Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB29 (§ 1).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 10, by deleting “$15” and inserting “$5”.
Amend section 1 page 1, line 13, after “assessment.” by inserting:
“If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.”.
Amend section 1, page 2, line 9, after “bail.” by inserting:
“If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7.”.
Amend section 1, pages 2 and 3, by deleting lines 34 through 44 on page 2 and lines 1 through 16 on page 3, and inserting:
“the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.”.
Amend section 1, pages 3 and 4, by deleting lines 21 through 45 on page 3 and lines 1 through 3 on page 4, and inserting:
“county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.
8. The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.
9. Money that is apportioned to a court from”.
Amend section 1, page 4, line 11, after “(2)” by inserting:
“Providing for personnel to staff and oversee the specialty court program;
(3)”.
Amend section 1, page 4, line 12, by deleting “(3)” and inserting “(4)”.
Amend section 1, page 4, line 14, by deleting “(4)” and inserting “(5)”.
Amend section 1, page 4, line 15, by deleting “(5)” and inserting “(6)”.
Amend section 1, page 4, line 17, by deleting “(6)” and inserting “(7)”.
Amend section 1, page 4, by deleting lines 18 and 19 and inserting:
“10. As used in this section:
(a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320; and
(b) “Specialty court program” means a program established by a court to facilitate testing”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49............................................................................................................. [$15] $25
50 to 59................................................................................................................... [30] 40
60 to 69................................................................................................................... [35] 45
70 to 79................................................................................................................... [40] 50
80 to 89................................................................................................................... [45] 55
90 to 99................................................................................................................... [50] 60
100 to 199............................................................................................................... [60] 70
200 to 299............................................................................................................... [70] 80
300 to 399............................................................................................................... [80] 90
400 to 499............................................................................................................. [90] 100
500 to 1,000........................................................................................................ [105] 115
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If the justice or
judge sentences the defendant to perform community service in lieu of a fine,
the justice or judge shall include in the sentence the amount of the
administrative assessment that corresponds with the fine for which the
defendant would have been responsible as prescribed by the schedule in this
subsection.
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.
6. The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.
(b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.
7. The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:
(a) Not less than 51 percent to the Office of [the] Court Administrator for allocation as follows:
(1) Eighteen and one‑half percent of the amount distributed to the Office of [the] Court Administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the Office of [the] Court Administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the Office of [the] Court Administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the Office of [the] Court Administrator for the Supreme Court.
(5) Three and one-half percent of the amount distributed to the Office of [the] Court Administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The Central Repository for Nevada Records of Criminal History;
(2) The Peace Officers’ Standards and Training Commission;
(3) The operation by the Nevada Highway Patrol of a computerized switching system for information related to law enforcement;
(4) The Fund for the Compensation of Victims of Crime; and
(5) The Advisory Council for Prosecuting Attorneys.
9. As used in this section [, “juvenile] :
(a) “Juvenile court” means:
[(a)] (1) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
[(b)] (2) In any other judicial district, the juvenile division of the district court.
(b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.”.
Amend sec. 2, page 4, line 40, after “assessment” by inserting:
“If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the administrative assessment required pursuant to this subsection.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 9, and adding new sections designated sections 4 through 8, following sec. 2, to read as follows:
“Sec. 4. NRS 178.502 is hereby amended to read as follows:
178.502 1. A person required or permitted to give bail shall execute a bond for his appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.498, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.
2. Any bond or undertaking for bail must provide that the bond or undertaking [extends, for a period of at least 1 year unless bail is exonerated earlier pursuant to the provisions of subsection 4,] :
(a) Extends to any action or proceeding in a justice’s court, municipal court or district court:
[(a)] (1) Arising from the charge on which bail was first given in any of these courts; and
[(b)] (2) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the same act or omission as that charge [.] ; and
(b) Remains in effect until exonerated by the court.
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This subsection does not require that any bond or undertaking
extend to proceedings on appeal.
3. If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.
4. If the action or proceeding against a defendant who has been admitted to bail is dismissed, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period. If no formal action or proceeding is instituted against a defendant who has been admitted to bail, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.
5. If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the bail must be applied to the public offense later charged, and the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail notice of the transfer to the surety on the bond and the bail agent who executed the bond.
6. Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.
