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 [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).

 

AN ACT relating to criminal procedure; revising the provisions governing the forfeiture of bail and the exoneration of a surety; revising various other provisions governing bail; increasing the penalties for a defendant who fails to appear; and providing other matters properly relating thereto.

 

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:

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

1-3 provisions of NRS 171.178 or 171.184, and it is discovered that there is a

1-4 warrant for his arrest outstanding in another county of this state, the

1-5 magistrate may release him in accordance with the provisions of NRS

1-6 178.484 or 178.4851 if:

1-7 (a) The warrant arises out of a public offense which constitutes a

1-8 misdemeanor; and

1-9 (b) The person provides a suitable address where the magistrate who

1-10 issued the warrant in the other county can notify him of a time and place to

1-11 appear.

1-12 2. If a person is released under the provisions of this section, the

1-13 magistrate who releases him shall transmit the cash, bond, notes or

1-14 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. Upon

1-16 receipt of the cash, bonds, notes or agreement and address, the magistrate

1-17 who issued the warrant shall notify the person of a time and place to

1-18 appear.

2-1 3. Any bail set under the provisions of this section must be in addition

2-2 to and apart from any bail set for any public offense with which a person is

2-3 charged in the county in which a magistrate is setting bail. In setting bail

2-4 under the provisions of this section, a magistrate shall set the bail in an

2-5 amount which is sufficient to induce a reasonable person to travel to the

2-6 county in which the warrant for the arrest is outstanding.

2-7 4. [If the public offense out of which the warrant arises is punishable

2-8 by imprisonment in the county jail, a] A person who fails to appear in the

2-9 other county as ordered is guilty of [a misdemeanor.] failing to appear and

2-10 shall be punished as provided in NRS 199.335. A sentence of

2-11 imprisonment imposed [under] for failing to appear in violation of this

2-12 section must be imposed consecutively to a sentence of imprisonment for

2-13 the offense out of which the warrant arises.

2-14 Sec. 2. NRS 178.509 is hereby amended to read as follows:

2-15 178.509 1. The court shall not exonerate the surety before the

2-16 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 hearing

2-18 the matter, determines that the defendant has presented a satisfactory

2-19 excuse or that the surety did not in any way cause or aid the absence of the

2-20 defendant; or

2-21 (b) The surety submits an application for exoneration on the ground that

2-22 the defendant is unable to appear because [:

2-23 (1) He is] the defendant:

2-24 (1) Is dead;

2-25 (2) [He is] Is ill;

2-26 (3) [He is insane; or

2-27 (4) He is] Is insane;

2-28 (4) Is being detained by civil or military authorities [,] ; or

2-29 (5) Has been deported,

2-30 and the court, upon hearing the matter, determines that one or more of the

2-31 grounds described in this paragraph exist and that the surety did not in any

2-32 way cause or aid the absence of the defendant.

2-33 2. If the requirements of subsection 1 are met, the court may exonerate

2-34 the surety upon such terms as may be just.

2-35 3. The court shall not exclude any period of time from the running of

2-36 the 180 days following mailing of the notice of intent to forfeit unless the

2-37 defendant or the surety submits an application for the exclusion of time

2-38 from that 180-day period on the ground that the defendant is temporarily

2-39 prevented from appearing before the court because:

2-40 (a) He is ill;

2-41 (b) He is insane; or

2-42 (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 the

3-2 grounds described in this subsection exist and that the surety did not in any

3-3 way cause or aid the absence of the defendant. If the requirements of this

3-4 subsection are met, the court may exclude from the 180-day period such

3-5 time as it determines to be necessary and just. The court may include, as

3-6 part of the total time excluded from the running of the 180 days, a

3-7 reasonable period for the defendant’s return to the court upon termination

3-8 of the temporary disability if it determines that the additional period is

3-9 necessary.

3-10 Sec. 3. NRS 178.512 is hereby amended to read as follows:

3-11 178.512 The court shall not set aside a forfeiture unless:

3-12 1. The surety submits an application to set it aside on the ground that

3-13 the defendant:

3-14 (a) Has appeared before the court since the date of the forfeiture and has

3-15 presented a satisfactory excuse for his absence;

3-16 (b) Was dead before the date of the forfeiture but the surety did not

3-17 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 the

3-19 forfeiture because of his illness or his insanity, but the surety did not know

3-20 and could not reasonably have known of his illness or insanity before that

3-21 date; [or]

3-22 (d) Was unable to appear before the court before the date of the

3-23 forfeiture because he was being detained by civil or military authorities, but

3-24 the surety did not know and could not reasonably have known of his

3-25 detention before that date [,] ; or

3-26 (e) Was unable to appear before the court before the date of the

3-27 forfeiture because he was deported, but the surety did not know and

3-28 could not reasonably have known of his deportation before that
3-29 date,

3-30 and the court, upon hearing the matter, determines that one or more of the

3-31 grounds described in this subsection exist and that the surety did not in any

3-32 way cause or aid the absence of the defendant; and

3-33 2. The court determines that justice does not require the enforcement of

3-34 the forfeiture.

3-35 Sec. 4. NRS 178.526 is hereby amended to read as follows:

3-36 178.526 1. For the purpose of surrendering a defendant, a surety, at

3-37 any time before [he] the defendant is finally discharged, and at any place

3-38 within [the] this state, may, by [a] :

3-39 (a) Written authorization for the arrest of the defendant attached to a

3-40 copy of the undertaking; or

3-41 (b) A written authority endorsed on a certified copy of the
3-42 undertaking,

4-1 cause the defendant to be arrested by a bail agent or bail enforcement agent

4-2 who is licensed pursuant to chapter 697 of NRS.

4-3 2. A bail agent or bail enforcement agent who arrests a defendant in

4-4 this state or any other jurisdiction is not acting for or on behalf of this

4-5 state or any of its political subdivisions.

4-6 Sec. 5. NRS 199.335 is hereby amended to read as follows:

4-7 199.335 [A person who is]

4-8 1. If a person:

4-9 (a) Is admitted to bail, whether provided by deposit [,] or surety , or

4-10 [upon his own recognizance, and who is] released without bail;

4-11 (b) Is not recommitted to custody [who fails] ; and

4-12 (c) Fails to appear at the time and place required by the order admitting

4-13 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 to

4-15 the provisions of this section, unless [he] the person surrenders himself

4-16 [within] not later than 30 days [or is excused by the court, shall be

4-17 punished:

4-18 1. For] after the date on which the person was required to appear.

4-19 2. If a person who fails to appear in violation of subsection 1 was

4-20 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 felony

4-22 and shall be punished as provided in NRS 193.130.

4-23 [2. For a misdemeanor, if admitted incident to prosecution for a

4-24 misdemeanor or gross misdemeanor.]

4-25 (b) One or more gross misdemeanors but no felonies, the person is

4-26 guilty of:

4-27 (1) A gross misdemeanor; or

4-28 (2) If the person left this state with the intent to avoid prosecution, a

4-29 category D felony and shall be punished as provided in NRS 193.130.

4-30 (c) One or more misdemeanors but no felonies or gross

4-31 misdemeanors, the person is guilty of:

4-32 (1) A misdemeanor; or

4-33 (2) If the person left this state with the intent to avoid prosecution, a

4-34 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 defendant

4-38 who is admitted to bail before October 1, 1999; or

4-39 3. A depositor who provides money instead of a bail bond for a

4-40 defendant who is admitted to bail before October 1, 1999.

~