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
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 a1-2
new section to read as follows:1-3
1. The supreme court may adopt rules not inconsistent with the laws1-4
of this state to provide for the electronic filing, storage and reproduction1-5
of documents filed with the courts of justice.1-6
2. If the supreme court adopts such rules, each court of justice may1-7
provide for the electronic filing, storage and reproduction of documents1-8
filed with the court in accordance with those rules.1-9
Sec. 2. NRS 62.175 is hereby amended to read as follows: 62.175 Whenever any child is stopped by a peace officer for any1-11
violation of a traffic law or an ordinance which is punishable as a1-12
misdemeanor, the peace officer may prepare and issue a2-1
citation2-2
violator. If the child gives his written promise to appear in court by signing2-3
the citation, the officer shall deliver a copy of the citation to the child and2-4
shall not take him into physical custody for the violation.2-5
Sec. 3. Chapter 171 of NRS is hereby amended by adding thereto a2-6
new section to read as follows:2-7
1. It is unlawful for a person to violate his written promise to appear2-8
given to a peace officer upon the issuance of a misdemeanor citation2-9
prepared manually, regardless of the disposition of the charge for which2-10
the citation was originally issued.2-11
2. If a person does not appear in court as provided in a misdemeanor2-12
citation that was issued electronically, the court shall issue a summons2-13
requiring the person to appear before the court. A person who fails to2-14
appear before the court in response to such a summons is guilty of a2-15
misdemeanor.2-16
3. A person may comply with a summons or a written promise to2-17
appear in court by an appearance by counsel.2-18
4. A warrant may issue upon a violation of a written promise to2-19
appear pursuant to subsection 1 or a violation of a summons pursuant to2-20
subsection 2.2-21
Sec. 4. NRS 171.1773 is hereby amended to read as follows: 171.1773 1. Whenever a person is detained by a peace officer for2-23
any violation of a county, city or town ordinance or a state law which is2-24
punishable as a misdemeanor and he is not taken before a magistrate as2-25
required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace2-26
officer may prepare a2-27
electronically in the form of a complaint issuing in the name of "The State2-28
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 ordinance2-32
citation, the time when and place where the person is required to appear in2-33
court, and such other pertinent information as may be necessary. The2-34
citation must be signed by the peace officer. If the citation is prepared2-35
electronically, the officer shall sign the copy of the citation that is2-36
delivered to the person charged with the violation.2-37
2. The time specified in the notice to appear must be at least 5 days2-38
after the alleged violation unless the person charged with the violation2-39
demands an earlier hearing.2-40
3. The place specified in the notice must be before a magistrate, as2-41
designated in NRS 171.178 and 171.184.2-42
4. The person charged with the violation may give his written promise2-43
to appear in court by signing at least one copy of the3-1
misdemeanor citation prepared by the peace officer, in which event the3-2
peace officer shall deliver a copy of the citation to the person, and3-3
thereupon the peace officer shall not take the person into physical custody3-4
for the violation. If the citation is prepared electronically, the officer shall3-5
deliver the signed copy of the citation to the person and shall indicate on3-6
the electronic record of the citation whether the person charged gave his3-7
written promise to appear. A copy of the citation that is signed by the3-8
person charged3-9
which indicates that the person charged gave his written promise to3-10
appear suffices as proof of service.3-11
3-12
3-13
3-14
3-15
Sec. 5. NRS 171.1774 is hereby amended to read as follows: 171.1774 1. In those instances described in NRS 171.1772, the peace3-17
officer summoned after the arrest shall prepare a3-18
citation manually or electronically in the form of a complaint issuing in3-19
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 and3-25
the NRS or ordinance citation;3-26
(e) The time when and place where the person is required to appear in3-27
court;3-28
(f) Such other pertinent information as may be necessary; and3-29
(g) The signatures of the private person making the arrest and the peace3-30
officer preparing the citation.3-31
2. The time specified in the notice to appear must be at least 5 days3-32
after the alleged violation unless the person charged with the violation3-33
demands an earlier hearing.3-34
3. The place specified in the notice must be before a magistrate, as3-35
designated in NRS 171.178 and 171.184.3-36
4. The person charged with the violation may give his written promise3-37
to appear in court by signing at least one copy of the3-38
misdemeanor citation prepared by the peace officer, in which event the3-39
peace officer shall deliver a copy of the citation to the person, and3-40
thereupon the peace officer shall not take the person into physical custody3-41
for the violation. If the citation is prepared electronically, the officer shall3-42
deliver the signed copy of the citation to the person and shall indicate on3-43
