Senate Bill No. 273–Senator Neal (by request)

March 1, 1999

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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.

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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. Chapter 178 of NRS is hereby amended by adding thereto a

2-15 new section to read as follows:

2-16 If a defendant, while admitted to bail on a surety bond:

2-17 1. Is taken into custody in the same jurisdiction in which he was

2-18 admitted to bail based upon any other offense, other than a minor traffic

2-19 offense; and

2-20 2. Is released from custody without bail after being charged with any

2-21 other offense, other than a minor traffic offense,

2-22 the court shall exonerate the surety, unless the surety bond had been

2-23 forfeited before the date on which the defendant was taken into custody.

2-24 Sec. 3. NRS 178.506 is hereby amended to read as follows:

2-25 178.506 If there is a breach of condition of a bond, the court shall

2-26 declare a forfeiture of the bail, subject to the provisions of NRS 178.508

2-27 and 178.509 [.] and section 2 of this act.

2-28 Sec. 4. NRS 178.508 is hereby amended to read as follows:

2-29 178.508 1. If the defendant fails to appear when his presence in court

2-30 is lawfully required , [and not excused,] the court shall [direct the fact of

2-31 such failure to appear to be entered] :

2-32 (a) Enter upon its minutes [.] that the defendant failed to appear;

2-33 (b) Not later than 30 days after the date on which the defendant failed

2-34 to appear, issue a warrant for the arrest of the defendant; and

2-35 (c) If the undertaking exceeds $50 or money deposited instead of bail

2-36 bond exceeds $500, [the court shall] direct that [the sureties] each surety

2-37 and the local agent of each surety, or the depositor if he is not the

2-38 defendant, be given notice that the defendant has failed to appear, by

2-39 certified mail within [15] 20 days after the [failure] date on which the

2-40 defendant failed to appear . [, and] The court shall execute an affidavit of

2-41 such mailing to be kept as an official public record of the court [. The] and

2-42 shall direct that a copy of the notice be transmitted to the district attorney

2-43 at the same time that notice is given to each surety or the depositor.

3-1 2. Except as otherwise provided in subsection 3, NRS 178.509 and

3-2 section 2 of this act, the undertaking or money deposited instead of bail

3-3 bond is forfeited [upon the expiration of] 180 days after the date on which

3-4 the notice is mailed [, except as otherwise provided in NRS 178.509. A

3-5 copy of the notice must be transmitted to the district attorney at the time

3-6 notice is given to the sureties or the depositor.] pursuant to subsection 1.

3-7 3. The court may extend the date of the forfeiture for any reasonable

3-8 period set by the court if the surety or depositor submits to the court:

3-9 (a) An application for an extension and the court determines that the

3-10 surety or the depositor is making reasonable and ongoing efforts to bring

3-11 the defendant before the court.

3-12 (b) An application for an extension on the ground that the defendant

3-13 is temporarily prevented from appearing before the court because the

3-14 defendant:

3-15 (1) Is ill;

3-16 (2) Is insane; or

3-17 (3) Is being detained by civil or military authorities,

3-18 and the court, upon hearing the matter, determines that one or more of

3-19 the grounds described in this paragraph exist and that the surety or

3-20 depositor did not in any way cause or aid the absence of the defendant.

3-21 Sec. 5. NRS 178.509 is hereby amended to read as follows:

3-22 178.509 1. [The] Except as otherwise provided in section 2 of this

3-23 act, if the defendant fails to appear when his presence in court is lawfully

3-24 required, the court shall not exonerate the surety before the [expiration of

3-25 180 days after mailing the notice of intent to forfeit] date of forfeiture

3-26 prescribed in NRS 178.508 unless:

3-27 (a) The defendant appears before the court and the court, upon hearing

3-28 the matter, determines that the defendant has presented a satisfactory

3-29 excuse or that the surety did not in any way cause or aid the absence of the

3-30 defendant; or

3-31 (b) The surety submits an application for exoneration on the ground that

3-32 the defendant is unable to appear because [:

3-33 (1) He is] the defendant:

3-34 (1) Is dead;

3-35 (2) [He is] Is ill;

3-36 (3) [He is insane; or

3-37 (4) He is] Is insane;

3-38 (4) Is being detained by civil or military authorities [,] ; or

3-39 (5) Has been deported,

3-40 and the court, upon hearing the matter, determines that one or more of the

3-41 grounds described in this paragraph exist and that the surety did not in any

3-42 way cause or aid the absence of the defendant.

4-1 2. If the requirements of subsection 1 are met, the court may exonerate

4-2 the surety upon such terms as may be just.

