[Rev. 11/21/2013 9:53:26 AM--2013]

CHAPTER 171 - PROCEEDINGS TO COMMITMENT

LOCAL JURISDICTION OF PUBLIC OFFENSES

NRS 171.010           Jurisdiction of offense committed in State.

NRS 171.015           Jurisdiction of offense commenced without, but consummated within, this State; consummation through agent.

NRS 171.020           Act within this State culminating in crime in this or another state.

NRS 171.025           Death by dueling.

NRS 171.030           Offense committed partly in one county and partly in another.

NRS 171.035           Offense committed on or near boundary.

NRS 171.040           Offense committed on vessel in state waters, common carrier or private motor vehicle or aircraft.

NRS 171.045           Offenses concerning animals ranging in two or more counties.

NRS 171.055           Bigamy and incest.

NRS 171.060           Burglary, robbery, larceny or embezzlement: Venue when property is taken in one county and brought into another.

NRS 171.065           Accessory: Venue in either county where offense of accessory was committed or where principal offense committed.

NRS 171.070           Conviction or acquittal in another state or territory is bar where jurisdiction is concurrent.

NRS 171.075           Conviction or acquittal in another county is bar where venue is concurrent.

CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATE WATERS

NRS 171.076           Enactment.

NRS 171.077           Text of Compact.

INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER

NRS 171.078           Enactment.

NRS 171.079           Text of Compact.

TIME OF COMMENCING CRIMINAL ACTIONS

NRS 171.080           No statute of limitation for murder or terrorism.

NRS 171.083           No limitation for sexual assault or sex trafficking if written report filed with law enforcement officer during period of limitation; effect of disability on period of limitation.

NRS 171.084           Limitation for kidnapping or attempted murder extended if written report filed with law enforcement officer during period of limitation.

NRS 171.085           Limitations for felonies.

NRS 171.090           Limitations for gross and simple misdemeanors.

NRS 171.095           Limitations for offenses committed in secret manner, offenses constituting sexual abuse or sex trafficking of child and offenses regarding personal identifying information.

NRS 171.100           Indictment found when it is presented and filed.

WARRANT OR SUMMONS UPON COMPLAINT

NRS 171.102           Complaint defined; oath or declaration required.

NRS 171.103           Court clerk may accept complaint filed electronically; procedure; service.

NRS 171.104           Arrest defined; by whom made.

NRS 171.106           Issuance of warrant or summons upon complaint or citation.

NRS 171.108           Contents of warrant of arrest.

NRS 171.112           Contents of summons.

NRS 171.114           Execution of warrant and service of summons: By whom.

NRS 171.116           When magistrate may depute person to act as constable.

NRS 171.118           Execution of warrant and service of summons: Territorial limits.

NRS 171.122           Manner in which execution of warrant and service of summons are made; issuance of citation in lieu of execution of warrant of arrest.

INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION AND IDENTIFICATION OF SUSPECTS

NRS 171.1223         Peace officer with limited jurisdiction must notify primary law enforcement agency of commission of certain felonies; transfer of investigation to primary law enforcement agency.

NRS 171.1225         Peace officer to provide information to suspected victims of domestic violence.

NRS 171.1227         Peace officer to submit written report concerning suspected acts of domestic violence; information from reports to be aggregated and forwarded to Central Repository; content of report.

NRS 171.1228         Investigation of alleged sexual offense: Alleged victim not required to submit to polygraphic examination or other similar examination.

NRS 171.1229         Fingerprinting of persons detained and cited for committing suspected acts of domestic violence; fingerprints to be forwarded to Central Repository.

NRS 171.123           Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.

NRS 171.1231         Arrest if probable cause appears.

NRS 171.1232         Search to ascertain presence of dangerous weapon; seizure of weapon or evidence.

NRS 171.1235         Gaming licensee may detain person suspected of having committed felony in gaming establishment.

NRS 171.1237         Identification of suspect by live lineup, photo lineup or show-up: Law enforcement agencies to adopt policies and procedures governing use.

ARREST: BY WHOM AND HOW MADE

NRS 171.124           Arrest by peace officer or officer of Drug Enforcement Administration.

NRS 171.1245         Arrest by agent of Federal Bureau of Investigation or Secret Service.

NRS 171.1255         Arrest by officer or agent of Bureau of Indian Affairs or police officer employed by Indian tribe.

NRS 171.1257         Arrest by postal inspector of United States Postal Inspection Service.

NRS 171.126           Arrest by private person.

NRS 171.128           Magistrate may order arrest for committing or attempting to commit offense in magistrate’s presence.

NRS 171.132           Person making arrest may summon assistance.

NRS 171.134           Escape or rescue of arrested person: Pursuit and retaking at any time and place in State.

NRS 171.136           When arrest may be made.

NRS 171.137           Arrest required for suspected battery constituting domestic violence; exceptions.

NRS 171.138           Breaking open door or window: Making arrest.

NRS 171.142           Breaking open door or window: Upon detention after making arrest.

NRS 171.144           Breaking open door or window: Retaking person arrested.

NRS 171.1455         Use of deadly force to effect arrest: Limitations.

NRS 171.146           Weapon may be taken from person arrested.

NRS 171.147           Duties of arresting officer where person arrested appears to be intoxicated or not in control of the person’s physical functions.

NRS 171.148           Warrant of arrest by telegram authorized.

NRS 171.152           Return of warrant after execution by arrest or issuance of citation; return of summons after service; cancellation by district attorney before execution or service; reissuance.

NRS 171.153           Right of person arrested to make telephone calls.

NRS 171.1536         Arrest of person with communications disability: Interpreter to be made available.

NRS 171.1537         Arrest of person with disability: Right to communicate by mail or telephone.

NRS 171.1538         Arrest of person with communications disability: Waiver of right to interpretation or communication.

INTERSTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.154           Short title.

NRS 171.156           Definitions.

NRS 171.158           Arrests within this State by foreign officers; hearing before magistrate.

NRS 171.162           Duty of Secretary of State.

NRS 171.164           Severability.

INTRASTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.166           Short title.

NRS 171.168           Definitions.

NRS 171.172           When officer may arrest.

NRS 171.174           Procedure after arrest.

NRS 171.176           Limitation.

CITATION FOR MISDEMEANOR

NRS 171.177           When person detained must be taken before magistrate.

NRS 171.1771         Issuance of citation when person detained by peace officer.

NRS 171.1772         Issuance of citation after arrest by private person.

NRS 171.1773         Form and contents of citation: When person detained by peace officer.

NRS 171.1774         Form and contents of citation: When issued after arrest by private person.

NRS 171.1775         Preparation of citations: Use of citation book or electronic device; maintenance of records relating to citation book or electronic device.

NRS 171.17751       Designation of certain state, county and city officers to prepare, sign and serve citations.

NRS 171.1776         Issued citations: Filing with court; disposition of charges by court; unlawful acts; maintenance of records.

NRS 171.1777         Issued citations: Audit of records.

NRS 171.1778         Citation filed with court deemed complaint for purpose of prosecution.

NRS 171.17785       Effect of violation of written promise to appear; appearance by counsel in lieu of personal appearance authorized.

NRS 171.1779         NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws.

PROCEEDINGS BEFORE MAGISTRATE

NRS 171.178           Appearance before magistrate; release from custody by arresting officer.

NRS 171.182           Proceedings before another magistrate.

NRS 171.184           Proceedings upon complaint for offenses triable in another county.

NRS 171.1845         Proceedings upon discovery of another arrest warrant outstanding in another county.

NRS 171.186           Rights of defendant before preliminary examination.

NRS 171.188           Procedure for appointment of attorney for indigent defendant.

NRS 171.192           Certification of bail; discharge of defendant.

NRS 171.194           Procedure when arrest for capital offense.

NRS 171.196           Preliminary examination: Waiver; time for conducting; postponement; introduction of evidence and cross-examination of witnesses by defendant.

NRS 171.1965         Discovery by defendant before preliminary examination; material subject to discovery; effect of failure to permit discovery.

NRS 171.197           Use of affidavit at preliminary examination: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances.

NRS 171.1975         Use of audiovisual technology to present live testimony at preliminary examination: When permitted; notice by requesting party; opportunity to object; requirements for taking and preserving testimony; limitations on subsequent use.

NRS 171.198           Reporting testimony of witnesses.

NRS 171.202           District attorney to prosecute at preliminary examination where felony or gross misdemeanor charged.

NRS 171.204           Exclusion of persons; exceptions.

NRS 171.206           Procedure following preliminary examination.

NRS 171.208           Remand for preliminary examination.

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LOCAL JURISDICTION OF PUBLIC OFFENSES

      NRS 171.010  Jurisdiction of offense committed in State.  Every person, whether an inhabitant of this state, or any other state, or of a territory or district of the United States, is liable to punishment by the laws of this state for a public offense committed therein, except where it is by law cognizable exclusively in the courts of the United States.

      [1911 Cr. Prac. § 58; RL § 6908; NCL § 10705]

      NRS 171.015  Jurisdiction of offense commenced without, but consummated within, this State; consummation through agent.  When the commission of a public offense, commenced without the State, is consummated within its boundaries, the defendant is liable to punishment therefor in this State, though the defendant was out of the State at the time of the commission of the offense charged. If the defendant consummated it in this State, through the intervention of an innocent or guilty agent, or any other means proceeding directly from the defendant, in such case the jurisdiction is in the county in which the offense is consummated.

