Existing law authorizes a sheriff to appoint one or more deputies who are authorized to perform all the duties devolving on the sheriff of the county and such other duties as the sheriff may from time to time direct. (NRS 248.040) Section 2 of this bill authorizes a sheriff to appoint civil enforcement officers who are authorized to perform certain duties of the sheriff relating to the service, posting and enforcement of certain notices and writs. Section 7 of this bill similarly authorizes a constable to appoint such officers. Section 25 of this bill provides that a civil enforcement officer is not governed by certain provisions set forth in existing law for the licensure and regulation of process servers who are not peace officers. (NRS 648.014) Existing law further provides that a person who is employed as clerical or operational staff of a constable does not have the powers of a peace officer and prohibits such a person from possessing or carrying a weapon or concealed firearm while performing his or her official duties. (NRS 258.065) Section 9 of this bill makes such provisions, with certain exceptions, applicable to any person who works under the direction and supervision of a constable, including, without limitation, an appointee, employee, contractor or volunteer of the constable and removes the prohibition for such persons to possess or carry a weapon while performing his or her official duties. Section 14 of this bill removes language made duplicative by the provisions of section 9. Existing law requires all sales of property under execution to be made at auction to the highest bidder and requires such an auction to take place between the hours of 9 a.m. and 5 p.m. at the courthouse of the county in which the property or some part thereof is situated. (NRS 21.150) Section 19 of this bill authorizes such a sale of real property to be conducted on the Internet website of an operator of an online auction for real property or other electronic means. Sections 3 and 8 of this bill authorize a sheriff and constable, respectively, to enter into a contract with such an operator to sell the property by an auction conducted on the Internet website of the operator or other electronic means. Existing law requires a sheriff to take property which is the subject of a claim to delivery and described in a writ of possession if it is in the possession of a defendant or an agent of the defendant and retain it in his or her custody. (NRS 31.840, 31.870) If the property, or any part of the property, is concealed in a building or enclosure, existing law requires the sheriff to publicly demand delivery of the property. If the property is not delivered, existing law requires the sheriff to cause the building or enclosure to be broken open and to take the property and authorizes, if necessary, the sheriff to call the power of the sheriff's county to his or her aid. (NRS 31.920) Sections 4 and 10 of this bill provide that a sheriff or constable is subject to such requirements after the receipt of any writ or order that directs the sheriff or constable to take the property described in it. Section 27 of this bill repeals a provision concerning writs of possession which is made duplicative by the provisions of sections 4 and 10. Existing law authorizes the sheriff of each county in this State to charge and collect certain fees for certain services provided by the sheriff. (NRS 248.275) Section 5 of this bill revises such fees. Section 16 of this bill similarly revises the fees that a constable is entitled to for certain services provided by the constable. (NRS 258.125) Section 15 of this bill makes conforming changes to remove references to provisions that were relocated to sections 5 and 16. Sections 17, 23 and 24 of this bill make conforming changes to reflect the renumbering and relocation of certain fees. Section 11 of this bill removes a requirement for each constable of 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 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. Existing law: (1) requires any person who is a candidate for the office of constable in a township whose population is 100,000 or more to be certified by the Commission as a category I or category II peace officer before filing a declaration of candidacy for the office; and (2) provides that a constable forfeits his or her office if he or she does not maintain such a certification. (NRS 258.007) Section 11 instead: (1) requires that a person who is a candidate for the office of constable in a township whose population is 100,000 or more in a county whose population is 100,000 or more to be certified by the Commission as a category I or category II peace officer before filing a declaration of candidacy for the office; and (2) provides that a constable forfeits his or her office if he does not maintain such a certification. Existing law authorizes a constable to appoint deputies who are authorized to transact all official business pertaining to the office to the same extent as their principals and sets forth certain requirements for such a position, including a requirement for a person who is appointed as