AB 416 — Revises provisions relating to the imposition and collection of fines, administrative assessments, fees or restitution. (BDR 14-429)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2019) THIRD REPRINT A.B.

416416–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

416–COMMITTEE ON JUDICIARY (ON B EHALF OF THE C OMMITTEE TO STUDY THE ADVISABILITY AND F EASIBILITY OFT REATING CERTAIN TRAFFIC AND RELATED V IOLATIONS AS C IVILINFRACTIONS ) M ARCH 25, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the imposition and collection of fines, administrative assessments, fees or restitution.

(BDR 14-429) 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.

LegExistingLegislative lawCounsel’s authorizesDigest: a court to impose a collection fee against a defendant for any delinquent fine, administrative assessment, fee or restitution.

Existing law authorizes a court to impose a collection fee against a defendant for any delinquent fine, administrative assessment, fee or restitution.

(1) entering a civil judgment for the amount due in favor of the state or local entity responsible for collecting the ofdelinquent theamount; delinquency by attachment or garnishment of the property of the defendant,n wages or other money receivable;

(2) requesting that a prosecuting attorney undertake collection wages or other money receivable;

(NRS 176.064) *AB416_R3* – 2 – Section 2 of this bill revises provisions relating to the procedure for collecting such delinquent fines, administrative assessments, fees or restitution.

(1) request that the court enter a civil judgment for the amount due in favor of the state or local entity, suspend the driver’s license inof suchthe specifieddefendant circumstancesor and,prohibit if the courtdefendant determinesfrom thatapplying thefor a defendant has the ability to pay the amount due and is willfully avoiding payment, the order the confinement of the defendant in the appropriate prison, jail or detention facility;

Section 1.7 of this bill provides that any delinquent fine, administrative assessment or fee owed by a defendant for the commission of a minor traffic offense is deemed to be uncollectible if after 8 years it remains impossible or impSectionimpracticable 1.3 of this bill establishes the circumstances in which a person who commits a minor traffic offense, as defined by the section, is presumed to becollect indigent and not to have the abilitydelinquent toamount. pay a fine, administrative assessment or fee.

- 80th Session (2019) – 2 – Section 2.51.3 of this bill additionallyestablishes authorizesthe acircumstances court,in underwhich certaina circumstances,person towho ordercommits a convictedminor persontraffic tooffense, performas communitydefined serviceby inthe lieusection, ofis allpresumed orto partbe ofindigent anyand administrativenot assessmentto orhave feethe thatability mayto bepay imposeda forfine, theadministrative commissionassessment ofor afee. misdemeanor.

circumstances, to order a convicted person to perform community service in lieu of all or part of any administrative assessment or fee that may be imposed for the commission of a misdemeanor.

EXPLANATION – Matter in bolded italics is new;

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

As used in this section, “minor traffic offense” means a violation of any state or local law or ordinance governing the *AB416_R3* – 3 – operation of a motor vehicle upon any highway within this State other than:

If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after - 80th Session (2019) – 3 – the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:

(c) Ten percent of the amount of the delinquency, if the amount of the2.e delinquencydA state or local entity that is $5,000responsible for collecting a delinquent fine, administrative assessment, fee or greater.restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take [any or all of] the following actions:

2.

A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take [any or all of] the following actions:

The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take [any or all of] the *AB416_R3* – 4 – following actions :

[, in the following order of priority if practicable:]pra(a) (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution.

(b) [Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the - 80th Session (2019) – 4 – collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.

If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period.

If the defendant is already the subject of a court orderordered suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

[(d) For a delinquent fine or administrative assessment,] *AB416_R3* – 5 – (c) If the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, order thethety to confinement of the [person] defendant in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

- 80th Session (2019) – 5 – (b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice court or district court, the money must be deposited in a special fund in the appropriate county treasury.

(I)(II) ACourt civilsecurity lawpersonnel self-helpand center;equipment for a regional justice center that includes the justice courts of that county.

or (II) Court security personnel and equipment for a regional justice center that includes the justice courts of that county.

(a) In lieu of all or a part of any fine , administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor;

or that may be imposed for the (b) As a condition of probation granted for another offense.

*AB416_R3* – 6 – 2.

- 80th Session (2019) – 6 – 4.

(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervisingsupervisinghis authority or by a person designated by the authority.