Senate Amendment to Senate Bill No. 273 (BDR 14-527)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend the bill as a whole by deleting sections 3 through 16, renumbering sections 17 and 18 as sections 5 and 6, and adding new sections designated sections 2 through 4, following sec. 2, to read as follows:
"Sec. 2. NRS 178.509 is hereby amended to read as follows:
(a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or
(b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because
(1) He is] the defendant:
(1) Is dead;
(2) [He is] Is ill;
(3) [He is insane; or
(4) He is] Is insane;
(4) Is being detained by civil or military authorities [,] ; or
(5) Has been deported,
and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.
2. If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.
3. The court shall not exclude any period of time from the running of the 180 days following mailing of the notice of intent to forfeit unless the defendant or the surety submits an application for the exclusion of time from that 180-day period on the ground that the defendant is temporarily prevented from appearing before the court because:
(a) He is ill;
(b) He is insane; or
(c) He is being detained by civil or military authorities,
and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant. If the requirements of this subsection are met, the court may exclude from the 180-day period such time as it determines to be necessary and just. The court may include, as part of the total time excluded from the running of the 180 days, a reasonable period for the defendant’s return to the court upon termination of the temporary disability if it determines that the additional period is necessary.
Sec. 3. NRS 178.512 is hereby amended to read as follows:
178.512 The court shall not set aside a forfeiture unless:
1. The surety submits an application to set it aside on the ground that the defendant:
(a) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for his absence;
(b) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;
(c) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date;
(d) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date
(e) Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,
and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and
2. The court determines that justice does not require the enforcement of the forfeiture.
Sec. 4. NRS 178.526 is hereby amended to read as follows:
1. For the purpose of surrendering a defendant, a surety, at any time before(a) Written authorization for the arrest of the defendant attached to a copy of the undertaking; or
(b) A
written authority endorsed on a certified copy of the undertaking,cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
2. A bail agent or bail enforcement agent who arrests a defendant in this state or any other jurisdiction is not acting for or on behalf of this state or any of its political subdivisions.
".Amend the title of the bill to read as follows: