S.B. 359
- *SB359*
SENATE BILL NO. 359–COMMITTEE ON JUDICIARY
MARCH 17, 2025
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Referred to Committee on Growth and Infrastructure
SUMMARY—Makes various changes relating to traffic offenses.
(BDR 43-900)
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 vehicles; revising provisions governing a
hearing to contest the determination set forth in a civil
infraction citation; requiring a misdemeanor offense and a
civil infraction to be included in the same criminal
complaint under certain circumstances; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the procedures for a hearing at which a person may 1
contest whether the person committed a violation set forth in a civil infraction 2
citation. (NRS 484A.7041) Section 4 of this bill replaces a requirement that, before 3
any such hearing, the person must post a bond equal to the amount of the full 4
payment of the monetary penalty, administrative assessment and any fees specified 5
in the civil infraction citation with a requirement that the person must post a bond 6
of not more than that amount. Section 4 also: (1) authorizes counsel to appear on 7
behalf of a person who requests a hearing; and (2) provides that if counsel appears 8
at the hearing, the person who requested the hearing is not required to attend. 9
Section 1 of this bill makes certain rules of evidence applicable to the adjudication 10
of contested cases under the Nevada Administrative Procedure Act applicable to 11
any such hearing. 12
Under existing law, if a person is arrested for a misdemeanor offense arising 13
out of the same facts and circumstances as certain violations of law that are 14
punishable as civil infractions, the offense and the civil infraction may be included 15
in the same criminal complaint. (NRS 484A.7033) Section 2 of this bill revises this 16
provision to instead require the inclusion of both the offense and the civil infraction 17
in the same criminal complaint. 18
Existing law: (1) authorizes a prosecuting attorney to elect to treat certain 19
traffic and related offenses that are punishable as a misdemeanor instead as a civil 20
infraction; and (2) provides a procedure for making such an election. Pursuant to 21
this procedure, existing law requires the prosecuting attorney to make the election 22
on or before the time scheduled for the first appearance of the defendant. 23
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(NRS 484A.7049) Section 5 of this bill eliminates this requirement and certain 24
related procedural requirements. Section 3 of this bill makes a conforming change 25
to remove a reference to provisions eliminated by section 5. 26
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
1. A hearing conducted pursuant to NRS 484A.7041 must be 3
conducted in accordance with the provisions of this section by a 4
qualified magistrate as specified in NRS 484A.750. 5
2. Subpoenas may be issued by: 6
(a) The magistrate. 7
(b) The parties. 8
(c) The attorney of record for a party. 9
Obedience to the subpoena may be compelled in the same 10
manner as provided in chapter 22 of NRS. 11
3. At a hearing conducted pursuant to NRS 484A.7041: 12
(a) Oral evidence may be taken only upon oath or affirmation 13
administered by the magistrate. 14
(b) Every party has the right to: 15
(1) Call and examine witnesses; 16
(2) Introduce exhibits relevant to the issues of the case; 17
(3) Cross-examine opposing witnesses on any matters 18
relevant to the issues of the case, even though the matter was not 19
covered in a direct examination; 20
(4) Impeach any witness regardless of which party first 21
called the witness to testify; and 22
(5) Offer rebuttal evidence. 23
(c) The hearing need not be conducted according to technical 24
rules relating to evidence and witnesses, except that those 25
prescribed in NRS 233B.123 apply. Any relevant evidence that is 26
not immaterial or unduly repetitious may be admitted and is 27
sufficient in itself to support a finding if it is the sort of evidence 28
on which responsible persons are accustomed to rely in the 29
conduct of serious affairs, regardless of the existence of any 30
common law or statutory rule which might make improper the 31
admission of such evidence over objection in a civil action. 32
(d) The parties or their counsel may by written stipulation 33
agree that certain specified evidence may be admitted even though 34
such evidence might otherwise be subject to objection. 35
4. The magistrate may: 36
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(a) Conduct a hearing by telephone, audiovisual means or 1
other electronic means outside of the judicial district in which the 2
magistrate is appointed. 3
(b) Permit a party or witness residing outside of the judicial 4
district to be deposed or to testify by telephone, audiovisual means 5
or other electronic means. 6
Sec. 2. NRS 484A.7033 is hereby amended to read as follows: 7
484A.7033 1. Except as otherwise provided by law, a peace 8
officer in this State who has reasonable cause to believe that a 9
person has violated a provision of chapters 483 to 484E, inclusive, 10
486 or 490 of NRS that is a civil infraction may halt and detain the 11
person as is reasonably necessary to investigate the alleged violation 12
and issue a civil infraction citation for the alleged violation. A peace 13
