upon a plea of nolo contendere or upon a forfeiture of bail not vacated in any such court, for a violation of:
κ2003 Statutes of Nevada, Page 1523 (Chapter 292, AB 41)κ
(a) A provision of this title or any regulation adopted pursuant to this title other than a provision of NRS 502.370, 502.390, 503.185, 503.310 or 504.295 to 504.390, inclusive; or
(b) A provision of the Lacey Act Amendment of 1981, Public Law 97-79, if the violation of that provision is based on a violation of a law or regulation of this state.
Sec. 8. NRS 501.1814 is hereby amended to read as follows:
501.1814 1. The Commission shall establish and the [Division] Department shall administer and enforce a system of assessing demerit points for wildlife convictions. The system must be uniform in its operation.
2. Pursuant to the schedule of demerit points established by regulation of the Commission for each wildlife conviction occurring within this state affecting any holder of a license, permit or privilege issued pursuant to this title, the [Division] Department shall assess demerit points for the 60-month period preceding a persons most recent wildlife conviction. Sixty months after the date of the conviction, the demerit points for that conviction must be deleted from the total demerit points accumulated by that person. The date of the violation shall be deemed the date on which accumulated demerit points must be assessed. If a conviction of two or more wildlife violations committed at a single event is obtained, demerit points must be assessed for the offense having the greater number of demerit points.
Sec. 9. NRS 501.1816 is hereby amended to read as follows:
501.1816 1. If a person accumulates 6 or more demerit points, but less than 12, the [Division] Department shall notify him of that fact by certified mail. If, after the [Division] Department mails the notice, the person presents proof to the [Division] Department that he has, after his most recent wildlife conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the [Division, the Division] Department, the Department shall deduct 4 demerit points from his record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.
2. If a person accumulates 12 or more demerit points before completing a course of instruction pursuant to subsection 1, the [Division] Department shall suspend or revoke any license, permit or privilege issued to him pursuant to this title.
3. Not later than 60 days after the [Division] Department determines that a person has accumulated 12 demerit points, the [Division] Department shall notify the person by certified mail that his privileges will be suspended or revoked. Except as otherwise provided in subsection 4, the [Division] Department shall suspend or revoke those privileges 30 days after it mails the notice.
4. Any person who receives the notice required by subsection 3 may submit to the [Division] Department a written request for a hearing before the Commission not later than 30 days after the receipt of the notice. If a written request for a hearing is received by the [Division:] Department:
(a) The suspension or revocation of the license, permit or privilege is stayed until a determination is made by the Commission after the hearing.
(b) The hearing must be held within 60 days after the request is received.
5. The periods of suspension or revocation imposed pursuant to this section must run concurrently. No license, permit or privilege may be suspended or revoked pursuant to this section for more than 3 years.
κ2003 Statutes of Nevada, Page 1524 (Chapter 292, AB 41)κ
6. If the [Division] Department suspends or revokes a license, permit or privilege pursuant to this section, the period of suspension or revocation begins 30 days after notification pursuant to subsection 3 or a determination is made by the Commission pursuant to subsection 4. After a persons license, permit or privilege is suspended or revoked pursuant to this section, all demerit points accumulated by that person must be cancelled.
Sec. 10. NRS 501.1817 is hereby amended to read as follows:
501.1817 Any person whose license, permit or privilege has been suspended or revoked by the [Division] Department pursuant to NRS 501.1816 is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.
Sec. 11. NRS 501.243 is hereby amended to read as follows:
501.243 1. The [Division] Department shall execute, administer and enforce , and perform the functions and duties provided in chapter 488 of NRS.
2. The Commission has the power and authority to:
(a) Promulgate rules and regulations governing the use of waters for recreational purposes, which waters are open to the public and are not under the direct control of any other state or federal agency for recreational use.
(b) Enter into cooperative agreements with federal, state and county agencies having regulatory powers pertaining to the use of public waters for recreational purposes for the purpose of coordinating such rules and regulations.
Sec. 12. NRS 501.310 is hereby amended to read as follows:
501.310 There is hereby created in each of the counties of this state a fund for the advisory board. The fund must be kept in the county treasury, and all money received from the [Division] Department must be placed in the fund.
Sec. 13. NRS 501.320 is hereby amended to read as follows:
501.320 1. Annually, not later than May 1, each board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for carrying out its duties as specified in this title within its county, and submit the budget to the Commission accompanied by a statement of the previous years expenditures, certified by the county auditor.
2. The Commission shall examine the budget in conjunction with the [Administrator] Director or a person designated by him, and may increase, decrease, alter or amend the budget.
3. Upon approval of the budget, the [Division] Department shall transmit a copy of the approved budget to the board, and at the same time withdraw from the Wildlife Account within the State General Fund and transmit to the board the money required under the approved budget for disposition by the board in accordance with the approved budget. All money so received must be placed in the fund for the advisory board.
Sec. 14. NRS 501.331 is hereby amended to read as follows:
501.331 There is hereby created the [Division of Wildlife of the State] Department of [Conservation and Natural Resources,] Wildlife which shall administer the wildlife laws of this state and chapter 488 of NRS.
Sec. 15. NRS 501.333 is hereby amended to read as follows:
501.333 1. From among three or more nominees of the Commission, the [Director of the State Department of Conservation and Natural Resources] Governor shall appoint [an Administrator] a Director of the [Division,] Department, who is its Chief Administrative Officer.
κ2003 Statutes of Nevada, Page 1525 (Chapter 292, AB 41)κ
[Division,] Department, who is its Chief Administrative Officer. The [Administrator] Director serves at the pleasure of the [director.] Governor.
2. The [Director] Governor shall select as [Administrator] Director a person having an academic degree in the management of wildlife or a closely related field, substantial experience in the management of wildlife and a demonstrated ability to administer [a division of] a major public agency.
3. The [Administrator] Director is in the unclassified service of the State.
Sec. 16. NRS 501.337 is hereby amended to read as follows:
501.337 The [Administrator] Director shall:
1. Carry out the policies and regulations of the Commission.
2. Direct and supervise all administrative and operational activities of the [Division,] Department, and all programs administered by the [Division] Department as provided by law. Except as otherwise provided in NRS 284.143, the [Administrator] Director shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the [Division] Department and, from time to time with the consent of the Commission, may alter the organization. The [Administrator] Director shall reassign responsibilities and duties as he may deem appropriate.
