(Reprinted with amendments adopted on May 26, 2023)
THIRD REPRINT S.B. 104
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SENATE BILL NO. 104–COMMITTEE ON
GROWTH AND INFRASTRUCTURE
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON JUDICIARY)
PREFILED FEBRUARY 2, 2023
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions relating to traffic offenses.
(BDR 43-309)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to vehicles; revising provisions relating to certain
traffic and related violations; revising provisions relating
to the suspension of the driver’s license of a person; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
During the 2021 Legislative Session, the Legislature enacted Assembly Bill 1
No. 116 (A.B. 116), which established civil penalties for certain traffic and related 2
violations and enacted procedures for the adjudication of such violations. 3
(Assembly Bill No. 116, chapter 506, Statutes of Nevada 2021, at page 3297) The 4
procedures for the adjudication of civil infractions prescribed by A.B. 116 were 5
based, in part, on the procedures for the adjudication of criminal violations 6
prescribed by chapter 176 of NRS. 7
During the 2021 Legislative Session, the Legislature also enacted Senate Bill 8
No. 219 (S.B. 219), which revised certain statutory provisions upon which the 9
requirements prescribed by A.B. 116 were based by removing the authority of a 10
court to suspend the driver’s license of a defendant or prohibit a defendant from 11
applying for a driver’s license for a specified period as a result of any delinquent 12
fine, administrative assessment, fee or restitution owed. (Senate Bill No. 219, 13
chapter 505, Statutes of Nevada 2021, at page 3292) 14
Section 2 of this bill makes a technical change to align provisions relating to 15
the adjudication of certain traffic and related civil infractions with the changes 16
made by S.B. 219. Specifically, section 2 removes the authority of a court to order 17
the suspension of the driver’s license of a person or prohibit a person from applying 18
for a driver’s license for a specified period as a result of a delinquent fine, 19
administrative assessment or fee associated with a civil penalty imposed for a 20
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traffic or related violation. (NRS 484A.7047) Section 1 of this bill makes a 21
conforming change relating to the removal of the authority of a court to suspend the 22
driver’s license of a person pursuant to section 2. 23
Section 3 of this bill provides that if, on or after the effective date of this bill, a 24
person is subject to a suspension of his or her driver’s license or a delay in the 25
issuance of a driver’s license imposed for failure to pay a delinquent fine, 26
administrative assessment or fee, the Department of Motor Vehicles must: (1) 27
immediately reinstate the driver’s license of the person or the ability of the person 28
to apply for the issuance of a driver’s license; and (2) notify the person, as soon as 29
possible, of the reinstatement of his or her driver’s license or ability to apply for the 30
issuance of a driver’s license. Section 3 also provides that the Department may not 31
charge any fee for such reinstatement of a driver’s license or require a person to 32
undergo any physical or mental examination to be eligible for such reinstatement of 33
a driver’s license. 34
Existing law prescribes the required contents of traffic citations and civil 35
infraction citations. (NRS 484A.630, 484A.7035) Sections 1.3 and 1.4 of this bill 36
revise the required contents of such citations. 37
Existing law provides that the juvenile court has exclusive original jurisdiction 38
over a child who is alleged to have committed an act designated as a delinquent act, 39
unless an exception applies. (NRS 62B.330, 62B.390) Under existing law, certain 40
offenses are not considered delinquent acts and are therefore excluded from the 41
jurisdiction of the juvenile court. (NRS 62B.330) Section 2.76 of this bill provides 42
that violations of law that are punishable as civil infractions are not considered 43
delinquent acts and are therefore excluded from the jurisdiction of the juvenile 44
court. Existing law grants justice courts and municipal courts jurisdiction to hear 45
and dispose of violations of law that are punishable as civil infractions. (NRS 46
4.370, 5.050) Therefore, section 2.76 clarifies that justice courts and municipal 47
courts have jurisdiction to hear and dispose of violations of law that are punishable 48
as civil infractions, regardless of the age of the person alleged to have committed 49
the violation. 50
Existing law authorizes a peace officer to request the electronic mail address 51
and mobile telephone number of a person to whom a traffic citation is issued for the 52
purpose of enabling the court in which the person is required to appear to 53
communicate with the person. (NRS 484A.630) Section 1.4 similarly authorizes a 54
peace officer to request the electronic mail address and mobile telephone number of 55
a person to whom a civil infraction citation is issued for the same purpose. 56
Existing law requires a court to send certain notice to a person who receives a 57
civil infraction citation. (NRS 484A.704) Section 1.6 of this bill requires this notice 58
to include certain information regarding any online program of dispute resolution 59
established by the court. 60
Existing law: (1) authorizes certain courts and traffic violations bureaus to 61
establish a system through which certain persons may perform certain actions 62
related to a traffic citation or civil infraction citation; and (2) prescribes certain 63
requirements relating to any such system. (NRS 484A.615) Section 1.2 of this bill 64
additionally requires any such system to be capable of allowing certain persons to 65
submit the state registration number of the vehicle the person was driving when the 66
citation was issued. 67
Existing law requires a person who receives a civil infraction citation to 68
respond to the citation within 90 days after the date on which the citation is issued. 69
Section 1.6 instead requires such a person to respond to the citation within 90 days 70
after the date on which the citation is issued or filed with the court, whichever is 71
later. Section 1.4 makes a conforming change relating to the revised deadline set 72
forth in section 1.6. 73
Under existing law, if a person receiving a civil infraction citation does not 74
contest the determination that the person has committed the civil infraction set forth 75
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in the citation, the person must respond to the citation by: (1) indicating that the 76
person does not contest the determination; and (2) submitting full payment of the 77
monetary penalty specified in the citation. (NRS 484A.704) Section 1.6 revises this 78
requirement by authorizing such a person to request that the court waive or reduce 79
the monetary penalty specified in the citation or enter into a payment plan with the 80
person in lieu of requiring the person to submit full payment of the monetary 81
penalty specified in the citation. Section 1.8 of this bill authorizes the court to 82
waive or reduce the monetary penalty or enter into a payment plan with a person 83
who submits a request pursuant to section 1.6 under certain circumstances. 84
Existing law establishes the procedures for a hearing at which a person may 85
contest whether the person committed a violation set forth in a civil infraction 86
citation and generally requires the person to post a bond in an amount equal to the 87
monetary penalty, administrative assessments and fees specified in the civil 88
infraction citation or alternatively deposit such an amount in cash with the court. 89
(NRS 484A.7041) Section 1.7 of this bill eliminates the requirement that a person 90
who requests a hearing must post a bond or deposit cash with the court. 91
Existing law authorizes a court having jurisdiction over a civil infraction to 92
reduce any moving violation for which a person was issued a civil infraction 93
citation to a nonmoving violation if the court determines that any circumstances 94
warrant such a reduction. (NRS 484A.7043) Section 1.8 clarifies that the court is 95
not required to hold a hearing before reducing a moving violation to a nonmoving 96
violation. 97
Under existing law, any civil penalty assessed against a person who is found to 98
have committed a civil infraction must be paid to: (1) the treasurer of the city in 99
which the civil infraction occurred; or (2) if the civil infraction did not occur in a 100
city, the treasurer of the county in which the civil infraction occurred. 101
(NRS 484A.7043) Section 1.8 instead requires any such civil penalty to be paid to 102
the treasurer of the city or county, as applicable, in which the civil infraction 103
citation was filed. 104