officer who has halted and detained a person pursuant to this section 14
may also: 15
(a) Detain the person in accordance with NRS 171.123 if 16
circumstances exist that warrant such a detention; 17
(b) Search the person to ascertain the presence of a weapon in 18
accordance with NRS 171.1232 and take any other action authorized 19
pursuant to that section or any other provision of law; and 20
(c) Arrest the person in accordance with NRS 171.1231 if 21
probable cause for the arrest exists. 22
2. If a person is arrested pursuant to paragraph (c) of 23
subsection 1 for an offense that arises out of the same facts and 24
circumstances as the civil infraction and is punishable as a 25
misdemeanor, the offense and the civil infraction [may] must be 26
included in the same criminal complaint. 27
Sec. 3. NRS 484A.7035 is hereby amended to read as follows: 28
484A.7035 1. When a person is halted by a peace officer in 29
this State for any violation of chapters 483 to 484E, inclusive, 486 30
or 490 of NRS that is a civil infraction, or a prosecuting attorney 31
elects to treat a violation of chapters 483 to 484E, inclusive, 486 or 32
490 of NRS that is punishable as a misdemeanor instead as a civil 33
infraction in accordance with NRS 484A.7049, the peace officer or 34
prosecuting attorney, as applicable, may prepare a civil infraction 35
citation manually or electronically in the form of a complaint 36
issuing in the name of “The State of Nevada,” containing : [, except 37
as otherwise provided in paragraph (a) of subsection 2 of 38
NRS 484A.7049:] 39
(a) A statement that the citation represents a determination by a 40
peace officer or prosecuting attorney that a civil infraction has been 41
committed by the person named in the citation and that the 42
determination will be final unless contested as provided in NRS 43
484A.703 to 484A.705, inclusive; 44
(b) A statement that a civil infraction is not a criminal offense; 45
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(c) The name, date of birth, residential address and mailing 1
address, if different from the residential address, telephone number 2
and electronic mail address of the person who is being issued the 3
citation and an indication as to whether the person has agreed to 4
receive communications relating to the civil infraction by text 5
message; 6
(d) The state registration number of the person’s vehicle, if any; 7
(e) The number of the person’s driver’s license, if any; 8
(f) The civil infraction for which the citation was issued; 9
(g) The personnel number or other unique agency identification 10
number of the peace officer issuing the citation and the address and 11
phone number of the agency which employs the peace officer or, if a 12
prosecuting attorney is issuing the citation, the personnel number or 13
other unique agency identification number of the peace officer who 14
halted the person for the violation or the volunteer appointed 15
pursuant to NRS 484B.470 who issued the citation and the address 16
and phone number of the agency which employs the peace officer or 17
volunteer, preprinted or printed legibly on the citation; 18
(h) A statement of the options provided pursuant to NRS 19
484A.703 to 484A.705, inclusive, for responding to the citation and 20
the procedures necessary to exercise these options; 21
(i) A statement that, at any hearing to contest the determination 22
set forth in the citation, the facts that constitute the infraction must 23
be proved by a preponderance of the evidence and the person may 24
subpoena witnesses, including, without limitation, the peace officer 25
or duly authorized member or volunteer of a traffic enforcement 26
agency who issued the citation or halted the person; and 27
(j) A statement that the person must respond to the citation as 28
provided in NRS 484A.703 to 484A.705, inclusive, within 90 29
calendar days. 30
2. A peace officer who issues a civil infraction citation 31
pursuant to subsection 1 shall sign the citation and deliver a copy of 32
the citation to the person charged with the civil infraction. If the 33
citation is prepared electronically, the peace officer shall sign 34
the copy of the citation that is delivered to the person charged with 35
the violation. 36
3. A civil infraction citation may be served by delivering a 37
copy of the citation to the person charged with the civil infraction 38
pursuant to this section or NRS 484A.7049. The acceptance of a 39
civil infraction citation by the person charged with the civil 40
infraction shall be deemed personal service of the citation and a 41
copy of the citation signed by the peace officer or prosecuting 42
attorney, as applicable, constitutes proof of service. If a person 43
charged with a civil infraction refuses to accept a civil infraction 44
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citation, the copy of the citation signed by the peace officer or 1
prosecuting attorney, as applicable, constitutes proof of service. 2
Sec. 4. NRS 484A.7041 is hereby amended to read as follows: 3
484A.7041 1. If, pursuant to subsection 3 of NRS 484A.704, 4
a person receiving a civil infraction citation requests a hearing to 5
contest the determination that the person has committed the civil 6
infraction set forth in the citation, the hearing must be conducted in 7