4. Appoint or remove such technical, clerical and operational staff as the execution of his duties and the operation of the [Division] Department may require, and all those employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The [Administrator] Director shall designate a number of employees as game wardens and provide for their training.
5. Submit technical and other reports to the Commission as may be necessary or as may be requested, which will enable the Commission to establish policy and regulations.
6. Prepare , in consultation with the Commission, the biennial budget of the [Division] Department consistent with the provisions of this title and chapter 488 of NRS and submit it to the Commission for its review and [comment.] recommendation before the budget is submitted to the Chief of the Budget Division of the Department of Administration pursuant to NRS 353.210.
7. Administer real property assigned to the [Division.] Department.
8. Maintain full control, by proper methods and inventories, of all personal property of the State acquired and held for the purposes contemplated by this title and by chapter 488 of NRS.
9. Act as nonvoting Secretary to the Commission.
Sec. 17. NRS 501.339 is hereby amended to read as follows:
501.339 The [Administrator] Director may:
1. In cases of emergency, with the prior approval of the Governor, exercise the powers of the Commission until such time as the Commission meets or the emergency ends.
2. Designate an employee or employees of the [Division] Department to act as his deputy or deputies. In the [Administrators] Directors absence or inability to discharge the powers and duties of his office, the powers and duties devolve upon his deputy or deputies.
3. Designate persons outside the [Division] Department as game wardens if, in his opinion, the need for such designations exists.
κ2003 Statutes of Nevada, Page 1526 (Chapter 292, AB 41)κ
Sec. 18. NRS 501.341 is hereby amended to read as follows:
501.341 The headquarters of the [Division] Department must be maintained at such a location in the State, and other offices may be established throughout the State in such number and location, as will, in the opinion of the [Administrator] Director and the Commission, provide an efficient [divisional] departmental operation.
Sec. 19. NRS 501.343 is hereby amended to read as follows:
501.343 The [Division] Department may:
1. Collect and disseminate, throughout the State, information calculated to educate and benefit the people of the State regarding wildlife and boating, and information pertaining to any program administered by the [Division.] Department.
2. Publish wildlife journals and other official publications, for which a specific charge may be made, such charge to be determined by the Commission, with the proceeds to be deposited in the Wildlife Account within the State General Fund. No charge may be made for any publication required by a regulation of the Commission.
Sec. 20. NRS 501.349 is hereby amended to read as follows:
501.349 Regular employees and others designated by the [Administrator] Director as game wardens shall enforce all provisions of this title and of chapter 488 of NRS.
Sec. 21. NRS 501.351 is hereby amended to read as follows:
501.351 1. The [Administrator] Director may enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, any other state or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, in accordance with and for the purpose of carrying out the policy of the Commission.
2. Such agreements do not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.
Sec. 22. NRS 501.352 is hereby amended to read as follows:
501.352 The [Administrator] Director shall require the personnel of the [Division] Department to report to him as soon as practicable any reasonable suspicion that a communicable disease may be present in wildlife in Nevada. The [Administrator] Director shall, as soon as possible, inform the Director of the State Department of Agriculture of any reasonable suspicion reported to him. Any sample collected by the personnel of the [Division] Department in evaluating such a suspicion must be forwarded to the Director of the State Department of Agriculture as soon as practicable.
Sec. 23. NRS 501.354 is hereby amended to read as follows:
501.354 Except as otherwise provided by specific statute, the [Division] Department shall receive, deposit and expend all money provided by law for the administration of this title and of chapter 488 of NRS, pursuant to the authority contained in NRS 501.356 and in accordance with the Commissions policy.
Sec. 24. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the [Division] Department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;
κ2003 Statutes of Nevada, Page 1527 (Chapter 292, AB 41)κ
(d) Appropriations made by the Legislature; and
(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout Management Account pursuant to NRS 502.327,
must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
2. The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.
3. Except as otherwise provided in subsection 4, the [Division] Department may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
4. Except as otherwise provided in NRS 502.250, 502.310 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title must be accounted for separately and may be used only for the management of wildlife.
Sec. 25. NRS 501.3575 is hereby amended to read as follows:
501.3575 1. The Wildlife Heritage Trust Account is hereby created in the State General Fund. The money in the Account must be used by the [Division] Department as provided in this section for the protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this state.
2. Except as otherwise provided in NRS 502.250, money received by the [Division] Department from:
(a) A bid, auction or partnership in wildlife drawing conducted pursuant to NRS 502.250; and
(b) A gift of money made by any person to the Wildlife Heritage Trust Account,
must be deposited with the State Treasurer for credit to the Account.
3. The interest and income earned on the money in the Wildlife Heritage Trust Account, after deducting any applicable charges, must be credited to the Account.
4. The [Division] Department may annually expend from the Wildlife Heritage Trust Account an amount of money not greater than the interest earned on the money in the Account during the previous year. The Commission shall review and approve expenditures from the Account. No money may be expended from the Account without the prior approval of the Commission.
5. The Commission shall administer the provisions of this section and may adopt any regulations necessary for that purpose.
Sec. 26. NRS 501.359 is hereby amended to read as follows:
501.359 1. The Wildlife Imprest Account in the amount of $15,000 is hereby created for the use of the [Division,] Department, subject to the following conditions:
(a) The money must be deposited in a bank or credit union qualified to receive deposits of public money, except that $500 must be kept in the custody of an employee designated by the [Administrator] Director for immediate use for purposes set forth in this section.
κ2003 Statutes of Nevada, Page 1528 (Chapter 292, AB 41)κ
(b) The Account must be replenished periodically from the Wildlife Account in the State General Fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.
2. The Wildlife Imprest Account may be used to pay for postage, C.O.D. packages, travel or other minor expenses which are proper as claims for payment from the Wildlife Account in the State General Fund.
3. The Wildlife Imprest Account may be used to provide money to employees of the [Division] Department for travel expenses and subsistence allowances arising out of their official duties or employment. All advances constitute a lien in favor of the [Division] Department upon the accrued wages of the requesting employee in an amount equal to the money advanced, but the [Administrator] Director may advance more than the amount of the accrued wages of the employee. Upon the return of the employee, he is entitled to receive money for any authorized expenses and subsistence in excess of the amount advanced.