Sec. 5. NRS 178.508 is hereby amended to read as follows:
178.508 1. If the defendant fails to appear when his presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:
(a) Enter upon its minutes that the defendant failed to appear;
(b) Not later than 45 days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and
(c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if he is not the defendant, be given notice that the defendant has failed to appear, by certified mail within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.
2. Except as otherwise provided in subsection 3 and NRS 178.509, [the] an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. If the defendant who failed to appear has been charged with the commission of a gross misdemeanor or felony, a copy of the order must be forwarded to the Office of Court Administrator. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed pursuant to subsection 1.
3. The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:
(a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.
(b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:
(1) Is ill;
(2) Is insane; or
(3) Is being detained by civil or military authorities,
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and the court, upon hearing the matter, determines that one or
more of the grounds described in this paragraph exist and that the surety or
depositor did not in any way cause or aid the absence of the defendant.
Sec. 6. NRS 178.512 is hereby amended to read as follows:
178.512 1. The court shall not set aside a forfeiture unless:
[1.] (a) The surety submits an application to set it aside on the ground that the defendant:
[(a)] (1) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for his absence;
[(b)] (2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;
[(c)] (3) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date;
[(d)] (4) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date; or
[(e)] (5) Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,
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and the court, upon hearing the matter, determines that one or
more of the grounds described in this subsection exist and that the surety did
not in any way cause or aid the absence of the defendant; and
[2.] (b) The court determines that justice does not require the enforcement of the forfeiture.
2. If the court sets aside a forfeiture pursuant to subsection 1 and the forfeiture includes any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall make a written finding in support of setting aside the forfeiture. The court shall mail a copy of the order setting aside the forfeiture to the Office of Court Administrator immediately upon entry of the order.
Sec. 7. NRS 178.514 is hereby amended to read as follows:
178.514 1. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.
2. If the Office of Court Administrator has not received an order setting aside a forfeiture within 180 days after the issuance of the order, the Court Administrator shall request that the court that ordered the forfeiture institute proceedings to enter a judgment of default with respect to the amount of the undertaking or money deposited instead of bail bond with the court. Not later than 30 days after receipt of the request from the Office of Court Administrator, the court shall enter judgment by default and commence execution proceedings therein.
3. By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses.
Sec. 8. NRS 178.518 is hereby amended to read as follows:
178.518 Money collected pursuant to NRS 178.506 to 178.516, inclusive, which was collected:
1. From a person who was charged with a misdemeanor must be paid over to the county treasurer.
2. From a person who was charged with a gross misdemeanor or a felony must be paid over to the State Controller for deposit in the [Fund for the Compensation of Victims of Crime.] State General Fund for distribution in the following manner:
(a) Fifty percent for credit to the Fund for the Compensation of Victims of Crime; and
(b) Fifty percent for credit to the special account established pursuant to section 1 of this act to assist with funding and establishing specialty court programs.”.
Amend the bill as a whole by renumbering sections 4 through 6 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 3, to read as follows:
“Sec. 10. NRS 1.360 is hereby amended to read as follows:
1.360 Under the direction of the Supreme Court, the Court Administrator shall:
1. Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this state and make recommendations, through the Chief Justice, for the improvement of those procedures;
2. Examine the condition of the dockets of the courts and determine the need for assistance by any court;
3. Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;
4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the state court system and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;
5. Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the state court system and make recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing, procurement and disbursement for the state court system;
7. Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the state court system and the offices connected therewith;
8. Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;
9. Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the state court system;
10. On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;
11. On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:
(a) The distribution of money deposited in the special account created pursuant to section 1 of this act to assist with funding and establishing specialty court programs;
(b) The current status of any specialty court programs to which money from the account was allocated since the last report; and
(c) Such other related information as the Court Administrator deems appropriate;
12. On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person; and
[12.] 13. Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.”.
Amend the title of the bill to read as follows:
“AN ACT relating to criminal procedure; providing for an additional administrative assessment to be collected in cases involving a misdemeanor to pay for certain specialty court programs established by courts; increasing the amount of certain administrative assessments; providing procedures for forfeiture of any undertaking or money deposited instead of bail bond; requiring the Court Administrator to submit a report concerning certain specialty court programs; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning administrative assessments and forfeiture of bail. (BDR 14‑130)”.