AB 116 — Revises provisions relating to traffic offenses. (BDR 43-491)

Section 80 also provides that if a person commits an offense before January 1, 2023, that is punishable as a civil infraction on or after January 1, or after January 1, 2023.

(1) each court in this State to cancel each outstanding bench warrant issued by the court for a person who failed to appear in the court in response to a citation issued for an offense for which this of Criminal History to remove from each database or compilation of records ofecords criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in response to a citation for an offense for which this bill establishes a civil penalty.penalty;

and (2) the Central Repository for Nevada Records of Criminal History to remove from each database or compilation of records of criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in response to a citation for an offense for which this bill establishes a civil penalty.

Section 79.7 of this bill makes an appropriation to the Department of Public Safety to make system upgrades and provide training to personnel to carry out the provisions of this bill.

- 81st Session (2021) – 4 – EXPLANATION – Matter in bolded italics is new;

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

Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to 486.375, inclusive, and chapter 488 of NRS, as used in this title, unless the context otherwiseoth(a) requires:“Department” means the Department of Motor Vehicles.

(a) “Department” means the Department of Motor Vehicles.

Except as otherwise provided in subsection 4, the Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

- *AB116_R1* – 5 – (1) A course in automobile driver education pursuant to NRS 389.090;

or (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adoptedado(b) byExcept theas Stateotherwise Boardprovided in subsection 3, has at least 50 hours of Educationsupervised pursuantexperience toin NRSdriving 389.090;a motor vehicle with a restricted license, instruction permit or restricted instruction permit - 81st Session (2021) – 5 – without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

(b) Except as otherwise provided in subsection 3, has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

(1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principalNRS and392.123;d which is provided to the person pursuant to (2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.123;392.070;

(2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.070;

and (g) Has held an instruction permit for not less than 6 months beforebef2.e applyingaIf fora course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the driver’sperson license.may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

- *AB116_R1* – 6 – 2.

If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

In lieu of the supervised experience required pursuant to paragraph (b) of subsection 1, a person applying for a Class C noncommercial- driver’s81st licenseSession may(2021) provide– to6 the– Department proof that the person has successfully completed:

Department (a) The training required pursuant to paragraph (a) of subsection 1;

(b) Have at least 50 hours of experience in driving a motorcycle with an instruction permit issued pursuant to subsection 4 of NRS 483.280;483(c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b).

and (c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b).

A person to whom a driver’s license is issued pursuant to NRS 483.2521 shall not, during the first 6 months after the date on which the driver’s license is issued, transport as a passenger a person who is under 18 years of age, unless the person is a member of his or her immediate family.

age, unless the person 2.

- *AB116_R1* – 7 – (a) For a first offense, must be ordered to comply with the provisions of this section for 6 months after the date on which the driver’s license is issued.

- 81st Session (2021) – 7 – (2) Comply with the provisions of this section for such additional time as determined by the court;

or (3) Both pay such a [fine] civil penalty and comply with the provisions of this section for such additional time as determined by thethe3.ourA court.violation of this section:

3.

A violation of this section:

The Department may require every applicant for a driver’s license, including a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to ananed examination.

and (d) Except as otherwise provided in subsection 3, an actual demonstration of the applicant’s ability to exercise ordinary and - *AB116_R1* – 8 – reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he or she is to be licensed.

 The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.- 81st Session (2021) – 8 – specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicant’s knowledge of the provisions of NRS 484B.165.

If the Department requires an applicant to submit to a test specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicant’s knowledge of the provisions of NRS 484B.165.

or (b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,  ini4. lieu of an actual demonstration.

4.

(c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS 484C.110,that 484C.120prohibits the same or 484C.430similar conduct;any other jurisdiction (d) Has restrictions to his or aher lawdriver’s oflicense anywhich otherthe jurisdictionDepartment thatmust prohibitsreevaluate to ensure the samesafe ordriving similarof conduct;a motor vehicle by that person;

(d)(e) Has restrictionshad tothree hisor more convictions of , or herfindings driver’sby licensea whichcourt theof Departmenthaving mustcommitted, reevaluatemoving totraffic ensureviolations theon safehis or her driving ofrecord aduring motorthe vehicleimmediately bypreceding that4 person;years;

-or *AB116_R1*(f) –Has 9been –convicted (e)of Hasany hadof threethe oroffenses morerelated convictionsto of,the use or findingsoperation byof a courtmotor ofvehicle havingwhich committed,must movingbe trafficreported violationspursuant onto his- or81st herSession driving(2021) record– 9 – Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years;years.

or (f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Part 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

3.identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the Nevada Gaming Control Board while engaged in investigations pursuant to NRS 463.140.

TheAn Departmentapplication mayfor issuesuch a driver’s license formust purposesbe ofmade identificationthrough onlythe forhead use by officers of localthe police andor sheriffs’sheriff’s departments,department, agentsthe Chief of the Investigation Division of the Department of Public SafetySafety, while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishmentdirector of athe fictitiousappropriate identity, federal agentsagency, while engaged in undercover investigations, investigators employed by the Attorney GeneralGeneral, while engaged in undercover investigations, criminal investigators employed by the Secretary of State whileor engagedhis inor undercoverher investigationslicense andis agentsexempt offrom the Nevadafees Gamingrequired Controlby Board while engaged in investigations pursuant to NRS 463.140.483.410.

AnThech application for such a licenseDepartment, mustby beregulation, madeshall throughprovide thefor head of the policecancellation or sheriff’s department, the Chief of theany Investigationsuch Divisiondriver’s oflicense theupon Department of Public Safety, the directorcompletion of the appropriatespecial federalinvestigation agency,for thewhich Attorneyit General,was theissued. Secretary of State or his or her designee or the Chair of the Nevada Gaming Control Board.

Such4. a license is exempt from the fees required by NRS 483.410.

The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

- *AB116_R1* – 10 – 4.

- 81st Session (2021) – 10 – 5.

At the time of the issuance or renewal of the driver’s license, the(a) Give the Departmentholder shall:the opportunity to have indicated on his or her driver’s license that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.

(a) Give the holder the opportunity to have indicated on his or her driver’s license that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.

(e) Provide to the holder information instructing the holder how toif registerhe withor theshe Next-of-Kinso chooses.t-of-Kin Registry pursuant to NRS 483.653 if7. he or she so chooses.

7.

- *AB116_R1* – 11 – Sec.

(a)- All81st applicationsSession (2021) – 11 – for such denial.cations denied and on each thereof note the reasons for(b) suchAll denial.applications granted.

(b) All applications granted.

483.430highways 1.of this State given to a nonresident under NRS 483.010 to 483.630, inclusive, [shall be] is subject to suspension or revocation by the Department in like manner and for like cause as a driver’s license issued under NRS 483.010 to 483.630, inclusive, may be suspended or revoked.

The privilege of driving a motor vehicle on the highways of this State given to a nonresident under NRS 483.010 to 483.630, inclusive, [shall be] is subject to suspension or revocation by the Department in like manner and for like cause as a driver’s license issued under NRS 483.010 to 483.630, inclusive, may be suspended or revoked.