Sec. 27. NRS 501.361 is hereby amended to read as follows:
501.361 A Petty Cash Account in the amount of $1,000 for the payment of minor expenses of the [Division] Department is hereby created. The Account must be kept in the custody of an employee designated by the [Administrator] Director and must be replenished periodically from the Wildlife Account in the State General Fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.
Sec. 28. NRS 501.363 is hereby amended to read as follows:
501.363 A Change Account in the amount of $3,000 is hereby created. The Account must be kept in the custody of one or more employees designated by the [Administrator] Director and used for the making of change incidental to the business of the [Division.] Department.
Sec. 29. NRS 501.383 is hereby amended to read as follows:
501.383 It is unlawful for any person maliciously to tear down, mutilate or destroy any sign, signboard or other notice which has been erected by the [Division] Department or through an agency of the [Division.] Department.
Sec. 30. NRS 501.385 is hereby amended to read as follows:
501.385 Except as otherwise provided by specific statute:
1. Any person who:
(a) Performs an act or attempts to perform an act made unlawful or prohibited by a provision of this title;
(b) Willfully fails to perform an act required of him by a provision of this title;
(c) Obstructs, hinders, delays or otherwise interferes with any officer, employee or agent of the [Division] Department in the performance of any duty while enforcing or attempting to enforce any provision of this title;
(d) Violates any order issued or regulation adopted by the Commission under the provisions of this title; or
(e) Having been granted a privilege or been licensed or permitted to do any act under the provisions of this title, exercises the grant, license or permit in a manner other than as specified,
is guilty of a misdemeanor.
2. Every person who is guilty of a misdemeanor under this title shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ2003 Statutes of Nevada, Page 1529 (Chapter 292, AB 41)κ
imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 31. NRS 501.3855 is hereby amended to read as follows:
501.3855 1. In addition to the penalties provided for the violation of any of the provisions of this title, every person who unlawfully kills or possesses a big game mammal, bobcat, swan or eagle is liable for a civil penalty of not less than $250 nor more than $5,000.
2. For the unlawful killing or possession of fish or wildlife not included in subsection 1, the court may order the defendant to pay a civil penalty of not less than $25 nor more than $1,000.
3. For hunting, fishing or trapping without a valid license, tag or permit, the court may order the defendant to pay a civil penalty of not less than $50 nor more than $250.
4. Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.
5. The [Division] Department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.
6. Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the [Division] Department which shall deposit the money with the State Treasurer for credit to the Wildlife Account in the State General Fund.
Sec. 32. NRS 501.389 is hereby amended to read as follows:
501.389 1. Except for property described in NRS 501.3857, equipment:
(a) Seized as evidence in accordance with NRS 501.375; and
(b) Not recovered by the owner within 1 year from the date of seizure,
becomes the property of the [Division.] Department.
2. The [Division] Department shall either sell such equipment in accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220 or retain such equipment for authorized use by the [Division.] Department. All money received from such sales must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
3. Any person of lawful age and lawfully entitled to reside in the United States may purchase the equipment, whether a prior owner or not.
Sec. 33. NRS 501.395 is hereby amended to read as follows:
501.395 1. The [Division] Department may offer a reward for one or more classes of wildlife, not to exceed $1,000, for information leading to the arrest and conviction of any person who unlawfully kills or possesses wildlife of the class specified. The reward must be paid for each person so arrested and convicted upon his conviction. The reward must be distributed equally among the persons who supplied the information which led to the arrest and conviction.
2. The Commission may adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 34. NRS 502.012 is hereby amended to read as follows:
502.012 Upon receipt of a copy of an order of the juvenile division of a district court, entered pursuant to NRS 62.229, to revoke the license to hunt of a child, the [Division] Department shall revoke the license.
κ2003 Statutes of Nevada, Page 1530 (Chapter 292, AB 41)κ
of a child, the [Division] Department shall revoke the license. The revocation of the license to hunt shall be deemed effective as of the date of the order. The [Division] Department shall retain the copy of the order.
Sec. 35. NRS 502.015 is hereby amended to read as follows:
502.015 1. For the purpose of issuing and using resident licenses, tags or permits pursuant to this chapter, a person is considered to be a resident of the State of Nevada if:
(a) He is a citizen of, or is lawfully entitled to remain in, the United States; and
(b) During the 6 months next preceding his application to the [Division] Department for a license, tag or permit, he:
(1) Was domiciled in this state;
(2) Was physically present in this state, except for temporary absences; and
(3) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.
2. A person who is not domiciled in Nevada but who is attending an institution of higher learning in this state as a full-time student is eligible for a resident license, tag or permit if, during the 6 months next preceding his application to the [Division] Department for a license, tag or permit, he:
(a) Was physically present in Nevada, except for temporary trips outside of the State; and
(b) Did not purchase or apply for any resident license, tag or permit to hunt, fish or trap in another state, country or province.
3. A resident license, tag or permit issued by this state is void if the person to whom it was issued establishes his domicile in and obtains any privilege or entitlement conditional on residency from another state, country or province.
Sec. 36. NRS 502.020 is hereby amended to read as follows:
502.020 The [Division] Department shall prepare the licenses for hunting, fishing and trapping, and shall deliver such licenses to agents for sale to the public.
Sec. 37. NRS 502.030 is hereby amended to read as follows:
502.030 1. Licenses granting the privilege to hunt, fish or trap as provided in this title must be of such a form as is deemed necessary by the [Division,] Department, but must include the following information:
(a) The holders name, address and description.
(b) The date issued.
(c) The period of validity.
(d) The correct designation as to whether a fishing, hunting or trapping license.
(e) A statement to be signed by the holder: I, the signator holder in signing this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license.
2. The Commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information must be included on the license as is deemed necessary by the [Division.] Department.
3. The Commission may provide rules and regulations establishing a permanent licensing system. Such a system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses for residents and the issuance of annual licenses therefrom.
κ2003 Statutes of Nevada, Page 1531 (Chapter 292, AB 41)κ
licenses for residents and the issuance of annual licenses therefrom. The system may provide for the automatic renewal and validation of the annual license.
4. The Commission may provide regulations covering the method of applying for, the term and expiration date of any license required by this title to be issued without the payment of a fee.
