S.B. 20
- *SB20*
SENATE BILL NO. 20–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE NEVADA SUPREME COURT)
PREFILED NOVEMBER 6, 2024
____________
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 provisions
governing the waiver of the right of a defendant to have a
preliminary examination; revising requirements relating
to certain proceedings in justice court; requiring the
joinder of certain misdemeanors with certain felonies or
gross misdemeanors; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) grants a defendant who is charged with an offense that is not 1
triable in the Justice Court the right to have a preliminary examination; and (2) 2
authorizes the defendant to waive the preliminary examination. (NRS 171.196) 3
Section 1 of this bill provides that if a defendant waives preliminary examination, 4
the matter must not be returned to the justice court if: (1) the magistrate advises the 5
defendant in open court on the record that the waiver is unconditional; or (2) the 6
defendant affirms in writing that the waiver is unconditional. 7
Existing law authorizes a magistrate, when presiding over a preliminary hearing 8
in justice court, in any case other than a case in which the death penalty is sought, 9
to choose whether to employ a certified court reporter or appoint a person to use 10
sound recording equipment to record certain testimony and the proceedings of the 11
court. (NRS 171.198) Section 2 of this bill eliminates language prohibiting a 12
magistrate from appointing a person to use sound recording equipment in a case in 13
which the death penalty is sought. Section 2 thereby authorizes a magistrate, when 14
presiding over any preliminary hearing in justice court, to choose whether to 15
employ a certified court reporter or appoint a person to use sound recording 16
equipment to record certain testimony and proceedings of the court. 17
Existing law requires certain proceedings in a justice court to be recorded by 18
the use of sound recording equipment. (NRS 4.390) Existing law also specifies that 19
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if a case is tried by jury in a justice court, a certified court reporter must be present 20
and report on the trial under certain circumstances. (NRS 175.011) Section 4 of this 21
bill eliminates this requirement, thereby authorizing a justice court to record a 22
proceeding before a jury using sound recording equipment under certain 23
circumstances. 24
Existing law provides that certain misdemeanors must be joined with related 25
felonies or gross misdemeanors in the district courts. (NRS 173.115) Section 3 of 26
this bill expands this requirement by providing that a misdemeanor must be joined 27
with a related felony or gross misdemeanor in the district courts unless: (1) the 28
misdemeanor is based solely upon an alleged violation of municipal code; or (2) an 29
indictment is brought or information is filed in the district court for a felony or 30
gross misdemeanor or both after the convening of a grand jury. Section 3 also: (1) 31
requires a magistrate to hold a defendant to answer in district court for a 32
misdemeanor charge contained in the same criminal complaint as a related felony 33
or gross misdemeanor under certain circumstances; and (2) makes various other 34
changes relating to misdemeanors which must be joined with a related felony or 35
gross misdemeanor in district court. Section 5 of this bill makes a conforming 36
change to reflect the exception to the jurisdiction of municipal courts created by 37
section 3. 38
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.196 is hereby amended to read as follows: 1
171.196 1. If an offense is not triable in the Justice Court, the 2
defendant must not be called upon to plead. If the defendant waives 3
preliminary examination, the magistrate shall immediately hold the 4
defendant to answer in the district court. If the defendant is advised 5
by the magistrate in open court on the record that the waiver is 6
unconditional or the defendant affirms in a written waiver that the 7
waiver is unconditional, the matter must not be returned to the 8
Justice Court and all further proceedings are in the exclusive 9
jurisdiction of the district court. 10
2. If the defendant does not waive examination, the magistrate 11
shall hear the evidence within 15 days, unless for good cause shown 12
the magistrate extends such time. Unless the defendant waives 13
counsel, reasonable time must be allowed for counsel to appear. 14
3. Except as otherwise provided in this subsection, if the 15
magistrate postpones the examination at the request of a party, the 16
magistrate may order that party to pay all or part of the costs and 17
fees expended to have a witness attend the examination. The 18
magistrate shall not require a party who requested the postponement 19
of the examination to pay for the costs and fees of a witness if: 20
(a) It was not reasonably necessary for the witness to attend the 21
examination; or 22
(b) The magistrate ordered the extension pursuant to 23
subsection 4. 24
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4. If application is made for the appointment of counsel for an 1
indigent defendant, the magistrate shall postpone the examination 2
until: 3
(a) The application has been granted or denied; and 4
(b) If the application is granted, the attorney appointed or the 5
public defender has had reasonable time to appear. 6
5. The defendant may cross-examine witnesses against him or 7
her and may introduce evidence in his or her own behalf. 8
6. Hearsay evidence consisting of a statement made by the 9
alleged victim of the offense is admissible at a preliminary 10