the electronic record of the citation whether the person charged gave his4-1
written promise to appear. A copy of the citation that is signed by the4-2
person charged4-3
which indicates that the person charged gave his written promise to4-4
appear suffices as proof of service.4-5
4-6
4-7
4-8
4-9
Sec. 6. NRS 171.1775 is hereby amended to read as follows: 171.1775 1. Every county, city or town law enforcement agency in4-11
this state shall provide in appropriate form misdemeanor citations4-12
containing notices to appear which must4-13
requirements of NRS 171.177 to 171.1779, inclusive4-14
(a) Issued in books; or4-15
(b) Available through an electronic device used to prepare the4-16
citations.4-17
2. The chief administrative officer of each law enforcement agency is4-18
responsible for the issuance of such books and electronic devices and shall4-19
maintain a record of each book , each electronic device and each citation4-20
contained therein issued to individual members of the law enforcement4-21
agency. The chief administrative officer shall require and retain a receipt4-22
for every book and electronic device that is issued.4-23
Sec. 7. NRS 171.1776 is hereby amended to read as follows: 171.1776 1. Every peace officer upon issuing a misdemeanor4-25
citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged4-26
violator of any provision of a county, city or town ordinance or of a state4-27
law which is punishable as a misdemeanor shall4-28
if the provisions of subsection 2 are satisfied, file electronically the4-29
original or a copy of such misdemeanor citation with a court having4-30
jurisdiction over the alleged offense.4-31
2. A copy of a misdemeanor citation that is prepared electronically4-32
may be filed electronically with a court having jurisdiction over the4-33
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; and4-36
(c) Has the ability to physically reproduce the citation upon request.4-37
3. Upon the4-38
misdemeanor citation with a court having jurisdiction over the alleged4-39
offense, such original or copy of such misdemeanor citation may be4-40
disposed of only by trial in such court or other official action by a judge of4-41
such court.4-42
4-43
other officer or public employee to dispose of a misdemeanor citation or5-1
copies thereof or of the record of the issuance of a misdemeanor citation in5-2
a manner other than as required in this section.5-3
5-4
law enforcement agency shall require the return to him of a physical copy5-5
or electronic record of every misdemeanor citation issued by an officer5-6
under his supervision to an alleged misdemeanant and of all physical5-7
copies or electronic records of every misdemeanor citation which has been5-8
spoiled or upon which any entry has been made and not issued to an5-9
alleged misdemeanant.5-10
5-11
be maintained in connection with every misdemeanor citation issued by an5-12
officer under his supervision a record of the disposition of the charge by5-13
the court in which the original or copy of the misdemeanor citation was5-14
5-15
Sec. 8. NRS 171.1778 is hereby amended to read as follows: 171.1778 If the form of citation5-17
1. Includes information whose truthfulness is attested as required for a5-18
complaint charging commission of the offense alleged in the citation to5-19
have been committed5-20
2. Is prepared electronically,5-21
then the citation when filed with a court of competent jurisdiction shall be5-22
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: 392.142 1. The principal of a school shall report to the appropriate5-25
local law enforcement agency the name of any pupil enrolled in that school5-26
who is a habitual truant.5-27
2. Upon receipt of such a report, if it appears after investigation that5-28
the pupil is a habitual truant, the law enforcement agency shall prepare5-29
manually or electronically a5-30
in the proper juvenile court.5-31
3. A copy of the citation must be delivered to the pupil and to the5-32
parent, guardian or any other person who has control or charge of the pupil5-33
by:5-34
(a) The local law enforcement agency;5-35
(b) A school police officer employed by the board of trustees of the5-36
school district; or5-37
(c) An attendance officer appointed by the board of trustees of the5-38
school district.5-39
4. The citation must be in the form prescribed for misdemeanor5-40
citations in NRS 171.1773.6-1
Sec. 10. NRS 483.465 is hereby amended to read as follows: 483.465 1. If a driver who holds a Nevada driver’s license6-4
(a) Violates a written promise to appear pursuant to a citation6-5
that was prepared manually; or6-6
(b) Fails to appear in response to a summons that was issued after the6-7
citation was prepared electronically,6-8
for a violation of a traffic law or ordinance occurring within this state other6-9
than one governing standing or parking, the clerk of the court shall6-10
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 to6-12
appear, the department shall notify the driver by mail that his privilege to6-13
drive is subject to suspension and allow him 30 days after the date of6-14
mailing the notice to:6-15
(a) Appear in court and obtain a dismissal of the citation or complaint6-16
as provided by law;6-17
(b) Appear in court and, if permitted by the court, make an arrangement6-18
acceptable to the court to satisfy a judgment of conviction; or6-19
