| 1 | 1 | | |
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| 2 | 2 | | |
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| 3 | 3 | | S.B. 20 |
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| 4 | 4 | | |
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| 5 | 5 | | - *SB20* |
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| 6 | 6 | | |
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| 7 | 7 | | SENATE BILL NO. 20–COMMITTEE ON JUDICIARY |
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| 8 | 8 | | |
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| 9 | 9 | | (ON BEHALF OF THE NEVADA SUPREME COURT) |
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| 10 | 10 | | |
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| 11 | 11 | | PREFILED NOVEMBER 6, 2024 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | Referred to Committee on Judiciary |
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| 15 | 15 | | |
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| 16 | 16 | | SUMMARY—Revises provisions relating to criminal procedure. |
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| 17 | 17 | | (BDR 14-476) |
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| 18 | 18 | | |
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| 19 | 19 | | FISCAL NOTE: Effect on Local Government: No. |
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| 20 | 20 | | Effect on the State: No. |
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| 21 | 21 | | |
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| 22 | 22 | | ~ |
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| 23 | 23 | | |
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| 24 | 24 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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| 25 | 25 | | |
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| 26 | 26 | | |
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| 27 | 27 | | AN ACT relating to criminal procedure; revising provisions |
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| 28 | 28 | | governing the waiver of the right of a defendant to have a |
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| 29 | 29 | | preliminary examination; revising requirements relating |
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| 30 | 30 | | to certain proceedings in justice court; requiring the |
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| 31 | 31 | | joinder of certain misdemeanors with certain felonies or |
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| 32 | 32 | | gross misdemeanors; and providing other matters properly |
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| 33 | 33 | | relating thereto. |
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| 34 | 34 | | Legislative Counsel’s Digest: |
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| 35 | 35 | | Existing law: (1) grants a defendant who is charged with an offense that is not 1 |
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| 36 | 36 | | triable in the Justice Court the right to have a preliminary examination; and (2) 2 |
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| 37 | 37 | | authorizes the defendant to waive the preliminary examination. (NRS 171.196) 3 |
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| 38 | 38 | | Section 1 of this bill provides that if a defendant waives preliminary examination, 4 |
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| 39 | 39 | | the matter must not be returned to the justice court if: (1) the magistrate advises the 5 |
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| 40 | 40 | | defendant in open court on the record that the waiver is unconditional; or (2) the 6 |
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| 41 | 41 | | defendant affirms in writing that the waiver is unconditional. 7 |
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| 42 | 42 | | Existing law authorizes a magistrate, when presiding over a preliminary hearing 8 |
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| 43 | 43 | | in justice court, in any case other than a case in which the death penalty is sought, 9 |
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| 44 | 44 | | to choose whether to employ a certified court reporter or appoint a person to use 10 |
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| 45 | 45 | | sound recording equipment to record certain testimony and the proceedings of the 11 |
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| 46 | 46 | | court. (NRS 171.198) Section 2 of this bill eliminates language prohibiting a 12 |
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| 47 | 47 | | magistrate from appointing a person to use sound recording equipment in a case in 13 |
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| 48 | 48 | | which the death penalty is sought. Section 2 thereby authorizes a magistrate, when 14 |
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| 49 | 49 | | presiding over any preliminary hearing in justice court, to choose whether to 15 |
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| 50 | 50 | | employ a certified court reporter or appoint a person to use sound recording 16 |
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| 51 | 51 | | equipment to record certain testimony and proceedings of the court. 17 |
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| 52 | 52 | | Existing law requires certain proceedings in a justice court to be recorded by 18 |
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| 53 | 53 | | the use of sound recording equipment. (NRS 4.390) Existing law also specifies that 19 |
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| 54 | 54 | | – 2 – |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | - *SB20* |
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| 58 | 58 | | if a case is tried by jury in a justice court, a certified court reporter must be present 20 |
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| 59 | 59 | | and report on the trial under certain circumstances. (NRS 175.011) Section 4 of this 21 |
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| 60 | 60 | | bill eliminates this requirement, thereby authorizing a justice court to record a 22 |
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| 61 | 61 | | proceeding before a jury using sound recording equipment under certain 23 |
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| 62 | 62 | | circumstances. 24 |
