SB 104 — Revises provisions relating to traffic offenses. (BDR 43-309)

ExistingFinally, lawsection authorizes2.2 aprovides peacethat officer to arrest a personbench without a warrant ifmay homicidenot bybe vehicle,issued certainfor offensesa involvingviolation drivingthat underis thetreated influenceas andteda certaincivil otherinfraction. traffic and related offenses.

the peace officer has reasonable cause for believing that the person has committedf homicide by vehicle, certain offenses involving driving under the influence and certain other traffic and related offenses.

actsExisting orlaw omissionsestablishes underthe certainjurisdiction circumstances.of justice courts.

(Chapter(NRS 414.370) of NRS) Section 2.72.67 of this bill providesauthorizes thatthe ajustice prosecutingcourt attorneyto whotransfer prosecutesoriginal ajurisdiction personof charged with a civil infraction or a violation of a traffic ordinance that is punishable by the imposition of a civil penalty is immune from liability to the samedistrict extentcourt asor ajuvenile prosecutingcourt attorneyif: who prosecutes a person charged with violating a criminal law of this State.

(1) the person charged with the civil infraction is a person under 18 years of age;

and (2) the district court or juvenile court, as applicable, approves the transfer.

Existing law provides certain persons with immunity from liability for certain acts or omissions under certain circumstances.

(Chapter 41 of NRS) Section 2.7 of this bill provides that a prosecuting attorney who prosecutes a person charged with a civil infraction or a violation of a traffic ordinance that is punishable by the prosecuting attorney who prosecutes a person charged with violating a criminal law of this State.

Section 2.8 of this bill authorizes a board of county commissioners to provide civilby penaltyordinance insteadthat a violation of a criminaltraffic sanction.dinanceordinance enacted by the board imposes a Sectioncivil 2.9penalty ofinstead this bill requires the Department of Publica Safety,criminal insanction. consultation with law enforcement agencies and courts of this State, to:

Section 2.9 of this bill requires the Department of Public Safety, in consultation with law enforcement agencies and courts of this State, to:

Section 2.95 of this bill requires- justice82nd courtsSession and(2023) municipal– courts,4 on– or before January 1, 2024, to adopt rules governing the practice and procedure for setting aside a default judgment ininpt an action relating to a civil infraction.

EXPLANATION – Matter in bolded italics is new;

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

- *SB104_R1* – 4 – (a) Has failed to comply with a subpoena or warrant relating to a proceeding to establish paternity or to establish or enforce an obligation for the support of a child;

[any of the following:] (1) The district attorney or other public agency pursuant to NRS 425.510 that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to that section [.] ;

[.] (2) A traffic commissioner, referee, hearing master, municipal judge, justice of the peace or district judge, as applicable [, that a delinquency for which the suspension was ordered pursuant to NRS 484A.7047 has been discharged.] ;

or (3)- A82nd judgeSession of(2023) the– juvenile5 court– that an unsatisfied civil judgment for which the suspension was ordered pursuant to NRSNRScivil 62B.420 has been satisfied;

A court having jurisdiction over an offense for which a traffic citation must be issued pursuant to NRS 484A.630 or that is punishable as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive, or its traffic violations bureau may establish a - *SB104_R1* – 5 – system by which, except as otherwise provided in subsection 6, the cou(a) A person who has been issued a traffic citation or a civil infraction citation that is filed with the court or traffic violations bureau mayto allow:perform certain actions approved by the court or traffic violations bureau, including, without limitation, to make a plea and state his or her defense or, if authorized, any mitigating circumstances, by mail, by electronic mail, over the Internet or by other electronic means.

(a)(b) A personpeace officer who has been issued a trafficcivil infraction citation orto a civilperson infractionor, citationif thatthe isprovisions filedof withNRS the484A.7049 courtapply, ora trafficpeace violationsofficer bureauwho halted a person, to perform certain actions approved by the court or traffic violations bureau, including, without limitation, to makesubmit a pleawritten andstatement stateunder oath by mail, by electronic mail, over the Internet or by other electronic means in lieu of his or her defensepersonal or,appearance ifat authorized,the anyhearing mitigatingheld circumstances,pursuant byto mail,NRS by484A.7041 electronicto mail,contest overthe determination that the Internetperson orwho byhas otherbeen electronicissued means.the civ2.

