AB 110 — Revises provisions relating to minor traffic and related violations. (BDR 43-427)

In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may procedure establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment orstor if licensure, as applicable, and a signed and notarized affidavit ack(a)acknowledging Hasthat read and fully understands the currentperson: laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by thethefiles provisions of this chapter.

- *AB110_R2* – 7 – (a) “Information relating to legal presence” means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the driver’s license that a person possesses is a driver authorization card, whether the person applied for a driver’s license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a driver’s license.

(b) “Personal information” means information that reveals the identity of a person, including, without limitation, his or her - 80th Session (2019) – 7 – photograph, social security number, individual taxpayer identification number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability.

(c) “Vehicle” includes, without limitation, an off-highway vehiclevehSec. as defined in NRS 490.060.

Sec.

ChapterdeChapter 484A of NRS is hereby amended by adding thereto a new section to read as follows:

A court having jurisdiction over an offense for which a traffic citation may be issued pursuant to NRS 484A.630 or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection 5, the court or traffic violations bureau may allow a person who has been issued a traffic citation that is filed with the court or traffic violations bureau to make a plea and state his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.

Any such plea and statement must be received by the court beforepursuant theto date on which the persontraffic citation.on is required to appear in court3. pursuant to the traffic citation.

3.If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives his or her right to a trial and the right to confront any witnesses.

If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person - *AB110_R2* – 8 – chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives his or her right to a trial and the right to confront any witnesses.

(a) For the purpose of authenticating that the person making the plea and statement of his or her defense or any mitigating circumstances is the person to whom the traffic citation was - 80th Session (2019) – 8 – issued, be capable of requiring the person to submit any of the following information, at the discretion of the court or traffic violations bureau:

or (6)the AnyNevada otherSupreme informationCourt requiredpursuant byto anysubsection rules6.les adopted by (b) Provide notice to each person who uses the Nevadasystem Supremeto Courtmake pursuanta plea and statement of his or her defense or any mitigating circumstances that the person waives his or her right to subsectiona 6.trial and the right to confront any witnesses.

(b)(c) ProvideIf noticea toplea eachand personstatement whoof uses the systemdefense toor makemitigating acircumstances pleais andsubmitted statementby ofelectronic hismail, orover herthe defenseInternet or anyby mitigatingother circumstanceselectronic thatmeans, confirm receipt of the personplea waivesand hisstatement or hermake rightavailable to athe trialperson andmaking the rightplea toa confrontcopy anyof witnesses.the plea and statement.

circumstances is submitted by electronic mail, over the Internet or by other electronic means, confirm receipt of the plea and of the plea and statement.e to the person making the plea a copy 5.

or (d) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.applicable.in violation of 6.

6.

Every traffic enforcement agency in this State shall provide in appropriate form traffic citations containing notices - *AB110_R2* – 9 – to appear which must meet the requirements of chapters 484A to 484E, inclusive, of NRS and be:

- 80th Session (2019) – 9 – 2.

Any traffic citation provided by a traffic enforcement agencytraffic pursuantcitation:o to this section may be designed such that the traffic(a) citation:Clearly states at the top of the citation the purpose of the citation and the actions that must be taken by the person to whom the citation is issued;

(a) Clearly states at the top of the citation the purpose of the citation and the actions that must be taken by the person to whom the citation is issued;

and appear(c) inClearly court.tates,states, in bold type, the consequences of failing to Sec.appear in court.

Sec.

for484A.630 any1. violation of chapters 484A to 484E, inclusive, of NRScer punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the number of the person’s driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary.

Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary.

If the peace officer requests such information, the peace officer shall expressly inform the person that providing such information is voluntary and, if the person provides such - *AB110_R2* – 10 – information, the person thereby gives his or her consent for the court to communicate with the person through such means.

The peace officer shall sign the citation and deliver a copy of the citation - 80th Session (2019) – 10 – to the person charged with the violation.

The person charged with the violation may give his or her written promise to appear in court by signing at least one copy of the traffic citation prepared by the peace officer and thereuponthereuponopy of the the peace officer shall not take the person into physical custody for the violation.