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| 63 | 63 | | Existing law provides that certain misdemeanors must be joined with related 25 |
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| 64 | 64 | | felonies or gross misdemeanors in the district courts. (NRS 173.115) Section 3 of 26 |
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| 65 | 65 | | this bill expands this requirement by providing that a misdemeanor must be joined 27 |
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| 66 | 66 | | with a related felony or gross misdemeanor in the district courts unless: (1) the 28 |
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| 67 | 67 | | misdemeanor is based solely upon an alleged violation of municipal code; or (2) an 29 |
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| 68 | 68 | | indictment is brought or information is filed in the district court for a felony or 30 |
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| 69 | 69 | | gross misdemeanor or both after the convening of a grand jury. Section 3 also: (1) 31 |
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| 70 | 70 | | requires a magistrate to hold a defendant to answer in district court for a 32 |
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| 71 | 71 | | misdemeanor charge contained in the same criminal complaint as a related felony 33 |
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| 72 | 72 | | or gross misdemeanor under certain circumstances; and (2) makes various other 34 |
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| 73 | 73 | | changes relating to misdemeanors which must be joined with a related felony or 35 |
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| 74 | 74 | | gross misdemeanor in district court. Section 5 of this bill makes a conforming 36 |
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| 75 | 75 | | change to reflect the exception to the jurisdiction of municipal courts created by 37 |
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| 76 | 76 | | section 3. 38 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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| 80 | 80 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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| 81 | 81 | | |
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| 82 | 82 | | Section 1. NRS 171.196 is hereby amended to read as follows: 1 |
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| 83 | 83 | | 171.196 1. If an offense is not triable in the Justice Court, the 2 |
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| 84 | 84 | | defendant must not be called upon to plead. If the defendant waives 3 |
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| 85 | 85 | | preliminary examination, the magistrate shall immediately hold the 4 |
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| 86 | 86 | | defendant to answer in the district court. If the defendant is advised 5 |
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| 87 | 87 | | by the magistrate in open court on the record that the waiver is 6 |
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| 88 | 88 | | unconditional or the defendant affirms in a written waiver that the 7 |
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| 89 | 89 | | waiver is unconditional, the matter must not be returned to the 8 |
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| 90 | 90 | | Justice Court and all further proceedings are in the exclusive 9 |
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| 91 | 91 | | jurisdiction of the district court. 10 |
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| 92 | 92 | | 2. If the defendant does not waive examination, the magistrate 11 |
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| 93 | 93 | | shall hear the evidence within 15 days, unless for good cause shown 12 |
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| 94 | 94 | | the magistrate extends such time. Unless the defendant waives 13 |
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| 95 | 95 | | counsel, reasonable time must be allowed for counsel to appear. 14 |
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| 96 | 96 | | 3. Except as otherwise provided in this subsection, if the 15 |
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| 97 | 97 | | magistrate postpones the examination at the request of a party, the 16 |
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| 98 | 98 | | magistrate may order that party to pay all or part of the costs and 17 |
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| 99 | 99 | | fees expended to have a witness attend the examination. The 18 |
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| 100 | 100 | | magistrate shall not require a party who requested the postponement 19 |
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| 101 | 101 | | of the examination to pay for the costs and fees of a witness if: 20 |
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| 102 | 102 | | (a) It was not reasonably necessary for the witness to attend the 21 |
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| 103 | 103 | | examination; or 22 |
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| 104 | 104 | | (b) The magistrate ordered the extension pursuant to 23 |
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| 105 | 105 | | subsection 4. 24 |
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| 106 | 106 | | – 3 – |
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| 107 | 107 | | |
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| 108 | 108 | | |
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| 109 | 109 | | - *SB20* |
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| 110 | 110 | | 4. If application is made for the appointment of counsel for an 1 |
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| 111 | 111 | | indigent defendant, the magistrate shall postpone the examination 2 |
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| 112 | 112 | | until: 3 |
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| 113 | 113 | | (a) The application has been granted or denied; and 4 |
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| 114 | 114 | | (b) If the application is granted, the attorney appointed or the 5 |
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| 115 | 115 | | public defender has had reasonable time to appear. 6 |
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| 116 | 116 | | 5. The defendant may cross-examine witnesses against him or 7 |
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| 117 | 117 | | her and may introduce evidence in his or her own behalf. 8 |
