Assembly Bill No. 557–Committee on Government Affairs

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes constables, upon request of sheriff, to execute certain process, writs and warrants. (BDR 20‑246)

 

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 constables; authorizing constables, upon request by the sheriff, to execute certain process, writs, and warrants; 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 248.100 is hereby amended to read as follows:

1-2    248.100  1.  The sheriff shall:

1-3    [1.] (a) Attend in person, or by deputy, [at] all sessions of the district

1-4  court in his county.

1-5    [2.] (b) Obey all the lawful orders and directions of the same.

1-6    [3.  Execute]

1-7    (c) Except as otherwise provided in subsection 2, execute the process,

1-8  writs or warrants of courts of justice, judicial officers and coroners, when

1-9  delivered to him for that purpose.

1-10    2.  The sheriff may authorize the constable of the appropriate

1-11  township to receive and execute the process, writs or warrants of courts

1-12  of justice, judicial officers and coroners.

1-13    Sec. 2.  NRS 248.120 is hereby amended to read as follows:

1-14    248.120  When any process, writ or order [shall be] is delivered to the

1-15  sheriff , or the constable as authorized pursuant to NRS 248.100, to be

1-16  served or executed, [he] the sheriff or constable shall:

1-17    1.  Forthwith endorse upon it the year, month, day and hour of its

1-18  [reception.] receipt.

1-19    2.  Give to the person delivering it, if required, on payment of his fee, a

1-20  written memorandum signed by him, stating the names of the parties in the

1-21  process or order, the nature thereof[,] and the time it was received. He

1-22  shall also deliver to the party served a copy thereof, if required so to do,

1-23  without charge to such party.

2-1    Sec. 3.  NRS 248.130 is hereby amended to read as follows:

2-2    248.130  A sheriff , or a constable authorized pursuant to NRS

2-3  248.100, to whom any process, writ, order or paper [shall be] is delivered

2-4  shall:

2-5    1.  Execute the same with diligence, according to its command, or as

2-6  required by law.

2-7    2.  Return it without delay to the proper court or officer, with his

2-8  certificate endorsed thereon of the manner of its service or execution, or, if

2-9  not served or executed, the reasons for his failure.

2-10  For a failure so to do, he shall be liable to the party aggrieved for all

2-11  damages sustained by him on account of such neglect.

2-12    Sec. 4.  NRS 248.150 is hereby amended to read as follows:

2-13    248.150  [If] Except as otherwise provided in NRS 248.100, if the

2-14  sheriff to whom a writ of execution or writ of attachment is delivered shall

2-15  neglect or refuse, after being required by the creditor or his attorney to

2-16  attach, or to levy upon[,] or sell, any property of the party charged in the

2-17  writ which is liable to be attached or levied upon and sold, he shall be

2-18  liable on his official bond to the creditor for the value of such property.

2-19    Sec. 5.  NRS 258.070 is hereby amended to read as follows:

2-20    258.070  1.  Each constable shall:

2-21    (a) Be a peace officer in his township.

2-22    (b) Serve all mesne and final process issued by a court of competent

2-23  jurisdiction.

2-24    (c) Execute the process, writs or warrants that he is authorized to

2-25  receive pursuant to NRS 248.100.

2-26    (d) Discharge such other duties as are or may be prescribed by law.

2-27    2.  If a sheriff or his deputy in any county in this state arrests [any

2-28  person or persons] a person charged with a criminal offense or in the

2-29  commission of an offense, the sheriff or his deputy shall serve all process,

2-30  whether mesne or final, and attend the court executing the order thereof in

2-31  the prosecution of the person [or persons] so arrested, whether in a justice’s

2-32  court or a district court, to [a final] the conclusion, and whether the offense

2-33  is an offense of which a justice of the peace has jurisdiction, or whether the

2-34  proceeding is a preliminary examination or hearing. The sheriff or his

2-35  deputy shall collect the same fees and in the same manner therefor as the

2-36  constable of the township[,] in which the justice’s court is held[,] would

2-37  receive for the same service.

 

2-38  H