4-3 [3. The court shall not exclude any period of time from the running of

4-4 the 180 days following mailing of the notice of intent to forfeit unless the

4-5 defendant or the surety submits an application for the exclusion of time

4-6 from that 180-day period on the ground that the defendant is temporarily

4-7 prevented from appearing before the court because:

4-8 (a) He is ill;

4-9 (b) He is insane; or

4-10 (c) He is being detained by civil or military authorities,

4-11 and the court, upon hearing the matter, determines that one or more of the

4-12 grounds described in this subsection exist and that the surety did not in any

4-13 way cause or aid the absence of the defendant. If the requirements of this

4-14 subsection are met, the court may exclude from the 180-day period such

4-15 time as it determines to be necessary and just. The court may include, as

4-16 part of the total time excluded from the running of the 180 days, a

4-17 reasonable period for the defendant’s return to the court upon termination

4-18 of the temporary disability if it determines that the additional period is

4-19 necessary.]

4-20 Sec. 6. NRS 178.512 is hereby amended to read as follows:

4-21 178.512 The court shall not set aside a forfeiture unless:

4-22 1. The surety submits an application to set it aside on the ground that

4-23 the defendant:

4-24 (a) Has appeared before the court since the date of the forfeiture and has

4-25 presented a satisfactory excuse for his absence;

4-26 (b) Was dead before the date of the forfeiture but the surety did not

4-27 know and could not reasonably have known of his death before that date;

4-28 (c) Was unable to appear before the court before the date of the

4-29 forfeiture because of his illness or his insanity, but the surety did not know

4-30 and could not reasonably have known of his illness or insanity before that

4-31 date; [or]

4-32 (d) Was unable to appear before the court before the date of the

4-33 forfeiture because he was being detained by civil or military authorities, but

4-34 the surety did not know and could not reasonably have known of his

4-35 detention before that date [,] ; or

4-36 (e) Was unable to appear before the court before the date of the

4-37 forfeiture because he was deported, but the surety did not know and

4-38 could not reasonably have known of his deportation before that
4-39 date,

4-40 and the court, upon hearing the matter, determines that one or more of the

4-41 grounds described in this subsection exist and that the surety did not in any

4-42 way cause or aid the absence of the defendant; and

5-1 2. The court determines that justice does not require the enforcement

5-2 of the forfeiture.

5-3 Sec. 7. NRS 178.526 is hereby amended to read as follows:

5-4 178.526 1. For the purpose of surrendering a defendant, a surety, at

5-5 any time before [he] the defendant is finally discharged, and at any place

5-6 within [the] this state, may, by [a] :

5-7 (a) Written authorization for the arrest of the defendant attached to a

5-8 copy of the undertaking; or

5-9 (b) A written authority endorsed on a certified copy of the
5-10 undertaking,

5-11 cause the defendant to be arrested by a bail agent or bail enforcement agent

5-12 who is licensed pursuant to chapter 697 of NRS.

5-13 2. A bail agent or bail enforcement agent who arrests a defendant in

5-14 this state or any other jurisdiction is not acting for or on behalf of this

5-15 state or any of its political subdivisions.

5-16 Sec. 8. NRS 199.335 is hereby amended to read as follows:

5-17 199.335 [A person who is]

5-18 1. If a person:

5-19 (a) Is admitted to bail, whether provided by deposit [,] or surety , or

5-20 [upon his own recognizance, and who is] released without bail;

5-21 (b) Is not recommitted to custody [who fails] ; and

5-22 (c) Fails to appear at the time and place required by the order admitting

5-23 him to bail or releasing him without bail, or any modification thereof,

5-24 the person is guilty of failing to appear and shall be punished pursuant to

5-25 the provisions of this section, unless [he] the person surrenders himself

5-26 [within] not later than 30 days [or is excused by the court, shall be

5-27 punished:

5-28 1. For] after the date on which the person was required to appear.

5-29 2. If a person who fails to appear in violation of subsection 1 was

5-30 admitted to bail or released without bail incident to prosecution for:

5-31 (a) One or more felonies, the person is guilty of a category D felony

5-32 and shall be punished as provided in NRS 193.130.

5-33 [2. For a misdemeanor, if admitted incident to prosecution for a

5-34 misdemeanor or gross misdemeanor.]

5-35 (b) One or more gross misdemeanors but no felonies, the person is

5-36 guilty of:

5-37 (1) A gross misdemeanor; or

5-38 (2) If the person left this state with the intent to avoid prosecution, a

5-39 category D felony and shall be punished as provided in NRS 193.130.

5-40 (c) One or more misdemeanors but no felonies or gross

5-41 misdemeanors, the person is guilty of:

6-1 (1) A misdemeanor; or

6-2 (2) If the person left this state with the intent to avoid prosecution, a

6-3 category D felony and shall be punished as provided in NRS 193.130.

6-4 Sec. 9. The amendatory provisions of this act do not apply to:

6-5 1. A defendant who is admitted to bail before October 1, 1999;

6-6 2. A surety who provides the bail bond or undertaking for a defendant

6-7 who is admitted to bail before October 1, 1999; or

6-8 3. A depositor who provides money instead of a bail bond for a

6-9 defendant who is admitted to bail before October 1, 1999.

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