Existing law provides that a violation of any provision of existing law relating to driver's licenses, any traffic law or ordinance, any provision of existing law governing motorcycles or any provision of existing law relating to off-highway vehicles is a misdemeanor, unless a different penalty is prescribed for the violation by a specific statute. (NRS 483.530, 483.620, 484A.900, 486.381, 490.520) Sections 14, 22, 40, 71 and 72 of this bill provide that a violation of any provision of these existing laws is a civil infraction unless a criminal penalty is prescribed for the violation by a specific statute. Sections 5, 15-21, 41-41.7, 44, 45, 47.3, 47.7, 49, 60.5, 67.2-67.8, 69 and 72 of this bill maintain the designation of certain traffic and related offenses as misdemeanors. Sections 51 and 53-56 of this bill revise the penalties for speeding. Sections 46, 47, 47.5, 48, 50, 57, 59, 60, 61, 64, 65 and 67 of this bill specifically designate certain traffic and related violations as civil infractions. Sections 37, 69.5 and 71.5 of this bill prohibit a local authority from enacting any ordinance that provides a criminal penalty for certain traffic and related offenses for which the penalty prescribed by law is a civil penalty. Sections 1.5, 4, 6-8, 10, 13, 37, 39, 42, 43, 58, 68, 70, 76, 77, 78 and 79.2 of this bill make conforming changes by including references to the new civil infraction system where necessary. Sections 2, 3, 55, 62, 63 and 66 of this bill make conforming changes by substituting the term “civil penalty” for “fine” and the term “civil infraction citation” for “citation.” Section 1 of this bill defines the term “civil infraction” for purposes of the provisions of law relating to certain traffic and related offenses. Sections 9, 11 and 12 of this bill provide that, for the purposes of a person's driving record, the commission of a traffic or related violation that is punishable as a civil infraction pursuant to this bill is treated the same as a conviction for a traffic or related violation under existing law. Sections 24-36.7 of this bill enact procedures for the imposition of a civil penalty against a person who violates a provision of law that is punishable as a civil infraction pursuant to this bill. Section 24 of this bill requires each traffic enforcement agency in this State to provide civil infraction citations that a member of the traffic enforcement agency or, in certain circumstances, a prosecuting attorney, may issue to a person who has allegedly committed the civil infraction. Section 26 of this bill authorizes a peace officer who has reasonable cause to believe that a person has violated a provision of law punishable as a civil infraction pursuant to this bill to halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation, and section 28 of this bill requires a peace officer who has stopped a driver for such an alleged violation to demand proof of the insurance required to be maintained by existing law. Section 26 also provides that after a person is halted and detained for such purposes, the peace officer is authorized to: (1) detain the person if the person is suspected of criminal behavior or of violating conditions of parole or probation; (2) search the person to determine whether the person has a weapon and take any other lawful action; and (3) arrest the person if probable cause exists for the arrest. Section 26 additionally provides that if the person is arrested for an offense that arises out of the same facts and circumstances as the civil infraction and is punishable as a misdemeanor, the offense and civil infraction may be included on the same criminal complaint. Section 27 of this bill specifies the information that is required to be provided in the civil infraction citation issued to the person who allegedly committed the civil infraction. Sections 25 and 29 of this bill provide that when the original or a copy of the civil infraction citation is manually or electronically filed with a court having jurisdiction over the alleged violation or with its traffic violations bureau, the citation is a complaint for the purposes of initiating a civil case. Section 30 of this bill requires a person to respond to a civil infraction citation not later than 90 calendar days after it has been issued by not contesting the citation and paying all monetary penalties and assessments specified in the citation or requesting a hearing to contest whether the person committed the violation set forth in the citation. Under section 30, the court is required to send to the person, not less than 30 days before the deadline for the person to respond to the civil infraction citation, a reminder that the person must respond within 90 days after the date on which the civil infraction citation is issued. Section 30 also provides that if a person does not respond to a civil infraction citation within 90 calendar days after it has been issued, the court is required to find that the person committed the civil infraction and assess a monetary penalty and administrative assessments against the person and require the person to pay certain