Existing law: (1) authorizes a prosecuting attorney to elect to treat certain 105
traffic and related offenses that are punishable as a misdemeanor instead as a civil 106
infraction; and (2) provides a procedure for making such an election. Pursuant to 107
this procedure, existing law requires the prosecuting attorney to make the election 108
on or before the time scheduled for the first appearance of the defendant. (NRS 109
484A.7049) Section 2.2 of this bill: (1) authorizes the prosecuting attorney to make 110
the election at any time before the court enters a judgment of conviction; and (2) 111
eliminates certain procedural requirements relating to making such an election. 112
Section 2.2 also authorizes the district attorney or city attorney of any county or 113
city, respectively, to authorize a traffic enforcement agency over whom the district 114
attorney or city attorney has jurisdiction to elect to treat certain traffic and related 115
offenses that are punishable as a misdemeanor instead as a civil infraction. Finally, 116
section 2.2 provides that a bench warrant may not be issued for a violation that is 117
treated as a civil infraction. 118
Existing law authorizes a peace officer to arrest a person without a warrant if 119
the peace officer has reasonable cause for believing that the person has committed 120
homicide by vehicle, certain offenses involving driving under the influence and 121
certain other traffic and related offenses. (NRS 484A.710) Section 2.6 of this bill 122
authorizes a peace officer who has reasonable cause for believing that a person has 123
committed a violation for which existing law authorizes the peace officer to arrest a 124
person to also arrest the person without a warrant for an offense that is punishable 125
as a civil infraction. Section 2.4 of this bill makes a conforming change relating to 126
arrests authorized by section 2.6. 127
Existing law establishes the jurisdiction of justice courts. (NRS 4.370) Section 128
2.67 of this bill authorizes the justice court to transfer original jurisdiction of a civil 129
infraction to the district court or juvenile court if: (1) the person charged with the 130
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civil infraction is a person under 18 years of age; and (2) the district court or 131
juvenile court, as applicable, approves the transfer. 132
Existing law provides certain persons with immunity from liability for certain 133
acts or omissions under certain circumstances. (Chapter 41 of NRS) Section 2.7 of 134
this bill provides that a prosecuting attorney who prosecutes a person charged with 135
a civil infraction or a violation of a traffic ordinance that is punishable by the 136
imposition of a civil penalty is immune from liability to the same extent as a 137
prosecuting attorney who prosecutes a person charged with violating a criminal law 138
of this State. Sections 2.72 and 2.74 of this bill make conforming changes to 139
indicate the proper placement of section 2.7 in the Nevada Revised Statutes. 140
Section 2.8 of this bill authorizes a board of county commissioners to provide 141
by ordinance that a violation of a traffic ordinance enacted by the board imposes a 142
civil penalty instead of a criminal sanction. 143
Section 2.9 of this bill requires the Department of Public Safety, in consultation 144
with law enforcement agencies and courts of this State, to: (1) study best practices 145
for developing and implementing a standardized, statewide uniform civil infraction 146
citation; and (2) submit its findings and recommendations for legislation to the 147
Joint Interim Standing Committee on the Judiciary. Section 2.95 of this bill 148
requires justice courts and municipal courts, on or before January 1, 2024, to adopt 149
rules governing the practice and procedure for setting aside a default judgment in 150
an action relating to a civil infraction. 151
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.443 is hereby amended to read as follows: 1
483.443 1. The Department shall, upon receiving notification 2
from a district attorney or other public agency collecting support for 3
children pursuant to NRS 425.510 that a court has determined that a 4
person: 5
(a) Has failed to comply with a subpoena or warrant relating to a 6
proceeding to establish paternity or to establish or enforce an 7
obligation for the support of a child; or 8
(b) Is in arrears in the payment for the support of one or more 9
children, 10
send a written notice to that person that his or her driver’s license 11
is subject to suspension. 12
2. The notice must include: 13
(a) The reason for the suspension of the license; 14
(b) The information set forth in subsections 3, 5 and 6; and 15
(c) Any other information the Department deems necessary. 16
3. If a person who receives a notice pursuant to subsection 1 17
does not, within 30 days after receiving the notice, comply with the 18
subpoena or warrant or satisfy the arrearage as required in NRS 19
425.510, the Department shall suspend the license without providing 20
the person with an opportunity for a hearing. 21
4. The Department shall suspend immediately the license of a 22
defendant if so ordered pursuant to NRS 62B.420 . [or 484A.7047.] 23
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5. The Department shall reinstate the driver’s license of a 1
person whose license was suspended pursuant to this section if it 2
receives: 3
(a) A notice from : [any of the following:] 4
(1) The district attorney or other public agency pursuant to 5
NRS 425.510 that the person has complied with the subpoena or 6
warrant or has satisfied the arrearage pursuant to that section ; [.] 7
(2) A traffic commissioner, referee, hearing master, 8
municipal judge, justice of the peace or district judge, as applicable 9
[, that a delinquency for which the suspension was ordered pursuant 10
to NRS 484A.7047 has been discharged.] ; or 11
(3) A judge of the juvenile court that an unsatisfied civil 12
judgment for which the suspension was ordered pursuant to NRS 13
62B.420 has been satisfied; and 14
(b) Payment of the fee for reinstatement of a suspended license 15
prescribed in NRS 483.410. 16
6. The Department shall not require a person whose driver’s 17
license was suspended pursuant to this section to submit to the tests 18
and other requirements which are adopted by regulation pursuant to 19
subsection 1 of NRS 483.495 as a condition of the reinstatement of 20
the license. 21
Sec. 1.2. NRS 484A.615 is hereby amended to read as 22
follows: 23
484A.615 1. A court having jurisdiction over an offense for 24
which a traffic citation must be issued pursuant to NRS 484A.630 or 25
that is punishable as a civil infraction pursuant to NRS 484A.703 to 26
484A.705, inclusive, or its traffic violations bureau may establish a 27
system by which, except as otherwise provided in subsection 6, the 28
court or traffic violations bureau may allow: 29
(a) A person who has been issued a traffic citation or a civil 30
infraction citation that is filed with the court or traffic violations 31
bureau to perform certain actions approved by the court or traffic 32
violations bureau, including, without limitation, to make a plea and 33
state his or her defense or, if authorized, any mitigating 34
circumstances, by mail, by electronic mail, over the Internet or by 35
other electronic means. 36
(b) A peace officer who issued a civil infraction citation to a 37
person or, if the provisions of NRS 484A.7049 apply, a peace 38
officer who halted a person, to perform certain actions approved by 39
the court or traffic violations bureau, including, without limitation, 40
to submit a written statement under oath by mail, by electronic mail, 41
over the Internet or by other electronic means in lieu of his or her 42
personal appearance at the hearing held pursuant to NRS 484A.7041 43
to contest the determination that the person who has been issued the 44
civil infraction citation committed a civil infraction. 45
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2. Except as otherwise provided in subsection 6, if a court or 1
traffic violations bureau has established a system pursuant to 2
subsection 1, the court or traffic violations bureau may allow: 3
(a) A person described in paragraph (a) of subsection 1 to use 4
the system to perform certain actions approved by the court or 5
traffic violations bureau, including, without limitation, to make a 6
plea or state his or her defense or, if authorized, any mitigating 7
circumstances in lieu of making a plea and statement of his or her 8
defense or any mitigating circumstances in court. 9
(b) A peace officer described in paragraph (b) of subsection 1 to 10
use the system to perform certain actions approved by the court or 11
traffic violations bureau, including, without limitation, to submit a 12
written statement under oath in lieu of making a personal 13
