S.B. 14
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SENATE BILL NO. 14–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED OCTOBER 31, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to criminal procedure.
(BDR 14-502)
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 criminal procedure; revising provisions
governing bail; revising provisions relating to an order
imposing a condition of release prohibiting contact; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a person arrested for an offense other than murder of the 1
first degree to be admitted to bail, unless an exception applies. Under existing law, 2
one such exception generally prohibits a court from admitting to bail a person who 3
is arrested for a felony and, at the time of the arrest, the person was under a 4
suspended sentence for a different offense or was serving a term of residential 5
confinement for a different offense. (NRS 178.484) Section 1 of this bill expands 6
this exception to include a person who is arrested for a battery that constitutes 7
domestic violence. Section 1 thereby generally prohibits a court from admitting to 8
bail a person who is arrested for a battery that constitutes domestic violence if, at 9
the time of the arrest, the person was under a suspended sentence for a different 10
offense or was serving a term of residential confinement for a different offense. 11
Existing law similarly: (1) authorizes a court to revoke the bail of a defendant 12
upon a showing that the defendant committed a felony during the period of release; 13
and (2) sets forth certain requirements and procedures for any such revocation of 14
bail. (NRS 178.487) Section 3 of this bill additionally authorizes a court to revoke 15
the bail of a defendant upon a showing that the defendant committed a battery that 16
constitutes domestic violence. 17
Existing law authorizes a court, before convicting and releasing a person, to 18
issue an order imposing a condition of release that prohibits the person from 19
contacting or attempting to contact certain persons. (NRS 178.4845) Section 2 of 20
this bill authorizes a law enforcement officer to arrest and take into custody a 21
person if the officer has probable cause to believe that: (1) an order prohibiting 22
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contact has been issued against the person; (2) the person has received certain 23
notice concerning the order; and (3) the person is acting in violation of the order. 24
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.484 is hereby amended to read as follows: 1
178.484 1. Except as otherwise provided in this section, a 2
person arrested for an offense other than murder of the first degree 3
must be admitted to bail. 4
2. A person arrested for a felony who has been released on 5
probation or parole for a different offense must not be admitted to 6
bail unless: 7
(a) A court issues an order directing that the person be admitted 8
to bail; 9
(b) The State Board of Parole Commissioners directs the 10
detention facility to admit the person to bail; or 11
(c) The Division of Parole and Probation of the Department of 12
Public Safety directs the detention facility to admit the person to 13
bail. 14
3. A person arrested for a felony or a battery that constitutes 15
domestic violence pursuant to NRS 33.018 whose sentence has 16
been suspended pursuant to NRS 4.373 or 5.055 for a different 17
offense or who has been sentenced to a term of residential 18
confinement pursuant to NRS 4.3762 or 5.076 for a different offense 19
must not be admitted to bail unless: 20
(a) A court issues an order directing that the person be admitted 21
to bail; or 22
(b) A department of alternative sentencing directs the detention 23
facility to admit the person to bail. 24
4. A person arrested for murder of the first degree may be 25
admitted to bail unless the proof is evident or the presumption great 26
by any competent court or magistrate authorized by law to do so in 27
the exercise of discretion, giving due weight to the evidence and to 28
the nature and circumstances of the offense. 29
5. A person arrested for a violation of NRS 484C.110, 30
484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 31
is under the influence of intoxicating liquor must not be admitted to 32
bail or released on the person’s own recognizance unless the person 33
has a concentration of alcohol of less than 0.04 in his or her breath. 34
A test of the person’s breath pursuant to this subsection to determine 35
the concentration of alcohol in his or her breath as a condition of 36
admission to bail or release is not admissible as evidence against the 37
person. 38
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6. A person arrested for a violation of NRS 484C.110, 1
484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 2
is under the influence of a controlled substance, is under the 3
combined influence of intoxicating liquor and a controlled 4
substance, or inhales, ingests, applies or otherwise uses any 5
chemical, poison or organic solvent, or any compound or 6
combination of any of these, to a degree which renders the person 7
incapable of safely driving or exercising actual physical control of a 8
vehicle, a power-driven vessel or a sailing vessel under way must 9
not be admitted to bail or released on the person’s own recognizance 10
sooner than 12 hours after arrest. 11
7. A person arrested for a battery that constitutes domestic 12
violence pursuant to NRS 33.018 must not be admitted to bail 13
sooner than 12 hours after arrest. If the person is admitted to bail 14
more than 12 hours after arrest, without appearing personally before 15