examination conducted pursuant to this section only if the defendant 11
is charged with one or more of the following offenses: 12
(a) A sexual offense committed against a child who is under the 13
age of 16 years if the offense is punishable as a felony. As used in 14
this paragraph, “sexual offense” has the meaning ascribed to it in 15
NRS 179D.097. 16
(b) Abuse of a child pursuant to NRS 200.508 if the offense is 17
committed against a child who is under the age of 16 years and the 18
offense is punishable as a felony. 19
(c) An act which constitutes domestic violence pursuant to NRS 20
33.018, which is punishable as a felony and which resulted in 21
substantial bodily harm to the alleged victim. 22
Sec. 2. NRS 171.198 is hereby amended to read as follows: 23
171.198 1. Except as otherwise provided in subsection 2, a 24
magistrate shall employ a certified court reporter to take down all 25
the testimony and the proceedings on the hearing or examination 26
and, within such time as the court may designate, have such 27
testimony and proceedings transcribed into typewritten transcript. 28
2. A magistrate who presides over a preliminary hearing in a 29
justice court [, in any case other than in a case in which the death 30
penalty is sought,] may employ a certified court reporter to take 31
down all the testimony and the proceedings on the hearing or 32
appoint a person to use sound recording equipment to record all the 33
testimony and the proceedings on the hearing. If the magistrate 34
appoints a person to use sound recording equipment to record the 35
testimony and proceedings on the hearing, the testimony and 36
proceedings must be recorded and transcribed in the same manner as 37
set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the 38
testimony and proceedings produced from a recording conducted 39
pursuant to this subsection is subject to the provisions of this section 40
in the same manner as a transcript produced by a certified court 41
reporter. 42
3. When the testimony of each witness is all taken and 43
transcribed by the reporter, the reporter shall certify to the transcript 44
in the same manner as for a transcript of testimony in the district 45
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court, which certificate authenticates the transcript for all purposes 1
of this title. 2
4. Before the date set for trial, either party may move the court 3
before which the case is pending to add to, delete from or otherwise 4
correct the transcript to conform with the testimony as given and to 5
settle the transcript so altered. 6
5. The compensation for the services of a reporter employed as 7
provided in this section are the same as provided in NRS 3.370, to 8
be paid out of the county treasury as other claims against the county 9
are allowed and paid. 10
6. Testimony reduced to writing and authenticated according to 11
the provisions of this section must be filed by the examining 12
magistrate with the clerk of the district court of the magistrate’s 13
county, and if the prisoner is subsequently examined upon a writ of 14
habeas corpus, such testimony must be considered as given before 15
such judge or court. A copy of the transcript must be furnished to 16
the defendant and to the district attorney. 17
7. The testimony so taken may be used: 18
(a) By the defendant; or 19
(b) By the State if the defendant was represented by counsel or 20
affirmatively waived his or her right to counsel, 21
upon the trial of the cause, and in all proceedings therein, when 22
the witness is sick, out of the State, dead, or persistent in refusing to 23
testify despite an order of the judge to do so, or when the witness’s 24
personal attendance cannot be had in court. 25
Sec. 3. NRS 173.115 is hereby amended to read as follows: 26
173.115 1. Two or more offenses may be charged in the same 27
indictment or information in a separate count for each offense if the 28
offenses charged, whether felonies or gross misdemeanors or both, 29
are: 30
(a) Based on the same act or transaction; or 31
(b) Based on two or more acts or transactions connected 32
together or constituting parts of a common scheme or plan. 33
2. Except as otherwise provided in subsection [3:] 4: 34
(a) A misdemeanor which was committed within the boundaries 35
of a city and which would otherwise be within the jurisdiction of the 36
municipal court must be charged in the same criminal complaint as a 37
felony or gross misdemeanor or both if the misdemeanor is based on 38
the same act or transaction as the felony or gross misdemeanor. A 39
charge of a misdemeanor which meets the requirements of this 40
subsection and which is erroneously included in a criminal 41
complaint that is filed in the municipal court shall be deemed to be 42
void ab initio and must be stricken. 43
(b) A battery which constitutes domestic violence that is 44
punishable as a misdemeanor pursuant to NRS 200.485 must be 45
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charged in the same indictment or information in district court as a 1
felony or gross misdemeanor or both if the battery is based on the 2
same act or transaction as the felony or gross misdemeanor. 3
3. A misdemeanor: 4
(a) Must be charged in the same indictment or information as 5
a felony or gross misdemeanor or both, if the misdemeanor: 6
(1) Meets the requirements of paragraph (a) or (b) of 7
subsection 2; or 8
(2) Was based on the same: 9
(I) Act or transaction as the felony or gross 10
misdemeanor or both; or 11
(II) Two or more acts or transactions connected together 12
or constituting part of a common scheme or plan as the felony or 13
gross misdemeanor or both. 14
(b) That meets the requirements of paragraph (a) and which is 15
erroneously included in a criminal complaint that is filed in the 16
municipal court shall be deemed to be void ab initio and must be 17
stricken. 18
4. The provisions of [subsection] subsections 2 and 3 do not 19
apply: 20
(a) To a misdemeanor based solely upon an alleged violation of 21
a municipal ordinance. 22
(b) If an indictment is brought or an information is filed in the 23
district court for a felony or gross misdemeanor or both after the 24
convening of a grand jury. 25
5. A magistrate shall hold a defendant to answer in district 26
court for a misdemeanor that is charged pursuant to this section 27
in the same criminal complaint as a felony or gross misdemeanor 28
or both, if: 29
(a) The defendant waives preliminary examination; or 30
(b) The magistrate, following a preliminary examination: 31
(1) Holds the defendant to answer in district court pursuant 32
to NRS 171.206 for a felony or a gross misdemeanor charge 33
contained in the criminal complaint; and 34
(2) Finds there is probable cause to believe that the 35
misdemeanor has been committed and that the defendant has 36
committed it. 37
6. The district court shall dispose of a misdemeanor charged 38
pursuant to this section in the same indictment or information as a 39
felony or gross misdemeanor or both. 40
Sec. 4. NRS 175.011 is hereby amended to read as follows: 41
175.011 1. Cases required to be tried by jury must be so tried 42
unless the defendant waives a jury trial in writing with the approval 43
of the court and the consent of the prosecuting attorney. A defendant 44
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who pleads not guilty to the charge of a capital offense must be tried 1
by jury. 2
2. Except as otherwise provided in subsection 1, in a justice 3
court, a case must be tried by jury only if the defendant so demands 4
in writing not less than 30 days before trial. [Except as otherwise 5
provided in NRS 4.390 and 4.400, if a case is tried by jury, a 6
reporter must be present who is a certified court reporter and shall 7
report the trial.] 8
3. Any proceeding before a jury in justice court may be 9
recorded using sound recording equipment in accordance with 10
NRS 4.390 and 4.400. 11
Sec. 5. NRS 5.050 is hereby amended to read as follows: 12
5.050 1. Municipal courts have jurisdiction of civil actions or 13
proceedings: 14
(a) For the violation of any ordinance of their respective cities. 15
(b) To determine whether a person has committed a civil 16
infraction punishable pursuant to NRS 484A.703 to 484A.705, 17
inclusive. 18
(c) To prevent or abate a nuisance within the limits of their 19
respective cities. 20
2. Except as otherwise provided in [subsection] subsections 2 21
and 3 of NRS 173.115, the municipal courts have jurisdiction of all 22
misdemeanors committed in violation of the ordinances of their 23
respective cities. A municipal court may, upon approval of the 24
district court, transfer original jurisdiction of a misdemeanor to the 25
district court for the purpose of assigning an offender to a program 26
established: 27
(a) By the district court pursuant to: 28
(1) NRS 176A.250, if the municipal court: 29
(I) Has not established its own program pursuant to that 30
section; or 31
(II) Determines that the transfer is appropriate and 32
necessary; or 33
(2) NRS 176A.280, if the municipal court has not established 34
its own program pursuant to that section; or 35
(b) Pursuant to NRS 433A.335, if the offender is eligible to 36
receive assisted outpatient treatment pursuant to that section. 37
3. The municipal courts have jurisdiction of: 38
(a) Any action for the collection of taxes or assessments levied 39
for city purposes, when the principal sum thereof does not exceed 40
$2,500. 41
(b) Actions to foreclose liens in the name of the city for the 42
nonpayment of those taxes or assessments when the principal sum 43
claimed does not exceed $2,500. 44
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(c) Actions for the breach of any bond given by any officer or 1
person to or for the use or benefit of the city, and of any action for 2
damages to which the city is a party, and upon all forfeited 3
recognizances given to or for the use or benefit of the city, and upon 4
all bonds given on appeals from the municipal court in any of the 5
cases named in this section, when the principal sum claimed does 6
not exceed $2,500. 7
(d) Actions for the recovery of personal property belonging to 8
the city, when the value thereof does not exceed $2,500. 9
(e) Actions by the city for the collection of any damages, debts 10
or other obligations when the amount claimed, exclusive of costs or 11
attorney’s fees, or both if allowed, does not exceed $2,500. 12
(f) Actions seeking an order pursuant to NRS 441A.195. 13
4. Nothing contained in subsection 3 gives the municipal court 14
jurisdiction to determine any such cause when it appears from the 15
pleadings that the validity of any tax, assessment or levy, or title to 16
real property, is necessarily an issue in the cause, in which case the 17
court shall certify the cause to the district court in like manner and 18
with the same effect as provided by law for certification of causes 19
by justice courts. 20
5. The municipal courts may hold a jury trial for any matter: 21
(a) Within the jurisdiction of the municipal court; and 22
(b) Required by the United States Constitution, the Nevada 23
Constitution or statute. 24
6. A municipal judge may, pursuant to an interlocal agreement, 25
conduct a pretrial release hearing in a justice court. 26
Sec. 6. This act becomes effective on July 1, 2025. 27
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