If the person charged with the violation refuses to sign a delivered by the peace officer:t accepts a copy of the traffic citation (a)but Theaccepts acceptancea shall be deemed personal service of the not(b) A copy of the citation signeddelivered by the peace officerofficer: suffices as proof of service;

(a) The acceptance shall be deemed personal service of the notice to appear in court;

(b) A copy of the citation signed by the peace officer suffices as proof of service;

484A.670using 1.a system established by a court or traffic violations bureau in accordance with section 2 of this act, regardless of the disposition of the charge for which a traffic citation was originally issued, it is unlawful for a person to:

[Regardless] Unless a person makes a plea by using a system established by a court or traffic violations bureau in accordance with section 2 of this act, regardless of the disposition of the charge for which a traffic citation was originally issued, it is unlawful for a person to:

Except as otherwise provided in this subsection, a person may comply with a written promise to appear in court or a notice to - *AB110_R2* – 11 – appear in court by an appearance by counsel.

A person who has - 80th Session (2019) – 11 – been convicted of two or more moving traffic violations in unrelated incidents within a 12-month period and is subsequently arrested or issued a citation within that 12-month period shall appear personally in court with or without counsel.

Sec.484A.700 NRS1.

6.

NRS 484A.700 is hereby amended to read as follows:

484A.700 1.

[or] 23. if the notice to appear is returned with a report that it cannot be delivered.

A bench warrant may not be issued pursuant to subsection if the notice to appear is returned with a report that it cannot be delivered.

Sec.

6.5.

NRS 176.0611 is hereby amended to read as follows:

A county or a city, upon recommendation of thes:the appropriate court, may, by ordinance, authorize the justices or judges of the justice or municipal courts within its jurisdiction to administrative assessments imposed pursuant to NRS 176.059, 176.0613 and 176.0623, an administrative assessment for the provision of court facilities.

appropriate court, may, by ordinance, authorize the justices or judges of the justice or municipal courts within its jurisdiction to impose , [for not longer than 50 years,] in addition to the administrative assessments imposed pursuant to NRS 176.059, 176.0613 and 176.0623, an administrative assessment for the provision of court facilities.

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the - *AB110_R2*80th Session (2019) – 12 – justice or judge shall include in the sentence the administrative assessment required pursuant to this subsection.

The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendantadministrative inassessment additionmust tobe stated separately on the fine.court’s docket and must be included in the amount posted for bail.

The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail.

If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or 5.dgeIf the justice or judge permitsshall thenot finerecalculate and administrative assessment for the provision of court facilities to be paid in ins(a) To pay the unpaid balance of an administrative assessmentr:assessment.

imposed5. pursuant to NRS 176.059;

(b)If Tothe payjustice theor unpaidjudge balancepermits ofthe anfine and administrative assessment for the provision of court facilities pursuant to thisbe section;paid in installments, the payments must be applied in the following order:

(c)(a) To pay the unpaid balance of an administrative assessment forimposed the provision of specialty court programs pursuant to NRS 176.0613;176.059;

for the provision of court facilities pursuant to this section;t (c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613;

The city treasurer shall deposit - 80th Session (2019) – 13 – the money received in a special revenue fund.

- *AB110_R2* – 13 – (a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center that includes the municipal courts.

(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center that includes the municipal courts.

 Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or Theacquisition city treasurer shall provide, upon request by a municipal court, monthly reports of thecourt revenuefacilities creditedor improvements to andcourt expendituresfacilities. made fro7.

The moneycity collectedtreasurer forshall administrativeprovide, assessmentsupon forrequest theby provisiona ofmunicipal courtcourt, facilitiesmonthly inreports justice courts must be paid by the clerk of the courtrevenue credited to theand countyexpenditures treasurermade onfrom or before the fifthspecial dayrevenue offund. each month for the preceding month.

provision of court facilities in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation - 80th Session (2019) – 14 – of an existing facility for the justice courts or a regional justice center that includes the justice courts.

- *AB110_R2* – 14 – (e) Acquire advanced technology for use in the additional or renovated facilities.

(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justice courts or a regional justice center that includes the justice courts.

If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.

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