Assembly Bill No. 19–Committee on Judiciary

Prefiled January 7, 1999

(On Behalf of Legislative Commission’s Study Concerning Fees, Fines, Forfeitures and Administrative Assessments)

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning manner of handling money paid on certain traffic citations. (BDR 43-175)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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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).

 

AN ACT relating to motor vehicles; clarifying that money paid on a traffic citation without appearing in court must include any administrative assessment that would be imposed if paid in court; requiring money paid on certain traffic citations to be treated as a fine; providing that certain traffic citations must not designate payment of the citation as a forfeiture of bail; and providing other matters properly relating thereto.

 

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

1-1 Section 1. NRS 483.460 is hereby amended to read as follows:

1-2 483.460 1. Except as otherwise provided by statute, the department

1-3 shall revoke the license, permit or privilege of any driver upon receiving a

1-4 record of his conviction of any of the following offenses, when that

1-5 conviction has become final, and the driver is not eligible for a license,

1-6 permit or privilege to drive for the period indicated:

1-7 (a) For a period of 3 years if the offense is:

1-8 (1) A violation of subsection 2 of NRS 484.377.

1-9 (2) A third or subsequent violation within 7 years of NRS 484.379.

1-10 (3) A violation of NRS 484.3795 or homicide resulting from driving a

1-11 vehicle while under the influence of intoxicating liquor or a controlled

1-12 substance.

2-1 The period during which such a driver is not eligible for a license, permit or

2-2 privilege to drive must be set aside during any period of imprisonment and

2-3 the period of revocation must resume upon completion of the period of

2-4 imprisonment or when the person is placed on residential confinement.

2-5 (b) For a period of 1 year if the offense is:

2-6 (1) Any other manslaughter resulting from the driving of a motor

2-7 vehicle or felony in the commission of which a motor vehicle is used,

2-8 including the unlawful taking of a motor vehicle.

2-9 (2) Failure to stop and render aid as required pursuant to the laws of

2-10 this state in the event of a motor vehicle accident resulting in the death or

2-11 bodily injury of another.

2-12 (3) Perjury or the making of a false affidavit or statement under oath

2-13 to the department pursuant to NRS 483.010 to 483.630, inclusive, or

2-14 pursuant to any other law relating to the ownership or driving of motor

2-15 vehicles.

2-16 (4) Conviction [, or forfeiture of bail not vacated,] upon three charges

2-17 of reckless driving committed within a period of 12 months.

2-18 (5) A second violation within 7 years of NRS 484.379 and, except as

2-19 otherwise provided in subsection 2 of NRS 483.490, the driver is not

2-20 eligible for a restricted license during any of that period.

2-21 (6) A violation of NRS 484.348.

2-22 (c) For a period of 90 days, if the offense is a first violation within 7

2-23 years of NRS 484.379.

2-24 2. The department shall revoke the license, permit or privilege of a

2-25 driver convicted of violating NRS 484.379 who fails to complete the

2-26 educational course on the use of alcohol and controlled substances within

2-27 the time ordered by the court and shall add a period of 90 days during

2-28 which the driver is not eligible for a license, permit or privilege to drive.

2-29 3. When the department is notified by a court that a person who has

2-30 been convicted of violating NRS 484.379 has been permitted to enter a

2-31 program of treatment pursuant to NRS 484.37937 or 484.3794, the

2-32 department shall reduce by one-half the period during which he is not

2-33 eligible for a license, permit or privilege to drive, but shall restore that

2-34 reduction in time if notified that he was not accepted for or failed to

2-35 complete the treatment.

2-36 4. The department shall revoke the license, permit or privilege to drive

2-37 of a person who is required to install a device pursuant to NRS 484.3943

2-38 but who operates a motor vehicle without such a device:

2-39 (a) For 3 years, if it is his first such offense during the period of required

2-40 use of the device.

2-41 (b) For 5 years, if it is his second such offense during the period of

2-42 required use of the device.

3-1 5. A driver whose license, permit or privilege is revoked pursuant to

3-2 subsection 4 is not eligible for a restricted license during the period set

3-3 forth in paragraph (a) or (b) of that subsection, whichever is applicable.

3-4 6. When the department is notified that a court has:

3-5 (a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS

3-6 62.224, 62.2255, 62.226 or 62.228, ordered the suspension or delay in the

3-7 issuance of a child’s license;

3-8 (b) Pursuant to NRS 206.330, ordered the suspension or delay in the

3-9 issuance of a person’s license; or

3-10 (c) Pursuant to NRS 62.227, ordered the revocation of a child’s license,

3-11 the department shall take such actions as are necessary to carry out the

3-12 court’s order.

