Assembly Bill No. 108–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to county clerks; making various changes concerning the duties of county clerks with respect to grand juries; making various other changes concerning the duties of county clerks with respect to making certain reports; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 6 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  A committee of petitioners consisting of five registered voters may

 commence a proceeding to summon a grand jury pursuant to this

 section by filing with the clerk of the district court an affidavit that

 contains the following information:

   (a) The name and address of each registered voter who is a member of

 the committee.

   (b) The mailing address to which all correspondence concerning the

 committee is to be sent.

   (c) A statement that the committee will be responsible for the

 circulation of the petition and will comply with all applicable

 requirements concerning the filing of a petition to summon a grand jury

 pursuant to this section.

   (d) A statement explaining the necessity for summoning a grand jury

 pursuant to this section.

   2.  A petition to summon a grand jury must be filed with the clerk by

 a committee of petitioners not later than 180 days after an affidavit is

 filed pursuant to subsection 1. The petition must contain:

   (a) The signatures of registered voters equal in number to at least 25

 percent of the number of voters voting within the county at the last

 preceding general election. Each signature contained in the petition:

     (1) May only be obtained after the affidavit required pursuant to

 subsection 1 is filed;

     (2) Must be executed in ink; and

     (3) Must be followed by the address of the person signing the

 petition and the date on which the person is signing the petition.

   (b) A statement indicating the number of signatures of registered

 voters which were obtained by the committee and which are included in

 the petition.

   (c) An affidavit executed by each person who circulated the petition

 which states that:

     (1) The person circulated the petition personally;

     (2) At all times during the circulation of the petition, the affidavit

 filed pursuant to subsection 1 was affixed to the petition;

     (3) Each signature obtained by the person is genuine to the best of

 his knowledge and belief and was obtained in his presence; and

     (4) Each person who signed the petition had an opportunity before

 signing the petition to read the entire text of the petition.

   3.  A petition filed pursuant to this section may consist of more than

 one document, but all documents that are included as part of the petition

must be assembled into a single instrument for the purpose of filing.

Each document that is included as part of the petition must be uniform in

 size and style and must be numbered.

   4.  A person shall not misrepresent the intent or content of a petition

 circulated or filed pursuant to this section. A person who violates the

 provisions of this subsection is guilty of a misdemeanor.

   5.  The clerk shall issue a receipt following the filing of a petition

 pursuant to this section. The receipt must indicate the number of:

   (a) Documents included in the petition;

   (b) Pages in each document; and

   (c) Signatures which the committee indicates were obtained and

 which are included in the petition.

   6.  Within 20 days after a petition is filed pursuant to this section, the

 clerk shall:

   (a) Prepare a certificate indicating whether the petition is sufficient or

 insufficient, and if the petition is insufficient, include in the certificate

 the reasons for the insufficiency of the petition; and

   (b) Transmit a copy of the certificate to the committee by certified

 mail.

   7.  A petition must not be certified as insufficient for lack of the

 required number of valid signatures if, in the absence of other proof of

 disqualification, any signature on the face thereof does not exactly

 correspond with the signature appearing on the official register of voters

 and the identity of the signer can be ascertained from the face of the

 petition.

   8.  If a petition is certified as:

   (a) Sufficient, the clerk shall promptly present a copy of the certificate

 to the court, and the court shall summon a grand jury. If there is a

 grand jury in recess, the court shall recall that grand jury. If there is not

 a grand jury in recess, a new grand jury must be summoned.

   (b) Insufficient, the committee may, within 2 days after receipt of the

 copy of the certificate, file a request with the court for judicial review of

 the determination by the clerk that the petition is insufficient. In

 reviewing the determination of the clerk, the court shall examine the

 petition and the certificate of the clerk and may, in its discretion, allow

 the introduction of oral or written testimony. The determination of the

 clerk may be reversed only upon a showing that the determination is in

 violation of any constitutional or statutory provision, is arbitrary or

 capricious or involves an abuse of discretion. If the court finds that the

 determination of the clerk was correct, the committee may commence a

 new proceeding to summon a grand jury pursuant to this section or may

 proceed as provided in NRS 6.140. If the court finds that the

 determination of the clerk must be reversed, the court shall summon a

 grand jury. If there is a grand jury in recess, the court shall recall that

 grand jury. If there is not a grand jury in recess, a new grand jury must

 be summoned.

   Sec. 2.  NRS 6.130 is hereby amended to read as follows:

   6.130  1.  [The district judge shall summon a grand jury whenever a

 verified petition is presented to the clerk of the district court containing the

 signatures of registered voters equal in number to 25 percent of the

 number

of voters voting within the county at the last preceding general election

which specifically sets forth the fact or facts constituting the necessity of

 convening a grand jury.

   2.] In any county, if the statute of limitations has not run against the

 person offending, the district judge may summon a grand jury after an

 affidavit or verified petition by any taxpayer of the county accompanied

 by and with corroborating affidavits of at least two additional persons has

 been filed with the clerk of the district court, setting forth reasonable

 evidence upon which a belief is based that there has been a

 misappropriation of public money or property by a public officer, past or

 present, or any fraud committed against the county or state by any officer,

 past or present, or any violation of trust by any officer, past or present. The

 district judge shall act upon the affidavit or petition within 5 days. If he

 fails or refuses to recall or summon a grand jury, the affiant or petitioner

 may proceed as provided in NRS 6.140.

   [3.] 2. If there is a grand jury in recess, the court shall recall that grand

 jury. [Otherwise,] If there is not a grand jury in recess, a new grand jury

 must be summoned.

   Sec. 3.  NRS 6.140 is hereby amended to read as follows:

   6.140  In any county, if the district judge for any reason fails or refuses

 to select a grand jury when required, any interested person resident of the

 county may apply to the supreme court for an order directing the selection

 of a grand jury. The application [shall] must be supported by affidavits

 setting forth the true facts as known to the applicant, and the certificate of

 the county clerk that a grand jury has not been selected within the time

 fixed or otherwise as the facts may be. The supreme court shall issue its

 order, if satisfied that a grand jury should be called, directing the county

 clerk to select and impanel a grand jury, according to the provisions of

 NRS 6.110, 6.120 and 6.130[.] and section 1 of this act.

   Sec. 4.  NRS 6.150 is hereby amended to read as follows:

   6.150  1.  Each person summoned to attend as a grand juror or a trial

 juror in the district court or justice’s court, unless on or before the day he

 is summoned to attend he is excused by the court at his own request from

 serving, is entitled to a fee of $9 for each day he is in attendance in

 response to the venire or summons, including Sundays and holidays.

   2.  Each grand juror and trial juror in the district court or justice’s court

 actually sworn and serving is entitled to a fee of $15 a day, or $30 a day

 after 5 days, as compensation for each day of service.

   3.  In addition to the fees specified in subsections 1 and 2, a board of

 county commissioners may provide that, for each day of such attendance

 or service, each person is entitled to be paid a per diem allowance in an

 amount equal to the allowance for meals provided for state officers and

 employees generally while away from the office and within this state

 pursuant to subsection 1 of NRS 281.160.

   4.  Except as otherwise provided in this section, each person summoned

 to attend as a grand juror or a trial juror in the district court or justice’s

 court and each grand juror and trial juror in the district court or justice’s

 court is entitled to receive [15] 20 cents a mile for each mile necessarily

 and actually traveled by the shortest and most practical route. A board of

 county commissioners may provide that, for each mile so traveled, the

person is entitled to be paid an amount equal to the allowance for travel by

private conveyance provided for state officers and employees generally

 pursuant to subsection 3 of NRS 281.160. Where the mileage does not

 exceed 1 mile, an allowance must not be made for that mileage pursuant to

 this subsection.

   5.  If the home of a person summoned or serving as such a juror is 60

 miles or more from the place of trial and the selection, inquiry or trial lasts

 more than 1 day, he is entitled to receive an allowance for lodging at the

 rate provided by law for state employees, in addition to his daily

 compensation for attendance or service, for each day on which he does not

 return to his home.

   6.  In civil cases, any fee, per diem allowance or other compensation

 due each juror engaged in the trial of the cause must be paid each day in

 advance to the clerk of the court, or the justice of the peace, by the party

 who has demanded the jury. If the party paying this money is the

 prevailing party, the money is recoverable as costs from the losing party.

 If the jury from any cause is discharged in a civil action without finding a

 verdict and the party who demands the jury subsequently obtains

 judgment, the money so paid is recoverable as costs from the losing party.

   7.  The money paid by a county clerk to jurors for their services in a

 civil action or proceeding , [(]which he has received from the party

 demanding the jury , [)] must be deducted from the total amount due them

 for attendance as such jurors, and any balance is a charge against the

 county.

   Sec. 5.  NRS 3.290 and 3.295 are hereby repealed.

   Sec. 6.  The amendatory provisions of this act do not apply to offenses

 committed before July 1, 2000.

   Sec. 7.  This act becomes effective on July 1, 2001.

 

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