Sec. 38. NRS 502.035 is hereby amended to read as follows:
502.035 Licenses, stamps and permits granting the privilege to hunt, fish or trap during the open season as provided in this title must be issued by the [Division,] Department, upon payment of the fees required under this title.
Sec. 39. NRS 502.040 is hereby amended to read as follows:
502.040 1. The Commission shall adopt regulations regarding:
(a) The standards to be met by license agents in the performance of their duties;
(b) The requirements for the furnishing of surety bonds by license agents;
(c) The manner of remitting money to the [Division;] Department; and
(d) The manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned.
A license agents authority may be revoked by the [Division] Department for his failure to abide by the regulations of the Commission. The agent may appeal to the Commission for reinstatement.
2. A license agent designated by the [Division] Department is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.
3. A license agent is responsible to the [Division] Department for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the [Division] Department for deposit in accordance with NRS 501.356 of all money collected. The [Division] Department shall furnish to the license agent receipts for all money which he remits to it. A license agent shall furnish a receipt to the [Division] Department of all licenses, tags, stamps or permits which he receives from it.
4. For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:
(a) One dollar for each license, tag or permit, in addition to the fee for the license, tag or permit; and
(b) Ten cents for each stamp.
5. Any person authorized to enforce this chapter may inspect, during the license agents normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.
6. All money collected by a license agent, except service fees collected pursuant to subsection 4, is public money of the State of Nevada, and the State has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.
κ2003 Statutes of Nevada, Page 1532 (Chapter 292, AB 41)κ
Sec. 40. NRS 502.063 is hereby amended to read as follows:
502.063 The [Division] Department shall, upon request of the Welfare Division of the Department of Human Resources, submit to the Welfare Division the name, address and social security number of each person who holds a license or permit to hunt, fish or trap that does not expire less than 6 months after it is issued, or a license to practice commercial taxidermy, and any pertinent changes in that information.
Sec. 41. NRS 502.070 is hereby amended to read as follows:
502.070 1. The [Division] Department shall issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting or fishing licenses, tags or permits for fishing, hunting or trapping in the State of Nevada. A like privilege must be extended to spouses and dependents, under the age of 21, of such members of the Armed Forces. All such licenses, tags or permits must be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents, except that the 6 months residence requirement must be waived.
2. The issuance of all such licenses, tags and permits must be made by application upon a form provided for that purpose by the [Division.] Department. The application must include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the [Division] Department to determine whether or not an applicant is actually so assigned.
Sec. 42. NRS 502.072 is hereby amended to read as follows:
502.072 The [Division] Department shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof of the requisite facts to any bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the Department of Veterans Affairs and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.
Sec. 43. NRS 502.075 is hereby amended to read as follows:
502.075 The [Division] Department shall issue to a blind person, as defined in subsection 4 of NRS 361.085, a hunting license which:
1. Authorizes a person selected by the blind person to hunt on his behalf if:
(a) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting license; and
(b) The blind person is in the company of or in the immediate area of the person selected.
2. Is issued pursuant and subject to regulations prescribed by the Commission.
3. Contains the word Blind printed on the face of the license.
Sec. 44. NRS 502.077 is hereby amended to read as follows:
502.077 1. The [Division] Department shall issue special fishing permits to the administrative head of:
(a) Northern Nevada Adult Mental Health Services;
(b) Southern Nevada Adult Mental Health Services;
(c) The Northern Nevada Childrens Home;
(d) The Southern Nevada Childrens Home;
(e) The Nevada Youth Training Center;
κ2003 Statutes of Nevada, Page 1533 (Chapter 292, AB 41)κ
(f) The Caliente Youth Center;
(g) The Spring Mountain Youth Camp;
(h) The China Spring Youth Camp;
(i) Any facility which provides temporary foster care for children who are not delinquent; and
(j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the Commission,
for use only by the members, patients or children of such institutions or organizations.
2. The permits:
(a) Must be in the possession of the officer or employee who is supervising a member, patient or child while he is fishing.
(b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, if the officer or employee has a valid Nevada fishing license.
(c) Must be issued pursuant and subject to regulations prescribed by the Commission.
(d) Must contain the words Nevada Special Fishing Permit and the number of the permit printed on the face of the permit.
(e) May authorize no more than 15 members, patients or children, respectively, to fish.
3. Each institution or organization shall pay to the [Division] Department an annual fee of $15 for each permit issued to the institution or organization pursuant to this section. The [Division] Department shall not issue more than two permits per year to each institution or organization.
4. It is unlawful for any person other than a member, patient or child in one of these organizations or institutions to fish with a permit issued by the [Division] Department pursuant to this section.
Sec. 45. NRS 502.115 is hereby amended to read as follows:
502.115 1. If the [Division] Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or permit to hunt, fish or trap that does not expire less than 6 months after it is issued, or a license to practice commercial taxidermy, the [Division] Department shall deem the license or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the [Division] Department receives a letter issued to the holder of the license or permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The [Division] Department shall reinstate a license or permit to hunt, fish or trap or a license to practice commercial taxidermy that has been suspended by a district court pursuant to NRS 425.540 if the [Division] Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or permit was suspended stating that the person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
κ2003 Statutes of Nevada, Page 1534 (Chapter 292, AB 41)κ
Sec. 46. NRS 502.142 is hereby amended to read as follows:
502.142 1. The Commission shall adopt regulations to establish a program pursuant to which the [Division] Department will issue special incentive elk tags. The regulations must:
(a) Set forth the application and annual review processes for the issuance of special incentive elk tags.
(b) Require that an application for a special incentive elk tag must be accompanied by:
(1) The fee charged for an elk tag pursuant to NRS 502.250; and
(2) Any administrative fee charged in connection with the issuance of an elk tag pursuant to this chapter.
(c) Provide for the issuance of a special incentive elk tag only to a person who:
(1) Lawfully owns, leases or manages private land within an actual elk use area; and
(2) If that private land blocks reasonable access to adjacent public land, provides reasonable access through the private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.
(d) Establish criteria for the issuance of special incentive elk tags based upon:
(1) The number of elk using private land controlled by the applicant;
(2) The number of days the elk use private lands of the applicant in a calendar year;
(3) The total number of elk; and
(4) Limiting the number of special incentive elk tags issued in each calendar year to not more than one-half of the bull elk tags issued in that calendar year,
within the actual elk use area in the unit or units of the management area or areas in which the private land is located.