When a nonresident’s driving privilege is suspended or revoked in this State, the Department shall forward a copy of the record of such action to the motor vehicle administrator in the state where such driver resides.

- *AB116_R1*81st Session (2021) – 12 – (a) Has failed to comply with a subpoena or warrant relating to a proceeding to establish paternity or to establish or enforce an to a obligation for the support of a child;

The Department shall suspend immediately the license of a defendant if so ordered pursuant to NRS 62B.420 or 176.064 [.] or section 36 of this act.

pursuant to NRS 62B.420 or 176.064 [.] or 5.

[or from a] (3) A judge of the juvenile court that an unsatisfied civil judgment for which the suspension was ordered pursuant to NRS 62B.420 has been satisfied;

andandon was ordered pursuant to NRS (b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.

- 81st Session (2021) – 13 – 483.447 NA person who does not hold a valid license issued by this State or any other state and who operates a vehicle in this State shall be deemed to have future driving privileges that may be suspended if the person is found to have committed a civil infraction in this State pursuant to sections 24 to 36.7, inclusive, of this act or is convicted of any criminal traffic offense in this State.

9.

NRS 483.447 is hereby amended to read as follows:

483.447 A person who does not hold a valid license issued by this State or any other state and who operates a vehicle in this State - *AB116_R1* – 13 – shall be deemed to have future driving privileges that may be suspended if the person is found to have committed a civil infraction in this State pursuant to sections 24 to 36.7, inclusive, of this act or is convicted of any criminal traffic offense in this State.

Sec.

If, after the Department mails the notice, the person presents proof to the Department that he or she has successfully completed a course of traffic safety approved by the Department and a signed statement which indicates that the successful completion of the course was not required pursuant to a court order entered pursuant to section 34 of this act or a plea agreement, the Department shall cancel not moremoreof than 3 demerit points from the person’s driving record.

2.applies only to the demerit record of the person deemed to haven future driving privileges and otherwise does not affect the person’s driving record with the Department or insurance record.

Any reduction of demerit points pursuant to this section applies only to the demerit record of the person deemed to have future driving privileges and otherwise does not affect the person’s driving record with the Department or insurance record.

(a)- For81st theSession first(2021) accumulation– of14 12– demerit points during a 12- month period, for 6 months.

- *AB116_R1* – 14 – (c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, for 1 year.

Such a person is not eligible for a restrictedres5.ictIf the Department determines by its records that a person deemed to have future driving privileges is not eligible for a driver’s license duringpursuant to this 1-yearsection, period.the Department shall notify the person by mail of that fact.

5.

If the Department determines by its records that a person deemed to have future driving privileges is not eligible for a driver’s license pursuant to this section, the Department shall notify the person by mail of that fact.

(b) The hearing must be held, within 45 days after the request is received, in the county in which the person resides unless the person and the Department agree that the hearing may be held in some other county.

A record of each conviction and each finding that a person has committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act must be made in a manner approved by the Department.

The court shall provide sufficient information to allow- the81st DepartmentSession to(2021) include– accurately15 the– information regarding [the] each conviction and finding in the driver’s record.

Every court, including a juvenile court, having jurisdiction over violations of the provisions of NRS 483.010 to 483.630, inclusive, or any other law of this State or municipal ordinance - *AB116_R1* – 15 – regulating the operation of motor vehicles on highways, shall forward to the Department:

or (b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,  within 5 days after the conviction or finding, and may recommend the suspension of the driver’s license of the person convicted or found to have committed a civil infraction or the child found in violation of a traffic law or ordinance.

If a record forwarded to the Department pursuant to subsection 3 is a record of the conviction of,of , or a record of a finding of the commission of a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act against, a person who holds a commercial driver’s license, the Department shall, within 5 days after the date on which it receives such a record, transmit notice of the conviction or finding to the Commercial Driver’s License Information System.

[(b) A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, if the forfeiture has not beenbeena vacated, is equivalent to a conviction.] 6.

[of conviction.] 7.- 81st Session (2021) – 16 – Information System” has the meaning ascribed to it in License NRS 483.904.

As used in this section, “Commercial Driver’s License Information System” has the meaning ascribed to it in NRS 483.904.

The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one - *AB116_R1* – 16 – governing standing or parking.

The Department shall establish a uniform system of demerit points for various traffic violations occurring within this State affecting the driving privilege of any person who holds a driver’s license issued by the Department and persons deemed to have future driving privileges pursuant to NRS 483.447.

Details of the violation must be submitted to the Department by the court where the convictiona orgraduated findingsystem isof obtained.demerits within each category of violations according to the extent to which the traffic law was violated.

The Department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

If, after the Department mails the notice, the driver presents proof to the Department that he or she has successfully completed a course of traffic safety approved by the Department- and81st aSession signed(2021) statement– which17 indicates– that the successful completion of the course was not required pursuant to a plea agreement [,] or court order entered pursuant to section 34 of this act, the Department shall cancel not more than 3 demerit points from the person’s driving record.

The provisions of this subsection do not - *AB116_R1* – 17 – apply to a person whose successful completion of a course of traffic safety was required pursuant to a plea agreement [.] or court order entered pursuant to section 34 of this act.

Any reduction of demerit points applies only to the demerit record of the driver and does not affect the person’s driving record with the Department or insurance record.

the person’s driving record 3.

A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted licenselic4. during the suspension.

4.The Department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years , is found to have committed a sixth civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act within 5 years or has accumulated a combined total of six civil infractions and offenses within 5 years, if all six civil infractions or offenses have been assigned a value of [four] 4 or more demerit points.

The Department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years, is found to have committed a sixth civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act within 5 years or has accumulated a combined total of six civil infractions and offenses within 5 years, if all six civil infractions or offenses have been assigned a value of [four] 4 or more demerit points.

- 81st Session (2021) – 18 – 5.

6.Department shall suspend the license 30 days after it mails the notice required by subsection 5.

Except as otherwise provided in subsection 7, the Department shall suspend the license 30 days after it mails the notice required by subsection 5.

The scope of the hearing must be limited to whether the - *AB116_R1* – 18 – records of the Department accurately reflect the driving history of the driver.

(d)issued Toto displayhim or representher;represent as one’s own any driver’s license not issued(e) To fail or refuse to himsurrender to the Department, a peace officer or her;a court upon lawful demand any driver’s license which has been suspended, revoked or cancelled;

(e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any driver’s license which has been suspended, revoked or cancelled;

Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a driver’s - 81st Session (2021) – 19 – license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130.

If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.

- *AB116_R1* – 19 – 2.

A person with epilepsy shall not operate a motor vehicle if that person has been informed by a physician or an advanced practice registered nurse pursuant to NRS 629.047 that his or her condition would severely impair his or her ability to safely operate a motor vehicle.

and - 81st Session (2021) – 20 – (b) May be used by the Department solely to determine the eligibility of the person to operate a vehicle on the streets and highways of this State.

The submission by a physician or an advanced practice registered nurse of a report pursuant to subsection 2 is solely within his or her discretion.

No cause of action may be brought against aathin physician or an advanced practice registered nurse based on the fact that he or she did not submit such a report.

483.580 A person shall not cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle - *AB116_R1* – 20 – upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if the minor’s license is revoked or suspended pursuant to title 5 of NRS or NRS 392.148.