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| 118 | 118 | | 6. Hearsay evidence consisting of a statement made by the 9 |
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| 119 | 119 | | alleged victim of the offense is admissible at a preliminary 10 |
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| 120 | 120 | | examination conducted pursuant to this section only if the defendant 11 |
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| 121 | 121 | | is charged with one or more of the following offenses: 12 |
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| 122 | 122 | | (a) A sexual offense committed against a child who is under the 13 |
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| 123 | 123 | | age of 16 years if the offense is punishable as a felony. As used in 14 |
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| 124 | 124 | | this paragraph, “sexual offense” has the meaning ascribed to it in 15 |
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| 125 | 125 | | NRS 179D.097. 16 |
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| 126 | 126 | | (b) Abuse of a child pursuant to NRS 200.508 if the offense is 17 |
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| 127 | 127 | | committed against a child who is under the age of 16 years and the 18 |
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| 128 | 128 | | offense is punishable as a felony. 19 |
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| 129 | 129 | | (c) An act which constitutes domestic violence pursuant to NRS 20 |
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| 130 | 130 | | 33.018, which is punishable as a felony and which resulted in 21 |
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| 131 | 131 | | substantial bodily harm to the alleged victim. 22 |
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| 132 | 132 | | Sec. 2. NRS 171.198 is hereby amended to read as follows: 23 |
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| 133 | 133 | | 171.198 1. Except as otherwise provided in subsection 2, a 24 |
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| 134 | 134 | | magistrate shall employ a certified court reporter to take down all 25 |
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| 135 | 135 | | the testimony and the proceedings on the hearing or examination 26 |
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| 136 | 136 | | and, within such time as the court may designate, have such 27 |
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| 137 | 137 | | testimony and proceedings transcribed into typewritten transcript. 28 |
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| 138 | 138 | | 2. A magistrate who presides over a preliminary hearing in a 29 |
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| 139 | 139 | | justice court [, in any case other than in a case in which the death 30 |
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| 140 | 140 | | penalty is sought,] may employ a certified court reporter to take 31 |
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| 141 | 141 | | down all the testimony and the proceedings on the hearing or 32 |
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| 142 | 142 | | appoint a person to use sound recording equipment to record all the 33 |
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| 143 | 143 | | testimony and the proceedings on the hearing. If the magistrate 34 |
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| 144 | 144 | | appoints a person to use sound recording equipment to record the 35 |
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| 145 | 145 | | testimony and proceedings on the hearing, the testimony and 36 |
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| 146 | 146 | | proceedings must be recorded and transcribed in the same manner as 37 |
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| 147 | 147 | | set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the 38 |
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| 148 | 148 | | testimony and proceedings produced from a recording conducted 39 |
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| 149 | 149 | | pursuant to this subsection is subject to the provisions of this section 40 |
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| 150 | 150 | | in the same manner as a transcript produced by a certified court 41 |
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| 151 | 151 | | reporter. 42 |
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| 152 | 152 | | 3. When the testimony of each witness is all taken and 43 |
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| 153 | 153 | | transcribed by the reporter, the reporter shall certify to the transcript 44 |
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| 154 | 154 | | in the same manner as for a transcript of testimony in the district 45 |
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| 155 | 155 | | – 4 – |
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| 156 | 156 | | |
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| 157 | 157 | | |
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| 158 | 158 | | - *SB20* |
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| 159 | 159 | | court, which certificate authenticates the transcript for all purposes 1 |
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| 160 | 160 | | of this title. 2 |
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| 161 | 161 | | 4. Before the date set for trial, either party may move the court 3 |
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| 162 | 162 | | before which the case is pending to add to, delete from or otherwise 4 |
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| 163 | 163 | | correct the transcript to conform with the testimony as given and to 5 |
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| 164 | 164 | | settle the transcript so altered. 6 |
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| 165 | 165 | | 5. The compensation for the services of a reporter employed as 7 |
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| 166 | 166 | | provided in this section are the same as provided in NRS 3.370, to 8 |
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| 167 | 167 | | be paid out of the county treasury as other claims against the county 9 |
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| 168 | 168 | | are allowed and paid. 10 |
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| 169 | 169 | | 6. Testimony reduced to writing and authenticated according to 11 |
