Assembly Bill No. 557–Committee on Government Affairs

 

CHAPTER..........

 

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:

 

   Section 1. NRS 248.100 is hereby amended to read as follows:

   248.100  1.  The sheriff shall:

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

 court in his county.

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

   [3.  Execute]

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

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

 delivered to him for that purpose.

   2.  The sheriff may authorize the constable of the appropriate

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

 of justice, judicial officers and coroners.

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

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

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

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

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

 [reception.] receipt.

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

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

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

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

 without charge to such party.

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

   248.130  A sheriff , or a constable authorized pursuant to NRS

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

 shall:

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

 required by law.

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

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

 not served or executed, the reasons for his failure.

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

 damages sustained by him on account of such neglect.

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

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

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

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

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

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

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

 

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

   258.070  1.  Each constable shall:

   (a) Be a peace officer in his township.

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

 jurisdiction.

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

 receive pursuant to NRS 248.100.

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

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

 person or persons] a person charged with a criminal offense or in the

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

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

 the prosecution of the person [or persons] so arrested, whether in a

 justice’s court or a district court, to [a final] the conclusion, and whether

 the offense is an offense of which a justice of the peace has jurisdiction, or

 whether the proceeding is a preliminary examination or hearing. The

 sheriff or his deputy shall collect the same fees and in the same manner

 therefor as the constable of the township[,] in which the justice’s court is

 held[,] would receive for the same service.

 

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