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).

1-1 Section 1. NRS 171.178 is hereby amended to read as follows:

1-2 171.178 1. Except as otherwise provided in subsections 5 and 6, a

1-16 circumstances leading to the delay; and

2-1 (b) May release the arrested person if he determines that the person was

2-2 not brought before a magistrate without unnecessary delay.

2-3 4. When a person arrested without a warrant is brought before a

2-4 magistrate, a complaint must be filed forthwith.

2-5 5. Except as otherwise provided in NRS 178.484 and 178.487 [,

2-6 where] and section 4 of this act, if the defendant can be admitted to bail

2-7 without appearing personally before a magistrate, he must be so admitted

2-8 with the least possible delay, and required to appear before a magistrate at

2-9 the earliest convenient time thereafter.

2-10 6. A peace officer may immediately release from custody without any

2-11 further proceedings any person he arrests without a warrant if the peace

2-12 officer is satisfied that there are insufficient grounds for issuing a criminal

2-13 complaint against the person arrested. Any record of the arrest of a person

2-14 released pursuant to this subsection must also include a record of the

2-15 release. A person so released shall be deemed not to have been arrested but

2-16 only detained.

2-17 Sec. 2. NRS 171.1845 is hereby amended to read as follows:

2-18 171.1845 1. If a person is brought before a magistrate under the

2-43 other county as ordered is guilty of [a misdemeanor.] failing to appear and

3-1 shall be punished as provided in NRS 199.335. A sentence of

3-2 imprisonment imposed [under] for failing to appear in violation of this

3-3 section must be imposed consecutively to a sentence of imprisonment for

3-4 the offense out of which the warrant arises.

3-5 Sec. 3. Chapter 178 of NRS is hereby amended by adding thereto the

3-6 provisions set forth as sections 4, 5 and 6 of this act.

3-7 Sec. 4. 1. If a peace officer or the court has reasonable cause to

3-8 believe that a person who is in custody is under the influence of

3-9 intoxicating liquor or a controlled substance:

3-10 (a) The person must not be admitted to bail or released without bail

3-11 until there is reasonable cause to believe that the person is no longer

3-12 under the influence of intoxicating liquor or a controlled substance.

3-13 (b) The peace officer or the court may order the person to submit to a

3-14 test of his blood, urine, breath or other bodily substance to determine the

3-15 alcoholic content of his blood or breath or to detect the presence of a

3-16 controlled substance in his body.

3-17 2. If a person who is in custody fails to submit to a test of his blood,

3-18 urine, breath or other bodily substance pursuant to subsection 1, a peace

3-19 officer or the court may direct that reasonable force be used to the extent

3-20 necessary to obtain samples of blood from the person who is in custody.

3-21 Sec. 5. The court or a sheriff or chief of police shall not release a

3-22 person in custody without bail pursuant to NRS 178.4851 if:

3-23 1. The person was taken into custody while admitted to bail or on

3-24 release without bail in connection with a criminal proceeding pending

3-25 against the person in this state or any other jurisdiction;

3-26 2. Within the 5 years immediately preceding the date on which the

3-27 person was taken into custody, the person failed to appear in any

3-28 criminal proceeding pending against the person in this state or any other

3-29 jurisdiction;

3-30 3. Within the 5 years immediately preceding the date on which the

3-31 person was taken into custody, the person was convicted in this state or

3-32 any other jurisdiction of an offense that:

3-33 (a) Was punishable as a felony; and

3-34 (b) Involved the use or threatened use of force or violence against the

3-35 victim or the use or threatened use of a firearm or a deadly weapon; or

3-36 4. Within the 2 years immediately preceding the date on which the

3-37 person was taken into custody, the person was convicted in this state or

3-38 any other jurisdiction of an offense that:

3-39 (a) Was punishable as a gross misdemeanor pursuant to the laws of

3-40 this state or by imprisonment for more than 6 months but not more than

3-41 1 year pursuant to the laws of any other jurisdiction; and

3-42 (b) Involved the use or threatened use of force or violence against the

3-43 victim or the use or threatened use of a firearm or a deadly weapon.

