Existing law: (1) grants a defendant who is charged with an offense that is not triable in the Justice Court the right to have a preliminary examination; and (2) authorizes the defendant to waive the preliminary examination. (NRS 171.196) Section 1 of this bill provides that if a defendant waives preliminary examination, the matter must not be returned to the justice court if: (1) the magistrate advises the defendant in open court on the record that the waiver is unconditional; or (2) the defendant affirms in writing that the waiver is unconditional. Existing law authorizes a magistrate, when presiding over a preliminary hearing in justice court, in any case other than a case in which the death penalty is sought, to choose whether to employ a certified court reporter or appoint a person to use sound recording equipment to record certain testimony and the proceedings of the court. (NRS 171.198) Section 2 of this bill eliminates language prohibiting a magistrate from appointing a person to use sound recording equipment in a case in which the death penalty is sought. Section 2 thereby authorizes a magistrate, when presiding over any preliminary hearing in justice court, to choose whether to employ a certified court reporter or appoint a person to use sound recording equipment to record certain testimony and proceedings of the court. Existing law requires certain proceedings in a justice court to be recorded by the use of sound recording equipment. (NRS 4.390) Existing law also specifies that if a case is tried by jury in a justice court, a certified court reporter must be present and report on the trial under certain circumstances. (NRS 175.011) Section 4 of this bill eliminates this requirement, thereby authorizing a justice court to record a proceeding before a jury using sound recording equipment under certain circumstances. Existing law provides that certain misdemeanors must be joined with related felonies or gross misdemeanors in the district courts. (NRS 173.115) Section 3 of this bill expands this requirement by providing that a misdemeanor must be joined with a related felony or gross misdemeanor in the district courts unless: (1) the misdemeanor is based solely upon an alleged violation of municipal code; or (2) an indictment is brought or information is filed in the district court for a felony or gross misdemeanor or both after the convening of a grand jury. Section 3 also: (1) requires a magistrate to hold a defendant to answer in district court for a misdemeanor charge contained in the same criminal complaint as a related felony or gross misdemeanor under certain circumstances; and (2) makes various other changes relating to misdemeanors which must be joined with a related felony or gross misdemeanor in district court. Section 5 of this bill makes a conforming change to reflect the exception to the jurisdiction of municipal courts created by section 3.

Statutes affected:
As Introduced: 171.196, 171.198, 173.115, 175.011, 5.050
BDR: 171.196, 171.198, 173.115, 175.011, 5.050