483.590 No person shall authorize or knowingly permit a motor vehicle owned by the person or under his or her control to be driven upon any highway by any person who is not authorized under NRS 483.010 to 483.630, inclusive, or in violation of any of the provisions of NRS 483.010 to 483.630, inclusive.

It is aay of the misdemeanor for a person to violate this section.

- 81st Session (2021) – 21 – 2.

No person shall rent a motor vehicle to another until the person has inspected the driver’s license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his or her presence.pre3.nceEvery person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person and the date and place when and where the license was issued.

3.

Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person and the date and place when and where the license was issued.

- *AB116_R1* – 21 – Sec.

(a)(b) IssuedAvailable inthrough books;an electronic device used to prepare such citations.

or (b) Available through an electronic device used to prepare such citations.

The chief administrative officer of each traffic enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book, each electronic device and each civil infraction citation issued to individual members of the traffic enforcement agencyagency. and volunteers of the traffic enforcement agency appointed pursuant to NRS 484B.470.

Sec.- 81st Session (2021) – 22 – officer in this State who has reasonable cause to believe that a person has violated a provision of chapters 483 to 484E, inclusive, or 490 of NRS that is a civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation.

26.

1.

Except as otherwise provided by law, a peace officer in this State who has reasonable cause to believe that a person has violated a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation.

If a person is arrested pursuant to paragraph (c) of subsection 1 for an offense that arises out of the same facts and circumstances as the civil infraction and is punishable as aas -and *AB116_R1* – 22 – misdemeanor, the offense and the civil infraction may be included in the same criminal complaint.

When a person is halted by a peace officer in this State for any violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction, or a prosecuting attorney elects to treat a violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor instead as a civil infraction in accordance with section 36.3 of this act, the peace officer or prosecuting attorney, as applicable, may prepare a civil infraction citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing, except as otherwise provided in paragraph (a) of subsection 2 of section 36.3 of this act:

(a) A statement that the citation represents a determination by a peace officer or prosecuting attorney that a civil infraction has been committed by the person named in the citation and that the has determination will be final unless contested as provided in sections 24 to 36.7, inclusive, of this act;

(c) The name, date of birth, socialresidential securityaddress number,and mailing address, if different from the residential address, telephone number and electronic mail address of the person who is being issued the citation and an indication as to whether the person has - 81st Session (2021) – 23 – agreed to receive communications relating to the civil infraction by text message;

(e) The number of the person’s driver’s license, if any;

(g) The firstpersonnel initial,number lastor nameother andunique personnelagency identification number of the peace officer issuing the citation and the address and phone number of the agency which employs the peace officer or, if a prosecuting attorney is issuing the citation, the personnel number or other unique agency identification number of the peace officer who halted the person for the violation,violation or the volunteer appointed pursuant to NRS 484B.470 who issued the citation and the address and phone number of the agency which employs the peace officer or volunteer, preprinted or printed legibly;legibly on the citation;

and (j) A statement that the person must respond to the citation as providedcalendar indays.ctions sections 24 to 36.7, inclusive, of this act within 90 calendar2. days.

- *AB116_R1* – 23 – 2.

If a person charged with a civil infraction refuses to accept a civil infraction - 81st Session (2021) – 24 – citation, the copy of the citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service.

Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, thetheor peace officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the peace officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection 5 of NRS 490.520.

A copy of a civil infraction citation that is prepared electronically and issued to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance may be filed electronically with a court having jurisdiction over the alleged civil infraction or with its traffic violations bureau if the court or traffic violations bureau, respectively:

- *AB116_R1* – 24 – (b) Has the ability to receive and store the citation electronically;

Upon the filing of the original or a copy of the civil infraction citation with a court having jurisdiction over the alleged infraction or with its traffic violations bureau, the citation may be disposed of only by an official action of a judge of the courtcourt, an online program of dispute resolution established by the court, the prosecuting attorney or by the payment of a civil penalty to the court or its traffic violations bureau by the person to whom the civil infraction citation has been issued by the peace officer.

- 81st Session (2021) – 25 – 4.

It is unlawful and official misconduct from any peace officer or other officer or public employee to dispose of a civil infraction citation or copies of it or of the record of the issuance of a civil infraction citation in a manner other than as required in thisthi5.secThen. section.

5.chief administrative officer of every traffic enforcement agency shall require the return to him or her of a physical copy or electronic record of every civil infraction citation issued by an officer under his or her supervision to an alleged violator of any traffic law or ordinance and of all physical copies and electronic records of every civil infraction citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

The chief administrative officer of every traffic enforcement agency shall require the return to him or her of a physical copy or electronic record of every civil infraction citation issued by an officer under his or her supervision to an alleged violator of any traffic law or ordinance and of all physical copies and electronic records of every civil infraction citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

If a person receiving a civil infraction citation does not contest the determination that the person has committed the civil infraction set forth in the citation, the person must respond to the citation by indicating that the person does not contest the determination and submitting full payment of the monetary penalty, the administrative assessment and any fees to the court specified in the citation, or its traffic violations bureau, in person, by mail or through the Internet or other electronic means.

If a person receiving a civil infraction citation wishes to contest the determination that the person has committed the civil infraction set forth in the citation, the person must respond by requesting in person, by mail or through the Internet or other - *AB116_R1* – 25 – electronic means a hearing for that purpose.

Except as otherwise provided in this subsection, not less than 30 days before the deadline for a person to respond to a civil infraction citation, the court must send to the address or electronic mail address of the person, as indicated on the civil infraction citation issued to the person, a reminder that the person must - 81st Session (2021) – 26 – respond to the civil infraction citation within 90 calendar days after the date on which the civil infraction citation is issued.

If the person agreed to receive communications relating to the civil infraction by text message, the court may send such a notice to the telephone number of the person as indicated on the civil infraction citation.

If the person does not respond to the civil infractioninfractionion citation in the manner specified by subsection 2 or 3 within 90 calendar days after the date on which the civil infraction citation is issued, the court must enter an order pursuant to section 34 of this act finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments prescribed for the civil infraction.

In addition to any other penalty imposed, any person who is found by the court to have committed a civil infraction pursuant to subsection 5 shall pay the witness fees, per diem allowances, travelNRS expenses50.225.nses and other reimbursement in accordance with NRS7. 50.225.

7.

If, pursuant to subsection 3 of section 30 of this act, a person receiving a civil infraction citation requests a hearing to contest the determination that the person has - *AB116_R1* – 26 – committed the civil infraction set forth in the citation, the hearing must be conducted in accordance with this section.

Except as otherwise provided in this subsection, before a hearing to contest the determination that a person has committed a civil infraction, the court shall require the person to post a bond equal to the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction- citation.81st Session (2021) – 27 – instead deposit cash with the court in the amount of the bondon may required pursuant to this subsection.

In lieu of posting such a bond, the person may instead deposit cash with the court in the amount of the bond required pursuant to this subsection.

In lieu of the personal appearance at the hearing by the peace officer who issued the civil infraction citation, the court may consider the information contained in the civil infraction citation and any other written statement submitted under oath by the peace officer.

