Assembly Bill No. 650–Committee on Judiciary

(On Behalf of Administrative Office of the Courts)

March 22, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning use of electronic means to create, file, store and reproduce certain legal documents and to issue certain misdemeanor citations. (BDR 1-845)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

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 judicial process; authorizing the supreme court to establish rules governing the electronic filing, storage and reproduction of documents filed with various courts; providing a procedure for holding a person liable for failing to appear in court as provided in an electronic citation issued to the person; authorizing certain peace officers and other persons to issue certain electronic citations and to file such citations electronically with a court or traffic violations bureau; providing a penalty; 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. Chapter 1 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The supreme court may adopt rules not inconsistent with the laws

1-4 of this state to provide for the electronic filing, storage and reproduction

1-5 of documents filed with the courts of justice.

1-6 2. If the supreme court adopts such rules, each court of justice may

1-7 provide for the electronic filing, storage and reproduction of documents

1-8 filed with the court in accordance with those rules.

1-9 Sec. 2. NRS 62.175 is hereby amended to read as follows:

1-10 62.175 Whenever any child is stopped by a peace officer for any

1-11 violation of a traffic law or an ordinance which is punishable as a

1-12 misdemeanor, the peace officer may prepare and issue a [written] traffic

2-1 citation [under] pursuant to the same criteria as would apply to an adult

2-2 violator. If the child gives his written promise to appear in court by signing

2-3 the citation, the officer shall deliver a copy of the citation to the child and

2-4 shall not take him into physical custody for the violation.

2-5 Sec. 3. Chapter 171 of NRS is hereby amended by adding thereto a

2-6 new section to read as follows:

2-7 1. It is unlawful for a person to violate his written promise to appear

2-8 given to a peace officer upon the issuance of a misdemeanor citation

2-9 prepared manually, regardless of the disposition of the charge for which

2-10 the citation was originally issued.

2-11 2. If a person does not appear in court as provided in a misdemeanor

2-12 citation that was issued electronically, the court shall issue a summons

2-13 requiring the person to appear before the court. A person who fails to

2-14 appear before the court in response to such a summons is guilty of a

2-15 misdemeanor.

2-16 3. A person may comply with a summons or a written promise to

2-17 appear in court by an appearance by counsel.

2-18 4. A warrant may issue upon a violation of a written promise to

2-19 appear pursuant to subsection 1 or a violation of a summons pursuant to

2-20 subsection 2.

2-21 Sec. 4. NRS 171.1773 is hereby amended to read as follows:

2-22 171.1773 1. Whenever a person is detained by a peace officer for

2-23 any violation of a county, city or town ordinance or a state law which is

2-24 punishable as a misdemeanor and he is not taken before a magistrate as

2-25 required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace

2-26 officer may prepare a [written] misdemeanor citation manually or

2-27 electronically in the form of a complaint issuing in the name of "The State

2-28 of Nevada" or in the name of the respective county, city or town,

2-29 containing a notice to appear in court, the name and address of the person,

2-30 the state registration number of his vehicle, if any, the offense charged,

2-31 including a brief description of the offense and the NRS or ordinance

2-32 citation, the time when and place where the person is required to appear in

2-33 court, and such other pertinent information as may be necessary. The

2-34 citation must be signed by the peace officer. If the citation is prepared

2-35 electronically, the officer shall sign the copy of the citation that is

2-36 delivered to the person charged with the violation.

2-37 2. The time specified in the notice to appear must be at least 5 days

2-38 after the alleged violation unless the person charged with the violation

2-39 demands an earlier hearing.

2-40 3. The place specified in the notice must be before a magistrate, as

2-41 designated in NRS 171.178 and 171.184.

2-42 4. The person charged with the violation may give his written promise

2-43 to appear in court by signing at least one copy of the [written]

3-1 misdemeanor citation prepared by the peace officer, in which event the

3-2 peace officer shall deliver a copy of the citation to the person, and

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

3-4 for the violation. If the citation is prepared electronically, the officer shall

3-5 deliver the signed copy of the citation to the person and shall indicate on

3-6 the electronic record of the citation whether the person charged gave his

3-7 written promise to appear. A copy of the citation that is signed by the

3-8 person charged [shall suffice] or the electronic record of the citation

3-9 which indicates that the person charged gave his written promise to

3-10 appear suffices as proof of service.