appearance in court. 14
3. Any plea or statement submitted through the system by a 15
person or peace officer pursuant to subsection 2 must be received by 16
the court before the date on which the person is required to appear in 17
court pursuant to the traffic citation or civil infraction citation. 18
4. If a court or traffic violations bureau allows an eligible 19
person to whom a traffic citation or civil infraction citation is issued 20
to use a system established pursuant to subsection 1 to make a plea 21
and state his or her defense or, if authorized, any mitigating 22
circumstances and the person chooses to make a plea and state his or 23
her defense or any mitigating circumstances by using such a system, 24
the person waives any relevant constitutional right, including, 25
without limitation, the right to a trial, the right to confront any 26
witnesses and the right to counsel, as applicable. 27
5. Any system established pursuant to subsection 1 must: 28
(a) For the purpose of authenticating that the person making the 29
plea and statement of his or her defense or any mitigating 30
circumstances or performing any other approved action is the person 31
to whom the traffic citation or civil infraction citation was issued, be 32
capable of requiring the person to submit any of the following 33
information, as applicable, at the discretion of the court or traffic 34
violations bureau: 35
(1) The traffic citation number or civil infraction citation 36
number; 37
(2) The name and address of the person; 38
(3) The state registration number of the [person’s] vehicle [,] 39
the person was driving when the traffic citation or civil infraction 40
citation was issued, if any; 41
(4) The number of the driver’s license of the person, if any; 42
(5) The offense charged or the civil infraction for which the 43
citation was issued; and 44
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(6) Any other information required by any rules adopted by 1
the Nevada Supreme Court pursuant to subsection 7. 2
(b) For the purposes of authenticating that the peace officer 3
submitting the written statement or performing any other approved 4
action is the peace officer who issued the civil infraction citation, be 5
capable of requiring the peace officer to submit any of the following 6
information at the discretion of the court or traffic violations bureau: 7
(1) The civil infraction citation number; 8
(2) The civil infraction for which the citation was issued; and 9
(3) The first initial, last name and personnel number of the 10
peace officer. 11
(c) Provide notice to each person who uses the system to make a 12
plea and statement of his or her defense or any mitigating 13
circumstances that the person waives any relevant constitutional 14
right, including, without limitation, the right to a trial, the right to 15
confront any witnesses and the right to counsel, as applicable. 16
(d) If a plea and statement of the defense or mitigating 17
circumstances of a person or a written statement of a peace officer is 18
submitted by electronic mail, over the Internet or by other electronic 19
means: 20
(1) Confirm receipt of: 21
(I) The plea and statement to the person making the plea; 22
and 23
(II) The written statement to the peace officer; or 24
(2) Make available to: 25
(I) The person making the plea a copy of the plea and 26
statement; and 27
(II) The peace officer submitting the written statement a 28
copy of the written statement. 29
6. A person who has been issued a traffic citation for any of the 30
following offenses may not make a plea and state his or her defense 31
or any mitigating circumstances by using a system established 32
pursuant to subsection 1: 33
(a) Aggressive driving in violation of NRS 484B.650; 34
(b) Reckless driving in violation of NRS 484B.653; 35
(c) Vehicular manslaughter in violation of NRS 484B.657; or 36
(d) Driving, operating or being in actual physical control of a 37
vehicle while under the influence of intoxicating liquor or a 38
controlled substance in violation of NRS 484C.110 or 484C.120, as 39
applicable. 40
7. The Nevada Supreme Court may adopt rules not inconsistent 41
with the laws of this State to carry out the provisions of this section. 42
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Sec. 1.3. NRS 484A.630 is hereby amended to read as 1
follows: 2
484A.630 1. Whenever a person is halted by a peace officer 3
for any violation of chapters 484A to 484E, inclusive, of NRS and is 4
not taken before a magistrate as required or permitted by NRS 5
484A.720 and 484A.730, the peace officer must prepare a traffic 6
citation manually or electronically in the form of a complaint 7
issuing in the name of “The State of Nevada,” containing a notice to 8
appear in court, the name and address of the person, the state 9
registration number of the [person’s] vehicle [,] the person was 10
driving when the citation was issued, if any, the number of the 11
person’s driver’s license, if any, the offense charged, including a 12
brief description of the offense and the NRS citation, the time and 13
place when and where the person is required to appear in court, and 14
such other pertinent information as may be necessary. The peace 15
officer may also request, and the person may provide, the electronic 16
mail address and mobile telephone number of the person for the 17
purpose of enabling the court in which the person is required to 18
appear to communicate with the person. If the peace officer requests 19
such information, the peace officer shall expressly inform the person 20
that providing such information is voluntary and, if the person 21
provides such information, the person thereby gives his or her 22
consent for the court to communicate with the person through such 23
means. The peace officer shall sign the citation and deliver a copy of 24
the citation to the person charged with the violation. If the citation is 25
prepared electronically, the peace officer shall sign the copy of the 26
citation that is delivered to the person charged with the violation. 27
2. The time specified in the notice to appear must be at least 5 28
days after the alleged violation. 29
3. The place specified in the notice to appear must be before a 30
magistrate, as designated in NRS 484A.750. 31
4. The person charged with the violation may give his or her 32
written promise to appear in court by signing or physically receiving 33
at least one copy of the traffic citation prepared by the peace officer 34
and thereupon the peace officer shall not take the person into 35
physical custody for the violation. If the citation is prepared 36
electronically, the peace officer shall indicate on the electronic 37
record of the citation whether the person charged gave his or her 38
written promise to appear. A copy of the citation that is signed by 39
the person charged or the electronic record of the citation which 40
indicates that the person charged gave his or her written promise to 41
appear suffices as proof of service. 42
5. If the person charged with the violation refuses to sign a 43
copy of the traffic citation but physically receives a copy of the 44
citation delivered by the peace officer: 45
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(a) The receipt shall be deemed personal service of the notice to 1
appear in court; 2
(b) A copy of the citation signed by the peace officer suffices as 3
proof of service; and 4
(c) The peace officer shall not take the person into physical 5
custody for the violation. 6
Sec. 1.4. NRS 484A.7035 is hereby amended to read as 7
follows: 8
484A.7035 1. When a person is halted by a peace officer in 9
this State for any violation of chapters 483 to 484E, inclusive, 486 10
or 490 of NRS that is a civil infraction, or, if authorized by a traffic 11
enforcement agency pursuant to NRS 484A.7049, for a violation 12
of certain such provisions that is punishable as a misdemeanor, or 13
a prosecuting attorney elects to treat a violation of chapters 483 to 14
484E, inclusive, 486 or 490 of NRS that is punishable as a 15
misdemeanor instead as a civil infraction in accordance with NRS 16
484A.7049, the peace officer or prosecuting attorney, as applicable, 17
may prepare a civil infraction citation manually or electronically in 18
the form of a complaint issuing in the name of “The State of 19
Nevada,” containing : [, except as otherwise provided in paragraph 20
(a) of subsection 2 of NRS 484A.7049:] 21
(a) A statement that the citation represents a determination by a 22
peace officer or prosecuting attorney that a civil infraction has been 23
committed by the person named in the citation and that the 24
determination will be final unless contested as provided in NRS 25
484A.703 to 484A.705, inclusive; 26
(b) A statement that a civil infraction is not a criminal offense; 27
(c) The name, date of birth, residential address and mailing 28
address, if different from the residential address, telephone number 29