(b)inExcept Aas peaceotherwise officerprovided whoin issuedsubsection a6, civil infraction citation to a person or, if the provisions of NRS 484A.7049 apply, a peace officer who halted a person, to perform certain actions approved by the court or traffic violations bureau,bureau including,has withoutestablished limitation, to submit a writtensystem statement under oath by mail, by electronic mail, over the Internet or by other electronic means in lieu of his or her personal appearance at the hearing held pursuant to NRSsubsection 484A.70411, to contest the determinationcourt thator thetraffic personviolations whobureau hasmay beenallow: issued the civil infraction citation committed a civil infraction.

2.

Except as otherwise provided in subsection 6, if a court or traffic violations bureau has established a system pursuant to subsection 1, the court or traffic violations bureau may allow:

(b)- A82nd peaceSession officer(2023) described– in6 paragraph– (b) of subsection 1 to use the system to perform certain actions approved by the court ororto traffic violations bureau, including, without limitation, to submit a written statement under oath in lieu of making a personal appearance in court.

If a court or traffic violations bureau allows an eligible person to whom a traffic citation or civil infraction citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or, if authorized, 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 any relevant constitutional right, including, without limitation, the right to a trial, the right to confront any witnesseswit5.sseAny andsystem theestablished rightpursuant to counsel,subsection as1 applicable.must:

- *SB104_R1* – 6 – 5.

Any system established pursuant to subsection 1 must:

(5) The offense charged or the civil infraction for which the citation was issued;

andandharged or the civil infraction for which the (6) Any other information required by any rules adopted by the Nevada Supreme Court pursuant to subsection 7.

(2)- 82nd Session (2023) – 7 – (3) The civilfirst infractioninitial, forlast whichname theand citationpersonnel wasnumber issued;of theand peace officer.

and (3) The first initial, last name and personnel number of the peace officer.

(I) The person making the plea a copy of the plea and statement;

andandThe -person *SB104_R1*making –the 7plea –a copy of the plea and (II) The peace officer submitting the written statement a copy of the written statement.

The Nevada Supreme Court may adopt rules not inconsistent withwitSec. the laws of this State to carry out the provisions of this section.

Sec.

NRS 484A.630 is hereby amended to read asass follows:of this section.

follows:

Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer 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- number82nd ofSession the(2023) [person’s]– vehicle8 [,]– the person was driving when the citation was issued, if any, the number of thethes 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.

If the citation is prepared electronically, the peace officer shall sign the copy of the citationcit2. that is delivered to the person charged with the violation.

2.The time specified in the notice to appear must be at least 5.

The time specified in the notice to appear must be at least 5 days after the alleged violation.

- *SB104_R1* – 8 – 3.

5.copy of the traffic citation but physically receives a copy of the citation delivered by the peace officer:

If the person charged with the violation refuses to sign a copy of the traffic citation but physically receives a copy of the citation delivered by the peace officer:

Sec.- 82nd Session (2023) – 9 – follows:1.4.

1.4.NRS 484A.7035 is hereby amended to read as 484A.7035 1.

NRS 484A.7035 is hereby amended to read as follows:

484A.7035 1.

[, except as otherwise provided in paragraph (a) of subsection 2 of NRS 484A.7049:] (a) A statement that the citation represents a determination by a peace officer or prosecuting attorney that a civil infraction has been committed by the person named in the citation and that the determination will be final unless contested as provided in NRS 484A.703 to 484A.705, inclusive;

(c) The name, date of birth, residential address and mailing address, if different from the residential address, telephone number - *SB104_R1* – 9 – and electronic mail address of the person who is being issued the citation and an indication as to whether the person has agreed to receive communications relating to the civil infraction by text message;

(g) The personnel number or other unique agency identification number of the peace officer issuing the citation [and the address and phone number of the agency which employs the peace officer] or, if a prosecuting attorney is issuing the citation, the personnel number or other unique agency identification number of the peace officer who halted the person for the violation or the volunteer appointed pursuant to NRS 484B.470 who issued the citation [and the address and phone number of the agency which employs the peace officer or volunteer,] preprinted or printed legibly on the citation;

(i)- A82nd statementSession that,(2023) at– any10 hearing– to contest the determination set forth in the citation, the facts that constitute the infraction must be proved by a preponderance of the evidence and the person may subpoena witnesses, including, without limitation, the peace officer or duly authorized member or volunteer of a traffic enforcement agency who issued the citation or halted 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 therebythe givesperson histhrough orsuch hermeans.nt consent for the court to communicate with the3. person through such means.

3.

- *SB104_R1* – 10 – [3.] 4.

If a person charged with a civil infraction refuses to accept a civil infraction citation, the copy of the citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service.

- 82nd Session (2023) – 11 – 2.

If a person receiving a civil infraction citation does not contest the determination that the person has committed the civil infraction set forth in the citation, the person must respond to the citation by indicating that the person does not contest the determinationthe Internet or other electronic means:person, by mail or through (a) Full payment of the monetary penalty, the administrative assessment and submittingany [full]fees to the court specified in the citation, or its traffic violations bureau [, in person, by mail or through the Internet or other electronic means:means.] ;

(a) Full payment of the monetary penalty, the administrative assessment and any fees to the court specified in the citation, or its traffic violations bureau [, in person, by mail or through the Internet or other electronic means.] ;

Except as otherwise provided in [this] subsection [,] 5, not less than 30 days before the deadline for a person to respond to a civil infraction citation, the court must send to the address or - *SB104_R1* – 11 – electronic mail address of the person, as indicated on the civil infraction citation issued to the person [, a] :

If the person does not respond to the civil infraction citation in the manner specified by subsection 2 or 3 within 90 calendar days after- the82nd dateSession on(2023) which– the12 civil– infraction citation is issued [,] or filed with the court, whichever is later, the court must enter anan,] or order pursuant to NRS 484A.7043 finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments prescribed for the civil infraction.

A person who has been issued a civil infraction citation and who fails to appear at a hearing requested pursuant to subsection 3 may not appeal an order entered pursuant to this subsection.

In addition to any other penalty imposed, any person who is found by the court to have committed a civil infraction pursuant to subsection [5] 7 shall pay the witness fees, per diem allowances, travel expenses and other reimbursement in accordance with NRS 50.225.

1.7.

NRS 484A.7041 is hereby amended to read as follows:

484A.7041 1.

If, pursuant to subsection 3 of NRS 484A.704, a person receiving a civil infraction citation requests a hearing to contest the determination that the person has committed the civil infraction set forth in the citation, the hearing must be conducted in accordance with this section.

2.

[Except as otherwise provided in this subsection, before a civil infraction, the court shall require the person to post a bond equal to the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation.

In lieu of posting such a bond, the person may instead deposit cash with the court in the amount of the bond required pursuant to this subsection.

Any bond posted or cash deposited with the court pursuant to this subsection must be forfeited upon the court’s finding that the person committed the civil infraction.

Any person whom the court determines is unable to pay - 82nd Session (2023) – 13 – aid in accordance with NRS 12.015 must not be required to post ar legal bond or deposit cash with the court in accordance with this subsection.

3.] The person who requested the hearing may, at his or her expense, be represented by counsel, and a city attorney or district attorney, in his or her discretion and as applicable, may represent the plaintiff.

[4.] 3.

A hearing conducted pursuant to this section must be conducted by the court without a jury.

In lieu of the personal appearance at the hearing by the peace officer who issued the civil infraction citation, the court may consider the information contained in the civil infraction citation and any other written statement submitted under oath by the peace officer.

If the court has established a system pursuant to NRS 484A.615, the peace officer may, if authorized by the court, use the system to submit such a statement.

The person named in the civil infraction citation may who issued the citation, and has the right to present evidence ander examine witnesses present in court.

[5.] 4.