      [1911 Cr. Prac. § 59; RL § 6909; NCL § 10706]

      NRS 171.020  Act within this State culminating in crime in this or another state.  Whenever a person, with intent to commit a crime, does any act within this State in execution or part execution of such intent, which culminates in the commission of a crime, either within or without this State, such person is punishable for such crime in this State in the same manner as if the same had been committed entirely within this State.

      [1911 Cr. Prac. § 59a; added 1927, 87; NCL § 10707]

      NRS 171.025  Death by dueling.  When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel or is concerned as second therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, whereof the person dies in this state, the jurisdiction of the offense is in the county where the death happens.

      [1911 Cr. Prac. § 60; RL § 6910; NCL § 10708]

      NRS 171.030  Offense committed partly in one county and partly in another.  When a public offense is committed in part in one county and in part in another or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the venue is in either county.

      [1911 Cr. Prac. § 61; RL § 6911; NCL § 10709]—(NRS A 1963, 47)

      NRS 171.035  Offense committed on or near boundary.  When an offense is committed on the boundary of two or more counties, or within 500 yards thereof, the venue is in either county.

      [1911 Cr. Prac. § 62; RL § 6912; NCL § 10710]—(NRS A 1963, 47)

      NRS 171.040  Offense committed on vessel in state waters, common carrier or private motor vehicle or aircraft.  When an offense is committed in this state:

      1.  On board a vessel navigating a river, slough, lake or canal, or lying therein, in the prosecution of a voyage, the venue is in any county through which the vessel is navigated in the course of the voyage, or in the county where the voyage terminates;

      2.  On a railroad train, car, stage or other public conveyance, or on a private motor vehicle, prosecuting its trip, the venue is in any county through which the train, car, stage or other public conveyance, or private motor vehicle, passes in the course of its trip, or in the county where the trip terminates; or

      3.  On an aircraft prosecuting its trip, the venue is in any county over which the aircraft passes in the course of its trip, or in the county where the trip terminates. However, venue under this subsection shall be only in a county over or into which the aircraft passes prior to the first landing of such aircraft after the crime is discovered by or reported to the person in charge of such aircraft.

      [1911 Cr. Prac. § 63; RL § 6913; NCL § 10711]—(NRS A 1959, 215; 1963, 47)

      NRS 171.045  Offenses concerning animals ranging in two or more counties.  When a public offense concerns any neat cattle, horse, mule or other animal running at large upon any range which extends into more than one county of this state, such offense may be prosecuted in either of the counties, and, upon the trial of any such offense, proof that such animal is the property of the owner, or person occupying the range, and was at the time the offense was committed running at large upon the range, shall be prima facie evidence that the offense was committed within the jurisdiction of the court.

      [1911 Cr. Prac. § 64; RL § 6914; NCL § 10712]

      NRS 171.055  Bigamy and incest.  When the offense, either of bigamy or incest, is committed in one county and the defendant is apprehended in another, the venue is in either county.

      [1911 Cr. Prac. § 66; RL § 6916; NCL § 10714]—(NRS A 1963, 47)

      NRS 171.060  Burglary, robbery, larceny or embezzlement: Venue when property is taken in one county and brought into another.  When property taken in one county by burglary, robbery, larceny or embezzlement has been brought into another, the venue of the offense is in either county, but if, at any time before the conviction of the defendant in the latter, the defendant is indicted in the former county, the sheriff of the latter county must, upon demand, deliver the defendant to the sheriff of the former.

      [1911 Cr. Prac. § 67; RL § 6917; NCL § 10715]—(NRS A 1963, 47)

      NRS 171.065  Accessory: Venue in either county where offense of accessory was committed or where principal offense committed.  In the case of an accessory in the commission of a public offense, the venue is in either the county where the offense of the accessory was committed, or where the principal offense was committed.

      [1911 Cr. Prac. § 68; RL § 6918; NCL § 10716]—(NRS A 1963, 48)

      NRS 171.070  Conviction or acquittal in another state or territory is bar where jurisdiction is concurrent.  When an act charged as a public offense is within the jurisdiction of another state or territory, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this state.

      [1911 Cr. Prac. § 69; RL § 6919; NCL § 10717]—(NRS A 2009, 2734)

      NRS 171.075  Conviction or acquittal in another county is bar where venue is concurrent.  When an offense is within the venue of two or more counties, a conviction or acquittal thereof in one county is a bar to the prosecution or indictment therefor in another.

      [1911 Cr. Prac. § 70; RL § 6920; NCL § 10718]—(NRS A 1963, 48)

CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATE WATERS

      NRS 171.076  Enactment.  The California-Nevada Compact for Jurisdiction on Interstate Waters, set forth in full in NRS 171.077, is hereby enacted into law.

      (Added to NRS by 1987, 309)

      NRS 171.077  Text of Compact.  The California-Nevada Compact for Jurisdiction on Interstate Waters is as follows:

 

ARTICLE I—Purpose and Policy

 

      1.  The Legislature finds that law enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming an interstate boundary between California and Nevada because of difficulty in determining precisely where a criminal act was committed.

      2.  The Legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

      3.  The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted to provide for enforcement of the laws of this state with regard to certain acts committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between California and Nevada.

 

ARTICLE II—Definitions

 

      As used in this compact, unless the context otherwise requires, “party state” means a state which has enacted this compact.

 

ARTICLE III—Concurrent Jurisdiction

 

      1.  If conduct is prohibited by the party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where Lake Tahoe or Topaz Lake forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states.

      2.  This compact does not authorize:

      (a) Prosecution of any person for conduct which is lawful in the state where it was committed.

      (b) Any conduct prohibited by a party state.

 

ARTICLE IV—Ratification

 

      This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by the State of California and the State of Nevada.

      (Added to NRS by 1987, 309)

INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER

      NRS 171.078  Enactment.  The Interstate Compact for Jurisdiction on the Colorado River, set forth in full in NRS 171.079, is hereby enacted into law.

      (Added to NRS by 1987, 378)

      NRS 171.079  Text of Compact.  The Interstate Compact for Jurisdiction on the Colorado River is as follows:

 

ARTICLE I—Purpose and Policy

 

      1.  The Legislature finds that law enforcement has been impaired in sections of the Colorado River forming an interstate boundary because of difficulty in determining precisely where a criminal act was committed.

      2.  The Legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

      3.  The Interstate Compact for Jurisdiction on the Colorado River is enacted to provide for enforcement of the laws of this State with regard to certain acts committed on the Colorado River, or any lake formed by or a part of the Colorado River, on either side of the boundary line with an adjoining state.

 

ARTICLE II—Definitions

 

      As used in this Compact, unless the context otherwise requires, “party state” means a state which has enacted this Compact.

 

ARTICLE III—Concurrent Jurisdiction

 

      1.  If conduct is prohibited by two adjoining party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where the Colorado River, or any lake formed by or a part of the Colorado River, forms a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states and concurrent jurisdiction to arrest offenders for the prohibited conduct committed on any land mass within 5 air miles of the Colorado River or any lake formed by or a part of the Colorado River.

      2.  This Compact does not authorize:

      (a) Prosecution of any person for conduct which is lawful in the state where it was committed.

      (b) Any conduct prohibited by a party state.

      3.  If any claim, including a counterclaim or cross-claim, is brought in a civil action which is filed in a party state and which is:

      (a) Brought against a present or former officer or employee of another party state or an agency or political subdivision of that other party state; and

      (b) Based on any alleged act or omission that is related to his or her official duties or employment and conducted under the authority of this Compact,

Ê the claim is subject to the conditions and limitations on civil actions, including, without limitation, the provisions regarding sovereign immunity, established by the party state in which that officer or employee is or was an officer or employee.

 

ARTICLE IV—Ratification

 

      This Compact is ratified by enactment of the language of this Compact, or substantially similar language expressing the same purpose, by at least two states of which the Colorado River forms a common boundary.

      (Added to NRS by 1987, 378; A 2005, 303)

TIME OF COMMENCING CRIMINAL ACTIONS

      NRS 171.080  No statute of limitation for murder or terrorism.  There is no limitation of the time within which a prosecution for:

      1.  Murder must be commenced. It may be commenced at any time after the death of the person killed.

      2.  A violation of NRS 202.445 must be commenced. It may be commenced at any time after the violation is committed.

      [1911 Cr. Prac. § 71; RL § 6921; NCL § 10719]—(NRS A 2003, 2952)

      NRS 171.083  No limitation for sexual assault or sex trafficking if written report filed with law enforcement officer during period of limitation; effect of disability on period of limitation.

      1.  If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault, a person authorized to act on behalf of a victim of a sexual assault, or a victim of sex trafficking or a person authorized to act on behalf of a victim of sex trafficking, files with a law enforcement officer a written report concerning the sexual assault or sex trafficking, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be commenced.

      2.  If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

      3.  If a victim of a sexual assault or sex trafficking is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault or sex trafficking is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.

      4.  For the purposes of this section, a victim of a sexual assault or sex trafficking is under a disability if the victim is insane, intellectually disabled, mentally incompetent or in a medically comatose or vegetative state.