(e) Provide that special incentive elk tags are valid for both sexes of elk.
(f) Prohibit a person who has, within a particular calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement for damage caused by elk to private land from applying, within the same calendar year, for a special incentive elk tag for the same private land.
(g) Allow a group of owners, lessees and managers of private land to qualify for a special incentive elk tag for their combined lands.
(h) Ensure that the issuance of special incentive elk tags will not result in the number of bull elk tags issued in any year being reduced to a number below the quota for bull elk tags established by the Commission for 1997.
(i) Provide that a person to whom a special incentive elk tag is issued by the Commission pursuant to this section may:
(1) If he holds a valid hunting license issued by this state, use the special incentive elk tag himself; or
(2) Sell the special incentive elk tag to another person who holds a valid hunting license issued by this state at any price upon which the parties mutually agree.
(j) Require that a person who is issued a special incentive elk tag must hunt:
(1) During the open season for elk.
(2) In the unit or units within the management area or areas in which the private land is located.
κ2003 Statutes of Nevada, Page 1535 (Chapter 292, AB 41)κ
(k) Provide for the appointment of an arbitration panel to resolve disputes between persons who apply for special incentive elk tags and the [Division] Department regarding the issuance of such tags.
2. As used in this section, actual elk use area means an area in which elk live, as identified and designated by the [Division.] Department.
Sec. 47. NRS 502.143 is hereby amended to read as follows:
502.143 1. The Commission may adopt regulations establishing a program pursuant to which the [Division] Department may issue special incentive deer tags to owners, lessees and managers of private land in this state for use on the private land of such owners, lessees or managers.
2. The regulations must:
(a) Require that the owner, lessee or manager who is lawfully in control of private land must, before he is issued a special incentive deer tag:
(1) Allow the hunting and viewing of wildlife on his land by the general public; or
(2) Enter into a cooperative agreement with the [Division] Department to improve deer or other wildlife habitat on his land.
(b) Allow the owner, lessee or manager to sell any special incentive deer tag that he is issued pursuant to the program.
Sec. 48. NRS 502.145 is hereby amended to read as follows:
502.145 1. An owner, lessee or manager of private land in this state may apply to the [Division] Department for the issuance to him of one or more deer or antelope tags as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.
2. An application made pursuant to this section must:
(a) Be made in the form prescribed by the [Division;] Department;
(b) Establish to the satisfaction of the [Division] Department that the applicant has sustained damage of the kind described in subsection 1; and
(c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.
3. The [Division] Department shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned, leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant.
4. A tag issued as compensation for damage pursuant to this section:
(a) May be used by the owner, lessee or manager of the private land if he holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon;
(b) Except as otherwise provided in subparagraph (2) of paragraph (c) , [of this subsection,] must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and
(c) May only be used during:
(1) The open season for the species for which the tag is issued; or
(2) A special season prescribed by regulation of the Commission for the use of such tags only on the private land.
5. As a condition of receiving a tag from the [Division] Department pursuant to this section, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.
κ2003 Statutes of Nevada, Page 1536 (Chapter 292, AB 41)κ
6. Insofar as they are consistent with this section, the provisions of this title and of the regulations adopted by the Commission apply to the issuance and use of tags pursuant to this section. The Commission:
(a) Shall by regulation establish the maximum number of tags which may be issued annually by the [Division] Department pursuant to this section, which must not exceed 1.5 percent of the total number of deer and antelope tags which are authorized for issuance annually throughout the State; and
(b) May adopt any other regulations it deems necessary to carry out the provisions of this section.
7. The [Administrator] Director shall, not later than the fifth calendar day of each regular session of the Legislature, submit to the Director of the Legislative Counsel Bureau for distribution to the Legislature a report summarizing the activities of the [Division] Department taken pursuant to the provisions of this section during the preceding biennium, including any problems associated with the issuance and use of tags authorized by this section and any recommendations for correcting those problems.
Sec. 49. NRS 502.147 is hereby amended to read as follows:
502.147 1. The [Division] Department shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the [Division] Department shall conduct a drawing to determine the persons to whom to issue the tags.
2. The number of restricted nonresident deer tags must:
(a) Be subtracted from the quota of rifle deer tags for nonresidents; and
(b) Not exceed 16 percent of the deer tags issued to nonresidents during the previous year or 400 tags, whichever is greater.
3. The number of restricted nonresident deer tags issued for any management area or unit must not exceed 37.5 percent, rounded to the nearest whole number, of the rifle deer tags issued to nonresidents during the previous year for that management area or unit.
4. The [Division] Department shall mail the tags to the successful applicants.
Sec. 50. NRS 502.148 is hereby amended to read as follows:
502.148 1. Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to NRS 502.147 must complete an application on a form prescribed and furnished by the [Division.] Department. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.
2. The application must be accompanied by a fee for the tag of $300, plus any other fees which the [Division] Department may require. The Commission shall establish the time limits and acceptable methods for submitting such applications to the [Division.] Department.
3. Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and the fee for the tag returned to the applicant.
4. A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this state for the same hunting season as that restricted nonresident deer hunt.
κ2003 Statutes of Nevada, Page 1537 (Chapter 292, AB 41)κ
5. All fees collected pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.
Sec. 51. NRS 502.160 is hereby amended to read as follows:
502.160 1. The [Division] Department shall designate the form of the tag, requiring such numbering or other manner of identification as is necessary to designate the name or hunting license number of the person to whom it is issued. Each tag must show the game for which it may be used, the year [,] and, whenever necessary, the management area in which it may be used.
2. The Commission may adopt any regulations necessary relative to the manner of qualifying and applying for, using, completing, attaching, filling out, punching, inspecting, validating or reporting such tags. It is unlawful for any person to fail to abide by any such regulation.
Sec. 52. NRS 502.175 is hereby amended to read as follows:
502.175 1. The [Division] Department shall contract with a private entity to conduct a drawing and to award and issue the tags for a special season. The drawing must be conducted using a computer program that awards tags based on a random order of selection. The contract must provide for the acquisition by the [Division] Department of the ownership of the computer program at the end of the term of the contract. The [Division] Department shall solicit bids for the contract pursuant to the provisions of chapter 333 of NRS.
