AB 424 — Revises provisions relating to pretrial release. (BDR 14-374)

Finally, section 8 prohibits the use of standardized bail schedules.

Sections 1, 2 and 10, 11 and 12 of this bill make conforming changes.

Existing law authorizes certain governmental entities, other than a court, to admit a person to bail if the person has been arrested for a felony while released on parole or probation, after being released on a suspended sentence or while serving a term of residential confinement.

(NRS 178.484) Section 7 of this bill removes the determine the custody status of such persons at a pretrial release hearing pursuant to section 8.

Existing law mandates the imposition of specific amounts of bail for persons arrested for offenses involving domestic violence and violations of certain orders for protection.

(NRS 178.484) Section 7 removes the mandatory amounts of bail and instead requires courts to determine the custody status of persons arrested for such offenses at a pretrial release hearing pursuant to section 8.

Existing law authorizes a court to admit a person arrested for murder of the first degree to bail unless proof is evident and the presumption is great.

(NRS 178.484) regardless of the underlying offense.

Specifically, section 8 provides that a court may only impose bail or a condition of release, or both, on a person if the imposition is necessary to protect the community and to ensure the appearance of the person in court.

Existing law sets forth certain factors that courts are required to consider when determining whether to release persons without bail.

(NRS 178.4853) Existing law also sets forth certain factors that courts are required to consider when determining the amount of bail.

(NRS 178.498) In addition to the existing factors, section 8 requires courts to consider the federal poverty guidelines and any financial docSection 8 requires a pretrial custody determination to be made in the following order of priority:

(1) release without monetary bail with no additional conditions of release except the promise of good behavior and the promise to appear in court;

(2) release without monetary bail with conditions of release;

and (3) release with monetary bail.

- *AB424_R1* – 3 – Section 8 affords a person certain rights concerning his or her pretrial release hearing, including, the right to counsel, the right to review certain documents in the custody of the prosecuting attorney or the court, the right to present evidence and the right to cross-examine witnesses.

Additionally, section 8 provides that if a prosecuting attorney requests the release hearing, the prosecuting attorney must prove by clear and convincingetrial evidence that the imposition is necessary to protect the safety of the community and to ensure the appearance of the person in court.

Section 8 also requires the court to make certain findings related to the imposition of bail or a condition of release, as applicable.

Existing law authorizes a court to deem a person in contempt or increase the amount of monetary bail if the person fails to comply with a condition of release.

impose additional conditions of release if the person fails to comply with a condition of release.

Existing law requires money deposited as bail to be applied towards the payment of fines and costs assessed against the defendant.

(NRS 178.528) Section 11.5 of this bill prohibits money deposited as bail from being applied to such fines or costs if the bail was posted by a pretrial release organization.

Existing law prohibits a court from admitting a person to bail in an amount less laws relating to vehicles.

(NRS 484D.680, 706.756) Sections 13 and 14 of this billain remove the provisions tying the amount of bail to the amount of the fines, meaning that a court is required to determine the amount of bail, if applicable, at a pretrial release hearing pursuant to section 8.

Section 4 of this bill expresses the intent of the Legislature to discourage courts from imposing bail or a condition of release, or both, on a person in a manner that amount of bail or costs associated with the condition of release.nability to pay the THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.

NRS 171.178 is hereby amended to read as follows:

171.178 1.

Except as otherwise provided in [subsections] subsection 5, [and 6,] a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.

2.

A private person making an arrest without a warrant shall deliver the arrested person without unnecessary delay to a peace officer.

Except as otherwise provided in [subsections] subsection 5 [and 6] and NRS 171.1772, the peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.

- *AB424_R1* – 4 – 3.

If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:

(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay;

and (b) May release the arrested person if the magistrate determines that the person was not brought before a magistrate without unnecessary delay.

4.

When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith.

5.

[Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, the defendant must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.

6.] A peace officer may immediately release from custody without any further proceedings any person the peace officer arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested.

Any record of the arrest of a person released pursuant to this subsection must also include a record of the release.

A person so released shall be deemed not to have been arrested but only detained.

Sec.

2.

NRS 171.1845 is hereby amended to read as follows:

171.1845 1.

If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant for the person’s arrest outstanding in another county of this State, the magistrate may release the person in accordance with the provisions of NRS [178.484 or] 178.4851 if:

(a) The warrant arises out of a public offense which constitutes a misdemeanor;

and (b) The person provides a suitable address where the magistrate who issued the warrant in the other county can notify the person of a time and place to appear.

2.

