AB 369 — Revises provisions governing the administration of justice. (BDR 14-67)

EXEMPT (Reprinted with amendments adopted on April 21, 2023) FIRST REPRINT A.B.

revising provisions relating to community service performed in lieu of certain fines, administrative assessments or fees;

(1) waive - *AB369**AB369_R1* – 2 – is less than 400200 percent of the very low income limit for a family of equal size to the defendant;

(NRS 176.085) Section 9 of this bill instead authorizes the court to direct a defendant to pay a finefine, or administrative assessment or fee in installments.

If the court directs a defendant to pay a finefine, or administrative assessment or fee in installments, section 9 provides that the defendant.each installment must not exceed 2 percent of the annual income of the Existing law authorizes a court to order a convicted person or a person who commits a minor traffic offense to perform supervised community service in lieu of all or part of certain fines, administrative assessments or fees.

(NRSExisting 176.087,law 484A.7045)additionally Sectionsrequires 10a andcourt 12to ofprovide thisa billcredit defineof “community$10 service”or for the purposeamount of anythe suchstate orderminimum towage includeif publichealth service,insurance workis onnot publicoffered, projects,whichever supervisedis workgreater, for theeach benefithour of the community andservice. participation in certain programs and counseling.

(NRS 176.087, 484A.7045) Sections 10 and 12 alsoof this bill define “community service” for the purpose of any such order to include public service, work on public projects, supervised work for the benefit of the community prohibit a court from ordering a person who commits an offense punishable as a misdemeanor or a person who commits a minor traffic offense to perform more than 100 hours of community service.

Sections 10 and 12 also revise certain requirements relating to aya supervising authority.

ExistingSections law10 establishesand various12 crimesadditionally againstremove publicthe justice.ability of a court to require a convicted person to deposit a reasonable sum of money to pay for the cost of certain insurance relating to community service.

Sections 10 and 12 also increase the credit that a court provides for community service from $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, to not less than $20.

Sections 10 and fine, administrative assessment or fee.t is to be counted toward the payment of any Existing law establishes various crimes against public justice.

Under existing felony,law, ifa physicalperson forcewho orviolates thethis immediateprohibition threat of physical force is used;guilty of:

and(1) (2) a category B or C gross misdemeanor, if no physical force or immediate threat of physical force is (2) a used.

- *AB369**AB369_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *AB369**AB369_R1* – 4 – (a) Waive any fee assessed against the defendant if the household income limit of the defendant is less than 400200 percent of the very low income limit for a family of equal size to the defendant based on the guidelines prescribed by the HOME Investment Partnerships Act;

(a) Below the very low income limit for a family of equal size to the defendant based on the guidelines prescribed by the HOME Investment Partnerships Act, the court shall waive any fine or administrative assessment imposed against the defendant.defendant and reduce any fine to the lowest fine allowed by law or $10, whichever is greater.

(b) Greater than 100 percent but not more than 200125 percent of the very low income limit for a family of equal size to the defendant based on the guidelines prescribed by the HOME Investment Partnerships Act, the court shall reduce by 75 percent the amount of any fine or administrative assessment imposed against the defendant.

(c) Greater than 200125 percent but not more than 300150 percent of the very low income limit for a family of equal size to the defendant based on the guidelines prescribed by the HOME Investment Partnerships Act, the court shall reduce by 50 percent the amount of any fine or administrative assessment imposed against the defendant.

(d) Greater than 300150 percent but not more than 400200 percent of the very low income limit for a family of equal size to the defendant based on the guidelines prescribed by the HOME Investment Partnerships Act, the court shall reduce by 25 percent the amount of any fine or administrative assessment imposed against the defendant.

- *AB369_R1* – 5 – (b) Resides in public housing, as that term is defined in NRS 315.021;

[or] - *AB369* – 5 – (c) Has a household income that is less than [200]200 400 percent of the [federally designated level signifying poverty.] very low income limit for a family of equal size to the defendant based on the guidelines prescribed by the HOME Investment Partnerships Act;

[That] In addition to any other waiver or reduction to which a defendant may be entitled pursuant to section 5 of this act, the court may waive or reduce any fine or, [or] administrative assessment or fee imposed against a defendant pursuant to this chapter upon a determination that the finefine, or administrative assessment or fee is excessive in relation to the financial resources of the defendant .

[That the discharge of the] Upon a determination by the court that payment of a fine or, [or] administrative assessment or fee - *AB369_R1* – 6 – imposed against a defendant pursuant to this chapter is not within the - *AB369* – 6 – defendant’s present financial ability to pay, the [judge or justice or his or her successor] court may direct [that] the defendant to pay the fine , [be paid] or administrative assessment or fee in installments.

If the court directs a defendant to pay a finefine, or administrative assessment or fee in installments, the amount of each installment must not exceed 2 percent of the annual income of the defendant.

The[The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

4.4.] The following conditions apply to any such community service imposed by the court:

The following conditions apply to any such community service imposed by the court:

The supervising authority [must be - *AB369_R1* – 7 – 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 - *AB369* – 7 – jurisdiction of the court or, if that placement is not possible, the authority] may be located [outside the jurisdiction of the court.] anywhere that is accessible to a convicted person in person or remotely.

[5.] 4.

For each hour of community service that is performed by a person pursuant to this section, the court must provide a credit of [$10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater,] not less than $20 toward the payment of any fine , administrative assessment or fee that was imposed against the person for the commission of the offense for which the person was ordered to perform community service.

For each hour of community service that is performed by a person pursuant to this section, the court must 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.

6.

A person shall not, directly or indirectly, address any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, including, without limitation, a tribal judge, with the intent to induce such a - *AB369_R1* – 8 – person contrary to his or her duty to do, make, omit or delay any act, - *AB369* – 8 – decision or determination, if the threat or intimidation communicates the intent, either immediately or in the future:

- *AB369**AB369_R1* – 9 – (a) In lieu of all or a part of any civil penalty or, [or] administrative assessment,assessment [, or both,both,] or fee that may be imposed for the commission of the civil infraction;

The[The court may require the person who committed the civil infraction to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

4.4.] The following conditions apply to any such community service imposed by the court:

The following conditions apply to any such community service imposed by the court:

- *AB369**AB369_R1* – 10 – (e) A person performing community service in lieu of the payment of a civil penalty , administrative assessment or fee must receive credit toward the civil penalty , administrative assessment or fee at a rate per hour of community service performed that is equal to at least $10[$10 or the state minimum wage for an employee who is not provided health benefits by his or her employer, whichever is greater.greater.] $20.

5.4.

(3)(4) SupervisedAny other work foror theactivity benefitrequired ofby the community;court, including, without limitation, participating in: