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 a1-13
citation2-1
violator. If the child gives his written promise to appear in court by signing2-2
the citation, the officer shall deliver a copy of the citation to the child and2-3
shall not take him into physical custody for the violation.2-4
Sec. 3. Chapter 171 of NRS is hereby amended by adding thereto a2-5
new section to read as follows:2-6
1. It is unlawful for a person to violate his written promise to appear2-7
given to a peace officer upon the issuance of a misdemeanor citation2-8
prepared manually or electronically, regardless of the disposition of the2-9
charge for which the citation was originally issued.2-10
2. A person may comply with a written promise to appear in court by2-11
an appearance by counsel.2-12
3. A warrant may issue upon a violation of a written promise to2-13
appear.2-14
Sec. 4. NRS 171.1773 is hereby amended to read as follows: 171.1773 1. Whenever a person is detained by a peace officer for any2-16
violation of a county, city or town ordinance or a state law which is2-17
punishable as a misdemeanor and he is not taken before a magistrate as2-18
required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace2-19
officer may prepare a2-20
electronically in the form of a complaint issuing in the name of "The State2-21
of Nevada" or in the name of the respective county, city or town,2-22
containing a notice to appear in court, the name and address of the person,2-23
the state registration number of his vehicle, if any, the offense charged,2-24
including a brief description of the offense and the NRS or ordinance2-25
citation, the time when and place where the person is required to appear in2-26
court, and such other pertinent information as may be necessary. The2-27
citation must be signed by the peace officer. If the citation is prepared2-28
electronically, the officer shall sign the copy of the citation that is2-29
delivered to the person charged with the violation.2-30
2. The time specified in the notice to appear must be at least 5 days2-31
after the alleged violation unless the person charged with the violation2-32
demands an earlier hearing.2-33
3. The place specified in the notice must be before a magistrate, as2-34
designated in NRS 171.178 and 171.184.2-35
4. The person charged with the violation may give his written promise2-36
to appear in court by signing at least one copy of the2-37
citation prepared by the peace officer, in which event the peace officer shall2-38
deliver a copy of the citation to the person, and thereupon the peace officer2-39
shall not take the person into physical custody for the violation. If the2-40
citation is prepared electronically, the officer shall deliver the signed2-41
copy of the citation to the person and shall indicate on the electronic2-42
record of the citation whether the person charged gave his written2-43
promise to appear. A copy of the citation that is signed by the person3-1
charged3-2
indicates that the person charged gave his written promise to appear3-3
suffices as proof of service.3-4
3-5
3-6
3-7
3-8
Sec. 5. NRS 171.1774 is hereby amended to read as follows: 171.1774 1. In those instances described in NRS 171.1772, the peace3-10
officer summoned after the arrest shall prepare a3-11
citation manually or electronically in the form of a complaint issuing in the3-12
name of "The State of Nevada" or in the name of the respective county, city3-13
or town, and containing:3-14
(a) A notice to appear in court;3-15
(b) The name and address of the person;3-16
(c) The state registration number of his vehicle, if any;3-17
(d) The offense charged, including a brief description of the offense and3-18
the NRS or ordinance citation;3-19
(e) The time when and place where the person is required to appear in3-20
court;3-21
(f) Such other pertinent information as may be necessary; and3-22
(g) The signatures of the private person making the arrest and the peace3-23
officer preparing the citation.3-24
2. The time specified in the notice to appear must be at least 5 days3-25
after the alleged violation unless the person charged with the violation3-26
demands an earlier hearing.3-27
3. The place specified in the notice must be before a magistrate, as3-28
designated in NRS 171.178 and 171.184.3-29
4. The person charged with the violation may give his written promise3-30
to appear in court by signing at least one copy of the3-31
citation prepared by the peace officer, in which event the peace officer shall3-32
deliver a copy of the citation to the person, and thereupon the peace officer3-33
