SUMMARY--Requires determination of probable cause to be made within 48 hours after arrest of person without warrant. (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 a determination of probable cause to be made within 48 hours after the arrest of a person without a warrant; providing that a person arrested without a warrant must be released from custody if a complaint is not filed against him within a certain time; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
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 171.177 is hereby amended to read as follows:
171.177Except as otherwise provided in NRS 171.122 and 171.178, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, he must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate appearance before a magistrate;
2. When the person is detained pursuant to a warrant for his arrest;
3. When the person is arrested by a peace officer; or
4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 171.1773.
Sec. 4. NRS 171.1771 is hereby amended to read as follows:
171.1771Whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not required to be taken before a magistrate, the person [shall,] must, in the discretion of the peace officer, either be given a misdemeanor citation, or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He [shall] must be taken before the magistrate when he does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe he will disregard a written promise to appear in court.
Sec. 5. NRS 171.178 is hereby amended to read as follows:
171.178 1. Except as otherwise provided in subsections [5 and 6,] 6 and 7, 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] immediately deliver the arrested person to a peace officer.
3. If an arrested person is not brought before a magistrate within [72] 48 hours after arrest, excluding nonjudicial days, the magistrate:
(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and
(b) May release the arrested person if he determines that the person was not brought before a magistrate without unnecessary delay.
4. [When] If a person is arrested without a warrant [is brought before] , a peace officer shall deliver to a magistrate [, a complaint must be filed forthwith.
5.] a statement signed under oath setting forth the essential facts constituting the offense against the laws of the State of Nevada charged or the reason for the arrest within 48 hours after the arrest, including nonjudicial days. The magistrate shall promptly determine whether the peace officer or person who made the arrest had probable cause to believe that the offense was committed by the defendant. If the magistrate determines:
(a) That probable cause did not exist for the arrest, the magistrate shall order the immediate release of the arrested person from custody without any further proceedings.
(b) That probable cause existed for the arrest, the magistrate shall fix the date by which a complaint must be filed against the arrested person.
5. If a complaint:
(a) Is not filed against a person who was arrested without a warrant by the date fixed pursuant to subsection 4, the person must be released from custody without any further proceedings, unless the court grants an extension for good cause shown.
(b) Is filed against a person who was arrested without a warrant by the date fixed pursuant to subsection 4, the person must be brought before a magistrate or master at a time determined by the court in which the complaint was filed.
6. 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.] 7. 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. 6. NRS 205.230 is hereby amended to read as follows:
205.2301. All state, county, city and township peace and law enforcement officers are empowered and directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within [the] this state, a person who commits grand larceny in violation of subsection 3 or 4 of NRS 205.220.
2. Upon apprehension and arrest of a person pursuant to subsection 1, the arresting officer shall take the person before the nearest or most accessible magistrate [without unnecessary delay.] within the time prescribed pursuant to NRS 171.178.
Sec. 7. NRS 484.397 is hereby amended to read as follows:
484.3971. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to move it to a position off the paved or improved or main-traveled part of such highway.
2. Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.
3. Any police officer may remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to the nearest garage or other place of safekeeping if:
(a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;
(b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate [without unnecessary delay;] within the time prescribed pursuant to NRS 171.178; or
(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.
Sec. 8. NRS 484.791 is hereby amended to read as follows:
484.7911. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood;
(c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;
(d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;
(e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225;
(f) Reckless driving;
(g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver's license has been canceled, revoked or suspended; or
(h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.
2. Whenever any person is arrested as authorized in this section he must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer has the same discretion as is provided in other cases in NRS 484.795.
Sec. 9. NRS 484.793 is hereby amended to read as follows:
484.793Whenever any person is halted by a peace officer for any violation of this chapter not amounting to a gross misdemeanor or felony, he [shall] must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate, as specified in NRS 484.803, in either of the following cases:
1. When the person demands an immediate appearance before a magistrate; or
2. In any other event when the person is issued a traffic citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 484.799.
Sec. 10. NRS 484.795 is hereby amended to read as follows:
484.795Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He must be taken before the magistrate in any of the following cases:
1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;
2. When the person is charged with a violation of NRS 484.701, relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;
3. When the person is charged with a violation of NRS 484.755, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or
4. When the person is charged with a violation of NRS 484.379, unless he is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking him before the magistrate.
Sec. 11. NRS 484.797 is hereby amended to read as follows:
484.7971. All of the provisions of this chapter apply both to residents and nonresidents of this state, except the special provisions in this section [, which shall] which govern in respect to nonresidents.
2. A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the peace officer has reasonable cause for believing that the person has committed any offense under the provisions of this chapter in connection with the accident, and if the peace officer has reasonable cause for believing that the person will disregard a written promise to appear in court.
3. Whenever any person is arrested under the provisions of this section, he [shall] must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate, as specified in NRS 484.803.
Sec. 12. NRS 484.803 is hereby amended to read as follows:
484.8031. Whenever any person is taken before a magistrate or is given a written traffic citation containing a notice to appear before a magistrate as provided for in NRS 484.799, the magistrate must be a justice of the peace or municipal judge who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person must be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before that court.
2. For the purpose of this section, the terms "magistrate" and "court" include magistrates and courts having jurisdiction of offenses under the law of this state as committing magistrates and courts and those having jurisdiction of the trials of such offenses.
Sec. 13. NRS 488.291 is hereby amended to read as follows:
488.2911. A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property.
2. The abandonment of any vessel in a manner prohibited by subsection 1 is prima facie evidence that the last registered owner of record, unless he has notified the division of wildlife of the state department of conservation and natural resources or other appropriate agency of his relinquishment of title or interest therein, is responsible for the abandonment. The person so responsible is liable for the cost of removal and disposition of the vessel.
3. A game warden, sheriff or other peace officer of this state may remove a vessel from a public waterway when:
(a) The vessel is left unattended and is adrift, moored, docked, beached or made fast to land in such a position as to interfere with navigation or in such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another.
(b) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled.
(c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.
(d) An officer arrests a person operating or in control of the vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested before a magistrate [without unnecessary delay.] within the time prescribed pursuant to NRS 171.178.
(e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare.
Sec. 14. NRS 488.360 is hereby amended to read as follows:
488.360Whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person [shall,] must, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He [shall] must be taken before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of identity; or
2. When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
Sec. 15. NRS 501.386 is hereby amended to read as follows:
501.386Whenever any person is halted by a game warden for any violation of this Title, the person [shall,] must in the discretion of the game warden, either be given a citation or be taken [without unnecessary delay] within the time prescribed pursuant to NRS 171.178 before the proper magistrate. He [shall] must be taken before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of identity; or
2. When the game warden has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
Sec. 16. 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.
Sec. 17. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.