SB104A - Revises provisions relating to traffic offenses. (BDR 43-309)

(Reprinted with amendments adopted on May 26, 2023) THIRD REPRINT S.B. 104 - *SB104_R3* SENATE BILL NO. 104–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON JUDICIARY) PREFILED FEBRUARY 2, 2023 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to traffic offenses. (BDR 43-309) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to vehicles; revising provisions relating to certain traffic and related violations; revising provisions relating to the suspension of the driver’s license of a person; and providing other matters properly relating thereto. Legislative Counsel’s Digest: During the 2021 Legislative Session, the Legislature enacted Assembly Bill 1 No. 116 (A.B. 116), which established civil penalties for certain traffic and related 2 violations and enacted procedures for the adjudication of such violations. 3 (Assembly Bill No. 116, chapter 506, Statutes of Nevada 2021, at page 3297) The 4 procedures for the adjudication of civil infractions prescribed by A.B. 116 were 5 based, in part, on the procedures for the adjudication of criminal violations 6 prescribed by chapter 176 of NRS. 7 During the 2021 Legislative Session, the Legislature also enacted Senate Bill 8 No. 219 (S.B. 219), which revised certain statutory provisions upon which the 9 requirements prescribed by A.B. 116 were based by removing the authority of a 10 court to suspend the driver’s license of a defendant or prohibit a defendant from 11 applying for a driver’s license for a specified period as a result of any delinquent 12 fine, administrative assessment, fee or restitution owed. (Senate Bill No. 219, 13 chapter 505, Statutes of Nevada 2021, at page 3292) 14 Section 2 of this bill makes a technical change to align provisions relating to 15 the adjudication of certain traffic and related civil infractions with the changes 16 made by S.B. 219. Specifically, section 2 removes the authority of a court to order 17 the suspension of the driver’s license of a person or prohibit a person from applying 18 for a driver’s license for a specified period as a result of a delinquent fine, 19 administrative assessment or fee associated with a civil penalty imposed for a 20 – 2 – - *SB104_R3* traffic or related violation. (NRS 484A.7047) Section 1 of this bill makes a 21 conforming change relating to the removal of the authority of a court to suspend the 22 driver’s license of a person pursuant to section 2. 23 Section 3 of this bill provides that if, on or after the effective date of this bill, a 24 person is subject to a suspension of his or her driver’s license or a delay in the 25 issuance of a driver’s license imposed for failure to pay a delinquent fine, 26 administrative assessment or fee, the Department of Motor Vehicles must: (1) 27 immediately reinstate the driver’s license of the person or the ability of the person 28 to apply for the issuance of a driver’s license; and (2) notify the person, as soon as 29 possible, of the reinstatement of his or her driver’s license or ability to apply for the 30 issuance of a driver’s license. Section 3 also provides that the Department may not 31 charge any fee for such reinstatement of a driver’s license or require a person to 32 undergo any physical or mental examination to be eligible for such reinstatement of 33 a driver’s license. 34 Existing law prescribes the required contents of traffic citations and civil 35 infraction citations. (NRS 484A.630, 484A.7035) Sections 1.3 and 1.4 of this bill 36 revise the required contents of such citations. 37 Existing law provides that the juvenile court has exclusive original jurisdiction 38 over a child who is alleged to have committed an act designated as a delinquent act, 39 unless an exception applies. (NRS 62B.330, 62B.390) Under existing law, certain 40 offenses are not considered delinquent acts and are therefore excluded from the 41 jurisdiction of the juvenile court. (NRS 62B.330) Section 2.76 of this bill provides 42 that violations of law that are punishable as civil infractions are not considered 43 delinquent acts and are therefore excluded from the jurisdiction of the juvenile 44 court. Existing law grants justice courts and municipal courts jurisdiction to hear 45 and dispose of violations of law that are punishable as civil infractions. (NRS 46 4.370, 5.050) Therefore, section 2.76 clarifies that justice courts and municipal 47 courts have jurisdiction to hear and dispose of violations of law that are punishable 48 as civil infractions, regardless of the age of the person alleged to have committed 49 the violation. 