drivingSections record,[1,] the1.5, commission4, of6-8, a10, traffic13, or[37-39,] related37, violation39, that42, is43, punishable58, as68, a70 civil[and infraction76-78] pursuant, to76, this77 billand is78 treatedof thethis samebill asmake aconforming convictionchanges forby aincluding trafficreferences orto relatedthe violationnew undercivil existinginfraction law.system where necessary.

Sections 24-36.72, 3, 55, 62, 63 and 66 of this bill enactmake proceduresconforming forchanges by substituting the impositionterm of“civil apenalty” civilfor penalty“fine” againstand athe personterm who[“notice violatesof] a“ provisioncivil ofinfraction law[”] thatcitation” isfor punishable“citation.” asSection a1 civilof infractionthis pursuantbill todefines thisthe bill.term “civil Assembly Amendment No.

-311 81st Session (2021) – 2 – Section 24 of this bill requires each traffic enforcement agency in this State to provideAssembly civilBill infractionNo. citations that a member of the traffic enforcement agency or, in certain circumstances, a prosecuting attorney, may issue to a person who has allegedly committed the civil infraction.

Section116 26Page of4 thisinfraction” billfor authorizespurposes aof peacethe officerprovisions who has reasonable cause to believe that a person has violated a provision of law punishablerelating as a civil infraction pursuant to thiscertain billtraffic to halt and detainrelated theoffenses. person infraction citation for the alleged violation, and section 28 of this bill requires a peace officer who has stopped a driver for such an alleged violation to demand proof of the insurance required to be maintained by existing law.

Sections 9, 11 and 12 of this bill provide that, for the purposes of a person’s driving record, the commission of a traffic or related violation that is punishable as a civil infraction pursuant to this bill is treated the same as a conviction for a traffic or related violation under existing law.

against a person who violates a provision of law that is punishable as a civil infractionpenalty pursuant to this bill.

Section 24 of this bill requires each traffic enforcement agency in this State to provide [notices of] civil infraction citations that a peace officer or, in certain circumstances, a prosecuting attorney, may issue to a person who has allegedly committed the civil infraction.

Section 26 of this bill authorizes a peace officer who has reasonable cause to believe that a person has violated a provision of law punishable as a civil infraction pursuant to this bill to halt and detain the person as is reasonably necessary to investigate the alleged violation and [serve] issue a [notice of] civil infraction citation for the alleged violation, and section 28 of this bill requires a peace officer who has stopped a driver for such an alleged violation to demand proof of the insurance required to be maintained by existing law.

(1) detain the person if the person is suspected of criminal behavior or of violatingthe conditionsperson ofhas parolea orweapon probation;and take any other lawful action;

(2)and search(3) thearrest person to determine whether the person hasifr aprobable weaponcause andexists takefor anythe otherarrest. lawful action;

and (3) arrest the person if probable cause exists for the arrest.

Section 27 of this bill specifies the information that is required to be provided in the [notice of] civil infraction citation issued to the person who allegedly committed the civil infraction.

Sections 25 and 29 of this bill provide that when the [peace officer] original or a copy of the civil infraction citation is manually or electronically filed[files with a court having jurisdiction over the allegedoriginal violation or witha itscopy trafficof violations bureau, the citaSectionnotice 30 of thiscivil billinfraction] requiresfiled awith person to respond to a civilcourt infractionhaving citationjurisdiction notover later than 90 calendar days after it has been issued by not contesting the citationalleged andviolation payingor allwith monetaryits penaltiestraffic andviolations assessmentsbureau, specified in the [notice] citation oris requesting a hearingcomplaint tofor contest whether the personpurposes committedof theinitiating violationa setcivil forthcase. in the citation.

Section 30 of this bill requires a person to respond to a [notice of] civil infraction citation not later than 90 [judicial] calendar days after it has been issued by not contesting the [notice] or requesting a hearing to contest whether the person committed the violation set forth in then [notice or requesting a hearing to explain mitigating circumstances surrounding the violation.] citation.

Section 30 also provides that if a person does not respond to a [notice of] civil infraction citation within 90 [judicial] calendar days after it has been issued, the[the court is required to findnotify that the person committedof the civilfailure infraction and assess a monetary penalty and administrative assessments against the person and require the person to payrespond. certain expenses for witnesses that are authorized by section 77.5 of this bill.

SectionIf 31 of this bill establishes the procedures for a hearing at which a person maydoes contestnot whetherrespond he or she committed the violation and generally requires the person to post a bond in an amount equal to the monetarynotice penalty,of administrative assessments and fees specified in the civil infraction citationwithin or30 alternativelyjudicial depositdays suchafter anreceipt amountof inthe civilnotice infractionof citationthe andfailure certain peace officers to userespond,] athe system established by a court oris itsrequired traffic violations bureau to performfind certainthat authorizedthe actionsperson suchcommitted asthe makingcivil ainfraction plea,and statingassess a defensemonetary orpenalty mitigatingand circumstancesadministrative orassessments submittingagainst a written statement, as applicable, by mail, electronic mail, over the Internetperson or[. by other electronic means in lieu of taking such actions or making a statement at the hearing.

Sections] and require the person to pay certain expenses for witnesses that are authorized by section 77.5 of this bill.

Section 31 [and 32] of this bill [, respectively, establish] establishes violation and [a hearing at which a person may explain mitigating circumstances surrounding the violation.

Section 33 of this bill makes the Nevada Rules of Civil Procedure inapplicable to these hearings.] generally requires the person to post a bond in an amount equal to the monetary penalty, administrative assessments and fees specified in the civil infraction citation or alternatively deposit such an amount in cash with the court.

Section 38.5 of this bill authorizes a person who was issued a civil infraction citation and certain peace officers to use a system established by a court or its traffic violations bureau to perform certain authorized actions such as making a plea, stating a defense or mitigating circumstances or submitting a written statement, as applicable, by mail, electronic mail, Assembly Amendment No.

311 to Assembly Bill No.

116 Page 5 over the Internet or by other electronic means in lieu of taking such actions or making a statement at the hearing.

