EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 176 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 If a person voluntarily violates his written promise to appear in court

1-4 in person or by counsel which he made by signing a copy of a written

1-5 traffic citation issued pursuant to NRS 484.799, the court may enter a

1-6 judgment of conviction against the person and impose a sentence for the

1-7 underlying misdemeanor for which the citation was issued.

1-8 Sec. 2. NRS 176.015 is hereby amended to read as follows:

1-9 176.015 1. Sentence must be imposed without unreasonable delay.

1-15 and

2-1 (b) Address the defendant personally and ask him if he wishes to make

2-2 a statement in his own behalf and to present any information in mitigation

2-3 of punishment.

2-4 3. Before imposing sentence, the court shall afford the victim an

2-5 opportunity to:

2-6 (a) Appear personally, by counsel or by personal representative; and

2-7 (b) Reasonably express any views concerning the crime, the person

2-8 responsible, the impact of the crime on the victim and the need for

2-9 restitution.

2-10 4. The prosecutor shall give reasonable notice of the hearing to impose

2-11 sentence to:

2-12 (a) The person against whom the crime was committed;

2-13 (b) A person who was injured as a direct result of the commission of the

2-14 crime;

2-15 (c) The surviving spouse, parents or children of a person who was killed

2-16 as a direct result of the commission of the crime; and

2-17 (d) Any other relative or victim who requests in writing to be notified of

2-18 the hearing.

2-19 Any defect in notice or failure of such persons to appear are not grounds

2-20 for an appeal or the granting of a writ of habeas corpus. All personal

2-21 information, including, but not limited to, a current or former address,

2-22 which pertains to a victim or relative and which is received by the

2-23 prosecutor pursuant to this subsection is confidential.

2-24 5. For the purposes of this section:

2-25 (a) "Relative" of a person includes:

2-26 (1) A spouse, parent, grandparent or stepparent;

2-27 (2) A natural born child, stepchild or adopted child;

2-28 (3) A grandchild, brother, sister, half brother or half sister; or

2-29 (4) A parent of a spouse.

2-30 (b) "Victim" includes:

2-31 (1) A person, including a governmental entity, against whom a crime

2-32 has been committed;

2-33 (2) A person who has been injured or killed as a direct result of the

2-34 commission of a crime; and

2-35 (3) A relative of a person described in subparagraph (1) or (2).

2-36 6. This section does not restrict the authority of the court to consider

2-37 any reliable and relevant evidence at the time of sentencing.

2-38 Sec. 3. NRS 484.799 is hereby amended to read as follows:

2-39 484.799 1. Whenever a person is halted by a peace officer for any

2-43 complaint issuing in the name of "The State of Nevada," containing a

3-1 notice to appear in court, the name and address of the person, the state

3-2 registration number of his vehicle, if any, the number of his driver’s

3-3 license, if any, the offense charged, including a brief description of the

3-4 offense and the NRS citation, the time and place when and where the

3-5 person is required to appear in court, the statements set forth in subsection

3-6 2, and such other pertinent information as may be necessary. The citation

3-7 must be signed by the peace officer.

3-8 2. A written traffic citation prepared pursuant to subsection 1 must

3-9 include the following statements:

3-10 I hereby swear or affirm that the information I have provided

3-11 on this citation is true under penalty of providing false

3-12 information;

3-13 Without admitting to having committed the offense charged, I

3-14 promise to appear in court at the time and place set forth in this

3-15 notice and waive my right to be taken immediately before a

3-16 magistrate; and

3-17 I understand that I have a right to be present in court at the

3-18 time and place set forth in this notice, and understand and agree

3-19 that if I fail to appear in person or by counsel in court at the time

3-20 and place set forth in this notice concerning the offense charged,

3-21 the court may proceed without me, enter a judgment of conviction

3-22 against me and impose a sentence upon me.

3-23 3. The time specified in the notice to appear must be at least 5 days

3-24 after the alleged violation unless the person charged with the violation

3-25 demands an earlier hearing.

3-26 [3.] 4. The place specified in the notice to appear must be before a

3-27 magistrate, as designated in NRS 484.803.

3-28 [4.] 5. The person charged with the violation may give his written

3-29 promise to appear in court by signing at least one copy of the written

3-30 traffic citation prepared by the peace officer, in which event the peace

3-31 officer shall deliver a copy of the citation to the person, and thereupon the

3-32 peace officer shall not take the person into physical custody for the

3-33 violation. A copy of the citation signed by the person charged shall suffice

3-34 as proof of service.

3-35 6. A person who knowingly attests falsely or provides incorrect

3-36 information concerning a written traffic citation prepared pursuant to

3-37 this section is guilty of a misdemeanor.

3-38 Sec. 4. NRS 484.805 is hereby amended to read as follows:

3-39 484.805 Whenever any person is taken into custody by a peace officer

3-41 required in this chapter upon any charge other than a felony or the offenses

4-1 enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of NRS

4-2 484.791, and no magistrate is available at the time of arrest, and there is no

4-3 bail schedule established by the magistrate or court and no lawfully

4-4 designated court clerk or other public officer who is available and

4-5 authorized to accept bail upon behalf of the magistrate or court, the person

4-6 must be released from custody upon the issuance to him of a written

4-7 [misdemeanor citation or] traffic citation and his signing a promise to

4-8 appear, as provided in NRS [171.1773 or 484.799, respectively.] 484.799.

4-9 Sec. 5. The amendatory provisions of this act do not apply to persons

4-10 who were issued traffic citations before October 1, 1999.