SB359 - Makes various changes relating to drivers. (BDR 43-900)

- 83rd Session (2025) Senate Bill No. 359–Committee on Judiciary CHAPTER.......... AN ACT relating to vehicles; revising provisions governing a hearing to contest the determination set forth in a civil infraction citation; authorizing a court to consolidate a criminal complaint for a misdemeanor offense and a civil infraction under certain circumstances; prescribing requirements for a consolidated hearing; clarifying that certain traffic and related offenses may be charged as misdemeanors if committed in conjunction with driving under the influence of alcohol or a controlled substance; requiring those offenses to be reduced to civil infractions if the charge of driving under the influence is dismissed unless an exception applies; revising provisions governing the reduction of certain moving traffic violations to nonmoving violations; authorizing a board of county commissioners to impose a civil penalty in lieu of a criminal penalty for the violation of a county ordinance under certain circumstances; clarifying the locations to which certain statutory duties of a driver involved in a crash apply; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes the procedures for a hearing at which a person may contest whether the person committed a violation set forth in a civil infraction citation. (NRS 484A.7041) Section 1 of this bill makes certain rules of evidence applicable to the adjudication of contested cases under the Nevada Administrative Procedure Act applicable to any such hearing. Section 4 of this bill replaces a requirement that, before any such hearing, the person must post a bond equal to the amount of the full payment of the monetary penalty, administrative assessment and any fees specified in the civil infraction citation with a requirement that the person must post a bond of not more than that amount. Section 4 also: (1) authorizes counsel to appear on behalf of a person who requests a hearing; and (2) provides that if counsel appears, the person is not required to attend the hearing and is deemed to have stipulated to his or her identity as the recipient of the civil infraction citation. Finally, section 4 requires a court to dismiss a civil infraction citation if the peace officer who issued the citation does not appear at the hearing or submit a written statement, unless sufficient evidence is otherwise presented to establish the infraction. Under existing law, if a person is arrested for a misdemeanor offense arising out of the same facts and circumstances as certain violations of law that are punishable as civil infractions, the offense and the civil infraction may be included in the same criminal complaint. (NRS 484A.7033) Section 2 of this bill instead authorizes a court, under certain circumstances, to consolidate a criminal complaint for a misdemeanor offense and a civil infraction. Section 2 also prescribes procedures for holding a single, consolidated hearing and sets forth specific requirements for such a hearing. – 2 – - 83rd Session (2025) Existing law requires that civil penalties imposed for civil infractions be paid to: (1) the treasurer of the city in which the civil infraction occurred; or (2) if the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred. (NRS 484A.7043) Section 4.5 of this bill instead requires that civil penalties collected by a: (1) municipal court be paid to the treasurer of the city in which the court is located; and (2) justice court be paid to the treasurer of the county in which the court is located. Section 4.5 also prohibits a court from awarding attorney’s fees or costs to any party in a hearing to contest a civil infraction citation, regardless of the outcome. Existing law: (1) authorizes a prosecuting attorney to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civil infraction; and (2) provides a procedure for making such an election. Pursuant to this procedure, existing law requires the prosecuting attorney to make the election on or before the time scheduled for the first appearance of the defendant. (NRS 484A.7049) Section 5 of this bill eliminates this requirement and certain related procedural requirements. Section 3 of this bill makes a conforming change to remove a reference to provisions eliminated by section 5. Under existing law, if a person commits a traffic or related offense punishable as a civil infraction while under the influence of alcohol or a controlled substance, the person may instead be charged with a misdemeanor for the traffic or related offense. (NRS 484A.705) Section 6 of this bill clarifies that this provision applies when a person commits a traffic or related offense and is also charged with driving under the influence of alcohol or a controlled substance. Section 6 further requires the misdemeanor charge to be reduced to a civil infraction if the charge of driving under the influence of alcohol or a controlled substance, is dismissed, unless the dismissal occurs pursuant to a plea agreement. Existing law makes it unlawful to drive a vehicle at certain speeds. Existing law also: (1) authorizes a court, in its discretion, to reduce a violation of this prohibition to a nonmoving violation; and (2) establishes a presumption in favor of such a reduction if the person cited for the violation pays all applicable fines and fees before the date on which the person is first required to appear in court relating to the citation. (NRS 484B.600) Section 7 of this bill eliminates this presumption. Section 7 instead authorizes a court, in its discretion, to reduce a moving traffic violation for speeding to a nonmoving violation if the person cited: (1) admits to committing the violation and pays all applicable fines and fees on or before the date on which the person is first required to appear in court relating to the citation; and (2) provides the court with a copy of his or her driving record. Section 7 further prohibits a court from granting such a reduction if the driving record of the person indicates a pattern of moving traffic violations. Existing law also authorizes a board of county commissioners to provide a civil penalty in lieu of a criminal penalty for the violation of certain types of ordinances. (NRS 244.189, 244.3575, 244.359) Section 12 of this bill authorizes a board of county commissioners to impose a civil penalty instead of a criminal penalty for the violation of a county ordinance unless state law expressly prohibits the imposition of a civil penalty or prescribes a criminal penalty for the same act or omission. Existing law requires the driver of a vehicle involved in a crash to take certain actions, which vary depending on whether the crash involves injury or death or attended or unattended property and whether a police officer is present. (NRS 484E.020-484E.050) Sections 8-11 of this bill clarify the location-based requirements for the responsibilities of a driver following a crash on a highway or