If it has not been established by a preponderance of the evidence that the infraction was committed by the person named in the citation, the court must enter an order dismissing the civil infraction citation in the court’s records.

If it has been established by a preponderance in of the evidence that the infraction was committed, the court must enter in the court’s records an order pursuant to section 34 of this act.

- *AB116_R1* – 27 – 6.

(a)- The81st noticeSession of(2021) appeal– must28 be– filed not later than 7 calendar days after the court enters in the court’s records an orderordercalendar pursuant to section 34 of this act;

Sec.Secs.

32.32 and 33.

(Deleted by amendment.) Sec.person who is found to have committed a civil infraction shall be punished by a civil penalty of not more than $500 per violation unless a greater civil penalty is authorized by specific statute.

33.

(Deleted by amendment.) Sec.

34.

1.

Except as otherwise provided in this section, a person who is found to have committed a civil infraction shall be punished by a civil penalty of not more than $500 per violation unless a greater civil penalty is authorized by specific statute.

If a person is found to have committed a civil infraction, in addition to any civil penalty imposed on the person, the court shall order the person to pay the administrative assessments set forth in NRS 176.059, 176.0611, 176.0613 and 176.0623 in the amount that the person would be required to pay if the civil penalty were a fine imposed on a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor.

The administrative assessments - *AB116_R1* – 28 – imposed pursuant to this subsection must be collected and distributed in the same manner as the administrative assessments - 81st Session (2021) – 29 – imposed and collected pursuant to NRS 176.059, 176.0611, 176.0613 and 176.0623.

(a) Excessive in relation to the financial resources of the defendant, the court may waive or reduce the monetary penaltypenaltye accordingly.

Except where the imposition of a specific civil penalty is mandatory, a court may order a person who is found to have committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act to perform community service that is supervisedsup(a) inIn accordancelieu withof subsectionall 2:or a part of any civil penalty or administrative assessment, or both, that may be imposed for the commission of the civil infraction;

(a) In lieu of all or a part of any civil penalty or administrative assessment, or both, that may be imposed for the commission of the civil infraction;

The court may require the person who committed the civil infraction to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial - *AB116_R1*81st –Session 29(2021) – insurance,30 it– isperforms providedthe bycommunity theservice.e authority for which the person performs4. the community service.

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.

If a civil penalty, administrative assessment or fee is imposed upon a person who is found to have committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act, whether or not the civil penalty, administrative assessment or fee is in addition to any other punishment, and the civil penalty, administrative assessment or fee or any part of it remains unpaidunpaid, after the time established by the court for its payment, the delinquent person is liable for a collection fee, to be imposed by the court at the time it finds that the civil penalty, administrative assessment or fee is delinquent, of:

(c)- Ten81st percentSession of(2021) the– amount31 of– the delinquency, if the amount of the delinquency is $5,000 or greater.greater.ency, if the 2.

- *AB116_R1* – 30 – 2.

If a court finds that a person committed a civil infraction, the civil penalty, administrative assessments and fees prescribed for the civil infraction may be enforced in the manner provided by law for the enforcement of a judgment for money rendered in a civil action except that the judgment and any lien for the judgment expires 10 years after the date the judgment was docketed and may not be renewed.

The court may:may:e the judgment was docketed and may (a) Request that the city or county in which the court has jurisdiction undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to this subsection and the collection fee, by attachment or garnishment of the property, wages or other money receivable of the delinquent person.

(a) Request that the city or county in which the court has jurisdiction undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to this subsection and the collection fee, by attachment or garnishment of the property, wages or other money receivable of the delinquent person.

At the time the court issues an order pursuant to this paragraph suspending the driver’s license of a delinquent person or delaying the ability of a delinquent person to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department a copy of the order.

4.- 81st Session (2021) – 32 – subsection 1 must be distributed in the following manner:suant to (a) Except as otherwise provided in paragraph (c), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury.

Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:

(a) Except as otherwise provided in paragraph (c), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city - *AB116_R1* – 31 – treasury.

A prosecuting attorney may elect to treat a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor, other than a violation of NRS 484C.110 or 484C.120, as a civil infraction pursuantpur2.antThe toprosecuting sectionsattorney 24shall tomake 36.7,the inclusive,election described in subsection 1 on or before the time scheduled for the first appearance of thisthe act.defendant by:

2.

The prosecuting attorney shall make the election described in subsection 1 on or before the time scheduled for the first appearance of the defendant by:

- 81st Session (2021) – 33 – (b) Filing notice of the prosecuting attorney’s election with the court having jurisdiction of the underlying criminal charge;

3.subsection 2, the court shall dismiss the underlying criminal of charge.

UponSec. the filing of a notice pursuant to paragraph (b) of subsection 2, the court shall dismiss the underlying criminal charge.

- *AB116_R1* – 32 – Sec.

3.

A local authority shall not enact an ordinance:

No person convicted or adjudged guilty or guilty but mentally ill of,of , or found to have committed a civil infraction pursuant- to81st sectionsSession 24(2021) to– 36.7,34 inclusive,– of this act for, a violation of a traffic ordinance may be charged or tried in any other court inintion this State for the same offense.

484A.600 A governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation or civil infraction citation pursuant to section 27 of this act for a violation of chapters 484A to 484E, inclusive, of NRS unless the equipment - *AB116_R1* – 33 – is a portable camera or event recording device worn or held [in the hand or] by a peace officer, the equipment is otherwise installed temporarily or permanently within a vehicle or facility of a law enforcement agency [.] or the equipment is privately owned by a nongovernmental entity.

A court having jurisdiction over an offense for which a traffic citation may be issued pursuant to NRS 484A.630 or that is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act, or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection [5,] 6, the court or traffic violations bureau may allow [a] :

(b) A peace officer who issued a civil infraction citation to a person or, if the provisions of section 36.3 apply, a peace officer who halted a person, to perform certain actions approved by the court or traffic violations bureau, including, without limitation, to submit a written statement under oath by mail, by electronic mail, to over the Internet or by other electronic means in lieu of his or her personal appearance at the hearing held pursuant to section 31 of this act to contest the determination that the person who has been issued the civil infraction citation committed a civil infraction.

(a)- A81st personSession [who(2021) has– been35 issued– a traffic citation that is filed with the court or traffic violations bureau may, if allowed by thetheled court and] described in paragraph (a) of subsection 1 to use the system to perform certain actions approved by the court or traffic violations bureau, including without limitation, to make a plea or state his or her defense or, if authorized, any mitigating circumstances in lieu of making a plea and statement of his or her defense or any mitigating circumstances in court .

[, make a plea and state his or her defense or any mitigating circumstances by using the system.] (b) A peace officer described in paragraph (b) of subsection 1 to use the system to perform certain actions approved by the court - *AB116_R1* – 34 – or traffic violations bureau, including without limitation, to submit a written statement under oath in lieu of making a personal appearance in court.

Any [such] plea [and] or statement submitted through the system by a person or peace officer pursuant to subsection 2 must be received by the court before the date on which the person is required to appear in court pursuant to the traffic citation [.

