AB 218 — Requests that the Nevada Supreme Court study and adopt rules governing procedures for notifying defendants and persons who are issued a civil infraction citation of certain information. (BDR S-535)

(4) A link to the Internet website payment platform, if any;

and (5) A link to the Internet website containing information to request a payment plan or community service in lieu of payment, if any.

The(Deleted Courtby Administratoramendment.) shallSec. convene a working group to study best practices in court reminders, assess the effectiveness of the programs established pursuant to subsection 1 and recommend any appropriate changes to the programs.

On(Deleted orby beforeamendment.) MarchSec. 1 of each year, the Court Administrator shall prepare and submit to the Chief Justice of the Nevada Supreme Court and the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report concerning the programs established pursuant to subsection 1.

The6. report must include, without limitation, the following information from each court in this State:

(a)(Deleted The number of reminders sent by eachamendment.) courtSec. via text message to a working telephone number of a criminal defendant, person who received a citation or child subject to the jurisdiction of the juvenile court;

(b)8. The number of criminal defendants, persons and children who received a notification required by subsection 1 by means other than text message;

(c) The numberLegislature ofhereby criminalrespectfully defendants,requests personsthat andthe childrenNevada whoSupreme failedCourt: to appear for a court appearance or missed a payment;

(d) Any other data collected by the Court Administrator that the Court Administrator determines useful to the Chief Justice and the Legislature;

and (e) Any recommendations for changes to the programs.

- *AB218* – 4 – Sec.

2.

NRS 62C.010 is hereby amended to read as follows:

62C.010 Except as otherwise provided in this title and NRS 484C.160:

AStudy peaceprocedures officerfor ornotifying probationdefendants officerand maypersons takewho intoare custodyissued a civil infraction citation of certain information, including, without limitation, court dates, required court appearances, missed court appearances and any child:required or missed payments to the court;

(a) Who the officer has probable cause to believe is violating or has violated any state or local law, ordinance, or rule or regulation having the force of law;

or (b) Whose conduct indicates that the child is in need of supervision.

IfIn studying such procedures pursuant to subsection 1, consider, without limitation, the best practices for notifying defendants and persons who are issued a childcivil isinfraction takencitation, intoinput custody:from interested community and justice system stakeholders and the technological needs of the court system;

(a)and The3. officer shall, without undue delay, attempt to notify, if known, the parent or guardian of the child;

(b)Adopt Thecourt facilityor inadministrative whichrules thegoverning childsuch isprocedures. detained shall, without undue delay:

(1)H Notify- a*AB218_R1* probation officer;

and (2) Attempt to notify, if known, the parent or guardian of the child if such notification was not accomplished pursuant to paragraph (a);

and (c) Unless it is impracticable or inadvisable or has been otherwise ordered by the juvenile court, the child must be released to the custody of a parent or guardian or another responsible adult who has signed a written agreement to bring the child before the juvenile court at a time stated in the agreement or as the juvenile court may direct.

The written agreement must include the telephone number of the child and an indication as to whether the child has agreed to receive communications relating to the juvenile court.

The written agreement must be submitted to the juvenile court as soon as possible.

If the person fails to produce the child at the time stated in the agreement or upon a summons from the juvenile court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both, be brought before the juvenile court at a time stated in the writ.

3.

If a child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The juvenile court;

or (2) The place of detention designated by the juvenile court and, as soon as possible thereafter, the fact of detention must be reported to the juvenile court;

and (b) Pending further disposition of the case, the juvenile court may order that the child be:

(1) Released to the custody of a parent or guardian or another person appointed by the juvenile court;

- *AB218* – 5 – (2) Detained in a place designated by the juvenile court, subject to further order of the juvenile court;

or (3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of children.

The supervised detention at the home of the child may include electronic surveillance of the child.

4.

In determining whether to release a child pursuant to this section to a person other than a parent or guardian, the juvenile court shall give preference to any person who is related to the child within the fifth degree of consanguinity if the juvenile court finds that the person is suitable and able to provide proper care and guidance for the child.

Sec.

3.

NRS 171.136 is hereby amended to read as follows:

171.136 1.

If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.

2.

If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m.

and 7 a.m., except:

(a) Upon the direction of a magistrate, endorsed upon the warrant;

(b) When the offense is committed in the presence of the arresting officer;

(c) When the person is found and the arrest is made in a public place or a place that is open to the public and:

(1) There is a warrant of arrest against the person;

and (2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;

(d) When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed;

(e) When the arrest is made in the manner provided in NRS 171.137 or 171.1375;

(f) When the person is already in custody as a result of another lawful arrest;

or (g) When the person voluntarily surrenders himself or herself in response to an outstanding warrant of arrest.

3.

At the time of the arrest, the person making the arrest shall obtain the telephone number of the person who is arrested and an indication as to whether the person has agreed to receive communications from the court by text message.

Sec.

4.

NRS 171.1773 is hereby amended to read as follows:

171.1773 1.

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 - *AB218* – 6 – before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer 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 telephone number of the person and an indication as to whether the person has agreed to receive communications relating to the citation by text message, the state registration number of the person’s vehicle, 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 citation must be signed by the peace officer.

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

2.

The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.

3.

The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.

4.

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 the citation whether the person charged gave a written promise to appear.

A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.

Sec.

5.

NRS 171.1774 is hereby amended to read as follows:

171.1774 1.

In those instances described in NRS 171.1772, the peace officer summoned after the arrest shall 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, and containing:

(a) A notice to appear in court;

(b) The name and address of the person;

(c) The telephone number of the person and an indication as to whether the person has agreed to receive communications relating to the citation by text message;

- *AB218* – 7 – (d) The state registration number of the person’s vehicle, if any;

[(d)] (e) The offense charged, including a brief description of the offense and the NRS or ordinance citation;

[(e)] (f) The time when and place where the person is required to appear in court;

[(f)] (g) Such other pertinent information as may be necessary;

and [(g)] (h) The signatures of the private person making the arrest and the peace officer preparing the citation.

2.

The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.

3.

The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.

4.

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 the citation whether the person charged gave a written promise to appear.

A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.

Sec.

6.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec.

7.

The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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