AB 17 — Revises provisions governing bail in criminal cases. (BDR 14-495)

(ReprintedAssembly withBill amendmentsNo. adopted on April 15, 2019) FIRST REPRINT A.B.

1717–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .

17–COMMITTEE ON UDICIARY (ON B EHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 15, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing bail in criminal cases.

(BDR 14-495) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiUnder Counsel’sexisting Digest:law, when a defendant is released on bail, the bond or undertaking for the bail must apply to:

Under(1) existingany law,action whenor aproceeding defendantinstituted isagainst releasedthe ondefendant bail,in thea bondjustice, municipal or undertakingdistrict forcourt arising from the charge on which the bail mustwas applyoriginally to:given;

(1)and any(2) actionunder orcertain proceedingcircumstances, institutedany against the defendant in a justice, municipal or district court arising from the charge action or proceeding instituted against the defendant based on a later charge arising out of the same act or omission supporting the original charge.

However, if no formal action or proceeding is instituted against the defendant or if such an action or proceeding is dismissed, existing law provides that the court must exonerate the bail, except that the court is required to hold the bail for 30 days from the date that the bond or undertaking was posted or the date that the order of dismissal was entered, as applicable, unless the defendant requests that the bail be exonerated bail is not exonerated before the expiration of the 30-day periodperiod. and, within that the period, the defendant is charged with an offense arising out of the same act or omission supporting the original charge, the bail must not be exonerated, but it must be applied to the action or proceeding instituted against the defendant for the later charge.

(NRSFinally, 178.502)existing Sectionlaw 1provides that if the bail is not exonerated before the expiration of thisthe bill30-day eliminatesperiod thisand, existingwithin statutorythat framework.period, the defendant is charged with an offense arising out of the same act or omission supporting the original charge, the bail must not be exonerated, but it later charge.

In(NRS its178.502)on place,or sectionproceeding 1instituted providesagainst thatthe when a defendant isfor released on bail, the bondSection or1 theof defendantthis inbill aeliminates justice,this municipalexisting orstatutory districtframework. court arising from the charge on which the bail was originally given.

SectionIn 1its alsoplace, section 1 provides that thewhen baila mustdefendant beis exoneratedreleased byon bail, the courtbond if no formal action or proceedingundertaking isfor instituted against the -bail *AB17_R1*must –apply 2to –any defendant or if such an action or proceeding isinstituted dismissed,against except that the courtdefendant mayin delaya exonerationjustice, ofmunicipal theor baildistrict forcourt aarising periodfrom notthe tocharge exceedon 30which daysthe underbail certainwas circumstances.originally given.

Section 1 also provides that the bail must be exonerated by the court if no formal action or proceeding is instituted against the delay exoneration of the bail for a period not to exceed 30 days under certainrt may circumstances.

EXPLANATION – Matter in bolded italics is new;

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

- 80th Session (2019) – 2 – 2.

and [(2) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the samesam(b) actRemains orin omissioneffect asuntil thatexonerated charge;by the court.

and] (b) Remains in effect until exonerated by the court.

is charged with a public offense arising out of the same act orfendant 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,] 5.

If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or - *AB17_R1* – 3 – 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,] 5.

or - 80th Session (2019) – 3 – (b) Requests to remain admitted to bail in anticipation of being later indicted or charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given.

 If the defendant has already been indicted or charged, or is later indicted or charged, with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the bail must be applied to the public offense for which the defendant has been indicted or charged or is later indicted or charged, and the bond or undertaking must be transferred to the or clerk of the appropriate court.

H~~~~~ 19 - *AB17_R1*80th Session (2019)