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| 170 | 170 | | the provisions of this section must be filed by the examining 12 |
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| 171 | 171 | | magistrate with the clerk of the district court of the magistrate’s 13 |
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| 172 | 172 | | county, and if the prisoner is subsequently examined upon a writ of 14 |
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| 173 | 173 | | habeas corpus, such testimony must be considered as given before 15 |
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| 174 | 174 | | such judge or court. A copy of the transcript must be furnished to 16 |
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| 175 | 175 | | the defendant and to the district attorney. 17 |
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| 176 | 176 | | 7. The testimony so taken may be used: 18 |
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| 177 | 177 | | (a) By the defendant; or 19 |
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| 178 | 178 | | (b) By the State if the defendant was represented by counsel or 20 |
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| 179 | 179 | | affirmatively waived his or her right to counsel, 21 |
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| 180 | 180 | | upon the trial of the cause, and in all proceedings therein, when 22 |
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| 181 | 181 | | the witness is sick, out of the State, dead, or persistent in refusing to 23 |
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| 182 | 182 | | testify despite an order of the judge to do so, or when the witness’s 24 |
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| 183 | 183 | | personal attendance cannot be had in court. 25 |
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| 184 | 184 | | Sec. 3. NRS 173.115 is hereby amended to read as follows: 26 |
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| 185 | 185 | | 173.115 1. Two or more offenses may be charged in the same 27 |
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| 186 | 186 | | indictment or information in a separate count for each offense if the 28 |
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| 187 | 187 | | offenses charged, whether felonies or gross misdemeanors or both, 29 |
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| 188 | 188 | | are: 30 |
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| 189 | 189 | | (a) Based on the same act or transaction; or 31 |
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| 190 | 190 | | (b) Based on two or more acts or transactions connected 32 |
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| 191 | 191 | | together or constituting parts of a common scheme or plan. 33 |
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| 192 | 192 | | 2. Except as otherwise provided in subsection [3:] 4: 34 |
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| 193 | 193 | | (a) A misdemeanor which was committed within the boundaries 35 |
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| 194 | 194 | | of a city and which would otherwise be within the jurisdiction of the 36 |
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| 195 | 195 | | municipal court must be charged in the same criminal complaint as a 37 |
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| 196 | 196 | | felony or gross misdemeanor or both if the misdemeanor is based on 38 |
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| 197 | 197 | | the same act or transaction as the felony or gross misdemeanor. A 39 |
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| 198 | 198 | | charge of a misdemeanor which meets the requirements of this 40 |
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| 199 | 199 | | subsection and which is erroneously included in a criminal 41 |
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| 200 | 200 | | complaint that is filed in the municipal court shall be deemed to be 42 |
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| 201 | 201 | | void ab initio and must be stricken. 43 |
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| 202 | 202 | | (b) A battery which constitutes domestic violence that is 44 |
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| 203 | 203 | | punishable as a misdemeanor pursuant to NRS 200.485 must be 45 |
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| 204 | 204 | | – 5 – |
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| 205 | 205 | | |
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| 206 | 206 | | |
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| 207 | 207 | | - *SB20* |
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| 208 | 208 | | charged in the same indictment or information in district court as a 1 |
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| 209 | 209 | | felony or gross misdemeanor or both if the battery is based on the 2 |
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| 210 | 210 | | same act or transaction as the felony or gross misdemeanor. 3 |
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| 211 | 211 | | 3. A misdemeanor: 4 |
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| 212 | 212 | | (a) Must be charged in the same indictment or information as 5 |
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| 213 | 213 | | a felony or gross misdemeanor or both, if the misdemeanor: 6 |
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| 214 | 214 | | (1) Meets the requirements of paragraph (a) or (b) of 7 |
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| 215 | 215 | | subsection 2; or 8 |
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| 216 | 216 | | (2) Was based on the same: 9 |
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| 217 | 217 | | (I) Act or transaction as the felony or gross 10 |
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| 218 | 218 | | misdemeanor or both; or 11 |
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| 219 | 219 | | (II) Two or more acts or transactions connected together 12 |
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| 220 | 220 | | or constituting part of a common scheme or plan as the felony or 13 |
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| 221 | 221 | | gross misdemeanor or both. 14 |
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| 222 | 222 | | (b) That meets the requirements of paragraph (a) and which is 15 |