3-11 [5. It is unlawful for any person to violate his written promise to

3-12 appear given to a peace officer upon the issuance of a misdemeanor

3-13 citation regardless of the disposition of the charge for which the citation

3-14 was originally issued.]

3-15 Sec. 5. NRS 171.1774 is hereby amended to read as follows:

3-16 171.1774 1. In those instances described in NRS 171.1772, the peace

3-17 officer summoned after the arrest shall prepare a [written] misdemeanor

3-18 citation manually or electronically in the form of a complaint issuing in

3-19 the name of "The State of Nevada" or in the name of the respective county,

3-20 city or town, and containing:

3-21 (a) A notice to appear in court;

3-22 (b) The name and address of the person;

3-23 (c) The state registration number of his vehicle, if any;

3-24 (d) The offense charged, including a brief description of the offense and

3-25 the NRS or ordinance citation;

3-26 (e) The time when and place where the person is required to appear in

3-27 court;

3-28 (f) Such other pertinent information as may be necessary; and

3-29 (g) The signatures of the private person making the arrest and the peace

3-30 officer preparing the citation.

3-31 2. The time specified in the notice to appear must be at least 5 days

3-32 after the alleged violation unless the person charged with the violation

3-33 demands an earlier hearing.

3-34 3. The place specified in the notice must be before a magistrate, as

3-35 designated in NRS 171.178 and 171.184.

3-36 4. The person charged with the violation may give his written promise

3-37 to appear in court by signing at least one copy of the [written]

3-38 misdemeanor citation prepared by the peace officer, in which event the

3-39 peace officer shall deliver a copy of the citation to the person, and

3-40 thereupon the peace officer shall not take the person into physical custody

3-41 for the violation. If the citation is prepared electronically, the officer shall

3-42 deliver the signed copy of the citation to the person and shall indicate on

3-43 the electronic record of the citation whether the person charged gave his

4-1 written promise to appear. A copy of the citation that is signed by the

4-2 person charged [shall suffice] or the electronic record of the citation

4-3 which indicates that the person charged gave his written promise to

4-4 appear suffices as proof of service.

4-5 [5. It is unlawful for any person to violate his written promise to

4-6 appear given to a peace officer upon the issuance of a misdemeanor

4-7 citation regardless of the disposition of the charge for which the citation

4-8 was originally issued.]

4-9 Sec. 6. NRS 171.1775 is hereby amended to read as follows:

4-10 171.1775 1. Every county, city or town law enforcement agency in

4-11 this state shall provide in appropriate form misdemeanor citations

4-12 containing notices to appear which must [be issued in books and] meet the

4-13 requirements of NRS 171.177 to 171.1779, inclusive [.] , and be:

4-14 (a) Issued in books; or

4-15 (b) Available through an electronic device used to prepare the

4-16 citations.

4-17 2. The chief administrative officer of each law enforcement agency is

4-18 responsible for the issuance of such books and electronic devices and shall

4-19 maintain a record of each book , each electronic device and each citation

4-20 contained therein issued to individual members of the law enforcement

4-21 agency. The chief administrative officer shall require and retain a receipt

4-22 for every book and electronic device that is issued.

4-23 Sec. 7. NRS 171.1776 is hereby amended to read as follows:

4-24 171.1776 1. Every peace officer upon issuing a misdemeanor

4-25 citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged

4-26 violator of any provision of a county, city or town ordinance or of a state

4-27 law which is punishable as a misdemeanor shall [deposit] file manually or,

4-28 if the provisions of subsection 2 are satisfied, file electronically the

4-29 original or a copy of such misdemeanor citation with a court having

4-30 jurisdiction over the alleged offense.

4-31 2. A copy of a misdemeanor citation that is prepared electronically

4-32 may be filed electronically with a court having jurisdiction over the

4-33 alleged offense if the court:

4-34 (a) Authorizes such electronic filing;

4-35 (b) Has the ability to receive and store the citation electronically; and

4-36 (c) Has the ability to physically reproduce the citation upon request.