After consideration of the evidence and argument, the court shall determine whether a civil infraction was committed by the person named in the civil infraction citation.

The court must find by a preponderance of the evidence that the person named in the civil infraction citation committed a civil infraction.

If it has not been established by a preponderance of the evidence that the infraction was committed by the person named in the citation, the court must enter an order dismissing the civil infraction citation in the court’s records.

If it has been established by a preponderance of the evidence that the infraction was committed, the court must enter in the court’s records an order pursuant to NRS 484A.7043.

[6.] 5.

An appeal from the court’s determination or order may be taken in the same manner as any other civil appeal from a mun(a) The notice of appeal must be filed not later than 7 calendar days after the court enters in the court’s records an order pursuant to NRS 484A.7043;

(b) If the appellant is the person charged with the civil infraction, any bond required to be given by the appellant in order to secure a stay of execution of the order of the court during the pendency of the appeal must equal the amount of the monetary penalty and administrative assessments which the court has ordered - 82nd Session (2023) – 14 – forfeited if the order of the court is affirmed on appeal;

andbe (c) If a prosecuting attorney does not represent the plaintiff during the proceedings in the justice court or municipal court, the appellate court shall review the record and any arguments presented by the person charged with the civil infraction and render a decision.

Sec.

Except as otherwise provided in this section, a person who is found to have committed a civil infraction shall be punished by a civil penalty of not more than $500 per violation - *SB104_R1* – 12 – unless a greater civil penalty is authorized by specific statute.

or (b) If the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction [occurred.] citation waswasurer of filed.

The administrative assessments imposed pursuant to this subsection must be collected and distributed in the same manner as the administrative assessments imposed and collected pursuant to NRS 176.059, 176.0611, 176.0613 and 176.0623.

- 82nd Session (2023) – 15 – (b) Not within the defendant’s present financial ability to pay, the court may enter into a payment plan with the person.

(a) In addition to ordering a person who is found to have committed a civil infraction to pay a civil penalty and administrative assessments pursuant to this section, order the person to successfully complete a course of traffic safety approved by the Department of Motor Vehicles.

- *SB104_R1* – 13 – (c) Reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation if the court determines that any circumstances warrant such a reduction.

5.

Nothing in this section shall be construed to require a court having jurisdiction over a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive, to hold a hearing before reducing a moving violation for which a person was issued a civil infraction citation to a nonmoving violation.

If a civil penalty, administrative assessment or fee is imposed upon a person who is found to have committed a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive, whether or not the civil penalty, administrative assessment or fee is in addition to any other punishment, and the civil penalty, administrative assessment or fee or any part of it remains unpaid after the time established by the court for its payment, thethenpaid delinquent person is liable for a collection fee, to be imposed by the court at the time it finds that the civil penalty, administrative assessment or fee is delinquent, of:

The city or county that is responsible for collecting a delinquent civil penalty, administrative assessment or fee may, in addition to attempting to collect the delinquent amounts through any other lawful means, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amounts owed by - 82nd Session (2023) – 16 – a person who is found to have committed a civil infraction.

The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1 in accordance with the provisions of the contract.con3.actIf a court finds that a person committed a civil infraction, the civil penalty, administrative assessments and fees prescribed for the civil infraction may be enforced in the manner provided by law for the enforcement of a judgment for money rendered in a civil action except that the judgment and any lien for the judgment expires 10 years after the date the judgment was docketed and may not be renewed.

3.

If a court finds that a person committed a civil infraction, the civil penalty, administrative assessments and fees prescribed for the civil infraction may be enforced in the manner provided by law for the enforcement of a judgment for money rendered in a civil action except that the judgment and any lien for the judgment expires 10 years after the date the judgment was docketed and may not be renewed.

If the delinquent person does not possess a - *SB104_R1* – 14 – driver’s license, the court may prohibit him or her from applying for a driver’s license for a specified period.

At the time the court issues an order pursuant to this paragraph suspending the driver’s license of a delinquent person or delaying the ability of a delinquent person to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department a copy of the order.

