Assembly Bill No. 401–Committee on Judiciary

 

(On Behalf of Administrative Office of the Courts)

 

March 16, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning forfeiture of bail. (BDR 14‑525)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to bail; reducing the time for forfeiting bail when a defendant fails to appear; requiring persons who provide bail on behalf of a defendant to make ongoing efforts to bring the defendant before the court when the defendant has failed to appear and to report such efforts to the court; 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 178.508 is hereby amended to read as follows:

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

1-3  is lawfully required for the commission of a misdemeanor and the failure to

1-4  appear is not excused or is lawfully required for the commission of a gross

1-5  misdemeanor or felony, the court shall:

1-6    (a) Enter upon its minutes that the defendant failed to appear;

1-7    (b) Not later than 45 days after the date on which the defendant failed to

1-8  appear, order the issuance of a warrant for the arrest of the defendant; and

1-9    (c) If the undertaking exceeds $50 or money deposited instead of bail

1-10  bond exceeds $500, direct that each surety and the local agent of each

1-11  surety, or the depositor if he is not the defendant, be given notice that the

1-12  defendant has failed to appear, by certified mail within 20 days after the

1-13  date on which the defendant failed to appear. The court shall execute an

1-14  affidavit of such mailing to be kept as an official public record of the court

1-15  and shall direct that a copy of the notice be transmitted to the prosecuting

1-16  attorney at the same time that notice is given to each surety or the

1-17  depositor.

1-18    2.  Except as otherwise provided in subsection 3 or 5 and NRS

1-19  178.509, the undertaking or money deposited instead of bail bond is

2-1  forfeited [180] 90 days after the date on which the notice is mailed

2-2  pursuant to subsection 1.

2-3    3.  The court may extend the date of the forfeiture for any reasonable

2-4  period set by the court if the surety or depositor submits to the court:

2-5    (a) An application for an extension and the court determines that the

2-6  surety or the depositor is making reasonable and ongoing efforts to bring

2-7  the defendant before the court[.] ; or

2-8    (b) An application for an extension on the ground that the defendant is

2-9  temporarily prevented from appearing before the court because the

2-10  defendant:

2-11      (1) Is ill;

2-12      (2) Is insane; or

2-13      (3) Is being detained by civil or military authorities,

2-14  and the court, upon hearing the matter, determines that one or more of the

2-15  grounds described in this paragraph exist and that the surety or depositor

2-16  did not in any way cause or aid the absence of the defendant.

2-17    4.  Following receipt of a notice that the defendant failed to appear

2-18  pursuant to subsection 1 the surety or depositor shall:

2-19    (a) Make reasonable and ongoing efforts to bring the defendant

2-20  before the court; and

2-21    (b) Send a written report to the court by certified mail before the last

2-22  day of each month until the surety or depositor is exonerated or the

2-23  undertaking or money is forfeited apprising the court of such efforts.

2-24    5.  If a surety or depositor fails to send a report pursuant to

2-25  subsection 4 within the prescribed time, the court may cause the

2-26  undertaking or money to be forfeited immediately.

2-27    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-28  H