4-1 Sec. 6. 1. If the defendant is admitted to bail on a surety bond and

4-2 an officer of the law enforcement agency from whose custody the

4-3 defendant was admitted to bail, the district attorney of the county where

4-4 the defendant was admitted to bail or the court in which the original

4-5 charge against the defendant is pending is notified or otherwise acquires

4-6 knowledge that the defendant, while admitted to bail, has been taken into

4-7 custody within another jurisdiction:

4-8 (a) The officer, district attorney or court shall immediately:

4-9 (1) Give notice of the location of the defendant to the local agent of

4-10 the surety by telephone and, if available, by facsimile; and

4-11 (2) Make a request to the appropriate official in the other

4-12 jurisdiction to place a hold on the release of the defendant for not fewer

4-13 than 72 hours after notice is given to the local agent of the surety, with

4-14 instructions to release the defendant to the custody of any agent of the

4-15 surety who appears in the jurisdiction during that period and who is

4-16 authorized to arrest the defendant pursuant to the laws of that

4-17 jurisdiction.

4-18 (b) The court shall set aside any forfeiture and exonerate the surety if:

4-19 (1) Timely notice of the location of the defendant is not given to the

4-20 local agent of the surety as required by subparagraph (1) of paragraph

4-21 (a);

4-22 (2) A timely request to place a hold on the release of the defendant

4-23 is not made to the appropriate official in the other jurisdiction as

4-24 required by subparagraph (2) of paragraph (a);

4-25 (3) After timely notice of the location of the defendant is given to

4-26 the local agent of the surety and a timely request to place a hold on the

4-27 release of the defendant is made to the appropriate official in the other

4-28 jurisdiction an agent of the surety is unable to arrest the defendant in the

4-29 other jurisdiction during the period of the hold because:

4-30 (I) The arrest would be unlawful in the other jurisdiction; or

4-31 (II) Other circumstances beyond the control of the agent of the

4-32 surety prevent the arrest; or

4-33 (4) The district attorney does not seek extradition or rendition of the

4-34 defendant from the appropriate official in the other jurisdiction in a

4-35 timely manner.

4-36 2. As used in this section, "another jurisdiction" and "other

4-37 jurisdiction" mean a jurisdiction that is not within the jurisdiction of the

4-38 court in which the original charge against the defendant is pending,

4-39 whether or not such other jurisdiction is located within or outside of this

4-40 state.

5-1 Sec. 7. NRS 178.484 is hereby amended to read as follows:

5-2 178.484 1. Except as otherwise provided in this section [,] and

5-43 has been arrested resulted in substantial bodily harm; or

6-1 (c) Fifteen thousand dollars, if the person has:

6-2 (1) One previous conviction of battery upon a person listed in this

6-3 subsection and there is reason to believe that the battery for which he has

6-4 been arrested resulted in substantial bodily harm; or

6-5 (2) Two or more previous convictions of battery upon one or more

6-6 persons listed in this subsection.

6-7 The provisions of this subsection do not affect the authority of a magistrate

6-8 or a court to set the amount of bail when the person personally appears

6-9 before the magistrate or the court.

6-10 6. The court may, before releasing a person arrested for an offense

6-11 punishable as a felony, require the surrender to the court of any passport the

6-12 person possesses.

6-13 7. Before releasing a person arrested for any crime, the court may

6-14 impose such reasonable conditions on the person as it deems necessary to

6-15 protect the health, safety and welfare of the community and to ensure that

6-16 the person will appear at all times and places ordered by the court,

6-17 including, without limitation:

6-18 (a) Requiring the person to remain in this state or a certain county within

6-19 this state;

6-20 (b) Prohibiting the person from contacting or attempting to contact a

6-21 specific person or from causing or attempting to cause another person to

6-22 contact that person on his behalf;

6-23 (c) Prohibiting the person from entering a certain geographic area; or

6-24 (d) Prohibiting the person from engaging in specific conduct that may be

6-25 harmful to his own health, safety or welfare, or the health, safety or welfare

6-26 of another person.

