[Rev. 11/21/2013 9:53:17 AM--2013]

TITLE 14 - PROCEDURE IN CRIMINAL CASES

CHAPTER 169 - PRELIMINARY PROVISIONS

NRS 169.015           Short title.

NRS 169.025           Scope.

NRS 169.035           Purpose; construction.

NRS 169.045           Definitions.

NRS 169.049           “Case in chief of the defendant” defined.

NRS 169.055           “Criminal action” defined.

NRS 169.065           “Defendant” defined.

NRS 169.075           “District attorney” defined.

NRS 169.085           “Law” defined.

NRS 169.095           “Magistrate” defined. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 169.095           “Magistrate” defined. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 169.097           “Master” defined.

NRS 169.105           “Month” defined.

NRS 169.115           “Oath” defined.

NRS 169.125           “Peace officer” defined.

NRS 169.145           “Personal property” defined.

NRS 169.155           “Property” defined.

NRS 169.164           “Public officer” defined.

NRS 169.175           “Real property” defined.

NRS 169.185           “State” defined.

NRS 169.195           “Trial” defined.

NRS 169.205           “United States” defined.

NRS 169.215           Interpretation.

NRS 169.225           Signature by mark.

NRS 169.235           Superseding of criminal law no bar to punishment unless specifically expressed.

NRS 169.245           Bonds and undertakings in criminal actions or proceedings: Approval by clerk.

_________

 

      NRS 169.015  Short title.  This title may be known and cited as the Nevada Criminal Procedure Law.

      (Added to NRS by 1967, 1398)

      NRS 169.025  Scope.

      1.  This title governs the procedure in the courts of the State of Nevada and before magistrates in all criminal proceedings.

      2.  Except as otherwise provided in NRS 62C.330, this title does not apply to proceedings against children conducted pursuant to title 5 of NRS.

      (Added to NRS by 1967, 1398; A 1981, 1195; 2003, 1118)

      NRS 169.035  Purpose; construction.  This title is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

      (Added to NRS by 1967, 1398)

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

      (Added to NRS by 1967, 1398; A 1977, 1571; 1997, 2364)

      NRS 169.049  “Case in chief of the defendant” defined.  “Case in chief of the defendant” means the first opportunity of the defendant to present evidence after the close of the case in chief of the State.

      (Added to NRS by 1997, 2364)

      NRS 169.055  “Criminal action” defined.  “Criminal action” means the proceedings by which a party charged with a public offense is accused and brought to trial and punishment. A criminal action is prosecuted in the name of the State of Nevada, as plaintiff.

      (Added to NRS by 1967, 1398)

      NRS 169.065  “Defendant” defined.  “Defendant” means the party prosecuted in a criminal action.

      (Added to NRS by 1967, 1398)

      NRS 169.075  “District attorney” defined.  “District attorney” includes any deputy district attorney.

      (Added to NRS by 1967, 1398)

      NRS 169.085  “Law” defined.  “Law” includes statutes and judicial decisions.

      (Added to NRS by 1967, 1398)

      NRS 169.095  “Magistrate” defined. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  “Magistrate” means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes:

      1.  Justices of the Supreme Court;

      2.  Judges of the district courts;

      3.  Justices of the peace;

      4.  Municipal judges; and

      5.  Others upon whom are conferred by law the powers of a justice of the peace in criminal cases.

      (Added to NRS by 1967, 1398; A 1983, 901)

      NRS 169.095  “Magistrate” defined. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]  “Magistrate” means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes:

      1.  Justices of the Supreme Court;

      2.  Judges of the Court of Appeals;

      3.  Judges of the district courts;

      4.  Justices of the peace;

      5.  Municipal judges; and

      6.  Others upon whom are conferred by law the powers of a justice of the peace in criminal cases.

      (Added to NRS by 1967, 1398; A 1983, 901; 2013, 1752, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 169.097  “Master” defined.  “Master” means a person appointed by the district court to inform defendants of their rights, assign counsel for indigent defendants and perform other similar administrative duties assigned by the court.