a deputy constable in certain townships to be certified by the Commission as a category I or category II peace officer before commencing his or her employment. (NRS 258.060) Section 13 of this bill instead prohibits any deputy constable from being appointed unless he or she is so certified. Existing law requires a constable or deputy constable who is authorized to carry a firearm to receive training approved by the Commission in the use of firearms at least once every 6 months. (NRS 258.070) Section 15 requires such training to include any continuing education that addresses firearms and is required for a category II officer, including, without limitation, any requirements concerning the demonstration of a minimum level of proficiency in the use of firearms. Section 15 further prohibits, with certain exceptions, a constable from executing any writ, warrant or other order of a court in a criminal case unless the writ, warrant or order is delivered to the constable for execution by certain appropriate persons. Existing law authorizes the board of county commissioners in a county which includes only one township to, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. Additionally, if a board of county commissioners in a county whose population is less than 700,000 (currently all counties other than Clark County) which includes more than one township or a county whose population is 700,000 or more (currently only Clark County) determines that the office of constable is not necessary in one or more townships, existing law authorizes a board of county commissioners to abolish the office of constable in a township and to appoint the sheriff ex officio constable. (NRS 258.010) Section 12 of this bill instead authorizes a board of county commissioners in any county which includes more than one township to take such actions under such circumstances. Existing law authorizes a constable to perform, with respect to certain provisions concerning writs of execution, garnishment and attachment, any of the duties assigned to a sheriff and provides that the constable has all of the authority granted to a sheriff with respect to such provisions. (NRS 21.111, 31.235) Sections 18 and 20 of this bill instead provide that for certain provisions concerning remedies, including writs of attachment, garnishment and arrest and bail, as well as certain provisions concerning the enforcement of certain judgments including writs of execution or garnishment, a constable is authorized to perform any of the duties assigned to a sheriff and provides that the constable has all of the authority granted to a sheriff with respect to any process, writ or order in a civil case. Existing law authorizes execution on a writ of garnishment to occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in a certain manner and provides that, in the case of a writ of garnishment that continues for 180 days or until the amount demanded in the writ is satisfied, a copy of the writ and the notice of execution need only be mailed once to the defendant. (NRS 31.260) Section 21 of this bill instead: (1) requires the sheriff to mail a copy of the writ of garnishment and the writ of execution with the copy of the notice of execution; and (2) provides that in the case of a writ of garnishment that continues for 180 days or until the amount demanded in the writ is satisfied, a copy of the writ of execution and the notice of execution need only be mailed once to the defendant. Existing law requires, when six or more persons are unlawfully or riotously assembled in any town, the sheriff of the county and the sheriff's deputies or the constable of the town and the justice of the peace to: (1) go among the persons so assembled and command such persons in the name of the people of the United States and the State of Nevada, to disperse immediately; and (2) if such persons do not disperse, arrest them. Further, existing law provides that a magistrate or officer who neglects or refuses to proceed to the place of assembly and exercise such powers is guilty of a misdemeanor. (NRS 269.230) Section 22 of this bill: (1) removes such a duty from a magistrate or constable; (2) places such a duty upon the chief of police or his or her peace officers; and (3) instead requires such a command to only be given in the name of the people of the State of Nevada. Existing law authorizes a magistrate to depute in writing any suitable and discreet person to act as constable when no constable is at hand and the nature of the business requires immediate action. (NRS 171.116) Existing law additionally provides that any constable who willfully refuses to arrest any person charged with a criminal offense is guilty of a gross misdemeanor and requires such a constable to be removed from office. (NRS 258.110) Section 27 repeals such provisions.

Statutes affected:
As Introduced: 248.275, 258.007, 258.010, 258.060, 258.065, 258.070, 258.125, 258.230, 21.111, 21.150, 31.235, 31.260, 269.230, 487.095, 487.270, 648.014
BDR: 248.275, 258.007, 258.010, 258.060, 258.065, 258.070, 258.125, 258.230, 21.111, 21.150, 31.235, 31.260, 269.230, 487.095, 487.270, 648.014