      5.  As used in this section, “law enforcement officer” means:

      (a) A prosecuting attorney;

      (b) A sheriff of a county or the sheriff’s deputy;

      (c) An officer of a metropolitan police department or a police department of an incorporated city; or

      (d) Any other 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 1997, 890; A 2013, 683, 2418)

      NRS 171.084  Limitation for kidnapping or attempted murder extended if written report filed with law enforcement officer during period of limitation.

      1.  If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of kidnapping or attempted murder, or a person authorized to act on behalf of such a victim, files with a law enforcement officer a written report concerning the offense, the period of limitation prescribed in NRS 171.085 and 171.095 is extended for 5 years.

      2.  If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

      3.  As used in this section, “law enforcement officer” has the meaning ascribed to it in NRS 171.083.

      (Added to NRS by 2001, 3031)

      NRS 171.085  Limitations for felonies.  Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:

      1.  Theft, robbery, burglary, forgery, arson, sexual assault, sex trafficking, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

      2.  Any felony other than the felonies listed in subsection 1 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

      [1911 Cr. Prac. § 72; RL § 6922; NCL § 10720]—(NRS A 1963, 371; 1977, 1630; 1985, 2167; 1997, 890; 2001, 3031; 2003, 20th Special Session, 273; 2005, 1426; 2009, 146; 2013, 2418)

      NRS 171.090  Limitations for gross and simple misdemeanors.  Except as otherwise provided in NRS 171.095, 202.885 and 624.800, an indictment for:

      1.  A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.

      2.  Any other misdemeanor must be found, or an information or complaint filed, within 1 year after the commission of the offense.

      [1911 Cr. Prac. § 73; RL § 6923; NCL § 10721]—(NRS A 1981, 771; 1985, 2167; 1999, 3525; 2005, 1209)

      NRS 171.095  Limitations for offenses committed in secret manner, offenses constituting sexual abuse or sex trafficking of child and offenses regarding personal identifying information.

      1.  Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

      (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or (c) or the provisions of NRS 202.885.

      (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child as defined in NRS 432B.100 or sex trafficking of a child as defined in NRS 201.300, before the victim is:

             (1) Thirty-six years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age; or

             (2) Forty-three years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches 36 years of age.

      (c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who is less than 18 years of age at the time of the commission of the offense, an indictment for the offense must be found, or an information or complaint filed, within 4 years after the victim discovers or reasonably should have discovered the offense.

      2.  If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

      [1911 Cr. Prac. § 74; RL § 6924; NCL § 10722]—(NRS A 1981, 771; 1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525; 2001, 3031; 2005, 1209; 2011, 131; 2013, 247, 2419)

      NRS 171.100  Indictment found when it is presented and filed.  An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

      [1911 Cr. Prac. § 75; RL § 6925; NCL § 10723]

WARRANT OR SUMMONS UPON COMPLAINT

      NRS 171.102  Complaint defined; oath or declaration required.  The complaint is a written statement of the essential facts constituting the public offense charged. It must be made upon:

      1.  Oath before a magistrate or a notary public; or

      2.  Declaration which is made subject to the penalty for perjury.

      (Added to NRS by 1967, 1400; A 1969, 387; 1983, 446)

      NRS 171.103  Court clerk may accept complaint filed electronically; procedure; service.

      1.  A court clerk may accept a complaint filed pursuant to this chapter that is filed electronically. A complaint that is filed electronically must contain an image of the signature of the prosecuting attorney.

      2.  If a court clerk accepts a complaint that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the complaint by an electronic time stamp and shall electronically return the complaint with the electronic time stamp to the prosecuting attorney. A complaint that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as a complaint that is not filed electronically.

      (Added to NRS by 1997, 892)

      NRS 171.104  Arrest defined; by whom made.  An arrest is the taking of a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

      (Added to NRS by 1967, 1400)

      NRS 171.106  Issuance of warrant or summons upon complaint or citation.  If it appears from the complaint or a citation issued pursuant to NRS 484A.730, 488.920 or 501.386, or from an affidavit or affidavits filed with the complaint or citation that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall be issued by the magistrate to any peace officer. Upon the request of the district attorney a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint or citation. If a defendant fails to appear in response to the summons, a warrant shall issue.

      (Added to NRS by 1967, 1400; A 1971, 830)

      NRS 171.108  Contents of warrant of arrest.  The warrant of arrest is an order in writing in the name of the State of Nevada which shall:

      1.  Be signed by the magistrate with the magistrate’s name of office;

      2.  Contain the name of the defendant or, if the defendant’s name is unknown, any name or description by which the defendant can be identified with reasonable certainty;

      3.  State the date of its issuance, and the county, city or town where it was issued;

      4.  Describe the offense charged in the complaint; and

      5.  Command that the defendant be arrested and brought before the nearest available magistrate.

      (Added to NRS by 1967, 1400)

      NRS 171.112  Contents of summons.  The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. Upon a complaint against a corporation, the magistrate must issue a summons, signed by the magistrate, with the magistrate’s name of office, requiring the corporation to appear before the magistrate at a specified time and place to answer the charge, the time to be not less than 10 days after the issuing of the summons.

      (Added to NRS by 1967, 1400)

      NRS 171.114  Execution of warrant and service of summons: By whom.  The warrant shall be directed to and executed by a peace officer. The summons may be served by any person authorized to serve a summons in a civil action.

      (Added to NRS by 1967, 1401)

      NRS 171.116  When magistrate may depute person to act as constable.  A magistrate may depute in writing any suitable and discreet person to act as constable when no constable is at hand and the nature of the business requires immediate action.

      (Added to NRS by 1967, 1401)

      NRS 171.118  Execution of warrant and service of summons: Territorial limits.  The warrant may be executed or the summons may be served at any place within the jurisdiction of the State of Nevada.

      (Added to NRS by 1967, 1401)

      NRS 171.122  Manner in which execution of warrant and service of summons are made; issuance of citation in lieu of execution of warrant of arrest.

      1.  Except as otherwise provided in subsection 2, the warrant must be executed by the arrest of the defendant. The officer need not have the warrant in the officer’s possession at the time of the arrest, but upon request the officer must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in the officer’s possession at the time of the arrest, the officer shall then inform the defendant of the officer’s intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for the defendant’s arrest and detention. If the defendant either flees or forcibly resists, the officer may, except as otherwise provided in NRS 171.1455, use all necessary means to effect the arrest.

      2.  In lieu of executing the warrant by arresting the defendant, a peace officer may issue a citation as provided in NRS 171.1773 if:

      (a) The warrant is issued upon an offense punishable as a misdemeanor;

      (b) The officer has no indication that the defendant has previously failed to appear on the charge reflected in the warrant;

      (c) The defendant provides satisfactory evidence of his or her identity to the peace officer;

      (d) The defendant signs a written promise to appear in court for the misdemeanor offense; and

      (e) The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.

      3.  The summons must be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant’s dwelling house or usual place of abode with some person then residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendant’s last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporation’s last known address within the State of Nevada or at its principal place of business elsewhere in the United States.

      (Added to NRS by 1967, 1401; A 1985, 618; 1993, 143, 931, 932)

INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION AND IDENTIFICATION OF SUSPECTS

      NRS 171.1223  Peace officer with limited jurisdiction must notify primary law enforcement agency of commission of certain felonies; transfer of investigation to primary law enforcement agency.

      1.  Except as otherwise provided in subsection 3, in a county whose population is 100,000 or more, a peace officer with limited jurisdiction who witnesses a category A felony being committed or attempted in the officer’s presence, or has reasonable cause for believing a person has committed or attempted to commit a category A felony in an area that is within the officer’s jurisdiction, shall immediately notify the primary law enforcement agency in the city or county, as appropriate, where the offense or attempted offense was committed.

      2.  Upon arrival of an officer from the primary law enforcement agency notified pursuant to subsection 1, a peace officer with limited jurisdiction shall immediately transfer the investigation of the offense or attempted offense to the primary law enforcement agency.

      3.  The provisions of subsection 1 do not:

      (a) Apply to an offense or attempted offense that is a misdemeanor, gross misdemeanor or felony other than a category A felony;

      (b) Apply to an officer of the Nevada Highway Patrol, a member of the police department of the Nevada System of Higher Education, an agent of the Investigation Division of the Department of Public Safety or a ranger of the Division of State Parks of the State Department of Conservation and Natural Resources;

      (c) Apply to a peace officer with limited jurisdiction if an interlocal agreement between the officer’s employer and the primary law enforcement agency in the city or county in which a category A felony was committed or attempted authorizes the peace officer with limited jurisdiction to respond to and investigate the felony without immediately notifying the primary law enforcement agency; or

      (d) Prohibit a peace officer with limited jurisdiction from:

             (1) Contacting a primary law enforcement agency for assistance with an offense that is a misdemeanor, gross misdemeanor or felony that is not a category A felony; or

             (2) Responding to a category A felony until the appropriate primary law enforcement agency arrives at the location where the felony was allegedly committed or attempted, including, without limitation, taking any appropriate action to provide assistance to a victim of the felony, to apprehend the person suspected of committing or attempting to commit the felony, to secure the location where the felony was allegedly committed or attempted and to protect the life and safety of the peace officer and any other person present at that location.

