During the 2021 Legislative Session, the Legislature enacted Assembly Bill No. 116 (A.B. 116), which established civil penalties for certain traffic and related violations and enacted procedures for the adjudication of such violations. (Assembly Bill No. 116, chapter 506, Statutes of Nevada 2021, at page 3297) The procedures for the adjudication of civil infractions prescribed by A.B. 116 were based, in part, on the procedures for the adjudication of criminal violations prescribed by chapter 176 of NRS.
During the 2021 Legislative Session, the Legislature also enacted Senate Bill No. 219 (S.B. 219), which revised certain statutory provisions upon which the requirements prescribed by A.B. 116 were based by removing the authority of a court to suspend the driver's license of a defendant or prohibit a defendant from applying for a driver's license for a specified period as a result of any delinquent fine, administrative assessment, fee or restitution owed. (Senate Bill No. 219, chapter 505, Statutes of Nevada 2021, at page 3292)
Section 2 of this bill makes a technical change to align provisions relating to the adjudication of certain traffic and related civil infractions with the changes made by S.B. 219. Specifically, section 2 removes the authority of a court to order the suspension of the driver's license of a person or prohibit a person from applying for a driver's license for a specified period as a result of a delinquent fine, administrative assessment or fee associated with a civil penalty imposed for a traffic or related violation. (NRS 484A.7047) Section 1 of this bill makes a conforming change relating to the removal of the authority of a court to suspend the driver's license of a person pursuant to section 2.
Section 3 of this bill provides that if, on or after the effective date of this bill, a person is subject to a suspension of his or her driver's license or a delay in the issuance of a driver's license imposed for failure to pay a delinquent fine, administrative assessment or fee, the Department of Motor Vehicles must: (1) immediately reinstate the driver's license of the person or the ability of the person to apply for the issuance of a driver's license; and (2) notify the person, as soon as possible, of the reinstatement of his or her driver's license or ability to apply for the issuance of a driver's license. Section 3 also provides that the Department may not charge any fee for such reinstatement of a driver's license or require a person to undergo any physical or mental examination to be eligible for such reinstatement of a driver's license.
Existing law prescribes the required contents of traffic citations and civil infraction citations. (NRS 484A.630, 484A.7035) Sections 1.3 and 1.4 of this bill revise the required contents of such citations.
Existing law provides that the juvenile court has exclusive original jurisdiction over a child who is alleged to have committed an act designated as a delinquent act, unless an exception applies. (NRS 62B.330, 62B.390) Under existing law, certain offenses are not considered delinquent acts and are therefore excluded from the jurisdiction of the juvenile court. (NRS 62B.330) Section 2.76 of this bill provides that violations of law that are punishable as civil infractions are not considered delinquent acts and are therefore excluded from the jurisdiction of the juvenile court. Existing law grants justice courts and municipal courts jurisdiction to hear and dispose of violations of law that are punishable as civil infractions. (NRS 4.370, 5.050) Therefore, section 2.76 clarifies that justice courts and municipal courts have jurisdiction to hear and dispose of violations of law that are punishable as civil infractions, regardless of the age of the person alleged to have committed the violation.
Existing law authorizes a peace officer to request the electronic mail address and mobile telephone number of a person to whom a traffic citation is issued for the purpose of enabling the court in which the person is required to appear to communicate with the person. (NRS 484A.630) Section 1.4 similarly authorizes a peace officer to request the electronic mail address and mobile telephone number of a person to whom a civil infraction citation is issued for the same purpose.
Existing law requires a court to send certain notice to a person who receives a civil infraction citation. (NRS 484A.704) Section 1.6 of this bill requires this notice to include certain information regarding any online program of dispute resolution established by the court.
Existing law: (1) authorizes certain courts and traffic violations bureaus to establish a system through which certain persons may perform certain actions related to a traffic citation or civil infraction citation; and (2) prescribes certain requirements relating to any such system. (NRS 484A.615) Section 1.2 of this bill additionally requires any such system to be capable of allowing certain persons to submit the state registration number of the vehicle the person was driving when the citation was issued.
Existing law requires a person who receives a civil infraction citation to respond to the citation within 90 days after the date on which the citation is issued. Section 1.6 instead requires such a person to respond to the citation within 90 days after the date on which the citation is issued or filed with the court, whichever is later. Section 1.4 makes a conforming change relating to the revised deadline set forth in section 1.6.
Under existing law, if a person receiving a civil infraction citation does not contest the determination that the person has committed the civil infraction set forth in the citation, the person must respond to the citation by: (1) indicating that the person does not contest the determination; and (2) submitting full payment of the monetary penalty specified in the citation. (NRS 484A.704) Section 1.6 revises this requirement by authorizing such a person to request that the court waive or reduce the monetary penalty specified in the citation or enter into a payment plan with the person in lieu of requiring the person to submit full payment of the monetary penalty specified in the citation. Section 1.8 of this bill authorizes the court to waive or reduce the monetary penalty or enter into a payment plan with a person who submits a request pursuant to section 1.6 under certain circumstances.
