Nevada AB 440: Revises provisions relating to law enforcement. (BDR 14-376)

Bill Text

- 81st Session (2021)
Assembly Bill No. 440–Committee on Judiciary

CHAPTER..........

AN ACT relating to law enforcement; defining the terms “repeat
offense,” “prohibited offense” and “crime of violence”;
requiring certain persons to issue misdemeanor citations,
traffic citations, vessel citations and wildlife citations under
certain circumstances for offenses punishable as
misdemeanors that do not constitute repeat offenses, crimes
of violence or certain other prohibited offenses under certain
circumstances; revising provisions governing the
qualifications for the office of county sheriff; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
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.

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- 81st Session (2021)
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