Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill that reduces driving while under the influence penalties for drivers with marijuana metabolites in their body but who are not driving impaired.

Highlights:

• Establishes it is not unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on-premises to which the public has access with an amount of any of the following prohibited substances in his or her blood or urine that is equal to or greater than (Sec. 1-3).

• Marijuana (delta 9 tetrahydrocannabinol of 2 Blood Nanograms per milliliter); or

• Marijuana metabolite (11 OH tetrahydrocannabinol of 5 Blood Nanograms per milliliter)

• Specifies it is unlawful for any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a commercial motor vehicle to drive or be in actual physical control of a commercial motor vehicle on a highway or on-premises to which the public has access and does the following (Sec. 5-2):

• Is under the influence of a controlled substance; or

• Is under the combined influence of intoxicating liquor and a controlled substance.

• Establishes a person commits homicide by vessel if the person operates or is in actual physical control of a vessel under power or sail on the waters of this state and (Sec. 8-1):

• Is under the influence of intoxicating liquor;

• Ha a concentration of alcohol of 0.08 or more in his or her blood or breath;

• 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 0.08 or more in his or blood or breath;

• Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

• Inhales, ingests, applies, or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

• Has a prohibited substance in his or her blood or urine in the amount previously specified.

• Prohibits a child from being released from custody sooner than 12 hours after the child is taken into custody if the child is taken into custody from committing a battery that constitutes domestic violence unless the peace officer or probation officer who has taken the child into custody determines that the child does not otherwise meet the criteria for secure detention (Sec. 11-1):

• Respite care or another out-of-home alternative to secure detention is available for the child;

• An out-of-home-alternative to secure detention is not necessary to protect the victim from injury; or

• Family services are available to maintain the child in the home and the parents or guardians of the child agree to receive those family services and to allow the child to return to the home.

• Establishes a person is arrested for a violation if someone who is under the influence of intoxicating liquor must not be admitted to bail or released on the person’s recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath (Sec. 14-5).

• Requires before a person is admitted to bail that they sign a document stating that (Sec. 14-14):

• The person will appear at all times and places as order by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

• The person will comply with the other conditions which have been imposed by the court and are stated in the document; and

• If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

Full Bill Text