(1) establishes a maximum civil penalty of $500 for a violation of law punishable as a civil infraction pursuant to this bill and [provides] generally requires that any such civil penalty collected [by a justice court] for a violation of a law of this State must be paid[deposited tointo the treasurerState ofPermanent theSchool cityFund;] inpaid whichto the civiltreasurer infractionof occurred or, if the civilcity infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred;

(2) requires the court totothe order the person who committed - 81st Session (2021) – 3 – the civil infraction to pay an administrative assessment in the same amount that the person would have been required to pay if the violation were a criminal offense;

[and] (4) authorizes a court to order a person to attend a course of traffic safety approved by the Department of Motor Vehicles;Vehicles ;

and (5) authorizes a court to reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation under certain circumstances.

Section 36.3 of this bill authorizes a prosecuting attorney to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civilcivilrtain infraction and establishes the actions a prosecuting attorney is required to take when making such an election.

Section 38 of this bill prohibits a governmental entity or any agent thereof from using photographic, video or digital equipment for the purpose of gathering evidence tor the issuance of a civil infraction citation for a violation of a traffic law peaceunless officer;such equipment is:

(1) a portable event recording device worn or held by a peace officer;

Sections 73 and 74.5 of this bill, respectively, authorize certain justice courts and municipal courts to appoint referees and hearing masters, as applicable, to take testimony and recommend orders and judgments to the justice of the peace or municipal court in cases involving a violation of law that is punishable as a civil infraction pursuant to this bill.

[ Section 79 of this bill establishes provisions governing the hearing and disposition of civil infractions committed by juveniles.] Section 80 of this bill provides that the amendatory provisions of this bill generally apply [retroactively] to any [person who has committed an offense for which this bill establishes a civil penalty, unless the person was convicted of the] offense [before] committed on or after January 1, 2023,2023 [.] , however, the provisions of section 36.3 apply to any offense commits an offense before January 1, 2023, that is punishable as a civil infraction on or after January 1, 2023, the person who committed before,the offense cannot be arrested for the offense on or after January 1, 2023.

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.

SectionAssembly 79.7Amendment ofNo. 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.

-311 81stto SessionAssembly (2021)Bill –No. 4 – EXPLANATION – Matter in bolded italics is new;

matter116 betweenPage brackets6 [omittedTHE material]PEOPLE isOF materialTHE toSTATE beOF omitted.NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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 oth(a)otherwise “Department”requires: means the Department of Motor Vehicles.

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

[Section 1.] Sec.

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:

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 thetheensed applicable regulations governing the establishment, conduct and scope of automobile driver education ado(b)adopted Exceptby asthe otherwiseState providedBoard in subsection 3, has at least 50 hours of supervisedEducation experiencepursuant into drivingNRS a389.090; 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 NRSprincipal 392.123;dand 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 392.070;392.123;

Assembly Amendment No.

311 to Assembly Bill No.

116 Page 7 (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 bef2.ebefore aIfapplying afor course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the persondriver’s may,license. 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.

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 81stdriver’s Sessionlicense (2021)may –provide 6to –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(c)483.280; 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.

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

or311 (3)to BothAssembly payBill suchNo. a [fine] civil penalty and comply with the provisions of this section for such additional time as determined by the3.ourA violation of this section:

116 Page 8 (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 the court.

3.

A violation of this section:

Except as otherwise provided in subsection 2, a civil infraction citation [notice of civil infraction] may be issued pursuant to sections 24 to [36,] 36.7, inclusive, of this act for a violation of NRS 483.2523 only if the violation is discovered when the vehicle is halted or its driver is arrested for another alleged violation or offense.

A peace officer shall not issue a civil infraction citation [notice of civil infraction] pursuant to sections 24 to [36,] 36.7, inclusive, of this act to a person for operating a motor vehicle in violation of NRS 483.2523 if the person provides satisfactory evidence that the person has held the driver’s license for the period required pursuant to NRS 483.2523.

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 anedan examination.

 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,  i4.in lieu of an actual demonstration.

Assembly Amendment No.

311 to Assembly Bill No.

116 Page 9 4.

(c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS that484C.110, prohibits484C.120 the same or similar484C.430 conduct;any other jurisdiction (d) Has restrictions to his or hera driver’slaw licenseof whichany theother Departmentjurisdiction mustthat reevaluateprohibits to ensure the safesame drivingor ofsimilar aconduct; motor vehicle by that person;

(d) Has restrictions to his or her driver’s license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;

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 81stprovisions Sessionof (2021)Part –1327 9of –Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

identification3. 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.

AnThe applicationDepartment formay suchissue a driver’s license mustfor bepurposes madeof throughidentification theonly headfor use by officers of thelocal police orand sheriff’ssheriffs’ department,departments, theagents Chief of the Investigation Division of the Department of Public Safety,Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the directorestablishment of thea appropriatefictitious identity, federal agency,agents while engaged in undercover investigations, investigators employed by the Attorney General,General while engaged in undercover investigations, criminal investigators employed by the Secretary of State orwhile hisengaged orin herundercover licenseinvestigations isand exemptagents fromof the feesNevada requiredGaming byControl Board while engaged in investigations pursuant to NRS 483.410.463.140.

ThechAn application for such a Department,license bymust regulation,be shallmade providethrough forthe head of the cancellationpolice or sheriff’s department, the Chief of anythe suchInvestigation driver’sDivision licenseof uponthe Department of Public Safety, the completiondirector of the specialappropriate investigationfederal foragency, whichthe itAttorney wasGeneral, issued.the Secretary of State or his or her designee or the Chair of the Nevada Gaming Control Board.

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

The Department, by regulation, Assembly Amendment No.

311 to Assembly Bill No.

116 Page 10 shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

- 81st Session (2021) – 10 – 5.

At the time of the issuance or renewal of the driver’s license, the(a) Give the holderDepartment theshall: 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 ifto heregister orwith shethe soNext-of-Kin chooses.t-of-Kin Registry pursuant to NRS 483.653 7.if he or she so chooses.

7.

-(a) 81stAll Sessionapplications (2021) – 11 – for such denial.cations denied and on each thereof note the reasons (b)for Allsuch applicationsdenial. granted.

(b) All applications granted.