and electronic mail address of the person who is being issued the 30
citation and an indication as to whether the person has agreed to 31
receive communications relating to the civil infraction by text 32
message; 33
(d) The state registration number of the [person’s] vehicle [,] the 34
person was driving when the citation was issued, if any; 35
(e) The number of the person’s driver’s license, if any; 36
(f) The civil infraction for which the citation was issued; 37
(g) The personnel number or other unique agency identification 38
number of the peace officer issuing the citation [and the address and 39
phone number of the agency which employs the peace officer] or, if 40
a prosecuting attorney is issuing the citation, the personnel number 41
or other unique agency identification number of the peace officer 42
who halted the person for the violation or the volunteer appointed 43
pursuant to NRS 484B.470 who issued the citation [and the address 44
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and phone number of the agency which employs the peace officer or 1
volunteer,] preprinted or printed legibly on the citation; 2
(h) A statement of the options provided pursuant to NRS 3
484A.703 to 484A.705, inclusive, for responding to the citation and 4
the procedures necessary to exercise these options; 5
(i) A statement that, at any hearing to contest the determination 6
set forth in the citation, the facts that constitute the infraction must 7
be proved by a preponderance of the evidence and the person may 8
subpoena witnesses, including, without limitation, the peace officer 9
or duly authorized member or volunteer of a traffic enforcement 10
agency who issued the citation or halted the person; and 11
(j) A statement that the person must respond to the citation as 12
provided in NRS 484A.703 to 484A.705, inclusive, within 90 13
calendar days [.] after the date on which the citation is issued or 14
filed with the court, whichever is later. 15
2. The peace officer may also request, and the person may 16
provide, the electronic mail address and mobile telephone number 17
of the person for the purpose of enabling the court in which the 18
person is required to appear to communicate with the person. If 19
the peace officer requests such information, the peace officer shall 20
expressly inform the person that providing such information is 21
voluntary and, if the person provides such information, the person 22
thereby gives his or her consent for the court to communicate with 23
the person through such means. 24
3. A peace officer who issues a civil infraction citation 25
pursuant to subsection 1 shall sign the citation and deliver a copy of 26
the citation to the person charged with the civil infraction. If the 27
citation is prepared electronically, the peace officer shall sign the 28
copy of the citation that is delivered to the person charged with 29
the violation. 30
[3.] 4. A civil infraction citation may be served by delivering a 31
copy of the citation to the person charged with the civil infraction 32
pursuant to this section or NRS 484A.7049. The acceptance of a 33
civil infraction citation by the person charged with the civil 34
infraction shall be deemed personal service of the citation and a 35
copy of the citation signed by the peace officer or prosecuting 36
attorney, as applicable, constitutes proof of service. If a person 37
charged with a civil infraction refuses to accept a civil infraction 38
citation, the copy of the citation signed by the peace officer or 39
prosecuting attorney, as applicable, constitutes proof of service. 40
Sec. 1.6. NRS 484A.704 is hereby amended to read as 41
follows: 42
484A.704 1. Any person who receives a civil infraction 43
citation pursuant to NRS 484A.7035 or 484A.7049 shall respond to 44
the citation as provided in this section not later than 90 calendar 45
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days after the date on which the citation is issued [.] or filed with 1
the court, whichever is later. 2
2. If a person receiving a civil infraction citation does not 3
contest the determination that the person has committed the civil 4
infraction set forth in the citation, the person must respond to the 5
citation by indicating that the person does not contest the 6
determination and submitting [full] in person, by mail or through 7
the Internet or other electronic means: 8
(a) Full payment of the monetary penalty, the administrative 9
assessment and any fees to the court specified in the citation, or its 10
traffic violations bureau [, in person, by mail or through the Internet 11
or other electronic means.] ; or 12
(b) A request that the court waive or reduce the monetary 13
penalty or enter into a payment plan with the person, if the person 14
believes that full payment of the monetary penalty and 15
administrative assessment is excessive in relation to his or her 16
financial resources or is not within his or her present financial 17
ability to pay. Such a request must include any supporting 18
documentation. 19
3. If a person receiving a civil infraction citation wishes to 20
contest the determination that the person has committed the civil 21
infraction set forth in the citation, the person must respond by 22
requesting in person, by mail or through the Internet or other 23
electronic means a hearing for that purpose. The court shall notify 24
the person in writing of the time, place and date of the hearing, 25
but the date of the hearing must not be earlier than 9 calendar days 26
after the court provides notice of the hearing. 27
4. Except as otherwise provided in [this] subsection [,] 5, not 28
less than 30 days before the deadline for a person to respond to a 29
civil infraction citation, the court must send to the address or 30
electronic mail address of the person, as indicated on the civil 31
infraction citation issued to the person [, a] : 32
(a) A reminder that the person must respond to the civil 33
infraction citation within 90 calendar days after the date on which 34
the civil infraction citation is issued [.] or filed with the court, 35
whichever is later; and 36
(b) If the court has established an online program of dispute 37
resolution, notice of the availability of the program and 38
instructions for participation in the program. 39
5. If the person agreed to receive communications relating to 40
the civil infraction by text message, the court may send [such a] the 41
notice required by subsection 4 to the telephone number of the 42
person as indicated on the civil infraction citation. 43
6. If the person does not respond to the civil infraction citation 44
in the manner specified by subsection 2 or 3 within 90 calendar days 45
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after the date on which the civil infraction citation is issued [,] or 1
filed with the court, whichever is later, the court must enter an 2
order pursuant to NRS 484A.7043 finding that the person 3
committed the civil infraction and assessing the monetary penalty 4
and administrative assessments prescribed for the civil infraction. A 5
person who has been issued a civil infraction citation and who fails 6
to respond to the civil infraction citation as required by this section 7
may not appeal an order entered pursuant to this section. 8
[5.] 7. If any person issued a civil infraction citation fails to 9
appear at a hearing requested pursuant to subsection 3, the court 10
must enter an order pursuant to NRS 484A.7043 finding that the 11
person committed the civil infraction and assessing the monetary 12
penalty and administrative assessments prescribed for the civil 13
infraction. A person who has been issued a civil infraction citation 14
and who fails to appear at a hearing requested pursuant to subsection 15
3 may not appeal an order entered pursuant to this subsection. 16
[6.] 8. In addition to any other penalty imposed, any person 17
who is found by the court to have committed a civil infraction 18
pursuant to subsection [5] 7 shall pay the witness fees, per diem 19
allowances, travel expenses and other reimbursement in accordance 20
with NRS 50.225. 21
[7.] 9. If a court has established a system pursuant to NRS 22
484A.615, any person issued a civil infraction citation may, if 23
authorized by the court, use the system to perform any applicable 24
actions pursuant to this section. 25
Sec. 1.7. NRS 484A.7041 is hereby amended to read as 26
follows: 27
484A.7041 1. If, pursuant to subsection 3 of NRS 484A.704, 28
a person receiving a civil infraction citation requests a hearing to 29
contest the determination that the person has committed the civil 30
infraction set forth in the citation, the hearing must be conducted in 31
accordance with this section. 32
2. [Except as otherwise provided in this subsection, before a 33
hearing to contest the determination that a person has committed a 34
civil infraction, the court shall require the person to post a bond 35
