S.B. 120
- *SB120*
SENATE BILL NO. 120–SENATOR SCHEIBLE
PREFILED JANUARY 28, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the administration of
justice. (BDR 1-711)
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 the administration of justice; requiring a court
to allow a person to enter into a payment plan with the
court to pay a fine, administrative assessment, fee or other
monetary penalty under certain circumstances;
prescribing requirements for such payment plans;
prohibiting a court from taking certain actions if a person
defaults on a payment plan; prohibiting a court from
ordering a defendant for whom an attorney is appointed at
public expense to pay any part of the expenses incurred in
providing the defendant with an attorney; repealing
provisions that authorize the recoupment of certain
expenses incurred by a county or city or the State for the
provision of indigent defense services; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a court to: (1) impose certain fines, administrative 1
assessments, fees and other monetary penalties under certain circumstances; and (2) 2
take certain actions relating to the collection of any such fine, administrative 3
assessment, fee or other monetary penalty. (See, e.g., NRS 62E.430, 176.059-4
176.087, 193.130, 484A.7043) Section 1 of this bill provides that, notwithstanding 5
any other provision of law or court rule, a court that imposes a fine, administrative 6
assessment, fee or other monetary penalty upon a person must allow the person to 7
enter into a payment plan with the court to pay all or any part of the fine, 8
administrative assessment, fee or other monetary penalty. Section 1 also: (1) 9
prescribes certain requirements and restrictions relating to payment plans; and (2) 10
prohibits a court from taking certain actions in the event of a default. 11
Section 5 of this bill repeals provisions of existing law that authorize a court to 12
order a defendant for whom an attorney is appointed at public expense to pay all or 13
– 2 –
- *SB120*
any part of the expenses incurred by the county, city or State in providing the 14
defendant with an attorney. (NRS 178.3975-178.39802) Instead, section 2 of this 15
bill prohibits a court from ordering a defendant for whom an attorney is appointed 16
at public expense to pay any part of the expenses incurred in providing the 17
defendant with an attorney. Sections 3 and 4 of this bill make conforming changes 18
to reflect the repeal of certain sections by section 5. 19
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 1 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Notwithstanding any other provision of law or court rule, if 3
a court imposes a fine, administrative assessment, fee or other 4
monetary penalty upon a person, the court shall: 5
(a) Before collecting any such fine, administrative assessment, 6
fee or other monetary penalty, notify the person that the person 7
may enter into a payment plan with the court to pay the fine, 8
administrative assessment, fee or other monetary penalty in 9
monthly payments; and 10
(b) Upon request of the person, allow the person to enter into a 11
payment plan with the court to pay all or any part of the fine, 12
administrative assessment, fee or other monetary penalty. 13
2. If a person who requests to enter into a payment plan 14
pursuant to subsection 1 is a party in any other case pending 15
within the jurisdiction or was a party in a previously decided case 16
within the jurisdiction in which a fine, administrative assessment, 17
fee or other monetary penalty was imposed against the person, the 18
court shall create a unified payment plan that incorporates the 19
total amount due for all cases combined. 20
3. A payment plan entered into pursuant to subsection 1 or 2 21
must include, without limitation, a payment schedule that specifies 22
the: 23
(a) Total amount due; 24
(b) Amount of each monthly payment, which must not exceed 25
2 percent of the gross monthly income of the person or $10, 26
whichever is greater; and 27
(c) Date on which each payment is due. 28
4. A payment plan entered into pursuant to subsection 1 or 2 29
must not: 30
(a) Include any interest or fees in addition to the fine, 31
administrative assessment, fee or other monetary penalty imposed 32
on the person by the court; or 33
(b) Require a person sentenced to a term of imprisonment in a 34
county or city jail or in the state prison to make any payment until 35
– 3 –
- *SB120*
at least 6 months after the date on which person is released from 1
custody. 2
5. If a person with whom the court enters into a payment plan 3
pursuant to subsection 1 or 2 timely submits at least 12 payments 4
within 15 months after making the initial payment required by the 5
payment plan, the court shall discharge the unpaid balance of any 6
fine, administrative assessment, fee or other monetary penalty 7
included under the terms of the payment plan. 8
6. If a person with whom the court enters into a payment plan 9
pursuant to subsection 1 or 2 fails to make a payment on or before 10
the date specified pursuant to paragraph (c) of subsection 3, the 11
court shall, as soon as practicable after the due date of the missed 12
payment, notify the person in writing of the default. Such notice 13
must include, without limitation, information concerning the 14
process by which a person may petition the court to reduce the 15
fine, administrative assessment, fee or other monetary penalty or 16
revise the payment schedule. 17
7. If a person defaults under a payment plan, the court: 18
(a) May, on its own motion or upon petition: 19
(1) Reduce the fine, administrative assessment, fee or other 20
monetary penalty if the court determines that the fine, 21
administrative assessment, fee or other monetary penalty is 22
excessive in relation to the financial resources of the person; 23
(2) Revise the payment plan if the court determines that the 24
monthly payments specified in the payment schedule are not 25
within the present financial ability of the person; or 26
(3) In lieu of all or a part of any fine, administrative 27
assessment, fee or other monetary penalty, order the person to 28
perform community service. 29
(b) Shall not: 30
(1) Accelerate the payment schedule specified in the 31
payment plan; 32
(2) Except as otherwise provided in subparagraph (3), 33
impose any charges for late payment or costs for collecting a past 34
due payment; or 35
(3) Contract with a collection agency to collect any 36
delinquent amount owed unless the court determines that the 37
person has the ability to pay the amount due and is willfully 38
avoiding payment. 39
8. A court may adopt any rules and procedures necessary to 40
implement the provisions of this section. 41
9. The provisions of this section do not apply to any amount 42
of money owed by a person for restitution. 43
– 4 –
- *SB120*
Sec. 2. Chapter 178 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
A court shall not order a defendant for whom an attorney is 3
appointed at public expense on account of indigency to pay any 4
part of the expenses incurred by the county, city or State in 5
providing the defendant with an attorney. 6
Sec. 3. NRS 239.010 is hereby amended to read as follows: 7
239.010 1. Except as otherwise provided in this section and 8
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 9
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 10
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 11
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 12
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 13
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 14
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 15
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 16
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 17
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 18
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 19
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 20
176A.630, [178.39801,] 178.4715, 178.5691, 178.5717, 179.495, 21
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 22
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 23
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 24
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 25
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 26
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 27
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 28
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 29
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 30
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 31
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 32
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 33
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 34
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 35
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 36
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 37
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 38
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 39
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 40
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 41
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 42
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 43
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 44
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 45
– 5 –
- *SB120*
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 1
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 2
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 3
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 4
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 5
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 6
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 7
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 8
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 9
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 10
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 11
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 12
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 13
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 14
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 15
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 16
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 17
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 18
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 19
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 20
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 21
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 22
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 23
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 24
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 25
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 26
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 27
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 28
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 29
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 30
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 31
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 32
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 33
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 34
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 35
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 36
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 37
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 38
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 39
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 40
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 41
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 42
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 43
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 44
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 45
– 6 –
- *SB120*
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 1
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 2
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 3
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 4
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 5
