Nevada SB 309: Establishes a reinvestment advisory committee in certain larger counties. (BDR 38-956)

Bill Text

- 83rd Session (2025)
Senate Bill No. 309–Senator Steinbeck

CHAPTER..........

AN ACT relating to crimes; revising provisions relating to driving
under the influence of alcohol or certain other prohibited
substances; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various penalties applicable to the offense of driving or
physically controlling a vehicle while under the influence of alcohol or a prohibited
substance, depending on whether the offense is the first, second or third offense
within 7 years. (NRS 484C.400) Among other things, a court may sentence a
person who is found guilty of a second offense within 7 years to: (1) imprisonment
for not less than 10 days nor more than 6 months in jail; or (2) residential
confinement for not less than 10 days nor more than 6 months. Section 12 of this
bill increases the minimum term of imprisonment or residential confinement to 20
days.
Existing law requires an offender who had a concentration of alcohol of 0.18 or
more in his or her blood or breath at the time of an offense to be evaluated before
sentencing to determine whether the offender has an alcohol or substance use
disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of
alcohol threshold to require an offender who had a concentration of alcohol of 0.16
or more in his or her blood or breath at the time of the offense to be evaluated for
an alcohol or substance use disorder. Sections 1, 9 and 12 of this bill make
conforming changes to reduce references to the concentration of alcohol from 0.18
to 0.16. Section 38 of this bill makes a technical change to repeal a definition that
is not used in chapter 484C of NRS.
Additionally, existing law, under certain circumstances, authorizes certain first,
second and third-time offenders to apply to the court to undergo a program of
treatment for an alcohol or other substance use disorder. (NRS 484C.320,
484C.330, 484C.340) Existing law prohibits an offender from applying to undergo
such a program for third-time offenders if the offender has previously applied to
receive such treatment or has previously been convicted of certain offenses. (NRS
484C.340) Section 10 of this bill removes the restriction related to previous
applications by a third-time offender to undergo such a program and instead
prohibits the offender from applying to undergo such a program if the offender has
previously been ordered to complete a program of treatment for third-time
offenders.
For the purposes of determining whether a person that drives or physically
controls a vehicle while under the influence of alcohol or a prohibited substance is
a first, second or third-time offender, existing law qualifies an offense as a prior
offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the
judgment of conviction is set aside or dismissed in connection with successful
completion of a diversionary program or specialty court program. (NRS 484C.400)
Section 12 additionally provides that an offense qualifies as a prior offense if the
person is undergoing a program of treatment for an alcohol or substance use
disorder for a first, second or third-time offender.
Existing law establishes a penalty that is applicable to a person who has
previously committed certain felonies related to driving under the influence of
alcohol or a prohibited substance and who subsequently commits the offense of
driving or physically controlling a vehicle while under the influence of alcohol or a
prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies

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- 83rd Session (2025)
this penalty to a person who is undergoing a program of treatment for an alcohol or
substance use disorder for a third-time offender, if the person subsequently
commits the offense of driving or physically controlling a vehicle while under the
influence of alcohol or a prohibited substance.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

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

Section 1. NRS 484C.030 is hereby amended to read as
follows:
484C.030 “Concentration of alcohol of [0.18] 0.16 or more in
his or her blood or breath” means [0.18] 0.16 gram or more of
alcohol per 100 milliliters of the blood of a person or per 210 liters
of his or her breath.
Secs. 2-8. (Deleted by amendment.)
Sec. 9. NRS 484C.320 is hereby amended to read as follows:
484C.320 1. An offender who is found guilty of a violation
of NRS 484C.110 or 484C.120 that is punishable pursuant to
paragraph (a) of subsection 1 of NRS 484C.400, other than an
offender who is found to have a concentration of alcohol of [0.18]
0.16 or more in his or her blood or breath, may, at that time or any
time before the offender is sentenced, apply to the court to undergo
a program of treatment for an alcohol or other substance us