[Rev. 10/12/2015 2:10:31 PM]

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      Sec. 9. NRS 179.045 is hereby amended to read as follows:

      179.045  1.  A search warrant may issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant or as provided in subsection [2.] 3. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, the magistrate shall issue a warrant identifying the property and naming or describing the person or place to be searched.

      2.  Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 1, and for the issuance of a search warrant by a magistrate. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this subsection.

      3.  In lieu of the affidavit required by subsection 1, the magistrate may take an oral statement given under oath, which must be recorded in the presence of the magistrate or in the magistrate’s immediate vicinity by a certified court reporter or by electronic means, transcribed, certified by the reporter if the reporter recorded it, and certified by the magistrate. The statement must be filed with the clerk of the court.

      [3.]4.  Upon a showing of good cause, the magistrate may order an affidavit or a recording of an oral statement given pursuant to this section to be sealed. Upon a showing of good cause, a court may cause the affidavit or recording to be unsealed.

      [4.]5.  After a magistrate has issued a search warrant, whether it is based on an affidavit or an oral statement given under oath, the magistrate may orally authorize a peace officer to sign the name of the magistrate on a duplicate original warrant. A duplicate original search warrant shall be deemed to be a search warrant. It must be returned to the magistrate who authorized the signing of it. The magistrate shall endorse his or her name and enter the date on the warrant when it is returned. Any failure of the magistrate to make such an endorsement and entry does not in itself invalidate the warrant.

      [5.]6.  The warrant must be directed to a peace officer in the county where the warrant is to be executed. It must:

      (a) State the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof; or

      (b) Incorporate by reference the affidavit or oral statement upon which it is based.

Ê The warrant must command the officer to search forthwith the person or place named for the property specified.

      [6.]7.  The warrant must direct that it be served between the hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing of good cause therefor, inserts a direction that it be served at any time.

      [7.]8.  The warrant must designate the magistrate to whom it is to be returned.

      9.  As used in this section, “secure electronic transmission” means the sending of information from one computer system to another computer system in such a manner as to ensure that:

      (a) No person other than the intended recipient receives the information;

      (b) The identity of the sender of the information can be authenticated; and

 


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      (c) The information which is received by the intended recipient is identical to the information that was sent.

      Sec. 10. NRS 179.410 is hereby amended to read as follows:

      179.410  As used in NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act, except where the context otherwise requires, the words and terms defined in NRS 179.415 to 179.455, inclusive, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 179.415 is hereby amended to read as follows:

      179.415  “Aggrieved person” means a person who was a party to any intercepted wire , electronic or oral communication or a person against whom the interception was directed.

      Sec. 12. NRS 179.420 is hereby amended to read as follows:

      179.420  “Contents” when used with respect to any wire , electronic or oral communication includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

      Sec. 13. NRS 179.425 is hereby amended to read as follows:

      179.425  “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire , electronic or oral communication other than:

      1.  Any telephone instrument, equipment or facility, or any component thereof:

      (a) Furnished to the subscriber or user by a [communications common carrier] provider of electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; [or]

      (b) Furnished by the subscriber or user for connection to the facilities of an electronic communication service and being used by the subscriber or user in the ordinary course of its business; or

      (c) Being used by a [communications common carrier] provider of electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his or her duties.

      2.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

      Sec. 14. NRS 179.430 is hereby amended to read as follows:

      179.430  “Intercept” means the aural acquisition of the contents of any wire , electronic or oral communication through the use of any electronic, mechanical or other device or of any sending or receiving equipment.

      Sec. 15. NRS 179.435 is hereby amended to read as follows:

      179.435  “Investigative or law enforcement officer” means any officer of the United States or this State or a political subdivision thereof who is empowered by the law of this state to conduct investigations of or to make arrests for felonies, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

      Sec. 16. NRS 179.440 is hereby amended to read as follows:

      179.440  “Oral communication” means any verbal message uttered by a person exhibiting an expectation that such communication is not subject to interception, under circumstances justifying such expectation. The term does not include an electronic communication.

 


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      Sec. 17. NRS 179.455 is hereby amended to read as follows:

      179.455  “Wire communication” means any [communication] aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception , including the use of such connection in a switching station, furnished or operated by any person engaged [as a common carrier] in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications.

      Sec. 18. NRS 179.460 is hereby amended to read as follows:

      179.460  1.  The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire , electronic or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, and sections 7 and 8 of this act, grant an order authorizing the interception of wire , electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468 or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.

      2.  A [good faith reliance by] provider of electronic communication service or a public utility [on a court order shall constitute a complete defense to any civil or criminal action brought against the public utility on account of] , an officer, employee or agent thereof or another person associated with the provider of electronic communication service or public utility who, pursuant to an order issued pursuant to subsection 1, provides information or otherwise assists an investigative or law enforcement officer in the interception of a wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.

      3.  As used in this section, “sexual offense against a child” includes any act upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262;

      (d) Sexual assault pursuant to NRS 200.366;

      (e) Statutory sexual seduction pursuant to NRS 200.368;

      (f) Open or gross lewdness pursuant to NRS 201.210; or

      (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      Sec. 19. NRS 179.465 is hereby amended to read as follows:

      179.465  1.  Any investigative or law enforcement officer who, by any means authorized by NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act or 704.195 or 18 U.S.C. §§ 2510 to [2520,] 2522, inclusive, has obtained knowledge of the contents of any wire , electronic or oral communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer or use the contents to the extent that the disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

 


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contents to the extent that the disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

      2.  Any person who has received, by any means authorized by NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act or 704.195 or 18 U.S.C. §§ 2510 to [2520,] 2522, inclusive, or by a statute of another state, any information concerning a wire , electronic or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court or before any grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.

      3.  An otherwise privileged wire , electronic or oral communication intercepted in accordance with, or in violation of, the provisions of NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act or 18 U.S.C. §§ 2510 to [2520,] 2522, inclusive, does not lose its privileged character.

      4.  When an investigative or law enforcement officer engaged in intercepting wire , electronic or oral communications as authorized by NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act intercepts wire , electronic or oral communications relating to offenses other than those specified in the order provided for in NRS 179.460, the contents of the communications and the evidence derived therefrom may be disclosed or used as provided in subsection 1. The direct evidence derived from the communications is inadmissible in a criminal proceeding, but any other evidence obtained as a result of knowledge obtained from the communications may be disclosed or used as provided in subsection 2 when authorized or approved by a justice of the Supreme Court or district judge who finds upon application made as soon as practicable that the contents of the communications were intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act or 18 U.S.C. §§ 2510 to [2520,] 2522, inclusive.

      Sec. 20. NRS 179.470 is hereby amended to read as follows:

      179.470  1.  Each application for an order authorizing the interception of a wire , electronic or oral communication must be made in writing upon oath or affirmation to a justice of the Supreme Court or district judge and must state the applicant’s authority to make such application. Each application must include the following information:

      (a) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application.

      (b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify the applicant’s belief that an order should be issued, including:

             (1) Details as to the particular offense that is being, has been or is about to be committed.

             (2) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, the facilities to be used and the means by which such interception is to be made.

             (3) A particular description of the type of communications sought to be intercepted.

 


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             (4) The identity of the person, if known, who is committing, has committed or is about to commit an offense and whose communications are to be intercepted.

      (c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.

      (d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.

      (e) A full and complete statement of the facts concerning all previous applications known to the person authorizing and making the application made to any judge for authorization to intercept wire , electronic or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application.

      (f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

      2.  The judge may require the applicant to furnish additional testimony or documentary evidence under oath or affirmation in support of the application. Oral testimony must be reduced to writing.

      3.  Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire , electronic or oral communications within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that:

      (a) There is probable cause for belief that a person is committing, has committed or is about to commit an offense for which interception is authorized by NRS 179.460.

      (b) There is probable cause for belief that particular communications concerning that offense will be obtained through such interception.

      (c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or appear to be too dangerous.

      (d) There is probable cause for belief that the facilities from which, or the place where, the wire , electronic or oral communications are to be intercepted are being used or are about to be used by such person in connection with the commission of such offense or are leased to, listed in the name of, or commonly used by such person.

      4.  The judge may accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to this section as an original signature to the application.

      Sec. 21. NRS 179.475 is hereby amended to read as follows:

      179.475  1.  Each order authorizing the interception of any wire , electronic or oral communication [shall] must specify:

      (a) The identity of the person, if known, whose communications are to be intercepted.

 


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      (b) The nature and location of the place where or communication facilities to which authority to intercept is granted, the facilities to be used and the means by which such interceptions [shall] will be made.

      (c) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates.

      (d) The identity of the agency authorized to intercept the communications, and of the person authorizing the application.

      (e) The period of time during which such interception is authorized, including a statement as to whether or not the interception [shall] will automatically terminate when the described communication has been first obtained.

      2.  An order authorizing the interception of a wire , electronic or oral communication shall, upon request of the applicant, direct that a [communications common carrier,] provider of electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such [carrier,] provider of electronic communication service, landlord, custodian, or person is according the person whose communications are to be intercepted. Any [communications common carrier,] provider of electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance [shall] must be compensated therefor by the applicant at the prevailing rates.

      3.  No order entered under this section may authorize the interception of any wire , electronic or oral communication for any period longer than is necessary to achieve the objective of the authorization, and in no event longer than 30 days. Extensions of an order may be granted, but only upon application for an extension made in accordance with the procedures provided in NRS 179.470. The period of extension [shall] must be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof [shall] must contain a provision that the authorization to intercept [shall] must be executed as soon as practicable, [shall] must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this statute, and [shall] will terminate upon attainment of the authorized objective, or in any event in 30 days.

      Sec. 22. NRS 179.485 is hereby amended to read as follows:

      179.485  The contents of any wire , electronic or oral communication intercepted by any means authorized by NRS 179.410 to 179.515, inclusive, [shall,] and sections 2 to 8, inclusive, of this act must, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire , electronic or oral communication under this section [shall] must be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings [shall] must be made available to the judge issuing such order and sealed under the judge’s directions. Custody of the recordings [shall] must be placed with whomever the judge directs. They [shall] must not be destroyed except upon an order of the judge issuing such order and in any event [shall] must be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsection 1 of NRS 179.465 for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, is a prerequisite for the use or disclosure of the contents of any wire , electronic or oral communication or evidence derived therefrom under subsection 2 of NRS 179.465.

 


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of the seal provided for by this section, or a satisfactory explanation for the absence thereof, is a prerequisite for the use or disclosure of the contents of any wire , electronic or oral communication or evidence derived therefrom under subsection 2 of NRS 179.465.

      Sec. 23. NRS 179.495 is hereby amended to read as follows:

      179.495  1.  Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the chief of the Investigation Division of the Department of Public Safety, persons named in the order and any other parties to intercepted communications, an inventory which must include notice of:

      (a) The fact of the entry and a copy of the order.

      (b) The fact that during the period wire , electronic or oral communications were or were not intercepted.

Ê Except as otherwise provided in NRS 239.0115, the inventory filed pursuant to this section is confidential and must not be released for inspection unless subpoenaed by a court of competent jurisdiction.

      2.  The judge, upon receipt of a written request from any person who was a party to an intercepted communication or from the person’s attorney, shall make available to the person or the person’s counsel those portions of the intercepted communications which contain the person’s conversation. On an ex parte showing of good cause to a district judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.

      Sec. 24. NRS 179.500 is hereby amended to read as follows:

      179.500  The contents of any intercepted wire , electronic or oral communication or evidence derived therefrom [shall] must not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order and accompanying application under which the interception was authorized and a transcript of any communications intercepted. Such 10-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with such information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information.

      Sec. 25. NRS 179.505 is hereby amended to read as follows:

      179.505  1.  Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency or other authority of this State, or a political subdivision thereof, may move to suppress the contents of any intercepted wire , electronic or oral communication, or evidence derived therefrom, on the grounds that:

      (a) The communication was unlawfully intercepted.

      (b) The order of authorization under which it was intercepted is insufficient on its face.

      (c) The interception was not made in conformity with the order of authorization.

      (d) The period of the order and any extension had expired.

      2.  Such a motion [shall] must be made before the trial, hearing or proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire , electronic or oral communication, or evidence derived therefrom, [shall] must be treated as having been obtained in violation of NRS 179.410 to 179.515, inclusive [.]

 


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evidence derived therefrom, [shall] must be treated as having been obtained in violation of NRS 179.410 to 179.515, inclusive [.] , and sections 2 to 8, inclusive, of this act. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the aggrieved person’s counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.

      Sec. 26. NRS 179.515 is hereby amended to read as follows:

      179.515  1.  In January of each year, the Attorney General and the district attorney of each county shall report to the Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519. A copy of the report must be filed with the Investigation Division of the Department of Public Safety. In the case of a joint application by the Attorney General and a district attorney both shall make the report.

      2.  Every justice of the Supreme Court or district judge who signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the Investigation Division of the Department of Public Safety on forms approved by the Division a report containing the same information required to be reported pursuant to 18 U.S.C. § 2519. The report must also indicate whether a party to an intercepted wire , electronic or oral communication had consented to the interception.

      3.  The willful failure of any officer to report any information known to the officer which is required to be reported pursuant to subsection 1 or 2 constitutes malfeasance in office and, in such cases, the Secretary of State shall, when the wrong becomes known to the Secretary of State, institute legal proceedings for the removal of that officer.

      4.  The Investigation Division of the Department of Public Safety shall, on or before April 30 of each year, compile a report consisting of a summary and analysis of all reports submitted to the Division pursuant to this section during the previous calendar year. The report is a public record and may be inspected by any person during the regular office hours of the Division.

      Sec. 27. NRS 199.540 is hereby amended to read as follows:

      199.540  1.  It is unlawful for an officer or employee of a court or law enforcement agency, or any employee of a [communications common carrier,] provider of electronic communication service, landlord, custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire , electronic or oral communication, having knowledge that an order has been applied for or has been issued authorizing the interception of a wire , electronic or oral communication in accordance with NRS 179.410 to 179.515, inclusive, and sections 2 to 8, inclusive, of this act to:

      (a) Give notice of the interception; or

      (b) Attempt to give notice of the interception,

Ê to any person with the intent to obstruct, impede or prevent the interception of the wire , electronic or oral communication.

      2.  It is unlawful for an officer or employee of a court or law enforcement agency, or any employee of a [communications common carrier,] provider of electronic communication service, landlord, custodian or other person who is ordered pursuant to subsection 2 of NRS 179.475 to furnish information, facilities and technical assistance necessary to accomplish an authorized interception of a wire , electronic or oral communication, having knowledge that an order has been applied for or has been issued authorizing the use of a pen register or trap and trace device to:

 


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accomplish an authorized interception of a wire , electronic or oral communication, having knowledge that an order has been applied for or has been issued authorizing the use of a pen register or trap and trace device to:

      (a) Give notice of the use of the pen register or device; or

      (b) Attempt to give notice of the use of the pen register or device,

Ê to any person with the intent to obstruct, impede or prevent that use.

      3.  A person who violates any provision of subsection 1 or 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 28.  This act becomes effective upon passage and approval.

________

CHAPTER 435, SB 79

Senate Bill No. 79–Committee on Revenue and Economic Development

 

CHAPTER 435

 

[Approved: June 9, 2015]

 

AN ACT relating to taxation; distinguishing alternative nicotine products and vapor products from other tobacco products for purposes of regulations and taxation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Department of Taxation to regulate and collect a tax on cigarettes and other tobacco products. (Chapter 370 of NRS) Sections 1.3, 1.7, 4.5, 6 and 8 of this bill provide that certain alternative nicotine products and vapor products are not regulated and taxed as other tobacco products. Sections 8-16 and 18 of this bill further revise provisions governing the regulation and taxation of cigarettes and other tobacco products to clarify that the undefined term “product made from tobacco, other than cigarettes” is synonymous with the defined term “other tobacco product” by replacing each instance of the former term with the latter throughout the provisions governing the regulation and taxation of cigarettes and other tobacco products.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. The term does not include:

      1.  A vapor product;

      2.  A product made or derived from tobacco; or

      3.  Any product regulated by the United States Food and Drug Administration under subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

 


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      Sec. 1.7. “Vapor product”:

      1.  Means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine in a solution or other form.

      2.  Includes, without limitation:

      (a) An electronic cigarette, cigar, cigarillo or pipe or a similar product or device; and

      (b) A vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo or pipe or a similar product or device.

      3.  Does not include any product regulated by the United States Food and Drug Administration pursuant to subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

      Sec. 2. NRS 370.001 is hereby amended to read as follows:

      370.001  As used in NRS 370.001 to 370.430, inclusive, and sections 1.3 and 1.7 of this act, and 370.505 to 370.530, inclusive, unless the context otherwise requires, the words and terms defined in NRS 370.005 to 370.055, inclusive, and sections 1.3 and 1.7 of this act have the meanings ascribed to them in those sections.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 4.5. NRS 370.0318 is hereby amended to read as follows:

      370.0318  “Other tobacco product” means any tobacco of any description or any product made from tobacco, other than cigarettes [.] , alternative nicotine products and vapor products.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 370.085 is hereby amended to read as follows:

      370.085  The Department shall create and maintain on its Internet website and otherwise make available for public inspection a list of all:

      1.  Currently valid licenses and the identity of the licensees holding those licenses; and

      2.  Indian tribes on whose reservations or colonies cigarettes or other tobacco products [made from tobacco] are sold and, pursuant to NRS 370.515, from which the Department does not collect the tax imposed by this chapter on such cigarettes or other tobacco products [made from tobacco] sold on the reservations or colonies.

Ê The Department shall update the list at least once each month.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 370.440 is hereby amended to read as follows:

      370.440  As used in NRS 370.440 to 370.503, inclusive, unless the context otherwise requires:

      1.  “Alternative nicotine product” has the meaning ascribed to it in section 1.3 of this act.

      2.  “Other tobacco product” has the meaning ascribed to it in NRS 370.0318.

      3.  “Retail dealer” means any person who is engaged in selling other tobacco products . [made from tobacco, other than cigarettes, to customers.

      2.] 4.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of other tobacco products . [made from tobacco, other than cigarettes.

 


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      3.] 5.  “Ultimate consumer” means a person who purchases [a product made from tobacco, other than cigarettes,] one or more other tobacco products for his or her household or personal use and not for resale.

      [4.]6.  “Wholesale dealer” means any person who:

      (a) Brings or causes to be brought into this State other tobacco products [made from tobacco, other than cigarettes,] purchased from the manufacturer or a wholesale dealer and who stores, sells or otherwise disposes of [those] such other tobacco products within this State;

      (b) Manufactures or produces other tobacco products [made from tobacco, other than cigarettes,] within this State and who sells or distributes [those] such other tobacco products within this State to other wholesale dealers, retail dealers or ultimate consumers; or

      (c) Purchases other tobacco products [made from tobacco, other than cigarettes,] solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only.

      [5.]7.  “Wholesale price” means:

      (a) Except as otherwise provided in paragraph (b), the established price for which [a product made from tobacco, other than cigarettes, is] other tobacco products are sold to a wholesale dealer before any discount or other reduction is made.

      (b) For [a product made from tobacco, other than cigarettes,] other tobacco products sold to a retail dealer or an ultimate consumer by a wholesale dealer described in paragraph (b) of subsection [4,] 6, the established price for which the other tobacco product is sold to the retail dealer or ultimate consumer before any discount or other reduction is made.

      Sec. 9. NRS 370.450 is hereby amended to read as follows:

      370.450  1.  Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of other tobacco products [made from tobacco, other than cigarettes,] by a customer in this State a tax of 30 percent of the wholesale price of those products.

      2.  The provisions of subsection 1 do not apply to those products which are:

      (a) Shipped out of the State for sale and use outside the State;

      (b) Displayed or exhibited at a trade show, convention or other exhibition in this State by a manufacturer or wholesale dealer who is not licensed in this State; or

      (c) Acquired free of charge at a trade show, convention or other exhibition or public event in this State, and which do not have significant value as determined by the Department by regulation.

      3.  This tax must be collected and paid by the wholesale dealer to the Department, in accordance with the provisions of NRS 370.465, after the sale or distribution of [those] the other tobacco products by the wholesale dealer. The wholesale dealer is entitled to retain 0.25 percent of the taxes collected to cover the costs of collecting and administering the taxes if the taxes are paid in accordance with the provisions of NRS 370.465.

      4.  Any wholesale dealer who sells or distributes [any of those] other tobacco products without paying the tax provided for by this section is guilty of a misdemeanor.

      Sec. 10. NRS 370.460 is hereby amended to read as follows:

      370.460  It is unlawful for any person to sell or offer to sell [any] other tobacco products [made from tobacco, other than cigarettes,] on which the tax is not paid as provided for in NRS 370.450.

 


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      Sec. 11. NRS 370.465 is hereby amended to read as follows:

      370.465  1.  A wholesale dealer shall, not later than 20 days after the end of each month, submit to the Department a report on a form prescribed by the Department setting forth each sale of other tobacco products [made from tobacco, other than cigarettes,] that the wholesale dealer made during the previous month.

      2.  Each report submitted pursuant to this section on or after August 20, 2001, must be accompanied by the tax owed pursuant to NRS 370.450 for other tobacco products [made from tobacco, other than cigarettes,] that were sold by the wholesale dealer during the previous month.

      3.  The Department may impose a penalty on a wholesale dealer who violates any of the provisions of this section as follows:

      (a) For the first violation within 7 years, a fine of $1,000.

      (b) For a second violation within 7 years, a fine of $5,000.

      (c) For a third or subsequent violation within 7 years, revocation of the license of the wholesale dealer.

      Sec. 12. NRS 370.470 is hereby amended to read as follows:

      370.470  A wholesale dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this State itemized invoices of all other tobacco products [made from tobacco, other than cigarettes,] purchased from and delivered by the manufacturer or wholesale dealer who is not licensed in this State. The wholesale dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this State separate invoices for each purchase made. The invoice must include:

      1.  The name and address of the manufacturer or wholesale dealer who is not licensed in this State;

      2.  The name and address of the wholesale dealer;

      3.  The date of the purchase; and

      4.  The quantity and wholesale price of [those] the other tobacco products.

      Sec. 13. NRS 370.480 is hereby amended to read as follows:

      370.480  1.  Every wholesale dealer must keep at its place of business complete and accurate records for that place of business, including copies of all invoices of other tobacco products [made from tobacco, other than cigarettes,] which the wholesale dealer holds, purchases and delivers, distributes or sells in this State. All records must be preserved for at least 3 years after the date of purchase or after the date of the last entry made on the record.

      2.  Every retail dealer shall keep at its place of business complete and accurate records for that place of business, including copies of all itemized invoices or purchases of [such] other tobacco products purchased and delivered from wholesale dealers. The invoices must show the name and address of the wholesale dealer and the date of the purchase. All records must be preserved for at least 3 years after the date of the purchase.

      Sec. 14. NRS 370.490 is hereby amended to read as follows:

      370.490  1.  The Department shall allow a credit of 30 percent of the wholesale price, less a discount of 0.25 percent for the services rendered in collecting the tax, for other tobacco products [made from tobacco, other than cigarettes, upon] on which the tax has been paid pursuant to NRS 370.450 and that may no longer be sold. If the other tobacco products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.

 


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      2.  A credit must also be granted for any other tobacco products [made from tobacco, other than cigarettes,] shipped from this State and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.

