AB 440 — Revises provisions relating to law enforcement. (BDR 14-376)

However, such a person forfeits the office if, within 1 year after the date of taking office as sheriff, the person fails to earn certification by the Commission as a category I, II or III peace officer.

(NRS 248.005) Section 18.5 of this bill decreases the population threshold for such qualifications relating to employment, service, certification and training from 100,000 to 30,000, meaning that a candidate for the office of county - 81st Session (2021) – 3 – Lyon, Elko, Douglas and Nye Counties and Carson City) is required to meet theoe, additional employment, service, certification and training requirements on the date of filing the declaration of candidacy.

EXPLANATION – Matter in bolded italics is new;

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

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

Chapter 169 of NRS is hereby amended by adding thereto the provisions set forth as sections 33, 3.3 and 3.5 of this act.

3.3.

1.

“Prohibited offense” means:

(a) A violation of a temporary order for protection;

(b) A violation of NRS 200.575;

(c) A crime of violence;

(d) A violation of NRS 483.490;

or (e) A violation of NRS 483.560.

2.

As used in this section, “temporary order for protection” means an order for protection which may be issued by a court without affording the adverse party notice and an opportunity to be heard.

Sec.

169.045 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 169.049 to 169.205, inclusive, and sections 33, 3.3 and 3.5 of this act have the meanings ascribed to them in those sections.

Except as otherwise provided in subsection 2, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not required to be taken before a as magistrate, the person [shall,] must be given a misdemeanor citation unless the violation constitutes a repeat offense or a crimeprohibited ofoffense violence, in which case, the person may, in the discretion of the peace officer, either be given a misdemeanor citation [,] or be - 81st Session (2021) – 4 – taken without unnecessary delay before the proper magistrate.

(a)[or Thewhen personthe] does; not furnish satisfactory evidence of identity [or(b) The peace officer has reasonable [and probable] grounds to believe [the] that:

ordoes not furnish satisfactory evidence of identity (b) The peace officer has reasonable [and probable] grounds to believe [the] that:

Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested [may] must be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate by the peace officer [if:] - *AB440_R1* – 4 – unless the violation constitutes a repeat offense or a crimeprohibited ofoffense, violence, in which case,case the person arrested may be issued the misdemeanor citation or be immediately taken before a magistrate by the peace officer.

and [2.] (b) The peace officer has reasonable grounds to believe that [the] :

(b) The peace officer has reasonable grounds to believe that (1) The person arrested will keep a written promise to appear in court [.] ;

Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer [may] must prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada” or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration- number81st ofSession the(2021) person’s– vehicle,5 if– any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary.

The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation.

If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of - *AB440_R1* – 5 – the citation whether the person charged gave a written promise to appear.

The court shall receive input from the prosecuting attorney and the attorney for the defendant, if any, whether the defendant wouldwou2. benefit from and is eligible for assignment to the program.

2.beA defendant may be determined to be eligible by the court for assignment to a preprosecution diversion program if the defendant:

A defendant may be determined to be eligible by the court for assignment to a preprosecution diversion program if the defendant:

(1) A crime of violence;violence ;

or - 81st Session (2021) – 6 – (4) A minor traffic offense;

or (2) Ordered by a court to complete a preprosecution diversion program in this State.

complete a preprosecution 3.

(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service - *AB440_R1* – 6 – and failure to refrain from the use of alcohol or controlled substances.

(b) Take into account factors such as responsivity factors impacting a person’s ability to successfully complete any conditions of supervision, the severity of the current violation, the person’s previous criminal record, the number and severity of any previousprevious’s violations and the extent to which graduated sanctions were imposed for previous violations.

- 81st Session (2021) – 7 – 5.

The Division may not seek revocation of probation or parole for a technical violation of the conditions of probation or parole until all graduated sanctions have been exhausted.

-(5) *AB440_R1*Harassment –pursuant 7to –NRS (5)200.571 Harassmentor stalking or aggrava(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 200.57133.017 to 33.100, inclusive, a restraining order or stalkinginjunction 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 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.575;200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, 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, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

Sec.- 81st Session (2021) – 8 – 176A.630 NRS 1.