equal to the amount of the full payment of the monetary penalty, the 36
administrative assessment and any fees specified in the civil 37
infraction citation. In lieu of posting such a bond, the person may 38
instead deposit cash with the court in the amount of the bond 39
required pursuant to this subsection. Any bond posted or cash 40
deposited with the court pursuant to this subsection must be 41
forfeited upon the court’s finding that the person committed the civil 42
infraction. Any person whom the court determines is unable to pay 43
the costs of defending the action or is a client of a program for legal 44
aid in accordance with NRS 12.015 must not be required to post a 45
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bond or deposit cash with the court in accordance with this 1
subsection. 2
3.] The person who requested the hearing may, at his or her 3
expense, be represented by counsel, and a city attorney or district 4
attorney, in his or her discretion and as applicable, may represent the 5
plaintiff. 6
[4.] 3. A hearing conducted pursuant to this section must be 7
conducted by the court without a jury. In lieu of the personal 8
appearance at the hearing by the peace officer who issued the civil 9
infraction citation, the court may consider the information contained 10
in the civil infraction citation and any other written statement 11
submitted under oath by the peace officer. If the court has 12
established a system pursuant to NRS 484A.615, the peace officer 13
may, if authorized by the court, use the system to submit such a 14
statement. The person named in the civil infraction citation may 15
subpoena witnesses, including, without limitation, the peace officer 16
who issued the citation, and has the right to present evidence and 17
examine witnesses present in court. 18
[5.] 4. After consideration of the evidence and argument, the 19
court shall determine whether a civil infraction was committed by 20
the person named in the civil infraction citation. The court must find 21
by a preponderance of the evidence that the person named in the 22
civil infraction citation committed a civil infraction. If it has not 23
been established by a preponderance of the evidence that the 24
infraction was committed by the person named in the citation, the 25
court must enter an order dismissing the civil infraction citation in 26
the court’s records. If it has been established by a preponderance of 27
the evidence that the infraction was committed, the court must enter 28
in the court’s records an order pursuant to NRS 484A.7043. 29
[6.] 5. An appeal from the court’s determination or order may 30
be taken in the same manner as any other civil appeal from a 31
municipal court or justice court, as applicable, except that: 32
(a) The notice of appeal must be filed not later than 7 calendar 33
days after the court enters in the court’s records an order pursuant to 34
NRS 484A.7043; 35
(b) If the appellant is the person charged with the civil 36
infraction, any bond required to be given by the appellant in order to 37
secure a stay of execution of the order of the court during the 38
pendency of the appeal must equal the amount of the monetary 39
penalty and administrative assessments which the court has ordered 40
the appellant to pay pursuant to NRS 484A.7043. Any bond must be 41
forfeited if the order of the court is affirmed on appeal; and 42
(c) If a prosecuting attorney does not represent the plaintiff 43
during the proceedings in the justice court or municipal court, the 44
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appellate court shall review the record and any arguments presented 1
by the person charged with the civil infraction and render a decision. 2
Sec. 1.8. NRS 484A.7043 is hereby amended to read as 3
follows: 4
484A.7043 1. Except as otherwise provided in this section, a 5
person who is found to have committed a civil infraction shall be 6
punished by a civil penalty of not more than $500 per violation 7
unless a greater civil penalty is authorized by specific statute. 8
Except as otherwise provided in NRS 484A.792, any civil penalty 9
collected pursuant to NRS 484A.703 to 484A.705, inclusive, must 10
be paid to: 11
(a) The treasurer of the city in which the civil infraction 12
[occurred;] citation was filed; or 13
(b) If the civil infraction did not occur in a city, the treasurer of 14
the county in which the civil infraction [occurred.] citation was 15
filed. 16
2. If a person is found to have committed a civil infraction, in 17
addition to any civil penalty imposed on the person, the court shall 18
order the person to pay the administrative assessments set forth in 19
NRS 176.059, 176.0611, 176.0613 and 176.0623 in the amount that 20
the person would be required to pay if the civil penalty were a fine 21
imposed on a defendant who pleads guilty or guilty but mentally ill 22
or is found guilty or guilty but mentally ill of a misdemeanor. If, in 23
lieu of a civil penalty, the court authorizes a person to successfully 24
complete a course of traffic safety approved by the Department of 25
Motor Vehicles, the court must order the person to pay the amount 26
of the administrative assessment that corresponds to the civil penalty 27
for which the defendant would have otherwise been responsible. 28
The administrative assessments imposed pursuant to this subsection 29
must be collected and distributed in the same manner as the 30
administrative assessments imposed and collected pursuant to NRS 31
176.059, 176.0611, 176.0613 and 176.0623. 32
3. If the court determines that a civil penalty or administrative 33
assessment specified in the civil infraction citation or imposed 34
pursuant to this section is: 35
(a) Excessive in relation to the financial resources of the 36
defendant, the court may waive or reduce the monetary penalty 37
accordingly. 38
(b) Not within the defendant’s present financial ability to pay, 39
the court may enter into a payment plan with the person. 40
4. A court having jurisdiction over a civil infraction pursuant to 41
NRS 484A.703 to 484A.705, inclusive, may: 42
(a) In addition to ordering a person who is found to have 43
committed a civil infraction to pay a civil penalty and administrative 44
assessments pursuant to this section, order the person to successfully 45
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complete a course of traffic safety approved by the Department of 1
Motor Vehicles. 2
(b) Waive or reduce the civil penalty that a person who is found 3
to have committed a civil infraction would otherwise be required to 4
pay if the court determines that any circumstances warrant such a 5
waiver or reduction. 6
(c) Reduce any moving violation for which a person was issued 7
a civil infraction citation to a nonmoving violation if the court 8
determines that any circumstances warrant such a reduction. 9
5. Nothing in this section shall be construed to require a 10
court having jurisdiction over a civil infraction pursuant to NRS 11
484A.703 to 484A.705, inclusive, to hold a hearing before 12
reducing a moving violation for which a person was issued a civil 13
infraction citation to a nonmoving violation. 14
Sec. 2. NRS 484A.7047 is hereby amended to read as follows: 15
484A.7047 1. If a civil penalty, administrative assessment or 16
fee is imposed upon a person who is found to have committed a civil 17
infraction pursuant to NRS 484A.703 to 484A.705, inclusive, 18
whether or not the civil penalty, administrative assessment or fee is 19
in addition to any other punishment, and the civil penalty, 20
administrative assessment or fee or any part of it remains unpaid 21
after the time established by the court for its payment, the 22
delinquent person is liable for a collection fee, to be imposed by the 23
court at the time it finds that the civil penalty, administrative 24
assessment or fee is delinquent, of: 25
(a) Not more than $100, if the amount of the delinquency is less 26
than $2,000. 27
(b) Not more than $500, if the amount of the delinquency is 28
$2,000 or greater, but is less than $5,000. 29
(c) Ten percent of the amount of the delinquency, if the amount 30
of the delinquency is $5,000 or greater. 31
2. The city or county that is responsible for collecting a 32
delinquent civil penalty, administrative assessment or fee may, in 33
addition to attempting to collect the delinquent amounts through any 34
other lawful means, contract with a collection agency licensed 35
pursuant to NRS 649.075 to collect the delinquent amounts owed by 36
a person who is found to have committed a civil infraction. The 37
collection agency must be paid as compensation for its services an 38
amount not greater than the amount of the collection fee imposed 39
pursuant to subsection 1 in accordance with the provisions of the 40
contract. 41
3. If a court finds that a person committed a civil infraction, the 42
