Amendment No. 664

Senate Amendment to Senate Bill No. 273 First Reprint (BDR 14-527)

Proposed by: Senator Washington

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sec. 2, renumbering sections 3 through 6 as sections 6 through 9 and adding new sections designated sections 2 through 5, following section 1, to read as follows:

"Sec. 2. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

If a defendant, while admitted to bail on a surety bond:

1. Is taken into custody in the same jurisdiction in which he was admitted to bail based upon any other offense, other than a minor traffic offense; and

2. Is released from custody without bail after being charged with any other offense, other than a minor traffic offense,

the court shall exonerate the surety, unless the surety bond had been forfeited before the date on which the defendant was taken into custody.

Sec. 3. NRS 178.506 is hereby amended to read as follows:

178.506 If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail, subject to the provisions of NRS 178.508 and 178.509 [.] and section 2 of this act.

Sec. 4. NRS 178.508 is hereby amended to read as follows:

178.508 1. If the defendant fails to appear when his presence in court is lawfully required , [and not excused,] the court shall [direct the fact of such failure to appear to be entered] :

(a) Enter upon its minutes [.] that the defendant failed to appear;

(b) Not later than 30 days after the date on which the defendant failed to appear, issue a warrant for the arrest of the defendant; and

(c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, [the court shall] direct that [the sureties] each surety and the local agent of each surety, or the depositor if he is not the defendant, be given notice that the defendant has failed to appear, by certified mail within [15] 20 days after the [failure] date on which the defendant failed to appear . [, and] The court shall execute an affidavit of such mailing to be kept as an official public record of the court [. The] and shall direct that a copy of the notice be transmitted to the district attorney at the same time that notice is given to each surety or the depositor.

2. Except as otherwise provided in subsection 3, NRS 178.509 and section 2 of this act, the undertaking or money deposited instead of bail bond is forfeited [upon the expiration of] 180 days after the date on which the notice is mailed [, except as otherwise provided in NRS 178.509. A copy of the notice must be transmitted to the district attorney at the time notice is given to the sureties or the depositor.] pursuant to subsection 1.

3. The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:

(a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.

(b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:

(1) Is ill;

(2) Is insane; or

(3) 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 paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

Sec. 5. NRS 178.509 is hereby amended to read as follows:

178.509 1. [The] Except as otherwise provided in section 2 of this act, if the defendant fails to appear when his presence in court is lawfully required, the court shall not exonerate the surety before the [expiration of 180 days after mailing the notice of intent to forfeit] date of forfeiture prescribed in NRS 178.508 unless:

(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.]".