11.

NRS 176A.630 is hereby amended to read as follows:

176A.630 1.

If the court finds that the probationer committed a violation of a condition of probation by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence [as defined in NRS 200.408] that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, 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, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to - *AB440_R1* – 8 – NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the court may:

(b)pursuant Orderto theNRS probationer176A.660;ner to a term of residential confinement (c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.660;176A.780;

(c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;

If the Chief Parole and Probation Officer recommends that the- sentence81st ofSession a(2021) probationer– be9 modified– and the modified sentence be executed, the Chief Parole and Probation Officer shall provideprovidece notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division.

All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this paragraphpar2.rapIf isthe confidential.court finds that the probationer committed one or more technical violations of the conditions of probation, the court may:

2.

If the court finds that the probationer committed one or more technical violations of the conditions of probation, the court may:

or - *AB440_R1* – 9 – (d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation.

Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of the conditions of probation must be brought before the court notnotn of later than 15 calendar days after the date of arrest and detention.

(a)- Continue81st probationSession and(2021) modify– the10 terms– and conditions of probation;

ororue probation and modify the terms and conditions of (b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.

(a) “Absconding” means that a person is actively avoiding supervision by making his or her whereabouts unknown to the DivisionDiv(b) for“Technical aviolation” continuousmeans periodany alleged violation of 60the daysconditions orof more.probation that does not constitute absconding and is not the commission of a:

(b) “Technical violation” means any alleged violation of the conditions of probation that does not constitute absconding and is not the commission of a:

(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a - *AB440_R1* – 10 – temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection againstagainsttitle stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

Sec.- 81st Session (2021) – 11 – 179.245 1.RS 17Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

12.

NRS 179.245 is hereby amended to read as follows:

179.245 1.

Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actualactuals custody or discharge from probation, whichever occurs later;

or - *AB440_R1* – 11 – (g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longerlongere under a suspended sentence, whichever occurs later.

(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the - 81st Session (2021) – 12 – records to be sealed from all agencies of criminal justice which maintain such records;

(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;

andando (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

If the prosecuting attorney does not stipulate to the sealing of the records, a hearingh5.rinIf onthe court finds that, in the petitionperiod mustprescribed bein conducted.subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

5.

If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the - *AB440_R1* – 12 – court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

(a)- A81st crimeSession against(2021) a– child;13 – (b) A sexual offense;

(b)child; A sexual offense;

If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose recordsproceeding arein sealed,which the courtrecords maywere ordersealed.ed sealed all records of the civil proceeding8. in which the records were sealed.

8.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the - *AB440_R1* – 13 – commission of a crime of violence,violence , [pursuant to NRS 200.408,] if the crime of violence is an offense listed in this paragraph.

(8)- An81st offenseSession involving(2021) pornography– 14 – to NRS 200.710 to 200.730, inclusive.graphy and a minor pursuant to(9) NRSIncest 200.710pursuant to 200.730,NRS inclusive.201.180.

(9) Incest pursuant to NRS 201.180.

(17) An attempt to commit an offense listed in this paragraph.parSec.

Sec.

(a) A violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be(b) aA customercrime under the laws of this State, other than a prostitute;crime of violence;

(b) A crime under the laws of this State, other than a crime of violence;

- *AB440_R1* – 14 – 4.

- 81st Session (2021) – 15 – (a) The petitioner was convicted of a violation of an offense described in subsection 2;

(1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C.

ororking (2) Involuntary servitude as described in NRS 200.463 or 200.4631;

If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to vacating the judgment of the petitioner and sealing all documents, papers and exhibits related to the case after receiving notification pursuant to subsection 5 and the court makes the findings set forth in subsection 4, the court may vacate the judgment and seal all documents, papers and exhibits in accordance with subsection 7 without a hearing.

If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to the sealing of - *AB440_R1*81st –Session 15(2021) – the16 petitioner’s– record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitionerpetitionere the satisfies all requirements necessary for the judgment to be vacated.

