Nevada 2023 Regular Session Status: Enacted

SB 55 — Revises various provisions relating to courts. (BDR 1-432)

Last action — Approved by the Governor. Chapter 33.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 24, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

398 added · 440 removed

398 line(s) added, 440 removed.

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(Reprinted with amendments adopted on April 17, 2023) FIRST REPRINT S.B.
Senate Bill No.
55 S ENATE B ILLN O.
55–Committee on Judiciary CHAPTER..........
55–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Judiciary SUMMARY—Revises various provisions relating to courts.
(BDR 1-432) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides for the appointment of a deputy clerk for the justice court for the justice court.
who, under the supervision of the justice of the peace, performs clerical functionsrt for the justice court.
(1) take thetions constitutional oath of office;
(1) take the constitutional oath of office;
Section 4 official bond.
Section 4 also removes the requirement that such a clerk take an oath of office or give an official bond.
Finally, section 4 removes provisions limiting the liability of the county clerk for the acts of a clerk of the court.
Finally, section 4 removes provisions limiting the liability of the make conforming changes related to the change in title.ions 2, 7 and 9-12 of this bill With certain exceptions, existing law provides that, in criminal cases, the jurisdiction of a justice of the peace extends to the limit of the county line of the county of the justice of the peace.
Sections 2, 7 and 9-12 of this bill make conforming changes related to the change in title.
(NRS 4.370) Section 5 of this bill removes one such exception, which extends the jurisdiction of a justice of the peace in the case of an arrest made by a member of the Nevada Highway Patrol.
With certain exceptions, existing law provides that, in criminal cases, the jurisdiction of a justice of the peace extends to the limit of the county line of the county of the justice of the peace.
Existing law authorizes a justice court to transfer a criminal case to another justice court in this State in certain circumstances, if:
(NRS 4.370) Section 5 of this bill removes one of an arrest made by a member of the Nevada Highway Patrol.
(1) the case involves criminal conduct that occurred outside the county or township where the court is located, promote access to justice for the defendant;
of the peace in the case Existing law authorizes a justice court to transfer a criminal case to another justice court in this State in certain circumstances, if:
or (3) the defendant agrees toessary to participate in a program of treatment.
(1) the case involves criminal - *SB55_R1* – 2 – conduct that occurred outside the county or township where the court is located, and the defendant has appeared before a magistrate;
(NRS 4.3713) Section 6 of this bill removes the requirement that a defendant must have appeared before a magistrate in order to transfer a case that involves criminal conduct that occurred outside a county or township where the court is located.
(2) the transfer is necessary to promote access to justice for the defendant;
or (3) the defendant agrees to participate in a program of treatment.
(NRS 4.3713) Section 6 of this bill removes transfer a case that involves criminal conduct that occurred outside a county or to township where the court is located.
Existing law requires a court that ordered a convicted person to perform community service to provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, toward the payment of any fine that was imposed against the person for the service.
Existing law requires a court that ordered a convicted person to perform community service to provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, toward the payment of any fine that was imposed against the person for the commission of the offense for which the person was ordered to perform community service.
(NRS 176.087) Section 8 of this bill revises this requirement by requiring a court to provide a credit of not less than the state minimum wage toward the payment of a fine.
(NRS 176.087) Section 8 of this bill revises this requirement by requiring a - 82nd Session (2023) – 2 – payment of a fine.
Section 13 of this bill removes certain obsolete provisions of law relating to successors of a justice of the peace.
credit of not less than the state minimum wage toward the Section 13 of this bill removes certain obsolete provisions of law relating to successors of a justice of the peace.
(NRS 4.290, 4.300) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 4.290, 4.300) 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:
In a justice court where there is only one justice of the peace, the justice of the peace shall be deemed to be - *SB55_R1* – 3 – the clerk of the court unless the justice of the peace appoints another person as the clerk of the court.
In a justice court where there is only one justice of the peace, the justice of the peace shall be deemed to be the clerk of the court unless the justice of the peace appoints another person as the clerk of the court.
The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other officers of the township and county.
The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other personally liable, on his or her official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.] 3.
The county clerk is not personally liable, on his or her official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.] 3.
The [deputy] clerk of the court may, under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping - 82nd Session (2023) – 3 – of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.
The [deputy] clerk of the court may, under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.
Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk may, with the approval of the board of county commissioners and the justices of the peace, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.
Except as otherwise provided in subsection 5, where there county clerk may, with the approval of the board of countyhip, the commissioners and the justices of the peace, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.
(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.
(b) In actions for damages for injury to the person, or for taking, where no issue is raised by the verified answer of the defendantroperty involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.
- *SB55_R1* – 4 – (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.
(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.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
- 82nd Session (2023) – 4 – when the amount confessed, exclusive of interest, does not exceedt, $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exc(l) In actions for a civil penalty imposed for a violation of NRS 484D.680.
(l) In actions for a civil penalty imposed for a violation of NRS 484D.680.
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the - *SB55_R1* – 5 – issuance of the order for protection be conducted before the district court;
(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;(4) Where the adverse party against whom the order is sought is under 18 years of age.