premises to which the public has access. Specifically, section 8 requires the driver of a vehicle involved in such a crash that results only in damage to a vehicle or other property driven or attended by a person to stop and, if the vehicle is – 3 – - 83rd Session (2025) obstructing traffic and can be moved safely, move it to a safe location. (NRS 484E.020) Section 9 requires the driver of a vehicle involved in such a crash that results in injury, death or damage to attended property to stop, provide certain information, render aid if needed and report the crash to law enforcement under certain circumstances. (NRS 484E.030) Section 10 clarifies that the duties of a driver who is involved in a crash with unattended property apply when the crash occurs on a highway or premises to which the public has access. (NRS 484E.040) Section 11 provides that the duty to report a crash involving unattended property applies when the crash occurs on a highway. (NRS 484E.050) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 484A of NRS is hereby amended by adding thereto a new section to read as follows: 1. A hearing conducted pursuant to NRS 484A.7041 must be conducted by a court having jurisdiction of the offense, as specified in NRS 484A.750, in accordance with the provisions of this section and any rules adopted by the Nevada Supreme Court. 2. At a hearing conducted pursuant to NRS 484A.7041: (a) The court, the defendant, the attorney for the defendant, if any, and the prosecuting attorney, if any, have the right to subpoena witnesses in accordance with applicable court rules. (b) Oral evidence may be taken only upon oath or affirmation. (c) Every party has the right to: (1) Call and examine witnesses; (2) Introduce exhibits relevant to the issues of the case; (3) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination; (4) Impeach any witness regardless of which party first called the witness to testify; and (5) Offer rebuttal evidence. 3. A hearing conducted pursuant to NRS 484A.7041 is an informal proceeding. The court: (a) Shall liberally construe the rules relating to evidence at any such hearing; and (b) May admit evidence if the court determines that the evidence has probative value to a fact at issue in the case. 4. The court may: (a) Conduct a hearing by telephone, audiovisual means or other electronic means. – 4 – - 83rd Session (2025) (b) Permit a party or witness residing outside of the judicial district in which the court is located to testify by telephone, audiovisual means or other electronic means. Sec. 2. NRS 484A.7033 is hereby amended to read as follows: 484A.7033 1. Except as otherwise provided by law, a peace officer in this State who has reasonable cause to believe that a person has violated a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation. A peace officer who has halted and detained a person pursuant to this section may also: (a) Detain the person in accordance with NRS 171.123 if circumstances exist that warrant such a detention; (b) Search the person to ascertain the presence of a weapon in accordance with NRS 171.1232 and take any other action authorized pursuant to that section or any other provision of law; and (c) Arrest the person in accordance with NRS 171.1231 if probable cause for the arrest exists. 2. [If] Except as otherwise provided in subsection 4, if a person is arrested [pursuant to paragraph (c) of subsection 1] or cited for [an] a misdemeanor offense [that arises out of] arising from the same facts and circumstances as [the] a violation for which a civil infraction [and] citation is [punishable as a misdemeanor,] issued, the [offense] court may, upon motion of either party or on its own motion, consolidate the criminal complaint and the civil infraction [may be included in] at any stage of the [same] proceedings. In a consolidated hearing: (a) The rules governing the criminal complaint [.] apply, except that the court must determine whether a civil infraction was committed based on a preponderance of the evidence, as provided in subsection 5 of NRS 484A.7041. (b) If the defendant is represented by an attorney appointed to provide indigent defense services for the criminal complaint, the hearing must be bifurcated, and the attorney for the defendant must not be required to represent the defendant during the portion of the hearing addressing the civil infraction. 3. If a misdemeanor offense and a civil infraction are included in the same criminal complaint or are consolidated pursuant to subsection 2, the court must consider the evidence and render judgment for both the misdemeanor offense and the civil infraction at the same hearing. – 5 – - 83rd Session (2025) 4. The provisions of subsection 2 that authorize the court to consolidate a misdemeanor offense and a civil infraction do not apply if the court has entered an order finding that the person committed the civil infraction pursuant to subsection 4 of NRS 484A.704. 5. A consolidated hearing conducted pursuant to this section must be conducted by the court without a jury. Sec. 3. NRS 484A.7035 is hereby amended to read as follows: 484A.7035 1. When a person is halted by a peace officer in this State for any violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction, or a prosecuting attorney elects to treat a violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor instead as a civil infraction in accordance with NRS 484A.7049, the peace officer or prosecuting attorney, as applicable, may prepare a civil infraction citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing : [, except as otherwise provided in paragraph (a) of subsection 2 of NRS 484A.7049:] (a) A statement that the citation represents a determination by a peace officer or prosecuting attorney that a civil infraction has been committed by the person named in the citation and that the determination will be final unless contested as provided in NRS 484A.703 to 484A.705, inclusive; (b) A statement that a civil infraction is not a criminal offense; (c) The name, date of birth, residential address and mailing address, if different from the residential address, telephone number and electronic mail address of the person who is being issued the citation and an indication as to whether the person has agreed to receive communications relating to the civil infraction by text message; (d) The state registration number of the person’s vehicle, if any; (e) The number of the person’s driver’s license, if any; (f) The civil infraction for which the citation was issued; (g) The personnel number or other unique agency identification number of the peace officer issuing the citation and the address and phone number of the agency which employs the peace officer or, if a prosecuting attorney is issuing the citation, the personnel number or other unique agency identification number of the peace officer who halted the person for the violat [Text truncated for display. 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