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| 223 | 223 | | erroneously included in a criminal complaint that is filed in the 16 |
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| 224 | 224 | | municipal court shall be deemed to be void ab initio and must be 17 |
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| 225 | 225 | | stricken. 18 |
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| 226 | 226 | | 4. The provisions of [subsection] subsections 2 and 3 do not 19 |
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| 227 | 227 | | apply: 20 |
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| 228 | 228 | | (a) To a misdemeanor based solely upon an alleged violation of 21 |
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| 229 | 229 | | a municipal ordinance. 22 |
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| 230 | 230 | | (b) If an indictment is brought or an information is filed in the 23 |
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| 231 | 231 | | district court for a felony or gross misdemeanor or both after the 24 |
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| 232 | 232 | | convening of a grand jury. 25 |
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| 233 | 233 | | 5. A magistrate shall hold a defendant to answer in district 26 |
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| 234 | 234 | | court for a misdemeanor that is charged pursuant to this section 27 |
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| 235 | 235 | | in the same criminal complaint as a felony or gross misdemeanor 28 |
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| 236 | 236 | | or both, if: 29 |
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| 237 | 237 | | (a) The defendant waives preliminary examination; or 30 |
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| 238 | 238 | | (b) The magistrate, following a preliminary examination: 31 |
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| 239 | 239 | | (1) Holds the defendant to answer in district court pursuant 32 |
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| 240 | 240 | | to NRS 171.206 for a felony or a gross misdemeanor charge 33 |
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| 241 | 241 | | contained in the criminal complaint; and 34 |
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| 242 | 242 | | (2) Finds there is probable cause to believe that the 35 |
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| 243 | 243 | | misdemeanor has been committed and that the defendant has 36 |
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| 244 | 244 | | committed it. 37 |
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| 245 | 245 | | 6. The district court shall dispose of a misdemeanor charged 38 |
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| 246 | 246 | | pursuant to this section in the same indictment or information as a 39 |
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| 247 | 247 | | felony or gross misdemeanor or both. 40 |
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| 248 | 248 | | Sec. 4. NRS 175.011 is hereby amended to read as follows: 41 |
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| 249 | 249 | | 175.011 1. Cases required to be tried by jury must be so tried 42 |
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| 250 | 250 | | unless the defendant waives a jury trial in writing with the approval 43 |
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| 251 | 251 | | of the court and the consent of the prosecuting attorney. A defendant 44 |
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| 252 | 252 | | – 6 – |
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| 253 | 253 | | |
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| 254 | 254 | | |
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| 255 | 255 | | - *SB20* |
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| 256 | 256 | | who pleads not guilty to the charge of a capital offense must be tried 1 |
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| 257 | 257 | | by jury. 2 |
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| 258 | 258 | | 2. Except as otherwise provided in subsection 1, in a justice 3 |
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| 259 | 259 | | court, a case must be tried by jury only if the defendant so demands 4 |
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| 260 | 260 | | in writing not less than 30 days before trial. [Except as otherwise 5 |
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| 261 | 261 | | provided in NRS 4.390 and 4.400, if a case is tried by jury, a 6 |
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| 262 | 262 | | reporter must be present who is a certified court reporter and shall 7 |
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| 263 | 263 | | report the trial.] 8 |
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| 264 | 264 | | 3. Any proceeding before a jury in justice court may be 9 |
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| 265 | 265 | | recorded using sound recording equipment in accordance with 10 |
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| 266 | 266 | | NRS 4.390 and 4.400. 11 |
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| 267 | 267 | | Sec. 5. NRS 5.050 is hereby amended to read as follows: 12 |
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| 268 | 268 | | 5.050 1. Municipal courts have jurisdiction of civil actions or 13 |
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| 269 | 269 | | proceedings: 14 |
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| 270 | 270 | | (a) For the violation of any ordinance of their respective cities. 15 |
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| 271 | 271 | | (b) To determine whether a person has committed a civil 16 |
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| 272 | 272 | | infraction punishable pursuant to NRS 484A.703 to 484A.705, 17 |
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| 273 | 273 | | inclusive. 18 |
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| 274 | 274 | | (c) To prevent or abate a nuisance within the limits of their 19 |
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| 275 | 275 | | respective cities. 20 |
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| 276 | 276 | | 2. Except as otherwise provided in [subsection] subsections 2 21 |
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| 277 | 277 | | and 3 of NRS 173.115, the municipal courts have jurisdiction of all 22 |