“Sexual offense” means any of the following offenses:off(a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence,violence , [pursuant to NRS 200.408,] if thethe(g) crimeAbuse of violencea ischild anpursuant offenseto listedNRS in200.508, thisif section.the abuse involved sexual abuse or sexual exploitation.

(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

(m)- Sexual81st Session (2021) – 17 – NRS 201.450.l penetration of a dead human body pursuant to (n) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.450.201.540.

- *AB440_R1* – 16 – (n) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

(u) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection.prosecuted in:is paragraph includes, without limitation, an offense (1) A tribal court.

This paragraph includes, without limitation, an offense prosecuted in:

(1) A tribal court.

2.of subsection 1, the term does not include an offense involving (o) consensual sexual conduct if the victim was:

Except for the offenses described in paragraphs (n) and (o) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:

or (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

Secs.

15-17, 17.5 and 18.

(Deleted by amendment.) - 81st Session (2021) – 18 – Sec.

18.5.

NRS 248.005 is hereby amended to read as follows:

248.005 1.

No person is eligible to the office of sheriff unless the person:

(a) Will have attained the age of 21 years on the date he or she wou(b) Is a qualified elector;

and (c) On or after January 1, 2010, meets the requirements set forth in subsection 2 or 3, as applicable.

2.

If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is [100,000] 30,000 or more, the person must meet the following requirements at the time he or she files his or her declaration of candidacy for the office:

(a) He or she has a history of at least 5 consecutive years of employment or service:

(1) As a peace officer;

(2) As a law enforcement officer of an agency of the United States;

(3) As a law enforcement officer of another state or political subdivision thereof;

or (4) In any combination of the positions described in subparagraphs (1), (2) and (3);

and (b) He or she has:

(1) Been certified as a category I peace officer by the Commission;

(2) Been certified as a category I peace officer or its equivalent by the certifying authority of another state that, as certification as a category I peace officer in this State;

or (3) Successfully completed a federal law enforcement training program approved by the Commission.

3.

If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is less than [100,000,] 30,000, the person is not required to meet any requirements with respect to employment, service, certification or training at the time he or she files his or her declaration of candidacy for the office.

However, such a person forfeits his or her office if, within 1 year after the date on which the person takes office, the person fails to earn certification by the Commission as a category I peace officer, category II peace officer or category III peace officer.

4.

A person who has been convicted of a felony in this State or any other state is not qualified to be a candidate for or elected or - 81st Session (2021) – 19 – has been restored to his or her civil rights.

of whether the person 5.

As used in this section:

(a) “Category I peace officer” has the meaning ascribed to it in NRS 289.460.

(b) “Category II peace officer” has the meaning ascribed to it in NRS 289.470.

(c) “Category III peace officer” has the meaning ascribed to it in NRS 289.480.

(d) “Commission” means the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500.

(e) “Declaration of candidacy” has the meaning ascribed to it in NRS 293.0455.

(f) “Peace officer” has the meaning ascribed to it in NRS 289.010.

15.

Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 17 and 17.5 of this act.

Sec.

16.

(Deleted by amendment.) Sec.

17.

“Crime of violence” has the meaning ascribed to it in NRS 200.408.

- *AB440_R1* – 17 – Sec.

17.5.

“Repeat offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

Sec.

18.

NRS 484A.010 is hereby amended to read as follows:

484A.010 As used in chapters 484A to 484E, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 484A.015 to 484A.320, inclusive, and sections 17 and 17.5 of this act have the meanings ascribed to them in those sections.

Sec.

A court having jurisdiction over an offense for which a traffic citation [may] must be issued pursuant to NRS 484A.630 or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection 5, the court or traffic violations bureau may allow a person who has been issued a traffic citation that is filed with the court or traffic violations bureau to make a plea and state his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.

Any such plea and statement must be received by the court beforepursuant theto date on which the persontraffic citation.on is required to appear in court pursuant3. to the traffic citation.

