A.B. 440 - Nevada Legislature

A.B. 440

ASSEMBLY BILL NO. 440?COMMITTEE ON JUDICIARY

(ON BEHALF OF THE COMMITTEE TO CONDUCT AN INTERIM STUDY OF ISSUES RELATING TO PRETRIAL

RELEASE OF DEFENDANTS IN CRIMINAL CASES)

MARCH 29, 2021 ____________

Referred to Committee on Judiciary

SUMMARY--Revises provisions relating to the issuance of certain citations. (BDR 14-376)

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 crimes; defining the terms "aggregate offense" and "crime of violence"; requiring a peace officer to issue a misdemeanor citation in lieu of executing a warrant by arresting the defendant if the warrant is issued upon an offense punishable as a misdemeanor and the offense does not constitute an aggregate offense or a crime of violence; requiring certain persons to issue misdemeanor citations, traffic citations, vessel citations and wildlife citations under certain circumstances for offenses punishable as misdemeanors that do not constitute aggregate offenses or crimes of violence; and providing other matters properly relating thereto.

Legislative Counsel's Digest:

1

Existing law requires a warrant of arrest to be executed by the arrest of the

2 defendant unless certain circumstances apply and a peace officer issues a

3 misdemeanor citation in lieu of executing the warrant. (NRS 171.122) Section 5 of

4 this bill requires a peace officer to issue a misdemeanor citation in lieu of executing

5 such a warrant unless the warrant is issued upon an offense punishable as a

6 misdemeanor that is an aggregate offense or a crime of violence, in which case, the

7 peace officer is authorized to issue the misdemeanor citation.

8

Existing law provides that whenever any person is detained by a peace officer

9 for any violation of an ordinance or a state law punishable as a misdemeanor and

10 the person is not otherwise required to be taken before a magistrate, the person is

11 required to be given a misdemeanor citation or to be taken before the proper

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12 magistrate. (NRS 171.1771) Existing law also authorizes a peace officer to issue a

13 citation in lieu of taking the person before a magistrate if a person is arrested by a

14 private person for any violation of an ordinance or a state law punishable as

15 a misdemeanor. (NRS 171.1772) Sections 6 and 7 of this bill require a peace

16 officer to issue a misdemeanor citation for any such violation unless the violation is

17 an aggregate offense or a crime of violence, in which case, the peace officer is

18 authorized to issue the misdemeanor citation. Section 8 of this bill makes a

19 conforming change related to the issuance of misdemeanor citations.

20

Section 2 of this bill defines the term "aggregate offense" for the purposes of

21 sections 5-7. Additionally, section 3 of this bill defines the term "crime of

22 violence" for the purposes of sections 5-7 and 9-14 of this bill. Section 4 of this

23 bill makes a conforming change related to the proper placement of sections 2 and 3

24 in the Nevada Revised Statutes.

25

Existing law authorizes a peace officer to issue a traffic citation or a

26 misdemeanor citation at the scene of a crash so long as the offense is not a felony or

27 certain other traffic offenses. (NRS 484A.660) While retaining the existing

28 exceptions, section 21 of this bill revises the discretionary issuance of such

29 citations by requiring a peace officer to issue a traffic citation or a misdemeanor

30 citation for an offense punishable as a misdemeanor that does not constitute an

31 aggregate offense or a crime of violence.

32

Existing law also provides that whenever any person is halted by a peace

33 officer for a violation of certain traffic laws and is not otherwise required to be

34 taken before a magistrate, the person may be given a traffic citation or be taken

35 before the proper magistrate. (NRS 484A.730) Section 24 of this bill revises the

36 discretionary issuance of such citations by instead requiring a peace officer to issue

37 a traffic citation for an offense punishable as misdemeanor that does not constitute

38 an aggregate offense or a crime of violence.

39

Sections 16 and 17 of this bill define the terms "aggregate offense" and "crime

40 of violence" for the purposes of sections 21 and 24. Section 18 of this bill makes a

41 conforming change to indicate the proper placement of sections 16 and 17 in the

42 Nevada Revised Statutes.

43

Sections 19, 20 and 23 of this bill make conforming changes related to the

44 requirement to issue a traffic citation for traffic offenses punishable as

45 misdemeanors that do not constitute aggregate offenses or crimes of violence.

