Existing law authorizes a peace officer, whenever any person is detained by the peace officer for any violation of an ordinance or a state law punishable as a misdemeanor and the person is not otherwise required to be taken before a magistrate, to issue the person a misdemeanor citation instead of taking the person before the proper magistrate. (NRS 171.1771) Similarly, existing law authorizes a peace officer to issue a misdemeanor citation in lieu of taking a person before a magistrate if the person is arrested by a private person for any violation of an ordinance or a state law punishable as a misdemeanor. (NRS 171.1772) Existing law, however, removes the discretion of the peace officer to issue the misdemeanor citation and requires the person to be taken before a magistrate if the identity of the person cannot be verified or the peace officer believes the person will disregard a written promise to appear in court. (NRS 171.1771, 171.1772) Sections 6 and 7 of this bill: (1) require a peace officer to issue a misdemeanor citation for any such violation unless the violation is a repeat offense or a prohibited offense, in which case the peace officer is authorized to issue the misdemeanor citation; and (2) expand the circumstances under which a peace officer is prohibited from issuing the misdemeanor citation to include those circumstances in which the peace officer believes the violation will continue if the person is not taken before a magistrate or the peace officer believes another person or property is in imminent danger. Section 8 of this bill makes a conforming change related to the issuance of misdemeanor citations. Section 3.5 of this bill defines the term “repeat offense” for the purposes of sections 6 and 7. Section 3.3 of this bill defines the term “prohibited offense” for the purposes of sections 6 and 7. Additionally, section 3 of this bill defines the term “crime of violence” for the purposes of sections 3.3, 6, 7 and 9-14 of this bill. Section 4 of this bill makes a conforming change related to the proper placement of sections 3, 3.3 and 3.5 in the Nevada Revised Statutes. Existing law provides that whenever any person is halted by a peace officer for a violation of certain traffic laws and is not otherwise required to be taken before a magistrate, the person may be given a traffic citation or be taken before the proper magistrate. (NRS 484A.730) Section 24 of this bill revises the discretionary issuance of such citations by instead requiring a peace officer to issue a traffic citation for an offense punishable as misdemeanor that does not constitute a “repeat offense” or a “prohibited offense,” as defined in section 24. Sections 19, 20, 22 and 23 of this bill make conforming changes related to the requirement to issue traffic citations for traffic offenses punishable as misdemeanors that do not constitute repeat offenses or prohibited offenses. Existing law authorizes a peace officer to issue a traffic citation or a misdemeanor citation at the scene of a traffic crash under certain circumstances. (NRS 484A.660) Section 21 of this bill revises the discretionary issuance of such citations by requiring a peace officer to issue a traffic citation in accordance with the standards provided in section 24 or a misdemeanor citation in accordance with the standards provided in section 6. Existing law authorizes a game warden, sheriff or peace officer to issue a citation for certain offenses relating to vessels. (NRS 488.920) While retaining the existing discretionary issuance of citations for offenses relating to vessels that are punishable as felonies or gross misdemeanors, section 25 of this bill requires a game warden, sheriff or peace officer to issue a citation for such an offense punishable as a misdemeanor unless the offense is a repeat offense or a prohibited offense, in which case the game warden, sheriff or peace officer is authorized to issue the citation. Section 25 defines the terms “prohibited offense” and “repeat offense” for the purpose of section 25. Existing law also authorizes a game warden to issue a citation for certain offenses relating to wildlife. (NRS 501.386) While retaining the existing discretionary issuance of citations for offenses relating to wildlife that are punishable as felonies or gross misdemeanors, section 26 of this bill requires a game warden to issue a citation for an offense punishable as a misdemeanor unless the offense is a repeat offense or a crime of violence, in which case the game warden is authorized to issue the citation. Section 27 of this bill provides that the amendatory provisions of sections 6, 21 and 24-26 of this bill relating to the mandatory issuance of misdemeanor citations, traffic citations, boating citations and wildlife citations do not apply to a peace officer employed by the Division of Parole and Probation of the Department of Public Safety until the earlier of: (1) the date that the Director of the Department of Public Safety notifies the Director of the Legislative Counsel Bureau that the Division of Parole and Probation has sufficient resources to carry out the amendatory provisions of sections 6, 21 and 24-26; or (2) July 1, 2023. Existing law requires a candidate for the office of county sheriff to: (1) be a qualified elector and at least 21 years old on the date on which the candidate is to take office; and (2) meet certain other qualifications based upon the population of the county. In a county whose population is 100,000 or more (currently Clark and Washoe Counties), existing law requires the candidate to, before filing a declaration of candidacy: (1) have accumulated at least 5 consecutive years of any combination of employment or service as a peace officer in this State, or as a law enforcement officer of the Federal Government or another state or political subdivision thereof; and (2) have been certified as a category I peace officer in this State or the equivalent in another state or have successfully completed a federal law enforcement training program approved by the Peace Officers' Standards and Training Commission. In a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), existing law does not require the person to meet any requirements with respect to employment, service, certification or training at the time of filing the declaration of candidacy. However, such a person forfeits the office if, within 1 year after the date of taking office as sheriff, the person fails to earn certification by the Commission as a category I, II or III peace officer. (NRS 248.005) Section 18.5 of this bill decreases the population threshold for such qualifications relating to employment, service, certification and training from 100,000 to 30,000, meaning that a candidate for the office of county sheriff in a county whose population is 30,000 or more (currently Clark, Washoe, Lyon, Elko, Douglas and Nye Counties and Carson City) is required to meet the additional employment, service, certification and training requirements on the date of filing the declaration of candidacy.

Statutes affected:
As Introduced: 169.045, 171.122, 171.1771, 171.1772, 171.1773, 174.031, 176A.510, 176A.630, 179.245, 179.247, 179D.097, 484A.010, 484A.615, 484A.630, 484A.660, 484A.710, 484A.720, 484A.730, 488.920, 501.386
Reprint 1: 169.045, 171.1771, 171.1772, 171.1773, 174.031, 176A.510, 176A.630, 179.245, 179.247, 179D.097, 484A.010, 484A.615, 484A.630, 484A.660, 484A.710, 484A.720, 484A.730, 488.920, 501.386
Reprint 2: 169.045, 171.1771, 171.1772, 171.1773, 174.031, 176A.510, 176A.630, 179.245, 179.247, 179D.097, 484A.615, 484A.630, 484A.660, 484A.710, 484A.720, 484A.730, 488.920, 501.386
Reprint 3: 169.045, 171.1771, 171.1772, 171.1773, 174.031, 176A.510, 176A.630, 179.245, 179.247, 179D.097, 248.005, 484A.615, 484A.630, 484A.660, 484A.710, 484A.720, 484A.730, 488.920, 501.386
As Enrolled: 169.045, 171.1771, 171.1772, 171.1773, 174.031, 176A.510, 176A.630, 179.245, 179.247, 179D.097, 248.005, 484A.615, 484A.630, 484A.660, 484A.710, 484A.720, 484A.730, 488.920, 501.386