Senate Bill No. 182–Committee on Judiciary

 

(On Behalf of Administrative Office of the Courts)

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Removes authority for private person to take arrested person before nearest magistrate following arrest. (BDR 14‑527)

 

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 criminal procedure; removing the authority for a private person to take an arrested person before the nearest magistrate following an arrest; 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 171.1772 is hereby amended to read as follows:

1-2    171.1772  Whenever any person is arrested by a private person, as

1-3  provided in NRS 171.126, for any violation of a county, city or town

1-4  ordinance or state law which is punishable as a misdemeanor, such person

1-5  arrested may be issued a misdemeanor citation by a peace officer in lieu of

1-6  being immediately taken before a magistrate by the peace officer if:

1-7    1.  The person arrested furnishes satisfactory evidence of identity; and

1-8    2.  [A] The peace officer has reasonable grounds to believe that the

1-9  person arrested will keep a written promise to appear in court.

1-10    Sec. 2.  NRS 171.178 is hereby amended to read as follows:

1-11    171.178  1.  Except as otherwise provided in subsections 5 and 6, a

1-12  peace officer making an arrest under a warrant issued upon a complaint or

1-13  without a warrant shall take the arrested person without unnecessary delay

1-14  before the magistrate who issued the warrant or the nearest available

1-15  magistrate empowered to commit persons charged with offenses against

1-16  the laws of the State of Nevada.

1-17    2.  A private person making an arrest without a warrant shall [take]

1-18  deliver the arrested person without unnecessary delay [before the nearest

1-19  available magistrate empowered to commit persons charged with offenses

2-1  against the laws of the State of Nevada or deliver the arrested person] to a

2-2  peace officer.

2-3    3.  If an arrested person is not brought before a magistrate within 72

2-4  hours after arrest, excluding nonjudicial days, the magistrate:

2-5    (a) Shall give the prosecuting attorney an opportunity to explain the

2-6  circumstances leading to the delay; and

2-7    (b) May release the arrested person if he determines that the person was

2-8  not brought before a magistrate without unnecessary delay.

2-9    4.  When a person arrested without a warrant is brought before a

2-10  magistrate, a complaint must be filed forthwith.

2-11    5.  Except as otherwise provided in NRS 178.484 and 178.487, where

2-12  the defendant can be admitted to bail without appearing personally before a

2-13  magistrate, he must be so admitted with the least possible delay, and

2-14  required to appear before a magistrate at the earliest convenient time

2-15  thereafter.

2-16    6.  A peace officer may immediately release from custody without any

2-17  further proceedings any person he arrests without a warrant if the peace

2-18  officer is satisfied that there are insufficient grounds for issuing a criminal

2-19  complaint against the person arrested. Any record of the arrest of a person

2-20  released pursuant to this subsection must also include a record of the

2-21  release. A person so released shall be deemed not to have been arrested but

2-22  only detained.

2-23    Sec. 3.  This act becomes effective upon passage and approval.

 

2-24  H