SB 369 — Revises provisions relating to criminal procedure. (BDR 14-375)

(a)- The81st arrestingSession officer(2021) determines– that5 such– a violation is accompanied by a direct or indirect threat of harm;

violation is (b) The person has previously violated a temporary or extended orderforprotectionofthetypeforwhichtheorderforprotectionofthetypeforwhichthepersonhasbeenarrested; personhasbeenarrested;

(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 33.100,33.100,ion 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, - *SB369_R1* – 6 – 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 extendedextendedssued order for protection against sexual assault pursuant to NRS 200.378;

or (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- to81st titleSession 11(2021) of– NRS,6 or– of violating a temporary or extended order for protection against stalking, aggravated stalking ororxtended 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.

For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended orderforprotectionagainstdomesticviolenceissuedpursuanttoNRS 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 protectionagainstdomesticviolenceissuedinanactionorproceeding 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.

- *SB369_R1* – 7 – (a) RequiringthepersonRequiringthepersontoremain toremain inthis Stateoracertaincounty within this State;

(b) Prohibiting the person from contacting or attempting to contactanother a specific person orto fromcontact causingthat orperson attemptingon tothe causeperson’s anotherbehalf;use person(c) toProhibiting contactthe that person onfrom theentering person’sa behalf;certain geographic area;

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

12.- 81st Session (2021) – 7 – pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

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:

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.

- *SB369_R1* – 8 – [17.]11.

Asusedinthissection,“strangulation”hasthemeaning ascribedascSec. to it in NRS 200.481.

Sec.3.o iNRS 178.4851 is hereby amended to read as follows:

3.

NRS 178.4851 is hereby amended to read as follows:

In releasing a person without bail, the court may impose such conditions] Except as otherwise provided in subsectionssubsection 3 and 4, the court shall only impose bail or aacondition condition of release, or both, on a person - 81st Session (2021) – 8 – as it deems to be the least restrictive means necessary to protect the [health,][health,]safety[andwelfare]ofthecommunity[and]ortoensurethat 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, any condition set forth in subsection 113. of NRS 178.484.] with regard to the factors set forth in NRS 178.4853 and 178.498.

NRUpon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuanttostandardsestablishedbyacourtofcompetentjurisdiction.

4.

Before a person may be released without bail, the] with regard to the factors set forth in NRS 178.4853 and 178.498.

Such conditions of release may include, 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;

(d) Prohibiting the person from possessing a firearm during the pendency of the case;

or (e) 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.

If the request includes the imposition of bail, the prosecuting attorney must prove by clear and convincing evidence that the imposition of bail is necessaryto protect the safety of the community and ensure that the person will appear at all times and places ordered by the court, with regard to the factors set forth in NRS 178.4853 and 178.498.

If a personcourt usedimposes 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 firearmdetermination inand state its reasoning on the commissionrecord, and, if the determination includes the imposition of a condition of release, the offensefindings forwhichthepersonwasarrested,thereisarebuttablepresumptionof thatfact must include why the condition of release constitutes the least restrictive means necessary to ensureprotect the safety of the community includesor to ensure the impositionperson ofwill bailappear orat athe conditiontimes ofand release,places orordered both.by the court.

A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the- exercise81st ofSession discretion,(2021) giving– due9 weight– to the evidencenature and tocircumstances of the natureoffense.t andto circumstancesthe ofevidence theand offense.to 5.

[3.]The 5.person must [file with the clerk of the court of competent jurisdiction a signed] sign a document before the person’s release stating that:

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 ] 6.

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

- *SB369_R1* – 9 – (b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;

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 the5.] community, orif theapplicable. person’s appearance [.

5.]person’s ,appearance if[. applicable.

6.

The document signed pursuant to subsection 5 must be filed with the clerk of the court of competent jurisdiction and becomes effective upon the signature of the person to be released.

The document signed pursuant to subsection 6 must be filed with the clerk of the court of competent jurisdiction:

(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.

8.

or (b) Increase the amount of bail pursuant to NRS 178.499, if applicable.applicable;

9.or (c) Revoke bail and remand the person into custody.

8.

[6.]condition 10.on a person [who is released without bail] must include aa 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.

An10. 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.

11.Nothinginthissectionshallbeconstruedtorequire acourt to receive the request of a prosecuting attorney before imposing a condition of release.

Nothinginthissectionshallbeconstruedtorequireacourt- to81st receiveSession the(2021) request– of10 a– prosecutingSec. attorney before imposing a condition of release.

Sec.

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:per1.

1.

- *SB369_R1* – 10 – 5.

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 reasonablyreasonablyet ensuretheappearanceofthedefendantandthesafetyofotherpersons and of the community, having regard to:] In deciding the amount of bail to impose on a person, the court shall consider:

2.- 81st Session (2021) – 11 – or undertaking:d or undertaking for bail must provide that the bond (a) Extends to any action or proceeding in a justice court, municipal court or district court arisingfromthe charge on which bail was first given in any of these courts;

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 arisingfromthe charge on which bail was first given in any of these courts;

- *SB369_R1* – 11 – 4.

or (b) No formal action or proceeding is instituted against a defendantdef5. who has been admitted to bail.

5.

 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 bondorundertakingmustbetransferredtotheclerkoftheappropriate court.

- 81st Session (2021) – 12 – 6.

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