AB 151 — Revises provisions relating to offenses. (BDR 14-776)

EXEMPT (Reprinted with amendments adopted on April 5, 2021) FIRST REPRINT A.B.

151 ASSEMBLYA SSEMBLY B ILLNILL O.NO .

151–A SSEMBLYMEN G ONZÁLEZ , T ORRES ;

ANDERSON , FLORESF LORES , BRITTNEY M ILLER, M ONROE - M ORENO , N GUYEN , WATTSSUMMERS AND-ARMSTRONG Y, EAGERW ATTS AND YEAGER FEBRUARY 18, 2021 ____________ JOINT SPONSORS :

SENATORSENATORS D ONATE AND, HHAMMOND AMMOND, ____________D. Referred to Committee on Judiciary SUMMARY—Revises provisions relating to offenses.

H ARRIS AND SPEARMAN ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to offenses.

Existing law authorizes a court to suspend the driver’s license of a defendant or theto courtprohibit determinesa that:defendant from applying for a driver’s license for a specified period, if administrative assessment, fee or restitution, but is willfully avoiding payment;

(1)ore, (2) the defendant haswas given the abilityopportunity to payperform acommunity delinquentservice fine,fto administrativesatisfy assessment,the feeamount ordue restitution,because butthe defendant is willfullyindigent avoidingand payment;the defendant has failed to perform such community service.

or(NRS (2)176.064) Section 1 of this bill removes the authority of the court to suspend the driver’s license of a defendant wasor givenprohibit a defendant from applying for a driver’s license for a specified period if the opportunityfor toa performminor communitytraffic serviceoffense.ive assessment, fee or restitution was originally imposed Existing law requires a court to satisfynotify the amountDepartment dueof becauseMotor theVehicles defendantif isa indigentdriver andviolates thea defendantwritten haspromise failedto appear pursuant to performa suchcitation communityfor service.a violation of a traffic law or ordinance, other than a traffic law or ordinance governing standing or - *AB151_R1* – 2 – parking.

(NRSUpon 176.064)receipt Section 1 of thissuch billnotification, removes the authorityDepartment ofmust notify the courtdriver tothat suspendhis theor driver’sher licenseprivilege ofto adrive defendantwill orbe delinquentsuspended fine,unless administrativea assessment,hearing feeis requested or restitutionthe wascitation originallyor imposedhecomplaint foris aotherwise minorresolved trafficwithin offense.30 days.

ExistingIf lawa requireshearing ais courtnot torequested notifyor the Departmentcitation or complaint is not otherwise resolved within 30 days, then Section 2 of Motorthis Vehiclesbill removes the requirement to notify the Department if athe driverviolation violatesof athe written promise to appear pursuant to a citation was for a violationminor traffic offense, thereby eliminating the possibility of asuspension trafficof lawthe ordriver’s ordinance,license otherof thana driver who was cited for a minor traffic lawoffense orand ordinancewho governingviolated standingthe orwritten parking.promise to appear.

UponSection receipt3 of suchthis notification,bill theprovides Departmentthat mustif, notifyin theconnection driverwith thea citation for a minor to a suspension of his or complainther driver’s license or a delay in the issuance of a driver’sct license imposed for failure to pay a delinquent fine, administrative assessment, fee or restitution or is otherwisesubject resolvedto withina 30suspension days.of his or her driver’s license for violation of a written promise to appear for the citation, then the Department of Motor Vehicles must:

If a hearing is notor requested or the citation or complaint is not otherwise resolved within 30 days, then - *AB151* – 2 – the Department must suspend the driver’s license of the driver.

(NRS 483.465) Section 2 of this bill removes the requirement to notify the Department if the violation of the written promise to appear pursuant to a citation was for a minor traffic offense, thereby eliminating the possibility of suspension of the driver’s written promise to appear.s cited for a minor traffic offense and who violated the Section 3 of this bill provides that if, in connection with a citation for a minor traffic offense, on October 1, 2021, the effective date of this bill, a person is subject to a suspension of his or her driver’s license or a delay in the issuance of a driver’s license imposed for failure to pay a delinquent fine, administrative assessment, fee or restitution or is subject to a suspension of his or her driver’s license for violation Vehicles must:

and (2) notify the person, as soon as possible, of the reinstatement of his or her driver’s license or ability to apply for the issuance of a driver’s license.

Section 3 also provides thatthator the Department must not charge any fee for the reinstatement of a driver’s license or require a person to undergo any physical or mental examination to be eligible for reinstatement of a driver’s license.

- *AB151_R1* – 3 – (a) Request that the court take appropriate action pursuant to subsection 3.

(b) If the defendant has been found guilty of the offense for which the fine, administrative assessment, fee or restitution was - *AB151* – 3 – imposed, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee.

At the time the court issues an order pursuant to this paragraph delaying the ability of a - *AB151_R1* – 4 – defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.

The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance - *AB151* – 4 – company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

(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 - *AB151_R1* – 5 – or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.

The - *AB151* – 5 – provisions of this subsection must not be construed to apply to any credit card processing fees that are assessed solely for the purpose of recouping any costs incurred to process a credit card payment.

A license so suspended remains suspended until - *AB151_R1* – 6 – further notice is received from the court that the driver has appeared or that the case has been otherwise disposed of as provided by law.

- *AB151* – 6 – (a) Suspension of his or her driver’s license pursuant to paragraph (b) of subsection 3 of NRS 176.064 or NRS 483.465;

or (b) A court order delaying the issuance of a driver’s license pursuant to paragraph (b) of subsection 3 of NRS 176.064, reinstate then the driver’sDepartment license of theMotor personVehicles orshall immediately reinstate the abilitydriver’s license of the person toor apply for the issuanceability of athe driver’s license, as applicable, and shall notify the person, as soon as possible, of the reinstatement of his or her driver’s license or ability to apply for the issuance of a driver’s license.

H - *AB151**AB151_R1*