AB233 - Revises provisions relating to courts. (BDR 1-215)

A.B. 233 - *AB233* ASSEMBLY BILL NO. 233–ASSEMBLYMEMBER HAFEN FEBRUARY 11, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to courts. (BDR 1-215) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to courts; revising provisions relating to the jurisdiction of justice courts in certain criminal cases; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that, with certain exceptions, in criminal cases, the 1 jurisdiction of a justice of the peace extends to the limits of the county of the justice 2 of the peace. (NRS 4.370) This bill creates an additional exception that extends the 3 jurisdiction of a justice of the peace in the case of an arrest made by a member of 4 the Nevada Highway Patrol. 5 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 4.370 is hereby amended to read as follows: 1 4.370 1. Except as otherwise provided in subsection 2, justice 2 courts have jurisdiction of the following civil actions and 3 proceedings and no others except as otherwise provided by specific 4 statute: 5 (a) In actions arising on contract for the recovery of money only, 6 if the sum claimed, exclusive of interest, does not exceed $15,000. 7 (b) In actions for damages for injury to the person, or for taking, 8 detaining or injuring personal property, or for injury to real property 9 where no issue is raised by the verified answer of the defendant 10 involving the title to or boundaries of the real property, if the 11 damage claimed does not exceed $15,000. 12 (c) Except as otherwise provided in paragraph (l), in actions for 13 a fine, penalty or forfeiture not exceeding $15,000, given by statute 14 – 2 – - *AB233* or the ordinance of a county, city or town, where no issue is raised 1 by the answer involving the legality of any tax, impost, assessment, 2 toll or municipal fine. 3 (d) In actions upon bonds or undertakings conditioned for the 4 payment of money, if the sum claimed does not exceed $15,000, 5 though the penalty may exceed that sum. Bail bonds and other 6 undertakings posted in criminal matters may be forfeited regardless 7 of amount. 8 (e) In actions to recover the possession of personal property, if 9 the value of the property does not exceed $15,000. 10 (f) To take and enter judgment on the confession of a defendant, 11 when the amount confessed, exclusive of interest, does not exceed 12 $15,000. 13 (g) Of actions for the possession of lands and tenements where 14 the relation of landlord and tenant exists, when damages claimed do 15 not exceed $15,000 or when no damages are claimed. 16 (h) Of actions when the possession of lands and tenements has 17 been unlawfully or fraudulently obtained or withheld, when 18 damages claimed do not exceed $15,000 or when no damages are 19 claimed. 20 (i) Of suits for the collection of taxes, where the amount of the 21 tax sued for does not exceed $15,000. 22 (j) Of actions for the enforcement of mechanics’ liens, where the 23 amount of the lien sought to be enforced, exclusive of interest, does 24 not exceed $15,000. 25 (k) Of actions for the enforcement of liens of owners of facilities 26 for storage, where the amount of the lien sought to be enforced, 27 exclusive of interest, does not exceed $15,000. 28 (l) In actions for a civil penalty imposed for a violation of 29 NRS 484D.680. 30 (m) Except as otherwise provided in this paragraph, in any 31 action for the issuance of a temporary or extended order for 32 protection against domestic violence pursuant to NRS 33.020. A 33 justice court does not have jurisdiction in an action for the issuance 34 of a temporary or extended order for protection against domestic 35 violence: 36 (1) In a county whose population is 100,000 or more and less 37 than 700,000; 38 (2) In any township whose population is 100,000 or more 39 located within a county whose population is 700,000 or more; 40 (3) If a district court issues a written order to the justice court 41 requiring that further proceedings relating to the action for the 42 issuance of the order for protection be conducted before the district 43 court; or 44 – 3 – - *AB233* (4) Where the adverse party against whom the order is 1 sought is under 18 years of age. 2 (n) Except as otherwise provided in this paragraph, in any action 3 for the issuance of an emergency or extended order for protection 4 against high-risk behavior pursuant to NRS 33.570 or 33.580. A 5 justice court does not have jurisdiction in an action for the issuance 6 of an emergency or extended order for protection against high-risk 7 behavior: 8 (1) In a county whose population is 100,000 or more but less 9 than 700,000; 10 (2) In any township whose population is 100,000 or more 11 located within a county whose population is 700,000 or more; 12 (3) If a district court issues a written order to the justice court 13 requiring that further proceedings relating to the action for the 14 issuance of the order for protection be conducted before the district 15 court; or 16 (4) Where the adverse party against whom the order is 17 sought is under 18 years of age. 18 (o) In an action for the issuance of a temporary or extended 19 order for protection against harassment in the workplace pursuant to 20 NRS 33.200 to 33.360, inclusive, where the adverse party against 21 whom the order is sought is 18 years of age or older. 22 (p) In small claims actions under the provisions of chapter 73 of 23 NRS. 24 (q) In actions to contest the validity of liens on mobile homes or 25 manufactured homes. 26 (r) In any action pursuant to NRS 200.591 for the issuance of a 27 protective order against a person alleged to be committing the crime 28 of stalking, aggravated stalking or harassment where the adverse 29 party against whom the order is sought is 18 years of age or older. 30 (s) In any action pursuant to NRS 200.378 for the issuance of a 31 protective order against a person alleged to have committed the 32 crime of sexual assault where the adverse party against whom the 33 order is sought is 18 years of age or older. 34 (t) In actions transferred from the district court pursuant to 35 NRS 3.221. 36 (u) In any action for the issuance of a temporary or extended 37 order pursuant to NRS 33.400. 38 (v) In any action seeking an order pursuant to NRS 441A.195. 39 (w) In any action to determine whether a person has committed 40 a civil infraction punishable pursuant to NRS 484A.703 to 41 484A.705, inclusive. 42 2. The jurisdiction conferred by this section does not extend to 43 civil actions, other than for forcible entry or detainer, in which the 44 – 4 – - *AB233* title of real property or mining claims or questions affecting the 1 boundaries of land are involved. 2 3. Justice courts have jurisdiction of all misdemeanors and no 3 other criminal offenses except as otherwise provided by specific 4 statute. A justice court may, upon approval of the district court, 5 transfer original jurisdiction of a misdemeanor to the district court 6 for the purpose of assigning an offender to a program established: 7 (a) By the district court pursuant to: 8 (1) NRS 176A.250, if the justice court: 9 (I) Has not established its own program pursuant to that 10 section; or 11 (II) Determines that the transfer is appropriate and 12 necessary; or 13 (2) NRS 176A.280, if the justice court has not established its 14 own program pursuant to that section; or 15 (b) Pursuant to NRS 433A.335, if the offender is eligible to 16 receive assisted outpatient treatment pursuant to that section. 17 4. Except as otherwise provided in subsections 5 , [and] 6 [,] 18 and 7, in criminal cases the jurisdiction of justices of the peace 19 extends to the limits of their respective counties. 20 5. A justice of the peace may conduct a pretrial release hearing: 21 (a) For a person located outside of the township of the justice of 22 the peace. 23 (b) Pursuant to an interlocal agreement, in a municipal court. 24 6. Each justice court has jurisdiction of any violation of a 25 regulation governing vehicular traffic on an airport within the 26 township in which the court is established. 27 7. In the case of any arrest made by a member of the Nevada 28 Highway Patrol, the jurisdiction of the justices of the peace 29 extends to the limits of their respective counties and to the limits of 30 all counties which have common boundaries with their respective 31 counties. 32 H