If a person is released under the provisions of this section, the magistrate who releases the person shall transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with the person’s address, to the magistrate who issued the warrant.

Upon receipt of the cash, bonds, notes or agreement and address, the magistrate who issued the warrant shall notify the person of a time and place to appear.

3.

Any bail set under the provisions of this section must be in addition to and apart from any bail set for any public offense with which a person is charged in the county in which a magistrate is setting bail.

In setting bail under the provisions of this section, a - *AB424_R1* – 5 – magistrate shall set the bail in an amount which is sufficient to induce a reasonable person to travel to the county in which the warrant for the arrest is outstanding.

4.

A person who fails to appear in the other county as ordered is guilty of failing to appear and shall be punished as provided in NRS 199.335.

A sentence of imprisonment imposed for failing to appear in violation of this section must be imposed consecutively to a sentence of imprisonment for the offense out of which the warrant arises.

Sec.

3.

4.5.3.

Chapter 178 of NRS is hereby amendmentamended by adding thereto athe newprovisions sectionset toforth read as follows:sections 5.5 and 5.7 of this act.

TheSec. Legislature hereby finds and declares that:

5.5.

A court of competent jurisdiction may adopt an administrative order relating to the circumstances under which a person may be released from custody without a pretrial release hearing, including, without limitation, those circumstances under which a sheriff or chief of police may release, without bail, a person charged with a misdemeanor.

- 81st Session (2021) – 2 – Sec.

5.7.

BailExcept mustas onlyotherwise beprovided imposedin onthis personssection, inNRS 178.484 and section 5.5 of this act, a mannercourt thatshall, iswithin consistent48 withhours theafter Uniteda Statesperson Constitutionhas andbeen totaken theinto extentcustody, permittedhold a pretrial release hearing, in open court or by themeans Nevadaof Constitution.remote pretrial release hearing may be continued for good cause shown.he 2.

2.As used in this section, “remote communication” means communication through telephone or videoconferencing.

A central tenet in our criminal justice system is that persons are innocent until proven guilty and, therefore, the detention of persons who have not been convicted is generally disfavored.

3.

If the imposition of bail or a condition of release, or both, on a person is necessary, courts are encouraged to make the imposition in a manner that ensures that the person will not remain detained because of his or her inability to pay the amount of bail or any costs associated with the condition of release.

5.

(Deleted by amendment.) Sec.

178.483 As used in NRS 178.483 to 178.548, inclusive, and sectionsections 45.5 and 5.7 of this actact, unless the context otherwise requires, “electronic transmission,” “electronically transmit” or “electronically transmitted” means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:

Sec.Secs.

7.7-11, 11.5 and 12-14.

NRS(Deleted 178.484by isamendment.) herebySec. amended to read as follows:

178.48414.5. 1.

[ExceptNRS as4.370 otherwiseis providedhereby inamended thisto section,read aas personfollows: arrested for an offense other than murder of the first degree must be admitted to bail.

4.370 1.

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

(a) In actions arising on contract for the recovery of money only, if (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.

(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum.

Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

- 81st Session (2021) – 3 – the value of the property does not exceed $15,000.sonal property, if (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.

(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.

(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.

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

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

for storage, where the amount of the lien sought to be enforced,lities exclusive of interest, does not exceed $15,000.

(l) In actions for a fine imposed for a violation of NRS 484D.680.

(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020.

A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

(1) In a county whose population is 100,000 or more and less than 700,000;

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

or (3) If a district court issues a written order to the justice court issuance of the order for protection be conducted before the district court.

(n) Except as otherwise provided in this paragraph, in any action for the issuance of an ex parte or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580.

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

- 81st Session (2021) – 4 – than 700,000;

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

or (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

(o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

(p) In small claims actions under the provisions of chapter 73 of NRS.

(q) In actions to contest the validity of liens on mobile homes or manufactured homes.

(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of (s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.

(t) In actions transferred from the district court pursuant to NRS 3.221.

(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

(v) In any action seeking an order pursuant to NRS 441A.195.

AThe personjurisdiction arrestedconferred forby athis felonysection whodoes hasnot beenextend releasedto oncivil probationactions, orother parolethan for aforcible differententry offenseor mustdetainer, notin bewhich admittedthe totitle bailof unless:real property or mining claims or questions affecting the boundaries of land are involved.