(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 to6-21
appear, that a driver has been allowed to make an arrangement for the6-22
satisfaction of a judgment of conviction, the department shall remove the6-23
suspension from the driver’s record. If the driver subsequently defaults on6-24
his arrangement with the court, the court shall notify the department which6-25
shall immediately suspend the driver’s license until the court notifies the6-26
department that the suspension may be removed.6-27
4. The department shall suspend the license of a driver 31 days after it6-28
mails him the notice provided for in subsection 2, unless within that time it6-29
has received a written request for a hearing from the driver or notice from6-30
the court on a form approved by the department that the driver has6-31
appeared or the citation or complaint has been dismissed. A license so6-32
suspended remains suspended until further notice is received from the6-33
court that the driver has appeared or that the case has been otherwise6-34
disposed of as provided by law.6-35
Sec. 11. NRS 484.4085 is hereby amended to read as follows: 484.4085 1. A local law enforcement agency may appoint volunteers6-37
to issue citations , prepared manually or electronically, for the violation of6-38
the provisions of NRS 484.408 or ordinances enacted by a local authority6-39
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 issue6-43
citations; and7-1
(c) Provide the volunteers with appropriate equipment, including, but7-2
not limited to, uniforms or other identifying attire and traffic citations7-3
issued in books7-4
citations.7-5
3. A citation issued by a volunteer appointed pursuant to subsection 17-6
has the same force and effect as a citation issued by a peace officer. The7-7
volunteer shall7-8
manner prescribed in7-9
4. For the purposes of this section, a person who volunteers to a local7-10
law enforcement agency to issue citations pursuant to subsection 1 shall be7-11
deemed an employee of a political subdivision of this state for the purposes7-12
of NRS 616A.160 if he has successfully completed the training course for7-13
the issuance of such citations provided by the local law enforcement7-14
agency.7-15
5. Local law enforcement agencies are not liable for the negligent acts7-16
or omissions of a person who volunteers to issue citations pursuant to7-17
subsection 1 unless:7-18
(a) The volunteer made a specific promise or representation to a natural7-19
person who relied upon the promise or representation to his detriment; or7-20
(b) The conduct of the volunteer affirmatively caused the harm.7-21
The provisions of this section are not intended to abrogate the principal of7-22
common law that the duty of governmental entities to provide services is a7-23
duty owed to the public, not to individual persons.7-24
6. An owner of private property on which there are parking spaces7-25
designated for the handicapped, or the owner or operator of a business7-26
establishment located on such property, is not liable for any acts or7-27
omissions resulting from the issuance of a citation by a volunteer pursuant7-28
to this section.7-29
Sec. 12. NRS 484.695 is hereby amended to read as follows: 484.695 1. Peace officers and inspectors of the department, in7-31
pursuance of assigned duty, having reasonable cause to believe that any7-32
vehicle or combination of vehicles is not equipped as required by this7-33
chapter or is in such unsafe condition as to endanger the driver or other7-34
occupant or any person upon a public highway or does not comply with7-35
any standards for tires or brakes adopted pursuant to subsection 4, may7-36
require the driver thereof to stop and submit the vehicle or combination of7-37
vehicles to an inspection of the mechanical condition or equipment thereof7-38
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 unsafe7-40
mechanical condition or is not equipped as required by this chapter or does7-41
not comply with any standards for tires or brakes adopted pursuant to7-42
subsection 4, the peace officer or inspector causing the inspection to be7-43
made may give the owner of the vehicle a8-1
violation and further require the owner of the vehicle to produce in court or8-2
the office of the peace officer or inspector satisfactory evidence that the8-3
vehicle or its equipment has been made to conform with the requirements8-4
of this chapter and regulations adopted8-5
3. The director may establish centers for the inspection of motor8-6
vehicles for safety at the branch offices of the department for the purpose8-7
of inspecting vehicles intended to be registered in the8-8
Nevada. Inspections at these centers are limited to examination of tires and8-9
brakes on motor vehicles which have a declared gross weight of less than8-10
10,000 pounds and which were manufactured more than 2 years before the8-11
date of inspection.8-12
4. The director shall adopt regulations prescribing the standards for8-13
tires and brakes.8-14
Sec. 13. NRS 484.799 is hereby amended to read as follows: 484.799 1. Whenever a person is halted by a peace officer for any8-16
violation of this chapter punishable as a misdemeanor and is not taken8-17
before a magistrate as required or permitted by NRS 484.793 and 484.795,8-18
the peace officer may prepare a8-19
electronically in the form of a complaint issuing in the name of "The State8-20
of Nevada," containing a notice to appear in court, the name and address of8-21