      3.  A wholesale dealer may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.

      Sec. 15. NRS 370.501 is hereby amended to read as follows:

      370.501  1.  The governing body of an Indian reservation or Indian colony may impose an excise tax on any other tobacco product [made from tobacco, other than cigarettes,] sold on the reservation or colony.

      2.  If an excise tax is imposed, the governing body may establish procedures for collecting the excise tax from any retail dealer authorized to do business on the reservation or colony.

      Sec. 16. NRS 370.503 is hereby amended to read as follows:

      370.503  1.  Upon proof satisfactory to the Department and subject to the requirements of NRS 360.236, a refund must be allowed for the taxes paid pursuant to NRS 370.450 [, upon] on other tobacco products [made from tobacco other than cigarettes,] that are sold to:

      (a) The United States Government for the purposes of the Army, Air Force, Navy or Marine Corps and are shipped to a point within this State to a place which has been lawfully ceded to the United States Government for the purposes of the Army, Air Force, Navy or Marine Corps;

      (b) Veterans’ hospitals for distribution or sale to service personnel with disabilities or ex-service personnel with disabilities interned therein, but not to civilians or civilian employees;

      (c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the tax imposed pursuant to NRS 370.501; or

      (d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the tax imposed pursuant to NRS 370.501.

      2.  Any refund must be paid as other claims against the State are paid.

      Sec. 17. (Deleted by amendment.)

      Sec. 18. NRS 370.515 is hereby amended to read as follows:

      370.515  The Department shall not collect the tax imposed by this chapter on cigarettes or other tobacco products [made from tobacco] sold on an Indian reservation or Indian colony if:

      1.  The governing body of the reservation or colony imposes an excise tax pursuant to NRS 370.0751 or 370.501;

      2.  The excise tax imposed is equal to or greater than the tax imposed pursuant to this chapter; and

      3.  The governing body of the colony or reservation submits a copy of the ordinance imposing the excise tax to the Department.

      Sec. 19.  This act becomes effective on July 1, 2015.

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CHAPTER 436, SB 138

Senate Bill No. 138–Senators Gustavson; and Settelmeyer

 

Joint Sponsors: Assemblymen Fiore, Ellison; Dickman, Jones and Wheeler

 

CHAPTER 436

 

[Approved: June 9, 2015]

 

AN ACT relating to criminal procedure; requiring the reporting of certain information relating to the forfeiture of property; revising provisions relating to the forfeiture of property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the seizure, forfeiture and disposition of certain property and proceeds attributable to the commission of certain crimes. (NRS 179.1156-179.121) Existing law separately provides for the seizure, forfeiture and disposition of property and proceeds attributable to any technological crime which is punishable as a felony. (NRS 179.1211-179.1235) Finally, existing law provides for the seizure, forfeiture and disposition of property and proceeds attributable to racketeering crimes. (NRS 207.350-207.520) This bill requires each law enforcement agency to submit an annual report containing certain information relating to the seizure, forfeiture and disposition of property to the Office of the Attorney General.

      Section 34.3 of this bill requires a plaintiff to file a complaint for forfeiture within 120 days after property has been seized if the property was seized without process. Section 34.3 also prohibits the forfeiture of property seized by a law enforcement agency unless: (1) the agency files a complaint for forfeiture in the district court for the county in which such property is located; or (2) a stipulated agreement between the parties is reached.

      Section 34.6 of this bill requires that, if a criminal trial is pending, an order staying a proceeding for forfeiture remains in effect until the completion of the criminal trial. Section 34.6 also requires seized property to be returned to a claimant if the criminal charges against the claimant have been denied or dismissed. Lastly, section 34.6 provides for the forfeiture of property through a claimant’s plea or a stipulated agreement reached between the claimant and the plaintiff.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-29. (Deleted by amendment.)

      Sec. 30. Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On an annual basis, each law enforcement agency shall report the following information about each individual seizure and forfeiture completed by the law enforcement agency under state forfeiture law:

      (a) Data on seizures and forfeitures, including, without limitation, the:

             (1) Date that currency, vehicles, houses or other types of property were seized;

             (2) Type of property seized, including, the year, make and model, as applicable;

             (3) Type of crime associated with the seizure of the property;

             (4) Market value of the property seized;

 


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             (5) Disposition of the property following the seizure; and

             (6) Date of the disposition of the property.

      (b) Data on the use of proceeds, including, without limitation, the:

             (1) Payment of all outstanding liens on the forfeited property;

             (2) Payment of reasonable expenses, except personnel costs, of the seizure, storage and maintenance of custody of any forfeited property; and

             (3) Distribution of proceeds pursuant to NRS 179.118, 179.1187, 179.1233 and 207.500.

      (c) Any other information required by the Office of the Attorney General.

      2.  The Office of the Attorney General shall develop standard forms, processes and deadlines for the entry of electronic data for the annual submission of the report required by subsection 1.

      3.  Each law enforcement agency shall file with the Office of the Attorney General the report required by subsection 1. A null report must be filed by a law enforcement agency that did not engage in a seizure or forfeiture during the reporting period. The Office of the Attorney General shall compile the submissions and issue an aggregate report of all forfeitures in this State.

      4.  On or before April 1 of each year, the Office of the Attorney General shall make available:

      (a) On its Internet website, the reports submitted by law enforcement agencies and the aggregate report.

      (b) Upon request, printed copies of the reports submitted by law enforcement agencies and the aggregate report.

      5.  The Office of the Attorney General shall include in the aggregate report information on any law enforcement agencies not in compliance with this section.

      Sec. 30.3. NRS 179.1156 is hereby amended to read as follows:

      179.1156  Except as otherwise provided in NRS 179.1211 to 179.1235, inclusive, and 207.350 to 207.520, inclusive, the provisions of NRS 179.1156 to 179.121, inclusive, and section 30 of this act govern the seizure, forfeiture and disposition of all property and proceeds subject to forfeiture.

      Sec. 30.7. NRS 179.1157 is hereby amended to read as follows:

      179.1157  As used in NRS 179.1156 to 179.119, inclusive, and section 30 of this act, unless the context otherwise requires, the words and terms defined in NRS 179.1158 to 179.11635, inclusive, have the meanings ascribed to them in those sections.

      Secs. 31-34.  (Deleted by amendment.)

      Sec. 34.3.NRS 179.1171 is hereby amended to read as follows:

      179.1171  1.  Except as otherwise provided in NRS 179.1156 to 179.119, inclusive, and section 30 of this act, the Nevada Rules of Civil Procedure are applicable to and constitute the rules of practice in a proceeding for forfeiture pursuant to those sections.

      2.  A proceeding for forfeiture is commenced by filing a complaint for forfeiture. If the property has been seized without process, the plaintiff shall [promptly] file the complaint for forfeiture [.] within 120 days after the property is seized. The property is subject to an action to claim its delivery only if the plaintiff does not file the complaint for forfeiture within 60 days after the property is seized. If the complaint for forfeiture is filed following the commencement of an action claiming delivery, the complaint must be treated as a counterclaim.

 


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      3.  If a law enforcement agency seizes property, the property must not be forfeited unless:

      (a) The agency files a complaint for forfeiture in the district court for the county in which the property is located; or

      (b) A stipulated agreement between the parties regarding the property is reached.

      4.  A proceeding for forfeiture is in rem. The complaint for forfeiture must be filed in the district court for the county in which the property which is the subject of the proceeding is located.

      [4.]5.  The plaintiff shall cause service of the summons and complaint to be made upon each claimant whose identity is known to the plaintiff or who can be identified through the exercise of reasonable diligence. If real property or any interest in real property is affected by the proceeding, the plaintiff shall file notice of the proceeding in the manner provided in NRS 14.010.

      [5.]6.  Each claimant served with the summons and complaint who desires to contest the forfeiture shall, within 20 days after the service, serve and file a verified answer to the complaint. The claimant shall admit or deny the averments of the complaint and shall, in short and plain terms, describe the interest which the claimant asserts in the property. Concurrently with the answer, the claimant shall serve answers or objections to any written interrogatories served with the summons and complaint.

      [6.]7.  No person, other than the plaintiff and any claimant, is a proper party in the proceeding.

      Sec. 34.6.NRS 179.1173 is hereby amended to read as follows:

      179.1173  1.  [The] Except as otherwise provided in subsection 2, the district court shall proceed as soon as practicable to a trial and determination of the matter. A proceeding for forfeiture is entitled to priority over other civil actions which are not otherwise entitled to priority.

      2.  At a proceeding for forfeiture, the [plaintiff or claimant may file a motion for] court shall issue an order staying the proceeding [and the court shall grant that motion if a] that remains in effect while the criminal action which is the basis of the proceeding is pending trial. The court shall [, upon a motion made by the plaintiff,] lift the stay [upon a satisfactory showing that the claimant is a fugitive.] after the trial is completed. If the claimant is acquitted during the trial, the property of the claimant must be returned to the claimant within 7 business days after the acquittal.

      3.  If property has been seized and the criminal charges against the owner of such property are denied or dismissed, all such property must be returned to the owner within 7 business days after the criminal charges are denied or dismissed.

      4.  The plaintiff in a proceeding for forfeiture must establish proof by clear and convincing evidence that the property is subject to forfeiture.

      [4.]5.  In a proceeding for forfeiture, the rule of law that forfeitures are not favored does not apply.

      [5.]6.  The plaintiff is not required to plead or prove that a claimant has been charged with or convicted of any criminal offense. If proof of such a conviction is made, and it is shown that the judgment of conviction has become final, the proof is, as against any claimant, conclusive evidence of all facts necessary to sustain the conviction.

      [6.]7.  The plaintiff has an absolute privilege to refuse to disclose the identity of any person, other than a witness, who has furnished to a law enforcement officer information purporting to reveal the commission of a crime.

 


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enforcement officer information purporting to reveal the commission of a crime. The privilege may be claimed by an appropriate representative of the plaintiff.

      [7.]8.  If the court determines that the property is not subject to forfeiture, the court shall order the property and any interest accrued pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled to the property [.] within 7 business days after the order is issued. If the court determines that the property is subject to forfeiture, the court shall so decree. The property, including any interest accrued pursuant to subsection 2 of NRS 179.1175, must be forfeited to the plaintiff, subject to the right of any claimant who establishes a protected interest. Any such claimant must, upon the sale or retention of the property, be compensated for the claimant’s interest in the manner provided in NRS 179.118.

      9.  A claimant who agrees to enter a plea of guilty, guilty but mentally ill or nolo contendere to criminal charges relating to the seized property or reaches a stipulated agreement with the plaintiff may agree to the forfeiture of any property as part of the plea or agreement.

      10.  If the court accepts a plea or stipulated agreement pursuant to subsection 9, the court shall order forfeiture of the property that the claimant agreed to forfeit pursuant to the plea or agreement.

      Secs. 35-52. (Deleted by amendment.)

________

CHAPTER 437, SB 262

Senate Bill No. 262–Senators Harris, Farley, Denis; Goicoechea, Gustavson, Lipparelli, Manendo, Segerblom and Settelmeyer

 

Joint Sponsors: Assemblymen Stewart, Nelson, Silberkraus, O’Neill, Seaman; Elliot Anderson, Fiore, Gardner, Jones, Trowbridge and Woodbury

 

CHAPTER 437

 

[Approved: June 9, 2015]

 

AN ACT relating to guardians; adding provisions governing the appointment of certain preferred persons as guardians for adult wards; revising provisions relating to the appointment of a guardian for a minor; revising requirements governing eligibility to utilize a public guardian; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the appointment, qualifications and duties of guardians for certain minor and adult wards. (Chapter 159 of NRS) Existing law prohibits a nonresident of Nevada from being appointed as a guardian for a minor or adult ward unless the person has associated a co-guardian who is a resident of Nevada or a banking corporation whose principal place of business is in Nevada. (NRS 159.059) Existing law also gives preference to certain persons to be appointed as a guardian for a minor ward but does not give preference to any persons to be appointed as a guardian for an adult ward. (NRS 159.061)

      Sections 1 and 6.7 of this bill revise the circumstances under which a court is authorized to appoint a nonresident as a guardian for an adult ward. Section 6.3 eliminates existing limitations on the authority of a court to appoint a nonresident as a guardian for a minor ward. Section 1 also requires the court to give preference in appointing a guardian for an adult ward to the following persons in the following order, whether or not the person is a nonresident: (1) a nominated person, who is a person the adult ward specifically nominated or requested as a guardian in a will, trust or other written document executed by the adult ward while competent; or (2) a relative.

 


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appointing a guardian for an adult ward to the following persons in the following order, whether or not the person is a nonresident: (1) a nominated person, who is a person the adult ward specifically nominated or requested as a guardian in a will, trust or other written document executed by the adult ward while competent; or (2) a relative. If two or more nominated persons are qualified and suitable to be appointed as a guardian, section 1 authorizes the court to appoint two or more co-guardians or generally requires the court to give preference to the nominated person named in a will, trust or other written document that is part of the adult’s established estate plan, but there are certain exceptions for extraordinary circumstances.

      In selecting a guardian, section 1 does not allow the court to give preference to a resident over a nonresident if the court determines that the nonresident would be a more qualified and suitable guardian and the adult would receive continuing care and supervision under the guardianship of the nonresident. If the court selects a nonresident guardian, section 1 requires the court to order the nonresident guardian to designate a registered agent in this State.

      Section 2.3 of this bill revises the existing list of persons who are preferred for appointment as a guardian to a minor to include any person recommended by: (1) an agency which provides child welfare services, an agency which provides child protective services or a similar agency; or (2) a guardian ad litem or court appointed special advocate who represents the minor.

      Sections 2.1-2.9 and 6.3 of this bill make conforming changes to reflect the changes made by the other sections of this bill.

      Existing law provides that a ward is eligible to have a public guardian appointed as his or her permanent or general individual guardian if: (1) there is no relative or friend able and willing to be appointed as a guardian for the ward; or (2) the court removes a private professional guardian previously appointed for the ward. (NRS 253.200) Section 3 of this bill provides for the appointment of a public guardian for an incompetent adult who failed to nominate a person for appointment as guardian while he or she was still competent or if the nominated person is not suitable or willing to serve as guardian.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, in a proceeding to appoint a guardian for an adult, the court shall give preference to a nominated person or relative, in that order of preference:

      (a) Whether or not the nominated person or relative is a resident of this State; and

      (b) If the court determines that the nominated person or relative is qualified and suitable to be appointed as guardian for the adult.

      2.  In determining whether any nominated person, relative or other person listed in subsection 4 is qualified and suitable to be appointed as guardian for an adult, the court shall consider, if applicable and without limitation:

      (a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation, food, shelter, clothing and medical care;

      (b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

 


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during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (c) Whether the nominated person, relative or other person has been judicially determined to have committed abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult, unless the court finds that it is in the best interests of the ward to appoint the person as guardian for the adult;

      (d) Whether the nominated person, relative or other person is incompetent or has a disability; and

      (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult.

      3.  If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as co-guardians or shall give preference among them in the following order of preference:

      (a) A person whom the adult nominated for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

      (b) A person whom the adult requested for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.

      4.  Subject to the preferences set forth in subsections 1 and 3, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve. In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) Any nomination or request for the appointment as guardian by the adult.

      (b) Any nomination or request for the appointment as guardian by a relative.

      (c) The relationship by blood, adoption, marriage or domestic partnership of the proposed guardian to the adult. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider any relative in the following order of preference:

             (1) A spouse or domestic partner.

             (2) A child.

             (3) A parent.

             (4) Any relative with whom the adult has resided for more than 6 months before the filing of the petition or any relative who has a power of attorney executed by the adult while competent.

             (5) Any relative currently acting as agent.

            (6) A sibling.

             (7) A grandparent or grandchild.

             (8) An uncle, aunt, niece, nephew or cousin.

             (9) Any other person recognized to be in a familial relationship with the adult.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

 


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      (e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while competent.

      5.  The court may appoint as guardian any nominated person, relative or other person listed in subsection 4 who is not a resident of this State. The court shall not give preference to a resident of this State over a nonresident if the court determines that:

      (a) The nonresident is more qualified and suitable to serve as guardian; and

      (b) The distance from the proposed guardian’s place of residence and the adult’s place of residence will not affect the quality of the guardianship or the ability of the proposed guardian to make decisions and respond quickly to the needs of the adult because:

             (1) A person or care provider in this State is providing continuing care and supervision for the adult;

             (2) The adult is in a secured residential long-term care facility in this State; or

             (3) Within 30 days after the appointment of the proposed guardian, the proposed guardian will move to this State or the adult will move to the proposed guardian’s state of residence.

      6.  If the court appoints a nonresident as guardian for the adult:

      (a) The jurisdictional requirements of NRS 159.1991 to 159.2029, inclusive, must be met;

      (b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entity pursuant to chapter 77 of NRS; and

      (c) The court may require the guardian to complete any available training concerning guardianships pursuant to NRS 159.0592, in this State or in the state of residence of the guardian, regarding:

             (1) The legal duties and responsibilities of the guardian pursuant to this chapter;

             (2) The preparation of records and the filing of annual reports regarding the finances and well-being of the adult required pursuant to NRS 159.073;

             (3) The rights of the adult;

             (4) The availability of local resources to aid the adult; and

             (5) Any other matter the court deems necessary or prudent.

      7.  If the court finds that there is not any suitable nominated person, relative or other person listed in subsection 4 to appoint as guardian, the court may appoint as guardian:

      (a) The public guardian of the county where the adult resides if:

             (1) There is a public guardian in the county where the adult resides; and

             (2) The adult qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the adult will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.

 


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      8.  A person is not qualified to be appointed as guardian for an adult if the person has been suspended for misconduct or disbarred from any of the professions listed in this subsection, but the disqualification applies only during the period of the suspension or disbarment. This subsection applies to:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession that:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state in which the person practices his or her profession.

      9.  As used in this section:

      (a) “Adult” means a person who is a ward or a proposed ward and who is not a minor.

      (b) “Domestic partner” means a person in a domestic partnership.

      (c) “Domestic partnership” means:

             (1) A domestic partnership as defined in NRS 122A.040; or

             (2) A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      (d) “Nominated person” means a person, whether or not a relative, whom an adult:

             (1) Nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s established estate plan and was executed by the adult while competent.

             (2) Requests for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executed by the adult while competent.

      (e) “Relative” means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.1. NRS 159.0595 is hereby amended to read as follows:

      159.0595  1.  [A] In order for a person to serve as a private professional guardian, [if a person,] the person must be [qualified] :

      (a) Qualified to serve as a guardian pursuant to [NRS 159.059] section 1 of this act if the ward is an adult or NRS 159.061 if the ward is a minor; and [must be a]

      (b) A certified guardian.

      2.  [A] In order for an entity to serve as a private professional guardian, [if an entity,] the entity must [be] :

      (a) Be qualified to serve as a guardian pursuant to [NRS 159.059] section 1 of this act if the ward is an adult; and [must have]

      (b) Have a certified guardian involved in the day-to-day operation or management of the entity.

      3.  A private professional guardian shall, at his or her own cost and expense:

      (a) Undergo a background investigation which requires the submission of a complete set of his or her fingerprints to the Central Repository for Nevada Records of Criminal History and to the Federal Bureau of Investigation for their respective reports; and

 


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Nevada Records of Criminal History and to the Federal Bureau of Investigation for their respective reports; and

      (b) Present the results of the background investigation to the court upon request.

      4.  As used in this section:

      (a) “Certified guardian” means a person who is certified by the Center for Guardianship Certification or any successor organization.

      (b) “Entity” includes, without limitation, a corporation, whether or not for profit, a limited-liability company and a partnership.

      (c) “Person” means a natural person.

      Sec. 2.3. NRS 159.061 is hereby amended to read as follows:

      159.061  1.  The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. The appointment of a parent as [a] guardian [of] for the [person] minor must not conflict with a valid order for custody of the minor.

      2.  In determining whether the parents of a minor, or either parent, or any other person who seeks appointment as guardian for the minor is qualified and suitable, the court shall consider, if applicable and without limitation:

      (a) Which parent has physical custody of the minor;

      (b) The ability of the parents , [or] parent or other person to provide for the basic needs of the [child,] minor, including, without limitation, food, shelter, clothing and medical care;

      (c) Whether the parents , [or] parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS; [and]

      (d) Whether the parents , [or] parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation , isolation or abandonment of a child [.] , his or her spouse, his or her parent or any other adult; and

      (e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony.

      [2.] 3.  Subject to the preference set forth in subsection 1, the court shall appoint as guardian [for an incompetent, a person of limited capacity or minor] the qualified person who is most suitable and is willing to serve.

      [3.] 4.  In determining [who] which qualified person is most suitable, the court shall , in addition to considering any applicable factors set forth in subsection 2, give consideration, among other factors, to:

      (a) [Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.

      (b)] Any nomination of a guardian for [an incompetent,] the minor [or person of limited capacity] contained in a will or other written instrument executed by a parent [or spouse] of the [proposed ward.

      (c)] minor.

      (b) Any request [for the appointment as guardian for a] made by the minor , if he or she is 14 years of age or older [made by] , for the appointment of a person as guardian for the minor.

      [(d)] (c) The relationship by blood [,] or adoption [or marriage] of the proposed guardian to the [proposed ward.] minor. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood.

 


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of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:

             (1) [Spouse.

             (2) Adult child.

             (3)] Parent.

             [(4)] (2) Adult sibling.

             [(5)] (3) Grandparent . [or adult grandchild.]

             [(6)] (4) Uncle [,] or aunt . [, adult niece or adult nephew.]

      [(e)](d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

      [(f)](e) Any recommendation made by:

             (1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or

             (2) A guardian ad litem or court appointed special advocate who represents the minor.

      (f) Any request for the appointment of any other interested person that the court deems appropriate.

      [4.  If the court finds that there is no suitable person to appoint as guardian pursuant to subsection 3, the court may appoint as guardian:

      (a) The public guardian of the county where the ward resides, if:

             (1) There is a public guardian in the county where the ward resides; and

             (2) The proposed ward qualifies for a public guardian pursuant to chapter 253 of NRS;

      (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the ward will be served appropriately by the appointment of a private fiduciary; or

      (c) A private professional guardian who meets the requirements of NRS 159.0595.]

      5.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it NRS 432B.030.

      Sec. 2.5. (Deleted by amendment.)

      Sec. 2.7. NRS 159.185 is hereby amended to read as follows:

      159.185  1.  The court may remove a guardian if the court determines that:

      (a) The guardian has become mentally incompetent, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law;

      (b) The guardian is no longer qualified to act as a guardian pursuant to [NRS 159.059;] section 1 of this act if the ward is an adult or NRS 159.061 if the ward is a minor;

      (c) The guardian has filed for bankruptcy within the previous 5 years;

      (d) The guardian of the estate has mismanaged the estate of the ward;

      (e) The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:

             (1) The negligence resulted in injury to the ward or the estate of the ward; or

             (2) There was a substantial likelihood that the negligence would result in injury to the ward or the estate of the ward;

      (f) The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury;

 


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      (g) The best interests of the ward will be served by the appointment of another person as guardian; or

      (h) The guardian is a private professional guardian who is no longer qualified as a private professional guardian pursuant to NRS 159.0595.

      2.  A guardian may not be removed if the sole reason for removal is the lack of money to pay the compensation and expenses of the guardian.