3.If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives [his or her] any relevant constitutional right, including, without limitation, the - 81st Session (2021) – 20 – right to counsel, as applicable.ht to confront any witnesses [.] and the 4.

If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives [his or her] any relevant constitutional right, including, without limitation, the right to a trial, [and] the right to confront any witnesses [.] and the right to counsel, as applicable.

4.

- *AB440_R1* – 18 – (2) The name and address of the person;

(b) Provide notice to each person who uses the system to make a plea and statement of his or her defense or any mitigatingmitigatingo make a circumstances that the person waives [his or her] any relevant constitutional right, including, without limitation, the right to a trial,trial , [and] the right to confront any witnesses [.] and the right to counsel, as applicable.

The notice regarding waiver of relevant constitutional rights must specifically delineate the constitutional rights that the person is waiving in relation to an offense punishable as a misdemeanor, gross misdemeanor and felony, respectively.

(b) Reckless driving in violation of NRS 484B.653;

or (d) Driving, operating or being in actual physical control of a vehicle [or a vessel under power or sail] while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110 [,] or 484C.120,484C.120 , [or 488.410,] as applicable.

Sec.- 81st Session (2021) – 21 – 484A.630 NRS 1.

20.Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS [punishable as a misdemeanor] and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer [may] must prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the number of the person’s driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary.

NRSThe 484A.630peace officer may also request, and the person may provide, the electronic mail address and mobile telephone number of the person for the purpose of enabling the court in which the person is herebyrequired amendedto appear to readcommunicate aspeace follows:officer shall expressly inform the person that providing suche information is voluntary and, if the person provides such information, the person thereby gives his or her consent for the court to communicate with the person through such means.

484A.630 1.

Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS [punishable as a misdemeanor] and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer [may] must prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the number of the person’s driver’s license, - *AB440_R1* – 19 – if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary.

The peace officer may also request, and the person may provide, the electronic mail address and mobile telephone number of the person for the purpose of enabling the court in which the person is required to appear to communicate with the person.

If the peace officer requests such information, the peace officer shall expressly inform the person that providing such information is voluntary and, if the person provides such information, the person thereby gives his or her consent for the court to communicate with the person through such means.

The person charged with the violation may give his or her written promise to appear in court by signing or physically receiving at least one copy of the traffic citation prepared by the peace officer and thereupon the peace officer shall not take the person into physical custody for the violation.

- 81st Session (2021) – 22 – 5.

(a) The receipt shall be deemed personal service of the notice to appearapp(b) inA court;copy of the citation signed by the peace officer suffices as proof of service;

(b) A copy of the citation signed by the peace officer suffices as proof of service;

484A.660 Except[Except for felonies [andand those offenses set forth in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710,] ,When, when based upon the personal investigation of a peace officer at the scene of a traffic crash,crash , [may issue a traffic citation, as - *AB440_R1* – 20 – provided in NRS 484A.630, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the crash when, based upon personal investigation,] the peace officer has reasonable and probable grounds to believe that [the] a person has committed any offense pursuant to the provisions of chapters 482 to 486, inclusive, or 706 of NRS in connection with the crash [.] , the peace officer:officer must determine whether to issue, as applicable:

Must,A except as otherwise provided in subsections 2 and 3, issue a traffic citation as provided in NRSaccordance 484A.630with orthe astandards misdemeanor citation as provided in NRS 171.1773,484A.730; if the offense is punishable as a misdemeanor.

or 2.

MayA issuemisdemeanor a traffic citation as provided in NRSaccordance 484A.630,with if the offensestandards isprovided punishablein as:NRS 171.1771.

(a) A gross misdemeanor;

or (b) A misdemeanor that constitutes a repeat offense or a crime of violence.

3.

May issue a misdemeanor citation as provided in NRS 171.1773, if the offense is punishable as a misdemeanor that constitutes a repeat offense or a crime of violence.

[Any]Any Except when a peace officer issues a citation as required or permitted pursuant to NRS 484A.660 or 484A.730, any peace officer may, without a warrant, arrest a person ifhas thecommitted officerany hasof reasonablethe causefollowing foroffenses:lieving believing that the person(a) hasHomicide committedby anyvehicle; of the following offenses:

(a) Homicide by vehicle;

or - 81st Session (2021) – 23 – (i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person pursuant to NRS 483.490.