(b)- Except82nd asSession otherwise(2023) provided– in17 paragraph– (c), if the money is collected by or on behalf of a justice court, the money must be deposited in a special fund in the appropriate county treasury.

Sec.follows:2.2.

2.2.NRS 484A.7049 is hereby amended to read as 484A.7049 1.

A prosecuting attorney may , at any time before a court having jurisdiction over the alleged offense enters a judgment of conviction against a defendant, elect to treat a violation of a provision of chapters 483 to 484E, inclusive, 486 or of NRS 484A.7049that is herebypunishable amendedas toa readmisdemeanor, other than a violation of NRS 484C.110 or 484C.120, as follows:a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.

484A.7049 1.

A prosecuting attorney may , at any time before a court having jurisdiction over the alleged offense enters a judgment of conviction against a defendant, elect to treat a - *SB104_R1* – 15 – violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor, other than a violation of NRS 484C.110 or 484C.120, as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.

(a) Preparing a civil infraction citation in accordance with subsection 1 of NRS 484A.7035 that contains all applicable information that is known to the prosecuting attorney, signing the citation and filing the citation with a court having jurisdiction over the(b) Filing notice of the allegedprosecuting offenseattorney’s orelection with itsthe trafficcourt violationshaving bureau;jurisdiction of the underlying criminal charge;

(b) Filing notice of the prosecuting attorney’s election with the court having jurisdiction of the underlying criminal charge;

Upon the filing of a notice pursuant to paragraph (b) of subsection 2, the court shall dismiss the underlying criminal charge.] district attorney or city attorney of any county or city, respectively, may authorize a traffic enforcement agency over whom the district attorney or city attorney, as applicable, has jurisdiction to elect to treat a violation of a provision of chapters 483 to 484E, inclusive, 486- 82nd Session (2023) – 18 – or 490 of NRS that is punishable as a misdemeanor, other than a violation of NRS 484C.110 or 484C.120, as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.

If so authorized, a traffic enforcement agency may authorize a peace officer employed by the agency to treat a violation of such provisions as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.

3.

A bench warrant may not be issued for a violation treated as a civil infraction pursuant to this section.

- *SB104_R1* – 16 – [(c)] (3) A violation of NRS 484C.430;

[(d)] (4) A violation of NRS 484C.130;

(b)- An82nd offenseSession that(2023) is– punishable19 as– a civil infraction, if the officer has reasonable cause for believing that the person has the committed an offense listed in paragraph (a).

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),] subparagraphs (1) to (5), inclusive, of paragraph (a) 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 theurt, 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.

2.67.

NRS 4.370 is hereby amended to read as follows:

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 the sum claimed, exclusive of interest, does not exceed $15,000.

(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 damage claimed does not exceed $15,000.

the real property, if the (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 - 82nd Session (2023) – 20 – of amount.gs posted in criminal matters may be forfeited regardless (e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.

(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 not exceed $15,000.sought to be enforced, exclusive of interest, does (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.

(l) In actions for a civil penalty 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 locate(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;

or (4) Where the adverse party against whom the order is sought is under 18 years of age.

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

A - 82nd Session (2023) – 21 – of an emergency or extended order for protection against high-riskance behavior:

(1) In a county whose population is 100,000 or more but 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;

(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;

or (4) Where the adverse party against whom the order is sought is under 18 years of age.

(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, where the adverse party against whom the order is sought is 18 years of age or older.

NRS.p) In small claims actions under the provisions of chapter 73 of (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 stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.

(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 where the adverse party against whom the order is sought is 18 years of age or older.

(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.

(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.

Upon approval of the district court or juvenile court, as applicable, the justice court may transfer original jurisdiction of a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive, to the district court or juvenile court, as applicable, if the person charged with the civil infraction is a person under 18 years of age.

- 82nd Session (2023) – 22 – 2.

The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

other criminal offenses except as otherwise provided by specifico statute.

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.

4.

Except as otherwise provided in subsections 5, 6 and 7, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

5.

A justice of the peace may conduct a pretrial release hearing for a person located outside of the township of the justice of the peace.

6.

In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

7.

Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

Sec.