- *AB424_R1* – 6 – (a) A court issues an order directing that the person be admitted to bail;

(b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail;

or (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

AJustice personcourts arrestedhave forjurisdiction a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residentialall confinementmisdemeanors pursuantand tono NRSother 4.3762criminal oroffenses 5.076except foras aotherwise differentprovided offenseby mustspecific notstatute. be admitted to bail unless:

(a)Upon Aapproval of the district court, a justice court issuesmay for the purpose of assigning an orderoffender directingto thata program establishedourt pursuant to NRS 176A.250 or, if the personjustice becourt admittedhas not established a program pursuant to bail;NRS 176A.280, to a program established pursuant to that section.

or (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

AExcept personas arrestedotherwise forprovided murderin ofsubsections the5 first, degree[and] may6 be[,] admittedand to7 bailin unlesscriminal thecases proof is evident or the presumptionjurisdiction greatof byjustices any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidencepeace andextends to the naturelimits and circumstances of thetheir offense.respective counties.

5.]- A81st personSession arrested(2021) for– a5 violation– of5. NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be [admitted to bail or released on the person’s own recognizance] brought before a court for a pretrial release hearing pursuant to NRS 178.4851 unless the person has a concentration of alcohol of less than 0.04 in his or her breath.

A testjustice of the person’speace breathmay pursuantconduct toa thispretrial subsectionrelease tohearing determinefor thea concentrationperson oflocated alcoholoutside inof histhe ortownship herof breaththe asjustice a condition of admission to bail or release is not admissible as evidence against the person.peace.

[6.] 2.

A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be [admitted to bail or released on the person’s own recognizance] brought before a court for a pretrial release hearing pursuant to NRS 178.4851 sooner than 12 hours after arrest.

[7.] 3.

A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be [admitted to bail] - *AB424_R1* – 7 – brought before a court for a pretrial release hearing pursuant to NRS 178.4851 sooner than 12 hours after arrest.

[If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

or (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

or (c) Fifteen thousand dollars, if the person has:

(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

or (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

 The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail.

For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

8.] 4.

A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or - *AB424_R1* – 8 – proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be [admitted to bail] brought before a court for a pretrial release hearing pursuant to NRS 178.4851 sooner than 12 hours after arrest if:

(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

(b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested;

or (c) At the time of the violation or within 2 hours after the violation, the person has:

(1) A concentration of alcohol of 0.08 or more in the person’s blood or breath;

or (2) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

[9.

If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

or - *AB424_R1* – 9 – (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

 The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail.

For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

10.

The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

11.

Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

(a) Requiring the person to remain in this State or a certain county within this State;

(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person’s behalf;

(c) Prohibiting the person from entering a certain geographic area;

or - *AB424_R1* – 10 – (d) Prohibiting the person from engaging in specific conduct that may be harmful to the person’s own health, safety or welfare, or the health, safety or welfare of another person.

 In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

12.

If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS 22.010;

or (b) Increase the amount of bail pursuant to NRS 178.499.

13.

An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if the officer has probable cause to believe that the person has violated a condition of bail.

14.

Before a person may be admitted to bail, the person must sign a document stating that:

(a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

(b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;

and (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

 The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

15.

If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

16.] 5.

For the purposes of [subsections 8 and 9,] subsection 4, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

[17.

As used in this section, “strangulation” has the meaning ascribed to it in NRS 200.481.] Sec.

8.

NRS 178.4851 is hereby amended to read as follows:

178.4851 1.

[Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that the person will appear at all times and places - *AB424_R1* – 11 – ordered by the court.] Unless a person is released pursuant to subsection 9, and except as otherwise provided in NRS 178.484, a court shall, within 24 hours after a person has been taken into custody, hold a pretrial release hearing, in open court or telephonically, to determine the custody status of the person.

2.

[In releasing a person without bail, the court may impose such conditions] Before the pretrial release hearing:

(a) The person must be appointed an attorney, free of charge, to represent the person at the pretrial release hearing;

and (b) The person and his or her attorney must be granted access to all arrest, charging and other relevant documents that are accessible to the prosecuting attorney and the court.

3.

At the pretrial release hearing:

(a) The person has the right to:

(1) Present evidence;

and (2) Cross-examine witnesses who testify for the State;

and (b) If a prosecuting attorney requests that the court impose bail or a condition of release, or both, on a person, the prosecuting attorney must prove by clear and convincing evidence that the request is the least restrictive means necessary to protect the safety of the community and ensure that the person will appear at all times and places ordered by the court.

4.

If a person has been arrested for an offense other than murder of the first degree, the court shall consider the release of the person in the following order of priority:

(a) Release without monetary bail, with no additional conditions of release other than the promise of good behavior and the promise to appear in court, as required.

(b) Release without monetary bail with additional conditions of release.