a magistrate or without the amount of bail having been otherwise set 16
by a magistrate or a court, the amount of bail must be: 17
(a) Three thousand dollars, if the person has no previous 18
convictions of battery that constitute domestic violence pursuant to 19
NRS 33.018 and there is no reason to believe that the battery for 20
which the person has been arrested resulted in substantial bodily 21
harm or was committed by strangulation; 22
(b) Five thousand dollars, if the person has: 23
(1) No previous convictions of battery that constitute 24
domestic violence pursuant to NRS 33.018, but there is reason to 25
believe that the battery for which the person has been arrested 26
resulted in substantial bodily harm or was committed by 27
strangulation; or 28
(2) One previous conviction of battery that constitutes 29
domestic violence pursuant to NRS 33.018, but there is no reason to 30
believe that the battery for which the person has been arrested 31
resulted in substantial bodily harm or was committed by 32
strangulation; or 33
(c) Fifteen thousand dollars, if the person has: 34
(1) One previous conviction of battery that constitutes 35
domestic violence pursuant to NRS 33.018 and there is reason to 36
believe that the battery for which the person has been arrested 37
resulted in substantial bodily harm or was committed by 38
strangulation; or 39
(2) Two or more previous convictions of battery that 40
constitute domestic violence pursuant to NRS 33.018. 41
The provisions of this subsection do not affect the authority of a 42
magistrate or a court to set the amount of bail when the person 43
personally appears before the magistrate or the court, or when a 44
magistrate or a court has otherwise been contacted to set the amount 45
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of bail. For the purposes of this subsection, a person shall be 1
deemed to have a previous conviction of battery that constitutes 2
domestic violence pursuant to NRS 33.018 if the person has been 3
convicted of such an offense in this State or has been convicted of 4
violating a law of any other jurisdiction that prohibits the same or 5
similar conduct. 6
8. A person arrested for violating a temporary or extended 7
order for protection against domestic violence issued pursuant to 8
NRS 33.017 to 33.100, inclusive, or for violating a restraining order 9
or injunction that is in the nature of a temporary or extended order 10
for protection against domestic violence issued in an action or 11
proceeding brought pursuant to title 11 of NRS, or for violating a 12
temporary or extended order for protection against stalking, 13
aggravated stalking or harassment issued pursuant to NRS 200.591, 14
or for violating a temporary or extended order for protection against 15
sexual assault pursuant to NRS 200.378 must not be admitted to bail 16
sooner than 12 hours after arrest if: 17
(a) The arresting officer determines that such a violation is 18
accompanied by a direct or indirect threat of harm; 19
(b) The person has previously violated a temporary or extended 20
order for protection of the type for which the person has been 21
arrested; or 22
(c) At the time of the violation or within 2 hours after the 23
violation, the person has: 24
(1) A concentration of alcohol of 0.08 or more in the 25
person’s blood or breath; or 26
(2) An amount of a prohibited substance in the person’s 27
blood or urine, as applicable, that is equal to or greater than the 28
amount set forth in subsection 3 or 4 of NRS 484C.110. 29
9. If a person is admitted to bail more than 12 hours after 30
arrest, pursuant to subsection 8, without appearing personally before 31
a magistrate or without the amount of bail having been otherwise set 32
by a magistrate or a court, the amount of bail must be: 33
(a) Three thousand dollars, if the person has no previous 34
convictions of violating a temporary or extended order for 35
protection against domestic violence issued pursuant to NRS 33.017 36
to 33.100, inclusive, or of violating a restraining order or injunction 37
that is in the nature of a temporary or extended order for protection 38
against domestic violence issued in an action or proceeding brought 39
pursuant to title 11 of NRS, or of violating a temporary or extended 40
order for protection against stalking, aggravated stalking or 41
harassment issued pursuant to NRS 200.591, or of violating a 42
temporary or extended order for protection against sexual assault 43
pursuant to NRS 200.378; 44
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(b) Five thousand dollars, if the person has one previous 1
conviction of violating a temporary or extended order for protection 2
against domestic violence issued pursuant to NRS 33.017 to 33.100, 3
inclusive, or of violating a restraining order or injunction that is in 4
the nature of a temporary or extended order for protection against 5
domestic violence issued in an action or proceeding brought 6
pursuant to title 11 of NRS, or of violating a temporary or extended 7
order for protection against stalking, aggravated stalking or 8
harassment issued pursuant to NRS 200.591, or of violating a 9
temporary or extended order for protection against sexual assault 10
pursuant to NRS 200.378; or 11
(c) Fifteen thousand dollars, if the person has two or more 12
previous convictions of violating a temporary or extended order for 13
protection against domestic violence issued pursuant to NRS 33.017 14
to 33.100, inclusive, or of violating a restraining order or injunction 15
that is in the nature of a temporary or extended order for protection 16
against domestic violence issued in an action or proceeding brought 17
pursuant to title 11 of NRS, or of violating a temporary or extended 18