the person, the state registration number of his vehicle, if any, the number8-22
of his driver’s license, if any, the offense charged, including a brief8-23
description of the offense and the NRS citation, the time and place when8-24
and where the person is required to appear in court, and such other8-25
pertinent information as may be necessary. The citation must be signed by8-26
the peace officer. If the citation is prepared electronically, the officer8-27
shall sign the copy of the citation that is delivered to the person charged8-28
with the violation.8-29
2. The time specified in the notice to appear must be at least 5 days8-30
after the alleged violation unless the person charged with the violation8-31
demands an earlier hearing.8-32
3. The place specified in the notice to appear must be before a8-33
magistrate, as designated in NRS 484.803.8-34
4. The person charged with the violation may give his written promise8-35
to appear in court by signing at least one copy of the8-36
citation prepared by the peace officer, in which event the peace officer8-37
shall deliver a copy of the citation to the person, and thereupon the peace8-38
officer shall not take the person into physical custody for the violation. If8-39
the citation is prepared electronically, the officer shall deliver the signed8-40
copy of the citation to the person and shall indicate on the electronic8-41
record of the citation whether the person charged gave his written8-42
promise to appear. A copy of the citation that is signed by the person8-43
charged9-1
indicates that the person charged gave his written promise to appear9-2
suffices as proof of service.9-3
Sec. 14. NRS 484.801 is hereby amended to read as follows: 484.801 Except for felonies and those offenses set forth in paragraphs9-5
(a) to (d), inclusive, of subsection 1 of NRS 484.791, a peace officer at the9-6
scene of a traffic accident may issue a9-7
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 personal9-9
investigation, the peace officer has reasonable and probable grounds to9-10
believe that the person has committed any offense9-11
provisions of this chapter or of chapter 482, 483, 485, 486 or 706 of NRS9-12
in connection with the accident.9-13
Sec. 15. NRS 484.803 is hereby amended to read as follows: 484.803 1. Whenever any person is taken before a magistrate or is9-15
given a9-16
magistrate as provided for in NRS 484.799, the magistrate must be a9-17
justice of the peace or municipal judge who has jurisdiction of the offense9-18
and is nearest or most accessible with reference to the place where the9-19
alleged violation occurred, except that when the offense is alleged to have9-20
been committed within an incorporated municipality wherein there is an9-21
established court having jurisdiction of the offense, the person must be9-22
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 the9-25
law of this state as committing magistrates and courts and those having9-26
jurisdiction of the trials of such offenses.9-27
Sec. 16. NRS 484.805 is hereby amended to read as follows: 484.805 Whenever any person is taken into custody by a peace officer9-29
for the purpose of taking him before a magistrate or court as authorized or9-30
required in this chapter upon any charge other than a felony or the offenses9-31
enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of NRS9-32
484.791, and no magistrate is available at the time of arrest, and there is no9-33
bail schedule established by the magistrate or court and no lawfully9-34
designated court clerk or other public officer who is available and9-35
authorized to accept bail upon behalf of the magistrate or court, the person9-36
must be released from custody upon the issuance to him of a9-37
misdemeanor citation or traffic citation and his signing a promise to9-38
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: 484.807 1. It is unlawful for any person to violate his written9-41
promise to appear given to a peace officer upon the issuance of a traffic9-42
citation prepared manually, regardless of the disposition of the charge for9-43
which10-1
2. If a person does not appear in court as provided in a traffic10-2
citation that was issued electronically, the court shall issue a summons10-3
requiring the person to appear before the court. A person who fails to10-4
appear before the court in response to such a summons is guilty of a10-5
misdemeanor.10-6
3. A person may comply with a summons or a written promise to10-7
appear in court10-8
10-9
appear10-10
pursuant to subsection 2.10-11
Sec. 18. NRS 484.810 is hereby amended to read as follows: 484.810 1. A traffic citation for a parking violation may be10-13
prepared manually or electronically.10-14
2. When a traffic citation for a parking violation has been issued10-15
identifying by license number a vehicle registered to a person who has not10-16
signed the citation, a bench warrant may not be issued for that person for10-17
failure to appear before the court unless:10-18
10-19
person by first-class mail within 60 days after the citation is issued; and10-20
10-21
notice or the notice to appear is returned with a report that it cannot be10-22
delivered.10-23
Sec. 19. NRS 484.811 is hereby amended to read as follows: 484.811 1. Every traffic enforcement agency in this state shall10-25
provide in appropriate form traffic citations containing notices to appear10-26
which must10-27
