Senate Bill No. 273–Senator Neal (by request)
March 1, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes to provisions governing bail. (BDR 14-527)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
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. NRS 171.1845 is hereby amended to read as follows: 171.1845 1. If a person is brought before a magistrate under the1-3
provisions of NRS 171.178 or 171.184, and it is discovered that there is a1-4
warrant for his arrest outstanding in another county of this state, the1-5
magistrate may release him in accordance with the provisions of NRS1-6
178.484 or 178.4851 if:1-7
(a) The warrant arises out of a public offense which constitutes a1-8
misdemeanor; and1-9
(b) The person provides a suitable address where the magistrate who1-10
issued the warrant in the other county can notify him of a time and place to1-11
appear.1-12
2. If a person is released under the provisions of this section, the1-13
magistrate who releases him shall transmit the cash, bond, notes or1-14
agreement submitted under the provisions of NRS 178.502 or 178.4851,1-15
together with his address, to the magistrate who issued the warrant. Upon1-16
receipt of the cash, bonds, notes or agreement and address, the magistrate1-17
who issued the warrant shall notify the person of a time and place to1-18
appear.2-1
3. Any bail set under the provisions of this section must be in addition2-2
to and apart from any bail set for any public offense with which a person is2-3
charged in the county in which a magistrate is setting bail. In setting bail2-4
under the provisions of this section, a magistrate shall set the bail in an2-5
amount which is sufficient to induce a reasonable person to travel to the2-6
county in which the warrant for the arrest is outstanding.2-7
4.2-8
2-9
other county as ordered is guilty of2-10
shall be punished as provided in NRS 199.335. A sentence of2-11
imprisonment imposed2-12
section must be imposed consecutively to a sentence of imprisonment for2-13
the offense out of which the warrant arises.2-14
Sec. 2. NRS 178.509 is hereby amended to read as follows: 178.509 1. The court shall not exonerate the surety before the2-16
expiration of 180 days after mailing the notice of intent to forfeit unless:2-17
(a) The defendant appears before the court and the court, upon hearing2-18
the matter, determines that the defendant has presented a satisfactory2-19
excuse or that the surety did not in any way cause or aid the absence of the2-20
defendant; or2-21
(b) The surety submits an application for exoneration on the ground that2-22
the defendant is unable to appear because2-23
2-24
(1) Is dead;2-25
(2)2-26
(3)2-27
2-28
(4) Is being detained by civil or military authorities2-29
(5) Has been deported,2-30
and the court, upon hearing the matter, determines that one or more of the2-31
grounds described in this paragraph exist and that the surety did not in any2-32
way cause or aid the absence of the defendant.2-33
2. If the requirements of subsection 1 are met, the court may exonerate2-34
the surety upon such terms as may be just.2-35
3. The court shall not exclude any period of time from the running of2-36
the 180 days following mailing of the notice of intent to forfeit unless the2-37
defendant or the surety submits an application for the exclusion of time2-38
from that 180-day period on the ground that the defendant is temporarily2-39
prevented from appearing before the court because:2-40
(a) He is ill;2-41
(b) He is insane; or2-42
(c) He is being detained by civil or military authorities,3-1
and the court, upon hearing the matter, determines that one or more of the3-2
grounds described in this subsection exist and that the surety did not in any3-3
way cause or aid the absence of the defendant. If the requirements of this3-4
subsection are met, the court may exclude from the 180-day period such3-5
time as it determines to be necessary and just. The court may include, as3-6
part of the total time excluded from the running of the 180 days, a3-7
reasonable period for the defendant’s return to the court upon termination3-8
of the temporary disability if it determines that the additional period is3-9
necessary.3-10
Sec. 3. NRS 178.512 is hereby amended to read as follows: 178.512 The court shall not set aside a forfeiture unless:3-12
1. The surety submits an application to set it aside on the ground that3-13
the defendant:3-14
(a) Has appeared before the court since the date of the forfeiture and has3-15
presented a satisfactory excuse for his absence;3-16
(b) Was dead before the date of the forfeiture but the surety did not3-17
know and could not reasonably have known of his death before that date;3-18
(c) Was unable to appear before the court before the date of the3-19
forfeiture because of his illness or his insanity, but the surety did not know3-20
and could not reasonably have known of his illness or insanity before that3-21
date;3-22
(d) Was unable to appear before the court before the date of the3-23
forfeiture because he was being detained by civil or military authorities, but3-24
the surety did not know and could not reasonably have known of his3-25
detention before that date3-26
(e) Was unable to appear before the court before the date of the3-27
forfeiture because he was deported, but the surety did not know and3-28
could not reasonably have known of his deportation before that3-30
and the court, upon hearing the matter, determines that one or more of the3-31
grounds described in this subsection exist and that the surety did not in any3-32
way cause or aid the absence of the defendant; and3-33
2. The court determines that justice does not require the enforcement of3-34
the forfeiture.3-35
Sec. 4. NRS 178.526 is hereby amended to read as follows: 178.526 1. For the purpose of surrendering a defendant, a surety, at3-37
any time before3-38
within3-39
(a) Written authorization for the arrest of the defendant attached to a3-40
copy of the undertaking; or3-41
(b) A written authority endorsed on a certified copy of the4-1
cause the defendant to be arrested by a bail agent or bail enforcement agent4-2
who is licensed pursuant to chapter 697 of NRS.4-3
2. A bail agent or bail enforcement agent who arrests a defendant in4-4
this state or any other jurisdiction is not acting for or on behalf of this4-5
state or any of its political subdivisions.4-6
Sec. 5. NRS 199.335 is hereby amended to read as follows: 199.3354-8
1. If a person:4-9
(a) Is admitted to bail, whether provided by deposit4-10
4-11
(b) Is not recommitted to custody4-12
(c) Fails to appear at the time and place required by the order admitting4-13
him to bail or releasing him without bail, or any modification thereof,4-14
the person is guilty of failing to appear and shall be punished pursuant to4-15
the provisions of this section, unless4-16
4-17
4-18
4-19
2. If a person who fails to appear in violation of subsection 1 was4-20
admitted to bail or released without bail incident to prosecution for:4-21
(a) One or more felonies, the person is guilty of a category D felony4-22
and shall be punished as provided in NRS 193.130.4-23
4-24
4-25
(b) One or more gross misdemeanors but no felonies, the person is4-26
guilty of:4-27
(1) A gross misdemeanor; or4-28
(2) If the person left this state with the intent to avoid prosecution, a4-29
category D felony and shall be punished as provided in NRS 193.130.4-30
(c) One or more misdemeanors but no felonies or gross4-31
misdemeanors, the person is guilty of:4-32
(1) A misdemeanor; or4-33
(2) If the person left this state with the intent to avoid prosecution, a4-34
category D felony and shall be punished as provided in NRS 193.130.4-35
Sec. 6. The amendatory provisions of this act do not apply to:4-36
1. A defendant who is admitted to bail before October 1, 1999;4-37
2. A surety who provides the bail bond or undertaking for a defendant4-38
who is admitted to bail before October 1, 1999; or4-39
3. A depositor who provides money instead of a bail bond for a4-40
defendant who is admitted to bail before October 1, 1999.~