shall not take the person into physical custody for the violation. If the3-34
citation is prepared electronically, the officer shall deliver the signed3-35
copy of the citation to the person and shall indicate on the electronic3-36
record of the citation whether the person charged gave his written3-37
promise to appear. A copy of the citation that is signed by the person3-38
charged3-39
indicates that the person charged gave his written promise to appear3-40
suffices as proof of service.3-41
3-42
4-1
4-2
4-3
Sec. 6. NRS 171.1775 is hereby amended to read as follows: 171.1775 1. Every county, city or town law enforcement agency in4-5
this state shall provide in appropriate form misdemeanor citations4-6
containing notices to appear which must4-7
requirements of NRS 171.177 to 171.1779, inclusive4-8
(a) Issued in books; or4-9
(b) Available through an electronic device used to prepare the4-10
citations.4-11
2. The chief administrative officer of each law enforcement agency is4-12
responsible for the issuance of such books and electronic devices and shall4-13
maintain a record of each book , each electronic device and each citation4-14
contained therein issued to individual members of the law enforcement4-15
agency. The chief administrative officer shall require and retain a receipt4-16
for every book and electronic device that is issued.4-17
Sec. 7. NRS 171.1776 is hereby amended to read as follows: 171.1776 1. Every peace officer upon issuing a misdemeanor4-19
citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged4-20
violator of any provision of a county, city or town ordinance or of a state4-21
law which is punishable as a misdemeanor shall4-22
if the provisions of subsection 2 are satisfied, file electronically the4-23
original or a copy of such misdemeanor citation with a court having4-24
jurisdiction over the alleged offense.4-25
2. A copy of a misdemeanor citation that is prepared electronically4-26
may be filed electronically with a court having jurisdiction over the4-27
alleged offense if the court:4-28
(a) Authorizes such electronic filing;4-29
(b) Has the ability to receive and store the citation electronically; and4-30
(c) Has the ability to physically reproduce the citation upon request.4-31
3. Upon the4-32
misdemeanor citation with a court having jurisdiction over the alleged4-33
offense, such original or copy of such misdemeanor citation may be4-34
disposed of only by trial in such court or other official action by a judge of4-35
such court.4-36
4-37
other officer or public employee to dispose of a misdemeanor citation or4-38
copies thereof or of the record of the issuance of a misdemeanor citation in4-39
a manner other than as required in this section.4-40
4-41
law enforcement agency shall require the return to him of a physical copy4-42
or electronic record of every misdemeanor citation issued by an officer4-43
under his supervision to an alleged misdemeanant and of all physical5-1
copies or electronic records of every misdemeanor citation which has been5-2
spoiled or upon which any entry has been made and not issued to an alleged5-3
misdemeanant.5-4
5-5
be maintained in connection with every misdemeanor citation issued by an5-6
officer under his supervision a record of the disposition of the charge by the5-7
court in which the original or copy of the misdemeanor citation was5-8
5-9
Sec. 8. NRS 171.1778 is hereby amended to read as follows: 171.1778 If the form of citation5-11
1. Includes information whose truthfulness is attested as required for a5-12
complaint charging commission of the offense alleged in the citation to5-13
have been committed5-14
2. Is prepared electronically,5-15
then the citation when filed with a court of competent jurisdiction shall be5-16
deemed to be a lawful complaint for the purpose of prosecution.5-17
Sec. 9. NRS 392.142 is hereby amended to read as follows: 392.142 1. The principal of a school shall report to the appropriate5-19
local law enforcement agency the name of any pupil enrolled in that school5-20
who is a habitual truant.5-21
2. Upon receipt of such a report, if it appears after investigation that5-22
the pupil is a habitual truant, the law enforcement agency shall prepare5-23
manually or electronically a5-24
in the proper juvenile court.5-25
3. A copy of the citation must be delivered to the pupil and to the5-26
parent, guardian or any other person who has control or charge of the pupil5-27
by:5-28
(a) The local law enforcement agency;5-29
(b) A school police officer employed by the board of trustees of the5-30