The Department shall also file all crash reports and abstracts of court records of convictions or findings of the commission of civil infractions pursuant to sections 24 to [36,] 36.7, inclusive, of this act received by it under the laws of this State, and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions or findings of such licensee and the traffic crashes in which the licensee was involved [shall be] are readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times.

Sec.Assembly Amendment No.

311 to Assembly Bill No.

116 Page 11 Sec.

highways483.430 of1. 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.

The Department is further authorized, upon receiving a record of the entrance of an order pursuant to sections 24 to [36,] 36.7, inclusive, of this act finding that a nonresident driver of a motor vehicle committed a civil infraction in this State or the conviction in this State of a nonresident driver of a motor vehicle of any criminal offense under the motor vehicle laws of this State, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so found or convicted is a resident.

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.

-(a) 81stHas Sessionfailed (2021)to –comply 12with –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.

[, from a] (2) A traffic commissioner, referee, hearing master, municipal judge, justice of the peace or district judge,judge , as applicable, that a delinquency for which the suspension was ordered pursuant to NRS 176.064 or section 36 of this act, as applicable, has been discharged .

[or from a] (3) A[A judgetraffic commissioner, referee, hearing master, municipal judge, justice of the juvenilepeace courtor district judge, as applicable, that ana unsatisfieddefendant civilwhose 62B.420license was ordered to be suspended pursuant to section 36 of this act has been satisfied;ordered to perform community service to discharge the delinquency for which the suspension was ordered pursuant to section 36 of this act.

andonIf wasthe ordereddefendant pursuantdoes tonot NRSperform (b)the Paymentcommunity ofservice thein feea formanner reinstatementsatisfactory ofto athe suspendedcourt, licensethe prescribedAssembly inAmendment NRSNo. 483.410.

311 to Assembly Bill No.

116 Page 12 Department shall immediately suspend the license of the defendant if so ordered pursuant to section 36 of this act.

(4)] 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;

and (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 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,] 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 moreofmore than 3 demerit points from the person’s driving record.

The 3 demerit points may only be cancelled from the driver’s record of the person during the 12-month12- month period immediately following the driver’s successful completion of the course of traffic safety.

applies2. 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) 81stFor Sessionthe (2021)first –accumulation 14of –12 monthdemerit points during a 12-month period, for 6 months.

(c) For the third accumulation within 5 years of 12 demerit points during a 12-month12- month period, for 1 year.

4.Assembly Amendment No.

The311 Department shall suspend for 1 year the future driving privileges of a person who has been convicted of a sixth traffic offense within a 5-year period, is found to haveAssembly committedBill aNo. sixth civil infraction pursuant to sections 24 to 36.7, inclusive, of this act within a 5-year period or has accumulated a combined total of six civil infractions and traffic offenses within a 5-year period, if all six civil infractions or traffic offenses have been assigned a value of 4 or more demerit points.

Such116 aPage person13 is4. not eligible for a res5.ictIf 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.

The Department shall suspend for 1 year the future driving privileges of a person who has been convicted of a sixth traffic offense within a 5-year period , is found to have committed a sixth civil infraction pursuant to sections 24 to [36,] 36.7, inclusive, of this act within a 5-year period or has accumulated a combined total of six civil infractions and traffic offenses within a 5-year period, if all six civil infractions or traffic offenses have been assigned a value of 4 or more demerit points.

Such a person is not eligible for a restricted license during this 1-year period.

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,] 36.7, inclusive, of this act must be made in a manner approved by the Department.

The court shall provide sufficient information to -allow 81stthe SessionDepartment (2021)to –include 15accurately –the information regarding [the] each conviction and finding in the driver’s record.

(a) If the court is other than a juvenile court, [a] each record of the conviction of any person in that court for a violation of any such laws other than regulations governing standing or parking [;] and each record of the finding that any person has committed a civil infraction pursuant to sections 24 to [36,] 36.7, inclusive, of this act;

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 , or a record of a finding of the commission of a civil infraction pursuant to sections 24 to [36,] 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.

(a)Assembly “Conviction”]Amendment ,No. “conviction” has the meaning prescribed by regulation pursuant to NRS 481.052.

defendant’s311 appearance in court, if the forfeiture has not beena vacated, is equivalent to aAssembly conviction.]Bill 6.No.

[The]116 IfPage a14 court(a) mails“Conviction”] records, of“conviction” convictionhas or of findings of the commissionmeaning ofprescribed aby civilregulation infraction pursuant to sectionsNRS 24481.052. to 36.7, inclusive, of this act, the necessary expenses of mailing such records [of conviction] to the Department as required by this section must be paid by the court charged with the duty of forwarding those records .

[of[(b) conviction.]A -forfeiture 81stof Sessionbail (2021)or –collateral 16deposited –to Informationsecure System”a hasdefendant’s appearance in court, if the meaningforfeiture ascribedhas tonot itbeen invacated, Licenseis NRSequivalent 483.904.to a conviction.] 6.

[The] If a court mails records of conviction or of findings of the commission of a civil infraction pursuant to sections 24 to [36,] 36.7, inclusive, of this act, the necessary expenses of mailing such records [of conviction] to the Department as required by this section must be paid by the court charged with the duty of forwarding those records .

[of conviction.] 7.

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

As used in this section, “traffic violation” means conviction of a moving traffic violation in any municipal court, justice court or district court in this State [.] or a finding by any municipal court or justice court in this State that a person has committed a civil infraction pursuant to sections 24 to [36,] 36.7, inclusive, of this act.

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 aconviction graduatedor systemfinding ofis demeritsobtained. 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 81stand Sessiona (2021)signed –statement 17which –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 3 demerit points may only be cancelledAssembly fromAmendment aNo. driver’s record during the 12-month period immediately following the driver’s successful completion of the course of traffic safety.

311 to Assembly Bill No.

116 Page 15 cancelled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the course of traffic safety.

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) For the first accumulation of 12 demerit points during a 12-12-month month period, 6 months.

(c) For the third accumulation within 5 years of 12 demerit points during a 12-month12- month period, 1 year.

A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted lic4.license during the suspension.

The4. 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,] 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.

Department6. 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.

