(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT S.B. 120
- *SB120_R1*
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; prohibiting a
payment plan from requiring a defendant to pay interest
or any fee charged specifically for entering into the
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 prohibits a payment plan entered 5
into by a defendant with the court from requiring the defendant to pay interest or any 6
fee charged specifically for entering into the payment plan. Section 1 also authorizes 7
a court to adopt certain rules and procedures concerning payment plans. 8
Section 5 of this bill repeals provisions of existing law that authorize a court to 9
order a defendant for whom an attorney is appointed at public expense to pay all or 10
any part of the expenses incurred by the county, city or State in providing the 11
defendant with an attorney. (NRS 178.3975-178.39802) Instead, section 2 of this bill 12
prohibits a court from ordering a defendant for whom an attorney is appointed at 13
public expense to pay any part of the expenses incurred in providing the defendant 14
with an attorney. Sections 3 and 4 of this bill make conforming changes to reflect the 15
repeal of certain sections by section 5. 16
– 2 –
- *SB120_R1*
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. Any payment plan entered into by a defendant with a court 3
must not require the defendant to pay interest or any fee charged 4
specifically for entering into the payment plan. 5
2. A court may adopt any rules and procedures necessary to 6
implement the provisions of this section. 7
3. The provisions of this section do not apply to any amount 8
of money owed by a person for restitution. 9
Sec. 2. Chapter 178 of NRS is hereby amended by adding 10
thereto a new section to read as follows: 11
A court shall not order a defendant for whom an attorney is 12
appointed at public expense on account of indigency to pay any 13
part of the expenses incurred by the county, city or State in 14
providing the defendant with an attorney. 15
Sec. 3. NRS 239.010 is hereby amended to read as follows: 16
239.010 1. Except as otherwise provided in this section and 17
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 18
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 19
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 20
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 21
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 22
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 23
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 24
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 25
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 26
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 27
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 28
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 29
176A.630, [178.39801,] 178.4715, 178.5691, 178.5717, 179.495, 30
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 31
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 32
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 33
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 34
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 35
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 36
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 37
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 38
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 39
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 40
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 41
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 42
– 3 –
- *SB120_R1*
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 1
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 2
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 3
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 4
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 5
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 6
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 7
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 8
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 9
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 10
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 11
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 12
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 13
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 14
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 15
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 16
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 17
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 18
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 19
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 20
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 21
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 22
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 23
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 24
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 25
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 26
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 27
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 28
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 29
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 30
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 31
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 32
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 33
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 34
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 35
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 36
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 37
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 38
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 39
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 40
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 41
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 42
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 43
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 44
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 45
– 4 –
- *SB120_R1*
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 1
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 2
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 3
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 4
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 5
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 6
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 7
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 8
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 9
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 10
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 11
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 12
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 13
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 14
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 15
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 16
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 17
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 18
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 19
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 20
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 21
unless otherwise declared by law to be confidential, all public books 22
and public records of a governmental entity must be open at all 23
times during office hours to inspection by any person, and may be 24
fully copied or an abstract or memorandum may be prepared from 25
those public books and public records. Any such copies, abstracts or 26
memoranda may be used to supply the general public with copies, 27
abstracts or memoranda of the records or may be used in any other 28
way to the advantage of the governmental entity or of the general 29
public. This section does not supersede or in any manner affect the 30
federal laws governing copyrights or enlarge, diminish or affect in 31
any other manner the rights of a person in any written book or 32
record which is copyrighted pursuant to federal law. 33
2. A governmental entity may not reject a book or record 34
which is copyrighted solely because it is copyrighted. 35
3. A governmental entity that has legal custody or control of a 36
public book or record shall not deny a request made pursuant to 37
subsection 1 to inspect or copy or receive a copy of a public book or 38
record on the basis that the requested public book or record contains 39
information that is confidential if the governmental entity can 40
redact, delete, conceal or separate, including, without limitation, 41
electronically, the confidential information from the information 42
included in the public book or record that is not otherwise 43
confidential. 44
– 5 –
- *SB120_R1*
4. If requested, a governmental entity shall provide a copy of a 1
public record in an electronic format by means of an electronic 2
medium. Nothing in this subsection requires a governmental entity 3
to provide a copy of a public record in an electronic format or by 4
means of an electronic medium if: 5
(a) The public record: 6
(1) Was not created or prepared in an electronic format; and 7
(2) Is not available in an electronic format; or 8
(b) Providing the public record in an electronic format or by 9
means of an electronic medium would: 10
(1) Give access to proprietary software; or 11
(2) Require the production of information that is confidential 12
and that cannot be redacted, deleted, concealed or separated from 13
information that is not otherwise confidential. 14
5. An officer, employee or agent of a governmental entity who 15
has legal custody or control of a public record: 16
(a) Shall not refuse to provide a copy of that public record in the 17
medium that is requested because the officer, employee or agent has 18
already prepared or would prefer to provide the copy in a different 19
medium. 20
(b) Except as otherwise provided in NRS 239.030, shall, upon 21
request, prepare the copy of the public record and shall not require 22
the person who has requested the copy to prepare the copy himself 23
or herself. 24
Sec. 4. NRS 244.207 is hereby amended to read as follows: 25
244.207 1. Notwithstanding any other provision of law, the 26
boards of county commissioners in their respective counties may 27
establish by ordinance central receiving and disbursing systems for 28
the handling of county money and money held in trust by the county 29
or by any of its elected or appointed officers. Such systems may 30
include, but are not limited to, the following: 31
(a) The commingling of all the money from any source if the 32
accounting system employed supplies full information concerning 33
the sources of the money. 34
(b) The elimination of departmental accounts in an insured bank, 35
credit union, savings and loan association or savings bank by 36
commingling the money in an account or accounts maintained by 37
the county treasurer. 38
(c) The elimination of trust accounts in a bank or credit union, 39
created for any reason as long as adequate records are maintained to 40
identify fully all trust money. The money previously held in such 41
trust accounts may be commingled with other money held in 42
accounts maintained in a bank or credit union by the county 43
treasurer. 44
– 6 –
- *SB120_R1*
(d) The centralization of all disbursing of all money, including 1
trust money, if the accounting system employed supplies full 2
information concerning the disposition of the money. 3
(e) The centralization of part or all of billing and collection 4
aspects of business licenses, personal property and any other activity 5
of any of the offices of the county that involves billing for services, 6
taxes or fees imposed by statute or ordinance, or the collection of 7
money in payment of such billings. 8
(f) In a county whose population is 100,000 or more, the 9
centralization of part or all of the billing and collection aspects of 10
any fine, fee, bail or forfeiture imposed by a court . [and any 11
payment ordered by a court pursuant to NRS 178.3975.] 12
2. Investment income from the commingled money must be 13
credited to the general fund of the county if other provisions of law 14
or contract do not require other allocation of the investment income. 15
3. This section does not: 16
(a) Eliminate the reporting requirements of various elected and 17
appointed officials relating to the receipt and disposition of money. 18
(b) Limit the right of a local government as defined in NRS 19
354.474, but not including a county, whose money is held in trust by 20
the county to direct the receipt, disbursement and investment of its 21
money independently of the system provided for in this section, 22
where the independent direction is otherwise authorized by law. 23
Sec. 5. NRS 178.3975, 178.398, 178.39801 and 178.39802 are 24
hereby repealed. 25
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