4-37 3. Upon the [deposit] filing of the original or a copy of such

4-38 misdemeanor citation with a court having jurisdiction over the alleged

4-39 offense, such original or copy of such misdemeanor citation may be

4-40 disposed of only by trial in such court or other official action by a judge of

4-41 such court.

4-42 [3.] 4. It is unlawful and official misconduct for any peace officer or

4-43 other officer or public employee to dispose of a misdemeanor citation or

5-1 copies thereof or of the record of the issuance of a misdemeanor citation in

5-2 a manner other than as required in this section.

5-3 [4.] 5. The chief administrative officer of every county, city or town

5-4 law enforcement agency shall require the return to him of a physical copy

5-5 or electronic record of every misdemeanor citation issued by an officer

5-6 under his supervision to an alleged misdemeanant and of all physical

5-7 copies or electronic records of every misdemeanor citation which has been

5-8 spoiled or upon which any entry has been made and not issued to an

5-9 alleged misdemeanant.

5-10 [5.] 6. Such chief administrative officer shall also maintain or cause to

5-11 be maintained in connection with every misdemeanor citation issued by an

5-12 officer under his supervision a record of the disposition of the charge by

5-13 the court in which the original or copy of the misdemeanor citation was

5-14 [deposited.] filed.

5-15 Sec. 8. NRS 171.1778 is hereby amended to read as follows:

5-16 171.1778 If the form of citation [includes] :

5-17 1. Includes information whose truthfulness is attested as required for a

5-18 complaint charging commission of the offense alleged in the citation to

5-19 have been committed [,] ; or

5-20 2. Is prepared electronically,

5-21 then the citation when filed with a court of competent jurisdiction shall be

5-22 deemed to be a lawful complaint for the purpose of prosecution.

5-23 Sec. 9. NRS 392.142 is hereby amended to read as follows:

5-24 392.142 1. The principal of a school shall report to the appropriate

5-25 local law enforcement agency the name of any pupil enrolled in that school

5-26 who is a habitual truant.

5-27 2. Upon receipt of such a report, if it appears after investigation that

5-28 the pupil is a habitual truant, the law enforcement agency shall prepare

5-29 manually or electronically a [written] citation directing the pupil to appear

5-30 in the proper juvenile court.

5-31 3. A copy of the citation must be delivered to the pupil and to the

5-32 parent, guardian or any other person who has control or charge of the pupil

5-33 by:

5-34 (a) The local law enforcement agency;

5-35 (b) A school police officer employed by the board of trustees of the

5-36 school district; or

5-37 (c) An attendance officer appointed by the board of trustees of the

5-38 school district.

5-39 4. The citation must be in the form prescribed for misdemeanor

5-40 citations in NRS 171.1773.

6-1 Sec. 10. NRS 483.465 is hereby amended to read as follows:

6-2 483.465 1. If a driver who holds a Nevada driver’s license
6-3 [violates] :

6-4 (a) Violates a written promise to appear pursuant to a citation [issued]

6-5 that was prepared manually; or

6-6 (b) Fails to appear in response to a summons that was issued after the

6-7 citation was prepared electronically,

6-8 for a violation of a traffic law or ordinance occurring within this state other

6-9 than one governing standing or parking, the clerk of the court shall

6-10 immediately notify the department on a form approved by the department.

6-11 2. Upon receipt of notice from a court in this state of a failure to

6-12 appear, the department shall notify the driver by mail that his privilege to

6-13 drive is subject to suspension and allow him 30 days after the date of

6-14 mailing the notice to:

6-15 (a) Appear in court and obtain a dismissal of the citation or complaint

6-16 as provided by law;

6-17 (b) Appear in court and, if permitted by the court, make an arrangement

6-18 acceptable to the court to satisfy a judgment of conviction; or

6-19 (c) Make a written request to the department for a hearing.

6-20 3. If notified by a court, within 30 days after the notice of a failure to

6-21 appear, that a driver has been allowed to make an arrangement for the

6-22 satisfaction of a judgment of conviction, the department shall remove the

6-23 suspension from the driver’s record. If the driver subsequently defaults on

6-24 his arrangement with the court, the court shall notify the department which

6-25 shall immediately suspend the driver’s license until the court notifies the

6-26 department that the suspension may be removed.

6-27 4. The department shall suspend the license of a driver 31 days after it

6-28 mails him the notice provided for in subsection 2, unless within that time it

6-29 has received a written request for a hearing from the driver or notice from

6-30 the court on a form approved by the department that the driver has

6-31 appeared or the citation or complaint has been dismissed. A license so

6-32 suspended remains suspended until further notice is received from the

6-33 court that the driver has appeared or that the case has been otherwise

6-34 disposed of as provided by law.

6-35 Sec. 11. NRS 484.4085 is hereby amended to read as follows:

6-36 484.4085 1. A local law enforcement agency may appoint volunteers

6-37 to issue citations , prepared manually or electronically, for the violation of

6-38 the provisions of NRS 484.408 or ordinances enacted by a local authority

6-39 that govern parking for the handicapped.

6-40 2. The local law enforcement agency appointing volunteers shall:

6-41 (a) Establish minimum qualifications for the volunteers;

6-42 (b) Provide training to the volunteers before authorizing them to issue

6-43 citations; and

7-1 (c) Provide the volunteers with appropriate equipment, including, but

7-2 not limited to, uniforms or other identifying attire and traffic citations

7-3 issued in books [.] or electronic devices that may be used to issue

7-4 citations.

7-5 3. A citation issued by a volunteer appointed pursuant to subsection 1

7-6 has the same force and effect as a citation issued by a peace officer. The

7-7 volunteer shall [deposit] file the original or a copy of the citation in the

7-8 manner prescribed in [subsection 1 of] NRS 484.813.

7-9 4. For the purposes of this section, a person who volunteers to a local

7-10 law enforcement agency to issue citations pursuant to subsection 1 shall be

7-11 deemed an employee of a political subdivision of this state for the purposes

7-12 of NRS 616A.160 if he has successfully completed the training course for

7-13 the issuance of such citations provided by the local law enforcement

7-14 agency.

7-15 5. Local law enforcement agencies are not liable for the negligent acts

7-16 or omissions of a person who volunteers to issue citations pursuant to

7-17 subsection 1 unless:

7-18 (a) The volunteer made a specific promise or representation to a natural

7-19 person who relied upon the promise or representation to his detriment; or

7-20 (b) The conduct of the volunteer affirmatively caused the harm.

7-21 The provisions of this section are not intended to abrogate the principal of

7-22 common law that the duty of governmental entities to provide services is a

7-23 duty owed to the public, not to individual persons.

7-24 6. An owner of private property on which there are parking spaces

7-25 designated for the handicapped, or the owner or operator of a business

7-26 establishment located on such property, is not liable for any acts or

7-27 omissions resulting from the issuance of a citation by a volunteer pursuant

7-28 to this section.

7-29 Sec. 12. NRS 484.695 is hereby amended to read as follows:

7-30 484.695 1. Peace officers and inspectors of the department, in

7-31 pursuance of assigned duty, having reasonable cause to believe that any

7-32 vehicle or combination of vehicles is not equipped as required by this

7-33 chapter or is in such unsafe condition as to endanger the driver or other

7-34 occupant or any person upon a public highway or does not comply with

7-35 any standards for tires or brakes adopted pursuant to subsection 4, may

7-36 require the driver thereof to stop and submit the vehicle or combination of

7-37 vehicles to an inspection of the mechanical condition or equipment thereof

7-38 and such tests with reference thereto as may be appropriate.

7-39 2. If a vehicle or combination of vehicles is found to be in an unsafe

7-40 mechanical condition or is not equipped as required by this chapter or does

7-41 not comply with any standards for tires or brakes adopted pursuant to

7-42 subsection 4, the peace officer or inspector causing the inspection to be

7-43 made may give the owner of the vehicle a [written] citation or notice of

8-1 violation and further require the owner of the vehicle to produce in court or

8-2 the office of the peace officer or inspector satisfactory evidence that the

8-3 vehicle or its equipment has been made to conform with the requirements

8-4 of this chapter and regulations adopted [thereunder.] pursuant thereto.

8-5 3. The director may establish centers for the inspection of motor

8-6 vehicles for safety at the branch offices of the department for the purpose

8-7 of inspecting vehicles intended to be registered in the [state.] State of

8-8 Nevada. Inspections at these centers are limited to examination of tires and

8-9 brakes on motor vehicles which have a declared gross weight of less than

8-10 10,000 pounds and which were manufactured more than 2 years before the

8-11 date of inspection.

8-12 4. The director shall adopt regulations prescribing the standards for

8-13 tires and brakes.

8-14 Sec. 13. NRS 484.799 is hereby amended to read as follows:

8-15 484.799 1. Whenever a person is halted by a peace officer for any

8-16 violation of this chapter punishable as a misdemeanor and is not taken

8-17 before a magistrate as required or permitted by NRS 484.793 and 484.795,

8-18 the peace officer may prepare a [written] traffic citation manually or

8-19 electronically in the form of a complaint issuing in the name of "The State

8-20 of Nevada," containing a notice to appear in court, the name and address of

8-21 the person, the state registration number of his vehicle, if any, the number

8-22 of his driver’s license, if any, the offense charged, including a brief

8-23 description of the offense and the NRS citation, the time and place when

8-24 and where the person is required to appear in court, and such other

8-25 pertinent information as may be necessary. The citation must be signed by

8-26 the peace officer. If the citation is prepared electronically, the officer

8-27 shall sign the copy of the citation that is delivered to the person charged

8-28 with the violation.

8-29 2. The time specified in the notice to appear must be at least 5 days

8-30 after the alleged violation unless the person charged with the violation

8-31 demands an earlier hearing.

8-32 3. The place specified in the notice to appear must be before a

8-33 magistrate, as designated in NRS 484.803.

8-34 4. The person charged with the violation may give his written promise

8-35 to appear in court by signing at least one copy of the [written] traffic

8-36 citation prepared by the peace officer, in which event the peace officer

8-37 shall deliver a copy of the citation to the person, and thereupon the peace

8-38 officer shall not take the person into physical custody for the violation. If

8-39 the citation is prepared electronically, the officer shall deliver the signed

8-40 copy of the citation to the person and shall indicate on the electronic

8-41 record of the citation whether the person charged gave his written

8-42 promise to appear. A copy of the citation that is signed by the person

8-43 charged [shall suffice] or the electronic record of the citation which

9-1 indicates that the person charged gave his written promise to appear

9-2 suffices as proof of service.

9-3 Sec. 14. NRS 484.801 is hereby amended to read as follows:

9-4 484.801 Except for felonies and those offenses set forth in paragraphs

9-5 (a) to (d), inclusive, of subsection 1 of NRS 484.791, a peace officer at the

9-6 scene of a traffic accident may issue a [written] traffic citation, as provided

9-7 in NRS 484.799, or a misdemeanor citation, as provided in NRS 171.1773,

9-8 to any person involved in the accident when, based upon personal

9-9 investigation, the peace officer has reasonable and probable grounds to

9-10 believe that the person has committed any offense [under] pursuant to the

9-11 provisions of this chapter or of chapter 482, 483, 485, 486 or 706 of NRS

9-12 in connection with the accident.

9-13 Sec. 15. NRS 484.803 is hereby amended to read as follows:

9-14 484.803 1. Whenever any person is taken before a magistrate or is

9-15 given a [written] traffic citation containing a notice to appear before a

9-16 magistrate as provided for in NRS 484.799, the magistrate must be a

9-17 justice of the peace or municipal judge who has jurisdiction of the offense

9-18 and is nearest or most accessible with reference to the place where the

9-19 alleged violation occurred, except that when the offense is alleged to have

9-20 been committed within an incorporated municipality wherein there is an

9-21 established court having jurisdiction of the offense, the person must be

9-22 taken without unnecessary delay before that court.

9-23 2. For the purpose of this section, the terms "magistrate" and "court"

9-24 include magistrates and courts having jurisdiction of offenses under the

9-25 law of this state as committing magistrates and courts and those having

9-26 jurisdiction of the trials of such offenses.