expenses for witnesses that are authorized by section 77.5 of this bill. Section 31 of this bill establishes the procedures for a hearing at which a person may contest whether he or she committed the violation 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. Section 38.5 of this bill authorizes a person who was issued a civil infraction citation and certain peace officers to use a system established by a court or its traffic violations bureau to perform certain authorized actions such as making a plea, stating a defense or mitigating circumstances or submitting a written statement, as applicable, by mail, electronic mail, over the Internet or by other electronic means in lieu of taking such actions or making a statement at the hearing. Section 34 of this bill: (1) establishes a maximum civil penalty of $500 for a violation of law punishable as a civil infraction pursuant to this bill and generally requires that any such civil penalty collected for a violation of a law of this State must be paid to the treasurer of the city in which the civil infraction occurred or, if the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred; (2) requires the court to order the person who committed the civil infraction to pay an administrative assessment in the same amount that the person would have been required to pay if the violation were a criminal offense; (3) authorizes a court to waive or reduce civil penalties and administrative assessments imposed for a civil infraction or enter into a payment plan under certain circumstances; (4) authorizes a court to order a person to attend a course of traffic safety approved by the Department of Motor Vehicles; and (5) authorizes a court to reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation under certain circumstances. Section 35 of this bill authorizes the court to order a person who has committed a violation of law punishable as a civil infraction pursuant to this bill to perform community service under certain circumstances. Section 36 of this bill authorizes a court and the appropriate city or county to take certain actions to collect a civil penalty or any administrative assessment or fee associated with the civil penalty. Section 36.3 of this bill 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 establishes the actions a prosecuting attorney is required to take when making such an election. Section 36.7 of this bill provides that if a person commits certain traffic or related offenses while the person is under the influence of alcohol or a controlled substance, the person may instead be charged with a misdemeanor. Section 38 of this bill prohibits a governmental entity or any agent thereof from using photographic, video or digital equipment for the purpose of gathering evidence tor the issuance of a civil infraction citation for a violation of a traffic law unless such equipment is: (1) a portable event recording device worn or held by a peace officer; (2) installed in a vehicle or a facility of a law enforcement agency; or (3) privately owned by a nongovernmental entity. Sections 74 and 75 of this bill grant to justice and municipal courts jurisdiction to hear and dispose of violations of law that are punishable as civil infractions pursuant to this bill. Sections 73 and 74.5 of this bill, respectively, authorize certain justice courts and municipal courts to appoint referees and hearing masters, as applicable, to take testimony and recommend orders and judgments to the justice of the peace or municipal court in cases involving a violation of law that is punishable as a civil infraction pursuant to this bill. Section 80.5 of this bill requires justice courts and municipal courts, on or before January 1, 2023, to adopt rules governing the practice and procedure for any action initiated relating to a provision of law that is punishable as a civil infraction pursuant to this bill. Section 80 of this bill provides that the amendatory provisions of this bill generally apply to any offense committed on or after January 1, 2023, however, the provisions of section 36.3 apply to any offense committed before, on or after January 1, 2023. Section 80 also provides that if a person commits an offense before January 1, 2023, that is punishable as a civil infraction on or after January 1, 2023, the person who committed the offense cannot be arrested for the offense on or after January 1, 2023. Section 80 further requires: (1) each court in this State to cancel each outstanding bench warrant issued by the court for a person who failed to appear in the court in response to a citation issued for an offense for which this bill establishes a civil penalty; and (2) the Central Repository for Nevada Records of Criminal History to remove from each database or compilation of records of criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in response to a citation for an offense for which this bill establishes a civil penalty. Section 79.7 of this bill makes an appropriation to the Department of Public Safety to make system upgrades and provide training to personnel to carry out the provisions of this bill.