(c) Release with monetary bail.

5.

A court shall only impose bail or a condition of release, or both, on a person as it deems necessary to protect the [health,] safety [and welfare] of the community and to ensure that the person will appear at all times and places ordered by the court, having regard to:

(a) The factors set forth in NRS 178.4853 and 178.498, as applicable;

(b) The federal poverty guidelines published by the United States Department of Health and Human Services;

and (c) Any document submitted by the person attesting to his or her financial circumstances.

AIn courtthe may,case afterof conductingany anarrest individualizedmade hearing,by imposea anymember reasonableof conditionthe ofNevada release,to including,the withoutlimits -of *AB424_R1*their –respective 12counties –and limitationto [,the anylimits conditionof setallds forthcounties inwhich subsectionhave 11common ofboundaries NRSwith 178.484.their respective counties.

3.][6.] :7.

(a)Each Requiringjustice thecourt personhas tojurisdiction remainof inany thisviolation Stateof or a certainregulation countygoverning vehicular traffic on an airport within thisthe State;township in which the court is established.

(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person’s behalf;

(c) Prohibiting the person from entering a certain geographic area;

(d) Prohibiting the person from engaging in specific conduct that may be harmful to the person’s own safety or the safety of another person;

or (e) If the person was arrested for an offense punishable as a felony, requiring the person to surrender to the court any passport he or she possesses.

7.

If a court imposes bail or any condition of release, or both, other than release on recognizance with no other conditions of release, the court shall make findings of fact for such a determination and state its reasoning on the record, and if the determination includes the imposition of a condition of release, the findings of fact must include why the condition of release constitutes the least restrictive means necessary to protect the safety of the community and ensure the person will appear at the times and places ordered by the court.

8.

Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

[4.

Before a person may be released without bail, the] 9.

The person must [file with the clerk of the court of competent jurisdiction a signed] sign a document stating that:

(a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

(b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;

(c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings;

and (d) The person understands that any court of competent jurisdiction may revoke the order of release without bail and may order the person into custody or require the person to furnish bail or otherwise ensure the protection of the [health,] safety [and welfare] of the community or the person’s appearance [.

- *AB424_R1* – 13 – 5.] , if applicable.

10.

The document signed pursuant to subsection 9 must be filed with the clerk of the court:

(a) Before the person is released, if the person is released without bail;

or (b) As soon as practicable, but in no event later than the next business day, if bail is imposed by the court.

11.

If a person fails to comply with a condition of release imposed pursuant to this section, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS 22.010;

or (b) Impose additional conditions of release, as applicable.

12.

If a person fails to appear as ordered by the court and a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.

[6.] 13.

An order issued pursuant to this section that imposes a condition on a person [who is released without bail] must include a provision ordering a law enforcement officer to arrest the person if the law enforcement officer has probable cause to believe that the person has violated a condition of release.

14.

Nothing in this section shall be construed to authorize a person to be admitted to bail pursuant to a bail schedule.

9.

NRS 178.4853 is hereby amended to read as follows:

178.4853 In [deciding whether there is good cause to release] reviewing the custody status of a person, [without bail,] the court at a minimum shall consider the following factors concerning the person:

1.

The length of residence in the community;

2.

The status and history of employment;

3.

Relationships with the person’s spouse and children, parents or other family members and with close friends;

4.

Reputation, character and mental condition;

5.

Prior criminal record, including, without limitation, any record of appearing or failing to appear after release on bail or without bail;

6.

The identity of responsible members of the community who would vouch for the reliability of the person;

7.

The nature of the offense with which the person is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of not appearing;

- *AB424_R1* – 14 – 8.

The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person’s release;

9.

The likelihood of more criminal activity by the person after release;

and 10.

Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.

Sec.

10.

NRS 178.498 is hereby amended to read as follows:

178.498 If the [defendant is admitted to bail, the bail must be set at an amount which in the judgment of the magistrate will reasonably] court determines that the imposition of conditions of release alone would not ensure the appearance of the [defendant] person at the times and places ordered by the court and protect the safety of [other persons and of] the community, [having regard to:] the court shall consider the following factors in determining the amount of bail to impose on the person:

1.

The nature and circumstances of the offense charged;

2.

The financial ability of the [defendant] person to give bail;

3.

The character of the defendant;

and 4.

The factors listed in NRS 178.4853.

Sec.

11.

NRS 178.502 is hereby amended to read as follows:

178.502 1.

A person required or permitted to give bail shall execute a bond for the person’s appearance.

The magistrate or court or judge or justice, having regard to the considerations set forth in subsection 5 of NRS [178.498,] 178.4851, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.