Existing law establishes the procedures for a hearing at which a person may contest whether the person committed a violation set forth in a civil infraction citation and generally requires the person to post a bond in an amount equal to the monetary penalty, administrative assessments and fees specified in the civil infraction citation or alternatively deposit such an amount in cash with the court. (NRS 484A.7041) Section 1.7 of this bill eliminates the requirement that a person who requests a hearing must post a bond or deposit cash with the court.
Existing law authorizes a court having jurisdiction over a civil infraction to reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation if the court determines that any circumstances warrant such a reduction. (NRS 484A.7043) Section 1.8 clarifies that the court is not required to hold a hearing before reducing a moving violation to a nonmoving violation.
Under existing law, any civil penalty assessed against a person who is found to have committed a civil infraction must be paid to: (1) the treasurer of the city in which the civil infraction occurred; or (2) if the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred. (NRS 484A.7043) Section 1.8 instead requires any such civil penalty to be paid to the treasurer of the city or county, as applicable, in which the civil infraction citation was filed.
Existing law: (1) authorizes a prosecuting attorney to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civil infraction; and (2) provides a procedure for making such an election. Pursuant to this procedure, existing law requires the prosecuting attorney to make the election on or before the time scheduled for the first appearance of the defendant. (NRS 484A.7049) Section 2.2 of this bill: (1) authorizes the prosecuting attorney to make the election at any time before the court enters a judgment of conviction; and (2) eliminates certain procedural requirements relating to making such an election. Section 2.2 also authorizes the district attorney or city attorney of any county or city, respectively, to authorize a traffic enforcement agency over whom the district attorney or city attorney has jurisdiction to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civil infraction. Finally, section 2.2 provides that a bench warrant may not be issued for a violation that is treated as a civil infraction.
Existing law authorizes a peace officer to arrest a person without a warrant if the peace officer has reasonable cause for believing that the person has committed homicide by vehicle, certain offenses involving driving under the influence and certain other traffic and related offenses. (NRS 484A.710) Section 2.6 of this bill authorizes a peace officer who has reasonable cause for believing that a person has committed a violation for which existing law authorizes the peace officer to arrest a person to also arrest the person without a warrant for an offense that is punishable as a civil infraction. Section 2.4 of this bill makes a conforming change relating to arrests authorized by section 2.6.
Existing law establishes the jurisdiction of justice courts. (NRS 4.370) Section 2.67 of this bill authorizes the justice court to transfer original jurisdiction of a civil infraction to the district court or juvenile court if: (1) the person charged with the civil infraction is a person under 18 years of age; and (2) the district court or juvenile court, as applicable, approves the transfer.
Existing law provides certain persons with immunity from liability for certain acts or omissions under certain circumstances. (Chapter 41 of NRS) Section 2.7 of this bill provides that a prosecuting attorney who prosecutes a person charged with a civil infraction or a violation of a traffic ordinance that is punishable by the imposition of a civil penalty is immune from liability to the same extent as a prosecuting attorney who prosecutes a person charged with violating a criminal law of this State. Sections 2.72 and 2.74 of this bill make conforming changes to indicate the proper placement of section 2.7 in the Nevada Revised Statutes.
Section 2.8 of this bill authorizes a board of county commissioners to provide by ordinance that a violation of a traffic ordinance enacted by the board imposes a civil penalty instead of a criminal sanction.
Section 2.9 of this bill requires the Department of Public Safety, in consultation with law enforcement agencies and courts of this State, to: (1) study best practices for developing and implementing a standardized, statewide uniform civil infraction citation; and (2) submit its findings and recommendations for legislation to the Joint Interim Standing Committee on the Judiciary. Section 2.95 of this bill requires justice courts and municipal courts, on or before January 1, 2024, to adopt rules governing the practice and procedure for setting aside a default judgment in an action relating to a civil infraction.
Statutes affected: As Introduced: 483.443, 484A.7047
Reprint 1: 483.443, 484A.615, 484A.630, 484A.7035, 484A.704, 484A.7043, 484A.7047, 484A.7049, 484A.705, 484A.710, 484A.760, 41.0307, 41.031, 244.3575
Reprint 2: 483.443, 484A.615, 484A.630, 484A.7035, 484A.704, 484A.7041, 484A.7043, 484A.7047, 484A.7049, 484A.705, 484A.710, 484A.760, 41.0307, 41.031, 62B.330, 244.3575
Reprint 3: 483.443, 484A.615, 484A.630, 484A.7035, 484A.704, 484A.7041, 484A.7043, 484A.7047, 484A.7049, 484A.705, 484A.710, 484A.760, 4.370, 41.0307, 41.031, 62B.330, 244.3575
As Enrolled: 483.443, 484A.615, 484A.630, 484A.7035, 484A.704, 484A.7041, 484A.7043, 484A.7047, 484A.7049, 484A.705, 484A.710, 484A.760, 4.370, 41.0307, 41.031, 62B.330, 244.3575
BDR: 483.443, 484A.7047