civil penalty, administrative assessments and fees prescribed for the 43
civil infraction may be enforced in the manner provided by law for 44
the enforcement of a judgment for money rendered in a civil action 45
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except that the judgment and any lien for the judgment expires 10 1
years after the date the judgment was docketed and may not be 2
renewed. The court may [: 3
(a) Request] request that the city or county in which the court 4
has jurisdiction undertake collection of the delinquency, including, 5
without limitation, the original amount of the civil judgment entered 6
pursuant to this subsection and the collection fee, by attachment or 7
garnishment of the property, wages or other money receivable of the 8
delinquent person. 9
[(b) Order the suspension of the driver’s license of the 10
delinquent person. If the delinquent person does not possess a 11
driver’s license, the court may prohibit him or her from applying for 12
a driver’s license for a specified period. If the delinquent person is 13
already the subject of a court order suspending or delaying the 14
issuance of his or her driver’s license, the court may order the 15
additional suspension or delay, as appropriate, to apply 16
consecutively with the previous order. At the time the court issues 17
an order pursuant to this paragraph suspending the driver’s license 18
of a delinquent person or delaying the ability of a delinquent person 19
to apply for a driver’s license, the court shall, within 5 days after 20
issuing the order, forward to the Department a copy of the order. 21
The Department shall report a suspension pursuant to this paragraph 22
to an insurance company or its agent inquiring about the delinquent 23
person’s driving record, but such a suspension must not be 24
considered for the purpose of rating or underwriting.] 25
4. Money collected from a collection fee imposed pursuant to 26
subsection 1 must be distributed in the following manner: 27
(a) Except as otherwise provided in paragraph (c), if the money 28
is collected by or on behalf of a municipal court, the money must be 29
deposited in a special fund in the appropriate city treasury. The city 30
may use the money in the fund only to develop and implement a 31
program for the collection of civil penalties, administrative 32
assessments and fees and to hire additional personnel necessary for 33
the success of such a program. 34
(b) Except as otherwise provided in paragraph (c), if the money 35
is collected by or on behalf of a justice court, the money must be 36
deposited in a special fund in the appropriate county treasury. The 37
county may use the money in the special fund only to: 38
(1) Develop and implement a program for the collection of 39
civil penalties, administrative assessments and fees and to hire 40
additional personnel necessary for the success of such a program; or 41
(2) Improve the operations of a court by providing funding 42
for: 43
(I) A civil law self-help center; or 44
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(II) Court security personnel and equipment for a regional 1
justice center that includes the justice courts of that county. 2
(c) If the money is collected by a collection agency, after the 3
collection agency has been paid its fee pursuant to the terms of the 4
contract, any remaining money must be deposited in the state, city 5
or county treasury, whichever is appropriate, to be used only for the 6
purposes set forth in paragraph (a) or (b). 7
Sec. 2.2. NRS 484A.7049 is hereby amended to read as 8
follows: 9
484A.7049 1. A prosecuting attorney may , at any time 10
before a court having jurisdiction over the alleged offense enters a 11
judgment of conviction against a defendant, elect to treat a 12
violation of a provision of chapters 483 to 484E, inclusive, 486 or 13
490 of NRS that is punishable as a misdemeanor, other than a 14
violation of NRS 484C.110 or 484C.120, as a civil infraction 15
pursuant to NRS 484A.703 to 484A.705, inclusive. 16
2. The [prosecuting attorney shall make the election described 17
in subsection 1 on or before the time scheduled for the first 18
appearance of the defendant by: 19
(a) Preparing a civil infraction citation in accordance with 20
subsection 1 of NRS 484A.7035 that contains all applicable 21
information that is known to the prosecuting attorney, signing the 22
citation and filing the citation with a court having jurisdiction over 23
the alleged offense or with its traffic violations bureau; 24
(b) Filing notice of the prosecuting attorney’s election with the 25
court having jurisdiction of the underlying criminal charge; and 26
(c) Delivering a copy of the notice and citation to the defendant. 27
3. Upon the filing of a notice pursuant to paragraph (b) of 28
subsection 2, the court shall dismiss the underlying criminal charge.] 29
district attorney or city attorney of any county or city, respectively, 30
may authorize a traffic enforcement agency over whom the district 31
attorney or city attorney, as applicable, has jurisdiction to elect to 32
treat a violation of a provision of chapters 483 to 484E, inclusive, 33
486 or 490 of NRS that is punishable as a misdemeanor, other 34
than a violation of NRS 484C.110 or 484C.120, as a civil 35
infraction pursuant to NRS 484A.703 to 484A.705, inclusive. If so 36
authorized, a traffic enforcement agency may authorize a peace 37
officer employed by the agency to treat a violation of such 38
provisions as a civil infraction pursuant to NRS 484A.703 to 39
484A.705, inclusive. 40
3. A bench warrant may not be issued for a violation treated 41
as a civil infraction pursuant to this section. 42
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Sec. 2.4. NRS 484A.705 is hereby amended to read as 1
follows: 2
484A.705 Notwithstanding any other provision of law, if a 3
person commits a violation of a provision of chapters 483 to 484E, 4
inclusive, 486 or 490 of NRS that is punishable as a civil infraction 5
while the person is under the influence of alcohol or a controlled 6
substance, the person may [instead] be [charged] : 7
1. Charged with a misdemeanor [.] ; and 8
2. Arrested, if authorized pursuant to NRS 484A.710. 9
Sec. 2.6. NRS 484A.710 is hereby amended to read as 10
follows: 11
484A.710 1. Any peace officer may, without a warrant, arrest 12
a person if the officer has reasonable cause for believing that the 13
person has committed [any] : 14
(a) Any of the following offenses: 15
[(a)] (1) Homicide by vehicle; 16
[(b)] (2) A violation of NRS 484C.110 or 484C.120; 17
[(c)] (3) A violation of NRS 484C.430; 18
[(d)] (4) A violation of NRS 484C.130; 19
[(e)] (5) Failure to stop, give information or render reasonable 20
assistance in the event of a crash resulting in death or personal 21
injuries in violation of NRS 484E.010 or 484E.030; 22
[(f)] (6) Failure to stop or give information in the event of a 23
crash resulting in damage to a vehicle or to other property legally 24
upon or adjacent to a highway in violation of NRS 484E.020 or 25
484E.040; 26
[(g)] (7) Reckless driving; 27
[(h)] (8) Driving a motor vehicle on a highway or on premises to 28
which the public has access at a time when the person’s driver’s 29
license has been cancelled, revoked or suspended; or 30
[(i)] (9) Driving a motor vehicle in any manner in violation of 31
the restrictions imposed in a restricted license issued to the person 32
pursuant to NRS 483.490. 33
(b) An offense that is punishable as a civil infraction, if the 34
officer has reasonable cause for believing that the person has 35
committed an offense listed in paragraph (a). 36
2. Whenever any person is arrested as authorized in this 37
section, the person must be taken without unnecessary delay before 38
the proper magistrate as specified in NRS 484A.750. 39
Sec. 2.65. NRS 484A.760 is hereby amended to read as 40
follows: 41
484A.760 Whenever any person is taken into custody by a 42
peace officer for the purpose of taking him or her before a 43
magistrate or court as authorized or required in chapters 484A to 44
484E, inclusive, of NRS upon any charge other than a felony or the 45
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offenses enumerated in [paragraphs (a) to (e),] subparagraphs (1) to 1
(5), inclusive, of paragraph (a) of subsection 1 of NRS 484A.710, 2
and no magistrate is available at the time of arrest, and there is no 3
bail schedule established by the magistrate or court and no lawfully 4
designated court clerk or other public officer who is available and 5
authorized to accept bail upon behalf of the magistrate or court, the 6
person must be released from custody upon the issuance to the 7
person of a misdemeanor citation or traffic citation and the person 8
signing a promise to appear, as provided in NRS 171.1773 or 9
484A.630, respectively, or physically receiving a copy of the traffic 10
citation, as provided in NRS 484A.630. 11