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 6
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 7
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 8
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 9
unless otherwise declared by law to be confidential, all public books 10
and public records of a governmental entity must be open at all 11
times during office hours to inspection by any person, and may be 12
fully copied or an abstract or memorandum may be prepared from 13
those public books and public records. Any such copies, abstracts or 14
memoranda may be used to supply the general public with copies, 15
abstracts or memoranda of the records or may be used in any other 16
way to the advantage of the governmental entity or of the general 17
public. This section does not supersede or in any manner affect the 18
federal laws governing copyrights or enlarge, diminish or affect in 19
any other manner the rights of a person in any written book or 20
record which is copyrighted pursuant to federal law. 21
2. A governmental entity may not reject a book or record 22
which is copyrighted solely because it is copyrighted. 23
3. A governmental entity that has legal custody or control of a 24
public book or record shall not deny a request made pursuant to 25
subsection 1 to inspect or copy or receive a copy of a public book or 26
record on the basis that the requested public book or record contains 27
information that is confidential if the governmental entity can 28
redact, delete, conceal or separate, including, without limitation, 29
electronically, the confidential information from the information 30
included in the public book or record that is not otherwise 31
confidential. 32
4. If requested, a governmental entity shall provide a copy of a 33
public record in an electronic format by means of an electronic 34
medium. Nothing in this subsection requires a governmental entity 35
to provide a copy of a public record in an electronic format or by 36
means of an electronic medium if: 37
(a) The public record: 38
(1) Was not created or prepared in an electronic format; and 39
(2) Is not available in an electronic format; or 40
(b) Providing the public record in an electronic format or by 41
means of an electronic medium would: 42
(1) Give access to proprietary software; or 43
– 7 –
- *SB120*
(2) Require the production of information that is confidential 1
and that cannot be redacted, deleted, concealed or separated from 2
information that is not otherwise confidential. 3
5. An officer, employee or agent of a governmental entity who 4
has legal custody or control of a public record: 5
(a) Shall not refuse to provide a copy of that public record in the 6
medium that is requested because the officer, employee or agent has 7
already prepared or would prefer to provide the copy in a different 8
medium. 9
(b) Except as otherwise provided in NRS 239.030, shall, upon 10
request, prepare the copy of the public record and shall not require 11
the person who has requested the copy to prepare the copy himself 12
or herself. 13
Sec. 4. NRS 244.207 is hereby amended to read as follows: 14
244.207 1. Notwithstanding any other provision of law, the 15
boards of county commissioners in their respective counties may 16
establish by ordinance central receiving and disbursing systems for 17
the handling of county money and money held in trust by the county 18
or by any of its elected or appointed officers. Such systems may 19
include, but are not limited to, the following: 20
(a) The commingling of all the money from any source if the 21
accounting system employed supplies full information concerning 22
the sources of the money. 23
(b) The elimination of departmental accounts in an insured bank, 24
credit union, savings and loan association or savings bank by 25
commingling the money in an account or accounts maintained by 26
the county treasurer. 27
(c) The elimination of trust accounts in a bank or credit union, 28
created for any reason as long as adequate records are maintained to 29
identify fully all trust money. The money previously held in such 30
trust accounts may be commingled with other money held in 31
accounts maintained in a bank or credit union by the county 32
treasurer. 33
(d) The centralization of all disbursing of all money, including 34
trust money, if the accounting system employed supplies full 35
information concerning the disposition of the money. 36
(e) The centralization of part or all of billing and collection 37
aspects of business licenses, personal property and any other activity 38
of any of the offices of the county that involves billing for services, 39
taxes or fees imposed by statute or ordinance, or the collection of 40
money in payment of such billings. 41
(f) In a county whose population is 100,000 or more, the 42
centralization of part or all of the billing and collection aspects of 43
any fine, fee, bail or forfeiture imposed by a court . [and any 44
payment ordered by a court pursuant to NRS 178.3975.] 45
– 8 –
- *SB120*
2. Investment income from the commingled money must be 1
credited to the general fund of the county if other provisions of law 2
or contract do not require other allocation of the investment income. 3
3. This section does not: 4
(a) Eliminate the reporting requirements of various elected and 5
appointed officials relating to the receipt and disposition of money. 6
(b) Limit the right of a local government as defined in NRS 7
354.474, but not including a county, whose money is held in trust by 8
the county to direct the receipt, disbursement and investment of its 9
money independently of the system provided for in this section, 10
where the independent direction is otherwise authorized by law. 11
Sec. 5. NRS 178.3975, 178.398, 178.39801 and 178.39802 are 12
hereby repealed. 13
LEADLINES OF REPEALED SECTIONS
178.3975 Order for payment by defendant; remission of
payment; disposition of amounts recovered; community service.
178.398 Execution against defendant’s property.
178.39801 Collection of fee by certain entities.
178.39802 Additional costs and fees for collection.
H