AB 325 — Revises provisions relating to bail. (BDR 14-118)

Summary

AN ACT relating to criminal procedure; revising provisions relating to pretrial release; revising provisions relating to conditions of bail; making various other changes relating to bail; and providing other matters properly relating thereto.

Bill Text

• Introduced As Introduced Current pdf

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill revises existing laws related to bail, emphasizing the least restrictive means for pretrial release and altering conditions under which bail can be modified or revoked.

• NRS 178.484

  the requirement to commit no new crimes; the requirement to provide contact information; and the requirement that the defendant will stay away from that specific victim. → the requirement to commit no new crimes; (2) the requirement to provide contact information; and (3) if any alleged crime involves a specific victim who is a natural person, the requirement that the defendant will stay away from that specific victim.

  The bill specifies conditions under which defendants may be released, including requirements to avoid new crimes or contact with victims.

• NRS 178.484

  the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court. → the court shall only impose bail or a condition of release, or both, on a person as it deems to be the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court.

  This change requires courts to impose the least restrictive conditions necessary for bail, enhancing the rights of defendants.

• NRS 178.484

  the court may, after providing the person with reasonable notice and an opportunity for a hearing, deem such conduct a contempt or increase the amount of bail. → the court may order that the pretrial release hearing be reopened.

  Instead of allowing for increased bail for conduct violations, the court can reopen the pretrial release hearing.

• NRS 178.484

  if the defendant has been released from custody, the defendant must pay the increased bail or return to custody.

  This provision is removed, altering the conditions under which defendants may be required to pay increased bail.

• NRS 178.4851

  certain factors the court must consider in deciding whether there is good cause to release a person without bail.

  This provision is repealed, potentially removing guidance for courts on bail decisions.

• NRS 173.175

  may order the defendant to be committed to actual custody unless the defendant gives bail in an increased amount, to be specified in the order. → the State may not seek a modification of the original determination of bail unless: (1) before moving to modify the bail; (2) the State files a motion to modify the bail; and (3) the motion to modify the bail is based upon new or different reasons that were unknown at the time that the original determination of bail was made.

  The bill limits the ability of the State to modify bail conditions after an indictment unless specific criteria are met.

• NRS 178.487

  the defendant’s bail may be revoked, after a hearing, by the magistrate who allowed it or by any judge of the court in which the original charge is pending. → the defendant may not be held for more than 4 hours, at which point a pretrial release hearing must be held; and if a pretrial release hearing is not held within 4 hours, the defendant must be released until the pretrial release hearing is held.

  This change limits the time a defendant can be held without a hearing if accused of committing another felony while on bail.

• NRS 178.484

  the payment of those costs as restitution.

  This provision related to costs incurred by the jurisdiction for failing to appear is eliminated.

• NRS 178.494

  to ensure the person’s appearance as a witness. → the magistrate may impose conditions of bail under such circumstances; and if a material witness who fails to comply with a condition of bail may not seek a warrant for detention of the person unless the State does so pursuant to a court order and in compliance with all applicable constitutional rights conferred upon the person.

  This change allows for conditions to be set for material witnesses and limits the state’s ability to detain a noncompliant witness.

• NRS 178.498

  setting the amount of bail. → the magistrate may only impose monetary bail or a secured bond if no nonmonetary conditions will ensure reasonably the appearance of a person and the safety of the community.

  This modification emphasizes nonmonetary conditions for bail unless absolutely necessary to ensure appearance and community safety.

Action History

1. June 04, 2019

   (No further action taken.)

2. April 15, 2019

   Waiver granted effective: April 12, 2019.

3. March 20, 2019

   From printer. To committee.

4. March 18, 2019

   Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

• Assemblyman Edgar Flores · Primary
• Assemblywoman Dina Neal · Primary
• Assemblywoman Susie Martinez · Primary
• Tyrone Thompson · Primary
• Sarah Peters · Primary
• Richard Carrillo · Primary
• William McCurdy II · Primary
• Ozzie Fumo · Primary

Subjects