Sec. 2.67. NRS 4.370 is hereby amended to read as follows: 12
4.370 1. Except as otherwise provided in subsection 2, justice 13
courts have jurisdiction of the following civil actions and 14
proceedings and no others except as otherwise provided by specific 15
statute: 16
(a) In actions arising on contract for the recovery of money only, 17
if the sum claimed, exclusive of interest, does not exceed $15,000. 18
(b) In actions for damages for injury to the person, or for taking, 19
detaining or injuring personal property, or for injury to real property 20
where no issue is raised by the verified answer of the defendant 21
involving the title to or boundaries of the real property, if the 22
damage claimed does not exceed $15,000. 23
(c) Except as otherwise provided in paragraph (l), in actions for 24
a fine, penalty or forfeiture not exceeding $15,000, given by statute 25
or the ordinance of a county, city or town, where no issue is raised 26
by the answer involving the legality of any tax, impost, assessment, 27
toll or municipal fine. 28
(d) In actions upon bonds or undertakings conditioned for the 29
payment of money, if the sum claimed does not exceed $15,000, 30
though the penalty may exceed that sum. Bail bonds and other 31
undertakings posted in criminal matters may be forfeited regardless 32
of amount. 33
(e) In actions to recover the possession of personal property, if 34
the value of the property does not exceed $15,000. 35
(f) To take and enter judgment on the confession of a defendant, 36
when the amount confessed, exclusive of interest, does not exceed 37
$15,000. 38
(g) Of actions for the possession of lands and tenements where 39
the relation of landlord and tenant exists, when damages claimed do 40
not exceed $15,000 or when no damages are claimed. 41
(h) Of actions when the possession of lands and tenements has 42
been unlawfully or fraudulently obtained or withheld, when 43
damages claimed do not exceed $15,000 or when no damages are 44
claimed. 45
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(i) Of suits for the collection of taxes, where the amount of the 1
tax sued for does not exceed $15,000. 2
(j) Of actions for the enforcement of mechanics’ liens, where the 3
amount of the lien sought to be enforced, exclusive of interest, does 4
not exceed $15,000. 5
(k) Of actions for the enforcement of liens of owners of facilities 6
for storage, where the amount of the lien sought to be enforced, 7
exclusive of interest, does not exceed $15,000. 8
(l) In actions for a civil penalty imposed for a violation of 9
NRS 484D.680. 10
(m) Except as otherwise provided in this paragraph, in any 11
action for the issuance of a temporary or extended order for 12
protection against domestic violence pursuant to NRS 33.020. A 13
justice court does not have jurisdiction in an action for the issuance 14
of a temporary or extended order for protection against domestic 15
violence: 16
(1) In a county whose population is 100,000 or more and less 17
than 700,000; 18
(2) In any township whose population is 100,000 or more 19
located within a county whose population is 700,000 or more; 20
(3) If a district court issues a written order to the justice court 21
requiring that further proceedings relating to the action for the 22
issuance of the order for protection be conducted before the district 23
court; or 24
(4) Where the adverse party against whom the order is 25
sought is under 18 years of age. 26
(n) Except as otherwise provided in this paragraph, in any action 27
for the issuance of an emergency or extended order for protection 28
against high-risk behavior pursuant to NRS 33.570 or 33.580. A 29
justice court does not have jurisdiction in an action for the issuance 30
of an emergency or extended order for protection against high-risk 31
behavior: 32
(1) In a county whose population is 100,000 or more but less 33
than 700,000; 34
(2) In any township whose population is 100,000 or more 35
located within a county whose population is 700,000 or more; 36
(3) If a district court issues a written order to the justice court 37
requiring that further proceedings relating to the action for the 38
issuance of the order for protection be conducted before the district 39
court; or 40
(4) Where the adverse party against whom the order is 41
sought is under 18 years of age. 42
(o) In an action for the issuance of a temporary or extended 43
order for protection against harassment in the workplace pursuant to 44
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NRS 33.200 to 33.360, inclusive, where the adverse party against 1
whom the order is sought is 18 years of age or older. 2
(p) In small claims actions under the provisions of chapter 73 of 3
NRS. 4
(q) In actions to contest the validity of liens on mobile homes or 5
manufactured homes. 6
(r) In any action pursuant to NRS 200.591 for the issuance of a 7
protective order against a person alleged to be committing the crime 8
of stalking, aggravated stalking or harassment where the adverse 9
party against whom the order is sought is 18 years of age or older. 10
(s) In any action pursuant to NRS 200.378 for the issuance of a 11
protective order against a person alleged to have committed the 12
crime of sexual assault where the adverse party against whom the 13
order is sought is 18 years of age or older. 14
(t) In actions transferred from the district court pursuant to 15
NRS 3.221. 16
(u) In any action for the issuance of a temporary or extended 17
order pursuant to NRS 33.400. 18
(v) In any action seeking an order pursuant to NRS 441A.195. 19
(w) In any action to determine whether a person has committed 20
a civil infraction punishable pursuant to NRS 484A.703 to 21
484A.705, inclusive. Upon approval of the district court or juvenile 22
court, as applicable, the justice court may transfer original 23
jurisdiction of a civil infraction punishable pursuant to NRS 24
484A.703 to 484A.705, inclusive, to the district court or juvenile 25
court, as applicable, if the person charged with the civil infraction 26
is a person under 18 years of age. 27
2. The jurisdiction conferred by this section does not extend to 28
civil actions, other than for forcible entry or detainer, in which the 29
title of real property or mining claims or questions affecting the 30
boundaries of land are involved. 31
3. Justice courts have jurisdiction of all misdemeanors and no 32
other criminal offenses except as otherwise provided by specific 33
statute. Upon approval of the district court, a justice court may 34
transfer original jurisdiction of a misdemeanor to the district court 35
for the purpose of assigning an offender to a program established 36
pursuant to NRS 176A.250 or, if the justice court has not 37
established a program pursuant to NRS 176A.280, to a program 38
established pursuant to that section. 39
4. Except as otherwise provided in subsections 5, 6 and 7, in 40
criminal cases the jurisdiction of justices of the peace extends to the 41
limits of their respective counties. 42
5. A justice of the peace may conduct a pretrial release hearing 43
for a person located outside of the township of the justice of the 44
peace. 45
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6. In the case of any arrest made by a member of the Nevada 1
Highway Patrol, the jurisdiction of the justices of the peace extends 2
to the limits of their respective counties and to the limits of all 3
counties which have common boundaries with their respective 4
counties. 5
7. Each justice court has jurisdiction of any violation of a 6
regulation governing vehicular traffic on an airport within the 7
township in which the court is established. 8
Sec. 2.7. Chapter 41 of NRS is hereby amended by adding 9
thereto a new section to read as follows: 10
A prosecuting attorney who prosecutes a person charged with a 11
civil infraction or a violation of a traffic ordinance that is 12
punishable by imposition of a civil penalty is immune from 13
liability to the same extent as a prosecuting attorney who 14
prosecutes a person charged with violating a criminal law of this 15
State. 16
Sec. 2.72. NRS 41.0307 is hereby amended to read as follows: 17
41.0307 As used in NRS 41.0305 to 41.039, inclusive [:] , and 18
section 2.7 of this act: 19
1. “Employee” includes an employee of a: 20
(a) Part-time or full-time board, commission or similar body of 21
the State or a political subdivision of the State which is created by 22
law. 23
(b) Charter school. 24
(c) University school for profoundly gifted pupils described in 25
chapter 388C of NRS. 26
2. “Employment” includes any services performed by an 27
immune contractor. 28
3. “Immune contractor” means any natural person, professional 29
corporation or professional association which: 30
(a) Is an independent contractor with the State pursuant to NRS 31
333.700; and 32
(b) Contracts to provide medical services for the Department of 33
Corrections. 34