      Sec. 2.9. NRS 159.2024 is hereby amended to read as follows:

      159.2024  1.  To transfer jurisdiction of a guardianship or conservatorship to this State, the guardian, conservator or other interested party must petition the court of this State for guardianship pursuant to NRS 159.1991 to 159.2029, inclusive, to accept guardianship in this State. The petition must include a certified copy of the other state’s provisional order of transfer and proof that the ward is physically present in, or is reasonably expected to move permanently to, this State.

      2.  The court shall issue a provisional order granting a petition filed under subsection 1, unless:

      (a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the ward; or

      (b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to [NRS 159.059.] section 1 of this act if the ward is an adult or NRS 159.061 if the ward is a minor.

      3.  The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State.

      4.  Not later than 90 days after the issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.

      5.  In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the ward’s incapacity and the appointment of the guardian or conservator.

      Sec. 3. NRS 253.200 is hereby amended to read as follows:

      253.200  1.  A resident of Nevada is eligible to have the public guardian of the county in which he or she resides appointed as his or her temporary individual guardian pursuant to NRS 159.0523 or 159.0525.

      2.  A resident of Nevada is eligible to have the public guardian of a county appointed as his or her permanent or general individual guardian if the proposed ward is a resident of that county and:

      (a) The proposed ward has no nominated person, relative or friend suitable and willing to serve as his or her guardian; or

      (b) The proposed ward has a guardian who the court determines must be removed pursuant to NRS 159.185.

      3.  A person qualified pursuant to subsection 1 or 2, or anyone on his or her behalf, may petition the district court of the county in which he or she resides to make the appointment.

      4.  Before a petition for the appointment of the public guardian as a guardian may be filed pursuant to subsection 3, a copy of the petition and copies of all accompanying documents to be filed must be delivered to the public guardian or a deputy public guardian.

 


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      5.  Any petition for the appointment of the public guardian as a guardian filed pursuant to subsection 3 must include a statement signed by the public guardian or deputy public guardian and in substantially the following form:

 

       The undersigned is the Public Guardian or a Deputy Public Guardian of ............. County. The undersigned certifies that he or she has received a copy of this petition and all accompanying documents to be filed with the court.

 

      6.  A petition for the appointment of the public guardian as permanent or general guardian must be filed separately from a petition for the appointment of a temporary guardian.

      7.  If a person other than the public guardian served as temporary guardian before the appointment of the public guardian as permanent or general guardian, the temporary guardian must file an accounting and report with the court in which the petition for the appointment of a public guardian was filed within 30 days of the appointment of the public guardian as permanent or general guardian.

      8.  In addition to NRS 159.099, a county is not liable on any written or oral contract entered into by the public guardian of the county for or on behalf of a ward.

      9.  For the purposes of this section:

      (a) Except as otherwise provided in paragraph (b), the county of residence of a person is the county to which the person moved with the intent to reside for an indefinite period.

      (b) The county of residence of a person placed in institutional care is the county that was the county of residence of the person before the person was placed in institutional care by a guardian or agency or under power of attorney.

      10.  As used in this section, “nominated person” has the meaning ascribed to it in section 1 of this act.

      Secs. 4-6. (Deleted by amendment.)

      Sec. 6.3. NRS 432B.4665 is hereby amended to read as follows:

      432B.4665  1.  The court may, upon the filing of a petition pursuant to NRS 432B.466, appoint a person as a guardian for a child if:

      (a) The court finds:

             (1) That the proposed guardian is suitable and is not disqualified from guardianship pursuant to NRS [159.059;] 159.061;

             (2) That the child has been in the custody of the proposed guardian for 6 months or more pursuant to a determination by a court that the child was in need of protection, unless the court waives this requirement for good cause shown;

             (3) [Except as otherwise provided in subsection 3, that] That the proposed guardian has complied with the requirements of chapter 159 of NRS; and

             (4) That the burden of proof set forth in chapter 159 of NRS for the appointment of a guardian for a child has been satisfied;

      (b) The child consents to the guardianship, if the child is 14 years of age or older; and

      (c) The court determines that the requirements for filing a petition pursuant to NRS 432B.466 have been satisfied.

      2.  A guardianship established pursuant to this section:

 


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      (a) Provides the guardian with the powers and duties provided in NRS 159.079, and subjects the guardian to the limitations set forth in NRS 159.0805;

      (b) Is subject to the provisions of NRS 159.065 to 159.076, inclusive, and 159.185 to 159.199, inclusive;

      (c) Provides the guardian with sole legal and physical custody of the child;

      (d) Does not result in the termination of parental rights of a parent of the child; and

      (e) Does not affect any rights of the child to inheritance, a succession or any services or benefits provided by the Federal Government, this state or an agency or political subdivision of this state.

      [3.  The court may appoint as a guardian for a child pursuant to this section for not more than 6 months a person who does not satisfy the residency requirement set forth in subsection 5 of NRS 159.059 if the court determines that appointing such a person is necessary to facilitate the permanent placement of the child.]

      Sec. 6.7. NRS 159.059 is hereby repealed.

      Sec. 7.  This act becomes effective on July 1, 2015.

________

CHAPTER 438, SB 285

Senate Bill No. 285–Senators Parks, Kihuen, Spearman; Ford, Manendo, Segerblom, Smith and Woodhouse

 

CHAPTER 438

 

[Approved: June 9, 2015]

 

AN ACT relating to local law enforcement agencies; revising provisions relating to the powers and duties of constables and deputy constables; exempting from certain provisions the sale of liquor by a sheriff or constable at a sale under execution; authorizing a constable to accept payment of certain fees by credit card, debit card or electronic transfer of money; authorizing a constable to require the payment to the constable of a convenience fee for the acceptance of payments by credit card, debit card or electronic transfer of money; revising the amount of certain fees which a constable is entitled to charge and collect; authorizing the appointment of clerks for the constable of a township; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the sheriff of a county may authorize a constable to receive and execute the process, writs or warrants of courts of justice, judicial officers and coroners that have been delivered to the sheriff. (NRS 248.100) Sections 1-8 of this bill provide that such orders may be delivered directly to a constable who then must execute the orders.

      Existing law requires the constable and each deputy constable in a township whose population is 15,000 or more, or a township that has within its boundaries a city whose population is 15,000 or more, to be certified as a category I or II peace officer by the Peace Officers’ Standards and Training Commission. (NRS 258.007, 258.060, 258.070) Existing law also requires each constable to be a peace officer in his or her township and prohibits a constable or deputy constable from arresting any person while carrying out the duties of the office of a constable unless the constable or deputy is certified by the Commission as a category I or category II peace officer.

 


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person while carrying out the duties of the office of a constable unless the constable or deputy is certified by the Commission as a category I or category II peace officer. Sections 10 and 12 of this bill instead require certification as a category II peace officer of the constable and each deputy constable of a township whose population: (1) is 100,000 or more, if the township is in a county whose population is 700,000 or more (currently Clark County); and (2) is 250,000 or more, if the township is in a county whose population is less than 700,000 (currently all counties other than Clark County).

      Section 12.5 of this bill authorizes a board of county commissioners to appoint for the constable of a township a reasonable number of clerks and to fix the compensation of any clerks so appointed.

      Section 13 of this bill provides that a constable or deputy constable has the powers of a peace officer: (1) for the discharge of duties that are prescribed by law; (2) for the purpose of arresting a person in certain circumstances who has committed or attempted to commit a public offense in the presence of the constable or deputy constable; (3) in an area that is within the limits of an incorporated city, for the additional purposes authorized by and with the consent of the chief of police of the city; and (4) in an area that is not within the limits of an incorporated city, for the additional purposes authorized by and with the consent of the sheriff of the county. Additionally, section 13 prohibits a constable or deputy constable from carrying a firearm in the performance of his or her duties unless: (1) the constable has adopted a written policy on the use of deadly force; and (2) the constable and each deputy constable has received training regarding the policy. A constable or deputy constable authorized to carry a firearm pursuant to section 13 must receive training approved by the Commission in the use of firearms at least once every 6 months. Section 13 also requires a constable or deputy constable who wears a uniform in the performance of his or her duties to display prominently as part of that uniform a badge or nameplate clearly displaying the name or an identification number of the constable or deputy.

      Existing law authorizes a constable who determines that a motor vehicle is not properly registered to issue a citation to the owner or driver, as appropriate, of the vehicle, and to charge and collect a fee of $100 from the owner or driver. (NRS 258.070) Section 13 authorizes a constable to charge and collect the fee only upon the imposition of punishment pursuant to NRS 482.385 on the person to whom the citation is issued.

      Section 15 of this bill increases certain fees to which constables are entitled for their services. Section 15 also authorizes a board of county commissioners to provide by ordinance for the fee to which a constable is entitled for providing a service authorized by law for which no fee is established by statute.

      Existing law provides that the amount of certain fees which a constable is entitled to charge and collect must be calculated on the basis of the miles necessarily and actually traveled in providing a service. (NRS 258.125) Section 15 authorizes a board of county commissioners to provide by ordinance for a constable to charge and collect, at the option of the person paying the fee, a flat fee for those travel costs instead of a fee calculated on the basis of the miles traveled.

      Section 9 of this bill authorizes a constable to accept payment of fees by credit card, debit card or the electronic transfer of money and authorizes a constable to charge and collect a convenience fee for the acceptance of such forms of payment under certain circumstances.

      Existing law generally authorizes the sale of liquor only under certain circumstances and only by a person who holds the appropriate license issued by the Department of Taxation. (Chapter 369 of NRS) Sections 20-25 of this bill exempt from the licensure requirements of chapter 369 of NRS a sheriff or constable who sells or offers for sale liquor at a sale under execution. Sections 20-25 also provide that a person licensed under chapter 369 of NRS is not prohibited from purchasing liquor at such a sale under execution.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 248.100 is hereby amended to read as follows:

      248.100  [1.]  The sheriff shall:

      [(a)]1.  Except in a county whose population is 700,000 or more, attend in person, or by deputy, all sessions of the district court in his or her county.

      [(b)]2.  Obey all the lawful orders and directions of the district court in his or her county.

      [(c) Except as otherwise provided in subsection 2, execute]

      3.  Execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the sheriff for that purpose.

      [2.  The sheriff may authorize the constable of the appropriate township to receive and execute the process, writs or warrants of courts of justice, judicial officers and coroners.]

      Sec. 2. NRS 248.120 is hereby amended to read as follows:

      248.120  When any process, writ or order is delivered to the sheriff [, or the constable as authorized pursuant to NRS 248.100,] to be served or executed, the sheriff [or constable] shall:

      1.  Forthwith endorse upon it the year, month, day and hour of its receipt.

      2.  Give to the person delivering it, if required, on payment of his or her fee, a written memorandum signed by him or her, stating the names of the parties in the process or order, the nature thereof and the time it was received. He or she shall also deliver to the party served a copy thereof, if required so to do, without charge to such party.

      Sec. 3. NRS 248.130 is hereby amended to read as follows:

      248.130  A sheriff [, or a constable authorized pursuant to NRS 248.100,] to whom any process, writ, order or paper is delivered shall:

      1.  Execute the same with diligence, according to its command, or as required by law.

      2.  Return it without delay to the proper court or officer, with his or her certificate endorsed thereon of the manner of its service or execution, or, if not served or executed, the reasons for his or her failure.

Ê For a failure so to do, he or she shall be liable to the party aggrieved for all damages sustained by the party on account of such neglect.

      Sec. 4. NRS 248.150 is hereby amended to read as follows:

      248.150  [Except as otherwise provided in NRS 248.100, if] If the sheriff to whom a writ of execution or writ of attachment is delivered shall neglect or refuse, after being required by the creditor or the creditor’s attorney to attach, or to levy upon or sell, any property of the party charged in the writ which is liable to be attached or levied upon and sold, the sheriff shall be liable on his or her official bond to the creditor for the value of such property.

      Sec. 5. Chapter 258 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 9, inclusive, of this act.

      Sec. 6. When any process, writ or order is delivered to the constable to be served or executed, the constable shall:

      1.  Forthwith endorse upon it the year, month, day and hour of its receipt.

 


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      2.  Give to the person delivering it, if required, on payment of his or her fee, a written memorandum signed by him or her, stating the names of the parties in the process or order, the nature thereof and the time it was received. He or she shall deliver to the party served a copy thereof, if required to do so, without charge to such party.

      Sec. 7. 1.  A constable to whom any process, writ, order or paper is delivered shall:

      (a) Execute the same with diligence, according to its command or as required by law.

      (b) Return it without delay to the proper court or officer, with his or her certificate endorsed thereon of the manner of its service or execution, or, if not served or executed, the reasons for his or her failure.

      2.  A constable who fails to comply with subsection 1 is liable to the party aggrieved for all damages sustained by the party on account of such neglect.

      Sec. 8. If the constable to whom a writ of execution or writ of attachment is delivered neglects or refuses, after being required by the creditor or the creditor’s attorney to attach, or to levy upon or sell, any property of the party charged in the writ which is liable to be attached or levied upon and sold, the constable is liable on his or her official bond to the creditor for the value of such property.

      Sec. 9. 1.  A constable may enter into contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the constable for the payment of fees to which the constable is entitled.

      2.  If the issuer or operator charges the constable a fee for each use of a credit card or debit card or for each electronic transfer of money, the constable may require the cardholder or the person requesting the electronic transfer of money to pay a convenience fee. The total convenience fees charged by the constable in a fiscal year must not exceed the total amount of fees charged to the constable by the issuer or operator in that fiscal year.

      3.  As used in this section:

      (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

      (b) “Convenience fee” means a fee paid by a cardholder or person requesting the electronic transfer of money to a constable for the convenience of using the credit card or debit card or the electronic transfer of money to make such payment.

      (c) “Credit card” means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

      (d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

      (e) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

 


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      (f) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

      Sec. 10. NRS 258.007 is hereby amended to read as follows:

      258.007  1.  Each constable of a township whose population is [15,000] 100,000 or more [or] and which is located in a county whose population is 700,000 or more, and each constable of a township [that has within its boundaries a city] whose population is [15,000] 250,000 or more and which is located in a county whose population is less than 700,000, shall become certified by the Peace Officers’ Standards and Training Commission as a [category I or] category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.

      2.  If a constable does not comply with the provisions of subsection 1, the constable forfeits his or her office and a vacancy is created which must be filled in accordance with NRS 258.030.

      Sec. 11. NRS 258.010 is hereby amended to read as follows:

      258.010  1.  Except as otherwise provided in subsections 2 and 3:

      (a) Constables must be elected by the qualified electors of their respective townships.

      (b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

      (c) Constables must receive certificates of election from the boards of county commissioners of their respective counties.

      2.  In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.

      3.  In a county whose population:

      (a) Is less than 700,000, which includes more than one township, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships.

      (b) Is 700,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships . [, but the abolition does not become effective as to a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.]

Ê For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.

      Sec. 12. NRS 258.060 is hereby amended to read as follows:

      258.060  1.  All constables may appoint deputies, who are authorized to transact all official business pertaining to the office to the same extent as their principals. A person must not be appointed as a deputy constable unless the person has been a resident of the State of Nevada for at least 6 months before the date of the appointment.

 


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before the date of the appointment. A person who is appointed as a deputy constable in a township whose population is [15,000] 100,000 or more and which is located in a county whose population is 700,000 or more or a deputy constable of a township [that has within its boundaries a city] whose population is [15,000] 250,000 or more and which is located in a county whose population is less than 700,000 may not commence employment as a deputy constable until the person is certified by the Peace Officers’ Standards and Training Commission as a [category I or] category II peace officer. The appointment of a deputy constable must not be construed to confer upon that deputy policymaking authority for the office of the county constable or the county by which the deputy constable is employed.

      2.  Constables are responsible for the compensation of their deputies and are responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of the deputies by the constables.

      3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office. Revocations of such appointments must also be filed and recorded as provided in this section within 30 days after the revocation of the appointment. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.

      Sec. 12.5. NRS 258.065 is hereby amended to read as follows:

      258.065  1.  The constable of a township may, subject to the approval of the board of county commissioners, appoint such clerical and operational staff as the work of the constable requires. The compensation of any person so appointed must be fixed by the board of county commissioners.

      2.  A person who is employed as clerical or operational staff of a constable:

      (a) Does not have the powers of a peace officer; and

      (b) May not possess a weapon or carry a concealed firearm, regardless of whether the person possesses a permit to carry a concealed firearm issued pursuant to NRS 202.3653 to 202.369, inclusive, while performing the duties of the office of the constable.

      3.  The board of county commissioners may appoint for the constable of a township a reasonable number of clerks. The compensation of any clerk so appointed must be fixed by the board of county commissioners.

      4.  A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.

      [4.]5.  A constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

      Sec. 13. NRS 258.070 is hereby amended to read as follows:

      258.070  1.  Subject to the provisions of [subsection 2,] subsections 2 and 3, each constable shall:

      (a) Be a peace officer . [in his or her township.]

      (b) [Serve all mesne and final process issued by a court of competent jurisdiction.

 


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      (c)] Execute the process, writs or warrants [that the constable is authorized to receive pursuant to NRS 248.100.

      (d)]of courts of justice, judicial officers and coroners, when delivered to the constable for that purpose.

      (c) Discharge such other duties as are or may be prescribed by law.

      2.  [A] Subject to the provisions of subsection 3, a constable or deputy constable [elected or appointed in a township whose population is less than 15,000 or a township that has within its boundaries a city whose population is less than 15,000 may not arrest any person while carrying out the duties of the office of constable unless he or she is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer.] has the powers of a peace officer:

      (a) For the discharge of duties as are or may be prescribed by law;

      (b) For the purpose of arresting a person for a public offense committed or attempted in the presence of the constable or deputy constable, if the constable or deputy constable has reasonable cause to believe that the arrest is necessary to prevent harm to other persons or the escape of the person who committed or attempted the public offense; and

      (c) In addition to the circumstances described in paragraphs (a) and (b):

             (1) In an area within the limits of an incorporated city, for the purposes authorized by and with the consent of the chief of police of the city; and

             (2) In an area that is not within the limits of an incorporated city, for the purposes authorized by and with the consent of the sheriff of the county.

      3.  The constable and each deputy constable of a township shall not carry a firearm in the performance of his or her duties unless:

      (a) The constable has adopted a written policy on the use of deadly force by the constable and each deputy constable; and

      (b) The constable and each deputy constable has received training regarding the policy.

      4.  A constable or deputy constable authorized to carry a firearm pursuant to subsection 3 must receive training approved by the Peace Officers’ Standards and Training Commission in the use of firearms at least once every 6 months.

      5.  A constable or deputy constable who wears a uniform in the performance of his or her duties shall display prominently as part of that uniform a badge, nameplate or other uniform piece which clearly displays the name or an identification number of the constable or deputy constable.

      6.  Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered. [The] Upon the imposition of punishment pursuant to NRS 482.385 on the person to whom the citation is issued, the constable [shall, upon the issuance of such citation,] is entitled to charge and collect a fee of $100 from the person to whom the citation is issued, which may be retained by the constable as compensation.

      [4.]7.  If a sheriff or the sheriff’s deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing.

 


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offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing. The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.

      Sec. 14. NRS 258.110 is hereby amended to read as follows:

      258.110  [Unless, pursuant to subsection 2 of NRS 258.070, a constable is prohibited from making an arrest, any] Any constable who willfully refuses to [receive or] arrest any person charged with a criminal offense is guilty of a gross misdemeanor and shall be removed from office.

      Sec. 15. NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables are entitled to the following fees for their services:

 

For serving a summons or other process by which a suit is commenced in civil cases...................................... $17

For summoning a jury before a justice of the peace.............................. 7

For taking a bond or undertaking............................................................... 5

For serving an attachment against the property of a defendant. [9] 15

For serving subpoenas, for each witness................................................. 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio............. 3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................................................... 20

For each certificate of sale of real property under execution............... 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons [9] 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice........................ 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice..................... 17

For serving 25 or more such notices to the same location, each notice 15

[For] Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only............................................................. 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

 


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For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution...................................................... $21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.................................................................................... [9] 15

For each warrant lawfully executed , unless a higher amount is established by the board of county commissioners    48

[For] Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only............................... 2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

[For] Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only.................................................... 2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil cases, the constable’s actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

      (c) For service in criminal cases, [except for execution of warrants,] the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

      (e) For providing any other service authorized by law for which no fee is established by this chapter, the fee provided for by ordinance by the board of county commissioners.

      3.  For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.

 


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      4.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

      [4.]5.  Constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      Sec. 16. NRS 171.124 is hereby amended to read as follows:

      171.124  1.  Except as otherwise provided in subsection 3 and NRS 33.070 [,] and 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.

      Sec. 17. NRS 212.150 is hereby amended to read as follows:

      212.150  1.  A person shall not visit, or in any manner communicate with, any prisoner convicted of or charged with any felony, imprisoned in the county jail, other than the officer having such prisoner in charge, the prisoner’s attorney or the district attorney, unless the person has a written permission so to do, signed by the district attorney, or has the consent of the Director of the Department of Corrections or the [constable or] sheriff having such prisoner in charge.

      2.  Any person violating, aiding in, conniving at or participating in the violation of this section is guilty of a gross misdemeanor.

      Sec. 18. NRS 289.150 is hereby amended to read as follows:

      289.150  The following persons have the powers of a peace officer:

      1.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers.

      2.  Marshals, police officers and correctional officers of cities and towns.

      3.  The bailiff of the Supreme Court.

 


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      4.  The bailiffs and deputy marshals of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests.

      5.  [Constables] Subject to the provisions of NRS 258.070, constables and their deputies . [whose official duties require them to carry weapons and make arrests.]

      Sec. 19. NRS 289.470 is hereby amended to read as follows:

      289.470  “Category II peace officer” means:

      1.  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;

      2.  [Constables] Subject to the provisions of NRS 258.070, constables and their deputies ; [whose official duties require them to carry weapons and make arrests;]

      3.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

      4.  Special investigators who are employed full-time by the office of any district attorney or the Attorney General;

      5.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      6.  The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

      7.  The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

      8.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;

      9.  School police officers employed by the board of trustees of any county school district;

      10.  Agents of the State Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      11.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

      12.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

      13.  Legislative police officers of the State of Nevada;

      14.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;

      15.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      16.  Field investigators of the Taxicab Authority;

      17.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

 


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ê2015 Statutes of Nevada, Page 2523 (Chapter 438, SB 285)ê

 

      18.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;

      19.  Criminal investigators who are employed by the Secretary of State; and

      20.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.

      Sec. 20. Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this chapter which authorize the possession or sale of liquor only by a person who holds a license issued under this chapter do not apply to an officer or an officer’s deputy who sells or offers for sale liquor at a sale under execution held pursuant to NRS 21.150.

      2.  It is not a violation of the provisions of this chapter if a person who holds a license issued under this chapter purchases any liquor at a sale under execution held pursuant to NRS 21.150.

      Sec. 21. NRS 369.388 is hereby amended to read as follows:

      369.388  [A] Except as otherwise provided in subsection 2 of section 20 of this act, a person who holds an importer’s license or permit may purchase a liquor only from the supplier of that liquor.