      (Added to NRS by 1977, 1570)

      NRS 169.105  “Month” defined.  “Month” means a calendar month unless otherwise expressed.

      (Added to NRS by 1967, 1398)

      NRS 169.115  “Oath” defined.  “Oath” includes an affirmation.

      (Added to NRS by 1967, 1398)

      NRS 169.125  “Peace officer” defined.  “Peace officer” includes any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      (Added to NRS by 1967, 1398; A 1969, 55, 1130, 1423; 1971, 255, 2077; 1973, 89, 922, 1583; 1975, 112, 989, 1344; 1977, 858, 1120, 1441; 1979, 127, 280, 902; 1981, 330, 1104, 2008; 1983, 854, 1242; 1985, 246; 1989, 889, 968; 1993, 2527)

      NRS 169.145  “Personal property” defined.  “Personal property” includes money, goods, chattels, things in action and evidences of debt.

      (Added to NRS by 1967, 1399)

      NRS 169.155  “Property” defined.  “Property” includes both real and personal property.

      (Added to NRS by 1967, 1399)

      NRS 169.164  “Public officer” defined.  “Public officer” means a person elected or appointed to a position which:

      1.  Is established by the constitution or a statute of this State, or by a charter or ordinance of a political subdivision of this State; and

      2.  Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.

      (Added to NRS by 1967, 1399)

      NRS 169.175  “Real property” defined.  “Real property” is coextensive with lands, tenements and hereditaments.

      (Added to NRS by 1967, 1399)

      NRS 169.185  “State” defined.  “State,” when applied to the different parts of the United States, includes the District of Columbia and the territories.

      (Added to NRS by 1967, 1399)

      NRS 169.195  “Trial” defined.

      1.  “Trial” means that portion of a criminal action which:

      (a) If a jury is used, begins with the impaneling of the jury and ends with the return of the verdict, both inclusive.

      (b) If no jury is used, begins with the opening statement, or if there is no opening statement, when the first witness is sworn, and ends with the closing argument or upon submission of the cause to the court without argument, both inclusive.

      2.  “Trial” does not include any proceeding had upon a plea of guilty or guilty but mentally ill to determine the degree of guilt or to fix the punishment.

      (Added to NRS by 1967, 1399; A 1995, 2448; 2003, 1456; 2007, 1404)

      NRS 169.205  “United States” defined.  “United States” may include the District of Columbia, Puerto Rico, territories or insular possessions.

      (Added to NRS by 1967, 1399)

      NRS 169.215  Interpretation.

      1.  Writing includes printing and typewriting.

      2.  Every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.”

      (Added to NRS by 1967, 1399; A 1977, 186)

      NRS 169.225  Signature by mark.  When a signature of a person is required by this title, the mark of a person, if the person cannot write, shall be deemed sufficient, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his or her own name as a witness.

      (Added to NRS by 1967, 1399)

      NRS 169.235  Superseding of criminal law no bar to punishment unless specifically expressed.  The superseding of any law creating a criminal offense shall not be held to constitute a bar to the prosecution and punishment of a crime already committed, or to bar the trial and punishment of a crime where a prosecution has been already begun, for a violation of the law so superseded, unless the intention to bar such prosecution and punishment, or trial and punishment where a prosecution has been already begun is expressly declared in the superseding act.

      (Added to NRS by 1967, 1399)

      NRS 169.245  Bonds and undertakings in criminal actions or proceedings: Approval by clerk.

      1.  In all criminal actions or proceedings where a bond or other undertaking is required by the provisions of this title or by the Nevada Rules of Civil Procedure or the Nevada Rules of Appellate Procedure, the bond or undertaking shall be presented to the clerk, of the court in which the action or proceeding is pending, for the clerk’s approval before being filed or deposited.

      2.  The clerk of the court may refuse approval of a surety for any bond or other undertaking if a power of attorney-in-fact, which covers the agent whose signature appears on the bond or other undertaking, is not on file with the clerk of the court.

      (Added to NRS by 1975, 1196)