46

Existing law authorizes a peace officer to arrest a person, with or without a

47 warrant, who commits certain traffic offenses. (NRS 484A.710) Section 22 of this

48 bill: (1) removes those offenses punishable as misdemeanors which are now

49 required to be issued traffic citations pursuant to section 21 or 24; and (2) provides

50 an exception for the discretionary issuance of traffic citations or misdemeanor

51 citations pursuant to section 21 or 24, as applicable.

52

Existing law authorizes a game warden, sheriff or peace officer to issue a

53 citation for certain offenses relating to vessels. (NRS 488.920) While retaining the

54 existing discretionary issuance of citations for offenses relating to vessels that are

55 punishable as felonies or gross misdemeanors, section 25 of this bill requires a

56 game warden, sheriff or peace officer to issue a citation for such an offense

57 punishable as a misdemeanor unless the offense is an aggregate offense or a crime

58 of violence, in which case, the game warden, sheriff or peace officer is authorized

59 to issue the citation.

60

Existing law also authorizes a game warden to issue a citation for certain

61 offenses relating to wildlife. (NRS 501.386) While retaining the existing

62 discretionary issuance of citations for offenses relating to wildlife that are

63 punishable as felonies or gross misdemeanors, section 26 of this bill requires a

64 game warden to issue a citation for an offense punishable as a misdemeanor unless

65 the offense is an aggregate offense or a crime of violence, in which case, the game

66 warden is authorized to issue the citation.

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1 Section 1. Chapter 169 of NRS is hereby amended by adding 2 thereto the provisions set forth as sections 2 and 3 of this act. 3 Sec. 2. 1. "Aggregate offense" means an offense for which 4 a penalty is determined by a previous conviction, or lack thereof, 5 of the same offense. 6 2. As used in this section, "penalty" means a term of 7 imprisonment or a fine, or both. 8 Sec. 3. "Crime of violence" has the meaning ascribed to it in 9 NRS 200.408. 10 Sec. 4. NRS 169.045 is hereby amended to read as follows: 11 169.045 As used in this title, unless the context otherwise 12 requires, the words and terms defined in NRS 169.049 to 169.205, 13 inclusive, and sections 2 and 3 of this act have the meanings 14 ascribed to them in those sections. 15 Sec. 5. NRS 171.122 is hereby amended to read as follows: 16 171.122 1. Except as otherwise provided in subsection 2, the 17 warrant must be executed by the arrest of the defendant. The officer 18 need not have the warrant in the officer's possession at the time of 19 the arrest, but upon request the officer must show the warrant to the 20 defendant as soon as possible. If the officer does not have a warrant 21 in the officer's possession at the time of the arrest, the officer shall 22 then inform the defendant of the officer's intention to arrest the 23 defendant, of the offense charged, the authority to make it and of the 24 fact that a warrant has or has not been issued. The defendant must 25 not be subjected to any more restraint than is necessary for the 26 defendant's arrest and detention. If the defendant either flees or 27 forcibly resists, the officer may, except as otherwise provided in 28 NRS 171.1455, use only the amount of reasonable force necessary 29 to effect the arrest. 30 2. [In] Except as otherwise provided in subsection 3, a peace 31 officer shall issue a misdemeanor citation as provided in NRS 32 171.1773 in lieu of executing the warrant by arresting the defendant 33 [, a] unless the warrant is issued upon an offense that constitutes 34 an aggregate offense or a crime of violence, in which case, the 35 peace officer may issue [a] the misdemeanor citation . [as provided 36 in NRS 171.1773 if:] 37 3. The citation described in subsection 2 must not be issued 38 unless: 39 (a) The warrant is issued upon an offense punishable as a 40 misdemeanor; 41 (b) The peace officer has no indication that the defendant has 42 previously failed to appear on the charge reflected in the warrant;