      Sec. 22. NRS 369.486 is hereby amended to read as follows:

      369.486  1.  [A] Except as otherwise provided in subsection 2 of section 20 of this act, a wholesaler who is not the importer designated by the supplier pursuant to NRS 369.386 may purchase liquor only from:

      (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor; or

      (b) A wholesaler who purchased the liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

      2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor, any subsidiary or affiliate of the supplier, or his or her designated agent.

      Sec. 23. NRS 369.487 is hereby amended to read as follows:

      369.487  Except as otherwise provided in NRS 369.4865 and 597.240, and subsection 2 of section 20 of this act, no retailer or retail liquor dealer may purchase any liquor from other than a state-licensed wholesaler.

      Sec. 24. NRS 369.488 is hereby amended to read as follows:

      369.488  1.  Except as otherwise provided in NRS 369.4865, and subsection 2 of section 20 of this act, a retailer may purchase liquor only from:

      (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor if that importer is also a wholesaler; or

      (b) A wholesaler who purchased liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

      2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor, or his or her designated agent.

      Sec. 25. NRS 369.490 is hereby amended to read as follows:

      369.490  1.  Except as otherwise provided in subsection 2, and section 20 of this act, a person shall not directly or indirectly, himself or herself or by his or her clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this State, or transport or import or cause to be transported or imported any liquor in or into this State for delivery, storage, use or sale therein, unless the person:

 


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ê2015 Statutes of Nevada, Page 2524 (Chapter 438, SB 285)ê

 

or import or cause to be transported or imported any liquor in or into this State for delivery, storage, use or sale therein, unless the person:

      (a) Has complied fully with the provisions of this chapter; and

      (b) Holds an appropriate, valid license, permit or certificate issued by the Department.

      2.  Except as otherwise provided in subsection 3, the provisions of this chapter do not apply to a person:

      (a) Entering this State with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty;

      (b) Who imports 1 gallon or less of alcoholic beverage per month from another state for his or her own household or personal use;

      (c) Who:

             (1) Is a resident of this State;

             (2) Is 21 years of age or older; and

             (3) Imports 12 cases or less of wine per year for his or her own household or personal use; or

      (d) Who is lawfully in possession of wine produced on the premises of an instructional wine-making facility for his or her own household or personal use and who is acting in a manner authorized by NRS 597.245.

      3.  The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he or she is acting in his or her professional capacity.

      4.  A person who accepts liquor shipped into this State pursuant to paragraph (b) or (c) of subsection 2 must be 21 years of age or older.

      Sec. 26. NRS 482.231 is hereby amended to read as follows:

      482.231  1.  Except as otherwise provided in subsection 3, the Department shall not register a motor vehicle if a local authority has filed with the Department a notice stating that the owner of the motor vehicle:

      (a) Was cited by a constable pursuant to subsection [3] 6 of NRS 258.070 for failure to comply with the provisions of NRS 482.385; and

      (b) [Has] After the imposition of punishment pursuant to NRS 482.385, has failed to pay the fee charged by the constable pursuant to subsection [3] 6 of NRS 258.070.

      2.  The Department shall, upon request, furnish to the owner of the motor vehicle a copy of the notice of nonpayment described in subsection 1.

      3.  The Department may register a motor vehicle for which the Department has received a notice of nonpayment described in subsection 1 if:

      (a) The Department receives:

             (1) A receipt from the owner of the motor vehicle which indicates that the owner has paid the fee charged by the constable; or

             (2) Notification from the applicable local authority that the owner of the motor vehicle has paid the fee charged by the constable; and

      (b) The owner of the motor vehicle otherwise complies with the requirements of this chapter for the registration of the motor vehicle.

      Sec. 27. NRS 258.072 is hereby repealed.

      Sec. 28.  This act becomes effective upon passage and approval.

________

 


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ê2015 Statutes of Nevada, Page 2525ê

 

CHAPTER 439, SB 292

Senate Bill No. 292–Senator Roberson

 

CHAPTER 439

 

[Approved: June 9, 2015]

 

AN ACT relating to civil actions; providing immunity from civil actions for a board of trustees of a school district or the governing body of a charter school under certain circumstances; revising the applicability of certain provisions of existing law pertaining to certain civil actions involving negligence; revising provisions governing the limitation on the amount of noneconomic damages that may be awarded in certain civil actions; making various other changes relating to certain actions involving negligence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill provides that a board of trustees of a school district or the governing body of a charter school is not liable for any civil damages arising from any act or omission by a person employed by or volunteering at a school-based health center. Section 1 also defines “school-based health center” for such purposes.

      Existing law defines “medical malpractice,” “dental malpractice” and “professional negligence” and contains various provisions relating to civil actions involving claims of medical malpractice, dental malpractice and professional negligence. (Chapter 41A of NRS) This bill removes references in existing law to medical malpractice and dental malpractice and replaces those references with references to professional negligence. Section 1.5 of this bill also revises the definition of professional negligence to incorporate provisions of the previously used definition of medical malpractice.

      Existing law defines the term “provider of healthcare” for the purposes of certain civil actions involving professional negligence. (NRS 41A.017) Section 2 of this bill revises that definition to include certain other professionals who provide health care and to include clinics, surgery centers and other entities that employ physicians and other such persons.

      Existing law limits the amount of noneconomic damages that may be awarded in an action for injury or death against a provider of health care based upon professional negligence. (NRS 41A.035) Section 3 of this bill limits the total noneconomic damages that may be awarded in such an action to $350,000, regardless of the number of plaintiffs, defendants or theories of liability.

      Existing law establishes a rebuttable presumption in actions for negligence against providers of medical care that the personal injury or death was caused by negligence when certain injuries are sustained. (NRS 41A.100) Section 9 of this bill provides that the rebuttable presumption does not apply in an action in which: (1) a plaintiff submits an affidavit or designates an expert witness to establish that a provider of health care deviated from the accepted standard of care; or (2) expert medical testimony is used to establish a claim of professional negligence.

 


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ê2015 Statutes of Nevada, Page 2526 (Chapter 439, SB 292)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of a school district or the governing body of a charter school that allows or establishes a school-based health center is not liable for any civil damages as a result of any act or omission by a person employed by or volunteering for or affiliated with a school-based health center or a sponsoring entity of the school-based health center.

      2.  As used in this section, “school-based health center” means a health center located on or in school grounds, property, buildings or any other school district facilities for the purpose of rendering care or services to any person.

      Sec. 1.3. NRS 41A.003 is hereby amended to read as follows:

      41A.003  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [41A.004] 41A.007 to 41A.017, inclusive, have the meanings ascribed to them in those sections.

      Sec. 1.5. NRS 41A.015 is hereby amended to read as follows:

      41A.015  “Professional negligence” means [a negligent act or omission to act by] the failure of a provider of health care , in [the] rendering [of professional] services, [which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.] to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.

      Sec. 2. NRS 41A.017 is hereby amended to read as follows:

      41A.017  “Provider of health care” means a physician licensed [under] pursuant to chapter 630 or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, licensed dietitian or a licensed hospital , clinic, surgery center, physicians’ professional corporation or group practice that employs any such person and its employees.

      Sec. 3. NRS 41A.035 is hereby amended to read as follows:

      41A.035  In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000 [.] , regardless of the number of plaintiffs, defendants or theories upon which liability may be based.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 41A.061 is hereby amended to read as follows:

      41A.061  1.  Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving [medical malpractice or dental malpractice] professional negligence if the action is not brought to trial within [:

 


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ê2015 Statutes of Nevada, Page 2527 (Chapter 439, SB 292)ê

 

      (a) Three years after the date on which the action is filed, if the action is filed on or after October 1, 2002, but before October 1, 2005.

      (b) Two] 3 years after the date on which the action is filed . [, if the action is filed on or after October 1, 2005.]

      2.  Dismissal of an action pursuant to subsection 1 is a bar to the filing of another action upon the same claim for relief against the same defendants.

      3.  Each district court shall adopt court rules to expedite the resolution of an action involving [medical malpractice or dental malpractice.] professional negligence.

      Sec. 6. NRS 41A.071 is hereby amended to read as follows:

      41A.071  If an action for [medical malpractice or dental malpractice] professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit [, supporting] that:

      1.  Supports the allegations contained in the action [,] ;

      2.  Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged [malpractice.] professional negligence;

      3.  Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and

      4.  Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.

      Sec. 7. NRS 41A.081 is hereby amended to read as follows:

      41A.081  1.  In an action for [medical malpractice or dental malpractice,] professional negligence, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.

      2.  The judge before whom the settlement conference is held:

      (a) May, for good cause shown, waive the attendance of any party.

      (b) Shall decide what information the parties may submit at the settlement conference.

      3.  The judge shall notify the parties of the time and place of the settlement conference.

      4.  The failure of any party, the party’s insurer or the party’s attorney to participate in good faith in the settlement conference is grounds for sanctions, including, without limitation, monetary sanctions, against the party or the party’s attorney, or both. The judges of the district courts shall liberally construe the provisions of this subsection in favor of imposing sanctions in all appropriate situations. It is the intent of the Legislature that the judges of the district courts impose sanctions pursuant to this subsection in all appropriate situations to punish for and deter conduct which is not undertaken in good faith because such conduct overburdens limited judicial resources, hinders the timely resolution of meritorious claims and increases the costs of engaging in business and providing professional services to the public.

      Sec. 8. NRS 41A.085 is hereby amended to read as follows:

      41A.085  1.  In an action for damages for [medical malpractice or dental malpractice] professional negligence in which the defendant is insured pursuant to a policy of insurance covering the liability of the defendant for a breach of the defendant’s professional duty toward a patient:

 


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      (a) At any settlement conference, the judge may recommend that the action be settled for the limits of the policy of insurance.

      (b) If the judge makes the recommendation described in paragraph (a), the defendant is entitled to obtain from independent counsel an opinion letter explaining the rights of, obligations of and potential consequences to the defendant with regard to the recommendation. The insurer shall pay the independent counsel to provide the opinion letter described in this paragraph, except that the insurer is not required to pay more than $1,500 to the independent counsel to provide the opinion letter.

      2.  The section does not:

      (a) Prohibit the plaintiff from making any offer of settlement.

      (b) Require an insurer to provide or pay for independent counsel for a defendant except as expressly provided in this section.

      Sec. 9. NRS 41A.100 is hereby amended to read as follows:

      41A.100  1.  Liability for personal injury or death is not imposed upon any provider of [medical] health care based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the provider of health care caused the personal injury or death occurred in any one or more of the following circumstances:

      (a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;

      (b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;

      (c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;

      (d) An injury was suffered during the course of treatment to a part of the body not directly involved in the treatment or proximate thereto; or

      (e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body.

      2.  Expert medical testimony provided pursuant to subsection 1 may only be given by a provider of [medical] health care who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged negligence.

      3.  [As used in this section, “provider of medical care” means a physician, dentist, registered nurse or a licensed hospital as the employer of any such person.] The rebuttable presumption pursuant to subsection 1 does not apply in an action in which a plaintiff submits an affidavit pursuant to NRS 41A.071, or otherwise designates an expert witness to establish that the specific provider of health care deviated from the accepted standard of care.

      4.  Nothing in this section shall be construed to preclude any party to the suit from designating and presenting expert testimony as to the legal or proximate cause of any alleged personal injury or death.

 


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      Sec. 10. NRS 3.029 is hereby amended to read as follows:

      3.029  1.  The Supreme Court shall provide by court rule for mandatory appropriate training concerning the complex issues of [medical malpractice] litigation alleging professional negligence for each district judge to whom actions involving [medical malpractice] professional negligence are assigned.

      2.  As used in this section, “professional negligence” has the meaning ascribed to it in NRS 41A.015.

      Sec. 11.  The amendatory provisions of this act apply to a cause of action that accrues on or after the effective date of this act.

      Sec. 12. NRS 41A.004, 41A.009 and 41A.013 are hereby repealed.

      Sec. 13.  This act becomes effective upon passage and approval.

________

CHAPTER 440, SB 348

Senate Bill No. 348–Senator Roberson

 

CHAPTER 440

 

[Approved: June 9, 2015]

 

AN ACT relating to unclaimed property; exempting certain property due or owing from a business association to another business association from provisions governing the disposition of unclaimed property under certain circumstances; exempting certain intersection improvement proceeds from provisions governing the disposition of unclaimed property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the powers, duties and liabilities of the State and other persons concerning certain property which is abandoned and unclaimed by its owner. (Chapter 120A of NRS) Under existing law, property that is unclaimed by the apparent owner of the property for a certain period is presumed to be abandoned. (NRS 120A.500, 120A.510, 120A.520) A holder of property that is presumed to be abandoned must make a report concerning the property to the State Treasurer, acting as the Administrator of Unclaimed Property, and pay or deliver the property to the Administrator. (NRS 120A.560, 120A.570) The Administrator must deposit any money received as abandoned property and the proceeds of any sale of abandoned property in the Abandoned Property Trust Account. (NRS 120A.620) A person who claims property paid or delivered to the Administrator may file a claim for the property, and, if the Administrator approves the claim, the Administrator must deliver the property to the claimant or, if the property is money or the net proceeds of a sale of abandoned property, pay the claim from the Account. (NRS 120A.620, 120A.640) At the end of each fiscal year, the first $7.6 million of the balance remaining in the Account is transferred to the Millennium Scholarship Trust Fund, and the remaining balance is transferred to the State General Fund, subject to any valid claims. (NRS 120A.620)

      Section 1 of this bill provides that certain amounts due or owing from a holder that is a business association to another business association must not be presumed abandoned if the holder and the other business association have an ongoing business relationship. Because these amounts must not be presumed abandoned, the provisions of existing law governing unclaimed property would not apply to those amounts. Under section 2 of this bill, the provisions of section 1 apply to the amounts due or owing from a business association to another business association that arise from transactions occurring on or after July 1, 2015.

 


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      Section 1.5 of this bill provides that certain amounts paid to this State or a local government as a deposit or fee to provide security for, or to fund the construction of, certain intersection improvement projects are exempt from the provisions of existing law governing unclaimed property. Under section 2, this exemption applies only to such deposits or fees that, on or after July 1, 2015, are in the possession, control or custody of this State or a local government.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 120A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, any credit memoranda, overpayments, credit balances, deposits, unidentified remittances, nonrefunded overcharges, discounts, refunds and rebates due or owing from a holder that is a business association to another business association shall not be presumed abandoned if the holder and such business association have an ongoing business relationship. The provisions of this subsection do not apply to outstanding checks, drafts or other similar instruments.

      2.  For the purposes of subsection 1, an ongoing business relationship shall be deemed to exist if the holder has engaged in at least one commercial, business or professional transaction involving the sale, lease, license or purchase of goods or services with the business association or a predecessor-in-interest of the business association within each 3-year period that follows the date of the transaction giving rise to the property interest that shall not be presumed abandoned pursuant to subsection 1.

      Sec. 1.5. NRS 120A.135 is hereby amended to read as follows:

      120A.135  1.  The provisions of this chapter do not apply to [gaming] :

      (a) Gaming chips or tokens which are not redeemed at an establishment.

      (b) Intersection improvement project proceeds.

      2.  As used in this section:

      (a) “Establishment” has the meaning ascribed to it in NRS 463.0148.

      (b) “Gaming chip or token” means any object which may be redeemed at an establishment for cash or any other representative of value other than a slot machine wagering voucher as defined in NRS 463.369.

      (c) “Intersection improvement project” means construction or improvements relating to intersections, including, without limitation, the construction, installation or upgrade of traffic control devices, turn lanes and appurtenances.

      (d) “Intersection improvement project proceeds” means amounts held by this State or an agency or political subdivision of this State that were paid to the State or the agency or political subdivision for the purpose of providing security for, or to fund the construction of, an intersection improvement project.

      Sec. 2.  1.  The amendatory provisions of section 1 of this act apply to all amounts due or owing from a business association to another business association that arise from transactions occurring on or after July 1, 2015.

 


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      2.  The amendatory provisions of section 1.5 of this act apply only to intersection improvement project proceeds that, on or after July 1, 2015, are in the possession, custody or control of this State or an agency or political subdivision of this State.

      3.  As used in this section:

      (a) “Business association” has the meaning ascribed to it in NRS 120A.040.

      (b) “Intersection improvement project proceeds” has the meaning ascribed to it in NRS 120A.135, as amended by section 1.5 of this act.

      Sec. 3.  This act becomes effective on July 1, 2015.

________

CHAPTER 441, AB 67

Assembly Bill No. 67–Committee on Judiciary

 

CHAPTER 441

 

[Approved: June 9, 2015]

 

AN ACT relating to public safety; revising provisions governing the admission into evidence of certain affidavits and declarations in certain criminal proceedings; specifying certain conditions under which a person is deemed not to be in actual physical control of a vehicle; revising provisions governing the administration of certain tests for the presence of alcohol, controlled substances and prohibited substances; revising provisions concerning the revocation of a license, permit or privilege to drive; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes it unlawful for a person to drive, operate or be in actual physical control of a vehicle or vessel while under the influence of intoxicating liquor or a controlled substance, or both. (NRS 484C.110, 484C.120, 488.410) Sections 9.3 and 20 of this bill define the term “under the influence” for the purposes of existing law relating to driving, operating or being in actual physical control of a vehicle or vessel while under the influence of intoxicating liquor or a controlled substance, or both. Section 9.5 of this bill provides that a person shall be deemed not to be in actual physical control of a vehicle if: (1) the person is asleep inside the vehicle; (2) the person is not in the driver’s seat of the vehicle; (3) the engine of the vehicle is not running; (4) the vehicle is lawfully parked; and (5) under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.

      Existing law allows the affidavits and declarations of certain persons to be admitted as evidence during a criminal proceeding to prove certain facts relating to the testing of the blood, breath or urine of a defendant to determine the presence or concentration of alcohol or certain other substances. In a felony trial, if the defendant objects in writing to the admission of such affidavits or declarations, the court must not admit the affidavit or declaration into evidence and the prosecution may cause the witness to testify at trial concerning the information contained in the affidavit or declaration. A defendant in a misdemeanor trial, however, must also establish that: (1) there is a substantial and bona fide dispute between the prosecution and the defense regarding the facts in the declaration; and (2) it is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined. (NRS 50.315) The Nevada Supreme Court has held that the additional requirements imposed on a misdemeanor defendant under existing law violate a defendant’s constitutional right to confront the witnesses against him or her and are therefore unconstitutional.

 


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imposed on a misdemeanor defendant under existing law violate a defendant’s constitutional right to confront the witnesses against him or her and are therefore unconstitutional. (City of Reno v. Howard, 130 Nev. Adv. Op. 12, 318 P.3d 1063 (2014))

      Section 1 of this bill eliminates the constitutional defect identified by the Nevada Supreme Court and provides instead that an affidavit or declaration must not be admitted as evidence during a misdemeanor trial to prove certain facts relating to the testing of the blood, breath or urine of a defendant to determine the presence or concentration of alcohol or certain other substances if, not later than 10 days before the date set for trial or such shorter time before the date set for trial as authorized by the court, the defendant objects in writing to the admission of the affidavit or declaration. Under section 1, if the affidavit or declaration is not admitted into evidence, the prosecution may produce the witness to provide testimony at trial concerning the information contained in the affidavit or declaration at trial.

      Under existing law, a person who drives a vehicle in this State is deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present. If a person who has thus given his or her “implied consent” to an evidentiary test refuses to submit to the test when directed to do so by a police officer who has reason to believe that the person was driving a vehicle or operating a vessel while under the influence of alcohol or a controlled substance, existing law authorizes the police officer to direct that reasonable force be used to obtain a sample of blood from the person to be tested. (NRS 484C.160) The Nevada Supreme Court has held that the consent implied by a person’s decision to drive in this State is not voluntary consent to an evidentiary blood test and, thus, existing laws that allow a police officer to obtain a blood sample from a person without a warrant and without voluntary consent are unconstitutional. (Byars v. State, 130 Nev. Adv. Op. No. 85, 336 P.3d 939 (2014))

      Sections 12 and 14 of this bill eliminate the constitutional defect identified by the Nevada Supreme Court and provide instead that if a person refuses to submit to an evidentiary blood test at the request of a police officer: (1) the officer may apply for a warrant or other court order directing the use of reasonable force to obtain the blood sample; and (2) the person’s driver’s license must be revoked for a certain period. Section 14 further authorizes the revocation of a person’s license, permit or privilege to drive if an evidentiary test reveals the presence of a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription or hold a valid registry identification card. Sections 15 and 16 of this bill make corresponding revisions to provisions of existing law which establish the procedure for effecting such a revocation and provide for an administrative hearing to challenge such a revocation. Section 25 of this bill makes comparable changes to existing law concerning the evidentiary tests of persons who operate or exercise actual physical control over vessels on the waters of this State. Section 5 of this bill makes comparable changes to existing law concerning evidentiary tests of persons who have actual physical possession of a firearm.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 50.315 is hereby amended to read as follows:

      50.315  1.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) That the affiant or declarant has been certified by the Director of the Department of Public Safety as being competent to operate devices of a type certified by the Committee on Testing for Intoxication as accurate and reliable for testing a person’s breath to determine the concentration of alcohol in his or her breath;

 


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certified by the Committee on Testing for Intoxication as accurate and reliable for testing a person’s breath to determine the concentration of alcohol in his or her breath;

      (b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

      (c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

      2.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who has examined a prepared chemical solution or gas that has been used in calibrating, or verifying the calibration of, a device for testing another’s breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant; and

      (b) That the solution or gas has the chemical composition necessary for use in accurately calibrating, or verifying the calibration of, the device.

      3.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the Committee on Testing for Intoxication;

      (c) That the calibration was performed within the period required by the Committee’s regulations; and

      (d) Upon completing the calibration of the device, it was operating properly.

      4.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The identity of the person from whom the affiant or declarant withdrew the sample;

      (c) The fact that the affiant or declarant kept the sample in his or her sole custody or control and in substantially the same condition as when he or she first obtained it until delivering it to another; and

      (d) The identity of the person to whom the affiant or declarant delivered it.

      5.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance may be admitted in any criminal or civil or administrative proceeding to prove:

      (a) The occupation of the affiant or declarant;

      (b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his or her sole custody or control in substantially the same condition as when he or she first received it until delivering it to another; and

 


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      (c) The identity of the person to whom the affiant or declarant delivered it.

      6.  If, [at or before the time of trial,] not later than 10 days before the date set for trial or such shorter time before the date set for trial as authorized by the court, the defendant [establishes that:

      (a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

      (b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,] objects in writing to admitting into evidence the affidavit or declaration,

[Ê] the court shall not admit the affidavit or declaration into evidence and may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

      7.  During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify to any information contained in the affidavit or declaration.

      8.  The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

      Secs. 2-4. (Deleted by amendment.)

      Sec. 5. NRS 202.257 is hereby amended to read as follows:

      202.257  1.  It is unlawful for a person who:

      (a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or

      (b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,

Ê to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.

      2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is [directed] requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as [directed] requested by a police officer, the officer may [direct] apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

      3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

 


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      4.  A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

      5.  As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

      Secs. 6-8. (Deleted by amendment.)

      Sec. 9. Chapter 484C of NRS is hereby amended by adding thereto the provisions set forth as sections 9.3 and 9.5 of this act.

      Sec. 9.3. “Under the influence” means impaired to a degree that renders a person incapable of safely driving or exercising actual physical control of a vehicle.

      Sec. 9.5. For the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:

      1.  The person is asleep inside the vehicle;

      2.  The person is not in the driver’s seat of the vehicle;

      3.  The engine of the vehicle is not running;

      4.  The vehicle is lawfully parked; and

      5.  Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.

      Sec. 10. NRS 484C.010 is hereby amended to read as follows:

      484C.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484C.020 to 484C.100, inclusive, and section 9.3 of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 484C.150 is hereby amended to read as follows:

      484C.150  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the [direction] request of a police officer at the scene of a vehicle accident or collision or where the police officer stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

      2.  If the person fails to submit to the test, the officer shall [seize] :

      (a) Seize the license or permit of the person to drive as provided in NRS 484C.220 ; and

      (b) If reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 484C.160.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 12. NRS 484C.160 is hereby amended to read as follows:

      484C.160  1.  Except as otherwise provided in subsections [3 and 4,] 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the [direction] request of a police officer having reasonable grounds to believe that the person to be tested was:

 


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have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the [direction] request of a police officer having reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [;] or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

      2.  A police officer who requests that a person submit to a test pursuant to subsection 1 shall inform the person that his or her license, permit or privilege to drive will be revoked if he or she fails to submit to the test.

      3.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      [3.]4.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      [4.]5.  If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court [.] or an administrative hearing is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:

             (1) Fifty dollars for travel to and from the place of the proceeding; and

             (2) One hundred dollars for giving or waiting to give testimony.

      (c) [A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

 


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      5.] Except as otherwise provided in NRS 484C.200, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

      6.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may [direct] request that the person [to] submit to a blood or urine test, or both . [, in addition to the breath test.

      6.]7.  Except as otherwise provided in subsections [3 and 5,] 4 and 6, a police officer shall not [direct] request that a person [to] submit to a urine test.

      [7.]8.  If a person to be tested fails to submit to a required test as [directed] requested by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [;] or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430,

Ê the officer may [direct] apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. [Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his or her blood.

      8.]9.  If a person who is less than 18 years of age is [directed] requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 13. NRS 484C.200 is hereby amended to read as follows:

      484C.200  1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:

      (a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

      (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

      (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484C.160, the fourth evidentiary test must be a blood test.

      2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.

      3.  If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, [a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to] such refusal or failure constitutes a failure to submit to a required test as provided in NRS 484C.160.

 


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may direct that reasonable force be used to obtain a sample or conduct a test pursuant to] such refusal or failure constitutes a failure to submit to a required test as provided in NRS 484C.160.

      Sec. 14. NRS 484C.210 is hereby amended to read as follows:

      484C.210  1.  If a person fails to submit to an evidentiary test as requested by a police officer pursuant to NRS 484C.160, the license, permit or privilege to drive of the person must be revoked as provided in NRS 484C.220, and the person is not eligible for a license, permit or privilege to drive for a period of:

      (a) One year; or

      (b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.

      2.  If the result of a test given under NRS 484C.150 or 484C.160 shows that a person had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of 90 days.

      [2.]3.  If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection [1] 2 which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which the person was not eligible for a license, permit or privilege.

      [3.]4.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

      Sec. 15. NRS 484C.220 is hereby amended to read as follows:

      484C.220  1.  As agent for the Department, the officer who requested that a test be given pursuant to NRS 484C.150 or 484C.160 or who obtained the result of a test given pursuant to NRS 484C.150 or 484C.160 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who failed to submit to a test requested by the police officer pursuant to NRS 484C.150 or 484C.160 or who has a concentration of alcohol of 0.08 or more in his or her blood or breath or has a detectable amount of a controlled substance or prohibited substance in his or her blood or urine [,] for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, if that person is present, and shall seize the license or permit to drive of the person. The officer shall then , unless the information is expressly set forth in the order of revocation, advise the person of his or her right to administrative and judicial review of the revocation pursuant to NRS 484C.230 and, except as otherwise provided in this subsection, that the person has a right to request a temporary license. If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484C.230, the person is not entitled to request an additional temporary license pursuant to this section or NRS 484C.230, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue the person a temporary license on a form approved by the Department if the person requests one, which is effective for only 7 days including the date of issuance.

 


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request a temporary license, the officer shall issue the person a temporary license on a form approved by the Department if the person requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2.

      2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his or her blood or breath or had a detectable amount of a controlled substance or prohibited substance in his or her blood or urine [,] for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, if any, a written certificate that the officer had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle [with] :

      (a) With a concentration of alcohol of 0.08 or more in his or her blood or breath or with a detectable amount of a controlled substance or prohibited substance in his or her blood or urine [,] for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, as determined by a chemical test [.] ; or

      (b) While under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine and the person refused to submit to a required evidentiary test.

Ê The certificate must also indicate whether the officer served an order of revocation on the person and whether the officer issued the person a temporary license.

      3.  The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at the person’s last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

      4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484C.230 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      Sec. 16. NRS 484C.230 is hereby amended to read as follows:

      484C.230  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484C.220, the person may request in writing a hearing by the Department to review the order of revocation, but the person is only entitled to one hearing.

 


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to one hearing. The hearing must be conducted [within 15 days after receipt of the request, or] as soon [thereafter] as is practicable [, in the county where the requester resides unless the parties agree otherwise.] at any location, if the hearing officer permits each party and witness to attend the hearing by telephone, videoconference or other electronic means. The Director or agent of the Director may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. Unless the person is ineligible for a temporary license pursuant to NRS 484C.220, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

      2.  The scope of the hearing must be limited to the issue of whether the person [, at] :

      (a) Failed to submit to a required test provided for in NRS 484C.150 or 484C.160; or

      (b) At the time of the test, had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine [.] for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140.

Ê Upon an affirmative finding on [this] either issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review.

      4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to the person’s last known address.

      Sec. 17. NRS 484C.240 is hereby amended to read as follows:

      484C.240  1.  If a person refuses to submit to a required chemical test provided for in NRS 484C.150 or 484C.160, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance [;] or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

      2.  Except as otherwise provided in subsection 3 of NRS 484C.150, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484C.150 to 484C.250, inclusive, and 484C.600 to 484C.640, inclusive.

      3.  If a person submits to a chemical test provided for in NRS 484C.150 or 484C.160, full information concerning that test must be made available, upon request of the person, to the person or his or her attorney.

 


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      4.  Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.

      Sec. 18. NRS 484C.250 is hereby amended to read as follows:

      484C.250  1.  The results of any blood test administered under the provisions of NRS 484C.160 or 484C.180 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or who was engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, registered nurse, licensed practical nurse, advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.

      Sec. 19. (Deleted by amendment.)

      Sec. 20. NRS 488.035 is hereby amended to read as follows:

      488.035  As used in this chapter, unless the context otherwise requires:

      1.  “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

      2.  “Aquatic plant material” means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.

      3.  “Commission” means the Board of Wildlife Commissioners.

      4.  “Conveyance” means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.

      5.  “Decontaminate” means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.

 


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include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.

      6.  “Department” means the Department of Wildlife.

      7.  “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.

      8.  “Interstate waters of this State” means waters forming the boundary between the State of Nevada and an adjoining state.

      9.  “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

      10.  “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

      11.  “Operate” means to navigate or otherwise use a motorboat or a vessel.

      12.  “Owner” means:

      (a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel; and

      (b) A debtor under a security agreement relating to a vessel.

Ê “Owner” does not include a person defined as a “legal owner” under subsection 9.

      13.  “Prohibited substance” has the meaning ascribed to it in NRS 484C.080.

      14.  “Registered owner” means the person registered by the Commission as the owner of a vessel.

      15.  “Under the influence” means impaired to a degree that renders a person incapable of safely operating or exercising actual physical control of a vessel.

      16.  A vessel is “under way” if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.

      [16.]17.  “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

      [17.]18.  “Waters of this State” means any waters within the territorial limits of this State.

      Secs. 21-23. (Deleted by amendment.)

      Sec. 24. NRS 488.450 is hereby amended to read as follows:

      488.450  1.  Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given consent to a preliminary test of his or her breath to determine the concentration of alcohol in his or her breath when the test is administered at the [direction] request of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

 


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      2.  If the person fails to submit to the test, the officer shall , if reasonable grounds otherwise exist, arrest the person and take him or her to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 25. NRS 488.460 is hereby amended to read as follows:

      488.460  1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the [direction] request of a peace officer having reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [;] or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol of the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court [.] is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:

             (1) Fifty dollars for travel to and from the place of the proceeding; and

             (2) One hundred dollars for giving or waiting to give testimony.

      (c) [A peace officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425; or

             (2) Has been convicted within the previous 7 years of:

 


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                   (I) A violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).] Except as otherwise provided in NRS 488.470, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may [direct] request that the person [to] submit to a blood or urine test, or both . [, in addition to the breath test.]

      6.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not [direct] request that a person [to] submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as [directed] requested by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [;] or with a prohibited substance in his or her blood or urine; or

      (b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425,

Ê the officer may [direct] apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. [Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in the person’s blood.]

      8.  If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 26. NRS 488.470 is hereby amended to read as follows:

      488.470  1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the concentration of alcohol in a person’s breath may be used to establish that concentration only if two consecutive samples of the person’s breath are taken and:

      (a) The difference between the concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

      (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

      (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.

      2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the concentration of alcohol in the person’s breath.

 


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If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the concentration.

      3.  If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, [a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to] such refusal or failure constitutes a failure to submit to a required evidentiary test as provided in NRS 488.460.

      Secs. 27 and 28. (Deleted by amendment.)

      Sec. 29. NRS 488.500 is hereby amended to read as follows:

      488.500  1.  The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, registered nurse, licensed practical nurse, advanced emergency medical technician, paramedic or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.

      Sec. 30. (Deleted by amendment.)

      Sec. 31.  1.  This section and sections 2 to 30, inclusive, of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on July 1, 2015.

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CHAPTER 442, AB 69

Assembly Bill No. 69–Committee on Judiciary

 

CHAPTER 442

 

[Approved: June 9, 2015]

 

AN ACT relating to courts; revising provisions governing the recycling of paper and paper products by courts; revising provisions governing the duties of court clerks and justices of the peace in relation to the fees charged by those officials; revising provisions governing the collection and reporting of certain statistical information by district courts, justice courts and municipal courts; changing the term “county clerk” to “clerk of the court” in certain statutes relating to the fees charged by clerks of the district courts; removing provisions requiring courts to provide to the Court Administrator certain orders relating to bail forfeitures; repealing provisions governing an offer of judgment; repealing the requirement that the Nevada Supreme Court decide an appeal from a judgment imposing the death penalty within a certain period; repealing provisions governing the selection of panels of jurors by boards of county commissioners; revising various other provisions relating to court administration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires courts, the Legislative Counsel Bureau, state agencies, school districts and the Nevada System of Higher Education to recycle paper and paper products unless a waiver is granted because the cost of recycling is unreasonable or would place an undue burden on the entity. (NRS 1.115, 218F.310, 232.007, 386.4159, 396.437) To obtain such a waiver: (1) the Nevada Supreme Court must apply to the Interim Finance Committee; (2) a district court or justice court must apply to the board of county commissioners of the county in which the court is located; and (3) a municipal court must apply to the governing body of the city in which it is located. (NRS 1.115) Section 1 of this bill removes existing provisions regarding a waiver of the requirement for courts to recycle and, instead, requires courts to recycle to the extent reasonably possible.

      Existing law requires the Clerk of the Supreme Court to post in a conspicuous place in his or her office a table of the fees charged by the Clerk. (NRS 2.250) Section 2 of this bill requires the table of fees to be posted by conventional or electronic means and requires the table of fees to be posted on the Internet website of the Clerk.

      Existing law requires district courts, justice courts and municipal courts to submit to the Court Administrator a report of statistical information concerning the workload of those courts. (NRS 3.243, 4.175, 5.045) Existing law further requires the clerk of a district court to obtain and file certain information concerning the nature of each criminal and civil case filed with the court. (NRS 3.275) Sections 3, 4, 8 and 10 of this bill amend these provisions to require district courts, justice courts and municipal courts to submit a report of statistical information to the Court Administrator pursuant to the uniform system for collecting and compiling statistical information concerning the State Court System which is prescribed by the Supreme Court.

      Existing law requires each justice of the peace to charge and collect certain fees and to pay those fees to the county treasurer not later than the first Monday of each month. (NRS 4.063, 4.065, 4.071) Sections 4.2, 4.4 and 4.6 of this bill require that the fees be paid on or before the fifth day of the month. Under existing law, a justice of the peace is required to pay to the county treasurer the amount of each fine that is paid or bail that is forfeited within 30 days after such payment or forfeiture.

 


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(NRS 176.285) Section 35.5 of this bill requires such payments to be made on or before the fifth day of the month immediately following the month in which the fine is paid or the bail forfeited.

      Existing law contains various provisions governing the fees charged by justices of the peace and clerks of the district court and imposes certain penalties for the failure to comply with these provisions. (NRS 4.080-4.140, 19.040-19.110) Sections 5 and 31 of this bill specifically authorize justices of the peace and clerks of the district courts to maintain in electronic format the fee book required by existing law. Sections 6 and 32 of this bill require justices of the peace and clerks of the district courts to submit to the county official designated by the board of county commissioners a monthly financial statement of the fees collected by them rather than a quarterly financial statement. Sections 7 and 27 of this bill require justices of the peace and clerks of the district courts to post tables of fees: (1) by conventional or electronic means in their offices; and (2) on their Internet websites. Section 9 of this bill specifically authorizes a justice of the peace to keep his or her docket in written or electronic format.

      Existing law authorizes jurors to be selected by a jury commissioner designated by the district court or, in counties where there is no jury commissioner, by the board of county commissioners. (NRS 6.045-6.090) Sections 11 and 41 of this bill remove provisions relating to the selection of jurors by a board of county commissioners.

      Under existing law, county clerks are ex officio clerks of the district court in and for their counties. (Nev. Const. Art. 4, § 32; NRS 3.250, 246.060) The Nevada Supreme Court has ruled that “[a] district court may exercise control over the court clerk’s office either directly, by assuming all or part of the court clerk’s functions, or indirectly, by supervising the county clerk in the performance of his or her duties as the ex officio court clerk.” (State ex rel. Harvey v. Second Jud. Dist. Ct., 117 Nev. 754, 772 (2001)) Sections 12-33 and 35 of this bill change the term “county clerk” to “clerk of the court” in various statutes relating to the fees charged for the filing of certain documents in the district court and other services provided by the clerk of a district court.

      Under existing law, a person may register an order for protection against domestic violence issued by a court in another state by presenting a certified copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary. (NRS 33.090) Section 34 of this bill: (1) provides that such an order may be registered in a court of competent jurisdiction in the judicial district in which the person believes that enforcement may be necessary; and (2) authorizes a copy of such an order to be forwarded by conventional or electronic means to the appropriate law enforcement agency.

      Existing law requires a court, upon entering an order of probation or suspension of sentence, to direct the clerk of the court to certify a copy of the records in the case and deliver a copy of the records in the case to the Chief Parole and Probation Officer. (NRS 176A.220) Section 36 of this bill removes the requirement that the clerk certify a copy of the records and authorizes the clerk to deliver the records to the Chief in writing, by electronic means or by affording the Chief access to an electronic system necessary to retrieve the records.

      Sections 37-40 of this bill remove provisions of existing law which require a court to provide to the Court Administrator a copy of: (1) an order of bail forfeiture; (2) an order exonerating a surety of a bail bond; and (3) an order setting aside a bail forfeiture. (NRS 178.508, 178.509, 178.512, 178.514)

      Section 41 removes certain provisions of existing law, including provisions: (1) requiring the Clerk of the Supreme Court to publish a list of certain cases in a newspaper; (2) governing an offer of judgment; (3) establishing penalties for justices of the peace and county clerks who fail to perform certain duties; (4) requiring justices of the peace to keep records of certain traffic violations; and (5) requiring the Nevada Supreme Court to decide an appeal from a judgment imposing the death penalty within a certain period.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 1.115 is hereby amended to read as follows:

      1.115  1.  Except as otherwise provided in this section, each court of justice for this State shall recycle or cause to be recycled , to the extent reasonably possible, the paper and paper products it uses. This subsection does not apply to confidential documents if there is an additional cost for recycling those documents.

      2.  [A court of justice may apply for a waiver from the requirements of subsection 1. For such a waiver, the Supreme Court or the Court of Appeals must apply to the Interim Finance Committee, a district court or a justice court must apply to the board of county commissioners of the county in which it is located and a municipal court must apply to the governing body of the city in which it is located. A waiver must be granted if it is determined that the cost to recycle or cause to be recycled the paper and paper products used by the court is unreasonable and would place an undue burden on the operations of the court.

      3.  The Court Administrator shall, after consulting with the State Department of Conservation and Natural Resources, prescribe the procedure for the disposition of the paper and paper products to be recycled. The Court Administrator may prescribe a procedure for the recycling of other waste materials produced on the premises of the court building.

      4.  Any money received by a court of justice for recycling or causing to be recycled the paper and paper products it uses must be paid by the clerk of that court to the State Treasurer for credit to the State General Fund.

      5.]  As used in this section:

      (a) “Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b) “Paper product” means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      Sec. 2. NRS 2.250 is hereby amended to read as follows:

      2.250  1.  The Clerk of the Supreme Court may demand and receive for the services of the Clerk rendered in discharging the duties imposed upon him or her by law the following fees:

      (a) Except as otherwise provided in paragraph (d), whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court the sum of $200.

 


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      (b) Except as otherwise provided in paragraph (d), a party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $100.

      (c) Except as otherwise provided in paragraph (d), in addition to the fees required pursuant to paragraphs (a) and (b):

             (1) Whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court a court automation fee of $50.

             (2) A party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court a court automation fee of $50.

Ê The Clerk of the Supreme Court shall remit the fees collected pursuant to this paragraph to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator to be used for advanced and improved technological purposes in the Supreme Court. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year. As used in this paragraph, “technological purposes” means the acquisition or improvement of technology, including, without limitation, acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

      (d) No fees may be charged by the Clerk in:

             (1) Any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his, her or its official or representative capacity, against the State of Nevada, county, city, town, officer or commission;

             (2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or

             (3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.

      (e) A fee of $60 for Supreme Court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The Clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the Supreme Court compiled in an electronic format.

      (f) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the Supreme Court.

      2.  The Clerk of the Supreme Court shall not charge any fee that is not authorized by law.

      3.  The Clerk of the Supreme Court shall keep a fee book or electronic record in which the Clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein.

 


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ê2015 Statutes of Nevada, Page 2550 (Chapter 442, AB 69)ê

 

proceeding or action, and the fees charged therein. The fee book or electronic record, as applicable, must be open to public inspection in the office of the Clerk.

      4.  The Clerk of the Supreme Court shall publish and post by conventional or electronic means, in some conspicuous place in the Clerk’s office and on the Internet website of the Clerk, a table of fees for public inspection. [The Clerk shall forfeit a sum of not less than $20 for each day of his or her omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.]

      5.  All fees prescribed in this section must be paid in advance, if demanded. If the Clerk of the Supreme Court has not received any or all of the fees which are due to the Clerk for services rendered in any suit or proceeding, the Clerk may have execution therefor in the Clerk’s own name against the party from whom they are due, to be issued from the Supreme Court upon order of a justice thereof or from the Court upon affidavit filed.

      6.  The Clerk of the Supreme Court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.

      7.  The Clerk of the Supreme Court shall, when depositing with the State Treasurer money received for Court fees, render to the State Treasurer a brief note of the cases in which the money was received.

      Sec. 3. NRS 3.243 is hereby amended to read as follows:

      3.243  In the time and manner prescribed by the Supreme Court, the Chief Judge of the judicial district or, if the district has no Chief Judge, a district judge designated by mutual consent of the district judges of that district, shall submit to the Court Administrator a report of the statistical information required pursuant to [this section and such other] the uniform system for collecting and compiling statistical information [as] regarding the State Court System which is prescribed by the Supreme Court. [The report must include, without limitation, statistical information concerning:

      1.  Those cases which are pending and undecided and the judge to whom each case has been assigned;

      2.  The type and number of cases each judge considered during the preceding month;

      3.  The number of cases submitted to each judge during the preceding month;

      4.  The number of cases decided by each judge during the preceding month; and

      5.  The number of full judicial days in which each judge appeared in court or in chambers in performance of his or her duties during the preceding month.]

      Sec. 4. NRS 3.275 is hereby amended to read as follows:

      3.275  1.  The clerk of each district court shall obtain and file information [regarding the nature of each criminal and civil case filed with the district court. If the] necessary to complete the report of statistical information required by NRS 3.243, including, without limitation, information relating to the referral of a criminal case [is referred] to a specialty court program, [the clerk must obtain and file information regarding the nature of the case and the program to which the defendant was referred.] using the case management system provided by the Court Administrator.

 


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      2.  The clerk shall provide a form approved by the Court Administrator for obtaining the information required by subsection 1 [.] for each civil case filed in the district court. No [criminal or] civil case may be filed in the district court unless the initial pleading is accompanied by the form, signed by the initiating party or his or her representative. [In addition to the information on the form, the]

      3.  The clerk shall maintain information concerning the disposition of each criminal and civil case and, if applicable, whether [the] a criminal defendant successfully completed [a] the specialty court program [.

      3.]to which he or she was referred.

      4.  The clerk shall maintain the information [contained in the form and collected pursuant to subsection 2] described in this section in a [separate system of filing to allow] manner that allows the retrieval of statistics relating to each criminal and civil action filed in the district courts [.] as required to complete the report required by NRS 3.243.

      Sec. 4.2. NRS 4.063 is hereby amended to read as follows:

      4.063  1.  In a county whose population is 100,000 or more, the justice of the peace shall, on the commencement of any action or proceeding in the justice court for which a fee is required, and on the answer or appearance of any party in any such action or proceeding for which a fee is required, charge and collect a fee of not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. The fee required pursuant to this section is in addition to any other fee required by law.

      2.  On or before the [first Monday] fifth day of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by the justice of the peace pursuant to subsection 1 during the preceding month for credit to an account for dispute resolution in the county general fund. The money in that account must not be used for purposes other than the programs established pursuant to NRS 3.500 and 244.1607.

      3.  The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justice court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the justice of the peace shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established pursuant to NRS 3.500 or 244.1607.

      Sec. 4.4. NRS 4.065 is hereby amended to read as follows:

      4.065  1.  The justice of the peace shall, on the commencement of any action or proceeding in the justice court for which a fee is required, and on the answer or appearance of any defendant in any such action or proceeding for which a fee is required, charge and collect a fee of $1 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.

      2.  On or before the [first Monday] fifth day of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by the justice of the peace pursuant to subsection 1 during the preceding month for credit to the State General Fund. Quarterly, the county treasurer shall remit all money so collected to the State Controller, who shall place the money in an account in the State General Fund for use by the Executive Director of the Department of Taxation to administer the provisions of NRS 360.283 and 360.289.

 


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treasurer shall remit all money so collected to the State Controller, who shall place the money in an account in the State General Fund for use by the Executive Director of the Department of Taxation to administer the provisions of NRS 360.283 and 360.289.

      Sec. 4.6. NRS 4.071 is hereby amended to read as follows:

      4.071  1.  In addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed $10 to be paid on the commencement of any action or proceeding in the justice court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

      2.  On or before the [first Monday] fifth day of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by the justice of the peace during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by the county treasurer from the justice of the peace.