Whenever any person is arrested as authorized in this section, the person must be taken without unnecessary delay before the proper magistrate as specified in NRS 484A.750.484A.750 .

[, except that in the case of either of the offenses designated in paragraphs (f) and - *AB440_R1* – 21 – (g) of subsection 1, a peace officer has the same discretion as is provided in other cases in NRS 484A.730.] Sec.

484A.720 Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS,NRS , [not amounting to a gross misdemeanor or felony,] the person shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484A.750, in either[either ofof] the following cases:

or[or] 2.

InWhen any other event when the person isdoes issuednot afurnish trafficsatisfactory citationevidence by an authorized person and refuses to sign or take physical delivery of aidentity; copy of the traffic citation.

or 3.

In any other event when the person is issued a traffic citation [by an authorized person] and refuses to sign or take physical delivery of a copy of the traffic citation.

484A.730 [Whenever] 1.

ExceptWhenever as otherwise provided in subsection 2, whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not required to be taken before a magistrate, the person [may,] :must be given a traffic prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a traffic citation [,] or be taken without unnecessary delay before the proper magistrate.

(a)[The Must,person exceptmust as otherwise provided in paragraph (b), be giventaken abefore traffic citation if the offensemagistrate isin punishableany asof athe misdemeanor;following cases:

or (b) May, in the discretion of the peace officer, either be given a traffic citation [,] or be taken without unnecessary delay before the proper magistrate [.

The] , if the offense is punishable as:

(1) A felony or gross misdemeanor;

or (2) A misdemeanor that constitutes a repeat offense or a crime of violence.

2.

A person described in subsection 1 must be taken before the magistrate [in any of the following cases:

When]When when the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court or a notice to appear in court.court;] 2.

[;[When the person is charged with a violation of NRS 484D.580 relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

2.

When the person is charged with a violation of NRS 484D.580 relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

or - 81st Session (2021) – 24 – 4.

When the person is charged with a violation of NRS 484C.110 or 484C.120, unless the person is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking the person before the magistrate.] -As *AB440_R1*used –in 22thi(a) –“Prohibited Sec.offense” means:

(1) A violation of NRS 484B.653;

(2) A violation of NRS 484C.110;

(3) A violation of NRS 484C.120;

(4) A violation of NRS 484E.020;

(5) A violation of NRS 484E.030;

(6) A violation of NRS 484E.040;

or (7) A crime of violence, as defined in NRS 200.408.

(b) “Repeat offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

Sec.

(1)(2) A felonymisdemeanor that constitutes a repeat offense or grossa misdemeanor;prohibited offense.

or (2) A misdemeanor that constitutes a repeat offense or a crime of violence.

(a) “Crime“Prohibited ofoffense” violence”means: has the meaning ascribed to it in NRS 200.408.

(1) A crime of violence as defined in NRS 200.408.

(2) A violation of NRS 488.410.

- 81st Session (2021) – 25 – Sec.

or (2)crime Aof misdemeanorviolence.meanor that constitutes a repeat offense or a crime2. of violence.

2.

or - *AB440_R1* – 23 – [2.] (b) When the game warden has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

(a) “Crime of violence” has the meaning ascribed to it in NRS(b)NRS “Repeat200.408. offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

H(b) -“Repeat *AB440_R1*offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

Sec.

27.

1.

The amendatory provisions of sections 6, 21, 24, and 26 of this act do not apply to a peace officer employed by the Division of Parole and Probation of the Department of Public Safety until the earlier of:

(a) The date that the Director of the Department of Public Safety notifies the Director of the Legislative Counsel Bureau that the Division of Parole and Probation has sufficient resources to carry out the amendatory provisions of sections 6, 21, 24, 25 and 26 of this act;

or (b) July 1, 2023.

2.

As used in this section, “peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.630, inclusive.

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