3-13 7. As used in this section, "device" has the meaning ascribed to it in

3-14 NRS 484.3941.

3-15 Sec. 2. NRS 484.813 is hereby amended to read as follows:

3-16 484.813 1. Every peace officer upon issuing a traffic citation to an

3-17 alleged violator of any provision of the motor vehicle laws of this state or

3-18 of any traffic ordinance of any city or town shall deposit the original or a

3-19 copy of the traffic citation with a court having jurisdiction over the alleged

3-20 offense or with its traffic violations bureau.

3-21 2. Upon the deposit of the original or a copy of the traffic citation with

3-22 a court having jurisdiction over the alleged offense or with its traffic

3-23 violations bureau, the traffic citation may be disposed of only by trial in

3-24 that court [or] , by other official action by a judge of that court [, including

3-25 forfeiture of the bail,] or by the [deposit of sufficient bail with, or] entry of

3-26 a plea of guilty, guilty but mentally ill or nolo contendere and the payment

3-27 of a fine to [,] the traffic violations bureau by the person to whom the

3-28 traffic citation [has been issued by the peace officer.] was issued.

3-29 3. The amount of money required to be paid by a defendant for a

3-30 traffic citation issued for a misdemeanor without appearing in court must

3-31 include any administrative assessment the court is otherwise required to

3-32 impose if the person appears in court.

3-33 4. Money paid by a defendant for a traffic citation issued for a

3-34 misdemeanor, other than for any fee or administrative assessment, must

3-35 be treated as a fine for the purposes of revenue, regardless of the manner

3-36 in which the payment is characterized on the citation.

3-37 5. A traffic citation issued for a misdemeanor must not include a

3-38 statement designating the payment of the citation as a forfeiture of bail,

3-39 regardless of whether the payment is mailed in or the defendant makes

3-40 payment after he appears in court.

3-41 6. It is unlawful and official misconduct for any peace officer or other

3-42 officer or public employee to dispose of a traffic citation or copies of it or

4-1 of the record of the issuance of a traffic citation in a manner other than as

4-2 required in this section.

4-3 [4.] 7. The chief administrative officer of every traffic enforcement

4-4 agency shall require the return to him of a copy of every traffic citation

4-5 issued by an officer under his supervision to an alleged violator of any

4-6 traffic law or ordinance and of all copies of every traffic citation which has

4-7 been spoiled or upon which any entry has been made and not issued to an

4-8 alleged violator.

4-9 [5.] 8. The chief administrative officer shall also maintain or cause to

4-10 be maintained a record of every traffic citation issued by officers under his

4-11 supervision. The record must be retained for at least 2 years after issuance

4-12 of the citation.

4-13 Sec. 3. NRS 485.3099 is hereby amended to read as follows:

4-14 485.3099 1. The division shall upon request consent to the immediate

4-15 cancellation of any certificate of financial responsibility, or the division

4-16 shall waive the requirement of filing proof of financial responsibility, in

4-17 any of the following events:

4-18 (a) At any time after 3 years from the date the proof of financial

4-19 responsibility was required when, during the 3-year period preceding the

4-20 request, the division has not received a record of a conviction [or a

4-21 forfeiture of bail] which would require or permit the suspension or

4-22 revocation of the license, registration or nonresident’s operating privilege

4-23 of the person by or for whom the proof of financial responsibility was

4-24 furnished;

4-25 (b) In the event of the death of the person on whose behalf the proof of

4-26 financial responsibility was filed or the permanent incapacity of the person

4-27 to operate a motor vehicle; or

4-28 (c) If the person who is required to file proof of financial responsibility

4-29 surrenders his license and registration to the division.

4-30 2. If a person who surrenders his license and registration pursuant to

4-31 paragraph (c) of subsection 1 applies for a license or registration within a

4-32 period of 3 years after the date proof of financial responsibility was

4-33 originally required, the application must be refused unless the applicant

4-34 reestablishes proof of financial responsibility for the remainder of the

4-35 3-year period.

4-36 Sec. 4. A forfeiture of bail not vacated by a court which occurred

4-37 before July 1, 2000, shall be deemed a conviction for the purposes of NRS

4-38 483.460 as amended by section 1 of this act and NRS 485.3099 as amended

4-39 by section 3 of this act.

4-40 Sec. 5. This act becomes effective on July 1, 2000.

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