      3.  Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.

      Sec. 5. NRS 4.090 is hereby amended to read as follows:

      4.090  The justice of the peace shall keep in his or her office a fee book or electronic record in which he or she shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book or electronic record, as applicable, shall be open to public inspection.

      Sec. 6. NRS 4.100 is hereby amended to read as follows:

      4.100  1.  On [the first Mondays of January, April, July and October, the justices] or before the 15th day of each month, a justice of the peace who [receive] receives fees pursuant to the provisions of NRS 4.060, 4.063 and 4.065 shall make out and file with the [boards] county official designated by the board of county commissioners of [their several counties] his or her county a full and correct statement [under oath] of all fees or compensation, of whatever nature or kind, received in [their several] his or her official [capacities] capacity during the preceding [3 months.] month. In the statement [they] , the justice of the peace shall set forth the cause in which, and the services for which, such fees or compensation were received.

      2.  This section does not require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the [clerk of] county official designated by the board of county commissioners.

      Sec. 7. NRS 4.130 is hereby amended to read as follows:

      4.130  Any justice of the peace receiving fees as provided by law shall publish and set up by conventional or electronic means, in some conspicuous place in his or her office and on the Internet website of the justice court, a [fee] table of fees for public inspection. [A sum not exceeding $20 for each day of his or her omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.]

 


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exceeding $20 for each day of his or her omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.]

      Sec. 8. NRS 4.175 is hereby amended to read as follows:

      4.175  In the time and manner prescribed by the Supreme Court, the justice of the peace of a township or, if there is more than one justice of the peace of a township, a justice of the peace designated by mutual consent of the other justices of the peace of that township, shall submit to the Court Administrator a written report of the statistical information required pursuant to [this section and such other] the uniform system for collecting and compiling statistical information [as] regarding the State Court System which is prescribed by the Supreme Court. [The report must include, without limitation, statistical information concerning:

      1.  Those cases which are pending and undecided and the justice of the peace to whom each case has been assigned;

      2.  The type and number of cases each justice of the peace considered during the preceding month;

      3.  The number of cases submitted to each justice of the peace during the preceding month;

      4.  The number of cases decided by each justice of the peace during the preceding month; and

      5.  The number of full judicial days in which each justice of the peace appeared in court or in chambers in performance of his or her duties during the preceding month.]

      Sec. 9. NRS 4.230 is hereby amended to read as follows:

      4.230  [1.]  Every justice must keep a docket, by conventional or electronic means, in which the justice must enter:

      [(a)]1.  The title of every action or proceeding.

      [(b)]2.  The object of the action or proceeding; and if a sum of money be claimed, the amount thereof.

      [(c)]3.  The date of the summons, and the time of its return; and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of the fact.

      [(d)]4.  The time when the parties, or either of them, appear, or their nonappearance, if default be made; a minute of the pleadings and motions; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleading.

      [(e)]5.  Every adjournment, stating on whose application and to what time.

      [(f)]6.  The demand for a trial by jury, when the same is made, and by whom made, the order for the jury, and the time appointed for the return of the jury and for the trial.

      [(g)]7.  The names of the jurors who appear and are sworn, and the names of all witnesses sworn, and at whose request.

      [(h)]8.  The verdict of the jury, and when received; if the jury disagree and are discharged, the fact of such disagreement and discharge.

      [(i)]9.  The judgment of the court, specifying the costs included, and the time when rendered.

      [(j)]10.  The issuing of the execution, when issued and to whom; the renewals thereof, if any, and when made, and a statement of any money paid to the justice, when and by whom.

 


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      [(k)]11.  The receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed.

      [2.  The Court Administrator shall prescribe the form of the docket and of any other appropriate records to be kept by the justice, which form may vary from court to court according to the number and kind of cases customarily heard.]

      Sec. 10. NRS 5.045 is hereby amended to read as follows:

      5.045  In the time and manner prescribed by the Supreme Court, the municipal judge of a city or, if there is more than one municipal judge for a city, a municipal judge designated by mutual consent of the other municipal judges of that city, shall submit to the Court Administrator a written report of the statistical information required pursuant to [this section and such other] the uniform system for collecting and compiling statistical information [as] regarding the State Court System which is prescribed by the Supreme Court. [The report must include, without limitation, statistical information concerning:

      1.  Those cases which are pending and undecided and the municipal judge to whom each case has been assigned;

      2.  The type and number of cases each municipal judge considered during the preceding month;

      3.  The number of cases submitted to each municipal judge during the preceding month;

      4.  The number of cases decided by each municipal judge during the preceding month; and

      5.  The number of full judicial days in which each municipal judge appeared in court or in chambers in performance of his or her duties during the preceding month.]

      Sec. 11. NRS 6.090 is hereby amended to read as follows:

      6.090  1.  [To constitute a regular panel of trial jurors for the district court in a county in which the board of county commissioners selects jurors on an annual basis, such number of names as the district judge may direct must be drawn from the jury box. The district judge shall make and file with the county clerk an order that a regular panel of trial jurors be drawn, and the number of jurors to be drawn must be named in the order. The drawing must take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. The panel must be drawn by the district judge and clerk, or, if the district judge so directs, by any one of the county commissioners of the county and the clerk. If the district judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the district judge shall make and file with the clerk an order designating the name of the county commissioner and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn are required to attend in court.

      2.  The drawing, for jurors drawn pursuant to subsection 1, must be conducted as follows:

      (a) The number to be drawn having been previously determined by the district judge, the box containing the names of the jurors must first be thoroughly shaken. It must then be opened and the district judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.

 


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      (b) If the officers drawing the jury deem that the attendance of any juror whose name is drawn cannot be obtained conveniently and inexpensively to the county, by reason of the distance of the juror’s residence from the court or other cause, the juror’s name may be returned to the box and in its place the name of another juror drawn whose attendance the officers may deem can be obtained conveniently and inexpensively to the county.

      (c) A list of the names obtained must be made out and certified by the officers drawing the jury. The list must remain in the clerk’s office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire.

      3.]  Whenever trial jurors are selected by a jury commissioner, the district judge may direct the jury commissioner to summon and assign to that court the number of qualified jurors the jury commissioner determines to be necessary for the formation of the petit jury. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists have been established by the jury commissioner.

      [4.]2.  Every person named in the venire must be served by the sheriff personally or by the sheriff or the jury commissioner by mailing a summons to the person, commanding the person to attend as a juror at a time and place designated therein. Mileage is allowed only for personal service. The postage must be paid by the sheriff or the jury commissioner, as the case may be, and allowed him or her as other claims against the county. The sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire is subject to inspection by any officer or attorney of the court.

      Sec. 12. NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice court is entitled to a fee of $40 for each day after the second day of jury selection that the person is in attendance in response to the venire or summons, including Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice court actually sworn and serving is entitled to a fee of $40 a day as compensation for each day of service.

      3.  In addition to the fees specified in subsections 1 and 2, a board of county commissioners may provide that, for each day of such attendance or service, each person is entitled to be paid the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice court and each grand juror and trial juror in the district court or justice court is entitled to receive 36.5 cents a mile for each mile necessarily and actually traveled if the home of the person summoned or serving as a juror is 30 miles or more from the place of trial.

      5.  If the home of a person summoned or serving as such a juror is 65 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, the person is entitled to receive an allowance for lodging at the rate established for state employees, in addition to his or her daily compensation for attendance or service, for each day on which the person does not return to his or her home.

      6.  In civil cases, any fee, per diem allowance, travel expense or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury. If the party paying this money is the prevailing party, the money is recoverable as costs from the losing party.

 


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prevailing party, the money is recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.

      7.  The money paid by [a county] the clerk of the court to jurors for their services in a civil action or proceeding, which the [county] clerk of the court has received from the party demanding the jury, must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

      Sec. 13. NRS 6.160 is hereby amended to read as follows:

      6.160  The [county] clerk of the court in cases in the district court and the deputy clerk of the justice court in cases in the justice court shall keep a payroll, enrolling thereon the names of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial may:

      1.  Give a statement of the amounts due to the jurors to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; or

      2.  Make an immediate payment in cash of the amount owing to each juror.

Ê These payments must be made from and to the extent allowed by the fees collected from the demanding party, pursuant to the provisions of NRS 6.150, and from and to the extent allowed by any other fees which have been collected pursuant to law. The clerk shall obtain from each juror so paid a receipt signed by him or her and indicating the date of payment, the date of service and the amount paid. A duplicate of this receipt must be immediately delivered to the appropriate county auditor, county recorder or county comptroller.

      Sec. 14. Chapter 19 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

      Sec. 15. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 19.010 and section 16 of this act have the meanings ascribed to them in those sections.

      Sec. 16. “Clerk of the court” means:

      1.  In a county where the district court in and for that county has not appointed a clerk, the county clerk when acting as ex officio clerk of the district court.

      2.  In a county where the district court in and for that county has appointed a clerk, the clerk of the district court.

      Sec. 17. NRS 19.013 is hereby amended to read as follows:

      19.013  1.  Except as otherwise provided by specific statute, [each] the county clerk or clerk of the court, as applicable, shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer..................... $56.00

 


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On an appeal to the district court of any case from a justice court or a municipal court, or on the transfer of any case from a justice court or a municipal court................................ $42.00

On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500 72.00

Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner      44.00

On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter      44.00

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants........ 44.00

For filing a notice of appeal................................................................ 24.00

For issuing a transcript of judgment and certifying thereto............. 3.00

For preparing any copy of any record, proceeding or paper, for each page, unless such fee is waived by the county clerk or clerk of the court......................................................................... 0.50

For each certificate of the clerk, under the seal of the court........... 3.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for a certificate of the county clerk or clerk of the court................... 5.00

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity....................... 15.00

For issuing any certificate under seal, not otherwise provided for.. 6.00

For searching records or files in the office of the county clerk [,] or clerk of the court, for each year, unless such fee is waived by the county clerk or clerk of the court, as applicable 0.50

For filing and recording a bond of a notary public, per name...... 15.00

For entering the name of a firm or corporation in the register of the county clerk   20.00

 

      2.  A county clerk may charge and collect, in addition to any fee that a county clerk is otherwise authorized to charge and collect, an additional fee not to exceed $5 for filing and recording a bond of a notary public, per name. On or before the fifth day of each month, the county clerk shall pay to the county treasurer the amount of fees collected by the county clerk pursuant to this subsection for credit to the account established pursuant to NRS 19.016.

 


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      3.  Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk [.] or clerk of the court, as applicable.

      4.  The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk or clerk of the court, as applicable, in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      5.  No fee may be charged to any attorney at law admitted to practice in this State for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or the defendant’s attorney in any criminal case or in habeas corpus proceedings.

      6.  Each county clerk and clerk of the court shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 18. NRS 19.030 is hereby amended to read as follows:

      19.030  1.  Except as otherwise provided by specific statute, on the commencement of any civil action or proceeding in the district court, other than the commencement of a proceeding for an adoption, the [county] clerk of [each county,] the court, in addition to any other fees provided by law, shall charge and collect $32 from the party commencing the action or proceeding.

      2.  On or before the first Monday of each month, the [county] clerk of the court shall pay over to the county treasurer an amount equal to $32 per civil case commenced as provided in subsection 1, for the preceding calendar month, and the county treasurer shall place that money to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees turned over to the county treasurer by the [county] clerk of the court to the State Controller to be placed by the State Controller in the State General Fund.

      Sec. 19. NRS 19.0302 is hereby amended to read as follows:

      19.0302  1.  Except as otherwise provided by specific statute and in addition to any other fee required by law, [each] the clerk of the court [or county clerk, as appropriate,] shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the district court, other than those listed in paragraphs (c), (e) and (f), or on the transfer of any action or proceeding from a district court of another county, to be paid by the party commencing the action, proceeding or transfer....................................................................... $99

      (b) On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants.............................. $99

      (c) On the filing of a petition for letters testamentary, letters of administration or a guardianship, which fee does not include the court fee prescribed by NRS 19.020, to be paid by the petitioner:

             (1) Where the stated value of the estate is $200,000 or more...... $352

             (2) Where the stated value of the estate is more than $20,000 but less than $200,000.................................. $99

             (3) Where the stated value of the estate is $20,000 or less, no fee may be charged or collected.

 


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      (d) On the filing of a motion for summary judgment or a joinder thereto $200

      (e) On the commencement of an action defined as a business matter pursuant to the local rules of practice and on the answer or appearance of any party in any such action or proceeding, to be paid by the party commencing, answering or appearing in the action or proceeding thereto............................................ $1,359

      (f) On the commencement of:

             (1) An action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive; or

             (2) Any other action defined as “complex” pursuant to the local rules of practice,

Ê and on the answer or appearance of any party in any such action or proceeding, to be paid by the party commencing, answering or appearing in the action or proceeding..................................... $349

      (g) On the filing of a third-party complaint, to be paid by the filing party $135

      (h) On the filing of a motion to certify or decertify a class, to be paid by the filing party................................... $349

      (i) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court................................................................................... $10

      2.  Except as otherwise provided in subsection 4, fees collected pursuant to this section must be deposited into a special account administered by the county and maintained for the benefit of the district court. The money in that account must be used only:

      (a) To offset the costs for adding and maintaining new judicial departments, including, without limitation, the cost for additional staff;

      (b) To reimburse the county for any capital costs incurred for maintaining any judicial departments that are added by the 75th Session of the Nevada Legislature; and

      (c) If any money remains in the account in a fiscal year after satisfying the purposes set forth in paragraphs (a) and (b), to:

             (1) Acquire land on which to construct additional facilities for the district court or a regional justice center that includes the district court;

             (2) Construct or acquire additional facilities for the district court or a regional justice center that includes the district court;

             (3) Renovate or remodel existing facilities for the district court or a regional justice center that includes the district court;

             (4) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the district court or a regional justice center that includes the district court;

             (5) Acquire advanced technology;

             (6) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the district court or a regional justice center that includes the district court;

             (7) In a county whose population is less than 100,000, support court appointed special advocate programs for children, at the discretion of the judges of the judicial district;

 


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             (8) In a county whose population is less than 100,000, support legal services to the indigent and to be used by the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent; or

             (9) Be carried forward to the next fiscal year.

      3.  Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the clerk of the court . [or county clerk.]

      4.  Each clerk of the court [or county clerk] shall, on or before the fifth day of each month, account for and pay to the county treasurer:

      (a) In a county whose population is 100,000 or more, an amount equal to $10 of each fee collected pursuant to paragraphs (a) and (b) of subsection 1 during the preceding month. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the clerk of the court [or county clerk] pursuant to this paragraph.

      (b) All remaining fees collected pursuant to this section during the preceding month.

      Sec. 20. NRS 19.031 is hereby amended to read as follows:

      19.031  1.  Except as otherwise provided in subsection 2 and NRS 19.034 , in each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance, the [county] clerk of the court shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of $25 from the party commencing or appearing in the action or proceeding. These fees are in addition to any other fees required by law.

      2.  In each county described in subsection 1, the [county] clerk of the court shall, on the commencement of any action provided for in chapter 125 of NRS, and on the filing of any answer or appearance in any such action, charge and collect a fee of $14 from the party commencing or appearing in the action. These fees are in addition to any other fees required by law.

      3.  On or before the first Monday of each month , the [county] clerk of the court shall pay over to the county treasurer the amount of all fees collected by the [county] clerk of the court pursuant to subsections 1 and 2. Except as otherwise provided in subsection 5, the county treasurer shall remit quarterly to the organization operating the program for legal services all the money received by the county treasurer from the [county] clerk [.] of the court.

      4.  The organization operating the program for legal services shall use any money received pursuant to subsection 3 as follows:

      (a) From each $25 collected pursuant to subsection 1:

             (1) Fifteen dollars and fifty cents for the benefit of indigent persons in the county; and

             (2) Nine dollars and fifty cents for the benefit of elderly persons in the county.

      (b) From each $14 collected pursuant to subsection 2:

 


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             (1) Ten dollars for the benefit of indigent persons in the county; and

             (2) Four dollars for the benefit of elderly persons in the county.

      5.  If the county treasurer receives notice from the State or a political subdivision that an award of attorney’s fees or costs has been made to an organization that receives money pursuant to this section and has been paid, the county treasurer shall:

      (a) Deduct an amount equal to the award from the amount to be paid to the organization; and

      (b) Remit an equal amount to the State or to the political subdivision that paid the fees or costs at the time when the county treasurer would have paid it to the organization.

      6.  The fees which are collected from a county must be used for the benefit of the indigent or elderly persons in that county.

      Sec. 21. NRS 19.0312 is hereby amended to read as follows:

      19.0312  1.  Except as otherwise provided in subsection 2, in addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed:

      (a) Ten dollars to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

      (b) Twenty-five dollars to be paid on the filing of any motion or other paper that seeks to modify or adjust a final order that was issued pursuant to chapter 125, 125B or 125C of NRS and on the filing of any answer or response to such a motion or other paper.

      2.  A board of county commissioners may not by ordinance impose a filing fee pursuant to paragraph (b) of subsection 1 for:

      (a) A motion filed solely to adjust the amount of support for a child set forth in a final order; or

      (b) A motion for reconsideration or for a new trial that is filed within 10 days after a final judgment or decree has been issued.

      3.  On or before the first Monday of each month, in a county in which a fee has been imposed pursuant to subsection 1, the [county] clerk of the court shall account for and pay over to the county treasurer any such fees collected by the [county] clerk of the court during the preceding month. The county treasurer shall remit quarterly to the organization to which the fees are to be paid pursuant to subsection 1 all the money received by the county treasurer from the [county] clerk [.] of the court.

      4.  Any fees collected pursuant to this section must be used for the benefit of the persons to whom the organization operating the program for legal services that receives money pursuant to this section provides legal services without a charge.

      Sec. 22. NRS 19.0313 is hereby amended to read as follows:

      19.0313  1.  Except as otherwise provided in NRS 19.034, in a county whose population is 100,000 or more, the [county] clerk of the court shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding.

 


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on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. The fee required pursuant to this section is in addition to any other fee required by law.

      2.  On or before the first Monday of each month, the [county] clerk of the court shall pay over to the county treasurer the amount of all fees collected by the [county] clerk of the court pursuant to subsection 1 for use in the programs established in accordance with NRS 3.500 and 244.1607.

      3.  Except as otherwise provided in NRS 19.034, the board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the [county] clerk of the court shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established pursuant to NRS 3.500 or 244.1607.

      Sec. 23. NRS 19.0315 is hereby amended to read as follows:

      19.0315  1.  Except as otherwise provided in NRS 19.034, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, a board of county commissioners may impose by ordinance a filing fee in an amount not to exceed $15 to offset a portion of the costs of providing programs of alternative dispute resolution on the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.

      2.  On or before the first Monday of each month, the [county] clerk of the court shall pay over to the county treasurer the amount of all fees collected by the [county] clerk of the court pursuant to subsection 1 for credit to an account for court programs for alternative dispute resolution in the county general fund. The money in the account must be used only to support programs for the arbitration of civil actions pursuant to NRS 38.250 and programs for the resolution of disputes through the use of other alternative methods of resolving disputes pursuant to NRS 38.258.

      3.  The provisions of this section apply only in judicial districts in which a program for alternative dispute resolution has been established pursuant to NRS 38.250 or 38.258.

      4.  As used in this section, “alternative dispute resolution” means alternative methods of resolving disputes, including, without limitation, arbitration and mediation.

      Sec. 24. NRS 19.033 is hereby amended to read as follows:

      19.033  1.  In each county, on the commencement of any action for divorce in the district court, the [county] clerk of the court shall charge and collect, in addition to other fees required by law, a fee of $20. The fee must be paid by the party commencing the action.

 


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      2.  On or before the first Monday of each month, the [county] clerk of the court shall pay over to the county treasurer an amount equal to all fees collected by the [county] clerk of the court pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the State General Fund. Quarterly, the county treasurer shall remit all money so collected to the State Controller, who shall place the money in an account in the State General Fund for use by the Director of the Department of Employment, Training and Rehabilitation to administer the provisions of NRS 388.605 to 388.655, inclusive.

      3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $6 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:

      (a) On the appearance of a defendant in the action in the district court, the [county] clerk [,] of the court, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

      (b) On or before the fifth day of each month, the [county] clerk of the court shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

      Sec. 25. NRS 19.034 is hereby amended to read as follows:

      19.034  If the agency which provides child welfare services, or a child-placing agency licensed by the Division of Child and Family Services of the Department of Health and Human Services pursuant to chapter 127 of NRS, consents to the adoption of a child with special needs pursuant to NRS 127.186, [a county] the clerk of the court shall reduce the total filing fee to not more than $1 for filing the petition to adopt such a child.

      Sec. 26. NRS 19.035 is hereby amended to read as follows:

      19.035  Notwithstanding any other provision of this chapter, [a county] the clerk of the court shall neither charge nor collect any fee for any service rendered by the [county] clerk of the court to:

      1.  The State of Nevada;

      2.  The county [of] in which he or she is [county] clerk [;] of the court;

      3.  Any city or town within that county;

      4.  The school district of that county;

      5.  Any general improvement district which is located within that county; or

      6.  Any officer of the State, that county or any such city, town, school district or general improvement district in the officer’s official capacity.

      Sec. 27. NRS 19.040 is hereby amended to read as follows:

      19.040  [1.]  Every [county] clerk of the court shall publish and set up by conventional or electronic means, in some conspicuous place in his or her office and on the Internet website of the clerk of the court, a table of fees according to this chapter for the inspection of all persons who have business in the office of the [county clerk.

      2.  Any county clerk who fails to comply with the provisions of subsection 1 shall forfeit for each day of omission a sum not exceeding $20, which, together with costs, may be recovered by any person in an action before a justice of the peace of the same county.] clerk of the court.

      Sec. 28. NRS 19.050 is hereby amended to read as follows:

      19.050  Except as otherwise provided in subsection 8 of NRS 127.186, when by law any publication is required to be made by a [county] clerk of the court of any suit, process, notice, order or other paper, the cost of such publication shall, if demanded, be tendered by the party to whom such order, process, notice or other paper was granted before the [county] clerk of the court shall be compelled to make publication thereof.

 


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the court of any suit, process, notice, order or other paper, the cost of such publication shall, if demanded, be tendered by the party to whom such order, process, notice or other paper was granted before the [county] clerk of the court shall be compelled to make publication thereof.

      Sec. 29. NRS 19.060 is hereby amended to read as follows:

      19.060  Except as otherwise provided by specific statute, all fees prescribed in this chapter must be paid in advance, if demanded. If [any county] a clerk of the court has not received any or all of the fees which may be due for services rendered by the [county] clerk of the court in any suit or proceeding, the [county] clerk of the court may have execution therefor in [his or her own] the clerk’s name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the judge or court upon affidavit filed.

      Sec. 30. NRS 19.070 is hereby amended to read as follows:

      19.070  A [county] clerk of the court shall not charge any fee that is not authorized by law.

      Sec. 31. NRS 19.080 is hereby amended to read as follows:

      19.080  [Each county] The clerk of the court shall keep in his or her office, open to public inspection, a fee book or electronic record in which the [county] clerk of the court shall enter in detail the fees charged with the title or the case number of the matter, proceeding or action in which they were charged.