school district; or5-31
(c) An attendance officer appointed by the board of trustees of the5-32
school district.5-33
4. The citation must be in the form prescribed for misdemeanor5-34
citations in NRS 171.1773.5-35
Sec. 10. NRS 483.465 is hereby amended to read as follows: 483.465 1. If a driver who holds a Nevada driver’s license violates a5-37
written promise to appear pursuant to a citation5-38
manually or electronically for a violation of a traffic law or ordinance5-39
occurring within this state other than one governing standing or parking, the5-40
clerk of the court shall immediately notify the department on a form5-41
approved by the department.6-1
2. Upon receipt of notice from a court in this state of a failure to6-2
appear, the department shall notify the driver by mail that his privilege to6-3
drive is subject to suspension and allow him 30 days after the date of6-4
mailing the notice to:6-5
(a) Appear in court and obtain a dismissal of the citation or complaint as6-6
provided by law;6-7
(b) Appear in court and, if permitted by the court, make an arrangement6-8
acceptable to the court to satisfy a judgment of conviction; or6-9
(c) Make a written request to the department for a hearing.6-10
3. If notified by a court, within 30 days after the notice of a failure to6-11
appear, that a driver has been allowed to make an arrangement for the6-12
satisfaction of a judgment of conviction, the department shall remove the6-13
suspension from the driver’s record. If the driver subsequently defaults on6-14
his arrangement with the court, the court shall notify the department which6-15
shall immediately suspend the driver’s license until the court notifies the6-16
department that the suspension may be removed.6-17
4. The department shall suspend the license of a driver 31 days after it6-18
mails him the notice provided for in subsection 2, unless within that time it6-19
has received a written request for a hearing from the driver or notice from6-20
the court on a form approved by the department that the driver has6-21
appeared or the citation or complaint has been dismissed. A license so6-22
suspended remains suspended until further notice is received from the court6-23
that the driver has appeared or that the case has been otherwise disposed of6-24
as provided by law.6-25
Sec. 11. NRS 484.4085 is hereby amended to read as follows: 484.4085 1. A local law enforcement agency may appoint volunteers6-27
to issue citations , prepared manually or electronically, for the violation of6-28
the provisions of NRS 484.408 or ordinances enacted by a local authority6-29
that govern parking for the handicapped.6-30
2. The local law enforcement agency appointing volunteers shall:6-31
(a) Establish minimum qualifications for the volunteers;6-32
(b) Provide training to the volunteers before authorizing them to issue6-33
citations; and6-34
(c) Provide the volunteers with appropriate equipment, including, but6-35
not limited to, uniforms or other identifying attire and traffic citations6-36
issued in books6-37
citations.6-38
3. A citation issued by a volunteer appointed pursuant to subsection 16-39
has the same force and effect as a citation issued by a peace officer. The6-40
volunteer shall6-41
manner prescribed in6-42
4. For the purposes of this section, a person who volunteers to a local6-43
law enforcement agency to issue citations pursuant to subsection 1 shall be7-1
deemed an employee of a political subdivision of this state for the purposes7-2
of NRS 616A.160 if he has successfully completed the training course for7-3
the issuance of such citations provided by the local law enforcement7-4
agency.7-5
5. Local law enforcement agencies are not liable for the negligent acts7-6
or omissions of a person who volunteers to issue citations pursuant to7-7
subsection 1 unless:7-8
(a) The volunteer made a specific promise or representation to a natural7-9
person who relied upon the promise or representation to his detriment; or7-10
(b) The conduct of the volunteer affirmatively caused the harm.7-11
The provisions of this section are not intended to abrogate the principal of7-12
common law that the duty of governmental entities to provide services is a7-13
duty owed to the public, not to individual persons.7-14
6. An owner of private property on which there are parking spaces7-15
designated for the handicapped, or the owner or operator of a business7-16
establishment located on such property, is not liable for any acts or7-17
omissions resulting from the issuance of a citation by a volunteer pursuant7-18