(a) For the purpose of authenticating that the person making the plea and statement of his or her defense or any mitigating circumstances or performing any other approved action is the person to whom the traffic citation or civil infraction citation was issued, be capable of requiring the person to submit any of the following information, as applicable, at the discretion of the court or traffic violations bureau:

(5)- The81st offenseSession charged(2021) [;]– or36 the– civil infraction for which the citation was issued;

andanded [;] or the civil infraction for which (6) Any other information required by any rules adopted by the Nevada Supreme Court pursuant to subsection [6.] 7.

- *AB116_R1* – 35 – (c) Provide notice to each person who uses the system to make a plea and statement of his or her defense or any mitigating circumstances that the person waives his or her right to a trial and the right to confront any witnesses.

his or her right to a trial and [(c)] (d) If a plea and statement of the defense or mitigating circumstances of a person or a written statement of a peace officer is submitted by electronic mail, over the Internet or by other electronic means [, confirm] :

A person who has been issued a traffic citation for any of the following offenses may not make a plea and state his or her defense or any mitigating circumstances by using a systemsystemis or her established pursuant to subsection 1:

- 81st Session (2021) – 37 – [6.] 7.

484A.650peace 1.officer for violating a provision of chapters 484A to 484E, a inclusive, of NRS, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection [4] 5 of NRS 490.520.

Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection [4] 5 of NRS 490.520.

- *AB116_R1* – 36 –  The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.

NRS 484A.680 is hereby amended to read as follows:fol484A.680 1.

484A.680 1.

- 81st Session (2021) – 38 – (b) Has the ability to receive and store the citation electronically;

3.citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the traffic citation may be disposed of only by trial in that court or other official action by a judge of that court, including [forfeiture of the bail, or by the deposit of sufficient bail with, or] payment of a fine to [,] the traffic violations bureau by the person to whom the traffic citation has been issued by the peace officer.

Upon the filing of the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the traffic citation may be disposed of only by trial in that court or other official action by a judge of that court, including [forfeiture of the bail, or by the deposit of sufficient bail with, or] payment of a fine to [,] the traffic violations bureau by the person to whom the traffic citation has been issued by the peace officer.

The chief administrative officer of every traffic enforcement agency shall require the return to him or her of a physical copy or electronic record of every traffic citation issued by an officer under his or her supervision to an alleged violator of any traffic law or - *AB116_R1* – 37 – ordinance and of all physical copies or electronic records of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

The record must be retained for at least 2 years after issuance of the citation.

7.appointeds usto inathitrafficonenforcement inclagency volpursuant to NRS 484B.470.

As used in this section, “officer” includes a volunteer appointed to a traffic enforcement agency pursuant to NRS 484B.470.

The court may order any person who, within a 1-year period, is twice convicted of violating,violating , or found to have committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for a violation of, a provision of chapters 484A to 484E, inclusive, of NRS to pay tuition for and attend a school for driver training which is approved by the Department for retraining - 81st Session (2021) – 39 – such drivers.

484B.100 NRS It is [unlawful] a misdemeanor for any person:

willfully to fail or refuse to comply with any lawful order or direction of any police officer while the officer is performing the duties of the officer in the enforcement of chapters 484A to 484E, inclusive, of NRS.

41.

NRS 484B.100 is hereby amended to read as follows:

484B.100 It is [unlawful] a misdemeanor for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer while the officer is performing the duties of the officer in the enforcement of chapters 484A to 484E, inclusive, of NRS.

Sec.

- *AB116_R1* – 38 – (b) By an officer or other authorized employee of a law enforcement agency, as that term is defined in NRS 239C.065, in the course of his or her official duties;

484B.127vehicle 1.more closely than is reasonable and prudent, having duether regard for the speed of such vehicles and the traffic upon and the condition of the highway.

The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing - 81st Session (2021) – 40 – other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.

4.misdemeanor.son who violates this section is guilty of a 5.

A person who violates this section is guilty of a misdemeanor.

5.

and (b) At a time when the workers who are performing construction, maintenance or repair of the highway or other work are present, or when the effects of the act may be aggravated - *AB116_R1* – 39 – because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement- treated bases, chip seals and other similar conditions,  shall , if the violation is a criminal offense, be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense [.] or shall, if the violation is a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, be punished by a civil penalty in an amount equal to and in addition to the civil penalty imposed that the court imposes for the primary civil infraction.

- 81st Session (2021) – 41 – (a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

(b) A civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.$250.sed 3.

3.

A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability or liability for a civil infraction because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance or - *AB116_R1* – 40 – other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

(a) Pursuant to an emergency which results from a natural or other disaster and which threatens the health, safety or welfare of the public;

- 81st Session (2021) – 42 – Sec.

Except as otherwise provided in subsections 2 and 4, a person who is [convicted of] found to have committed a violation of a speed limit, or convicted of or found to have committed a violation of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.280, 484B.283, 484B.287, 484B.300, 484B.303, 484B.307, 484B.317, 484B.320, 484B.327, 484B.403, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred in an area designated as a pedestrian safety zone may:may :

- *AB116_R1* – 41 – (a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonmentimp(b) orA 120civil hoursinfraction punishable pursuant to sections 24 to 36.7, inclusive, of communitythis service.act, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.

(b) A civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.

- 81st Session (2021) – 43 – (a) A sign is not erected before the beginning of the pedestrian safety zone as required by paragraph (a) of subsection 3 to provide notice that higher fines and civil penalties may apply in pedestrian safety zones;

or (b) Signs are not erected as required by paragraphs (b) and (c) of subsection 3 to mark the beginning and end of the pedestrian safetysafetyof zone.

- *AB116_R1* – 42 – (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation;

orored primarily for the transportation of persons for (b) The living quarters of a house coach or house trailer,  but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.

Sec.- 81st Session (2021) – 44 – 484B.157 NRS 1.

45.

NRS 484B.157 is hereby amended to read as follows:

484B.157 1.

2.person who violates the provisions of subsection 1 [,] is guilty of a misdemeanor and the court shall:

[If a defendant pleads or is found guilty of violating] A person who violates the provisions of subsection 1 [,] is guilty of a misdemeanor and the court shall:

(b) For a second offense, order the [defendant] person to pay a fine of not less than $500 or more than $1,000 or order the [defendant] person to perform not less than 50 hours or more than 100 hours of community service;

and - *AB116_R1* – 43 – (c) For a third or subsequent offense, suspend the driver’s license of the [defendant] person for not less than 30 days or more than 180 days.

At the time of sentencing, the court shall provide the [defendant] person who committed the offense with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems.

(a)- If81st theSession [defendant](2021) person– was45 sentenced– pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed;

and (b) May, if a [defendant] person desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.

- *AB116_R1* – 44 – (b) When a physician or an advanced practice registered nurse determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medicalmedicalf such condition.

(a)- Booster81st seatsSession and(2021) belt-positioning– seats46 that– are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

(a)(b) EighteenUnder 18 years of age orand older;the motor vehicle is:

or (b) Under 18 years of age and the motor vehicle is:

(1)(2) NegligenceNegligent or causationreckless indriving afor civilthe action;purposes of NRS 484B.653.

or - *AB116_R1* – 45 – (2) Negligent or reckless driving for the purposes of NRS 484B.653.

