USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 171 - PROCEEDINGS TO COMMITMENT
Every
person, whether an inhabitant of this state, or any other state, or of a
territory or district of the United States, is liable to punishment by
the laws of this state for a public offense committed by him therein,
except where it is by law cognizable exclusively in the courts of the
United States.
[1911 Cr. Prac. § 58; RL § 6908; NCL § 10705]
When the
commission of a public offense, commenced without the State, is
consummated within its boundaries, the defendant is liable to punishment
therefor in this State, though he was out of the State at the time of the
commission of the offense charged. If he consummated it in this State,
through the intervention of an innocent or guilty agent, or any other
means proceeding directly from himself, in such case the jurisdiction is
in the county in which the offense is consummated.
[1911 Cr. Prac. § 59; RL § 6909; NCL § 10706]
Whenever a person, with intent to commit a crime, does
any act within this State in execution or part execution of such intent,
which culminates in the commission of a crime, either within or without
this State, such person is punishable for such crime in this State in the
same manner as if the same had been committed entirely within this State.
[1911 Cr. Prac. § 59a; added 1927, 87; NCL § 10707]
When an inhabitant or resident of
this state, by previous appointment or engagement, fights a duel or is
concerned as second therein, out of the jurisdiction of this state, and
in the duel a wound is inflicted upon a person, whereof he dies in this
state, the jurisdiction of the offense is in the county where the death
happens.
[1911 Cr. Prac. § 60; RL § 6910; NCL § 10708]
When a public offense is committed in part in one county and in
part in another or the acts or effects thereof constituting or requisite
to the consummation of the offense occur in two or more counties, the
venue is in either county.
[1911 Cr. Prac. § 61; RL § 6911; NCL § 10709]—(NRS A 1963, 47)
When an
offense is committed on the boundary of two or more counties, or within
500 yards thereof, the venue is in either county.
[1911 Cr. Prac. § 62; RL § 6912; NCL § 10710]—(NRS A 1963, 47)
When an offense is
committed in this state:
1. On board a vessel navigating a river, slough, lake or canal, or
lying therein, in the prosecution of her voyage, the venue is in any
county through which the vessel is navigated in the course of her voyage,
or in the county where the voyage terminates;
2. On a railroad train, car, stage or other public conveyance, or
on a private motor vehicle, prosecuting its trip, the venue is in any
county through which the train, car, stage or other public conveyance, or
private motor vehicle, passes in the course of its trip, or in the county
where the trip terminates; or
3. On an aircraft prosecuting its trip, the venue is in any county
over which the aircraft passes in the course of its trip, or in the
county where the trip terminates. However, venue under this subsection
shall be only in a county over or into which the aircraft passes prior to
the first landing of such aircraft after the crime is discovered by or
reported to the person in charge of such aircraft.
[1911 Cr. Prac. § 63; RL § 6913; NCL § 10711]—(NRS A 1959, 215;
1963, 47)
When a public offense concerns any neat cattle, horse, mule or
other animal running at large upon any range which extends into more than
one county of this state, such offense may be prosecuted in either of the
counties, and, upon the trial of any such offense, proof that such animal
is the property of the owner, or person occupying the range, and was at
the time the offense was committed running at large upon the range, shall
be prima facie evidence that the offense was committed within the
jurisdiction of the court.
[1911 Cr. Prac. § 64; RL § 6914; NCL § 10712]
When the offense, either of bigamy
or incest, is committed in one county and the defendant is apprehended in
another, the venue is in either county.
[1911 Cr. Prac. § 66; RL § 6916; NCL § 10714]—(NRS A 1963, 47)
When property
taken in one county by burglary, robbery, larceny or embezzlement has
been brought into another, the venue of the offense is in either county,
but if, at any time before the conviction of the defendant in the latter,
he is indicted in the former county, the sheriff of the latter county
must, upon demand, deliver him to the sheriff of the former.
[1911 Cr. Prac. § 67; RL § 6917; NCL § 10715]—(NRS A 1963, 47)
In the
case of an accessory in the commission of a public offense, the venue is
in either the county where the offense of the accessory was committed, or
where the principal offense was committed.
[1911 Cr. Prac. § 68; RL § 6918; NCL § 10716]—(NRS A 1963, 48)
When an act charged as
a public offense is within the jurisdiction of another state, territory
or country, as well as of this state, a conviction or acquittal thereof
in the former is a bar to the prosecution or indictment therefor in this
state.
[1911 Cr. Prac. § 69; RL § 6919; NCL § 10717]
When an offense is within the venue of two or more
counties, a conviction or acquittal thereof in one county is a bar to the
prosecution or indictment therefor in another.
[1911 Cr. Prac. § 70; RL § 6920; NCL § 10718]—(NRS A 1963, 48)
CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATE WATERS
The California-Nevada Compact for
Jurisdiction on Interstate Waters, set forth in full in NRS 171.077
, is hereby enacted into law.