50 Existing law authorizes a peace officer to request the electronic mail address 51 and mobile telephone number of a person to whom a traffic citation is issued for the 52 purpose of enabling the court in which the person is required to appear to 53 communicate with the person. (NRS 484A.630) Section 1.4 similarly authorizes a 54 peace officer to request the electronic mail address and mobile telephone number of 55 a person to whom a civil infraction citation is issued for the same purpose. 56 Existing law requires a court to send certain notice to a person who receives a 57 civil infraction citation. (NRS 484A.704) Section 1.6 of this bill requires this notice 58 to include certain information regarding any online program of dispute resolution 59 established by the court. 60 Existing law: (1) authorizes certain courts and traffic violations bureaus to 61 establish a system through which certain persons may perform certain actions 62 related to a traffic citation or civil infraction citation; and (2) prescribes certain 63 requirements relating to any such system. (NRS 484A.615) Section 1.2 of this bill 64 additionally requires any such system to be capable of allowing certain persons to 65 submit the state registration number of the vehicle the person was driving when the 66 citation was issued. 67 Existing law requires a person who receives a civil infraction citation to 68 respond to the citation within 90 days after the date on which the citation is issued. 69 Section 1.6 instead requires such a person to respond to the citation within 90 days 70 after the date on which the citation is issued or filed with the court, whichever is 71 later. Section 1.4 makes a conforming change relating to the revised deadline set 72 forth in section 1.6. 73 Under existing law, if a person receiving a civil infraction citation does not 74 contest the determination that the person has committed the civil infraction set forth 75 – 3 – - *SB104_R3* in the citation, the person must respond to the citation by: (1) indicating that the 76 person does not contest the determination; and (2) submitting full payment of the 77 monetary penalty specified in the citation. (NRS 484A.704) Section 1.6 revises this 78 requirement by authorizing such a person to request that the court waive or reduce 79 the monetary penalty specified in the citation or enter into a payment plan with the 80 person in lieu of requiring the person to submit full payment of the monetary 81 penalty specified in the citation. Section 1.8 of this bill authorizes the court to 82 waive or reduce the monetary penalty or enter into a payment plan with a person 83 who submits a request pursuant to section 1.6 under certain circumstances. 84 Existing law establishes the procedures for a hearing at which a person may 85 contest whether the person committed a violation set forth in a civil infraction 86 citation and generally requires the person to post a bond in an amount equal to the 87 monetary penalty, administrative assessments and fees specified in the civil 88 infraction citation or alternatively deposit such an amount in cash with the court. 89 (NRS 484A.7041) Section 1.7 of this bill eliminates the requirement that a person 90 who requests a hearing must post a bond or deposit cash with the court. 91 Existing law authorizes a court having jurisdiction over a civil infraction to 92 reduce any moving violation for which a person was issued a civil infraction 93 citation to a nonmoving violation if the court determines that any circumstances 94 warrant such a reduction. (NRS 484A.7043) Section 1.8 clarifies that the court is 95 not required to hold a hearing before reducing a moving violation to a nonmoving 96 violation. 97 Under existing law, any civil penalty assessed against a person who is found to 98 have committed a civil infraction must be paid to: (1) the treasurer of the city in 99 which the civil infraction occurred; or (2) if the civil infraction did not occur in a 100 city, the treasurer of the county in which the civil infraction occurred. 101 (NRS 484A.7043) Section 1.8 instead requires any such civil penalty to be paid to 102 the treasurer of the city or county, as applicable, in which the civil infraction 103 citation was filed. 104 Existing law: (1) authorizes a prosecuting attorney to elect to treat certain 105 traffic and related offenses that are punishable as a misdemeanor instead as a civil 106 infraction; and (2) provides a procedure for making such an election. Pursuant to 107 this procedure, existing law requires the prosecuting attorney to make the election 108 on or before the time scheduled for the first appearance of the defendant. (NRS 109 484A.7049) Section 2.2 of this bill: (1) authorizes the prosecuting attorney to make 110 the election at any time before the court enters a judgment of conviction; and (2) 111 eliminates certain procedural requirements relating to making such an election. 