6-27 In determining whether a condition is reasonable, the court shall consider

6-28 the factors listed in NRS 178.4853.

6-29 8. If a person fails to comply with a condition imposed pursuant to

6-30 subsection 7, the court may, after providing the person with reasonable

6-31 notice and an opportunity for a hearing:

6-32 (a) Deem such conduct a contempt pursuant to NRS 22.010; or

6-33 (b) Increase the amount of bail pursuant to NRS 178.499.

6-34 9. An order issued pursuant to this section that imposes a condition on

6-35 a person admitted to bail must include a provision ordering any law

6-36 enforcement officer to arrest the person if he has probable cause to believe

6-37 that the person has violated a condition of his bail.

6-38 10. Before a person may be admitted to bail, he must sign a document

6-39 stating that:

6-40 (a) He will appear at all times and places as ordered by the court

6-41 releasing him and as ordered by any court before which the charge is

6-42 subsequently heard;

7-1 (b) He will comply with the other conditions which have been imposed

7-2 by the court and are stated in the document; and

7-3 (c) If he fails to appear when so ordered and is taken into custody

7-4 outside of this state, he waives all his rights relating to extradition

7-5 proceedings.

7-6 The signed document must be filed with the clerk of the court of competent

7-7 jurisdiction as soon as practicable, but in no event later than the next

7-8 business day.

7-9 11. If a person admitted to bail fails to appear as ordered by a court

7-10 and the jurisdiction incurs any cost in returning the person to the

7-11 jurisdiction to stand trial, the person who failed to appear is responsible for

7-12 paying those costs as restitution.

7-13 Sec. 8. NRS 178.4851 is hereby amended to read as follows:

7-14 178.4851 1. [Upon a showing of good cause,] Except as otherwise

7-43 and welfare of the community or his appearance.

8-1 5. If a jurisdiction incurs any costs in returning a person to the

8-2 jurisdiction to stand trial, the person failing to appear is responsible for

8-3 paying those costs as restitution.

8-4 6. An order issued pursuant to this section that imposes a condition on

8-5 a person who is released without bail must include a provision ordering a

8-6 law enforcement officer to arrest the person if he has probable cause to

8-7 believe that the person has violated a condition of his release.

8-8 Sec. 9. NRS 178.506 is hereby amended to read as follows:

8-9 178.506 If there is a breach of condition of a bond, the court shall

8-11 and 178.509 [.] and section 6 of this act.

8-12 Sec. 10. NRS 178.508 is hereby amended to read as follows:

8-13 178.508 1. If the defendant fails to appear when his presence in court

9-1 (1) Is ill;

9-2 (2) Is insane;

9-3 (3) Is receiving medical or psychological treatment or treatment for

9-4 substance abuse as an inpatient at a facility approved or licensed to

9-5 provide such treatment by the jurisdiction in which the facility is located;

9-6 or

9-7 (4) Is being detained by civil or military authorities,

9-8 and the court, upon hearing the matter, determines that one or more of

9-9 the grounds described in this paragraph exist and that the surety did not

9-10 in any way cause or aid the absence of the defendant.

9-11 Sec. 11. NRS 178.509 is hereby amended to read as follows:

9-12 178.509 [1. The] If the defendant fails to appear when his presence

9-43 (5) Is being detained by civil or military authorities [,] ; or

10-1 (6) Has been deported,

10-2 and the court, upon hearing the matter, determines that one or more of the

10-3 grounds described in this paragraph exist and that the surety did not in any

10-4 way cause or aid the absence of the defendant.

10-5 [2. If the requirements of subsection 1 are met, the court may exonerate

10-6 the surety upon such terms as may be just.