9-27 Sec. 16. NRS 484.805 is hereby amended to read as follows:

9-28 484.805 Whenever any person is taken into custody by a peace officer

9-29 for the purpose of taking him before a magistrate or court as authorized or

9-30 required in this chapter upon any charge other than a felony or the offenses

9-31 enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of NRS

9-32 484.791, and no magistrate is available at the time of arrest, and there is no

9-33 bail schedule established by the magistrate or court and no lawfully

9-34 designated court clerk or other public officer who is available and

9-35 authorized to accept bail upon behalf of the magistrate or court, the person

9-36 must be released from custody upon the issuance to him of a [written]

9-37 misdemeanor citation or traffic citation and his signing a promise to

9-38 appear, as provided in NRS 171.1773 or 484.799, respectively.

9-39 Sec. 17. NRS 484.807 is hereby amended to read as follows:

9-40 484.807 1. It is unlawful for any person to violate his written

9-41 promise to appear given to a peace officer upon the issuance of a traffic

9-42 citation prepared manually, regardless of the disposition of the charge for

9-43 which [such] the citation was originally issued.

10-1 2. If a person does not appear in court as provided in a traffic

10-2 citation that was issued electronically, the court shall issue a summons

10-3 requiring the person to appear before the court. A person who fails to

10-4 appear before the court in response to such a summons is guilty of a

10-5 misdemeanor.

10-6 3. A person may comply with a summons or a written promise to

10-7 appear in court [may be complied with] by an appearance by counsel.

10-8 [3.] 4. A warrant may issue upon a violation of a written promise to

10-9 appear [.] pursuant to subsection 1 or upon a violation of a summons

10-10 pursuant to subsection 2.

10-11 Sec. 18. NRS 484.810 is hereby amended to read as follows:

10-12 484.810 1. A traffic citation for a parking violation may be

10-13 prepared manually or electronically.

10-14 2. When a traffic citation for a parking violation has been issued

10-15 identifying by license number a vehicle registered to a person who has not

10-16 signed the citation, a bench warrant may not be issued for that person for

10-17 failure to appear before the court unless:

10-18 [1.] (a) A notice to appear concerning the violation is first sent to the

10-19 person by first-class mail within 60 days after the citation is issued; and

10-20 [2.] (b) The person does not appear within 20 days after the date of the

10-21 notice or the notice to appear is returned with a report that it cannot be

10-22 delivered.

10-23 Sec. 19. NRS 484.811 is hereby amended to read as follows:

10-24 484.811 1. Every traffic enforcement agency in this state shall

10-25 provide in appropriate form traffic citations containing notices to appear

10-26 which must [be issued in books and] meet the requirements of this chapter

10-27 [.] and be:

10-28 (a) Issued in books; or

10-29 (b) Available through an electronic device used to prepare citations.

10-30 2. The chief administrative officer of each traffic enforcement agency

10-31 is responsible for the issuance of such books and electronic devices and

10-32 shall maintain a record of each book , each electronic device and each

10-33 citation contained therein issued to individual members of the traffic

10-34 enforcement agency [.] and volunteers of the traffic enforcement agency

10-35 appointed pursuant to NRS 484.4085. The chief administrative officer

10-36 shall require and retain a receipt for every book and electronic device that

10-37 is issued.

10-38 Sec. 20. NRS 484.813 is hereby amended to read as follows:

10-39 484.813 1. Every peace officer upon issuing a traffic citation to an

10-40 alleged violator of any provision of the motor vehicle laws of this state or

10-41 of any traffic ordinance of any city or town shall [deposit] file manually

10-42 or, if the provisions of subsection 2 are satisfied, file electronically the

11-1 original or a copy of the traffic citation with a court having jurisdiction

11-2 over the alleged offense or with its traffic violations bureau.

11-3 2. A copy of a traffic citation that is prepared electronically and

11-4 issued to an alleged violator of any provision of the motor vehicle laws of

11-5 this state or of any traffic ordinance of any city or town may be filed

11-6 electronically with a court having jurisdiction over the alleged offense or

11-7 with its traffic violations bureau if the court or traffic violations bureau,

11-8 respectively:

11-9 (a) Authorizes such electronic filing;

11-10 (b) Has the ability to receive and store the citation electronically; and

11-11 (c) Has the ability to physically reproduce the citation upon request.