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| 278 | 278 | | misdemeanors committed in violation of the ordinances of their 23 |
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| 279 | 279 | | respective cities. A municipal court may, upon approval of the 24 |
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| 280 | 280 | | district court, transfer original jurisdiction of a misdemeanor to the 25 |
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| 281 | 281 | | district court for the purpose of assigning an offender to a program 26 |
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| 282 | 282 | | established: 27 |
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| 283 | 283 | | (a) By the district court pursuant to: 28 |
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| 284 | 284 | | (1) NRS 176A.250, if the municipal court: 29 |
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| 285 | 285 | | (I) Has not established its own program pursuant to that 30 |
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| 286 | 286 | | section; or 31 |
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| 287 | 287 | | (II) Determines that the transfer is appropriate and 32 |
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| 288 | 288 | | necessary; or 33 |
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| 289 | 289 | | (2) NRS 176A.280, if the municipal court has not established 34 |
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| 290 | 290 | | its own program pursuant to that section; or 35 |
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| 291 | 291 | | (b) Pursuant to NRS 433A.335, if the offender is eligible to 36 |
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| 292 | 292 | | receive assisted outpatient treatment pursuant to that section. 37 |
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| 293 | 293 | | 3. The municipal courts have jurisdiction of: 38 |
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| 294 | 294 | | (a) Any action for the collection of taxes or assessments levied 39 |
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| 295 | 295 | | for city purposes, when the principal sum thereof does not exceed 40 |
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| 296 | 296 | | $2,500. 41 |
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| 297 | 297 | | (b) Actions to foreclose liens in the name of the city for the 42 |
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| 298 | 298 | | nonpayment of those taxes or assessments when the principal sum 43 |
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| 299 | 299 | | claimed does not exceed $2,500. 44 |
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| 300 | 300 | | – 7 – |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | - *SB20* |
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| 304 | 304 | | (c) Actions for the breach of any bond given by any officer or 1 |
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| 305 | 305 | | person to or for the use or benefit of the city, and of any action for 2 |
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| 306 | 306 | | damages to which the city is a party, and upon all forfeited 3 |
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| 307 | 307 | | recognizances given to or for the use or benefit of the city, and upon 4 |
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| 308 | 308 | | all bonds given on appeals from the municipal court in any of the 5 |
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| 309 | 309 | | cases named in this section, when the principal sum claimed does 6 |
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| 310 | 310 | | not exceed $2,500. 7 |
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| 311 | 311 | | (d) Actions for the recovery of personal property belonging to 8 |
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| 312 | 312 | | the city, when the value thereof does not exceed $2,500. 9 |
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| 313 | 313 | | (e) Actions by the city for the collection of any damages, debts 10 |
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| 314 | 314 | | or other obligations when the amount claimed, exclusive of costs or 11 |
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| 315 | 315 | | attorney’s fees, or both if allowed, does not exceed $2,500. 12 |
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| 316 | 316 | | (f) Actions seeking an order pursuant to NRS 441A.195. 13 |
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| 317 | 317 | | 4. Nothing contained in subsection 3 gives the municipal court 14 |
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| 318 | 318 | | jurisdiction to determine any such cause when it appears from the 15 |
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| 319 | 319 | | pleadings that the validity of any tax, assessment or levy, or title to 16 |
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| 320 | 320 | | real property, is necessarily an issue in the cause, in which case the 17 |
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| 321 | 321 | | court shall certify the cause to the district court in like manner and 18 |
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| 322 | 322 | | with the same effect as provided by law for certification of causes 19 |
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| 323 | 323 | | by justice courts. 20 |
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| 324 | 324 | | 5. The municipal courts may hold a jury trial for any matter: 21 |
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| 325 | 325 | | (a) Within the jurisdiction of the municipal court; and 22 |
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| 326 | 326 | | (b) Required by the United States Constitution, the Nevada 23 |
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| 327 | 327 | | Constitution or statute. 24 |
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| 328 | 328 | | 6. A municipal judge may, pursuant to an interlocal agreement, 25 |
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| 329 | 329 | | conduct a pretrial release hearing in a justice court. 26 |
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| 330 | 330 | | Sec. 6. This act becomes effective on July 1, 2025. 27 |
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| 331 | 331 | | |
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| 332 | 332 | | H |
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| 333 | 333 | | |
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