Except as otherwise provided in subsection 2,[subsections] 2 , [and 3,] it is a misdemeanor for any person:

issued(d) toTo himdisplay or her;representrepresent as one’s own any driver’s license not (e)issued To fail or refuse to surrenderhim to the Department, a peace officer or aher; court upon lawful demand any driver’s license which has been suspended, revoked or cancelled;

Assembly Amendment No.

311 to Assembly Bill No.

116 Page 16 (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.

Sec.[ 3.

It is a civil infraction punishable pursuant to sections 24 to 36, inclusive, of this act for any person to display or cause or permit to be displayed, possess, or fail or refuse to surrender to the Department any cancelled driver’s license if the sole reason for the cancellation was the failure of the person to pay the fee for the issuance or renewal of the driver’s license as the result of a check or other method of payment being returned to the Department or otherwise dishonored upon presentation because there was insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because a person stopped payment on the check or other method of payment.] Sec.

It [Except as otherwise provided in NRS 483.560, it] is unlawful [a civil infraction punishable pursuant to sections 24 to 36, inclusive, of this act] for any person to drive a motor vehicle upon a public street or highway in this State without being the holder of a valid driver’s license.

The court shall require any person convicted of violating [this[found to have violated this section] subsection 1 to obtain a valid driver’s license or produce a notice of disqualification from the Department.

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.

If a physician or an advanced practice registered nurse is aware that a person has violated subsection 1 after the physician or advanced practice registered nurse has informed the person pursuant to NRS 629.047 that the person’s condition would severely impair his or her ability to safely operate a motor vehicle, the physicianAssembly orAmendment advancedNo. practice registered nurse may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person.

311 to Assembly Bill No.

116 Page 17 physician or advanced practice registered nurse may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person.

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 athina physician or an advanced practice registered nurse based on the fact that he or she did not submit such a report.

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 aya 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 pre3.nceEverypresence. 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.

483.620 It is a [misdemeanor] civil infraction punishable pursuant to sections 24 to [36,] 36.7, inclusive, of this act for any person to violate any of the provisionsAssembly ofAmendment NRSNo. 483.010 to 483.630, inclusive, unless such violation is, by NRS 483.010 to 483.630, inclusive, or other law of this State, declared to be a misdemeanor, gross misdemeanor or felony.

311 to Assembly Bill No.

116 Page 18 provisions of NRS 483.010 to 483.630, inclusive, unless such violation is, by NRS 483.010 to 483.630, inclusive, or other law of this State, declared to be a misdemeanor, gross misdemeanor or felony.

Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to [36,] 36.7, inclusive, of this act.

Every traffic enforcement agency in this State shall provide in appropriate form [notices of] civil infraction citations containing notice of the civil infraction which must meet the requirements of sections 24 to [36,] 36.7, inclusive, of this act and be:

(b)(a) AvailableIssued throughin anbooks; electronic device used to prepare such citations.

or (b) Available through an electronic device used to prepare such [notices.] 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 [notice of] civil infraction citation issued to individual members of the traffic enforcement agency.agency and volunteers of the traffic enforcement agency appointed pursuant to NRS 484B.470.

A [notice of] civil infraction [,] citation, when filed with a court of competent jurisdiction, shall be deemed to be a lawful complaint for the purpose of initiating a civil case pursuant to sections 24 to [36,] 36.7, inclusive, of this act, if the [notice of] civil infraction citation includes information whose truthfulness is attested as required for a complaint in a civil case or is prepared electronically.

-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.

A26. peace officer who has halted and detained a person pursuant to this section may also:

(a)[A] Detain1. the person in accordance with NRS 171.123 if circumstances exist that warrant such a detention;

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 [serve] issue a [notice of] civil infraction citation for the alleged violation.

A peace officer who has halted and detained a person pursuant to this section may also [detain] :

(a) Detain the person in accordance with NRS 171.123 [.] if circumstances exist that warrant such a detention;

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 asa and 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 [notice of] civil infraction citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing,containing [:] , except as otherwise provided in paragraph (a) of subsection 2 of section 36.3 of this act:

(a)Assembly AAmendment statementNo. that the citation represents a determination by been committed by the person named in the citation and that the has determination will be final unless contested as provided in sections to 36.7, inclusive, of this act;

311 to Assembly Bill No.

116 Page 19 (a) A statement that the [notice] citation represents a determination by a peace officer or prosecuting attorney that a civil infraction has been committed by the person named in the [notice] citation and that the determination will be final unless contested as provided in sections 24 to [36,] 36.7, inclusive, of this act;

(c) The name,name [and] , date of birth, residentialsocial addresssecurity andnumber, mailingaddress address,, if different from the residential address, telephone number and electronic mail address of the person who is being issued the [notice;] 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;

(f)(e) The civilnumber infractionof forthe whichperson’s thedriver’s citationlicense, wasif issued;any;

(g)(f) The personnelcivil numberinfraction orfor other unique agency identification number of the peace officer issuing the citation and the address and phone number of the agency which employs the peace[notice] 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 or the volunteer appointed pursuant to NRS 484B.470 who issued the citation andwas theissued; address and phone number of the agency which employs the peace officer or volunteer, preprinted or printed legibly on the citation;

(h)(g) AThe statementfirst initial, last name and personnel number of the optionspeace providedofficer pursuantissuing tothe sectionscitation 24or, toif 36.7,a inclusive,prosecuting ofattorney thisis actissuing forthe respondingcitation, to the citationpeace andofficer who halted the proceduresperson necessaryfor tothe exerciseviolation, theseprinted options;legibly;

(i)(h) A statement that,of at any hearing to contest the determinationoptions setprovided forthpursuant into thesections citation,24 theto facts[36,] that36.7, constituteinclusive, the infraction must be proved by a preponderance of thethis evidenceact andfor theresponding personto may subpoena witnesses, including, without limitation, the peace[notice] officercitation orand duly authorized member or volunteer of a traffic enforcement agency who issued the citationprocedures ornecessary haltedto theexercise person;these options;

and[(h)] (j)(i) A statement that, at any hearing to contest the determination set forth in the [notice,] citation, the facts that constitute the personinfraction must respondbe toproved by a preponderance of the citationevidence asand calendarthe days.ctionsperson 24may tosubpoena 36.7,witnesses, inclusive,including, without limitation, the peace officer or duly authorized member or volunteer of thisa acttraffic withinenforcement 90agency 2.who issued the [notice;] citation or halted the person;

Aand peace[(i)] officer(j) whoA issuesstatement athat civilthe infractionperson citationmust pursuantrespond to subsectionthe 1[notice] shallcitation signas theprovided citationin andsections deliver24 ato copy[36,] of36.7, theinclusive, citationof tothis theact personwithin charged90 with[judicial] thecalendar civildays. infraction.

