SB14 - Revises provisions relating to criminal procedure. (BDR 14-502)

S.B. 14 - *SB14* SENATE BILL NO. 14–COMMITTEE ON JUDICIARY (ON BEHALF OF THE ATTORNEY GENERAL) PREFILED OCTOBER 31, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal procedure. (BDR 14-502) 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 criminal procedure; revising provisions governing bail; revising provisions relating to an order imposing a condition of release prohibiting contact; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a person arrested for an offense other than murder of the 1 first degree to be admitted to bail, unless an exception applies. Under existing law, 2 one such exception generally prohibits a court from admitting to bail a person who 3 is arrested for a felony and, at the time of the arrest, the person was under a 4 suspended sentence for a different offense or was serving a term of residential 5 confinement for a different offense. (NRS 178.484) Section 1 of this bill expands 6 this exception to include a person who is arrested for a battery that constitutes 7 domestic violence. Section 1 thereby generally prohibits a court from admitting to 8 bail a person who is arrested for a battery that constitutes domestic violence if, at 9 the time of the arrest, the person was under a suspended sentence for a different 10 offense or was serving a term of residential confinement for a different offense. 11 Existing law similarly: (1) authorizes a court to revoke the bail of a defendant 12 upon a showing that the defendant committed a felony during the period of release; 13 and (2) sets forth certain requirements and procedures for any such revocation of 14 bail. (NRS 178.487) Section 3 of this bill additionally authorizes a court to revoke 15 the bail of a defendant upon a showing that the defendant committed a battery that 16 constitutes domestic violence. 17 Existing law authorizes a court, before convicting and releasing a person, to 18 issue an order imposing a condition of release that prohibits the person from 19 contacting or attempting to contact certain persons. (NRS 178.4845) Section 2 of 20 this bill authorizes a law enforcement officer to arrest and take into custody a 21 person if the officer has probable cause to believe that: (1) an order prohibiting 22 – 2 – - *SB14* contact has been issued against the person; (2) the person has received certain 23 notice concerning the order; and (3) the person is acting in violation of the order. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 178.484 is hereby amended to read as follows: 1 178.484 1. Except as otherwise provided in this section, a 2 person arrested for an offense other than murder of the first degree 3 must be admitted to bail. 4 2. A person arrested for a felony who has been released on 5 probation or parole for a different offense must not be admitted to 6 bail unless: 7 (a) A court issues an order directing that the person be admitted 8 to bail; 9 (b) The State Board of Parole Commissioners directs the 10 detention facility to admit the person to bail; or 11 (c) The Division of Parole and Probation of the Department of 12 Public Safety directs the detention facility to admit the person to 13 bail. 14 3. A person arrested for a felony or a battery that constitutes 15 domestic violence pursuant to NRS 33.018 whose sentence has 16 been suspended pursuant to NRS 4.373 or 5.055 for a different 17 offense or who has been sentenced to a term of residential 18 confinement pursuant to NRS 4.3762 or 5.076 for a different offense 19 must not be admitted to bail unless: 20 (a) A court issues an order directing that the person be admitted 21 to bail; or 22 (b) A department of alternative sentencing directs the detention 23 facility to admit the person to bail. 24 4. A person arrested for murder of the first degree may be 25 admitted to bail unless the proof is evident or the presumption great 26 by any competent court or magistrate authorized by law to do so in 27 the exercise of discretion, giving due weight to the evidence and to 28 the nature and circumstances of the offense. 29 5. A person arrested for a violation of NRS 484C.110, 30 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 31 is under the influence of intoxicating liquor must not be admitted to 32 bail or released on the person’s own recognizance unless the person 33 has a concentration of alcohol of less than 0.04 in his or her breath. 34 A test of the person’s breath pursuant to this subsection to determine 35 the concentration of alcohol in his or her breath as a condition of 36 admission to bail or release is not admissible as evidence against the 37 person. 