2. The [Division] Department shall:
(a) Provide to the private entity to whom a contract is awarded pursuant to the provisions of subsection 1 any applications for tags, documents or other information required by the private entity to conduct the drawing; and
(b) Otherwise cooperate with the private entity in conducting the drawing.
3. As soon as practicable after the drawing is completed, the private entity shall submit the results of the drawing to the [Division.] Department.
4. If no private entity qualifies for the awarding of the contract specified in subsection 1, the [Division] Department shall conduct a drawing to award tags for a special season in the manner set forth in the regulations adopted by the Commission pursuant to the provisions of subsection 5.
5. The Commission shall adopt regulations necessary to carry out the provisions of this section, including regulations that prescribe the manner in which the [Division] Department must conduct a drawing specified in subsection 1 if no private entity qualifies for the awarding of the contract.
Sec. 53. NRS 502.210 is hereby amended to read as follows:
502.210 A duplicate tag may not be issued except as follows:
1. Upon receiving an affidavit of an applicant that a tag previously issued has been lost or destroyed and upon payment of a fee of $5, the [Division] Department shall issue a duplicate tag to the applicant.
2. Upon receiving an affidavit of an applicant that he has not received the tag for which he applied and paid the required fee, the [Division] Department may, not earlier than 7 days after the date on which the tag was mailed, issue a duplicate tag to the applicant upon payment of a fee of $5.
The provisions of this section do not affect the issuance of a replacement tag pursuant to NRS 502.215.
κ2003 Statutes of Nevada, Page 1538 (Chapter 292, AB 41)κ
Sec. 54. NRS 502.215 is hereby amended to read as follows:
502.215 1. If any person who possesses a tag to hunt a big game mammal kills an animal that is believed to be diseased and unfit for human consumption, he shall place his tag on the carcass in the manner provided by law or regulation and provide the whole carcass for inspection by an authorized representative of the [Division] Department or, at his own expense, by a veterinarian licensed to practice in Nevada. Except as otherwise provided in this subsection, the holder of the tag who provides the carcass for such an inspection is entitled, if the carcass is diseased and unfit for human consumption, to receive at no charge another tag as a replacement for the one he placed on the carcass pursuant to this subsection. The holder shall choose whether the replacement tag is to be issued for the current hunting season or for the next similar season in the following year. If the holder chooses to retain the head, antlers, carcass, horns or hide of the animal, and the authorized representative of the [Division] Department approves the retention, the holder shall be deemed to waive any claim he may have had for the issuance of a replacement tag.
2. A replacement tag issued pursuant to subsection 1 for the current hunting season is valid for:
(a) The entire remaining portion of the season for which the original tag was issued; or
(b) If the original tag was issued for a period of a split season, the entire remaining portion of the period for which the original tag was issued or the entire following period, if any.
3. A replacement tag issued pursuant to subsection 1 must be:
(a) Issued for the same unit for which the original tag was issued.
(b) Used in the same manner as or pursuant to the same conditions or restrictions applicable to the original tag.
4. The Commission shall adopt by regulation:
(a) A procedure for the inspection and verification of the condition of such a carcass;
(b) Requirements for the disposal of such a carcass if it is determined to be diseased and unfit for human consumption;
(c) Requirements for the disposition of the hide and the antlers or horns of the animal; and
(d) Except as otherwise provided in subsection 2, a procedure for the issuance of a replacement tag pursuant to this section.
5. For the purposes of this section, split season means a season which is divided into two or more periods.
Sec. 55. NRS 502.230 is hereby amended to read as follows:
502.230 1. A nonresident deer tag for regular season may be issued to any nonresident of this state or to the immediate members of such nonresidents family, as a bona fide owner of land within this state, for the privilege to hunt upon that land to which he has title, if not less than 75 percent of all land belonging to him in the State of Nevada and upon which he proposes to hunt is open to the public for hunting.
2. Such nonresident may hunt deer during the same periods and subject to the same limitations as may be allowed or imposed upon residents of Nevada in connection with such hunting if such nonresident has first obtained a nonresident hunting license.
3. A nonresident deer tag for the regular season may be issued by the [Division] Department only upon proof of the applicants title to certain lands within this state.
κ2003 Statutes of Nevada, Page 1539 (Chapter 292, AB 41)κ
lands within this state. The Commission shall adopt and promulgate regulations establishing requirements for obtaining tags, including a determination that the land proposed for hunting is deer habitat.
4. Such nonresident deer tag for the regular season may be issued only upon payment of the regular nonresident fee and is valid for use only on the land owned and described, and such nonresident deer tag for the regular season must indicate nonresident landowner.
Sec. 56. NRS 502.240 is hereby amended to read as follows:
502.240 The [Division] Department shall issue annual licenses and limited permits:
1. To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.
2. Except as otherwise provided in NRS 502.245 and 504.390, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:
For a fishing license.................................................................................. $20
For a 1-day permit to fish............................................................................ 6
For each consecutive day added to a 1-day permit to fish................... 2
For a hunting license................................................................................... 23
For a combined hunting and fishing license........................................... 38
For a trapping license.................................................................................. 30
For a fur dealers license............................................................................ 50
For an annual master guides license.................................................... 250
For an annual subguides license.............................................................. 75
3. To any person who has attained his 12th birthday but who has not attained his 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the Commission and the Arizona Game and Fish Commission, but not to exceed $30.
4. Except as otherwise provided in subsection 3, to any person who is not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the Commission and the Arizona Game and Fish Commission, but not to exceed $30............................................... $50
For a 1-day permit to fish.......................................................................... 11
For each consecutive day added to a 1-day permit to fish................... 4
For a hunting license................................................................................. 110
For an annual trappers license.............................................................. 150
For a fur dealers license.......................................................................... 100
For an annual master guides license.................................................... 500
For an annual subguides license........................................................... 150
For a 1-day permit to hunt upland game and waterfowl..................... 15
κ2003 Statutes of Nevada, Page 1540 (Chapter 292, AB 41)κ
For each consecutive day added to a 1-day permit to hunt upland game and waterfowl $5
5. To any person, without regard to residence, upon the payment of:
For a noncommercial license for the possession of live wildlife......... $5
For a commercial or private shooting preserve................................... 100
For a commercial license for the possession of live wildlife.............. 100
For a live bait dealers permit.................................................................... 35
For a competitive field trials permit......................................................... 25
For a permit to train dogs or falcons.......................................................... 5
For a 1-year falconry license..................................................................... 30
For a 3-year falconry license..................................................................... 75
For an importation permit............................................................................ 5
For an import eligibility permit.................................................................. 25
For an exportation permit............................................................................ 5
For any other special permit issued by the [Division,] Department, a fee not to exceed $100 set by the Commission.
