AB 38 — Revises provisions relating to bail. (BDR 14-399)

(ReprintedAssembly withBill amendmentsNo. adopted on April 11, 2017) FIRST REPRINT A.B.

3838–Committee ASSEMBLYon BILLJudiciary NOCHAPTER.......... .

38–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to bail.

(BDR 14-399) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides that, under certain circumstances, a bail bond posted for an original offense charged must be transferred to the clerk of the court in which a related public offense is later charged and notice of the transfer must be mailed to the surety on the bond and the bail agent who executed the bond.

Existing law provides that, under certain circumstances, if a defendant fails to make a required appearance in court, the court shall:

(1) not later than 45 days to after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant;

and (2) authorizes the electronic providestransmission that,of in the casenotice of electronicthe transmission,defendant’s afailure receiptto ofappear. delivery must be requested.

ExistingSection 3 also provides that, in the case of electronic transmission, a receipt of delivery must be requExisting law requires notice of a motion to enforce liability for a bond to be mailed to the obligor.

Section 5 of this bill requires, with certain exceptions, every bail agent and insurer authorized to write surety in this State and every subsidiary corporation of - *AB38_R1* – 2 – any such insurer to maintain a means of receiving electronic transmissions and to receive electronic transmissions pursuant to sections 2-4 of this bill.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and - 79th Session (2017) – 2 – 2.

178.502execute 1.a bond for the person’s appearance.

A person required or permitted to give bail shall execute a bond for the person’s appearance.

If the action or proceeding against a defendant who has been admitted to bail is dismissed, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order ofofed -until *AB38_R1*a – 3 – dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period.

If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the bail must be applied to the public offense later charged, and the bond or undertaking must be - 79th Session (2017) – 3 – transferred to the clerk of the appropriate court.

6.magistrate or the clerk of the court from which the appeal is taken.

Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

Except as otherwise provided in subsection 3 and NRS 178.509, an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of the court and signed by the court.

The undertaking - *AB38_R1* – 4 – or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed or electronically transmitted pursuant to subsection 1.

- 79th Session (2017) – 4 – (b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:

(2)(3) Is insane;being detained by civil or military authorities, ¬ and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

or (3) Is being detained by civil or military authorities, ¬ and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

Chapter 697 of NRS is hereby amended by adding theretothe1.to Except as otherwise provided in subsections 2 and 3, every bail agent and insurer authorized to write surety in this State and every subsidiary corporation of such an insurer shall maintain a newmeans sectionof receiving electronic transmissions and shall receive electronic transmissions made pursuant to readNRS as178.502, follows:178.508 and 178.514.

1.2.

ExceptBefore asApril otherwise1, provided2018, ina subsections 2 and 3, every bail agent andor insurer authorized to write surety in this State and every subsidiary corporation of such an insurer shallmay maintainelect to receive a meansnotice ofpursuant receivingto electronicNRS transmissions178.502, and178.508 shallor receive178.514 electronicby transmissionsmail madeby pursuantproviding toa NRSwritten 178.502,request 178.508to andthe 178.514.court.

- *AB38_R1* – 5 – 2.

Before April 1, 2018, a bail agent or insurer authorized to an insurer may elect to receive a notice pursuant to NRS 178.502,ch 178.508 or 178.514 by mail by providing a written request to the court.

On and after April 1, 2018, a bail agent or insurer authorized to write surety in this State and every subsidiary corporation of such an insurer may receive a notice pursuant to - 79th Session (2017) – 5 – NRS 178.502, 178.508 or 178.514 by mail only pursuant to a court order issued upon request by the bail agent or insurer for good cause shown.

(Deleted by amendment.) H~~~~~ 17 - *AB38_R1*79th Session (2017)