38 – 3 – - *SB14* 6. A person arrested for a violation of NRS 484C.110, 1 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 2 is under the influence of a controlled substance, is under the 3 combined influence of intoxicating liquor and a controlled 4 substance, or inhales, ingests, applies or otherwise uses any 5 chemical, poison or organic solvent, or any compound or 6 combination of any of these, to a degree which renders the person 7 incapable of safely driving or exercising actual physical control of a 8 vehicle, a power-driven vessel or a sailing vessel under way must 9 not be admitted to bail or released on the person’s own recognizance 10 sooner than 12 hours after arrest. 11 7. A person arrested for a battery that constitutes domestic 12 violence pursuant to NRS 33.018 must not be admitted to bail 13 sooner than 12 hours after arrest. If the person is admitted to bail 14 more than 12 hours after arrest, without appearing personally before 15 a magistrate or without the amount of bail having been otherwise set 16 by a magistrate or a court, the amount of bail must be: 17 (a) Three thousand dollars, if the person has no previous 18 convictions of battery that constitute domestic violence pursuant to 19 NRS 33.018 and there is no reason to believe that the battery for 20 which the person has been arrested resulted in substantial bodily 21 harm or was committed by strangulation; 22 (b) Five thousand dollars, if the person has: 23 (1) No previous convictions of battery that constitute 24 domestic violence pursuant to NRS 33.018, but there is reason to 25 believe that the battery for which the person has been arrested 26 resulted in substantial bodily harm or was committed by 27 strangulation; or 28 (2) One previous conviction of battery that constitutes 29 domestic violence pursuant to NRS 33.018, but there is no reason to 30 believe that the battery for which the person has been arrested 31 resulted in substantial bodily harm or was committed by 32 strangulation; or 33 (c) Fifteen thousand dollars, if the person has: 34 (1) One previous conviction of battery that constitutes 35 domestic violence pursuant to NRS 33.018 and there is reason to 36 believe that the battery for which the person has been arrested 37 resulted in substantial bodily harm or was committed by 38 strangulation; or 39 (2) Two or more previous convictions of battery that 40 constitute domestic violence pursuant to NRS 33.018. 41  The provisions of this subsection do not affect the authority of a 42 magistrate or a court to set the amount of bail when the person 43 personally appears before the magistrate or the court, or when a 44 magistrate or a court has otherwise been contacted to set the amount 45 – 4 – - *SB14* of bail. For the purposes of this subsection, a person shall be 1 deemed to have a previous conviction of battery that constitutes 2 domestic violence pursuant to NRS 33.018 if the person has been 3 convicted of such an offense in this State or has been convicted of 4 violating a law of any other jurisdiction that prohibits the same or 5 similar conduct. 6 8. A person arrested for violating a temporary or extended 7 order for protection against domestic violence issued pursuant to 8 NRS 33.017 to 33.100, inclusive, or for violating a restraining order 9 or injunction that is in the nature of a temporary or extended order 10 for protection against domestic violence issued in an action or 11 proceeding brought pursuant to title 11 of NRS, or for violating a 12 temporary or extended order for protection against stalking, 13 aggravated stalking or harassment issued pursuant to NRS 200.591, 14 or for violating a temporary or extended order for protection against 15 sexual assault pursuant to NRS 200.378 must not be admitted to bail 16 sooner than 12 hours after arrest if: 17 (a) The arresting officer determines that such a violation is 18 accompanied by a direct or indirect threat of harm; 19 (b) The person has previously violated a temporary or extended 20 order for protection of the type for which the person has been 21 arrested; or 22 (c) At the time of the violation or within 2 hours after the 23 violation, the person has: 24 (1) A concentration of alcohol of 0.08 or more in the 25 person’s blood or breath; or 26 (2) An amount of a prohibited substance in the person’s 27 blood or urine, as applicable, that is equal to or greater than the 28 amount set forth in subsection 3 or 4 of NRS 484C.110. 