(Added to NRS by 1987, 309)
The California-Nevada Compact for
Jurisdiction on Interstate Waters is as follows:
ARTICLE I—Purpose and Policy
1. The Legislature finds that law enforcement has been impaired in
sections of Lake Tahoe and Topaz Lake forming an interstate boundary
between California and Nevada because of difficulty in determining
precisely where a criminal act was committed.
2. The Legislature intends that a person committing an act which
is illegal in both states not be freed merely because neither state could
establish that a crime was committed within its boundaries.
3. The California-Nevada Compact for Jurisdiction on Interstate
Waters is enacted to provide for enforcement of the laws of this state
with regard to certain acts committed on Lake Tahoe or Topaz Lake, on
either side of the boundary line between California and Nevada.
ARTICLE II—Definitions
As used in this compact, unless the context otherwise requires,
“party state” means a state which has enacted this compact.
ARTICLE III—Concurrent Jurisdiction
1. If conduct is prohibited by the party states, courts and law
enforcement officers in either state who have jurisdiction over criminal
offenses committed in a county where Lake Tahoe or Topaz Lake forms a
common interstate boundary have concurrent jurisdiction to arrest,
prosecute and try offenders for the prohibited conduct committed anywhere
on the body of water forming a boundary between the two states.
2. This compact does not authorize:
(a) Prosecution of any person for conduct which is lawful in the
state where it was committed.
(b) Any conduct prohibited by a party state.
ARTICLE IV—Ratification
This compact is ratified by enactment of the language of this
compact, or substantially similar language expressing the same purpose,
by the State of California and the State of Nevada.
(Added to NRS by 1987, 309)
INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER
The Interstate Compact for Jurisdiction on
the Colorado River, set forth in full in NRS 171.079 , is hereby enacted into law.
(Added to NRS by 1987, 378)
The Interstate Compact for
Jurisdiction on the Colorado River is as follows:
ARTICLE I—Purpose and Policy
1. The Legislature finds that law enforcement has been impaired in
sections of the Colorado River forming an interstate boundary because of
difficulty in determining precisely where a criminal act was committed.
2. The Legislature intends that a person committing an act which
is illegal in both states not be freed merely because neither state could
establish that a crime was committed within its boundaries.
3. The Interstate Compact for Jurisdiction on the Colorado River
is enacted to provide for enforcement of the laws of this State with
regard to certain acts committed on the Colorado River, or any lake
formed by or a part of the Colorado River, on either side of the boundary
line with an adjoining state.
ARTICLE II—Definitions
As used in this Compact, unless the context otherwise requires,
“party state” means a state which has enacted this Compact.
ARTICLE III—Concurrent Jurisdiction
1. If conduct is prohibited by two adjoining party states, courts
and law enforcement officers in either state who have jurisdiction over
criminal offenses committed in a county where the Colorado River, or any
lake formed by or a part of the Colorado River, forms a common interstate
boundary have concurrent jurisdiction to arrest, prosecute and try
offenders for the prohibited conduct committed anywhere on the body of
water forming a boundary between the two states and concurrent
jurisdiction to arrest offenders for the prohibited conduct committed on
any land mass within 5 air miles of the Colorado River or any lake formed
by or a part of the Colorado River.
2. This Compact does not authorize:
(a) Prosecution of any person for conduct which is lawful in the
state where it was committed.
(b) Any conduct prohibited by a party state.
3. If any claim, including a counterclaim or cross-claim, is
brought in a civil action which is filed in a party state and which is:
(a) Brought against a present or former officer or employee of
another party state or an agency or political subdivision of that other
party state; and
(b) Based on any alleged act or omission that is related to his
official duties or employment and conducted under the authority of this
Compact,
Ê the claim is subject to the conditions and limitations on civil
actions, including, without limitation, the provisions regarding
sovereign immunity, established by the party state in which that officer
or employee is or was an officer or employee.
ARTICLE IV—Ratification
This Compact is ratified by enactment of the language of this
Compact, or substantially similar language expressing the same purpose,
by at least two states of which the Colorado River forms a common
boundary.
(Added to NRS by 1987, 378; A 2005, 303 )
TIME OF COMMENCING CRIMINAL ACTIONS
There is no limitation of the time within which a prosecution for:
1. Murder must be commenced. It may be commenced at any time after
the death of the person killed.
2. A violation of NRS 202.445
must be commenced. It may be commenced at any time after the violation is
committed.
[1911 Cr. Prac. § 71; RL § 6921; NCL § 10719]—(NRS A 2003, 2952
)
1. If, at any time during the period of limitation prescribed in
NRS 171.085 and 171.095 , a victim of a sexual assault or a person
authorized to act on behalf of a victim of a sexual assault files with a
law enforcement officer a written report concerning the sexual assault,
the period of limitation prescribed in NRS 171.085 and 171.095
is removed and there is no limitation of the time within which a
prosecution for the sexual assault must be commenced.