2.

Any bond or undertaking for bail must provide that the bond or undertaking:

(a) Extends to any action or proceeding in a justice court, municipal court or district court arising from the charge on which bail was first given in any of these courts;

and (b) Remains in effect until exonerated by the court.

 This subsection does not require that any bond or undertaking extend to proceedings on appeal.

3.

If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.

4.

Except as otherwise provided in subsection 5, the court shall exonerate the bond or undertaking for bail if:

(a) The action or proceeding against a defendant who has been admitted to bail is dismissed;

or - *AB424_R1* – 15 – (b) No formal action or proceeding is instituted against a defendant who has been admitted to bail.

5.

The court may delay exoneration of the bond or undertaking for bail for a period not to exceed 30 days if, at the time the action or proceeding against a defendant who has been admitted to bail is dismissed, the defendant:

(a) Has been indicted or is charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given;

or (b) Requests to remain admitted to bail in anticipation of being later indicted or charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given.

 If the defendant has already been indicted or charged, or is later indicted or charged, with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the bail must be applied to the public offense for which the defendant has been indicted or charged or is later indicted or charged, and the bond or undertaking must be transferred to the clerk of the appropriate court.

Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail or electronically transmit notice of the transfer to the surety on the bond and the bail agent who executed the bond.

6.

Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

Sec.

11.5.

NRS 178.528 is hereby amended to read as follows:

178.528 [When] 1.

Except as otherwise provided in subsection 2, when money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the court, or the clerk under the direction of the court, shall apply the money in satisfaction thereof, and after satisfying the fine and costs shall refund the surplus, if any, to the person who deposited the bail, unless that person has directed, in writing, that any surplus be refunded to another.

2.

When money has been deposited by a pretrial release organization, any fines or costs attributable to the defendant may not be satisfied with funds deposited by the pretrial release organization and the full amount of the deposit must be refunded to the pretrial release organization.

3.

As used in this section, “pretrial release organization” means an entity:

(a) Recognized as exempt under section 501(c)(3) of the Internal Revenue Code;

and - *AB424_R1* – 16 – (b) Whose purpose includes, without limitation, posting bail for defendants who are indigent.

Sec.

12.

NRS 484A.760 is hereby amended to read as follows:

484A.760 Whenever any person is taken into custody by a peace officer for the purpose of taking him or her before a magistrate or court as authorized or required in chapters 484A to 484E, inclusive, of NRS upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710, and no magistrate is available at the time of arrest, [and there is no bail schedule established by the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court,] the person must be released from custody upon the issuance to the person of a misdemeanor citation or traffic citation and the person signing a promise to appear, as provided in NRS 171.1773 or 484A.630, respectively, or physically receiving a copy of the traffic citation, as provided in NRS 484A.630.

Sec.

13.

NRS 484D.680 is hereby amended to read as follows:

484D.680 1.

Except as otherwise provided in subsection 5, a person convicted of a violation of any limitation of weight imposed by NRS 484D.615 to 484D.675, inclusive, shall be punished by a fine as specified in the following table:

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

2 cents per pound of excess weight 5,001 to 7,500...................

4 cents per pound of excess weight 7,501 to 10,000.................

6 cents per pound of excess weight 10,001 and over................

8 cents per pound of excess weight 2.

If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.

3.

The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt and must not be reduced under any circumstances by the court.

4.

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

5.] A person convicted of a violation of a limitation of weight imposed by NRS 484D.615 to 484D.675, inclusive, shall be punished by a fine that is equal to twice the amount of the fine specified in subsection 1 if that violation occurred on or after - *AB424_R1* – 17 – February 1 but before May 1 on a highway designated by the Director of the Department of Transportation as restricted pursuant to NRS 408.214.

This subsection does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

Sec.

14.

NRS 706.756 is hereby amended to read as follows:

706.756 1.

Except as otherwise provided in subsection 2, any person who:

(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

(b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;

(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;

(d) Fails to obey any order, decision or regulation of the Authority or the Department;

(e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

(f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;

(g) Advertises as providing:

(1) The services of a fully regulated carrier;

or (2) Towing services,  without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof;

or - *AB424_R1* – 18 – (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,  is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

2.

Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

(a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000.

In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

(b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000.

In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

3.

Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

4.

If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

5.

The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

[6.

Any bail allowed must not be less than the appropriate fine provided for by this section.] Sec.

HSec. - *AB424_R1*

16.

This act becomes effective on July 1, 2022.

~~~~~ 21 - 81st Session (2021)