order for protection against stalking, aggravated stalking or 19
harassment issued pursuant to NRS 200.591, or of violating a 20
temporary or extended order for protection against sexual assault 21
pursuant to NRS 200.378. 22
The provisions of this subsection do not affect the authority of a 23
magistrate or a court to set the amount of bail when the person 24
personally appears before the magistrate or the court or when a 25
magistrate or a court has otherwise been contacted to set the amount 26
of bail. For the purposes of this subsection, a person shall be 27
deemed to have a previous conviction of violating a temporary or 28
extended order for protection against domestic violence issued 29
pursuant to NRS 33.017 to 33.100, inclusive, or of violating a 30
restraining order or injunction that is in the nature of a temporary or 31
extended order for protection against domestic violence issued in an 32
action or proceeding brought pursuant to title 11 of NRS, or of 33
violating a temporary or extended order for protection against 34
stalking, aggravated stalking or harassment issued pursuant to NRS 35
200.591, or of violating a temporary or extended order for 36
protection against sexual assault pursuant to NRS 200.378, if the 37
person has been convicted of such an offense in this State or has 38
been convicted of violating a law of any other jurisdiction that 39
prohibits the same or similar conduct. 40
10. For the purposes of subsections 8 and 9, an order or 41
injunction is in the nature of a temporary or extended order for 42
protection against domestic violence if it grants relief that might be 43
given in a temporary or extended order issued pursuant to NRS 44
33.017 to 33.100, inclusive. 45
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11. As used in this section, “strangulation” has the meaning 1
ascribed to it in NRS 200.481. 2
Sec. 2. NRS 178.4845 is hereby amended to read as follows: 3
178.4845 1. Before a court makes a determination of bail 4
concerning a person, a victim may request that a court issue an order 5
imposing a condition of release prohibiting contact. 6
2. A court shall consider a request described in subsection 1. 7
3. Upon the issuance of an order imposing a condition of 8
release prohibiting contact, the court shall notify the person subject 9
to the order that violating the order may result in: 10
(a) The person being charged with a misdemeanor; 11
(b) The modification or addition of any condition of release; 12
(c) The revocation of bail and remand of the person to custody; 13
or 14
(d) The imposition of any other penalty prescribed by law. 15
4. An order imposing a condition of release prohibiting 16
contact, and any modification thereof, expires within such time, not 17
to exceed 120 calendar days, as the court fixes. 18
5. The court may, before the expiration of an order imposing a 19
condition of release prohibiting contact and upon motion or at the 20
discretion of the court, after notice and a hearing, renew the order 21
for good cause shown. 22
6. After the court issues an order imposing, modifying, 23
suspending or canceling a condition of release prohibiting contact, 24
the court shall transmit, as soon as practicable and in a manner 25
prescribed by the Central Repository for Nevada Records of 26
Criminal History, a copy of the order to the Central Repository. 27
7. A person who knowingly violates an order imposing a 28
condition of release prohibiting contact is guilty of a misdemeanor. 29
8. Whether or not a violation of an order imposing a 30
condition of release prohibiting contact occurs in the presence of 31
a law enforcement officer, the officer may, with or without a 32
warrant, arrest and take into custody a person if the officer has 33
probable cause to believe that: 34
(a) An order has been issued pursuant to this section against 35
the person; 36
(b) The person has received the notice required by subsection 37
3; and 38
(c) The person is acting in violation of the order. 39
9. Nothing in this section shall be construed to require a court 40
to receive a request pursuant to subsection 1 before issuing an order 41
imposing a condition of release prohibiting contact. 42
[9.] 10. As used in this section: 43
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(a) “Cancel” includes, without limitation, any act that would 1
effectively terminate a condition of release prohibiting contact, 2
including, without limitation: 3
(1) The dismissal of the action or proceeding against the 4
person; 5
(2) A prosecuting attorney declining to prosecute the person; 6
(3) The conviction of the person; or 7
(4) The acquittal of the person. 8
(b) “Condition of release prohibiting contact” means a condition 9
placed on a person who is released pending trial that prohibits the 10
person from contacting or attempting to contact a specific person or 11
from causing or attempting to cause another person to contact that 12
person on the person’s behalf. 13
Sec. 3. NRS 178.487 is hereby amended to read as follows: 14
178.487 Every release on bail with or without security is 15
conditioned upon the defendant’s good behavior while so released, 16
and upon a showing that the proof is evident or the presumption 17
great that the defendant has committed a felony or a battery that 18
constitutes domestic violence pursuant to NRS 33.018 during the 19
period of release, the defendant’s bail may be revoked, after a 20
hearing, by the magistrate who allowed it or by any judge of the 21
court in which the original charge is pending. Pending such 22
revocation, the defendant may be held without bail by order of the 23
magistrate before whom the defendant is brought after an arrest 24
upon the second charge. 25
H