      4.  As used in this section:

      (a) “Peace officer with limited jurisdiction” means:

             (1) A school police officer who is appointed or employed pursuant to subsection 8 of NRS 391.100;

             (2) An airport guard or police officer who is appointed pursuant to NRS 496.130;

             (3) A person employed to provide police services for an airport authority created by a special act of the Legislature; and

             (4) A marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125.

      (b) “Primary law enforcement agency” means:

             (1) A police department of an incorporated city;

             (2) The sheriff’s office of a county; or

             (3) If the county is within the jurisdiction of a metropolitan police department, the metropolitan police department.

      (Added to NRS by 2001, 1868; 2003, 102)

      NRS 171.1225  Peace officer to provide information to suspected victims of domestic violence.

      1.  When investigating an act of domestic violence, a peace officer shall:

      (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

      (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

             (1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.

             (2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the battery.

             (3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

             (4) The law provides that you may seek a court order for the protection of you, your minor children or any animal that is owned or kept by you, by the person who committed or threatened the act of domestic violence or by the minor child of either such person against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

             (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

                   (I) Stop threatening, harassing or injuring you or your children;

                   (II) Move out of your residence;

                   (III) Stay away from your place of employment;

                    (IV) Stay away from the school attended by your children;

                   (V) Stay away from any place you or your children regularly go;

                   (VI) Avoid or limit all communication with you or your children;

                   (VII) Stop physically injuring, threatening to injure or taking possession of any animal that is owned or kept by you or your children, either directly or through an agent; and

                   (VIII) Stop physically injuring or threatening to injure any animal that is owned or kept by the person who committed or threatened the act or his or her children, either directly or through an agent.

             (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to:

                   (I) Pay the rent or mortgage due on the place in which you live;

                   (II) Pay the amount of money necessary for the support of your children;

                   (III) Pay part or all of the costs incurred by you in obtaining the order for protection; and

                   (IV) Comply with the arrangements specified for the possession and care of any animal owned or kept by you or your children or by the person who committed or threatened the act or his or her children.

             (7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

             (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, the person may be arrested and, if:

                   (I) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

                   (II) The person has previously violated a temporary or extended order for protection; or

                   (III) At the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110,

Ê the person will not be admitted to bail sooner than 12 hours after arrest.

             (9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the Statewide Program Against Domestic Violence at ........................ (state toll-free telephone number of Statewide Program).

      2.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or the officer’s employer.

      3.  As used in this section:

      (a) “Act of domestic violence” means any of the following acts committed by a person against his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child:

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

                   (VII) Injuring or killing an animal.

             (6) False imprisonment.

             (7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      (b) “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      (Added to NRS by 1989, 64; A 1993, 2771; 1995, 899; 1997, 1800; 2001, 1221; 2007, 1015; 2013, 40)

      NRS 171.1227  Peace officer to submit written report concerning suspected acts of domestic violence; information from reports to be aggregated and forwarded to Central Repository; content of report.

      1.  If a peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, the peace officer shall prepare and submit a written report of the investigation to the peace officer’s supervisor or to another person designated by the peace officer’s supervisor, regardless of whether the peace officer makes an arrest.

      2.  If the peace officer investigates a mutual battery that constitutes domestic violence pursuant to NRS 33.018 and finds that one of the persons involved was the primary physical aggressor, the peace officer shall include in the report:

      (a) The name of the person who was the primary physical aggressor; and

      (b) A description of the evidence which supports the peace officer’s finding.

      3.  If the peace officer does not make an arrest, the peace officer shall include in the report the reason the peace officer did not do so.

      4.  The information contained in a report made pursuant to subsections 1 and 2 must be:

      (a) Aggregated each month; and

      (b) Forwarded by each jurisdiction to the Central Repository for Nevada Records of Criminal History not later than the 15th day of the following month.

      5.  The Director of the Department of Public Safety shall prescribe the form on which the information described in subsection 4 must be reported to the Central Repository. In addition to the information required pursuant to subsections 1 and 2, the form must also require the inclusion of the following information from each report:

      (a) The gender, age and race of the persons involved;

      (b) The relationship of the persons involved;

      (c) The date and time of day of the offense;

      (d) The number of children present, if any, at the time of the offense;

      (e) Whether or not an order for protection against domestic violence was in effect at the time of the offense;

      (f) Whether or not any weapons were used during the commission of the offense;

      (g) Whether or not any person required medical attention;

      (h) Whether or not any person was given a domestic violence card that contains information about appropriate counseling or other supportive services available in the community in which that person resides;

      (i) Whether or not the primary physical aggressor, if identified, was arrested and, if not, any mitigating circumstances explaining why an arrest was not made; and

      (j) Whether or not any other person was arrested.

      (Added to NRS by 1997, 1533; A 2007, 2482)

      NRS 171.1228  Investigation of alleged sexual offense: Alleged victim not required to submit to polygraphic examination or other similar examination.

      1.  A law enforcement officer, prosecutor or other employee of a governmental entity shall not, as a condition of investigating an alleged sexual offense, request or require a victim of the alleged sexual offense to take or submit to a polygraphic examination or other similar examination that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of a person.

      2.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (Added to NRS by 2007, 95)

      NRS 171.1229  Fingerprinting of persons detained and cited for committing suspected acts of domestic violence; fingerprints to be forwarded to Central Repository.  If a peace officer:

      1.  Detains a person for violating a county, city or town ordinance or state law that:

      (a) Is punishable as a misdemeanor; and

      (b) Constitutes domestic violence pursuant to NRS 33.018; and

      2.  Issues the person a citation in lieu of taking the person before a magistrate,

Ê the peace officer shall obtain not less than one fingerprint of the person and shall forward any fingerprint taken and the report that the peace officer is required to prepare pursuant to NRS 171.1227 to the Central Repository for Nevada Records of Criminal History.

      (Added to NRS by 1997, 1533)

      NRS 171.123  Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.

      1.  Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.

      2.  Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.

      3.  The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.

      4.  A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.

      (Added to NRS by 1969, 535; A 1973, 597; 1975, 1200; 1987, 1172; 1995, 2068)

      NRS 171.1231  Arrest if probable cause appears.  At any time after the onset of the detention pursuant to NRS 171.123, the person so detained shall be arrested if probable cause for an arrest appears. If, after inquiry into the circumstances which prompted the detention, no probable cause for arrest appears, such person shall be released.

      (Added to NRS by 1969, 535)

      NRS 171.1232  Search to ascertain presence of dangerous weapon; seizure of weapon or evidence.

      1.  If any peace officer reasonably believes that any person whom the peace officer has detained or is about to detain pursuant to NRS 171.123 is armed with a dangerous weapon and is a threat to the safety of the peace officer or another, the peace officer may search such person to the extent reasonably necessary to ascertain the presence of such weapon. If the search discloses a weapon or any evidence of a crime, such weapon or evidence may be seized.

      2.  Nothing seized by a peace officer in any such search is admissible in any proceeding unless the search which disclosed the existence of such evidence is authorized by and conducted in compliance with this section.

      (Added to NRS by 1969, 535)

      NRS 171.1235  Gaming licensee may detain person suspected of having committed felony in gaming establishment.

      1.  As used in this section:

      (a) “Establishment” means any premises whereon any gaming is done or any premises owned or controlled by a licensee for the purpose of parking motor vehicles owned or operated by patrons of such licensee.

      (b) “Licensee” has the meaning ascribed to it in NRS 463.0171.

      2.  Any licensee or the licensee’s officers, employees or agents may take into custody and detain any person when such licensee or the licensee’s officers, employees or agents have reasonable cause to believe the person detained has committed a felony, whether or not in the presence of such licensee or the licensee’s officers, employees or agents.

      3.  Detention pursuant to this section shall be in the establishment, in a reasonable manner, for a reasonable length of time and solely for the purpose of notifying a peace officer. Such taking into custody and detention shall not render the licensee or the licensee’s officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.

      4.  No licensee or the licensee’s officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in the establishment a notice in boldface type clearly legible and in substantially this form:

 

       Any gaming licensee or the licensee’s officers, employees or agents who have reasonable cause to believe that any person has committed a felony may detain such person in the establishment for the purpose of notifying a peace officer.

 

      (Added to NRS by 1973, 1700; A 2003, 20th Special Session, 15)

      NRS 171.1237  Identification of suspect by live lineup, photo lineup or show-up: Law enforcement agencies to adopt policies and procedures governing use.

      1.  Each law enforcement agency shall adopt policies and procedures governing the use of live lineups, photo lineups and show-ups.

      2.  As used in this section:

      (a) “Live lineup” means an identification procedure in which a group of persons, including the suspect, is displayed to an eyewitness to determine whether the eyewitness identifies the suspect as the perpetrator of a crime.

      (b) “Photo lineup” means an identification procedure in which an array of photographs, including a photograph of the suspect, is displayed to an eyewitness in hard copy or by digital image to determine whether the eyewitness identifies the suspect as the perpetrator of a crime.

      (c) “Show-up” means an identification procedure in which the suspect appears individually for possible identification by the eyewitness as the perpetrator of a crime.

      (Added to NRS by 2011, 325)

ARREST: BY WHOM AND HOW MADE

      NRS 171.124  Arrest by peace officer or officer of Drug Enforcement Administration.

      1.  Except as otherwise provided in subsection 3 and NRS 33.070, 33.320 and 258.070, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him or her, or may, without a warrant, arrest a person:

      (a) For a public offense committed or attempted in the officer’s presence.

      (b) When a person arrested has committed a felony or gross misdemeanor, although not in the officer’s presence.

      (c) When a felony or gross misdemeanor has in fact been committed, and the officer has reasonable cause for believing the person arrested to have committed it.

      (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.

      (e) When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense, and the officer has reasonable cause to believe that the person arrested is the person so named or described.

      2.  A peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may also, at night, without a warrant, arrest any person whom the officer has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appears that a felony or gross misdemeanor has not been committed.

      3.  An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.

      (Added to NRS by 1967, 1401; A 1975, 755; 1979, 834; 1983, 1651; 1985, 1171, 2022, 2170; 2001, 2850; 2003, 888; 2013, 2946)

      NRS 171.1245  Arrest by agent of Federal Bureau of Investigation or Secret Service.  An agent of the Federal Bureau of Investigation or Secret Service may, without a warrant, arrest a person:

      1.  For a public offense committed or attempted in the agent’s presence.

      2.  When a person arrested has committed a felony or gross misdemeanor, although not in the agent’s presence.

      3.  When a felony or gross misdemeanor has in fact been committed, and the agent has reasonable cause for believing the person arrested to have committed it.

      4.  On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.

      5.  When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense, and the agent has reasonable cause to believe that the person arrested is the person so named or described.

      (Added to NRS by 1985, 451)

      NRS 171.1255  Arrest by officer or agent of Bureau of Indian Affairs or police officer employed by Indian tribe.

      1.  Except as otherwise provided in subsection 2, an officer or agent of the Bureau of Indian Affairs or a person employed as a police officer by an Indian tribe may make an arrest in obedience to a warrant delivered to him or her, or may, without a warrant, arrest a person:

      (a) For a public offense committed or attempted in the officer or agent’s presence.

      (b) When a person arrested has committed a felony or gross misdemeanor, although not in the officer or agent’s presence.

      (c) When a felony or gross misdemeanor has in fact been committed, and the officer or agent has reasonable cause for believing the person arrested to have committed it.

      (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.

      (e) When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense, and the officer or agent has reasonable cause to believe that the person arrested is the person so named or described.

      (f) When the peace officer has probable cause to believe that the person to be arrested has committed a battery upon that person’s spouse and the peace officer finds evidence of bodily harm to the spouse.

      2.  Such an officer or agent may make an arrest pursuant to subsection 1 only:

      (a) Within the boundaries of an Indian reservation or Indian colony for an offense committed on that reservation or colony; or

      (b) Outside the boundaries of an Indian reservation or Indian colony if the officer or agent is in fresh pursuit of a person who is reasonably believed by the officer or agent to have committed a felony within the boundaries of the reservation or colony or has committed, or attempted to commit, any criminal offense within those boundaries in the presence of the officer or agent.

Ê For the purposes of this subsection, “fresh pursuit” has the meaning ascribed to it in NRS 171.156.

      (Added to NRS by 1985, 452)

      NRS 171.1257  Arrest by postal inspector of United States Postal Inspection Service.

      1.  A postal inspector of the United States Postal Inspection Service may make an arrest in obedience to a warrant delivered to him or her, or may, without a warrant, arrest a person:

      (a) For a public offense related to postal matters committed or attempted in the postal inspector’s presence.

      (b) When the person arrested has committed a felony or gross misdemeanor related to postal matters, although not in the postal inspector’s presence.

      (c) When a felony or gross misdemeanor related to postal matters has in fact been committed, and the postal inspector has reasonable cause for believing the person arrested to have committed it.

      (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor related to postal matters by the person arrested.

      (e) When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense related to postal matters, and the postal inspector has reasonable cause to believe that the person arrested is the person so named or described.

      2.  As used in this section, “postal matters” means any act related to mail service, including, without limitation, delivering and collecting mail, mail theft and mail fraud.

      (Added to NRS by 2007, 2173)

      NRS 171.126  Arrest by private person.  A private person may arrest another:

      1.  For a public offense committed or attempted in the person’s presence.

      2.  When the person arrested has committed a felony, although not in the person’s presence.

      3.  When a felony has been in fact committed, and the private person has reasonable cause for believing the person arrested to have committed it.

      (Added to NRS by 1967, 1402)

      NRS 171.128  Magistrate may order arrest for committing or attempting to commit offense in magistrate’s presence.  A magistrate may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of the magistrate, and may thereupon proceed as if the offender had been brought before the magistrate on a warrant of arrest.

      (Added to NRS by 1967, 1402)

      NRS 171.132  Person making arrest may summon assistance.  Any person making an arrest may orally summon as many persons as the person making the arrest deems necessary to aid him or her therein.

      (Added to NRS by 1967, 1402)

      NRS 171.134  Escape or rescue of arrested person: Pursuit and retaking at any time and place in State.  If a person arrested escapes or is rescued, the person from whose custody he or she escaped or was rescued may immediately pursue and retake the person at any time and in any place within the State.

      (Added to NRS by 1967, 1402)

      NRS 171.136  When arrest may be made.

      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 offense charged is battery that constitutes domestic violence pursuant to NRS 33.018 and the arrest is made in the manner provided in NRS 171.137;

      (f) When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;

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

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

      (Added to NRS by 1967, 1402; A 1977, 874; 1985, 6, 2023; 1991, 331; 1993, 119; 2001, 1431)

      NRS 171.137  Arrest required for suspected battery constituting domestic violence; exceptions.

      1.  Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child.

      2.  If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, the peace officer shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

      (a) Prior domestic violence involving either person;

      (b) The relative severity of the injuries inflicted upon the persons involved;

      (c) The potential for future injury;

      (d) Whether one of the alleged batteries was committed in self-defense; and

      (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor.

      3.  A peace officer shall not base a decision regarding whether to arrest a person pursuant to this section on the peace officer’s perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.

      4.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      (Added to NRS by 1985, 2170; A 1989, 23; 1995, 901; 1997, 1533, 1802; 1999, 486)

      NRS 171.138  Breaking open door or window: Making arrest.  To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open a door or window of the house, structure or other place of concealment in which the person to be arrested is, or in which there is reasonable grounds for believing the person to be, after having demanded admittance and explained the purpose for which admittance is desired.

      (Added to NRS by 1967, 1402; A 1983, 244)

      NRS 171.142  Breaking open door or window: Upon detention after making arrest.  Any person who has entered a house, structure or other place of concealment to make an arrest may break open a door or window if that is necessary to liberate himself or herself. An officer may do the same to liberate a person who, acting in the officer’s aid, entered to make an arrest and is detained inside.

      (Added to NRS by 1967, 1402; A 1983, 244)

      NRS 171.144  Breaking open door or window: Retaking person arrested.  To retake a person arrested who has escaped or been rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, structure or other place of concealment, if, after notice of his or her intention, the person pursuing is refused admittance.

      (Added to NRS by 1967, 1402)

      NRS 171.1455  Use of deadly force to effect arrest: Limitations.  If necessary to prevent escape, an officer may, after giving a warning, if feasible, use deadly force to effect the arrest of a person only if there is probable cause to believe that the person:

      1.  Has committed a felony which involves the infliction or threat of serious bodily harm or the use of deadly force; or

      2.  Poses a threat of serious bodily harm to the officer or to others.

      (Added to NRS by 1993, 931)

      NRS 171.146  Weapon may be taken from person arrested.  Any person making an arrest may take from the person arrested all dangerous and offensive weapons which the person arrested may have about his or her person.

      (Added to NRS by 1967, 1402)

      NRS 171.147  Duties of arresting officer where person arrested appears to be intoxicated or not in control of the person’s physical functions.

      1.  Every peace officer shall, when arresting any person who appears to be intoxicated or not in control of the person’s physical functions, investigate in a reasonable manner to determine whether or not that person is wearing a bracelet, necklace, other visible device or other identification identifying a medical condition which might account for the actions of the person.

      2.  Any arresting officer who discovers identification of a medical condition during an investigation conducted pursuant to subsection 1 shall take reasonable steps to aid the afflicted person in receiving medication or other treatment for the medical condition.

      (Added to NRS by 1981, 781)

      NRS 171.148  Warrant of arrest by telegram authorized.

      1.  A warrant of arrest may be transmitted by telegram. A copy of a warrant transmitted by telegram may be sent to one or more peace officers, and the copy is as effectual in the hands of any officer, and the officer must proceed in the same manner under it, as though the officer held an original warrant issued by the magistrate before whom the original complaint in the case was laid.

      2.  Every officer causing a warrant to be transmitted by telegram pursuant to subsection 1 must certify as correct a copy of the warrant and endorsement thereon, and must return the original with a statement of the officer’s action thereunder.

      3.  As used in this section, “telegram” includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.

      (Added to NRS by 1967, 1402; A 1973, 598; 2003, 984)

      NRS 171.152  Return of warrant after execution by arrest or issuance of citation; return of summons after service; cancellation by district attorney before execution or service; reissuance.

      1.  The peace officer executing a warrant by arrest shall make return thereof to the magistrate before whom the defendant is brought pursuant to NRS 171.178 and 171.184. At the request of the district attorney any unexecuted warrant must be returned to the magistrate by whom it was issued and must be cancelled.