112 Section 2.2 also authorizes the district attorney or city attorney of any county or 113 city, respectively, to authorize a traffic enforcement agency over whom the district 114 attorney or city attorney has jurisdiction to elect to treat certain traffic and related 115 offenses that are punishable as a misdemeanor instead as a civil infraction. Finally, 116 section 2.2 provides that a bench warrant may not be issued for a violation that is 117 treated as a civil infraction. 118 Existing law authorizes a peace officer to arrest a person without a warrant if 119 the peace officer has reasonable cause for believing that the person has committed 120 homicide by vehicle, certain offenses involving driving under the influence and 121 certain other traffic and related offenses. (NRS 484A.710) Section 2.6 of this bill 122 authorizes a peace officer who has reasonable cause for believing that a person has 123 committed a violation for which existing law authorizes the peace officer to arrest a 124 person to also arrest the person without a warrant for an offense that is punishable 125 as a civil infraction. Section 2.4 of this bill makes a conforming change relating to 126 arrests authorized by section 2.6. 127 Existing law establishes the jurisdiction of justice courts. (NRS 4.370) Section 128 2.67 of this bill authorizes the justice court to transfer original jurisdiction of a civil 129 infraction to the district court or juvenile court if: (1) the person charged with the 130 – 4 – - *SB104_R3* civil infraction is a person under 18 years of age; and (2) the district court or 131 juvenile court, as applicable, approves the transfer. 132 Existing law provides certain persons with immunity from liability for certain 133 acts or omissions under certain circumstances. (Chapter 41 of NRS) Section 2.7 of 134 this bill provides that a prosecuting attorney who prosecutes a person charged with 135 a civil infraction or a violation of a traffic ordinance that is punishable by the 136 imposition of a civil penalty is immune from liability to the same extent as a 137 prosecuting attorney who prosecutes a person charged with violating a criminal law 138 of this State. Sections 2.72 and 2.74 of this bill make conforming changes to 139 indicate the proper placement of section 2.7 in the Nevada Revised Statutes. 140 Section 2.8 of this bill authorizes a board of county commissioners to provide 141 by ordinance that a violation of a traffic ordinance enacted by the board imposes a 142 civil penalty instead of a criminal sanction. 143 Section 2.9 of this bill requires the Department of Public Safety, in consultation 144 with law enforcement agencies and courts of this State, to: (1) study best practices 145 for developing and implementing a standardized, statewide uniform civil infraction 146 citation; and (2) submit its findings and recommendations for legislation to the 147 Joint Interim Standing Committee on the Judiciary. Section 2.95 of this bill 148 requires justice courts and municipal courts, on or before January 1, 2024, to adopt 149 rules governing the practice and procedure for setting aside a default judgment in 150 an action relating to a civil infraction. 151 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 483.443 is hereby amended to read as follows: 1 483.443 1. The Department shall, upon receiving notification 2 from a district attorney or other public agency collecting support for 3 children pursuant to NRS 425.510 that a court has determined that a 4 person: 5 (a) Has failed to comply with a subpoena or warrant relating to a 6 proceeding to establish paternity or to establish or enforce an 7 obligation for the support of a child; or 8 (b) Is in arrears in the payment for the support of one or more 9 children, 10  send a written notice to that person that his or her driver’s license 11 is subject to suspension. 12 2. The notice must include: 13 (a) The reason for the suspension of the license; 14 (b) The information set forth in subsections 3, 5 and 6; and 15 (c) Any other information the Department deems necessary. 16 3. If a person who receives a notice pursuant to subsection 1 17 does not, within 30 days after receiving the notice, comply with the 18 subpoena or warrant or satisfy the arrearage as required in NRS 19 425.510, the Department shall suspend the license without providing 20 the person with an opportunity for a hearing. 21 4. The Department shall suspend immediately the license of a 22 defendant if so ordered pursuant to NRS 62B.420 . [or 484A.7047.] 23 – 5 – - *SB104_R3* 5. The Department shall reinstate the driver’s license of a [Text truncated for display. Full text available on LegiScan.]