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. (NRS 484A.7041) Section 4 of this bill replaces a requirement that, before any such hearing, the person must post a bond equal to the amount of the full payment of the monetary penalty, administrative assessment and any fees specified in the civil infraction citation with a requirement that the person must post a bond of not more than that amount. Section 4 also: (1) authorizes counsel to appear on behalf of a person who requests a hearing; and (2) provides that if counsel appears at the hearing, the person who requested the hearing is not required to attend. Section 1 of this bill makes certain rules of evidence applicable to the adjudication of contested cases under the Nevada Administrative Procedure Act applicable to any such hearing. Under existing law, if a person is arrested for a misdemeanor offense arising out of the same facts and circumstances as certain violations of law that are punishable as civil infractions, the offense and the civil infraction may be included in the same criminal complaint. (NRS 484A.7033) Section 2 of this bill revises this provision to instead require the inclusion of both the offense and the civil infraction in the same criminal complaint. 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 5 of this bill eliminates this requirement and certain related procedural requirements. Section 3 of this bill makes a conforming change to remove a reference to provisions eliminated by section 5.

Statutes affected:
As Introduced: 484A.7033, 484A.7035, 484A.7041, 484A.7049
BDR: 484A.7033, 484A.7035, 484A.7041, 484A.7049