If2. the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.

[The] A peace officer [issuing] who issues a [notice of] civil infraction citation pursuant to subsection 1 shall sign the [notice] citation and deliver a copy of the [notice] citation to the person charged with the civil infraction.

If the [notice] citation is prepared electronically, the peace officer shall sign the copy of the [notice] citation that is delivered to the person charged with the violation.

A [notice of] civil infraction citation may be served by delivering a copy of the [notice] citation to the person charged with the civil infraction [.] pursuant to this section or section 36.3 of this act.

The acceptance of a [notice of] civil infraction citation by the person charged with the civil infraction shall be deemed personal service of the [notice] citation and a copy of the [notice] citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service.

If a person charged with a civil infraction refuses to accept a [notice of] civil infraction -[,] 81st Session (2021) – 24 – citation, the copy of the [notice] 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, theorthe 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.

2.[If the driver of the vehicle is not the registered owner of the vehicle, a notice of civil infraction must also be issued to the owner, and in such a case the driver:

(a) May accept the notice on behalf of the registered owner;

and Assembly Amendment No.

311 to Assembly Bill No.

116 Page 20 (b) Shall notify the registered owner of the notice within 3 days after it is issued.

 The agency which employs the peace officer shall immediately forward a copy of the notice to the registered owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.] 2.

Every peace officer, upon issuing a [notice of] civil infraction citation to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance, shall file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of the [notice] citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

A copy of a [notice of] 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:

(b) Has the ability to receive and store the [notice] citation electronically;

and (c) Has the ability to physically reproduce the [notice] citation upon request.

Upon the filing of the original or a copy of the [notice of] civil infraction citation with a court having jurisdiction over the alleged infraction or with its traffic violations bureau, the [notice] citation may be disposed of only by an official action of a judge of the court,court 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 [notice of] 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 [notice of] civil infraction citation or copies of it or of the record of the issuance of a [notice of] civil infraction citation in a manner other than as required in thi5.secThen.this section.

chief5. 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 [notice of] 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 [notice of] 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 maintain or cause to be maintained a record of every [notice of] civil infraction citation issued by any peace officer under his or her supervision.

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

Any person who receives a [notice of] civil infraction citation pursuant to section 27 or 36.3 of this act shall respond to the [notice] citation as provided in this section not later than 90 [judicial] calendar days after the date on which the [notice] citation is issued.

If a person receiving a [notice of] civil infraction citation does not contest the determination that the person has committed the civil infraction set forth in the [notice,] citation, the person must respond to the [notice] citation by indicatingAssembly thatAmendment theNo. person does not contest the determination and submitting full payment of the monetary specified in the citation, or its traffic violations bureau, in person, by mail or through the Internet or other electronic means.

311 to Assembly Bill No.

116 Page 21 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 [notice,] citation, or its traffic violations bureau, in person, by mail or through the Internet or other electronic means.

If a person receiving a [notice of] civil infraction citation wishes to contest the determination that the person has committed the civil infraction set forth in the [notice,] citation, the person must respond by requesting in person, by mail or through the Internet or other electronic means a hearing for that purpose.

The court shall notify the person in writing of the time, place and date of the hearing, but the date of the hearing must not be earlier than [7 judicial] 9 calendar days after the court provides notice of the hearing.

Except[If asa otherwiseperson providedreceiving ina thisnotice subsection,of notcivil lessinfraction thandoes 30not dayswish beforeto contest the deadlinedetermination forthat athe person tohas respondcommitted tothe a civil infraction citation,set forth in the courtnotice mustbut sendwishes to theexplain addressmitigating orcircumstances electronicsurrounding mailthe addresscivil ofinfraction, the person,person asmust indicatedrespond onby therequesting civilin infractionperson, citationby issuedmail toor through the person,Internet aor reminderother thatelectronic themeans persona musthearing -for 81stthat Sessionpurpose (2021)or –by 26submitting –in respondperson, toby themail civilor infractionthrough citationthe withinInternet 90or calendarother dayselectronic aftermeans thea datewritten onstatement whichof the civilmitigating infractioncircumstances. citation is issued.

If the person agreedreceiving to receive communications relating to the civil infraction by text message, the court may send such a notice toof thecivil citation.infraction:

If(a) theRequests persona doeshearing, not respond to the civil infractionion 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 enternotify an order pursuant to section 34 of this act finding that the person committedin thewriting civilof infraction and assessing the monetarytime, penaltyplace and administrativedate assessmentsof prescribed for the civilhearing. infraction.

A(b) personSubmits who has been issued a civilwritten infractionstatement citationof andmitigating whocircumstances, failsthe tocourt respondmust toconsider the civilwritten infractionstatement citationand asdetermine requiredwhether byto thisreduce sectionthe maymonetary notpenalty appealimposed anfor orderthe enteredcivil pursuantinfraction tobased thison section.that statement.

The court may reduce any moving violation to a nonmoving violation based on the statement of mitigating circumstances.

If any person issued a notice of civil infraction citation fails to appearrespond atto the notice of civil infraction within 90 judicial days after the date on which the notice of civil infraction is issued,] Except as otherwise provided in this subsection, not less than 30 days before the deadline for a hearingperson requestedto pursuantrespond to subsectiona 3,civil infraction citation, the court must enter[notify anthe orderperson pursuantof the failure to sectionrespond 34by mailing a notice of thisthe actfailure findingto thatrespond] send to the [last known] address or electronic mail address of the person committed[by registered or certified mail.] , as indicated on the civil infraction andcitation assessingissued to the monetaryperson, penaltya andreminder administrativethat assessmentsthe prescribedperson formust respond to the civil infraction.infraction citation within 90 calendar days after the date on which the civil infraction citation is issued.