      2.  The peace officer executing a warrant by issuance of a citation pursuant to subsection 2 of NRS 171.122 shall:

      (a) Record on the warrant the number assigned to the citation issued thereon;

      (b) Attach the warrant to the citation issued thereon; and

      (c) Return the warrant and citation to the magistrate before whom the defendant is scheduled to appear.

      3.  On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable.

      4.  At the request of the district attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to a peace officer for execution or service.

      (Added to NRS by 1967, 1403; A 1993, 144)

      NRS 171.153  Right of person arrested to make telephone calls.

      1.  Any person arrested has the right to make a reasonable number of completed telephone calls from the police station or other place at which the person is booked immediately after the person is booked and, except where physically impossible, no later than 3 hours after the arrest. Such telephone calls may be limited to local calls, except that long distance calls may be made by the arrested person at his or her own expense.

      2.  A reasonable number of calls must include one completed call to a friend or bail agent and one completed call to an attorney.

      (Added to NRS by 1973, 724; A 1997, 3393)

      NRS 171.1536  Arrest of person with communications disability: Interpreter to be made available.  Upon the arrest of a person with a communications disability as defined in NRS 50.050, and before any interrogation or the taking of a statement, the peace officer in actual charge of the station, headquarters or other facility to which the person with a communications disability has been brought shall make an interpreter available at public expense to that person in accordance with the provisions of NRS 50.050 to 50.053, inclusive.

      (Added to NRS by 1975, 309; A 1979, 657; 2001, 1776; 2007, 170)

      NRS 171.1537  Arrest of person with disability: Right to communicate by mail or telephone.  When a person with a disability is detained in custody, the detaining authority shall make available a reasonable means of communication, at least pencil and paper, and at least two envelopes and first-class postage stamps. If the person with a disability so requests, the proper officer of the detaining authority shall make on the person’s behalf the same number and kind of telephone calls which a person arrested is authorized by law or custom to make and shall mail any letters written by that person.

      (Added to NRS by 1975, 309; A 2001, 1776)

      NRS 171.1538  Arrest of person with communications disability: Waiver of right to interpretation or communication.

      1.  The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 may not be waived except knowingly and voluntarily by the person with a communications disability by a written statement indicating a desire not to be so assisted. At any time after arrest but before the termination of any custody, the person may retract a waiver by indicating a desire to be so assisted.

      2.  Unless there is a waiver under this section, there must be no interrogation or taking of the statement of a person with a communications disability without the assistance of an interpreter in accordance with the provisions of NRS 50.050 to 50.053, inclusive.

      (Added to NRS by 1975, 309; A 2001, 1776; 2007, 170)

INTERSTATE FRESH PURSUIT (UNIFORM ACT)

      NRS 171.154  Short title.  NRS 171.154 to 171.164, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit.

      (Added to NRS by 1967, 1403)

      NRS 171.156  Definitions.  As used in NRS 171.154 to 171.164, inclusive, unless the context or subject matter otherwise requires:

      1.  “Fresh pursuit” includes fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used in NRS 171.154 to 171.164, inclusive, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

      2.  “State” includes the District of Columbia for the purpose of NRS 171.154 to 171.164, inclusive.

      (Added to NRS by 1967, 1403)

      NRS 171.158  Arrests within this State by foreign officers; hearing before magistrate.

      1.  Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this State, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this State.

      2.  The officer of another state making an arrest within this State shall take the person arrested before a magistrate of the county in which the arrest was made, without unnecessary delay. The magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State or admit the person to bail for such purpose. If the magistrate determines the arrest was unlawful the magistrate shall discharge the person arrested.

      3.  This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.

      (Added to NRS by 1967, 1403)

      NRS 171.162  Duty of Secretary of State.  On March 4, 1955, the Secretary of State shall certify a copy of NRS 171.154 to 171.164, inclusive, to the executive department of each of the states of the United States.

      (Added to NRS by 1967, 1404)

      NRS 171.164  Severability.  If any part of NRS 171.154 to 171.164, inclusive, is for any reason declared void, it is declared to be the intent of NRS 171.154 to 171.164, inclusive, that such invalidity shall not affect the validity of the remaining portions of those sections.

      (Added to NRS by 1967, 1404)

INTRASTATE FRESH PURSUIT (UNIFORM ACT)

      NRS 171.166  Short title.  NRS 171.166 to 171.176, inclusive, may be cited as the Uniform Act on Intrastate Fresh Pursuit.

      (Added to NRS by 1967, 1404)

      NRS 171.168  Definitions.  “Fresh pursuit” as used in NRS 171.166 to 171.176, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit any criminal offense in this state in the presence of the arresting officer referred to in NRS 171.172 or for whom such officer holds a warrant of arrest for a criminal offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used in NRS 171.166 to 171.176, inclusive, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

      (Added to NRS by 1967, 1404)

      NRS 171.172  When officer may arrest.  Any peace officer of this state in fresh pursuit of a person who is reasonably believed by the peace officer to have committed a felony in this state or has committed, or attempted to commit, any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest, may hold in custody such person anywhere in this state.

      (Added to NRS by 1967, 1404)

      NRS 171.174  Procedure after arrest.  If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant. If the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a municipal court or a justice of the peace or other magistrate of the county wherein such an arrest was made, and such court shall admit such person to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of such prisoner before the court having jurisdiction of such criminal offense.

      (Added to NRS by 1967, 1404)

      NRS 171.176  Limitation.  NRS 171.172 shall not make unlawful an arrest which would otherwise be lawful.

      (Added to NRS by 1967, 1404)

CITATION FOR MISDEMEANOR

      NRS 171.177  When person detained must be taken before magistrate.  Except as otherwise provided in NRS 171.122 and 171.178, whenever any 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, the person must be taken without unnecessary delay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:

      1.  When the person demands an immediate appearance before a magistrate;

      2.  When the person is detained pursuant to a warrant for the person’s arrest;

      3.  When the person is arrested by a peace officer; or

      4.  In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give a written promise to appear in court as provided in NRS 171.1773.

      (Added to NRS by 1973, 156; A 1975, 1200; 1993, 144)

      NRS 171.1771  Issuance of citation when person detained by peace officer.  Whenever any 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 required to be taken before a magistrate, the person shall, in the discretion of the peace officer, either be given a misdemeanor citation, or be taken without unnecessary delay before the proper magistrate. Any such person shall be taken before the magistrate when the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.

      (Added to NRS by 1973, 156)

      NRS 171.1772  Issuance of citation after arrest by private person.  Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested may be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate by the peace officer if:

      1.  The person arrested furnishes satisfactory evidence of identity; and

      2.  The peace officer has reasonable grounds to believe that the person arrested will keep a written promise to appear in court.

      (Added to NRS by 1973, 1157; A 1975, 1201; 2001, 2023)

      NRS 171.1773  Form and contents of citation: When person detained by peace officer.

      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 before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer may 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 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.

      (Added to NRS by 1973, 156; A 1991, 16; 1999, 1141)

      NRS 171.1774  Form and contents of citation: When issued after arrest by private person.

      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 state registration number of the person’s vehicle, if any;

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

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

      (f) Such other pertinent information as may be necessary; and

      (g) 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.

      (Added to NRS by 1973, 1157; A 1991, 16; 1999, 1142)

      NRS 171.1775  Preparation of citations: Use of citation book or electronic device; maintenance of records relating to citation book or electronic device.

      1.  Every county, city or town law enforcement agency in this state shall provide in appropriate form misdemeanor citations containing notices to appear which must meet the requirements of NRS 171.177 to 171.1779, inclusive, and be:

      (a) Issued in books; or

      (b) Available through an electronic device used to prepare the citations.

      2.  The chief administrative officer of each law enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book, each electronic device and each citation contained therein issued to individual members of the law enforcement agency. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.

      (Added to NRS by 1973, 157, 1158; A 1991, 17; 1999, 1143)

      NRS 171.17751  Designation of certain state, county and city officers to prepare, sign and serve citations.

      1.  Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by the chief officer, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125, and other persons charged with the enforcement of county or city ordinances, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

      2.  The Chief Medical Officer and the health officer of each county, district and city may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.

      3.  The Chief of the Manufactured Housing Division of the Department of Business and Industry may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the Division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.

      4.  The State Contractors’ Board may designate certain of its employees to prepare, sign and serve written citations on persons pursuant to subsection 2 of NRS 624.115.

      5.  An employee designated pursuant to this section:

      (a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which the employee works;

      (b) May, if employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which the employee is employed; and

      (c) Shall comply with the provisions of NRS 171.1773.

      (Added to NRS by 1979, 871; A 1981, 564, 858; 1987, 377; 1989, 279; 1993, 81, 1330, 1511, 2515; 1995, 583; 1999, 2966; 2005, 1382)

      NRS 171.1776  Issued citations: Filing with court; disposition of charges by court; unlawful acts; maintenance of records.

      1.  Every peace officer upon issuing a misdemeanor citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged violator of any provision of a county, city or town ordinance or of a state law which is punishable as a misdemeanor shall file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense.

      2.  A copy of a misdemeanor citation that is prepared electronically may be filed electronically with a court having jurisdiction over the alleged offense if the court:

      (a) Authorizes such electronic filing;

      (b) Has the ability to receive and store the citation electronically; and

      (c) Has the ability to physically reproduce the citation upon request.