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1 (c) The defendant provides satisfactory evidence of his or her 2 identity to the peace officer; 3 (d) The defendant signs a written promise to appear in court for 4 the misdemeanor offense; and 5 (e) The peace officer has reasonable grounds to believe that the 6 defendant will keep a written promise to appear in court. 7 [3.] 4. The summons must be served upon a defendant by 8 delivering a copy to the defendant personally, or by leaving it at the 9 defendant's dwelling house or usual place of abode with some 10 person then residing in the house or abode who is at least 16 years 11 of age and is of suitable discretion, or by mailing it to the 12 defendant's last known address. In the case of a corporation, the 13 summons must be served at least 5 days before the day of 14 appearance fixed in the summons, by delivering a copy to an officer 15 or to a managing or general agent or to any other agent authorized 16 by appointment or by law to receive service of process and, if the 17 agent is one authorized by statute to receive service and the statute 18 so requires, by also mailing a copy to the corporation's last known 19 address within the State of Nevada or at its principal place of 20 business elsewhere in the United States. 21 Sec. 6. NRS 171.1771 is hereby amended to read as follows: 22 171.1771 [Whenever] 23 1. Except as otherwise provided in subsection 2, whenever 24 any person is detained by a peace officer for any violation of a 25 county, city or town ordinance or a state law which is punishable as 26 a misdemeanor and the person is not required to be taken before a 27 magistrate, the person [shall,] must be given a misdemeanor 28 citation unless the violation constitutes an aggregate offense or a 29 crime of violence, in which case, the person may, in the discretion 30 of the peace officer, either be given a misdemeanor citation [,] or be 31 taken without unnecessary delay before the proper magistrate. [Any 32 such person shall] 33 2. A person described in subsection 1 must be taken before the 34 proper magistrate when the person does not furnish satisfactory 35 evidence of identity or when the peace officer has reasonable and 36 probable grounds to believe the person will disregard a written 37 promise to appear in court. 38 Sec. 7. NRS 171.1772 is hereby amended to read as follows: 39 171.1772 1. Whenever any person is arrested by a private 40 person, as provided in NRS 171.126, for any violation of a county, 41 city or town ordinance or state law which is punishable as a 42 misdemeanor, such person arrested [may] must be issued a 43 misdemeanor citation by a peace officer in lieu of being 44 immediately taken before a magistrate by the peace officer [if:] 45 unless the violation constitutes an aggregate offense or a crime of

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1 violence, in which case, the person arrested may be issued the 2 misdemeanor citation or be immediately taken before a magistrate 3 by the police officer. 4 2. The citation described in subsection 1 must not be issued 5 unless: 6 [1.] (a) The person arrested furnishes satisfactory evidence of 7 identity; and 8 [2.] (b) The peace officer has reasonable grounds to believe that 9 the person arrested will keep a written promise to appear in court. 10 Sec. 8. NRS 171.1773 is hereby amended to read as follows: 11 171.1773 1. Whenever a person is detained by a peace officer 12 for any violation of a county, city or town ordinance or a state law 13 which is punishable as a misdemeanor and the person is not taken 14 before a magistrate as required or permitted by NRS 171.177, 15 171.1771 or 171.1772, the peace officer [may] must prepare a 16 misdemeanor citation manually or electronically in the form of a 17 complaint issuing in the name of "The State of Nevada" or in the 18 name of the respective county, city or town, containing a notice to 19 appear in court, the name and address of the person, the state 20 registration number of the person's vehicle, if any, the offense 21 charged, including a brief description of the offense and the NRS or 22 ordinance citation, the time when and place where the person is 23 required to appear in court, and such other pertinent information as 24 may be necessary. The citation must be signed by the peace officer. 25 If the citation is prepared electronically, the officer shall sign the 26 copy of the citation that is delivered to the person charged with the 27 violation. 28 2. The time specified in the notice to appear must be at least 5 29 days after the alleged violation unless the person charged with the 30 violation demands an earlier hearing. 31 3. The place specified in the notice must be before a 32 magistrate, as designated in NRS 171.178 and 171.184. 33 4. The person charged with the violation may give a written 34 promise to appear in court by signing at least one copy of the 35 misdemeanor citation prepared by the peace officer, in which event 36 the peace officer shall deliver a copy of the citation to the person, 37 and thereupon the peace officer shall not take the person into 38 physical custody for the violation. If the citation is prepared 39 electronically, the officer shall deliver the signed copy of the 40 citation to the person and shall indicate on the electronic record of 41 the citation whether the person charged gave a written promise to 42 appear. A copy of the citation that is signed by the person charged 43 or the electronic record of the citation which indicates that the 44 person charged gave a written promise to appear suffices as proof of 45 service.

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