      Sec. 32. NRS 19.090 is hereby amended to read as follows:

      19.090  1.  [Each county] The clerk of the court shall, on [the first Monday in January, April, July and October,] or before the 15th day of each month, make out and file with the county official designated by the board of county commissioners a full and correct statement under oath of all fees, percentage or compensation, of whatever nature or kind, received in his or her official capacity during the preceding [3 months.] month. In the statement, the [county] clerk of the court shall set forth the cause in which and the services for which such compensations were received.

      2.  Nothing in this section shall be so construed as to require personal attendance in filing the statements, and such statements may be transmitted by mail, express or otherwise directed to the county official designated by the board of county commissioners.

      Sec. 33. NRS 19.110 is hereby amended to read as follows:

      19.110  [If any county] The clerk [takes] of the court shall not take more or greater fees than are authorized by law . [, the county clerk shall be liable to indictment, and on conviction shall be removed from office and fined in any sum not exceeding $1,000.]

      Sec. 34. NRS 33.090 is hereby amended to read as follows:

      33.090  1.  A person may register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States by presenting a certified copy of the order to the clerk of [the] a court of competent jurisdiction in a judicial district in which the person believes that enforcement may be necessary.

      2.  The clerk of the court shall:

      (a) Maintain a record of each order registered pursuant to this section;

      (b) Provide the protected party with a [certified] copy of the order registered pursuant to this section bearing proof of registration with the court;

 


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      (c) Forward, by conventional or electronic means, by the end of the next business day, a copy of an order registered pursuant to this section to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the protected party or the child of the protected party; and

      (d) Inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

      3.  The clerk of the court shall not:

      (a) Charge a fee for registering an order or for providing a certified copy of an order pursuant to this section.

      (b) Notify the party against whom the order has been made that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe has been registered in this State.

      4.  A person who registers an order pursuant to this section must not be charged to have the order served in this State.

      Sec. 34.5. NRS 40.650 is hereby amended to read as follows:

      40.650  1.  If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:

      (a) Deny the claimant’s attorney’s fees and costs; and

      (b) Award attorney’s fees and costs to the contractor.

Ê Any sums paid under a homeowner’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

      2.  If a contractor, subcontractor, supplier or design professional fails to:

      (a) Comply with the provisions of NRS 40.6472;

      (b) Make an offer of settlement;

      (c) Make a good faith response to the claim asserting no liability;

      (d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or

      (e) Participate in mediation,

Ê the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.

      3.  If a residence or appurtenance that is the subject of the claim is covered by a homeowner’s warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract. If coverage under a homeowner’s warranty is denied by an insurer in bad faith, the homeowner and the contractor, subcontractor, supplier or design professional have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.

      4.  Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure [or NRS 17.115] if the offer of judgment includes all damages to which the claimant is entitled pursuant to NRS 40.655.

 


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      Sec. 35. NRS 41.260 is hereby amended to read as follows:

      41.260  There shall be no fee charged or collected by [any county] the clerk of the court for any proceeding under the provisions of NRS 41.209 to 41.260, inclusive.

      Sec. 35.2. NRS 92A.500 is hereby amended to read as follows:

      92A.500  1.  The court in a proceeding to determine fair value shall determine all of the costs of the proceeding, including the reasonable compensation and expenses of any appraisers appointed by the court. The court shall assess the costs against the subject corporation, except that the court may assess costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously or not in good faith in demanding payment.

      2.  The court may also assess the fees and expenses of the counsel and experts for the respective parties, in amounts the court finds equitable:

      (a) Against the subject corporation and in favor of all dissenters if the court finds the subject corporation did not substantially comply with the requirements of NRS 92A.300 to 92A.500, inclusive; or

      (b) Against either the subject corporation or a dissenter in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously or not in good faith with respect to the rights provided by NRS 92A.300 to 92A.500, inclusive.

      3.  If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the subject corporation, the court may award to those counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited.

      4.  In a proceeding commenced pursuant to NRS 92A.460, the court may assess the costs against the subject corporation, except that the court may assess costs against all or some of the dissenters who are parties to the proceeding, in amounts the court finds equitable, to the extent the court finds that such parties did not act in good faith in instituting the proceeding.

      5.  To the extent the subject corporation fails to make a required payment pursuant to NRS 92A.460, 92A.470 or 92A.480, the dissenter may bring a cause of action directly for the amount owed and, to the extent the dissenter prevails, is entitled to recover all expenses of the suit.

      6.  This section does not preclude any party in a proceeding commenced pursuant to NRS 92A.460 or 92A.490 from applying the provisions of N.R.C.P. 68 . [or NRS 17.115.]

      Sec. 35.5. NRS 176.285 is hereby amended to read as follows:

      176.285  In Justice Court, when a fine is paid or bail is forfeited, the justice must pay the same to the county treasurer [within 30 days thereafter.] on or before the fifth day of the month immediately following the month in which the fine is paid or bail is forfeited.

      Sec. 36. NRS 176A.220 is hereby amended to read as follows:

      176A.220  1.  The court shall, upon the entering of an order of probation or suspension of sentence, as provided for in this chapter, direct the clerk of the court to [certify] deliver a copy of the records in the case [and deliver the copy] to the Chief Parole and Probation Officer.

      2.  At the court’s discretion, the court may direct the clerk of the court to deliver the copy of the records in the case in writing, by electronic means or by providing the Chief Parole and Probation Officer access to the electronic systems necessary to retrieve the records.

 


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      Sec. 37. NRS 178.508 is hereby amended to read as follows:

      178.508  1.  If the defendant fails to appear when the defendant’s presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:

      (a) Enter upon its minutes that the defendant failed to appear;

      (b) Not later than 45 days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and

      (c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if the depositor is not the defendant, be given notice that the defendant has failed to appear, by certified mail within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney at the same time that notice is given to each surety or the depositor.

      2.  Except as otherwise provided in subsection 3 and NRS 178.509, an order of forfeiture of any undertaking or money deposited instead of bail bond must be prepared by the clerk of the court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. [If the defendant who failed to appear has been charged with the commission of a gross misdemeanor or felony, a copy of the order must be forwarded to the Office of Court Administrator.] The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed pursuant to subsection 1.

      3.  The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:

      (a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.

      (b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:

             (1) Is ill;

             (2) Is insane; or

             (3) Is being detained by civil or military authorities,

Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

      Sec. 38. NRS 178.509 is hereby amended to read as follows:

      178.509  1.  If the defendant fails to appear when the defendant’s presence in court is lawfully required, the court shall not exonerate the surety before the date of forfeiture prescribed in NRS 178.508 unless:

      (a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or

      (b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because the defendant:

             (1) Is dead;

             (2) Is ill;

             (3) Is insane;

 


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             (4) Is being detained by civil or military authorities; or

             (5) Has been deported,

Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.

      2.  If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.

      [3.  If the court exonerates a surety pursuant to this section and there is any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall:

      (a) Prepare an order exonerating the surety; and

      (b) Forward a copy of the order to the Office of Court Administrator.]

      Sec. 39. NRS 178.512 is hereby amended to read as follows:

      178.512  1.  The court shall not set aside a forfeiture unless:

      (a) The surety submits an application to set it aside on the ground that the defendant:

             (1) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for the defendant’s absence;

             (2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of the defendant’s death before that date;

             (3) Was unable to appear before the court before the date of the forfeiture because of the defendant’s illness or insanity, but the surety did not know and could not reasonably have known of the illness or insanity before that date;

             (4) Was unable to appear before the court before the date of the forfeiture because the defendant was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of the defendant’s detention before that date; or

             (5) Was unable to appear before the court before the date of the forfeiture because the defendant was deported, but the surety did not know and could not reasonably have known of the defendant’s deportation before that date,

Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and

      (b) The court determines that justice does not require the enforcement of the forfeiture.

      2.  If the court sets aside a forfeiture pursuant to subsection 1 and the forfeiture includes any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall make a written finding in support of setting aside the forfeiture. [The court shall mail a copy of the order setting aside the forfeiture to the Office of Court Administrator immediately upon entry of the order.]

      Sec. 40. NRS 178.514 is hereby amended to read as follows:

      178.514  1.  When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.

 

 


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      2.  If [the Office of Court Administrator has not received] an order setting aside a forfeiture has not been entered within 180 days after the issuance of the order of forfeiture, [the Court Administrator shall request that the court that ordered the forfeiture institute proceedings to enter a judgment of default with respect to the amount of the undertaking or money deposited instead of bail bond with the court. Not later than 30 days after receipt of the request from the Office of Court Administrator,] the court shall enter judgment by default and commence execution proceedings therein.

      3.  By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses.

      Sec. 41. NRS 2.260, 4.110, 4.200, 4.250, 4.330, 5.075, 6.050, 6.060, 6.070, 6.080, 17.115, 19.100 and 177.267 are hereby repealed.

________

CHAPTER 443, AB 113

Assembly Bill No. 113–Committee on Judiciary

 

CHAPTER 443

 

[Approved: June 9, 2015]

 

AN ACT relating to juvenile justice; revising provisions governing the sealing of juvenile records; setting forth factors that the juvenile court may consider in determining whether a child has been rehabilitated to the satisfaction of the juvenile court; providing that certain portions of juvenile records relating to certain civil judgments must not be sealed until the judgment is satisfied or expires; including the Chief of the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services as a person entitled to notification of the filing of a petition for the sealing of juvenile records and authorized to testify at a hearing on the petition if the circumstances warrant; revising the circumstances in which the juvenile court may order the inspection of sealed juvenile records; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, if a child is less than 21 years of age, the child or a probation officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. (NRS 62H.130) Section 1 of this bill revises the requirements for such a petition to be filed. Existing law also provides that the juvenile court shall enter an order sealing all records relating to a child if the juvenile court finds that: (1) during the previous 3 years, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude; and (2) the child has been rehabilitated to the satisfaction of the juvenile court. (NRS 62H.130) Section 1 instead provides that if the juvenile court makes such findings, then the juvenile court: (1) may enter an order sealing all records relating to the child if the child is less than 18 years of age; and (2) shall enter an order sealing all records relating to the child if the child is 18 years of age or older.

 


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child if the child is 18 years of age or older. Section 1 also: (1) sets forth various factors that the juvenile court may consider in determining whether a child has been rehabilitated to the satisfaction of the juvenile court; and (2) provides that if the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires.

      Existing law requires the juvenile court to notify the district attorney and, in certain circumstances, the chief probation officer, if a petition is filed to seal juvenile records. Additionally, the district attorney and the chief probation officer, any of their deputies or any other person who has evidence that is relevant to consideration of the petition is authorized to testify at the hearing on the petition. (NRS 62H.130, 62H.150) Sections 1 and 3 of this bill include the Chief of the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services as a person who, if the circumstances warrant, is entitled to notification of the filing of a petition for the sealing of juvenile records and is authorized to testify at a hearing on the petition.

      Existing law further provides that the juvenile court may order the inspection of juvenile records that are sealed in certain circumstances, including if the juvenile court determines that the inspection of the records is necessary to perform bona fide outcome and recidivism studies. (NRS 62H.170) Section 4 of this bill: (1) adds to these circumstances the situation in which the person who is the subject of the records has committed an act which subjects the person to the jurisdiction of the juvenile court and which may form the basis of a civil action and a person who, in good faith, intends to bring or has brought the civil action, or any other person who is a party to the civil action, petitions the juvenile court to permit inspection of the records to obtain information relating to the person who is the subject of the records; and (2) specifies that performing bona fide outcome and recidivism studies may include using personal identifying information from sealed juvenile records to perform criminal background checks on persons who were adjudicated pursuant to title 5 of NRS.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 62H.130 is hereby amended to read as follows:

      62H.130  1.  If a child is less than 21 years of age, the child or a probation or parole officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. The petition may be filed [not] :

      (a) Not earlier than 3 years after the child [:

      (a) Was] was last adjudicated in need of supervision , [or] adjudicated delinquent [;] or placed under the supervision of the juvenile court pursuant to NRS 62C.230; and

      (b) [Was last referred to the juvenile court,

Ê whichever is later.] If, at the time the petition is filed, the child does not have any delinquent or criminal charges pending.

      2.  If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation or parole officer is not the petitioner, the chief probation officer [.] or the Chief of the Youth Parole Bureau.

      3.  The district attorney and the chief probation officer [,] or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

 


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      4.  [After] Except as otherwise provided in subsection 6, after the hearing on the petition, [the juvenile court shall enter an order sealing all records relating to the child] if the juvenile court finds that [:

      (a) During] during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude [;] and

      [(b) The] the child has been rehabilitated to the satisfaction of the juvenile court [.] , the juvenile court:

      (a) May enter an order sealing all records relating to the child if the child is less than 18 years of age; and

      (b) Shall enter an order sealing all records relating to the child if the child is 18 years of age or older.

      5.  In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4, the juvenile court may consider:

      (a) The age of the child;

      (b) The nature of the offense and the role of the child in the commission of the offense;

      (c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or placed under the supervision of the juvenile court pursuant to NRS 62C.230;

      (d) The response of the child to any treatment or rehabilitation program;

      (e) The education and employment history of the child;

      (f) The statement of the victim;

      (g) The nature of any criminal offense for which the child was convicted;

      (h) Whether the sealing of the record would be in the best interest of the child and the State; and

      (i) Any other circumstance that may relate to the rehabilitation of the child.

      6.  If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires. After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.

      Sec. 2. NRS 62H.140 is hereby amended to read as follows:

      62H.140  Except as otherwise provided in NRS 62H.130 and 62H.150, when a child reaches 21 years of age, all records relating to the child must be sealed automatically.

      Sec. 3. NRS 62H.150 is hereby amended to read as follows:

      62H.150  1.  If a child is adjudicated delinquent for an unlawful act listed in subsection 6 and the records relating to that unlawful act have not been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age, unless the records have not been sealed pursuant to subsection 6 of NRS 62H.130, those records must not be sealed before the child reaches 30 years of age.

      2.  After the child reaches 30 years of age, the child may petition the juvenile court for an order sealing those records.

 


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      3.  If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and the chief probation officer [.] or the Chief of the Youth Parole Bureau.

      4.  The district attorney and the chief probation officer [,] or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

      5.  After the hearing on the petition, the juvenile court may enter an order sealing the records relating to the child if the juvenile court finds that, during the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic offenses.

      6.  The provisions of this section apply to any of the following unlawful acts:

      (a) An unlawful act which, if committed by an adult, would have constituted:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Battery with intent to commit sexual assault pursuant to NRS 200.400; or

             (3) Lewdness with a child pursuant to NRS 201.230.

      (b) An unlawful act which would have been a felony if committed by an adult and which involved the use or threatened use of force or violence.

      Sec. 4. NRS 62H.170 is hereby amended to read as follows:

      62H.170  1.  Except as otherwise provided in this section, if the records of a person are sealed:

      (a) All proceedings recounted in the records are deemed never to have occurred; and

      (b) The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.

      2.  The juvenile court may order the inspection of records that are sealed if:

      (a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;

      (b) An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency;

      (c) A [district] prosecuting attorney or [an attorney representing] a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons , including the defendant, who were involved in the acts detailed in the records; [or]

      (d) The person who is the subject of the records has committed an act which subjects the person to the jurisdiction of the juvenile court and which may form the basis of a civil action and a person who, in good faith, intends to bring or has brought the civil action, or any other person who is a party to the civil action, petitions the juvenile court to permit the inspection of the records to obtain information relating to the person who is the subject of the records; or

      (e) The juvenile court determines that the inspection of the records is necessary to:

 


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             (1) Perform bona fide outcome and recidivism studies [;] , which may include, without limitation, using personal identifying information from sealed juvenile records to perform criminal background checks on persons who were adjudicated pursuant to this title;

             (2) Further bona fide research to determine the effectiveness of juvenile justice services;

             (3) Improve the delivery of juvenile justice services; or

             (4) Obtain additional resources for the delivery of juvenile justice services.

Ê Personal identifying information contained in records inspected or obtained from criminal background checks pursuant to this paragraph must remain confidential in a manner consistent with any applicable laws and regulations.

      3.  Upon its own order, any court of this State may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.

________

CHAPTER 444, AB 114

Assembly Bill No. 114–Committee on Judiciary

 

CHAPTER 444

 

[Approved: June 9, 2015]

 

AN ACT relating to restitution; providing that a judgment requiring the payment of restitution does not expire until it is satisfied; exempting such a judgment from the time limitation for commencing an action upon or seeking the renewal thereof; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a judgment which, among other things, requires a defendant in a criminal action to pay restitution constitutes a lien which is enforceable as a judgment in a civil action. (NRS 176.275) Existing law also provides that an action upon a judgment or decree or for the renewal of such judgment or decree must be commenced within 6 years. (NRS 11.190) This bill: (1) provides that a judgment requiring a defendant in a criminal action or a parent or guardian of a child to pay restitution does not expire until it is satisfied; and (2) exempts such a judgment from the time limitation for commencing an action or seeking the renewal thereof.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 176.275 is hereby amended to read as follows:

      176.275  1.  A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of a defense constitutes a lien in like manner as a judgment for money rendered in a civil action.

      2.  A judgment which requires a defendant to pay restitution:

 


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      (a) May be recorded, docketed and enforced as any other judgment for money rendered in a civil action.

      (b) Does not expire until the judgment is satisfied.

      3.  An independent action to enforce a judgment which requires a defendant to pay restitution may be commenced at any time.

      Sec. 2. NRS 176A.850 is hereby amended to read as follows:

      176A.850  1.  A person who:

      (a) Has fulfilled the conditions of probation for the entire period thereof;

      (b) Is recommended for earlier discharge by the Division; or

      (c) Has demonstrated fitness for honorable discharge but because of economic hardship, verified by the Division, has been unable to make restitution as ordered by the court,

Ê may be granted an honorable discharge from probation by order of the court.

      2.  Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge [.] and is enforceable pursuant to NRS 176.275.

      3.  Except as otherwise provided in subsection 4, a person who has been honorably discharged from probation:

      (a) Is free from the terms and conditions of probation.

      (b) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (c) Four years after the date of honorable discharge from probation, is restored to the right to hold office.

      (d) Six years after the date of honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.

      (e) If the person meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to the conviction.

      (f) Must be informed of the provisions of this section and NRS 179.245 in the person’s probation papers.

      (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.

      (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

      (i) Except as otherwise provided in paragraph (h), need not disclose the conviction to an employer or prospective employer.

      4.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of the honorable discharge from probation.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of honorable discharge from probation.

 


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      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of civil rights as set forth in subsection 3.

      5.  The prior conviction of a person who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.

      6.  Except for a person subject to the limitations set forth in subsection 4, upon honorable discharge from probation, the person so discharged must be given an official document which provides:

      (a) That the person has received an honorable discharge from probation;

      (b) That the person has been restored to his or her civil rights to vote and to serve as a juror in a civil action as of the date of honorable discharge from probation;

      (c) The date on which the person’s civil right to hold office will be restored pursuant to paragraph (c) of subsection 3; and

      (d) The date on which the person’s civil right to serve as a juror in a criminal action will be restored pursuant to paragraph (d) of subsection 3.

      7.  Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this State or elsewhere and whose official documentation of honorable discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person’s civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation and is eligible to be restored to the civil rights set forth in subsection 3, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.

      8.  A person who has been honorably discharged from probation in this State or elsewhere may present:

      (a) Official documentation of honorable discharge from probation, if it contains the provisions set forth in subsection 6; or

      (b) A court order restoring the person’s civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 3.

      Sec. 3. NRS 176A.870 is hereby amended to read as follows:

      176A.870  A defendant whose term of probation has expired and:

      1.  Whose whereabouts are unknown;

      2.  Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or

      3.  Who has otherwise failed to qualify for an honorable discharge as provided in NRS 176A.850,

Ê is not eligible for an honorable discharge and must be given a dishonorable discharge. A dishonorable discharge releases the probationer from any further obligation, except a civil liability arising on the date of discharge for any unpaid restitution [,] which is enforceable pursuant to NRS 176.275, but does not entitle the probationer to any privilege conferred by NRS 176A.850.

 


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      Sec. 4. NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

      1.  Within 6 years:

      (a) [An] Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

 


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      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      (f) An action to recover damages under NRS 41.740.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 4.5. NRS 62B.420 is hereby amended to read as follows:

      62B.420  1.  Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine, administrative assessment, fee or restitution or to make any other payment and the fine, administrative assessment, fee, restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment, the juvenile court may enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim, the state or local entity to whom the amount is owed or both. The juvenile court may not enter a civil judgment against a person who is a child unless the person has attained the age of 18 years, the person is a child who is determined to be outside the jurisdiction of the juvenile court pursuant to NRS 62B.330 or 62B.335 or the person is a child who is certified for proper criminal proceedings as an adult pursuant to NRS 62B.390.

      2.  Notwithstanding the termination of the jurisdiction of the juvenile court pursuant to NRS 62B.410 or the termination of any period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1. The juvenile court may supervise the civil judgment and take any of the actions authorized by the laws of this State.

      3.  A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. A judgment which requires a parent or guardian of a child to pay restitution does not expire until the judgment is satisfied.

 


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until the judgment is satisfied. An independent action to enforce a judgment that requires a parent or guardian of a child to pay restitution may be commenced at any time.

      4.  If the juvenile court enters a civil judgment pursuant to subsection 1, the person or persons against whom the judgment is issued is liable for a collection fee, to be imposed by the juvenile court at the time the civil judgment is issued, of:

      (a) Not more than $100, if the amount of the judgment is less than $2,000.

      (b) Not more than $500, if the amount of the judgment is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the judgment, if the amount of the judgment is $5,000 or greater.

      5.  In addition to attempting to collect the judgment through any other lawful means, a victim, a representative of the victim or a state or local entity that is responsible for collecting a civil judgment entered pursuant to subsection 1 may take any or all of the following actions:

      (a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate information concerning credit. If the judgment was entered against a person who was less than 21 years of age at the time the judgment was entered, the judgment cannot be reported pursuant to this paragraph until the person reaches 21 years of age.

      (b) Request that the juvenile court take appropriate action pursuant to subsection 6.

      (c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the judgment and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 4, in accordance with the provisions of the contract.

      6.  If the juvenile court determines that a child or the parent or guardian of a child against whom a civil judgment has been entered pursuant to subsection 1 has failed to make reasonable efforts to satisfy the civil judgment, the juvenile court may take any of the following actions:

      (a) Order the suspension of the driver’s license of a child for a period not to exceed 1 year. If the child is already the subject of a court order suspending the driver’s license of the child, the juvenile court may order the additional suspension to apply consecutively with the previous order. At the time the juvenile court issues an order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all driver’s licenses then held by the child. The juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the driving record of a child, but such a suspension must not be considered for the purpose of rating or underwriting.

 

 

 

 

 


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      (b) If a child does not possess a driver’s license, prohibit the child from applying for a driver’s license for a period not to exceed 1 year. If the child is already the subject of a court order delaying the issuance of a license to drive, the juvenile court may order any additional delay in the ability of the child to apply for a driver’s license to apply consecutively with the previous order. At the time the juvenile court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver’s license, the juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.

      (c) If the civil judgment was issued for a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      (d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for contempt in the manner provided in NRS 62E.040. A person who is indigent may not be punished for contempt pursuant to this subsection.

      7.  Money collected from a collection fee imposed pursuant to subsection 4 must be deposited and used in the manner set forth in subsection 4 of NRS 176.064.

