SUMMARY--Limits time that arrested person may be held before he is brought before magistrate. (BDR 14-155)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to criminal procedure; requiring an arrested person to be brought before a magistrate within 48 hours after arrest to comply with constitutional requirements; providing that an arrested person must be released from custody if he is not brought before a magistrate within the required time; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 171.158 is hereby amended to read as follows:
171.158 1. Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in the other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
2. The officer of another state making an arrest within this state shall take the person arrested before a magistrate of the county in which the arrest was made, [without unnecessary delay.] within the time prescribed pursuant to NRS 171.178. The magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit him to bail for such purpose. If the magistrate determines the arrest was unlawful he shall discharge the person arrested.
3. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Sec. 2 NRS 171.174 is hereby amended to read as follows:
171.174 If such an arrest is made in obedience to a warrant, the disposition of the [prisoner shall] arrested person must be as in other cases of arrest under a warrant. If the arrest is without a warrant, the [prisoner shall without unnecessary delay] arrested person must be taken within the time prescribed pursuant to NRS 171.178 before a municipal court or a justice of the peace or other magistrate of the county wherein such an arrest was made, and such court shall admit such person to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of such [prisoner] arrested person before the court having jurisdiction of such criminal offense.
Sec. 3 NRS 171.178 is hereby amended to read as follows:
171.178 1. [Except as provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2.] A private person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada or deliver the arrested person to a peace officer.
[3. If an]
2. Except as otherwise provided in subsections 4 and 5, an arrested person [is not] must be brought before a magistrate within [72] 48 hours after arrest, [excluding] including nonjudicial days, [the magistrate:
(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and
(b) May release] to inform the arrested person of his rights pursuant to NRS 171.186 and, if the person was arrested without a warrant, for a determination of probable cause. If the arrested person [if he determines that the person was] is not brought before a magistrate [without unnecessary delay.
4. When] within the required time, the arrested person must be released from custody unless it is established that extraordinary circumstances caused the delay.
3. If a complaint has not been filed against a person [arrested without a warrant] before he is brought before a magistrate, a complaint must be filed [forthwith.
5.] at the time he is brought before the magistrate.
4. Except as otherwise provided in NRS 178.487, [where] if the defendant can be admitted to bail without appearing personally before a magistrate, he must be so admitted with the least possible delay [,] and required to appear before a magistrate at the earliest convenient time thereafter.
[6.] 5. A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.
Sec. 4 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.