Sec.- 81st Session (2021) – 47 – 484B.165 NRS1.

47.

NRS 484B.165 is hereby amended to read as follows:

484B.165 1.

(a) A paid or volunteer firefighter, emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services who is acting within the course and scope of his or her employment.

(e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test, or other exercise - *AB116_R1* – 46 – in preparation for a disaster or emergency or otherwise communicating public information.

and - 81st Session (2021) – 48 – (2) While responding to a dispatch by the public utility to respond to an emergency, including, without limitation, a response to a power outage or an interruption in utility service.

The provisions of this section do not prohibit the use of a voice-operatedaffixed globalto positioningthe vehicle.ositioning or navigation system that is affixed4. to the vehicle.

4.

(a) “Handheld wireless communications device” means a handheld device for the transfer of information without the use of electrical conductors or wires and includes, without limitation, a cellular telephone, a personal digital assistant, a pager and a text messaging device.

- *AB116_R1* – 47 – (b) “Public utility” means a supplier of electricity or natural gas or a provider of telecommunications service for public use who is subject to regulation by the Public Utilities Commission of Nevada.

- 81st Session (2021) – 49 – Sec.

Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, except when otherwise directed by a law enforcement officer.

(a) Decrease the speed of his or her vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;

(d) If the authorized emergency vehicle or official vehicle of a regulatory agency is moving in the same direction of travel as the driver, not drive abreast of or overtake the authorized emergency veh(e) If possible, drive in a lane that is not adjacent to the lane in which the authorized emergency vehicle or official vehicle of a regulatory agency;agency is moving, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible;

(e) If possible, drive in a lane that is not adjacent to the lane in which the authorized emergency vehicle or official vehicle of a regulatory agency is moving, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible;

As used in this section, “preparing to move” means any indication that is visible to an approaching driver that an authorized - *AB116_R1* – 48 – emergency vehicle or an official vehicle of a regulatory agency is about to move, including, without limitation:

- 81st Session (2021) – 50 – (a) A movement of the vehicle;

484B.290 [1.] A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State.

Sec.484B.323 NRS 1.

48.

NRS 484B.323 is hereby amended to read as follows:

484B.323 1.

- *AB116_R1*81st Session (2021) – 4951 – Sec.484B.330 NRS1.

49.

NRS 484B.330 is hereby amended to read as follows:

484B.330 1.

In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone, or in damage to property in an amount of not less than $1,000, the driver is guilty of a misdemeanor and shall be [punished by a fine of not less than $1,000 or more than $2,000, and] ordered to perform 120 hours of community service.

(b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone for the governmental entity while the employee is carrying out the duties of his or her employment;

ororthe employee (c) Any other person employed by a private entity performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone while the person is carrying out the duties of his or her employment if the person has satisfactorily completed training as a flagger approved or recognized by the Department of Transportation.

- 81st Session (2021) – 52 – Sec.

The Department of Transportation or a local authority, after considering the advice of the Nevada Bicycle and - *AB116_R1* – 50 – Pedestrian Advisory Board, may with respect to any controlled- accessacc(a) Require a permit for the use of the highway underby itspedestrians, jurisdiction:bicycles or other nonmotorized traffic or by any person operating a power cycle;

(a) Require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle;

(e)2.) InIIf, while violating any event,provision of subsection 1, the driver of a ratemotor vehicle is the proximate cause of speeda greatercollision thanwith 80a milespedestrian peror hour.a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

2.

If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

There is a presumption in favor of reducing the violation if the person pays the entire amount of the fine and all fees due before the date on which the person is first required to make an appearance - 81st Session (2021) – 53 – relating to the citation, whether by personal appearance or through his or her counsel, but such a presumption may be overcome if the driving record of the person demonstrates a pattern of moving traffic violations.

-subsection *AB116_R1*1 –must 51not –exceed 5.$20 for each mile per hour a person(e) of travels above the posted speed limit or the proper rate of speed at which the person should be traveling, as applicable.

Any fine imposed pursuant to paragraph (a), (b), (c) or (e) of subsection 1 must not exceed $20 for each mile per hour a person travels above the posted speed limit or the proper rate of speed at which the person should be traveling, as applicable.

The Department of Transportation may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town which are constructed and maintained under any the authority granted by chapter 408 of NRS.

- 81st Session (2021) – 54 – Sec.

The Department of Transportation may establish the speed limits for motor vehicles on highways which are constructed and maintained by the Department of Transportation underund2. the authority granted to it by chapter 408 of NRS.

2.thExcept as otherwise provided by federal law, the Department of Transportation may establish a speed limit on such highways not to exceed 80 miles per hour and may establish a lower speed limit:

Except(a) asWhere otherwisenecessary provided by federal law, the Department of Transportation may establish a speed limit on such highways not to exceedprotect 80public mileshealth per hour and maysafety. establish a lower speed limit:

- *AB116_R1* – 52 – (a) Where necessary to protect public health and safety.

Except as otherwise provided in [subsection] subsections 3 [,] and 4, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punishedpun(a) byThe aposted [fine]speed civillimit penaltyis 60 miles per hour and the person is not exceeding a speed of $2570 if:miles per hour.

(a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 70 miles per hour.

A person who commits a violation of any provision of this section that causes physical injury to a person or damage to - 81st Session (2021) – 55 – property shall be punished by a civil penalty of not more than $1,000.

The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000100(a) orAn moreurban ifarea; the portion of highway being traversed is in:

(a)orortion Anof urbanhighway area;being traversed is in:

or (b) An area which is adjacent to an urban area and which has been designated by the public authority that established the posted speed limit for the portion of highway being traversed as an area - *AB116_R1* – 53 – that requires strict observance of the posted speed limit to protect public health and safety.

On a highway that has one lane for traveling in each direction, where passing is unsafe because of traffic traveling in the opposite direction or other conditions, the driver of a slow- moving vehicle, behind which five or more vehicles are formed in a line, shall, to allow the vehicles following behind to proceed, turn off the roadway:

3.- 81st Session (2021) – 56 – vehicle that is traveling at a rate of speed which is less than the posted speed limit for the highway or portion of the highway upon which the vehicle is traveling.

As used in this section, “slow-moving vehicle” means a vehicle that is traveling at a rate of speed which is less than the posted speed limit for the highway or portion of the highway upon which the vehicle is traveling.

- *AB116_R1* – 54 – (1) Failing to obey an official traffic-control device in violation of NRS 484B.300.

(3)marked Improperlanes orfor unsafetraffic drivingin uponviolation aof highwayNRS that484B.223.hat has marked(4) lanesFollowing foranother trafficvehicle too closely in violation of NRS 484B.223.484B.127.

(4) Following another vehicle too closely in violation of NRS 484B.127.

A driver who commits an offense of aggressive driving in violationvio(a) ofFor subsectionthe 1first isoffense, guiltyshall ofbe apunished:anor misdemeanor and:

(a) For the first offense, shall be punished:

or - 81st Session (2021) – 57 – (2) By both fine and imprisonment in the county jail for not more than 6 months.

(1) By a fine of not less than $1,500 but not more than $2,000;$2,000;(2) By both fine and imprisonment in the county jail for not more than 6 months.

or (2) By both fine and imprisonment in the county jail for not more than 6 months.