Statutes affected:
As Introduced: 483.2521, 483.2523, 483.2525, 483.330, 483.340, 483.400, 483.430, 483.443, 483.447, 483.448, 483.450, 483.473, 483.475, 483.530, 483.550, 483.570, 483.575, 483.580, 483.590, 483.600, 483.610, 483.620, 484A.400, 484A.600, 484A.650, 484A.900, 484B.100, 484B.130, 484B.135, 484B.150, 484B.157, 484B.160, 484B.165, 484B.323, 484B.330, 484B.593, 484B.600, 484B.607, 484B.610, 484B.613, 484B.617, 484B.620, 484B.630, 484B.650, 484B.760, 484B.900, 484D.285, 484D.405, 484D.495, 484D.540, 484D.620, 484D.680, 484D.745, 485.135, 486.171, 486.375, 486.381, 490.520, 4.355, 4.370, 5.050, 17.150, 17.214, 62A.220, 62B.380
Reprint 1: 481.015, 483.2521, 483.2523, 483.2525, 483.330, 483.340, 483.400, 483.430, 483.443, 483.447, 483.448, 483.450, 483.473, 483.475, 483.530, 483.550, 483.570, 483.575, 483.580, 483.590, 483.600, 483.610, 483.620, 484A.400, 484A.600, 484A.615, 484A.650, 484A.680, 484A.900, 484B.100, 484B.117, 484B.127, 484B.130, 484B.135, 484B.150, 484B.157, 484B.160, 484B.165, 484B.267, 484B.290, 484B.317, 484B.323, 484B.330, 484B.593, 484B.600, 484B.610, 484B.613, 484B.617, 484B.620, 484B.630, 484B.650, 484B.760, 484B.900, 484C.470, 484D.285, 484D.405, 484D.495, 484D.540, 484D.620, 484D.680, 484D.745, 484E.020, 484E.030, 484E.040, 484E.050, 485.135, 486.171, 486.180, 486.375, 486.381, 490.520, 4.355, 4.370, 5.050, 17.150, 17.214, 50.225, 62A.220, 176.0647
Reprint 2: 481.015, 483.2521, 483.2523, 483.2525, 483.330, 483.340, 483.400, 483.430, 483.443, 483.447, 483.448, 483.450, 483.473, 483.475, 483.530, 483.550, 483.570, 483.575, 483.580, 483.590, 483.600, 483.610, 483.620, 484A.400, 484A.600, 484A.615, 484A.650, 484A.680, 484A.900, 484B.100, 484B.117, 484B.127, 484B.130, 484B.135, 484B.150, 484B.157, 484B.160, 484B.165, 484B.267, 484B.290, 484B.317, 484B.323, 484B.330, 484B.593, 484B.600, 484B.610, 484B.613, 484B.617, 484B.620, 484B.630, 484B.650, 484B.760, 484B.900, 484C.470, 484D.285, 484D.405, 484D.495, 484D.540, 484D.620, 484D.680, 484D.745, 484E.020, 484E.030, 484E.040, 484E.050, 485.135, 486.171, 486.180, 486.375, 486.381, 490.520, 4.355, 4.370, 5.050, 17.150, 17.214, 50.225, 62A.220, 176.0647
Reprint 3: 481.015, 483.2521, 483.2523, 483.2525, 483.330, 483.340, 483.400, 483.430, 483.443, 483.447, 483.448, 483.450, 483.473, 483.475, 483.530, 483.550, 483.570, 483.575, 483.580, 483.590, 483.600, 483.610, 483.620, 484A.400, 484A.600, 484A.615, 484A.650, 484A.680, 484A.900, 484B.100, 484B.117, 484B.127, 484B.130, 484B.135, 484B.150, 484B.157, 484B.160, 484B.165, 484B.267, 484B.290, 484B.317, 484B.323, 484B.330, 484B.593, 484B.600, 484B.610, 484B.613, 484B.617, 484B.620, 484B.630, 484B.650, 484B.760, 484B.900, 484C.470, 484D.285, 484D.405, 484D.495, 484D.540, 484D.620, 484D.680, 484D.745, 484E.020, 484E.030, 484E.040, 484E.050, 485.135, 486.171, 486.180, 486.375, 486.381, 490.520, 4.355, 4.370, 5.050, 17.150, 17.214, 50.225, 62A.220, 171.123, 176.0647
As Enrolled: 481.015, 483.2521, 483.2523, 483.2525, 483.330, 483.340, 483.400, 483.430, 483.443, 483.447, 483.448, 483.450, 483.473, 483.475, 483.530, 483.550, 483.570, 483.575, 483.580, 483.590, 483.600, 483.610, 483.620, 484A.400, 484A.600, 484A.615, 484A.650, 484A.680, 484A.900, 484B.100, 484B.117, 484B.127, 484B.130, 484B.135, 484B.150, 484B.157, 484B.160, 484B.165, 484B.267, 484B.290, 484B.317, 484B.323, 484B.330, 484B.593, 484B.600, 484B.610, 484B.613, 484B.617, 484B.620, 484B.630, 484B.650, 484B.760, 484B.900, 484C.470, 484D.285, 484D.405, 484D.495, 484D.540, 484D.620, 484D.680, 484D.745, 484E.020, 484E.030, 484E.040, 484E.050, 485.135, 486.171, 486.180, 486.375, 486.381, 490.520, 4.355, 4.370, 5.050, 17.150, 17.214, 50.225, 62A.220, 171.123, 176.0647