      3.  Upon the filing of the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense, such original or copy of such misdemeanor citation may be disposed of only by trial in such court or other official action by a judge of such court.

      4.  It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a misdemeanor citation or copies thereof or of the record of the issuance of a misdemeanor citation in a manner other than as required in this section.

      5.  The chief administrative officer of every county, city or town law enforcement agency shall require the return of a physical copy or electronic record of every misdemeanor citation issued by an officer under the chief administrative officer’s supervision to an alleged misdemeanant and of all physical copies or electronic records of every misdemeanor citation which has been spoiled or upon which any entry has been made and not issued to an alleged misdemeanant.

      6.  Such chief administrative officer shall also maintain or cause to be maintained in connection with every misdemeanor citation issued by an officer under the chief administrative officer’s supervision a record of the disposition of the charge by the court in which the original or copy of the misdemeanor citation was filed.

      (Added to NRS by 1973, 157, 1158; A 1999, 1143)

      NRS 171.1777  Issued citations: Audit of records.  Every record of misdemeanor citations required by NRS 171.177 to 171.1779, inclusive, shall be audited at least semiannually by the appropriate fiscal officer of the governmental agency to which the law enforcement agency is responsible.

      (Added to NRS by 1973, 158, 1159)

      NRS 171.1778  Citation filed with court deemed complaint for purpose of prosecution.  If the form of citation:

      1.  Includes information whose truthfulness is attested as required for a complaint charging commission of the offense alleged in the citation to have been committed; or

      2.  Is prepared electronically,

Ê then the citation when filed with a court of competent jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.

      (Added to NRS by 1973, 158, 1159; A 1983, 446; 1999, 1144)

      NRS 171.17785  Effect of violation of written promise to appear; appearance by counsel in lieu of personal appearance authorized.

      1.  It is unlawful for a person to violate a written promise to appear given to a peace officer upon the issuance of a misdemeanor citation prepared manually or electronically, regardless of the disposition of the charge for which the citation was originally issued.

      2.  A person may comply with a written promise to appear in court by an appearance by counsel.

      3.  A warrant may issue upon a violation of a written promise to appear.

      (Added to NRS by 1999, 1141)

      NRS 171.1779  NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws.  The provisions of NRS 171.177 to 171.1779, inclusive, do not apply to those situations in which a person is detained by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS.

      (Added to NRS by 1973, 158, 1159)

PROCEEDINGS BEFORE MAGISTRATE

      NRS 171.178  Appearance before magistrate; release from custody by arresting officer.

      1.  Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.

      2.  A private person making an arrest without a warrant shall deliver the arrested person without unnecessary delay to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.

      3.  If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:

      (a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and

      (b) May release the arrested person if the magistrate determines that the person was not brought before a magistrate without unnecessary delay.

      4.  When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith.

      5.  Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, the defendant must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.

      6.  A peace officer may immediately release from custody without any further proceedings any person the peace officer arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.

      (Added to NRS by 1967, 1404; A 1971, 574; 1975, 1201; 1979, 323, 1190; 1997, 3356; 2001, 2023)

      NRS 171.182  Proceedings before another magistrate.  If the defendant is brought before a magistrate in the same county, other than the one who issued the warrant, the affidavits and depositions on which the warrant was granted, if the defendant insists upon an examination, must be sent to that magistrate, or, if they cannot be procured, the prosecutor and the prosecutor’s witnesses must be summoned to give their testimony anew.

      (Added to NRS by 1967, 1405)

      NRS 171.184  Proceedings upon complaint for offenses triable in another county.

      1.  When a complaint is laid before a magistrate of the commission of a public offense triable in another county of the State, but showing that the defendant is in the county where the complaint is laid, the same proceedings must be had as prescribed in this chapter except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the depositions of the complainant or prosecutor, and of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.

      2.  The officer who executed the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver the depositions and the warrant, with the officer’s return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by the magistrate.

      3.  If the offense charged in the warrant issued pursuant to subsection 1 is a misdemeanor, the officer must, upon being required by the defendant, take the defendant before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, depositions and undertaking to the justice of the peace or clerk of the court in which the defendant is required to appear.

      (Added to NRS by 1967, 1405)

      NRS 171.1845  Proceedings upon discovery of another arrest warrant outstanding in another county.

      1.  If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant for the person’s arrest outstanding in another county of this State, the magistrate may release the person in accordance with the provisions of NRS 178.484 or 178.4851 if:

      (a) The warrant arises out of a public offense which constitutes a misdemeanor; and

      (b) The person provides a suitable address where the magistrate who issued the warrant in the other county can notify the person of a time and place to appear.

      2.  If a person is released under the provisions of this section, the magistrate who releases the person shall transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with the person’s address, to the magistrate who issued the warrant. Upon receipt of the cash, bonds, notes or agreement and address, the magistrate who issued the warrant shall notify the person of a time and place to appear.

      3.  Any bail set under the provisions of this section must be in addition to and apart from any bail set for any public offense with which a person is charged in the county in which a magistrate is setting bail. In setting bail under the provisions of this section, a magistrate shall set the bail in an amount which is sufficient to induce a reasonable person to travel to the county in which the warrant for the arrest is outstanding.

      4.  A person who fails to appear in the other county as ordered is guilty of failing to appear and shall be punished as provided in NRS 199.335. A sentence of imprisonment imposed for failing to appear in violation of this section must be imposed consecutively to a sentence of imprisonment for the offense out of which the warrant arises.

      (Added to NRS by 1973, 612; A 1981, 1583; 1999, 1844)

      NRS 171.186  Rights of defendant before preliminary examination.  The magistrate or master shall inform the defendant of the complaint and of any affidavit filed therewith, of the right to retain counsel, of the right to request the assignment of counsel if the defendant is unable to obtain counsel, and of the right to have a preliminary examination. The magistrate or master shall also inform the defendant that the defendant is not required to make a statement and that any statement made may be used against him or her. The magistrate shall allow the defendant reasonable time and opportunity to consult counsel, and shall admit the defendant to bail as provided in this title.

      (Added to NRS by 1967, 1405; A 1977, 1571)

      NRS 171.188  Procedure for appointment of attorney for indigent defendant.

      1.  Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an attorney to represent the defendant.

      2.  The request must be accompanied by the defendant’s affidavit, which must state:

      (a) That the defendant is without means of employing an attorney; and

      (b) Facts with some particularity, definiteness and certainty concerning the defendant’s financial disability.

      3.  The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he or she considers necessary. If the district judge, justice of the peace, municipal judge or master:

      (a) Finds that the defendant is without means of employing an attorney; and

      (b) Otherwise determines that representation is required,

Ê the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant. If the appropriate public defender is unable to represent the defendant, or other good cause appears, another attorney must be appointed.

      4.  The county or State Public Defender must be reimbursed by the city for costs incurred in appearing in municipal court. The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court. If a private attorney is appointed as provided in this section, the private attorney must be reimbursed by the county for appearance in Justice Court or the city for appearance in municipal court in an amount not to exceed $75 per case.

      (Added to NRS by 1967, 1405; A 1969, 478; 1971, 1412; 1973, 357; 1977, 1571; 1983, 901)

      NRS 171.192  Certification of bail; discharge of defendant.  On admitting the defendant to bail, the magistrate shall certify on the warrant the fact of having done so, and deliver the warrant and recognizance to the officer having charge of the defendant. The officer shall forthwith discharge the defendant from arrest, and shall, without delay, deliver the warrant and recognizance to the justice of the peace, magistrate or clerk of the court at which the defendant is required to appear.

      (Added to NRS by 1967, 1406)

      NRS 171.194  Procedure when arrest for capital offense.  The defendant, when arrested under a warrant for a capital offense, must be held in custody by the sheriff of the county in which the complaint is filed, unless admitted to bail after an examination or upon a writ of habeas corpus.

      (Added to NRS by 1967, 1406)

      NRS 171.196  Preliminary examination: Waiver; time for conducting; postponement; introduction of evidence and cross-examination of witnesses by defendant.

      1.  If an offense is not triable in the Justice Court, the defendant must not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall immediately hold the defendant to answer in the district court.

      2.  If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown the magistrate extends such time. Unless the defendant waives counsel, reasonable time must be allowed for counsel to appear.

      3.  Except as otherwise provided in this subsection, if the magistrate postpones the examination at the request of a party, the magistrate may order that party to pay all or part of the costs and fees expended to have a witness attend the examination. The magistrate shall not require a party who requested the postponement of the examination to pay for the costs and fees of a witness if:

      (a) It was not reasonably necessary for the witness to attend the examination; or

      (b) The magistrate ordered the extension pursuant to subsection 4.

      4.  If application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:

      (a) The application has been granted or denied; and

      (b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.

      5.  The defendant may cross-examine witnesses against him or her and may introduce evidence in his or her own behalf.

      (Added to NRS by 1967, 1406; A 1971, 159; 1997, 116)

      NRS 171.1965  Discovery by defendant before preliminary examination; material subject to discovery; effect of failure to permit discovery.

