Assembly Bill No. 402–Assemblyman Arberry (by request)

March 4, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Expands authority and jurisdiction of certain marshals. (BDR 22-1469)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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 metropolitan police departments; expanding the authority and jurisdiction of a unit of marshals which is established and administered by a political subdivision that is participating in a metropolitan police department; 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 280.125 is hereby amended to read as follows:

1-2 280.125 1. The provisions of this chapter do not prohibit a

1-3 participating political subdivision from establishing and administering the

1-4 following units of specialized law enforcement:

1-5 (a) A unit consisting of animal control officers.

1-6 (b) A unit consisting of marshals.

1-7 (c) A unit consisting of park rangers.

1-8 (d) A unit for the investigation of arson.

1-9 (e) A unit for the enforcement of laws relating to the licensure of

1-10 businesses.

1-11 (f) A unit for the enforcement of nonmoving traffic laws.

1-12 2. Except as otherwise [limited in subsection 3,] provided in

1-13 subsections 3 and 4, the jurisdiction and authority of any units of

1-14 specialized law enforcement established pursuant to subsection 1 is

1-15 concurrent with the authority and jurisdiction of the metropolitan police

1-16 department.

1-17 3. The authority and jurisdiction of a unit consisting of marshals is

1-18 limited to:

2-1 (a) The enforcement of state laws and city and county ordinances

2-2 within the boundaries of the participating political subdivision;

2-3 (b) The service of warrants of arrest issued pursuant to NRS 5.060;

2-4 and

2-5 (c) The removal of abandoned vehicles as authorized by NRS 487.230.

2-6 4. The authority and jurisdiction of a unit consisting of [marshals or]

2-7 park rangers is limited to:

2-8 (a) The issuance of citations in accordance with the provisions of NRS

2-9 171.17751;

2-10 (b) The enforcement of state laws and city and county ordinances on

2-11 real property owned, leased or otherwise under the control of the

2-12 participating political subdivision;

2-13 (c) The service of warrants of arrest issued pursuant to NRS 5.060; and

2-14 (d) The removal of abandoned vehicles as authorized by NRS 487.230.

2-15 Sec. 2. NRS 171.17751 is hereby amended to read as follows:

2-16 171.17751 1. Any board of county commissioners or governing

2-17 body of a city may designate the chief officer of the organized fire

2-18 department or any employees designated by him, and certain of its

2-19 inspectors of solid waste management, building, housing and licensing

2-20 inspectors, zoning enforcement officers, parking enforcement officers,

2-21 animal control officers, traffic engineers [, and marshals] and park rangers

2-22 of units of specialized law enforcement established pursuant to NRS

2-23 280.125, to prepare, sign and serve written citations on persons accused of

2-24 violating a county or city ordinance.

2-25 2. The state health officer and the health officer of each county, district

2-26 and city may designate certain of his employees to prepare, sign and serve

2-27 written citations on persons accused of violating any law, ordinance or

2-28 regulation of a board of health that relates to public health.

2-29 3. The chief of the manufactured housing division of the department of

2-30 business and industry may designate certain of his employees to prepare,

2-31 sign and serve written citations on persons accused of violating any law or

2-32 regulation of the division relating to the provisions of chapters 118B, 461,

2-33 461A and 489 of NRS.

2-34 4. The state contractors’ board may designate certain of its employees

2-35 to prepare, sign and serve written citations on persons accused of violating

2-36 NRS 624.230.

2-37 5. An employee designated pursuant to this section:

2-38 (a) May exercise the authority to prepare, sign and serve citations only

2-39 within the field of enforcement in which he works;

3-1 (b) May, if he is employed by a city or county, prepare, sign and serve a

3-2 citation only to enforce an ordinance of the city or county by which he is

3-3 employed; and

3-4 (c) Shall comply with the provisions of NRS 171.1773.

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