As used in this subsection, “professional corporation” and 35
“professional association” have the meanings ascribed to them in 36
NRS 89.020. 37
4. “Public officer” or “officer” includes: 38
(a) A member of a part-time or full-time board, commission or 39
similar body of the State or a political subdivision of the State which 40
is created by law. 41
(b) A public defender and any deputy or assistant attorney of a 42
public defender or an attorney appointed to defend a person for a 43
limited duration with limited jurisdiction. 44
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(c) A district attorney and any deputy or assistant district 1
attorney or an attorney appointed to prosecute a person for a limited 2
duration with limited jurisdiction. 3
Sec. 2.74. NRS 41.031 is hereby amended to read as follows: 4
41.031 1. The State of Nevada hereby waives its immunity 5
from liability and action and hereby consents to have its liability 6
determined in accordance with the same rules of law as are applied 7
to civil actions against natural persons and corporations, except as 8
otherwise provided in NRS 41.032 to 41.038, inclusive, and section 9
2.7 of this act, 485.318, subsection 3 and any statute which 10
expressly provides for governmental immunity, if the claimant 11
complies with the limitations of NRS 41.010 or the limitations of 12
NRS 41.032 to 41.036, inclusive. The State of Nevada further 13
waives the immunity from liability and action of all political 14
subdivisions of the State, and their liability must be determined in 15
the same manner, except as otherwise provided in NRS 41.032 to 16
41.038, inclusive, and section 2.7 of this act, subsection 3 and any 17
statute which expressly provides for governmental immunity, if the 18
claimant complies with the limitations of NRS 41.032 to 41.036, 19
inclusive. 20
2. An action may be brought under this section against the 21
State of Nevada or any political subdivision of the State. In any 22
action against the State of Nevada, the action must be brought in the 23
name of the State of Nevada on relation of the particular 24
department, commission, board or other agency of the State whose 25
actions are the basis for the suit. An action against the State of 26
Nevada must be filed in the county where the cause or some part 27
thereof arose or in Carson City. In an action against the State of 28
Nevada, the summons and a copy of the complaint must be served 29
upon: 30
(a) The Attorney General, or a person designated by the 31
Attorney General, at the Office of the Attorney General in Carson 32
City; and 33
(b) The person serving in the office of administrative head of the 34
named agency. 35
3. The State of Nevada does not waive its immunity from suit 36
conferred by Amendment XI of the Constitution of the United 37
States. 38
Sec. 2.76. NRS 62B.330 is hereby amended to read as follows: 39
62B.330 1. Except as otherwise provided in this title, the 40
juvenile court has exclusive original jurisdiction over a child living 41
or found within the county who is alleged or adjudicated to have 42
committed a delinquent act. 43
2. For the purposes of this section, a child commits a 44
delinquent act if the child: 45
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(a) Violates a county or municipal ordinance other than those: 1
(1) Specified in paragraph (f) or (g) of subsection 1 of 2
NRS 62B.320; 3
(2) Concerning an offense related to tobacco; or 4
(3) Relating to the consumption or possession of alcohol or 5
the possession of 1 ounce or less of marijuana that are punishable 6
pursuant to paragraph (a) of subsection 1 of NRS 62E.173. 7
(b) Violates any rule or regulation having the force of law; or 8
(c) Commits an act designated a criminal offense pursuant to the 9
laws of the State of Nevada. 10
3. [For] Except as otherwise provided in NRS 4.370, for the 11
purposes of this section, each of the following acts shall be deemed 12
not to be a delinquent act, and the juvenile court does not have 13
jurisdiction over a person who is charged with committing such an 14
act: 15
(a) Murder or attempted murder and any other related offense 16
arising out of the same facts as the murder or attempted murder, 17
regardless of the nature of the related offense, if the person was 16 18
years of age or older when the murder or attempted murder was 19
committed. 20
(b) A felony resulting in death or substantial bodily harm to the 21
victim and any other related offense arising out of the same facts as 22
the felony, regardless of the nature of the related offense, if: 23
(1) The felony was committed on the property of a public or 24
private school when pupils or employees of the school were present 25
or may have been present, at an activity sponsored by a public or 26
private school or on a school bus while the bus was engaged in its 27
official duties; and 28
(2) The person intended to create a great risk of death or 29
substantial bodily harm to more than one person by means of a 30
weapon, device or course of action that would normally be 31
hazardous to the lives of more than one person. 32
(c) A category A or B felony and any other related offense 33
arising out of the same facts as the category A or B felony, 34
regardless of the nature of the related offense, if the person was at 35
least 16 years of age but less than 18 years of age when the offense 36
was committed, and: 37
(1) The person is not identified by law enforcement as 38
having committed the offense and charged before the person is at 39
least 20 years, 3 months of age, but less than 21 years of age; or 40
(2) The person is not identified by law enforcement as 41
having committed the offense until the person reaches 21 years of 42
age. 43
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(d) A violation of a provision of chapters 483 to 484E, 1
inclusive, 486 or 490 of NRS that is punishable as a civil 2
infraction pursuant to NRS 484A.703 to 484A.705, inclusive. 3
(e) Any other offense if, before the offense was committed, the 4
person previously had been convicted of a criminal offense. 5
Sec. 2.8. NRS 244.3575 is hereby amended to read as follows: 6
244.3575 A board of county commissioners may by ordinance 7
provide that [the] : 8
1. The violation of a specific ordinance regulating parking 9
imposes a civil penalty in an amount not to exceed $155, instead of 10
a criminal sanction. 11
2. A violation of a traffic ordinance enacted by the board of 12
county commissioners pursuant to NRS 484A.400 imposes a civil 13
penalty in an amount not to exceed $500, instead of a criminal 14
sanction. 15
Sec. 2.9. On or before July 1, 2024, the Department of Public 16
Safety, in consultation with law enforcement agencies and courts of 17
this State, shall: 18
1. Study uniform civil infraction citations used in different 19
states to determine best practices for developing and implementing a 20
standardized, statewide uniform civil infraction citation in this State 21
that may be issued through the electronic traffic citation system 22
developed pursuant to NRS 484B.830; and 23
2. Submit its findings and any recommendations for legislation 24
resulting from the study to the Director of the Legislative Counsel 25
Bureau for transmittal to the Joint Interim Standing Committee on 26
the Judiciary. 27
Sec. 2.95. On or before January 1, 2024, the justice courts and 28
municipal courts in this State shall adopt rules governing the 29
practice and procedure for setting aside a default judgment entered 30
in an action initiated pursuant to NRS 484A.703 to 484A.705, 31
inclusive. 32
Sec. 3. 1. If, on or after the effective date of this act, a person 33
is subject to: 34
(a) A suspension of his or her driver’s license pursuant to 35
paragraph (b) of subsection 3 of NRS 484A.7047; or 36
(b) A court order delaying the issuance of a driver’s license 37
pursuant to paragraph (b) of subsection 3 of NRS 484A.7047, 38
as that section existed before the effective date of this act, the 39
Department of Motor Vehicles shall immediately reinstate the 40
driver’s license of the person or the ability of the person to apply for 41
the issuance of a driver’s license, as applicable, and shall notify the 42
person, as soon as possible, of the reinstatement of his or her 43
driver’s license or ability to apply for the issuance of a driver’s 44
license, as applicable. 45
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2. The Department of Motor Vehicles may not: 1
(a) Charge any fee for the reinstatement of the driver’s license of 2
a person in accordance with this section; or 3
(b) Require a person to undergo any physical or mental 4
examination pursuant to NRS 483.330 or 483.495 to be eligible for 5
reinstatement of his or her driver’s license. 6
Sec. 4. The amendatory provisions of this act apply to offenses 7
committed before, on or after the effective date of this act. 8
Sec. 5. This act becomes effective upon passage and approval. 9
H