AIf the person whoagreed hasto beenreceive issuedcommunications arelating to the civil infraction citationby andtext whomessage, failsthe tocourt appearmay atsend such a hearingnotice requested pursuant to subsectionthe 3,telephone maynumber notof appealthe anperson orderas enteredindicated pursuanton tothe thiscivil subsection.infraction citation.

If the person does not respond to the [notice of] civil infraction citation in the manner specified by subsection 2 [,] or 3 [or 4] within [30 judicial] 90 calendar days after [receipt of notice of the failure to respond,] 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.

A person who has been issued a [notice of] civil infraction citation and who fails to respond to the [notice of] civil infraction citation as required by this section may not appeal an order entered pursuant to this section.

[6.] 5.

If any person issued a [notice of] civil infraction citation fails to appear at a hearing requested pursuant to subsection 3 , [or 4,] 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.

A person who has Assembly Amendment No.

311 to Assembly Bill No.

116 Page 22 been issued a [notice of] civil infraction citation and who fails to appear at a hearing requested pursuant to subsection 3 , [or 4] may not appeal an order entered pursuant to this subsection.

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, NRStravel 50.225.nsesexpenses and other reimbursement in accordance with 7.NRS 50.225.

7.

If, pursuant to subsection 3 of section 30 of this act, a person receiving a [notice of] civil infraction citation requests a hearing to contest the determination that the person has committed the civil infraction set forth in the [notice,] 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 81stcitation. 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.

The person who requested the hearing may,may , at his or her expense, be represented by counsel,counsel and[. a city attorney or district attorney, in his or her discretion and as applicable, may represent the plaintiff.

If the violation set forth in the notice of civil infraction is a violation of:

(a) An ordinance adopted by the governing body of an incorporated city, the city attorney may represent the city at the hearing.

(b) The laws of this State or an ordinance other than an ordinance described in paragraph (a), the district attorney of the county may represent the State, county or town, as applicable, at the hearing.

3.] , and a city attorney or district attorney, in his or her discretion and as applicable, may represent the plaintiff.

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

The person named in the [notice of] civil infraction citation may subpoena witnesses, including, without limitation, the peace officer who issued the [notice,] citation, and has the right to present evidence and examine witnesses present in court.

5.[ 4.

AfterThe considerationState ofhas the evidenceburden andof argument,proving theby court shall determine whether a civilpreponderance infractionof wasthe committedevidence bythat the person named in the notice of civil infraction citation.committed a civil infraction.] 5.

TheAfter consideration of the evidence and argument, the court mustshall finddetermine bywhether a preponderancecivil ofinfraction thewas evidencecommitted thatby the person named in the [notice of] civil infraction citation[.] committedcitation. a civil infraction.

IfThe itcourt hasmust notfind been established by a preponderance of the evidence that the infraction was committed by the person named in the citation,civil theinfraction thecitation court’scommitted records.a Assembly Amendment No.

If311 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 sectionAssembly 34Bill ofNo. this act.

116 Page 23 civil infraction.

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

If it has been established by a preponderance 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.

-(a) 81stThe Sessionnotice (2021)of –appeal 28must –be filed not later than [5 judicial] 7 calendar days after the court enters in the court’s records an ordercalendarorder pursuant to section 34 of this act;

[and] (b) If the appellant is the person charged with the civil infraction, any bond required to be given by the appellant in order to secure a stay of execution of the order of the court during the pendency of the appeal must equal the amount of the monetary penalty and administrative assessments which the court has ordered the appellant to pay pursuant to section 34 of this act.

Any bond must be forfeited if the order of the court is affirmed on appeal;appeal [.] ;

Secs.Sec.

3232. and 33.

(Deleted[1. by amendment.) 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.

ExceptIf, aspursuant otherwiseto providedsubsection in4 NRSof 484A.792,section any30 of this act, a person receiving a notice of civil penaltyinfraction collectedrequests pursuanta hearing to sectionsexplain 24mitigating tocircumstances 36.7,surrounding inclusive,the ofinfraction, thisthe actproceeding must be paidan to:informal proceeding and the person requesting the hearing may not subpoena witnesses.

The determination that the person named in the notice of civil infraction committed the civil infraction set forth in the notice may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

2.

After the court has heard the explanation of the mitigating circumstances surrounding the commission of the infraction, the court must enter in the court’s records an order pursuant to section 34 of this act.

3.

No appeal may be taken from a determination or order of the court pursuant to this section.] (Deleted by amendment.) Sec.

33.

[Except as otherwise provided in sections 24 to 36, inclusive, of this act, the Nevada Rules of Civil Procedure do not apply to a civil case initiated pursuant to sections 24 to 36, inclusive, of this act.] (Deleted by amendment.) Sec.

34.

1.

[A] 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.

[On or before the fifth day of each month, a justice court shall pay to the State Controller any civil penalty imposed and collected by the justice court pursuant to this subsection for a violation of a law of this State.

The State Controller shall deposit the money into the State Permanent School Fund.] Except as otherwise provided in NRS 484A.792, any civil penalty collected pursuant to sections 24 to 36.7, inclusive, of this act must be paid to:

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 penaltyAssembly wereAmendment aNo. mentally ill or is found guilty or guilty but mentally ill of a misdemeanor.

311 to Assembly Bill No.

116 Page 24 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 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 [fine] monetary penaltyepenalty accordingly.

A court having jurisdiction over a civil infraction pursuant to sections 24 to [36,] 36.7, inclusive, of this act may:

(b) [Order a person who is found to have committed a civil infraction to successfully complete a course of traffic safety approved by the Department of Motor Vehicles as a condition to obtaining a waiver or reduction of the civil penalty which the court has ordered the person to pay.] Waive or reduce the civil penalty that a person who is found to have committed a civil infraction would otherwise be required to pay if the court determines that any circumstances warrant such a waiver or reduction.

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,] 36.7, inclusive, of this act to perform community service that is sup(a)supervised Inin lieuaccordance ofwith allsubsection or2: 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 -insurance, 81stit Sessionis (2021)provided –by 30 – performs the community service.e authority for which the person 4.performs the community service.

4.

