(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT S.B. 13
- *SB13_R1*
SENATE BILL NO. 13–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SUPREME COURT)
PREFILED OCTOBER 30, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the disposition of bail.
(BDR 14-471)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to bail; providing that a court may dispose of a
bond or undertaking for bail as agreed to by all parties;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, when a defendant is released on bail, if no formal action or 1
proceeding is instituted against the defendant or if such an action or proceeding is 2
dismissed, the court is required to exonerate bail, except that the court is authorized 3
to delay exoneration of bail for a period not to exceed 30 days under certain 4
circumstances. (NRS 178.502) Section 1 of this bill provides that a court may 5
dispose of bail as agreed to by all parties. 6
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.502 is hereby amended to read as follows: 1
178.502 1. A person required or permitted to give bail shall 2
execute a bond for the person’s appearance. The magistrate or court 3
or judge or justice, having regard to the considerations set forth in 4
NRS 178.4851, may require one or more sureties or may authorize 5
the acceptance of cash or bonds or notes of the United States in an 6
amount equal to or less than the face amount of the bond. 7
2. Any bond or undertaking for bail must provide that the bond 8
or undertaking: 9
– 2 –
- *SB13_R1*
(a) Extends to any action or proceeding in a justice court, 1
municipal court or district court arising from the charge on which 2
bail was first given in any of these courts; and 3
(b) Remains in effect until exonerated by the court. 4
This subsection does not require that any bond or undertaking 5
extend to proceedings on appeal. 6
3. If an action or proceeding against a defendant who has been 7
admitted to bail is transferred to another trial court, the bond or 8
undertaking must be transferred to the clerk of the court to which 9
the action or proceeding has been transferred. 10
4. Except as otherwise provided in subsection 5 [,] or as 11
otherwise agreed to by all parties, the court shall exonerate the 12
bond or undertaking for bail if: 13
(a) The action or proceeding against a defendant who has been 14
admitted to bail is dismissed; or 15
(b) No formal action or proceeding is instituted against a 16
defendant who has been admitted to bail. 17
5. The court may delay exoneration of the bond or undertaking 18
for bail for a period not to exceed 30 days if, at the time the action 19
or proceeding against a defendant who has been admitted to bail is 20
dismissed, the defendant: 21
(a) Has been indicted or is charged with a public offense which 22
is the same or substantially similar to the charge upon which bail 23
was first given and which arises out of the same act or omission 24
supporting the charge upon which bail was first given; or 25
(b) Requests to remain admitted to bail in anticipation of being 26
later indicted or charged with a public offense which is the same or 27
substantially similar to the charge upon which bail was first given 28
and which arises out of the same act or omission supporting the 29
charge upon which bail was first given. 30
If the defendant has already been indicted or charged, or is later 31
indicted or charged, with a public offense arising out of the same act 32
or omission supporting the charge upon which bail was first given, 33
the bail must be applied to the public offense for which the 34
defendant has been indicted or charged or is later indicted or 35
charged, and the bond or undertaking must be transferred to the 36
clerk of the appropriate court. Within 10 days after its receipt, the 37
clerk of the court to whom the bail is transferred shall mail or 38
electronically transmit notice of the transfer to the surety on the 39
bond and the bail agent who executed the bond. 40
6. Bail given originally on appeal must be deposited with the 41
magistrate or the clerk of the court from which the appeal is taken. 42
Sec. 2. This act becomes effective upon passage and approval. 43
H