11-12 3. Upon the [deposit] filing of the original or a copy of the traffic

11-13 citation with a court having jurisdiction over the alleged offense or with its

11-14 traffic violations bureau, the traffic citation may be disposed of only by

11-15 trial in that court or other official action by a judge of that court, including

11-16 forfeiture of the bail, or by the deposit of sufficient bail with, or payment

11-17 of a fine to, the traffic violations bureau by the person to whom the traffic

11-18 citation has been issued by the peace officer.

11-19 [3.] 4. It is unlawful and official misconduct for any peace officer or

11-20 other officer or public employee to dispose of a traffic citation or copies of

11-21 it or of the record of the issuance of a traffic citation in a manner other than

11-22 as required in this section.

11-23 [4.] 5. The chief administrative officer of every traffic enforcement

11-24 agency shall require the return to him of a physical copy or electronic

11-25 record of every traffic citation issued by an officer under his supervision to

11-26 an alleged violator of any traffic law or ordinance and of all physical

11-27 copies or electronic records of every traffic citation which has been

11-28 spoiled or upon which any entry has been made and not issued to an

11-29 alleged violator.

11-30 [5.] 6. The chief administrative officer shall also maintain or cause to

11-31 be maintained a record of every traffic citation issued by officers under his

11-32 supervision. The record must be retained for at least 2 years after issuance

11-33 of the citation.

11-34 7. As used in this section, "officer" includes a volunteer appointed to

11-35 a traffic enforcement agency pursuant to NRS 484.4085.

11-36 Sec. 21. NRS 484.817 is hereby amended to read as follows:

11-37 484.817 If the form of citation [includes] :

11-38 1. Includes information whose truthfulness is attested as required for a

11-39 complaint charging commission of the offense alleged in the citation to

11-40 have been committed [,] ; or

11-41 2. Is prepared electronically,

12-1 then the citation when filed with a court of competent jurisdiction shall be

12-2 deemed to be a lawful complaint for the purpose of prosecution [under]

12-3 pursuant to this chapter.

12-4 Sec. 22. NRS 706.235 is hereby amended to read as follows:

12-5 706.235 1. Whenever a peace officer detains the driver of a heavy-

12-6 duty motor vehicle for a violation of any provision of this chapter or any

12-7 other specific statute or regulation relating to the equipment, lights, brakes,

12-8 tires, mechanisms or safety appliances required of such a vehicle, the peace

12-9 officer shall, in lieu of arresting the driver, prepare manually or

12-10 electronically and issue a [written] citation, a [written] notice of

12-11 correction, or both. If a notice of correction is issued, it must set forth the

12-12 violation with particularity and specify the corrective action which must be

12-13 taken.

12-14 2. If at the time of the issuance of a citation or a notice of correction,

12-15 the peace officer determines that the vehicle is unsafe and poses an

12-16 immediate threat to the life of the driver or any other person upon a public

12-17 highway, the peace officer may require that the vehicle be taken to the

12-18 nearest garage or other place where the vehicle may be safely repaired. If

12-19 the vehicle is transporting wet concrete or other perishable cargo and does

12-20 not pose an immediate threat to life, and if the destination of the vehicle is

12-21 within a distance of not more than 15 miles, the peace officer shall not

12-22 delay the vehicle for more than 15 minutes and shall permit the vehicle to

12-23 proceed to its destination and unload its cargo. Upon the arrival of the

12-24 vehicle at its destination, the peace officer may order that the vehicle be

12-25 taken, after the cargo of the vehicle has been unloaded, to the nearest

12-26 garage or other place where the vehicle may be safely repaired.

12-27 3. As used in this section:

12-28 (a) "Heavy-duty motor vehicle" means a motor vehicle which:

12-29 (1) Has a manufacturer’s gross vehicle weight rating of 10,000

12-30 pounds or more; and

12-31 (2) Is owned or leased by or otherwise used in the regular course of

12-32 the business of a common, contract or private motor carrier.

12-33 (b) "Peace officer" means:

12-34 (1) A peace officer or an inspector of the department; or

12-35 (2) A sheriff, peace officer or traffic officer assisting in the

12-36 enforcement of the provisions of this chapter.

12-37 Sec. 23. The amendatory provisions of this act do not apply to

12-38 offenses that were committed before July 1, 1999.

12-39 Sec. 24. This act becomes effective on July 1, 1999.

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