29 9. If a person is admitted to bail more than 12 hours after 30 arrest, pursuant to subsection 8, without appearing personally before 31 a magistrate or without the amount of bail having been otherwise set 32 by a magistrate or a court, the amount of bail must be: 33 (a) Three thousand dollars, if the person has no previous 34 convictions of violating a temporary or extended order for 35 protection against domestic violence issued pursuant to NRS 33.017 36 to 33.100, inclusive, or of violating a restraining order or injunction 37 that is in the nature of a temporary or extended order for protection 38 against domestic violence issued in an action or proceeding brought 39 pursuant to title 11 of NRS, or of violating a temporary or extended 40 order for protection against stalking, aggravated stalking or 41 harassment issued pursuant to NRS 200.591, or of violating a 42 temporary or extended order for protection against sexual assault 43 pursuant to NRS 200.378; 44 – 5 – - *SB14* (b) Five thousand dollars, if the person has one previous 1 conviction of violating a temporary or extended order for protection 2 against domestic violence issued pursuant to NRS 33.017 to 33.100, 3 inclusive, or of violating a restraining order or injunction that is in 4 the nature of a temporary or extended order for protection against 5 domestic violence issued in an action or proceeding brought 6 pursuant to title 11 of NRS, or of violating a temporary or extended 7 order for protection against stalking, aggravated stalking or 8 harassment issued pursuant to NRS 200.591, or of violating a 9 temporary or extended order for protection against sexual assault 10 pursuant to NRS 200.378; or 11 (c) Fifteen thousand dollars, if the person has two or more 12 previous convictions of violating a temporary or extended order for 13 protection against domestic violence issued pursuant to NRS 33.017 14 to 33.100, inclusive, or of violating a restraining order or injunction 15 that is in the nature of a temporary or extended order for protection 16 against domestic violence issued in an action or proceeding brought 17 pursuant to title 11 of NRS, or of violating a temporary or extended 18 order for protection against stalking, aggravated stalking or 19 harassment issued pursuant to NRS 200.591, or of violating a 20 temporary or extended order for protection against sexual assault 21 pursuant to NRS 200.378. 22  The provisions of this subsection do not affect the authority of a 23 magistrate or a court to set the amount of bail when the person 24 personally appears before the magistrate or the court or when a 25 magistrate or a court has otherwise been contacted to set the amount 26 of bail. For the purposes of this subsection, a person shall be 27 deemed to have a previous conviction of violating a temporary or 28 extended order for protection against domestic violence issued 29 pursuant to NRS 33.017 to 33.100, inclusive, or of violating a 30 restraining order or injunction that is in the nature of a temporary or 31 extended order for protection against domestic violence issued in an 32 action or proceeding brought pursuant to title 11 of NRS, or of 33 violating a temporary or extended order for protection against 34 stalking, aggravated stalking or harassment issued pursuant to NRS 35 200.591, or of violating a temporary or extended order for 36 protection against sexual assault pursuant to NRS 200.378, if the 37 person has been convicted of such an offense in this State or has 38 been convicted of violating a law of any other jurisdiction that 39 prohibits the same or similar conduct. 40 10. For the purposes of subsections 8 and 9, an order or 41 injunction is in the nature of a temporary or extended order for 42 protection against domestic violence if it grants relief that might be 43 given in a temporary or extended order issued pursuant to NRS 44 33.017 to 33.100, inclusive. 45 – 6 – - *SB14* 11. As used in this section, “strangulation” has the meaning 1 ascribed to it in NRS 200.481. 2 Sec. 2. NRS 178.4845 is hereby amended to read as follows: 3 178.4845 1. Before a court makes a determination of bail 4 concerning a person, a victim may request that a court issue an order 5 imposing a condition of release prohibiting contact. 6 2. A court shall consider a request described in subsection 1. 7 3. Upon the issuance of an order imposing a condition of 8 release prohibiting contact, the court shall notify the person subject 9 to the order that violating the order may result in: 10 (a) The person being charged with a misdemeanor; 11 (b) The modification or addition of any condition of release; 12 (c) The revocation of bail and remand of the person to custody; 13 or 14 (d) The imposition of any other penalty prescribed by law. 15 4. An order imposing a condition of release prohibiting 16 contact, and any modification thereof, expires within such time, not 17 to exceed 120 calendar days [Text truncated for display. Full text available on LegiScan.]