to this section.7-19
Sec. 12. NRS 484.695 is hereby amended to read as follows: 484.695 1. Peace officers and inspectors of the department, in7-21
pursuance of assigned duty, having reasonable cause to believe that any7-22
vehicle or combination of vehicles is not equipped as required by this7-23
chapter or is in such unsafe condition as to endanger the driver or other7-24
occupant or any person upon a public highway or does not comply with any7-25
standards for tires or brakes adopted pursuant to subsection 4, may require7-26
the driver thereof to stop and submit the vehicle or combination of vehicles7-27
to an inspection of the mechanical condition or equipment thereof and such7-28
tests with reference thereto as may be appropriate.7-29
2. If a vehicle or combination of vehicles is found to be in an unsafe7-30
mechanical condition or is not equipped as required by this chapter or does7-31
not comply with any standards for tires or brakes adopted pursuant to7-32
subsection 4, the peace officer or inspector causing the inspection to be7-33
made may give the owner of the vehicle a7-34
violation and further require the owner of the vehicle to produce in court or7-35
the office of the peace officer or inspector satisfactory evidence that the7-36
vehicle or its equipment has been made to conform with the requirements7-37
of this chapter and regulations adopted7-38
3. The director may establish centers for the inspection of motor7-39
vehicles for safety at the branch offices of the department for the purpose of7-40
inspecting vehicles intended to be registered in the7-41
Inspections at these centers are limited to examination of tires and brakes7-42
on motor vehicles which have a declared gross weight of less than 10,0008-1
pounds and which were manufactured more than 2 years before the date of8-2
inspection.8-3
4. The director shall adopt regulations prescribing the standards for8-4
tires and brakes.8-5
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 any8-7
violation of this chapter punishable as a misdemeanor and is not taken8-8
before a magistrate as required or permitted by NRS 484.793 and 484.795,8-9
the peace officer may prepare a8-10
electronically in the form of a complaint issuing in the name of "The State8-11
of Nevada," containing a notice to appear in court, the name and address of8-12
the person, the state registration number of his vehicle, if any, the number8-13
of his driver’s license, if any, the offense charged, including a brief8-14
description of the offense and the NRS citation, the time and place when8-15
and where the person is required to appear in court, and such other8-16
pertinent information as may be necessary. The citation must be signed by8-17
the peace officer. If the citation is prepared electronically, the officer8-18
shall sign the copy of the citation that is delivered to the person charged8-19
with the violation.8-20
2. The time specified in the notice to appear must be at least 5 days8-21
after the alleged violation unless the person charged with the violation8-22
demands an earlier hearing.8-23
3. The place specified in the notice to appear must be before a8-24
magistrate, as designated in NRS 484.803.8-25
4. The person charged with the violation may give his written promise8-26
to appear in court by signing at least one copy of the8-27
citation prepared by the peace officer, in which event the peace officer shall8-28
deliver a copy of the citation to the person, and thereupon the peace officer8-29
shall not take the person into physical custody for the violation. If the8-30
citation is prepared electronically, the officer shall deliver the signed8-31
copy of the citation to the person and shall indicate on the electronic8-32
record of the citation whether the person charged gave his written8-33
promise to appear. A copy of the citation that is signed by the person8-34
charged8-35
indicates that the person charged gave his written promise to appear8-36
suffices as proof of service.8-37
Sec. 14. NRS 484.801 is hereby amended to read as follows: 484.801 Except for felonies and those offenses set forth in paragraphs8-39
(a) to (d), inclusive, of subsection 1 of NRS 484.791, a peace officer at the8-40
scene of a traffic accident may issue a8-41
in NRS 484.799, or a misdemeanor citation, as provided in NRS 171.1773,8-42
to any person involved in the accident when, based upon personal8-43
investigation, the peace officer has reasonable and probable grounds to9-1
believe that the person has committed any offense9-2