- *AB116_R1* – 55 – (b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.

If the court issues an order suspending or revoking the driver’s license of the driver pursuant to this section, the court shall require the driver to surrender to the court all driver’s licenses then heldorder, byforward the driver.driver’s licenses and a copy of the order to thee Department.

The court shall, within 5 days after issuing the order, forward the driver’s licenses and a copy of the order to the Department.

- 81st Session (2021) – 58 – Sec.

It is a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for any person to do any act forbidden or fail to perform any act requiredreq2. in NRS 484B.768 to 484B.790, inclusive.

2.

- *AB116_R1* – 56 – Sec.

The court may extend the order of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460, not to exceed one-half of the period during which the person is required to have a device installed, if the court receives from the Director of the Department of Public Safety or the manufacturer of the device or its agent a report that 4 consecutive months prior to the date of release any of the following incidents occurred:

(c) Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a - 81st Session (2021) – 59 – concentration of alcohol lower than 0.025, and the digital image confirms the same person provided both samples;

(d) Failure of the person to have the device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection(e) 4Any ofattempt NRSby 484C.460;the person to operate a motor vehicle without a device or tamper with the device.

or (e) Any attempt by the person to operate a motor vehicle without a device or tamper with the device.

or - *AB116_R1* – 57 – (2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

484D.285device 1.for braking that uses the compression of the engine of the a vehicle shall not use the device at any time unless:

The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device at any time unless:

It is unlawful for any person to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state or foreign privately owned motor vehicle equipped with - 81st Session (2021) – 60 – a red light or siren attached thereto as a part of the equipment of the vehicle.

This section is not intended to repeal, amend or in any manner change the existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in subsection 1 and this section does not apply to motor vehiclesvehiclesut in registered in foreign states having reciprocal arrangements made with the Department in relation to the use of red lights and sirens upon out-of-state motor vehicles.

(b) January 1, 1970, on a highway unless it is equipped with a lap-type safety belt assembly for each permanent seating position - *AB116_R1* – 58 – for passengers.

or (b) Weighs more than 60 pounds, regardless of age,  who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.

or (b) Is less than 6 years of age but who weighs more than 60 pounds,  a civil infraction citation must be issued pursuant to section 27 of this act to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one civil infraction citation may be issued to the - 81st Session (2021) – 61 – driver for both violations.

Any person who violates the provisions of subsection 2 shall be punished by a [fine] civil penalty of not more than $25 or by a sentence to perform aafine] certain number of hours of community service.

(a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying - *AB116_R1* – 59 – that the driver or passenger is unable to wear a safety belt for medical or physical reasons;

(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver ororehicle passenger is frequently leaving the vehicle or delivering property from the vehicle;

Whenever any motor vehicle is found by- any81st peaceSession officer(2021) to– be62 in– violation of the provisions of NRS 484D.535, and a [notice to appear or] civil infraction citation is issued [, it] pursuant to section 27 of this act, the citation may require that the person named therein shall produce in court proof that such vehicle or its equipment has been made to conform to the provisions of NRS 484D.535.

Pounds of Excess Weight [Fine] Civil Penalty 1 to 1,500............................................................................$10 1,501 to 2,500.....................1 cent per pound of excess weight 2,501 to 5,000...................

2 cents per pound of excess weight - *AB116_R1* – 60 – Pounds of Excess Weight [Fine] Civil Penalty 3 5,001 to 7,500...................

8 cents per pound of excess weight 7 2.

The [fines] civil penalties provided in this section are mandatory, must be collected immediately upon [a determination of guilt] entry of an order imposing the penalty and must not be reducedred4.ed under[Any anybail circumstancesallowed bymust not be less than the court.appropriate fine provided for in this section.

4.

[Any bail allowed must not be less than the appropriate fine provided for in this section.

This - 81st Session (2021) – 63 – subsection does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

484D.745any 1.vehicle or equipment described in NRS 484D.615 or 484D.685 move to 484D.725, inclusive, over any highway without first obtaining a permit, or to violate or evade any of the terms or conditions of the permit when issued.

It is unlawful for any person to operate or move any vehicle or equipment described in NRS 484D.615 or 484D.685 to 484D.725, inclusive, over any highway without first obtaining a permit, or to violate or evade any of the terms or conditions of the permit when issued.

- *AB116_R1* – 61 – Sec.

and [2.] (b) If the driver’s vehicle is creating a hazard or obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and, if applicable, safely fulfill the requirements of NRS 484E.030.

(a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person- injured81st inSession such(2021) crash– or64 to– theattending driverany vehicle or occupantother ofproperty ordamaged in such crash;r person attending(b) anyGive vehiclesuch orinformation otherand propertyupon damagedrequest inmanually surrender such license to any police officer at the scene of the crash or who is investigating the crash;

(b) Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash;

A person who violates this section is guilty of a misdemeanor.misSec.

Sec.

Except as otherwise provided in subsection 2, the driver of any vehicle which is involved in a crash with any - *AB116_R1* – 62 – vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

If the vehicle of a driver involved in a crash pursuant to subsection 1 is creating a hazard or obstructing traffic and can be moved safely, the driver shall, before meeting the requirements of subsection 1, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and minimizes interference with the free movement of traffic.

- 81st Session (2021) – 65 – Sec.

The driver of a vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such crash to the nearest office of a police authority or of the Nevada Highway Patrol.

A person shall not authorize or knowingly permit a motorcycle, except a trimobile, owned by or under the control of - *AB116_R1* – 63 – the person to be driven upon any highway by any person who is not authorized pursuant to NRS 486.011 to 486.381, inclusive, to drive a motorcycle.

Sec.- 81st Session (2021) – 66 – 486.375 1.RS 48A person who:by amended to read as follows:

70.

NRS 486.375 is hereby amended to read as follows:

486.375 1.

A person who:

(a) The person has accumulated three or more demerit points pursuant to the uniform system of demerit points establishedestablishedts pursuant to NRS 483.473, or has been convicted of,of , or found to have committed, traffic violations of comparable number and severity in another jurisdiction;

486.381 Any person violating any provisions of NRS 486.011 to 486.361, inclusive, is guilty of a [misdemeanor.] civil infraction unless a provision of those sections specifically provides that a - *AB116_R1* – 64 – particular violation is a misdemeanor, gross misdemeanor or felony.

Chapter 490 of NRS is hereby amended by adding theretotheA local authority shall not enact an ordinance providing a newcriminal sectionpenalty tofor reada asviolation follows:of this chapter for which the penalty prescribed by this chapter is a civil penalty.

A local authority shall not enact an ordinance providing a criminal penalty for a violation of this chapter for which the penalty prescribed by this chapter is a civil penalty.

or (b)- An81st applicationSession or(2021) document– to67 obtain– any license, permit, certificate of title or registration issued under the provisions of this chapter.

[4.]pursuant 5.to NRS 490.0825 and who:rs a large all-terrain vehicle (a) Operates or knowingly permits the operation of the vehicle without having insurance as required by NRS 490.0825;

Any person who registers a large all-terrain vehicle pursuant to NRS 490.0825 and who:

(a) Operates or knowingly permits the operation of the vehicle without having insurance as required by NRS 490.0825;

- *AB116_R1* – 65 – Sec.

