(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT S.B. 20
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SENATE BILL NO. 20–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SUPREME COURT)
PREFILED NOVEMBER 6, 2024
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to criminal procedure.
(BDR 14-476)
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 requirements
relating to certain proceedings in justice court; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires certain proceedings in a justice court to be recorded by 1
the use of sound recording equipment. (NRS 4.390) Existing law also specifies that 2
if a case is tried by jury in a justice court, a certified court reporter must be present 3
and report on the trial under certain circumstances. (NRS 175.011) Section 4 of this 4
bill eliminates this requirement, thereby authorizing a justice court to record a 5
proceeding before a jury using sound recording equipment under certain 6
circumstances. 7
Existing law provides that sound recordings of certain proceedings in justice 8
court must be preserved for certain periods. (NRS 4.420) Section 5.5 of this bill 9
provides that with respect to certain criminal proceedings in a justice court, sound 10
recordings must be preserved for a period of at least 5 years. 11
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. (Deleted by amendment.) 2
Sec. 3. (Deleted by amendment.) 3
Sec. 4. NRS 175.011 is hereby amended to read as follows: 4
175.011 1. Cases required to be tried by jury must be so tried 5
unless the defendant waives a jury trial in writing with the approval 6
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of the court and the consent of the prosecuting attorney. A defendant 1
who pleads not guilty to the charge of a capital offense must be tried 2
by jury. 3
2. Except as otherwise provided in subsection 1, in a justice 4
court, a case must be tried by jury only if the defendant so demands 5
in writing not less than 30 days before trial. [Except as otherwise 6
provided in NRS 4.390 and 4.400, if a case is tried by jury, a 7
reporter must be present who is a certified court reporter and shall 8
report the trial.] 9
3. Any proceeding before a jury in justice court may be 10
recorded using sound recording equipment in accordance with 11
NRS 4.390 and 4.400. 12
Sec. 5. (Deleted by amendment.) 13
Sec. 5.5. NRS 4.420 is hereby amended to read as follows: 14
4.420 1. Except as otherwise provided in this section: 15
(a) The sound recording of each proceeding in justice court must 16
be preserved until at least 1 year after the time for filing an appeal 17
expires. 18
(b) With respect to a proceeding in justice court that involves a 19
misdemeanor for which enhanced penalties may be imposed, a gross 20
misdemeanor or a felony, the sound recording of the proceeding 21
must be preserved for at least 8 years after the time for filing an 22
appeal expires. 23
(c) With respect to a preliminary hearing conducted pursuant 24
to NRS 171.178, the sound recording of the proceeding must be 25
preserved for at least 5 years after the date of the preliminary 26
hearing. 27
2. If no appeal is taken, the justice of the peace may order the 28
destruction of the recording at any time after the date specified in 29
subsection 1. 30
3. If there is an appeal to the district court, the sound recording 31
must be preserved until at least 30 days after final disposition of the 32
case on appeal, but the justice of the peace may order the destruction 33
of the recording at any time after that date. 34
Sec. 6. This act becomes effective on July 1, 2025. 35
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