      1.  At the time a person is brought before a magistrate pursuant to NRS 171.178, or as soon as practicable thereafter, but not less than 5 judicial days before a preliminary examination, the prosecuting attorney shall provide a defendant charged with a felony or a gross misdemeanor with copies of any:

      (a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness or witnesses, or any reports of statements or confessions, or copies thereof, within the possession or custody of the prosecuting attorney;

      (b) Results or reports of physical or mental examinations, scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession or custody of the prosecuting attorney; and

      (c) Books, papers, documents or tangible objects that the prosecuting attorney intends to introduce in evidence during the case in chief of the State, or copies thereof, within the possession or custody of the prosecuting attorney.

      2.  The defendant is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum that is prepared by or on behalf of the prosecuting attorney in connection with the investigation or prosecution of the case.

      (b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the Constitution or laws of this State or the Constitution of the United States.

      3.  The provisions of this section are not intended to affect any obligation placed upon the prosecuting attorney by the Constitution of this State or the Constitution of the United States to disclose exculpatory evidence to the defendant.

      4.  The magistrate shall not postpone a preliminary examination at the request of a party based solely on the failure of the prosecuting attorney to permit the defendant to inspect, copy or photograph material as required in this section, unless the court finds that the defendant has been prejudiced by such failure.

      (Added to NRS by 1997, 2364; A 2009, 486)

      NRS 171.197  Use of affidavit at preliminary examination: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances.

      1.  If a witness resides outside this State or more than 100 miles from the place of a preliminary examination, the witness’s affidavit may be used at the preliminary examination if it is necessary for the district attorney to establish as an element of any offense that:

      (a) The witness was the owner, possessor or occupant of real or personal property; and

      (b) The defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness.

      2.  If a financial institution does not maintain any principal or branch office within this State or if a financial institution that maintains a principal or branch office within this State does not maintain any such office within 100 miles of the place of a preliminary examination, the affidavit of a custodian of the records of the financial institution or the affidavit of any other qualified person of the financial institution may be used at the preliminary examination if it is necessary for the district attorney to establish as an element of any offense that:

      (a) When a check or draft naming the financial institution as drawee was drawn or passed, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full upon its presentation; or

      (b) When a check or draft naming the financial institution as drawee was presented for payment to the financial institution, the account or purported account upon which the check or draft was drawn did not exist, was closed or held insufficient money, property or credit to pay the check or draft in full.

      3.  The district attorney shall provide either written or oral notice to the defendant, not less than 10 days before the scheduled preliminary examination, that the district attorney intends to use an affidavit described in this section at the preliminary examination.

      4.  If, at or before the time of the preliminary examination, the defendant establishes that:

      (a) There is a substantial and bona fide dispute as to the facts in an affidavit described in this section; and

      (b) It is in the best interests of justice that the person who signed the affidavit be cross-examined,

Ê the magistrate may order the district attorney to produce the person who signed the affidavit and may continue the examination for any time it deems reasonably necessary in order to receive such testimony.

      (Added to NRS by 1993, 548; A 1999, 163)

      NRS 171.1975  Use of audiovisual technology to present live testimony at preliminary examination: When permitted; notice by requesting party; opportunity to object; requirements for taking and preserving testimony; limitations on subsequent use.

      1.  If a witness resides more than 500 miles from the place of a preliminary examination or is unable to attend the preliminary examination because of a medical condition, a party may, not later than 14 days before the preliminary examination, file a request that the magistrate allow the witness to testify at the preliminary examination through the use of audiovisual technology. A party who requests that the magistrate allow a witness to testify through the use of audiovisual technology shall provide written notice of the request to the opposing party at or before the time of filing the request.

      2.  Not later than 7 days after receiving notice of a request that the magistrate allow a witness to testify at the preliminary examination through the use of audiovisual technology, the opposing party may file an objection to the request. If the opposing party fails to file a timely objection to the request, the opposing party shall be deemed to have consented to the granting of the request.

      3.  Regardless of whether or not the opposing party files an objection to a request that the magistrate allow a witness to testify at the preliminary examination through the use of audiovisual technology, the magistrate may allow the witness to testify at the preliminary examination through the use of audiovisual technology only if the magistrate finds that good cause exists to grant the request based upon the specific facts and circumstances of the case.

      4.  If the magistrate allows a witness to testify at the preliminary examination through the use of audiovisual technology:

      (a) The testimony of the witness must be:

             (1) Taken by a certified videographer who is in the physical presence of the witness. The certified videographer shall sign a written declaration, on a form provided by the magistrate, which states that the witness does not have in his or her possession any notes or other materials to assist in the witness’s testimony.

             (2) Recorded and preserved through the use of a videotape or other means of audiovisual recording technology.

             (3) Transcribed by a certified court reporter.

      (b) Before giving testimony, the witness must be sworn and must sign a written declaration, on a form provided by the magistrate, which acknowledges that the witness understands that he or she is subject to the jurisdiction of the courts of this state and may be subject to criminal prosecution for the commission of any crime in connection with his or her testimony, including, without limitation, perjury, and that the witness consents to such jurisdiction.

      (c) During the preliminary examination, the witness must not be asked to identify the defendant, but the witness may be asked to testify regarding the facts and circumstances surrounding any previous identification of the defendant.

      (d) The original recorded testimony of the witness must be filed with the district court, and copies of the recorded testimony of the witness must be provided to each party.

      (e) The testimony of the witness may not be used by any party upon the trial of the cause or in any proceeding therein in lieu of the direct testimony of the witness, but the court may allow the testimony of the witness to be used for any other lawful purpose.

      5.  Audiovisual technology used pursuant to this section must ensure that the witness may be:

      (a) Clearly heard and seen; and

      (b) Examined and cross-examined.

      6.  As used in this section, “audiovisual technology” includes, without limitation, closed-circuit video and videoconferencing.

      (Added to NRS by 2001, 543)

      NRS 171.198  Reporting testimony of witnesses.

      1.  Except as otherwise provided in subsection 2, a magistrate shall employ a certified court reporter to take down all the testimony and the proceedings on the hearing or examination and, within such time as the court may designate, have such testimony and proceedings transcribed into typewritten transcript.

      2.  A magistrate who presides over a preliminary hearing in a justice court, in any case other than in a case in which the death penalty is sought, may employ a certified court reporter to take down all the testimony and the proceedings on the hearing or appoint a person to use sound recording equipment to record all the testimony and the proceedings on the hearing. If the magistrate appoints a person to use sound recording equipment to record the testimony and proceedings on the hearing, the testimony and proceedings must be recorded and transcribed in the same manner as set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the testimony and proceedings produced from a recording conducted pursuant to this subsection is subject to the provisions of this section in the same manner as a transcript produced by a certified court reporter.

      3.  When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this title.

      4.  Before the date set for trial, either party may move the court before which the case is pending to add to, delete from or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.

      5.  The compensation for the services of a reporter employed as provided in this section are the same as provided in NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.

      6.  Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of the magistrate’s county, and if the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished to the defendant and to the district attorney.

      7.  The testimony so taken may be used:

      (a) By the defendant; or

      (b) By the State if the defendant was represented by counsel or affirmatively waived his or her right to counsel,

Ê upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the State, dead, or persistent in refusing to testify despite an order of the judge to do so, or when the witness’s personal attendance cannot be had in court.

      (Added to NRS by 1967, 1406; A 1973, 1322; 1987, 911; 1989, 1272; 1993, 75, 1411, 2024; 1995, 570; 2009, 633)

      NRS 171.202  District attorney to prosecute at preliminary examination where felony or gross misdemeanor charged.  The district attorney of the proper county shall be present at and conduct the prosecution in all preliminary examinations where a felony or gross misdemeanor is charged.

      (Added to NRS by 1967, 1407)

      NRS 171.204  Exclusion of persons; exceptions.

      1.  Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of any party or on the magistrate’s own motion, exclude from the examination every person except:

      (a) The magistrate’s clerk;

      (b) The Attorney General;

      (c) The prosecuting attorney;

      (d) An investigating officer, after the investigating officer has testified as a prosecuting witness and the investigating officer’s cross-examination has been completed;

      (e) Any counsel for the victim;

      (f) The victim, after the victim has testified as a prosecuting witness and the victim’s cross-examination has been completed;

      (g) The defendant and the defendant’s counsel;

      (h) The witness who is testifying;

      (i) The officer having the defendant or a witness in the officer’s custody;

      (j) An attendant to a witness designated pursuant to NRS 178.571; and

      (k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.

      2.  A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.

      3.  As used in this section, “victim” includes any person described in NRS 178.569.

      (Added to NRS by 1967, 1407; A 1969, 628; 1983, 891; 1995, 72, 996; 1997, 72, 513)

      NRS 171.206  Procedure following preliminary examination.  If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith hold the defendant to answer in the district court; otherwise the magistrate shall discharge the defendant. The magistrate shall admit the defendant to bail as provided in this title. After concluding the proceeding the magistrate shall transmit forthwith to the clerk of the district court all papers in the proceeding and any bail.

      (Added to NRS by 1967, 1407)

      NRS 171.208  Remand for preliminary examination.  If a preliminary examination has not been had and the defendant has not unconditionally waived the examination, the district court may for good cause shown at any time before a plea has been entered or an indictment found remand the defendant for preliminary examination to the appropriate justice of the peace or other magistrate, and the justice or other magistrate shall then proceed with the preliminary examination as provided in this chapter.

      (Added to NRS by 1967, 1407; A 1987, 1188)