provisions of this chapter or of chapter 482, 483, 485, 486 or 706 of NRS9-3
in connection with the accident.9-4
Sec. 15. NRS 484.803 is hereby amended to read as follows: 484.803 1. Whenever any person is taken before a magistrate or is9-6
given a9-7
magistrate as provided for in NRS 484.799, the magistrate must be a justice9-8
of the peace or municipal judge who has jurisdiction of the offense and is9-9
nearest or most accessible with reference to the place where the alleged9-10
violation occurred, except that when the offense is alleged to have been9-11
committed within an incorporated municipality wherein there is an9-12
established court having jurisdiction of the offense, the person must be9-13
taken without unnecessary delay before that court.9-14
2. For the purpose of this section, the terms "magistrate" and "court"9-15
include magistrates and courts having jurisdiction of offenses under the law9-16
of this state as committing magistrates and courts and those having9-17
jurisdiction of the trials of such offenses.9-18
Sec. 16. NRS 484.805 is hereby amended to read as follows: 484.805 Whenever any person is taken into custody by a peace officer9-20
for the purpose of taking him before a magistrate or court as authorized or9-21
required in this chapter upon any charge other than a felony or the offenses9-22
enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of NRS9-23
484.791, and no magistrate is available at the time of arrest, and there is no9-24
bail schedule established by the magistrate or court and no lawfully9-25
designated court clerk or other public officer who is available and9-26
authorized to accept bail upon behalf of the magistrate or court, the person9-27
must be released from custody upon the issuance to him of a9-28
misdemeanor citation or traffic citation and his signing a promise to appear,9-29
as provided in NRS 171.1773 or 484.799, respectively.9-30
Sec. 17. NRS 484.807 is hereby amended to read as follows: 484.807 1. It is unlawful for any person to violate his written promise9-32
to appear given to a peace officer upon the issuance of a traffic citation9-33
prepared manually, regardless of the disposition of the charge for which9-34
9-35
2. A person may comply with a written promise to appear in court9-36
9-37
3. A warrant may issue upon a violation of a written promise to appear.9-38
Sec. 18. NRS 484.810 is hereby amended to read as follows: 484.810 1. A traffic citation for a parking violation may be9-40
prepared manually or electronically.9-41
2. When a traffic citation for a parking violation has been issued9-42
identifying by license number a vehicle registered to a person who has not10-1
signed the citation, a bench warrant may not be issued for that person for10-2
failure to appear before the court unless:10-3
10-4
person by first-class mail within 60 days after the citation is issued; and10-5
10-6
notice or the notice to appear is returned with a report that it cannot be10-7
delivered.10-8
Sec. 19. NRS 484.811 is hereby amended to read as follows: 484.811 1. Every traffic enforcement agency in this state shall10-10
provide in appropriate form traffic citations containing notices to appear10-11
which must10-12
10-13
(a) Issued in books; or10-14
(b) Available through an electronic device used to prepare citations.10-15
2. The chief administrative officer of each traffic enforcement agency10-16
is responsible for the issuance of such books and electronic devices and10-17
shall maintain a record of each book , each electronic device and each10-18
citation contained therein issued to individual members of the traffic10-19
enforcement agency10-20
appointed pursuant to NRS 484.4085. The chief administrative officer10-21
shall require and retain a receipt for every book and electronic device that10-22
is issued.10-23
Sec. 20. NRS 484.813 is hereby amended to read as follows: 484.813 1. Every peace officer upon issuing a traffic citation to an10-25
alleged violator of any provision of the motor vehicle laws of this state or10-26
of any traffic ordinance of any city or town shall10-27
if the provisions of subsection 2 are satisfied, file electronically the10-28
original or a copy of the traffic citation with a court having jurisdiction10-29
over the alleged offense or with its traffic violations bureau.10-30
2. A copy of a traffic citation that is prepared electronically and10-31
issued to an alleged violator of any provision of the motor vehicle laws of10-32
this state or of any traffic ordinance of any city or town may be filed10-33
electronically with a court having jurisdiction over the alleged offense or10-34