or (4) Where the adverse party against whom the order is sought is under 18 years of age.
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(1) In a county whose population is 100,000 or more but less than 700,000;
- 82nd Session (2023) – 5 – 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;
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;
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(q) In actions to contest the validity of liens on mobile homes or man(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 stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(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 stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 4842.
- *SB55_R1* – 6 – 2.
Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established - 82nd Session (2023) – 6 – pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
Except as otherwise provided in subsections 5 [,] and 6 , [and 7,] in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
Except as otherwise provided in subsections 5 [,] and 6 , extends to the limits of their respective counties.ices of the peace 5.
5.
[and the defendant has appeared before a magistrate pursuant to NRS 171.178;] (b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning that issue in the record;
[and the defendant has appeared before a magistrate pursuant to NRS 171.178;] (b) Such a transfer is necessary to promote access to justice for the defendant and the justice court has noted its findings concerning tha(c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.230, 176A.250 or 176A.280, or to access other services located elsewhere in this State [.] ;
[or] (c) The defendant agrees to participate in a program of treatment, including, without limitation, a program of treatment made available pursuant to NRS 176A.230, 176A.250 or 176A.280, or to access other services located elsewhere in this State [.] ;
- *SB55_R1* – 7 – 2.
2.
If a justice court or municipal court refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
If a justice court or municipal court - 82nd Session (2023) – 7 – refuses to accept the transfer of a case pursuant to subsection 1, the case must be returned to the justice court which sought the transfer.
6.160 The clerk of the court in cases in the district court and [the deputy clerk of the] justice court [in cases in the justice court] shall keep a payroll, enrolling thereon the names of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial may:
6.160 The clerk of the court in cases in the district court and shall keep a payroll, enrolling thereon the names of all jurors, thert] number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial may:
Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised community service:
Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to per(a) In lieu of all or a part of any fine, administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor;
(a) In lieu of all or a part of any fine, administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor;
- *SB55_R1* – 8 – 3.
3.
4.
- 82nd Session (2023) – 8 – service imposed by the court:s apply to any such community (a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the person’s family.
The following conditions apply to any such community service imposed by the court:
(a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the person’s family.
The supervising authority must be located in or be the town or city of the convicted person’s residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
The supervising authority must be located in or be the town or city of the convicted person’s residence or, if that placement is not possible, one located within the jurisdiction of located outside the jurisdiction of the court.e, the authority may be (c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
Sec.
178.544 1.NRS 1Whenever a person is admitted to bail in a Justice Court and the bail is put in by a written undertaking, the [deputy] clerk of the Justice Court shall record:
9.
NRS 178.544 is hereby amended to read as follows:
178.544 1.
Whenever a person is admitted to bail in a Justice Court and the bail is put in by a written undertaking, the [deputy] clerk of the Justice Court shall record:
- *SB55_R1* – 9 – (b) The names of the sureties;
(b) The names of the sureties;
and (f) Such other information as is reasonably necessary to complete the record.
and - 82nd Session (2023) – 9 – (f) Such other information as is reasonably necessary to complete the record.
(a) The date of the exoneration or forfeiture;
The Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court or a deputy clerk of a district court who destroys a court record pursuant to this section may do so only if an image of the court record has been placed on microfilm or has been saved in an electronic recordkeeping system which permits the retrieval of the information contained in the court record and the reproduction of the court record.
The Clerk of the Supreme Court, a deputy clerk of the deputy clerk of a district court who destroys a court record pursuant to this section may do so only if an image of the court record has been placed on microfilm or has been saved in an electronic recordkeeping system which permits the retrieval of the information contained in the court record and the reproduction of the court record.
- *SB55_R1* – 10 – 4.
4.
A reproduction of an image of a court record that has been placed on microfilm or saved pursuant to this section shall be deemed to be the original court record, regardless of whether the original exists.
A reproduction of an image of a court record that has been placed on microfilm or saved pursuant to this section shall be - 82nd Session (2023) – 10 – deemed to be the original court record, regardless of whether the original exists.
and (b) As prescribed by the Supreme Court.
and 7.
7.
TEXT OF REPEALED SECTIONS 4.290 Successor defined.
~~~~~ 23 - 82nd Session (2023)
The justice elected to fill a vacancy is the successor of the justice whose office became vacant before the expiration of a full term.
When a full term expires, the same, or another person elected to take office in the same township, from that time is the successor.
4.300 Designation of succeeding justice of the peace.
When two or more justices are equally entitled, under NRS 4.290, to - *SB55_R1* – 11 – be deemed the successor in office of the justice, a judge of the district court must, by a certificate subscribed by the judge of the which justice is the successor of a justice going out of office, orte whose office has become vacant.
H - *SB55_R1*
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 33.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  5. Read second time.

  6. From committee: Do pass.

  7. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: 2.) To Assembly.

  9. Read second time. Amended. (Amend. No. 98.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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SB 55 is sponsored by Senate Committee on Judiciary.
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This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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