10-28
(a) Issued in books; or10-29
(b) Available through an electronic device used to prepare citations.10-30
2. The chief administrative officer of each traffic enforcement agency10-31
is responsible for the issuance of such books and electronic devices and10-32
shall maintain a record of each book , each electronic device and each10-33
citation contained therein issued to individual members of the traffic10-34
enforcement agency10-35
appointed pursuant to NRS 484.4085. The chief administrative officer10-36
shall require and retain a receipt for every book and electronic device that10-37
is issued.10-38
Sec. 20. NRS 484.813 is hereby amended to read as follows: 484.813 1. Every peace officer upon issuing a traffic citation to an10-40
alleged violator of any provision of the motor vehicle laws of this state or10-41
of any traffic ordinance of any city or town shall10-42
or, if the provisions of subsection 2 are satisfied, file electronically the11-1
original or a copy of the traffic citation with a court having jurisdiction11-2
over the alleged offense or with its traffic violations bureau.11-3
2. A copy of a traffic citation that is prepared electronically and11-4
issued to an alleged violator of any provision of the motor vehicle laws of11-5
this state or of any traffic ordinance of any city or town may be filed11-6
electronically with a court having jurisdiction over the alleged offense or11-7
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; and11-11
(c) Has the ability to physically reproduce the citation upon request.11-12
3. Upon the11-13
citation with a court having jurisdiction over the alleged offense or with its11-14
traffic violations bureau, the traffic citation may be disposed of only by11-15
trial in that court or other official action by a judge of that court, including11-16
forfeiture of the bail, or by the deposit of sufficient bail with, or payment11-17
of a fine to, the traffic violations bureau by the person to whom the traffic11-18
citation has been issued by the peace officer.11-19
11-20
other officer or public employee to dispose of a traffic citation or copies of11-21
it or of the record of the issuance of a traffic citation in a manner other than11-22
as required in this section.11-23
11-24
agency shall require the return to him of a physical copy or electronic11-25
record of every traffic citation issued by an officer under his supervision to11-26
an alleged violator of any traffic law or ordinance and of all physical11-27
copies or electronic records of every traffic citation which has been11-28
spoiled or upon which any entry has been made and not issued to an11-29
alleged violator.11-30
11-31
be maintained a record of every traffic citation issued by officers under his11-32
supervision. The record must be retained for at least 2 years after issuance11-33
of the citation.11-34
7. As used in this section, "officer" includes a volunteer appointed to11-35
a traffic enforcement agency pursuant to NRS 484.4085.11-36
Sec. 21. NRS 484.817 is hereby amended to read as follows: 484.817 If the form of citation11-38
1. Includes information whose truthfulness is attested as required for a11-39
complaint charging commission of the offense alleged in the citation to11-40
have been committed11-41
2. Is prepared electronically,12-1
then the citation when filed with a court of competent jurisdiction shall be12-2
deemed to be a lawful complaint for the purpose of prosecution12-3
pursuant to this chapter.12-4
Sec. 22. NRS 706.235 is hereby amended to read as follows: 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 any12-7
other specific statute or regulation relating to the equipment, lights, brakes,12-8
tires, mechanisms or safety appliances required of such a vehicle, the peace12-9
officer shall, in lieu of arresting the driver, prepare manually or12-10
electronically and issue a12-11
correction, or both. If a notice of correction is issued, it must set forth the12-12
violation with particularity and specify the corrective action which must be12-13
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 an12-16
immediate threat to the life of the driver or any other person upon a public12-17
highway, the peace officer may require that the vehicle be taken to the12-18
nearest garage or other place where the vehicle may be safely repaired. If12-19
the vehicle is transporting wet concrete or other perishable cargo and does12-20
not pose an immediate threat to life, and if the destination of the vehicle is12-21
within a distance of not more than 15 miles, the peace officer shall not12-22
delay the vehicle for more than 15 minutes and shall permit the vehicle to12-23
proceed to its destination and unload its cargo. Upon the arrival of the12-24
vehicle at its destination, the peace officer may order that the vehicle be12-25
taken, after the cargo of the vehicle has been unloaded, to the nearest12-26
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 10,00012-30
pounds or more; and12-31
(2) Is owned or leased by or otherwise used in the regular course of12-32
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; or12-35
(2) A sheriff, peace officer or traffic officer assisting in the12-36
enforcement of the provisions of this chapter.12-37
Sec. 23. The amendatory provisions of this act do not apply to12-38
offenses that were committed before July 1, 1999.12-39
Sec. 24. This act becomes effective on July 1, 1999.~