(a)Assembly TheAmendment courtNo. must fix the period of community service that is imposed and distribute the period over weekends or over other appropriate times that will allow the person to continue employment and to care for his or her family.

311 to Assembly Bill No.

116 Page 25 (a) The court must fix the period of community service that is imposed and distribute the period over weekends or over other appropriate times that will allow the person to continue employment and to care for his or her family.

(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervisinghissupervising 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,] 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 unpaid,unpaid 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) 81stTen Sessionpercent (2021)of –the 31amount –of the delinquency, if the amount of the delinquency is $5,000 or greater.ency,greater. if the 2.

The2. city or county that is responsible for collecting a delinquent civil penalty, administrative assessment or fee may, in addition to attempting to collect the delinquent amounts through any other lawful means, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amounts owed by a person who is found to have committed a civil infraction.

[The court may, on its own motion or at the request of the city or county in which the court has jurisdiction, enter a civil judgment for the amount due in favor of the city or county, as applicable.

A civil judgment entered pursuant to this subsection] The city or county that is responsible for collecting a delinquent civil penalty, administrative assessment or fee may, in addition to attempting to collect the delinquent amounts through any other lawful means, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amounts owed by a person who is found to have committed a civil infraction.

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[Except courtas may:eotherwise theprovided judgmentin wassubsection docketed3, andif may (a) Request that the city or county in which the court has jurisdictionentered undertakea collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to this subsectionsubsection, andthe] theThe collectioncourt fee,may by: attachment or garnishment of the property, wages or other money receivable of the delinquent person.

[, in order of priority:] Assembly Amendment No.

311 to Assembly Bill No.

116 Page 26 (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[At the time the court issues licensean oforder asuspending delinquent person or delaying the abilitydriver’s license of a delinquent person pursuant to applythis forparagraph, a driver’s license, the court shall,shall withinrequire 5the daysdelinquent afterperson issuingto surrender to the order,court forwardall todriver’s thelicenses Departmentthen aheld copyby ofhim theor order.her.

The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order.] 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.

-[ 81st(c) SessionIssue (2021)an –order 32directing – subsection 1 must be distributed in the followingdelinquent manner:suantperson to (a)show Exceptcause aswhy otherwisehe providedor inshe paragraphshould (c),not ifbe thefound moneyguilty is collected by or on behalf of acontempt municipaland court,deal with the moneydelinquent mustperson beas depositedfor incontempt aof specialcourt. fund in the appropriate city treasury.

The order to show cause must be mailed to the address of the delinquent person as indicated on the notice of civil infraction issued to the person.

If the person is found guilty of contempt, the person may be confined in the city or county jail or detention facility for a period of not more than 1 day for each $150 of the amount due until the amounts due are satisfied.

3.

If the delinquent person notifies the court that he or she will perform community service to discharge the delinquency and:

(a) The city or county is undertaking any action to collect the delinquency pursuant to paragraph (a) of subsection 2, the city or county shall cease undertaking any such actions for the collection of the delinquency.

If the delinquent person does not perform the community service in a manner satisfactory to the court, the court may request that the city or county undertake actions to collect the delinquency pursuant to paragraph (a) of subsection 2.

(b) The court has ordered the suspension of the driver’s license of the delinquent person pursuant to paragraph (b) of subsection 2, the traffic commissioner, referee, hearing master, municipal judge, justice of the peace or district judge, as applicable, shall notify the Department of Motor Vehicles to reinstate the driver’s license of the delinquent person pursuant to NRS 483.443.

If the delinquent person does not perform the community service in a manner satisfactory to the court, the court may order the suspension of the driver’s license of the delinquent person in the manner specified in paragraph (b) of subsection 2.

(c) The court has issued an order pursuant to paragraph (c) of subsection 2, the court must not find the delinquent person guilty of contempt.

If the delinquent person does not perform the community service in a manner satisfactory to the court, the court may issue another order pursuant to paragraph (c) of subsection 2.] Assembly Amendment No.

311 to Assembly Bill No.

116 Page 27 4.

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 [(d),] (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.

(b) Except as otherwise provided in paragraph [(d),] (c), if the money is collected by or on behalf of a justice court,court , [or district court,] the money must be deposited in a special fund in the appropriate county treasury.

(c) If[Except theas moneyotherwise isprovided collectedin byparagraph a(d), collectionif agency, after the collectionmoney agencyis hascollected beenby paida itsstate feeentity, pursuant to the terms of the contract, any remaining money must be deposited in thean state,account, citywhich or county treasury, whichever is appropriate,hereby tocreated bein used only for the purposesState setTreasury. forth in paragraph (a) or (b).

Sec.The Court Administrator may use the money in the account only to develop and implement a program for the collection of civil penalties, administrative assessments and fees in this State and to hire additional personnel necessary for the success of such a program.

(d)] If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a) [,] or (b) .

[or (c).] Sec.

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 pur2.antThepursuant prosecutingto attorneysections shall24 maketo the36.7, electioninclusive, described in subsection 1 on or before the time scheduled for the first appearance of thethis defendantact. 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;

subsection3. 2, the court shall dismiss the underlying criminal of charge.

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

484A.400Assembly 1.Amendment No.

311 to Assembly Bill No.

116 Page 28 484A.400 1.

3.

A local authority shall not enact an ordinance:

No person convicted or adjudged guilty or guilty but mentally ill of , or found to have committed a civil infraction -pursuant 81stto Sessionsections (2021)24 –to 34[36,] –36.7, inclusive, of this act for, a violation of a traffic ordinance may be charged or tried in any other court intionin 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 [notice of] civil infraction citation pursuant to section 27 of this act for a violation of chapters 484A to 484E, inclusive, of NRS unless the equipment 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 appearanceAssembly atAmendment theNo. 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.

311 to Assembly Bill No.

116 Page 29 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) 81stA Sessionperson (2021)[who –has 35been –issued a traffic citation that is filed with the court or traffic violations bureau may, if allowed by theledthe 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 .

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) 81stThe Sessionoffense (2021)charged –[;] 36or –the civil infraction for which the citation was issued;

andedand [;] 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.