with its traffic violations bureau if the court or traffic violations bureau,10-35
respectively:10-36
(a) Authorizes such electronic filing;10-37
(b) Has the ability to receive and store the citation electronically; and10-38
(c) Has the ability to physically reproduce the citation upon request.10-39
3. Upon the10-40
citation with a court having jurisdiction over the alleged offense or with its10-41
traffic violations bureau, the traffic citation may be disposed of only by trial10-42
in that court or other official action by a judge of that court, including10-43
forfeiture of the bail, or by the deposit of sufficient bail with, or payment of11-1
a fine to, the traffic violations bureau by the person to whom the traffic11-2
citation has been issued by the peace officer.11-3
11-4
other officer or public employee to dispose of a traffic citation or copies of11-5
it or of the record of the issuance of a traffic citation in a manner other than11-6
as required in this section.11-7
11-8
agency shall require the return to him of a physical copy or electronic11-9
record of every traffic citation issued by an officer under his supervision to11-10
an alleged violator of any traffic law or ordinance and of all physical copies11-11
or electronic records of every traffic citation which has been spoiled or11-12
upon which any entry has been made and not issued to an alleged violator.11-13
11-14
be maintained a record of every traffic citation issued by officers under his11-15
supervision. The record must be retained for at least 2 years after issuance11-16
of the citation.11-17
7. As used in this section, "officer" includes a volunteer appointed to11-18
a traffic enforcement agency pursuant to NRS 484.4085.11-19
Sec. 21. NRS 484.817 is hereby amended to read as follows: 484.817 If the form of citation11-21
1. Includes information whose truthfulness is attested as required for a11-22
complaint charging commission of the offense alleged in the citation to11-23
have been committed11-24
2. Is prepared electronically,11-25
then the citation when filed with a court of competent jurisdiction shall be11-26
deemed to be a lawful complaint for the purpose of prosecution11-27
pursuant to this chapter.11-28
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-11-30
duty motor vehicle for a violation of any provision of this chapter or any11-31
other specific statute or regulation relating to the equipment, lights, brakes,11-32
tires, mechanisms or safety appliances required of such a vehicle, the peace11-33
officer shall, in lieu of arresting the driver, prepare manually or11-34
electronically and issue a11-35
or both. If a notice of correction is issued, it must set forth the violation11-36
with particularity and specify the corrective action which must be taken.11-37
2. If at the time of the issuance of a citation or a notice of correction,11-38
the peace officer determines that the vehicle is unsafe and poses an11-39
immediate threat to the life of the driver or any other person upon a public11-40
highway, the peace officer may require that the vehicle be taken to the11-41
nearest garage or other place where the vehicle may be safely repaired. If11-42
the vehicle is transporting wet concrete or other perishable cargo and does11-43
not pose an immediate threat to life, and if the destination of the vehicle is12-1
within a distance of not more than 15 miles, the peace officer shall not12-2
delay the vehicle for more than 15 minutes and shall permit the vehicle to12-3
proceed to its destination and unload its cargo. Upon the arrival of the12-4
vehicle at its destination, the peace officer may order that the vehicle be12-5
taken, after the cargo of the vehicle has been unloaded, to the nearest12-6
garage or other place where the vehicle may be safely repaired.12-7
3. As used in this section:12-8
(a) "Heavy-duty motor vehicle" means a motor vehicle which:12-9
(1) Has a manufacturer’s gross vehicle weight rating of 10,00012-10
pounds or more; and12-11
(2) Is owned or leased by or otherwise used in the regular course of12-12
the business of a common, contract or private motor carrier.12-13
(b) "Peace officer" means:12-14
(1) A peace officer or an inspector of the department; or12-15
(2) A sheriff, peace officer or traffic officer assisting in the12-16
enforcement of the provisions of this chapter.12-17
Sec. 23. The amendatory provisions of this act do not apply to12-18
offenses that were committed before July 1, 1999.12-19
Sec. 24. This act becomes effective on July 1, 1999.~