      8.  If the juvenile court enters a civil judgment pursuant to subsection 1 and the person against whom the judgment is entered is convicted of a crime before he or she satisfies the civil judgment, the court sentencing the person for that crime shall include in the sentence the civil judgment or such portion of the civil judgment that remains unpaid.

      Sec. 5. NRS 213.154 is hereby amended to read as follows:

      213.154  1.  The Division shall issue an honorable discharge to a parolee whose term of sentence has expired if the parolee has:

      (a) Fulfilled the conditions of his or her parole for the entire period of his or her parole; or

      (b) Demonstrated his or her fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court.

      2.  The Division shall issue a dishonorable discharge to a parolee whose term of sentence has expired if:

      (a) The whereabouts of the parolee are unknown;

      (b) The parolee has failed to make full restitution as ordered by the court, without a verified showing of economic hardship; or

      (c) The parolee has otherwise failed to qualify for an honorable discharge pursuant to subsection 1.

      3.  Any amount of restitution that remains unpaid by a person after the person has been discharged from parole constitutes a civil liability as of the date of discharge [.] and is enforceable pursuant to NRS 176.275.

      Sec. 6.  The amendatory provisions of this act apply to any judgment which requires a defendant to pay restitution which is rendered before, on or after October 1, 2015.

________

 


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CHAPTER 445, AB 263

Assembly Bill No. 263–Assemblymen Stewart; Munford, Silberkraus and Woodbury

 

CHAPTER 445

 

[Approved: June 9, 2015]

 

AN ACT relating to domestic relations; repealing certain provisions relating to the custody of children and enacting certain similar provisions relating to the custody of children; prohibiting a parent who has primary or joint physical custody of a child pursuant to an order, judgment or decree of a court from relocating with the child outside this State or to certain locations within this State without the written consent of the other parent or the permission of the court as the circumstances require; authorizing an award of reasonable attorney’s fees and costs to a parent in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth provisions concerning the custody of children as it relates to the dissolution of marriage. (NRS 125.450-125.520) Section 19 of this bill repeals almost all of these provisions. Sections 3-12 of this bill add such repealed provisions, with certain revisions, to chapter 125C of NRS, which concerns custody and visitation of children generally. The addition of such provisions to chapter 125C of NRS expands their applicability to the custody of all children regardless of whether they were born to parents who were married or unmarried.

      Section 4 provides that absent a determination by a court regarding the custody of a child, each parent has joint legal custody and joint physical custody of the child until otherwise ordered by a court. Sections 5 and 6 provide that if a parent has demonstrated, or has attempted to demonstrate but has had his or her efforts frustrated by the other parent, an intent to establish a meaningful relationship with a child, such a demonstration or attempted demonstration creates a presumption that joint legal and physical custody, respectively, is in the best interest of the child. Section 7 authorizes a court to award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child, and sets forth circumstances in which an award of joint physical custody is presumed not to be in the best interest of a child. Section 7 also sets forth the circumstances in which a court may award primary physical custody to a mother or father of a child born out of wedlock.

      Existing law requires a parent with primary physical custody of a child who intends to move outside this State with the child to: (1) obtain the written consent of the noncustodial parent; or (2) if the noncustodial parent refuses to give such consent, petition the court for permission to move with the child. (NRS 125C.200) Section 16 of this bill additionally requires a parent with primary physical custody of a child to take such actions if the parent intends to relocate to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child. Section 13 of this bill requires a parent who has joint physical custody of a child pursuant to an order, judgment or decree of a court and wants to relocate outside this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child to: (1) obtain the written consent of the non-relocating parent; or (2) if the non-relocating parent refuses to give such consent, petition the court for primary physical custody of the child for the purpose of relocating. Sections 13 and 16 also authorize the court to award reasonable attorney’s fees and costs to a relocating parent or custodial parent, respectively, if the non-relocating parent or noncustodial parent refused to give consent to the relocation: (1) without having reasonable grounds for such refusal; or (2) for the purpose of harassing the relocating or custodial parent.

 


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respectively, if the non-relocating parent or noncustodial parent refused to give consent to the relocation: (1) without having reasonable grounds for such refusal; or (2) for the purpose of harassing the relocating or custodial parent.

      Section 14 of this bill requires a parent who files a petition for permission to relocate with a child to demonstrate to the court certain reasons and benefits relating to the relocation. Section 14 also requires the court to consider certain factors in determining whether to allow a parent to relocate with a child. Under section 18 of this bill, a parent who relocates with a child without the written consent of the other parent or the permission of the court or before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child, as applicable, is guilty of a category D felony unless the parent: (1) demonstrates a compelling excuse for the relocation; or (2) relocated to protect the child or the parent from danger. Additionally, section 15 of this bill provides that if a parent relocates with a child in violation of section 18: (1) the court cannot consider any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent in making any determination; and (2) the non-relocating parent can recover reasonable attorney’s fees and costs incurred as a result of the relocating parent’s violation.

      Section 18 further provides that a parent who, pursuant to section 4, has joint legal and physical custody of a child because a court has not made a determination regarding the custody of the child is prohibited from willfully concealing or removing the child from the custody of the other parent with the specific intent to frustrate the efforts of the other parent to establish or maintain a meaningful relationship with the child. Unless a parent who takes such actions can demonstrate to the satisfaction of the court that he or she was protecting the child or himself or herself from an act that constitutes domestic violence, the parent is guilty of a category D felony.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 125.040 is hereby amended to read as follows:

      125.040  1.  In any suit for divorce the court may, in its discretion, upon application by either party and notice to the other party, require either party to pay moneys necessary to assist the other party in accomplishing one or more of the following:

      (a) To provide temporary maintenance for the other party;

      (b) To provide temporary support for children of the parties; or

      (c) To enable the other party to carry on or defend such suit.

      2.  The court may make any order affecting property of the parties, or either of them, which it may deem necessary or desirable to accomplish the purposes of this section. Such orders shall be made by the court only after taking into consideration the financial situation of each of the parties.

      3.  The court may make orders pursuant to this section concurrently with orders pursuant to [NRS 125.470.] section 12 of this act.

      Sec. 2. Chapter 125C of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 15, inclusive, of this act.

      Sec. 3. The Legislature declares that it is the policy of this State:

      1.  To ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have ended their relationship, become separated or dissolved their marriage;

      2.  To encourage such parents to share the rights and responsibilities of child rearing; and

 


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      3.  To establish that such parents have an equivalent duty to provide their minor children with necessary maintenance, health care, education and financial support. As used in this subsection, “equivalent” must not be construed to mean that both parents are responsible for providing the same amount of financial support to their children.

      Sec. 4. 1.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

      2.  If a court has not made a determination regarding the custody of a child, each parent has joint legal custody and joint physical custody of the child until otherwise ordered by a court of competent jurisdiction.

      Sec. 5. 1.  When a court is making a determination regarding the legal custody of a child, there is a presumption, affecting the burden of proof, that joint legal custody would be in the best interest of a minor child if:

      (a) The parents have agreed to an award of joint legal custody or so agree in open court at a hearing for the purpose of determining the legal custody of the minor child; or

      (b) A parent has demonstrated, or has attempted to demonstrate but has had his or her efforts frustrated by the other parent, an intent to establish a meaningful relationship with the minor child.

      2.  The court may award joint legal custody without awarding joint physical custody.

      Sec. 6. 1.  When a court is making a determination regarding the physical custody of a child, there is a preference that joint physical custody would be in the best interest of a minor child if:

      (a) The parents have agreed to an award of joint physical custody or so agree in open court at a hearing for the purpose of determining the physical custody of the minor child; or

      (b) A parent has demonstrated, or has attempted to demonstrate but has had his or her efforts frustrated by the other parent, an intent to establish a meaningful relationship with the minor child.

      2.  For assistance in determining whether an award of joint physical custody is appropriate, the court may direct that an investigation be conducted.

      Sec. 7.  1.  A court may award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child. An award of joint physical custody is presumed not to be in the best interest of the child if:

      (a) The court determines by substantial evidence that a parent is unable to adequately care for a minor child for at least 146 days of the year;

      (b) A child is born out of wedlock and the provisions of subsection 2 are applicable; or

      (c) Except as otherwise provided in subsection 6 of section 8 of this act or NRS 125C.210, there has been a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that a parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child. The presumption created by this paragraph is a rebuttable presumption.

 


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      2.  A court may award primary physical custody of a child born out of wedlock to:

      (a) The mother of the child if:

             (1) The mother has not married the father of the child;

             (2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and

             (3) The father of the child:

                   (I) Is not subject to any presumption of paternity under NRS 126.051;

                   (II) Has never acknowledged paternity pursuant to NRS 126.053; or

                   (III) Has had actual knowledge of his paternity but has abandoned the child.

      (b) The father of the child if:

             (1) The mother has abandoned the child; and

             (2) The father has provided sole care and custody of the child in her absence.

      3.  As used in this section:

      (a) “Abandoned” means that a mother or father has:

             (1) Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or

             (2) Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child.

      (b) “Expedited process” has the meaning ascribed to it in NRS 126.161.

      Sec. 8. 1.  In any action for determining physical custody of a minor child, the sole consideration of the court is the best interest of the child. If it appears to the court that joint physical custody would be in the best interest of the child, the court may grant physical custody to the parties jointly.

      2.  Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.

      3.  The court shall award physical custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

      (a) To both parents jointly pursuant to section 6 of this act or to either parent pursuant to section 7 of this act. If the court does not enter an order awarding joint physical custody of a child after either parent has applied for joint physical custody, the court shall state in its decision the reason for its denial of the parent’s application.

      (b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.

      (c) To any person related within the fifth degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

      (d) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

      4.  In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

 


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      (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.

      (b) Any nomination of a guardian for the child by a parent.

      (c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

      (d) The level of conflict between the parents.

      (e) The ability of the parents to cooperate to meet the needs of the child.

      (f) The mental and physical health of the parents.

      (g) The physical, developmental and emotional needs of the child.

      (h) The nature of the relationship of the child with each parent.

      (i) The ability of the child to maintain a relationship with any sibling.

      (j) Any history of parental abuse or neglect of the child or a sibling of the child.

      (k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

      (l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.

      5.  Except as otherwise provided in subsection 6 or NRS 125C.210, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint physical custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:

      (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

      6.  If after an evidentiary hearing held pursuant to subsection 5 the court determines that each party has engaged in acts of domestic violence, it shall, if possible, then determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

      (a) All prior acts of domestic violence involving either party;

      (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

      (c) The likelihood of future injury;

      (d) Whether, during the prior acts, one of the parties acted in self-defense; and

      (e) Any other factors which the court deems relevant to the determination.

Ê In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies to both parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies only to the party determined by the court to be the primary physical aggressor.

 


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      7.  A determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child creates a rebuttable presumption that sole or joint physical custody or unsupervised visitation of the child by the perpetrator of the abduction is not in the best interest of the child. If the parent or other person seeking physical custody does not rebut the presumption, the court shall not enter an order for sole or joint physical custody or unsupervised visitation of the child by the perpetrator and the court shall set forth:

      (a) Findings of fact that support the determination that one or more acts of abduction occurred; and

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other person from whom the child was abducted.

      8.  For the purposes of subsection 7, any of the following acts constitute conclusive evidence that an act of abduction occurred:

      (a) A conviction of the defendant of any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct;

      (b) A plea of guilty or nolo contendere by the defendant to any violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (c) An admission by the defendant to the court of the facts contained in the charging document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

      9.  If, after a court enters a final order concerning physical custody of the child, a magistrate determines there is probable cause to believe that an act of abduction has been committed against the child or any other child and that a person who has been awarded sole or joint physical custody or unsupervised visitation of the child has committed the act, the court shall, upon a motion to modify the order concerning physical custody, reconsider the previous order concerning physical custody pursuant to subsections 7 and 8.

      10.  As used in this section:

      (a) “Abduction” means the commission of an act described in NRS 200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that prohibits the same or similar conduct.

      (b) “Domestic violence” means the commission of any act described in NRS 33.018.

      Sec. 9. 1.  Before the court makes an order awarding custody to any person other than a parent, without the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child.

      2.  No allegation that parental custody would be detrimental to the child, other than a statement of that ultimate fact, may appear in the pleadings.

      3.  The court may exclude the public from any hearing on this issue.

 


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      Sec. 10. 1.  In any action for determining the custody of a minor child, the court may, except as otherwise provided in this section and NRS 125C.0601 to 125C.0693, inclusive, and chapter 130 of NRS:

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of the child, make such an order for the custody, care, education, maintenance and support of the minor child as appears in his or her best interest; and

      (b) At any time modify or vacate its order, even if custody was determined pursuant to an action for divorce and the divorce was obtained by default without an appearance in the action by one of the parties.

Ê The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child entered by a court of another state may, subject to the provisions of NRS 125C.0601 to 125C.0693, inclusive, and to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and NRS 125C.0601 to 125C.0693, inclusive, and must contain the following language:

 

PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

      7.  In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

 


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ê2015 Statutes of Nevada, Page 2587 (Chapter 445, AB 263)ê

 

Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

      8.  If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

      (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning the child to his or her habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if the child is no longer enrolled in high school, otherwise, when the child reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if the parent:

      (a) Is a citizen of a foreign country;

      (b) Possesses a passport in his or her name from a foreign country;

      (c) Became a citizen of the United States after marrying the other parent of the child; or

      (d) Frequently travels to a foreign country.

      Sec. 11. 1.  The court may, when appropriate, require the parents to submit to the court a plan for carrying out the court’s order concerning custody.

      2.  Access to records and other information pertaining to a minor child, including, without limitation, medical, dental and school records, must not be denied to a parent for the reason that the parent is not the child’s custodial parent.

      Sec. 12. 1.  If, during any action for determining the custody of a minor child, either before or after the entry of a final order concerning the custody of a minor child, it appears to the court that any minor child of either party has been, or is likely to be, taken or removed out of this State or concealed within this State, the court shall forthwith order such child to be produced before it and make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him or her the benefit of the final order or the modification or termination of the final order to be made in his or her behalf.

      2.  If, during any action for determining the custody of a minor child, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child.

 


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ê2015 Statutes of Nevada, Page 2588 (Chapter 445, AB 263)ê

 

minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him or her the benefit of the final order or the modification or termination of the final order to be made in his or her behalf.

      3.  If the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he or she intends to obtain physical custody of the child, unless the court deems that requiring the notice would likely defeat the purpose of the order.

      4.  All orders for a party to appear with a child issued pursuant to this section may be enforced by issuing a warrant of arrest against that party to secure his or her appearance with the child.

      5.  A proceeding under this section must be given priority on the court calendar.

      Sec. 13. 1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:

      (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and

      (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.

      2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:

      (a) Without having reasonable grounds for such refusal; or

      (b) For the purpose of harassing the relocating parent.

      3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.

      Sec. 14. 1.  In every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.200 or section 13 of this act, the relocating parent must demonstrate to the court that:

      (a) There exists a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of his or her parenting time;

      (b) The best interests of the child are served by allowing the relocating parent to relocate with the child; and

      (c) The child and the relocating parent will benefit from an actual advantage as a result of the relocation.

 


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ê2015 Statutes of Nevada, Page 2589 (Chapter 445, AB 263)ê

 

      2.  If a relocating parent demonstrates to the court the provisions set forth in subsection 1, the court must then weigh the following factors and the impact of each on the child, the relocating parent and the non-relocating parent, including, without limitation, the extent to which the compelling interests of the child, the relocating parent and the non-relocating parent are accommodated:

      (a) The extent to which the relocation is likely to improve the quality of life for the child and the relocating parent;

      (b) Whether the motives of the relocating parent are honorable and not designed to frustrate or defeat any visitation rights accorded to the non-relocating parent;

      (c) Whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted;

      (d) Whether the motives of the non-relocating parent are honorable in resisting the petition for permission to relocate or to what extent any opposition to the petition for permission to relocate is intended to secure a financial advantage in the form of ongoing support obligations or otherwise;

      (e) Whether there will be a realistic opportunity for the non-relocating parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship between the child and the non-relocating parent if permission to relocate is granted; and

      (f) Any other factor necessary to assist the court in determining whether to grant permission to relocate.

      3.  A parent who desires to relocate with a child pursuant to NRS 125C.200 or section 13 of this act has the burden of proving that relocating with the child is in the best interest of the child.

      Sec. 15. If a parent with primary physical custody or joint physical custody relocates with a child in violation of NRS 200.359:

      1.  The court shall not consider any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent in making any determination.

      2.  If the non-relocating parent files an action in response to the violation, the non-relocating parent is entitled to recover reasonable attorney’s fees and costs incurred as a result of the violation.

      Sec. 16. NRS 125C.200 is hereby amended to read as follows:

      125C.200  1.  If primary physical custody has been established pursuant to an order, judgment or decree of a court and the custodial parent intends to [move] relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the custodial parent desires to take the child with him or her, the custodial parent [must, as soon as possible and before the planned move, attempt] shall, before relocating:

      (a) Attempt to obtain the written consent of the noncustodial parent to [move] relocate with the child [from this State. If] ; and

      (b) If the noncustodial parent refuses to give that consent, [the custodial parent shall, before leaving this State with the child,] petition the court for permission to [move] relocate with the child. [The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.]

 


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ê2015 Statutes of Nevada, Page 2590 (Chapter 445, AB 263)ê

 

      2.  The court may award reasonable attorney’s fees and costs to the custodial parent if the court finds that the noncustodial parent refused to consent to the custodial parent’s relocation with the child:

      (a) Without having reasonable grounds for such refusal; or

      (b) For the purpose of harassing the custodial parent.

      3.  A parent who relocates with a child pursuant to this section without the written consent of the noncustodial parent or the permission of the court is subject to the provisions of NRS 200.359.

      Sec. 17. NRS 146.010 is hereby amended to read as follows:

      146.010  Except as otherwise provided in this chapter or in [NRS 125.510,] section 10 of this act, if a person dies leaving a surviving spouse or a minor child or minor children, the surviving spouse, minor child or minor children are entitled to remain in possession of the homestead and of all the wearing apparel and provisions in the possession of the family, and all the household furniture, and are also entitled to a reasonable provision for their support, to be allowed by the court.

      Sec. 18. NRS 200.359 is hereby amended to read as follows:

      200.359  1.  A person having a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:

      (a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or

      (b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  [A] Except as otherwise provided in this subsection, a parent who has joint legal and physical custody of a child pursuant to [NRS 125.465] section 4 of this act shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to [deprive] frustrate the efforts of the other parent [of the parent and child] to establish or maintain a meaningful relationship [.] with the child. A person who violates this subsection shall be punished as provided in subsection 1 [.] unless the person demonstrates to the satisfaction of the court that he or she violated this subsection to protect the child or himself or herself from an act that constitutes domestic violence pursuant to NRS 33.018.

      3.  If the mother of a child has primary physical custody pursuant to subsection 2 of [NRS 126.031,] section 7 of this act, the father of the child shall not willfully conceal or remove the child from the physical custody of the mother. If the father of a child has primary physical custody pursuant to subsection 2 of [NRS 126.031,] section 7 of this act, the mother of the child shall not willfully conceal or remove the child from the physical custody of the father. A person who violates this subsection shall be punished as provided in subsection 1.

 

 


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ê2015 Statutes of Nevada, Page 2591 (Chapter 445, AB 263)ê

 

      4.  A parent who has joint physical custody of a child pursuant to an order, judgment or decree of a court shall not relocate with the child pursuant to section 13 of this act without the written consent of the non-relocating parent or before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child, as applicable. A person who violates this subsection shall be punished as provided in subsection 1.

      5.  A parent who has primary physical custody of a child pursuant to an order, judgment or decree of a court shall not relocate with the child pursuant to NRS 125C.200 without the written consent of the non-relocating parent or the permission of the court. A person who violates this subsection shall be punished as provided in subsection 1.

      6.  Before an arrest warrant may be issued for a violation of this section, the court must find that:

      (a) This is the home state of the child, as defined in NRS 125A.085; and

      (b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.

      [5.]7.  Upon conviction for a violation of this section, the court shall order the defendant to pay restitution for any expenses incurred in locating or recovering the child.

      [6.]8.  The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if the judge finds that:

      (a) The defendant has no prior conviction for this offense and the child has suffered no substantial harm as a result of the offense; or

      (b) The interests of justice require that the defendant be punished as for a misdemeanor.

      [7.]9.  A person who aids or abets any other person to violate this section shall be punished as provided in subsection 1.

      [8.]10. In addition to the exemption set forth in subsection 11, subsections 4 and 5 do not apply to a person who demonstrates a compelling excuse, to the satisfaction of the court, for relocating with a child in violation of NRS 125C.200 or section 13 of this act.

      11.  This section does not apply to a person who detains, conceals , [or] removes or relocates with a child to protect the child from the imminent danger of abuse or neglect or to protect himself or herself from imminent physical harm, and reported the detention, concealment , [or] removal or relocation to a law enforcement agency or an agency which provides child welfare services within 24 hours after detaining, concealing , [or] removing or relocating with the child, or as soon as the circumstances allowed. As used in this subsection:

      (a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 4 of NRS 200.508.

      (b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 19. NRS 125.460, 125.465, 125.470, 125.480, 125.490, 125.500, 125.510, 125.520 and 126.031 are hereby repealed.

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ê2015 Statutes of Nevada, Page 2592ê

 

CHAPTER 446, AB 474

Assembly Bill No. 474–Committee on Ways and Means

 

CHAPTER 446

 

[Approved: June 9, 2015]

 

AN ACT relating to common-interest ownership; revising certain fees required to be paid by homeowners’ associations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain fees that must be paid by homeowners’ associations to the Real Estate Administrator for deposit with the State Treasurer for credit to the Account for Common-Interest Communities and Condominium Hotels. These fees are established on the basis of the actual costs of administering the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels and may not exceed $3 for each unit in a homeowners’ association. (NRS 116.31155) This bill increases that amount from $3 to $5 beginning on July 1, 2016.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 116.31155 is hereby amended to read as follows:

      116.31155  1.  Except as otherwise provided in subsection 2, an association shall:

      (a) If the association is required to pay the fee imposed by NRS 78.150, 82.193, 86.263, 87.541, 87A.560 or 88.591, pay to the Administrator a fee established by regulation of the Administrator for every unit in the association used for residential use.

      (b) If the association is organized as a trust or partnership, or as any other authorized business entity, pay to the Administrator a fee established by regulation of the Administrator for each unit in the association.

      2.  If an association is subject to the governing documents of a master association, the master association shall pay the fees required pursuant to this section for each unit in the association that is subject to the governing documents of the master association, unless the governing documents of the master association provide otherwise. The provisions of this subsection do not relieve any association that is subject to the governing documents of a master association from its ultimate responsibility to pay the fees required pursuant to this section to the Administrator if they are not paid by the master association.

      3.  The fees required to be paid pursuant to this section must be:

      (a) Paid at such times as are established by the Division.

      (b) Deposited with the State Treasurer for credit to the Account for Common-Interest Communities and Condominium Hotels created by NRS 116.630.

      (c) Established on the basis of the actual costs of administering the Office of the Ombudsman and the Commission and not on a basis which includes any subsidy beyond those actual costs. In no event may the fees required to be paid pursuant to this section exceed [$3] $5 per unit.

 

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