(c)Assembly ProvideAmendment noticeNo. to each person who uses the system to make a plea and statement of his or her defense or any mitigating the right to confront any witnesses.

his311 or her right to aAssembly trialBill andNo. [(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] :

116 Page 30 (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.

[(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 systemissystem or her established pursuant to subsection 1:

- 81st Session (2021) – 37 – [6.] 7.

peace484A.650 officer1. 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.

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

484A.680 1.

A copy of a traffic 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 trafficAssembly ordinanceAmendment ofNo. any city or town may be filed electronically with a court having jurisdiction over the alleged offense or with its traffic violations bureau if the court or traffic violations bureau, respectively:

311 to Assembly Bill No.

116 Page 31 traffic ordinance of any city or town may be filed electronically with a court having jurisdiction over the alleged offense or with its traffic violations bureau if the court or traffic violations bureau, respectively:

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

citation3. 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 record must be retained for at least 2 years after issuance of the citation.

appointeds7. 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.

It is unlawful and, unless otherwise declared in chapters 484A to 484E, inclusive, of NRS with respect to a particular offense, it is a [misdemeanor] civil infraction punishable pursuant to sections 24 to [36,] 36.7, inclusive, of this act for any person to do any act forbidden or fail to perform any act required in chapters 484A to 484E, inclusive, of NRS.

The court may order any person who,who , within a 1-year period, is twice convicted of violating , or found to have committed a civil infraction punishable pursuant to sections 24 to [36,] 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.

2.Assembly Amendment No.

311 to Assembly Bill No.

116 Page 32 2.

vehicle484B.127 more1. 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.

misdemeanor.son4. 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 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-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,] 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.

This subsection does not create a separate offense [,] or civil infraction,Assembly butAmendment providesNo. an additional penalty for the primary offense [,] or civil infraction, whose imposition is contingent upon the finding of the prescribed fact.

311 to Assembly Bill No.

116 Page 33 infraction, but provides an additional penalty for the primary offense [,] or civil infraction, whose imposition is contingent upon the finding of the prescribed fact.

- 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,] 36.7, inclusive, of this act, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.sed$250. 3.

3.

(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 :

(b) If the violation is a civil infraction punishable pursuant to sections 24 to [36,] 36.7, inclusive, of this act, be punished by a civil penalty in an amount equal toAssembly andAmendment inNo. addition to the civil penalty imposed that the court imposes for the primary infraction.

311 to Assembly Bill No.

116 Page 34 to and in addition to the civil penalty imposed that the court imposes for the primary infraction.

(a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imp(b)imprisonment Aor civil120 infractionhours punishable pursuant to sections 24 to 36.7, inclusive, of thiscommunity act,service. 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,] 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 safetyofsafety zone.

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

oredor 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.

4.Assembly Amendment No.

311 to Assembly Bill No.

116 Page 35 4.

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

45.

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

484B.157 1.

person2. who violates the provisions of subsection 1 [,] is guilty of a misdemeanor and the court shall:

(a)A For[violation aof firstthis offense,section orderis the [defendant] person to pay a finecivil ofinfraction notpunishable lesspursuant thanto $100sections or24 more than $500 or order the [defendant] person to perform36, notinclusive, less than 10 hours or more than 50 hours of communitythis service;act.

(b)If For a seconddefendant offense,pleads orderor] the [defendant] person to[is payfound aguilty fine of notviolating lessto thanhave $500committed ora moreviolation thanof] $1,000who orviolates order the [defendant]provisions personof tosubsection perform1 not[,] lessis thanguilty 50of hoursa ormisdemeanor moreand thanthe hourscourt ofshall: community service;

and(a) (c) For a thirdfirst or subsequent offense, suspend[violation,] order the driver’s[defendant] licenseperson to pay a fine [civil penalty] of not less than $100 or more than $500 or order the [defendant] person forto perform not less than 3010 dayshours or more than 18050 days.hours of community service;

(b) For a second offense, [violation,] order the [defendant] person to pay a fine [civil penalty] 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 (c) For a third or subsequent offense, [violation,] 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, [imposing a civil penalty pursuant to subsection 2,] the court shall provide the [defendant] person who committed the [violation] 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.

If, within 60 days after sentencing, [a defendant]defendant the person is found to have committed the violation,] the person provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall:

-(a) 81stIf Sessionthe (2021)[defendant] –person 45was –sentenced [punished] pursuant to paragraph (a) of subsection 2, waive the fine [civil penalty] or community service previously imposed;

or (b) If the [defendant] person was sentenced [punished] pursuant to paragraph (b) of subsection 2, reduce by one-half the fine [civil penalty] or community service previously imposed.

 A [defendant] person is only eligible for a reduction of a fine [civil penalty] or community service pursuant to paragraph (b) if the [defendant] person has not had a fine or community service waived pursuant to paragraph (a).

4.Assembly Amendment No.

311 to Assembly Bill No.

116 Page 36 4.

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.

(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 medicalfmedical such condition.

-(a) 81stBooster Sessionseats (2021)and –belt-positioning 46seats –that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

(b)(a) UnderEighteen 18 years of age andor theolder; motor vehicle is:

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

A civil infraction citation [notice of civil infraction] must be issued pursuant to section 27 of this act to a driver who permits a person to ride upon or within a vehicle in violation of subsection 1.

5.Assembly Amendment No.

311 to Assembly Bill No.

116 Page 37 5.

(2)(1) NegligentNegligence or recklesscausation drivingin fora thecivil purposesaction; of NRS 484B.653.

or (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 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 affixedvoice-operated toglobal thepositioning vehicle.ositioning or navigation system that is 4.affixed to the vehicle.

A4. person who violates any provision of subsection 1 is guilty of a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act and:

A person who violates any provision of subsection 1 is guilty of a [misdemeanor] civil infraction punishable pursuant to sections 24 to [36,] 36.7, inclusive, of this act and:

(b)Assembly ForAmendment theNo. second [offense] violation within the immediately preceding 7 years, shall pay a [fine] civil penalty of $100.

311 to Assembly Bill No.

116 Page 38 (b) For the second [offense] violation within the immediately preceding 7 years, shall pay a [fine] civil penalty of $100.

(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.

The term does not include a device used for two-two-way way radio communications if:

- 81st Session (2021) – 49 – Sec.