Sec. 57. NRS 502.245 is hereby amended to read as follows:
502.245 1. The [Division] Department shall issue any hunting or fishing license or combined hunting and fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts and payment of the applicable fee, to any person who has resided in this state:
(a) For the 6-month period immediately preceding the date of his application for a license and:
(1) Has a severe physical disability; or
(2) Has attained his 12th birthday but has not attained his 16th birthday; or
(b) Continuously for 5 years immediately preceding the date of this application for a license and is 65 years of age or older.
2. The [Division] Department shall charge and collect for such a:
Hunting license............................................................................................ $4
Fishing license................................................................................................. 4
Combined hunting and fishing license....................................................... 7
3. For the purposes of this section, severe physical disability means a physical disability which materially limits the persons ability to engage in gainful employment.
Sec. 58. NRS 502.250 is hereby amended to read as follows:
502.250 1. Except as otherwise provided in this section, the following fees must be charged for tags:
Resident deer tag for regular season...................................................... $15
Nonresident and alien deer tag for regular season................................ 60
Resident antelope tag................................................................................. 50
Resident elk tag......................................................................................... 100
Resident bighorn sheep tag..................................................................... 100
Resident mountain goat tag.................................................................... 100
Resident mountain lion tag....................................................................... 25
κ2003 Statutes of Nevada, Page 1541 (Chapter 292, AB 41)κ
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the Commission for other species pursuant to NRS 502.130 must not exceed $100.
4. A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.
5. The Commission may accept sealed bids for or auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the [Division] Department for the cost of managing wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in the State General Fund in accordance with the provisions of NRS 501.3575.
6. The Commission may by regulation establish an additional drawing for big game tags, which may be entitled the Partnership in Wildlife Drawing. To reimburse the [Division] Department for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. Except as otherwise provided by regulations adopted by the Commission pursuant to subsection 7, the money received by the [Division] Department from applicants in the drawing who are not awarded big game tags must be deposited with the State Treasurer for credit to the Wildlife Heritage Trust Account in accordance with the provisions of NRS 501.3575.
7. The Commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.
Sec. 59. NRS 502.253 is hereby amended to read as follows:
502.253 1. In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund and used by the [Division] Department for costs related to:
(a) Programs for the management and control of injurious predatory wildlife;
(b) Wildlife management activities relating to the protection of nonpredatory game animals, sensitive wildlife species and related wildlife habitat;
(c) Conducting research, as needed, to determine successful techniques for managing and controlling predatory wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and
κ2003 Statutes of Nevada, Page 1542 (Chapter 292, AB 41)κ
to ensure effective programs for the management and control of injurious predatory wildlife; and
(d) Programs for the education of the general public concerning the management and control of predatory wildlife.
2. The [Division] Department of Wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the State Department of Agriculture to develop and carry out the programs described in subsection 1.
3. The money in the Wildlife Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.
Sec. 60. NRS 502.255 is hereby amended to read as follows:
502.255 The [Division] Department shall account separately for the money received from fees for processing applications for tags and, except as otherwise provided in NRS 502.253, use that money only for all of the [Divisions] Departments direct and indirect costs associated with the system of applications and drawings for, and the issuance of, tags.
Sec. 61. NRS 502.300 is hereby amended to read as follows:
502.300 1. Except as otherwise provided in subsection 2, it is unlawful for any person to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person:
(a) An unexpired state duck stamp validated by his signature in ink across the face of the stamp; or
(b) Such documentation as the [Division] Department provides via the Internet as proof that he has paid to the [Division,] Department, for the licensing period that includes the time he is hunting, the same fee as that required pursuant to subsection 3 for the purchase of an unexpired state duck stamp for that period.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is under the age of 12 years; or
(b) Is 65 years of age or older.
3. Unexpired duck stamps must be sold for a fee of not more than $5 each by the [Division] Department and by persons authorized by the [Division] Department to sell hunting licenses. The Commission shall establish the price to be charged by the [Division] Department or agents of the [Division] Department for expired duck stamps, and the fee for unexpired duck stamps within the limit provided.
4. The [Division] Department shall determine the form of the stamps.
Sec. 62. NRS 502.310 is hereby amended to read as follows:
502.310 All money received pursuant to NRS 502.300 must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. The [Division] Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the [Division] Department for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.
Sec. 63. NRS 502.322 is hereby amended to read as follows:
502.322 1. Before the [Division] Department may undertake any project using money received pursuant to NRS 502.300, it shall analyze the project and provide the Commission with recommendations as to the need for the project and its feasibility.
κ2003 Statutes of Nevada, Page 1543 (Chapter 292, AB 41)κ
2. Money received pursuant to NRS 502.300 must be used for projects approved by the Commission for the protection and propagation of migratory game birds, and for the acquisition, development and preservation of wetlands in Nevada.
Sec. 64. NRS 502.324 is hereby amended to read as follows:
502.324 The [Division] Department shall, not later than the [5th] fifth calendar day of each regular session of the Legislature, submit to [it] the Legislature a report summarizing any projects undertaken, receipt and expenditure of money , and public benefits achieved by the program for the sale of state duck stamps.
Sec. 65. NRS 502.326 is hereby amended to read as follows:
502.326 1. Except as otherwise provided in subsection 2, it is unlawful for any person to take or possess trout unless at the time he is fishing he carries on his person:
(a) An unexpired state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp; or
(b) Such documentation as the [Division] Department provides via the Internet as proof that he has paid to the [Division,] Department, for the licensing period that includes the time he is fishing, the same fee as that required pursuant to subsection 3 for the purchase of a state trout stamp for that period.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is under the age of 12; or
(b) Is fishing:
(1) Under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit; or
(2) In accordance with regulations adopted by the Commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS 502.010.