Chapter 41 of NRS is hereby amended by adding theretotheA prosecuting attorney who prosecutes a newperson sectioncharged with a civil infraction or a violation of a traffic ordinance that is punishable by imposition of a civil penalty is immune from liability to readthe same extent as follows:a prosecuting attorney who prosecutes a person charged with violating a criminal law of this State.

A prosecuting attorney who prosecutes a person charged with a civil infraction or a violation of a traffic ordinance that is punishable by imposition of a civil penalty is immune from liability to the same extent as a prosecuting attorney who - *SB104_R1* – 17 – prosecutes a person charged with violating a criminal law of this State.

- 82nd Session (2023) – 23 – (c) University school for profoundly gifted pupils described in chapter 388C of NRS.

3.corporation or professional association which:person, professional (a) Is an independent contractor with the State pursuant to NRS 333.700;

“Immune contractor” means any natural person, professional corporation or professional association which:

(a) Is an independent contractor with the State pursuant to NRS 333.700;

The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and sectionsectionas 2.7 of this act, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive.

The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in - *SB104_R1* – 18 – the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 2.7 of this act, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.

In any action against the State of Nevada, the action must be brought in the name- of82nd theSession State(2023) of– Nevada24 on– relation of the particular department, commission, board or other agency of the State whose actions are the basis for the suit.

2.76.

NRS 62B.330 is hereby amended to read as follows:

62B.330 1.

Except as otherwise provided in this title, the or found within the county who is alleged or adjudicated to haveliving committed a delinquent act.

2.

For the purposes of this section, a child commits a delinquent act if the child:

(a) Violates a county or municipal ordinance other than those:

(1) Specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320;

(2) Concerning an offense related to tobacco;

or (3) Relating to the consumption or possession of alcohol or the possession of 1 ounce or less of marijuana that are punishable pursuant to paragraph (a) of subsection 1 of NRS 62E.173.

(b) Violates any rule or regulation having the force of law;

or (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

3.

[For] Except as otherwise provided in NRS 4.370, for the not to be a delinquent act, and the juvenile court does not haveemed jurisdiction over a person who is charged with committing such an act:

(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense, if the person was 16 years of age or older when the murder or attempted murder was committed.

- 82nd Session (2023) – 25 – victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties;

and (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

(c) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age;

or (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

(d) A violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.

(e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

Sec.

The violation of a specific ordinance regulating parking imposes a civil penalty in an amount not to exceed $155, instead of a c2.minA violation of a traffic ordinance enacted by the board of county commissioners pursuant to NRS 484A.400 imposes a civil penalty in an amount not to exceed $500, instead of a criminal sanction.

2.

A violation of a traffic ordinance enacted by the board of county commissioners pursuant to NRS 484A.400 imposes a civil penalty in an amount not to exceed $500, instead of a criminal sanction.

Study uniform civil infraction citations used in different states to determine best practices for developing and implementing a - 82nd Session (2023) – 26 – standardized, statewide uniform civil infraction citation in this State;State that may be issued through the electronic traffic citation system developed pursuant to NRS 484B.830;

- *SB104_R1* – 19 – Sec.

2.95.

On or before January 1, 2024, the justice courts and municipal courts in this State shall adopt rules governing the practice and procedure for setting aside a default judgment entered in an action initiated pursuant to NRS 484A.703 to 484A.705, inclusive.

2.95.

On or before January 1, 2024, the justice courts and municipal courts in this State shall adopt rules governing the practice and procedure for setting aside a default judgment entered in an action initiated pursuant to NRS 484A.703 to 484A.705, incSec.

or (b) A court order delaying the issuance of a driver’s license pursuant to paragraph (b) of subsection 3 of NRS 484A.7047,  as that section existed before the effective date of this act, the Department of Motor Vehicles shall immediately reinstate theact, the driver’s license of the person or the ability of the person to apply for the issuance of a driver’s license, as applicable, and shall notify the person, as soon as possible, of the reinstatement of his or her driver’s license or ability to apply for the issuance of a driver’s license, as applicable.

H~~~~~ 23 - *SB104_R1*82nd Session (2023)