accordance with this section. 8
2. Except as otherwise provided in this subsection, before a 9
hearing to contest the determination that a person has committed a 10
civil infraction, the court shall require the person to post a bond . 11
[equal to] The court shall fix the amount of the bond at not more 12
than the amount of the full payment of the monetary penalty, the 13
administrative assessment and any fees specified in the civil 14
infraction citation. In lieu of posting such a bond, the person may 15
instead deposit cash with the court in the amount of the bond 16
required pursuant to this subsection. Any bond posted or cash 17
deposited with the court pursuant to this subsection must be 18
forfeited upon the court’s finding that the person committed the civil 19
infraction. Any person whom the court determines is unable to pay 20
the costs of defending the action or is a client of a program for legal 21
aid in accordance with NRS 12.015 must not be required to post a 22
bond or deposit cash with the court in accordance with this 23
subsection. 24
3. The person who requested the hearing may, at his or her 25
expense, be represented by counsel . [, and a city attorney or district 26
attorney, in his or her discretion and as applicable,] If counsel 27
appears at the hearing, the person who requested the hearing is 28
not required to attend. A prosecuting attorney may represent the 29
plaintiff. 30
4. A hearing conducted pursuant to this section must be 31
conducted by the court without a jury. In lieu of the personal 32
appearance at the hearing by the peace officer who issued the civil 33
infraction citation, the court may consider the information contained 34
in the civil infraction citation and any other written statement 35
submitted under oath by the peace officer. If the court has 36
established a system pursuant to NRS 484A.615, the peace officer 37
may, if authorized by the court, use the system to submit such a 38
statement. The person named in the civil infraction citation may 39
subpoena witnesses, including, without limitation, the peace officer 40
who issued the citation, and has the right to present evidence and 41
examine witnesses present in court. 42
5. After consideration of the evidence and argument, the court 43
shall determine whether a civil infraction was committed by the 44
person named in the civil infraction citation. The court must find by 45
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a preponderance of the evidence that the person named in the civil 1
infraction citation committed a civil infraction. If it has not been 2
established by a preponderance of the evidence that the infraction 3
was committed by the person named in the citation, the court must 4
enter an order dismissing the civil infraction citation in the court’s 5
records. If it has been established by a preponderance of the 6
evidence that the infraction was committed, the court must enter in 7
the court’s records an order pursuant to NRS 484A.7043. 8
6. An appeal from the court’s determination or order may be 9
taken in the same manner as any other civil appeal from a municipal 10
court or justice court, as applicable, except that: 11
(a) The notice of appeal must be filed not later than 7 calendar 12
days after the court enters in the court’s records an order pursuant to 13
NRS 484A.7043; 14
(b) If the appellant is the person charged with the civil 15
infraction, any bond required to be given by the appellant in order to 16
secure a stay of execution of the order of the court during the 17
pendency of the appeal must equal the amount of the monetary 18
penalty and administrative assessments which the court has ordered 19
the appellant to pay pursuant to NRS 484A.7043. Any bond must be 20
forfeited if the order of the court is affirmed on appeal; and 21
(c) If a prosecuting attorney does not represent the plaintiff 22
during the proceedings in the justice court or municipal court, the 23
appellate court shall review the record and any arguments presented 24
by the person charged with the civil infraction and render a decision. 25
Sec. 5. NRS 484A.7049 is hereby amended to read as follows: 26
484A.7049 [1.] A prosecuting attorney may elect to treat a 27
violation of a provision of chapters 483 to 484E, inclusive, 486 or 28
490 of NRS that is punishable as a misdemeanor, other than a 29
violation of NRS 484C.110 or 484C.120, as a civil infraction 30
pursuant to NRS 484A.703 to 484A.705, inclusive. 31
[2. The prosecuting attorney shall make the election described 32
in subsection 1 on or before the time scheduled for the first 33
appearance of the defendant by: 34
(a) Preparing a civil infraction citation in accordance with 35
subsection 1 of NRS 484A.7035 that contains all applicable 36
information that is known to the prosecuting attorney, signing the 37
citation and filing the citation with a court having jurisdiction over 38
the alleged offense or with its traffic violations bureau; 39
(b) Filing notice of the prosecuting attorney’s election with the 40
court having jurisdiction of the underlying criminal charge; and 41
(c) Delivering a copy of the notice and citation to the defendant. 42
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3. Upon the filing of a notice pursuant to paragraph (b) of 1
subsection 2, the court shall dismiss the underlying criminal charge.] 2
H