3. State trout stamps must be sold for a fee of $10 each by the [Division] Department and by persons authorized by the [Division] Department to sell hunting, fishing and trapping licenses.
4. The [Division] Department shall determine the form of the stamps.
Sec. 66. NRS 502.327 is hereby amended to read as follows:
502.327 1. All money received pursuant to NRS 502.326 must be deposited with the State Treasurer for credit to the Trout Management Account, which is hereby established in the State General Fund.
2. The interest and income earned on the money in the Trout Management Account, after deducting any applicable charges, must be credited to the Account.
3. The [Division] Department shall:
(a) Maintain separate accounting records for the receipt of money pursuant to NRS 502.326 and the expenditure of that money.
(b) Administer the Trout Management Account. The [Division] Department may use money in the Account only for the protection, propagation and management of trout in this state and for any bonded indebtedness incurred therefor.
Sec. 67. NRS 502.330 is hereby amended to read as follows:
502.330 1. No hunting license may be obtained by any person born after January 1, 1960, unless he presents to the [Division,] Department, or one of its authorized licensing agents:
κ2003 Statutes of Nevada, Page 1544 (Chapter 292, AB 41)κ
(a) A certificate of successful completion of a course of instruction in the responsibilities of hunters as provided by NRS 502.340;
(b) An equivalent certificate of completion of a course in the responsibilities of hunters provided by a state or an agency of a Canadian province for the management of wildlife; or
(c) A hunting license issued to him in a previous year by the [Division,] Department, a state or an agency of a Canadian province, which bears a number or other unique mark evidencing successful completion of a course of instruction in the responsibilities of hunters.
2. Any person who has been convicted of violating NRS 503.165 or 503.175 may not obtain a hunting license until he has successfully completed a course in the responsibilities of hunters conducted pursuant to NRS 502.340.
Sec. 68. NRS 502.340 is hereby amended to read as follows:
502.340 The [Division] Department shall certify instructors who will, with the cooperation of the [Division,] Department, provide instruction in the responsibilities of hunters established by the [Division] Department to all eligible persons who, upon the successful completion of the course, must be issued a certificate. Persons who are disqualified from obtaining a hunting license, pursuant to NRS 502.330, are eligible for the course.
Sec. 69. NRS 502.370 is hereby amended to read as follows:
502.370 1. A license to practice taxidermy is required before any person may perform taxidermal services for others on any wildlife or their parts, nests or eggs.
2. Annual licenses for the term of 1 year from July 1 to June 30 must be issued by the [Division] Department for the following fees:
Fee to practice commercial taxidermy................................................. $35
Fee to practice noncommercial taxidermy............................................... 5
3. Any person who wishes to obtain a license to practice taxidermy must apply for the license on an application form provided by the [Division.] Department. The applicant must provide such information on the form as the Commission may require by regulation.
4. The Commission may adopt regulations governing the licensing of taxidermists and the practice of taxidermy, including:
(a) The receipt, possession, transportation, identification, purchase and sale of wildlife or parts thereof to be or which have been processed by a taxidermist;
(b) The maintenance and submission of written records; and
(c) Any other matter concerning the practice, conduct and operating procedures of taxidermists as the Commission may deem necessary.
5. A person who is authorized to enforce the provisions of this title may enter the facilities of a licensee at any reasonable hour and inspect his operations and records.
6. If a licensee is convicted of a violation of any provision of this title or the regulations adopted by the Commission, the Commission may revoke his license and may refuse to issue another license to him for a period not to exceed 5 years.
7. The provisions of this section do not apply to institutions of learning of this state or of the United States, or to research activities conducted exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.
κ2003 Statutes of Nevada, Page 1545 (Chapter 292, AB 41)κ
exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.
Sec. 70. NRS 502.390 is hereby amended to read as follows:
502.390 1. Any:
(a) Person who develops or maintains an artificial or man-made body of water, other than a body of water maintained for agricultural or recreational purposes, containing chemicals or substances in quantities which, with the normal use of the body of water, causes or will cause the death of any wildlife; or
(b) Operator of a mining operation which develops or maintains an artificial body of water containing chemicals directly associated with the processing of ore,
must first obtain a permit from the [Division] Department authorizing the development or maintenance of the body of water.
2. Within 30 working days after receiving an application for a permit, the [Division] Department shall issue the permit or deny the application and list the reasons for denial. An applicant may appeal the denial of a permit to the Commission. A permit may be valid for up to 5 years. The Commission may establish a fee for a permit of not more than $100 per year.
3. Upon the transfer of ownership of any artificial or man-made body of water as to which a permit issued pursuant to this section is in force at the time of the transfer, the permit remains in effect for 30 days after the transfer of ownership.
4. A person holding a permit issued pursuant to this section shall, in addition to the fee for the permit, pay to the [Division] Department an assessment. The amount of the assessment must be determined pursuant to regulations adopted by the Commission. The assessment must be no more than $10,000 per year for each permit.
5. Any person who fails to obtain a permit or pay an assessment as required by this section and the regulations adopted pursuant thereto or who fails to comply with the provisions of a permit is guilty of a misdemeanor for the first offense and a gross misdemeanor for any subsequent offense.
6. As used in this section:
(a) Mining operation means any activity conducted in this state by a person on or beneath the surface of land for the purpose of, or in connection with, the development or extraction of any mineral.
(b) Operator means any person who owns, controls or manages a mining operation.
Sec. 71. NRS 503.005 is hereby amended to read as follows:
503.005 1. Except as otherwise provided in subsection 2, a person shall not kill or attempt to kill any birds or animals while flying in an aircraft.
2. The Commission may promulgate rules and regulations whereby the [Division] Department may issue permits authorizing the hunting, killing or nonlethal control of coyotes, bobcats or ravens from an aircraft.
3. Every person who willfully violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 72. NRS 503.035 is hereby amended to read as follows:
503.035 1. Meat or game processor as used in this section means any person, firm or corporation that receives any game for the purpose of processing or storage or for the purposes of processing and storage.
κ2003 Statutes of Nevada, Page 1546 (Chapter 292, AB 41)κ
2. Any meat or game processor who receives any game for the purpose of processing or storage may, within 90 days after the receipt thereof, if