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 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. 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, the person is not required to attend the hearing and is deemed to have stipulated to his or her identity as the recipient of the civil infraction citation. Finally, section 4 requires a court to dismiss a civil infraction citation if the peace officer who issued the citation does not appear at the hearing or submit a written statement, unless sufficient evidence is otherwise presented to establish the infraction. 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 instead authorizes a court, under certain circumstances, to consolidate a criminal complaint for a misdemeanor offense and a civil infraction. Section 2 also prescribes procedures for holding a single, consolidated hearing and sets forth specific requirements for such a hearing. Existing law requires that civil penalties imposed for civil infractions 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 4.5 of this bill instead requires that civil penalties collected by a: (1) municipal court be paid to the treasurer of the city in which the court is located; and (2) justice court be paid to the treasurer of the county in which the court is located. Section 4.5 also prohibits a court from awarding attorney's fees or costs to any party in a hearing to contest a civil infraction citation, regardless of the outcome. 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. Under existing law, if a person commits a traffic or related offense punishable as a civil infraction while under the influence of alcohol or a controlled substance, the person may instead be charged with a misdemeanor for the traffic or related offense. (NRS 484A.705) Section 6 of this bill clarifies that this provision applies when a person commits a traffic or related offense and is also charged with driving under the influence of alcohol or a controlled substance. Section 6 further requires the misdemeanor charge to be reduced to a civil infraction if the charge of driving under the influence of alcohol or a controlled substance, is dismissed, unless the dismissal occurs pursuant to a plea agreement. Existing law makes it unlawful to drive a vehicle at certain speeds. Existing law also: (1) authorizes a court, in its discretion, to reduce a violation of this prohibition to a nonmoving violation; and (2) establishes a presumption in favor of such a reduction if the person cited for the violation pays all applicable fines and fees before the date on which the person is first required to appear in court relating to the citation. (NRS 484B.600) Section 7 of this bill eliminates this presumption. Section 7 instead authorizes a court, in its discretion, to reduce a moving traffic violation for speeding to a nonmoving violation if the person cited: (1) admits to committing the violation and pays all applicable fines and fees on or before the date on which the person is first required to appear in court relating to the citation; and (2) provides the court with a copy of his or her driving record. Section 7 further prohibits a court from granting such a reduction if the driving record of the person indicates a pattern of moving traffic violations. Existing law also authorizes a board of county commissioners to provide a civil penalty in lieu of a criminal penalty for the violation of certain types of ordinances. (NRS 244.189, 244.3575, 244.359) Section 12 of this bill authorizes a board of county commissioners to impose a civil penalty instead of a criminal penalty for the violation of a county ordinance unless state law expressly prohibits the imposition of a civil penalty or prescribes a criminal penalty for the same act or omission. Existing law requires the driver of a vehicle involved in a crash to take certain actions, which vary depending on whether the crash involves injury or death or attended or unattended property and whether a police officer is present. (NRS 484E.020-484E.050) Sections 8-11 of this bill clarify the location-based requirements for the responsibilities of a driver following a crash on a highway or premises to which the public has access. Specifically, section 8 requires the driver of a vehicle involved in such a crash that results only in damage to a vehicle or other property driven or attended by a person to stop and, if the vehicle is obstructing traffic and can be moved safely, move it to a safe location. (NRS 484E.020) Section 9 requires the driver of a vehicle involved in such a crash that results in injury, death or damage to attended property to stop, provide certain information, render aid if needed and report the crash to law enforcement under certain circumstances. (NRS 484E.030) Section 10 clarifies that the duties of a driver who is involved in a crash with unattended property apply when the crash occurs on a highway or premises to which the public has access. (NRS 484E.040) Section 11 provides that the duty to report a crash involving unattended property applies when the crash occurs on a highway. (NRS 484E.050)

Statutes affected:
As Introduced: 484A.7033, 484A.7035, 484A.7041, 484A.7049
Reprint 1: 484A.7033, 484A.7035, 484A.7041, 484A.7043, 484A.7049, 484A.705, 484B.600, 484E.020, 484E.030, 484E.040, 484E.050
As Enrolled: 484A.7033, 484A.7035, 484A.7041, 484A.7043, 484A.7049, 484A.705, 484B.600, 484E.020, 484E.030, 484E.040, 484E.050
BDR: 484A.7033, 484A.7035, 484A.7041, 484A.7049