A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimonytes(a) andIn recommendany ordersaction andfiled apursuant judgment:to NRS 73.010;

(a) In any action filed pursuant to NRS 73.010;

or - 81st Session (2021) – 68 – (e) In any action to determine whether a person has committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

The referee must meet the qualifications of a justice of the peacepea3. as set forth in NRS 4.010.

3.

in NRS 4.010.

4.370courts 1.have jurisdiction of the following civil actions andustice proceedings and no others except as otherwise provided by specific statute:

Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

- *AB116_R1* – 66 – (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.

(d)- In81st actionsSession upon(2021) bonds– or69 undertakings– conditioned for the payment of money, if the sum claimed does not exceed $15,000,$15,000,the though the penalty may exceed that sum.

(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.

taxes, where the amount of the (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.

(1)than In700,000;a a county whose population is 100,000 or more and less than(2) 700,000;In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;

- *AB116_R1* – 67 – (2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more;

(n) Except as otherwise provided in this paragraph, in any action for the issuance of an ex parte or extended order for protection against- high-risk81st behaviorSession pursuant(2021) to– NRS70 33.570– justice court does not have jurisdiction in an action for the issuance of an ex parte or 33.580.extended order for protection against high-risk behavior:

A justice court does not have jurisdiction in an action for the issuance of an ex parte or extended order for protection against high-risk behavior:

(q)manufactured Inhomes.o actions to contest the validity of liens on mobile homes or manufactured(r) homes.In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

2.civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

The3. jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

- *AB116_R1* – 68 – 3.

Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the justice court has not - 81st Session (2021) – 71 – established a program pursuant to NRS 176A.280, to a program established pursuant to that section.

Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the lim5.s oIn the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

5.

In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

and (d) Has any other power or duty contained in the order of referenceref3.encThessuefindings issuedcooft. by the court.

3.fact, conclusions of law and recommendations of the referee or hearing master must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible.

The findings of fact, conclusions of law and recommendations of the referee or hearing master must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible.

- *AB116_R1* – 69 – Sec.

(b)- To81st determineSession whether(2021) a– person72 has– committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

(f)4.) ActionsANothing seekingcontained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an orderissue pursuantin the cause, in which case the court shall certify the cause to NRSthe 441A.195.district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

4.- 81st Session (2021) – 73 – 17.1506.

NothingN1. contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

- *AB116_R1* – 70 – Sec.

76.

NRS 17.150 is hereby amended to read as follows:

17.150 1.

[The] Except as otherwise provided in section 36 of this act, the lien continues for 6 years after the date the judgment or decree wasis docketed,renewed, andunless:s is continued each time the judgment or (a) The enforcement of the judgment or decree is renewed,stayed unless:on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

3.

The abstract described in subsection 2 must contain the:

In addition to recording the information described in subsection 2, a judgment creditor who records a judgment or decree for the purpose of creating a lien upon the real property of the judgment- debtor81st pursuantSession to(2021) subsection– 74 – affidavit of judgment stating:bsection 2 shall record at that time an affidavit(a) The name and address of the judgment stating:debtor;

- *AB116_R1* – 71 – (a) The name and address of the judgment debtor;

and (d) If a manufactured home or mobile home is included within the lien, the location and serial number of the manufactured home or mobile home and a statement that the judgment creditor has confirmedmanufactured thathome theor judgmentmobile debtorhome.r is the legal owner of the manufactured homeAll orinformation mobileincluded home.in an affidavit of judgment recorded pursuant to this subsection must be based on the personal knowledge of the affiant, and not upon information and belief.

 All information included in an affidavit of judgment recorded pursuant to this subsection must be based on the personal knowledge of the affiant, and not upon information and belief.

(a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the “Affidavit of Renewal of Judgment” and must specify:e titled as an (1) The names of the parties and the name of the judgment expirescreditor’s bysuccessor limitation.in interest, if any, and the source and succession of his or her title;

The affidavit must be titled as an “Affidavit of Renewal of Judgment” and must specify:

(1) The names of the parties and the name of the judgment creditor’s successor in interest, if any, and the source and succession of his or her title;

(4)- Whether81st thereSession is(2021) an– 75 – enforcement of the judgment;an outstanding writ of execution for enforcement(5) The date and amount of any payment on the judgment;

(5)(6) TheWhether datethere are any setoffs or counterclaims in favor of the judgment debtor and the amount ofor, anyif a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;

- *AB116_R1* – 72 – (6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;

(b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).

For attending the courts of this State in any criminal case, [or] civil suit , hearing to contest the determination that a person has committed a civil infraction or proceeding before a court of record, master, commissioner, justice of the peace, ororre before the grand jury, in obedience to a subpoena, each witness is entitled:

(b) Except as otherwise provided in this paragraph, to be paid for attending a court of the county in which the witness resides at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile - 81st Session (2021) – 76 – necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route.

A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which the witness resides, each witness is entitled to be paid an amount equal to the allowance for - *AB116_R1* – 73 – travel by private conveyance established by the State Board ofofe for Examiners for state officers and employees generally.

If a witness is from without the county or, being a resident of another state, voluntarily appears as a witness at the request of the Attorney General or the district attorney and the board of county commissioners of the county in which the court is held, the witness is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held.

Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant - 81st Session (2021) – 77 – must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his or her own behalf.

Witness fees, per diem allowances, travel expenses and other reimbursement must not be taxed against a county or incorporated city after a hearing to contest the determination that a person has committed a civil infraction unless the courtcourttion -that *AB116_R1* – 74 – determines, after a hearing, that the civil infraction citation was issued maliciously and without probable cause.

79.2.

NRS 171.123 is hereby amended to read as follows:

the officer encounters under circumstances which reasonablyhom indicate that the person has committed, is committing or is about to commit a crime [.] or civil infraction.

2.

Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.

3.

The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad.

Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.

4.

A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes.

The detention must not extend beyond the - 81st Session (2021) – 78 – first effected, unless the person is arrested.here the detention was 5.

As used in this section, “civil infraction” has the meaning ascribed to it in NRS 481.015.

Sec.

79.7.

1.

There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $310,000 to make system upgrades and provide training to personnel to carry out the provisions of this act.

2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, to which money from the appropriation is granted or otherwise entity transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.

Sec.

The legislatureLegislature hereby finds and declares that:

564, 567-68 (2008), that the penalty for a crime is determined by the law in effect at the time the offender committed the crime and not the law in effect at the time the offender is sentenced unless the Legislature hashasct at expressed its clear intent that a statute ameliorating the penalty apply retroactively.

- *AB116_R1*81st Session (2021) – 7579 – (d) For those reasons, the Legislature is exercising its exclusive power to define the acts which subject a person to criminal penalties by making certain minor traffic and related offenses no longer subject to criminal penalties and, instead, imposing civil penalties forfor2.hosExcept thoseas offenses.otherwise provided in this section, the provisions of this act apply to a violation of any provision of law that pursuant to a provision of this act is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act if the violation occurs on or after January 1, 2023.