10-7 3. The court shall not exclude any period of time from the running of

10-8 the 180 days following mailing of the notice of intent to forfeit unless the

10-9 defendant or the surety submits an application for the exclusion of time

10-10 from that 180-day period on the ground that the defendant is temporarily

10-11 prevented from appearing before the court because:

10-12 (a) He is ill;

10-13 (b) He is insane; or

10-14 (c) He is being detained by civil or military authorities,

10-15 and the court, upon hearing the matter, determines that one or more of the

10-16 grounds described in this subsection exist and that the surety did not in any

10-17 way cause or aid the absence of the defendant. If the requirements of this

10-18 subsection are met, the court may exclude from the 180-day period such

10-19 time as it determines to be necessary and just. The court may include, as

10-20 part of the total time excluded from the running of the 180 days, a

10-21 reasonable period for the defendant’s return to the court upon termination

10-22 of the temporary disability if it determines that the additional period is

10-23 necessary.]

10-24 Sec. 12. NRS 178.512 is hereby amended to read as follows:

10-25 178.512 The court shall not set aside a forfeiture unless:

11-1 (e) Was unable to appear before the court before the date of the

11-2 forfeiture because he was being detained by civil or military authorities, but

11-3 the surety did not know and could not reasonably have known of his

11-4 detention before that date [,] ; or

11-5 (f) Was unable to appear before the court before the date of the

11-6 forfeiture because he was deported, but the surety did not know and

11-7 could not reasonably have known of his deportation before that date,

11-8 and the court, upon hearing the matter, determines that one or more of the

11-9 grounds described in this subsection exist and that the surety did not in any

11-10 way cause or aid the absence of the defendant; and

11-11 2. The court determines that justice does not require the enforcement of

11-12 the forfeiture.

11-13 Sec. 13. NRS 178.516 is hereby amended to read as follows:

11-14 178.516 After entry of such judgment, the court shall not remit it in

11-18 178.518 Money collected pursuant to NRS 178.506 to 178.516,

11-24 compensation of victims of crime.

11-25 Sec. 15. NRS 178.522 is hereby amended to read as follows:

11-26 178.522 1. [When the condition of the bond has been satisfied or the

12-1 3. If the court has not exonerated the surety or other obligor

12-2 pursuant to subsection 1 or 2 and the bail has not otherwise been

12-3 forfeited, the court shall exonerate the [obligors] surety or other obligor

12-4 and release any bail :

12-5 (a) At the time that a judgment is entered; or

12-6 (b) Upon the written consent of the surety or other obligor, at the time

12-7 of sentencing the defendant, [if the court has not previously done so] unless

12-8 the money deposited by the defendant as bail must be applied to satisfy a

12-9 judgment pursuant to NRS 178.528.

12-10 [2. A surety may be exonerated by a deposit of cash in the amount of

12-11 the bond or by a timely surrender of the defendant into custody.]

12-12 Sec. 16. NRS 178.526 is hereby amended to read as follows:

12-13 178.526 1. For the purpose of surrendering a defendant, a surety, at

12-20 state or any of its political subdivisions.

12-21 Sec. 17. NRS 199.335 is hereby amended to read as follows:

12-22 199.335 [A person who is]

13-1 (1) A gross misdemeanor; or

13-2 (2) If the person left this state with the intent to avoid prosecution, a

13-3 category D felony and shall be punished as provided in NRS 193.130.

13-4 (c) One or more misdemeanors but no felonies or gross

13-5 misdemeanors, the person is guilty of:

13-6 (1) A misdemeanor; or

13-7 (2) If the person left this state with the intent to avoid prosecution, a

13-8 category D felony and shall be punished as provided in NRS 193.130.

13-9 Sec. 18. The amendatory provisions of this act do not apply to:

13-10 1. A defendant who is admitted to bail before October 1, 1999;

13-11 2. A surety who provides the bail bond or undertaking for a defendant

13-12 who is admitted to bail before October 1, 1999; or

13-13 3. A depositor who provides money instead of a bail bond for a

13-14 defendant who is admitted to bail before October 1, 1999.