2. If a written report is filed with a law enforcement officer
pursuant to subsection 1, the law enforcement officer shall provide a
copy of the written report to the victim or the person authorized to act
on behalf of the victim.
3. If a victim of a sexual assault is under a disability during
any part of the period of limitation prescribed in NRS 171.085 and 171.095
and a written report concerning the sexual assault is not otherwise filed
pursuant to subsection 1, the period during which the victim is under the
disability must be excluded from any calculation of the period of
limitation prescribed in NRS 171.085
and 171.095 .
4. For the purposes of this section, a victim of a sexual assault
is under a disability if the victim is insane, mentally retarded,
mentally incompetent or in a medically comatose or vegetative state.
5. As used in this section, “law enforcement officer” means:
(a) A prosecuting attorney;
(b) A sheriff of a county or his deputy;
(c) An officer of a metropolitan police department or a police
department of an incorporated city; or
(d) Any other person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS 289.150 to 289.360 ,
inclusive.
(Added to NRS by 1997, 890)
1. If, at any time during the period of limitation prescribed in
NRS 171.085 and 171.095 , a victim of kidnapping or attempted murder,
or a person authorized to act on behalf of such a victim, files with a
law enforcement officer a written report concerning the offense, the
period of limitation prescribed in NRS 171.085 and 171.095
is extended for 5 years.
2. If a written report is filed with a law enforcement officer
pursuant to subsection 1, the law enforcement officer shall provide a
copy of the written report to the victim or the person authorized to act
on behalf of the victim.
3. As used in this section, “law enforcement officer” has the
meaning ascribed to it in NRS 171.083 .
(Added to NRS by 2001, 3031 )
Except as otherwise
provided in NRS 171.083 , 171.084 and 171.095 ,
an indictment for:
1. Theft, robbery, burglary, forgery, arson, sexual assault, a
violation of NRS 90.570 or a violation
punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999
must be found, or an information or complaint filed, within 4
years after the commission of the offense.
2. Any felony other than murder, theft, robbery, burglary,
forgery, arson, sexual assault, a violation of NRS 90.570 or a violation punishable pursuant to
paragraph (c) of subsection 3 of NRS 598.0999 must be found, or an information or complaint filed, within 3
years after the commission of the offense.
[1911 Cr. Prac. § 72; RL § 6922; NCL § 10720]—(NRS A 1963, 371;
1977, 1630; 1985, 2167; 1997, 890; 2001, 3031 ; 2003, 20th Special Session, 273 ; 2005, 1426 )
Except
as otherwise provided in NRS 171.095 ,
202.885 and 624.800 , an indictment for:
1. A gross misdemeanor must be found, or an information or
complaint filed, within 2 years after the commission of the offense.
2. Any other misdemeanor must be found, or an information or
complaint filed, within 1 year after the commission of the offense.
[1911 Cr. Prac. § 73; RL § 6923; NCL § 10721]—(NRS A 1981, 771;
1985, 2167; 1999, 3525 ; 2005, 1209 )
1. Except as otherwise provided in subsection 2 and NRS 171.083
and 171.084 :
(a) If a felony, gross misdemeanor or misdemeanor is committed in a
secret manner, an indictment for the offense must be found, or an
information or complaint filed, within the periods of limitation
prescribed in NRS 171.085 , 171.090
and 624.800 after the discovery of the offense, unless a longer period is
allowed by paragraph (b) or the provisions of NRS 202.885 .
(b) An indictment must be found, or an information or complaint
filed, for any offense constituting sexual abuse of a child, as defined
in NRS 432B.100 , before the victim of the sexual abuse is:
(1) Twenty-one years old if he discovers or reasonably
should have discovered that he was a victim of the sexual abuse by the
date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and
reasonably should not have discovered that he was a victim of the sexual
abuse by the date on which he reaches 21 years of age.
2. If any indictment found, or an information or complaint filed,
within the time prescribed in subsection 1 is defective so that no
judgment can be given thereon, another prosecution may be instituted for
the same offense within 6 months after the first is abandoned.
[1911 Cr. Prac. § 74; RL § 6924; NCL § 10722]—(NRS A 1981, 771;
1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525 ; 2001, 3031 ; 2005, 1209 )
An
indictment is found, within the meaning of this chapter, when it is
presented by the grand jury in open court, and there received and filed.
[1911 Cr. Prac. § 75; RL § 6925; NCL § 10723]
WARRANT OR SUMMONS UPON COMPLAINT
The
complaint is a written statement of the essential facts constituting the
public offense charged. It must be made upon:
1. Oath before a magistrate or a notary public; or
2. Declaration which is made subject to the penalty for perjury.
(Added to NRS by 1967, 1400; A 1969, 387; 1983, 446)
1. A court clerk may accept a complaint filed pursuant to this
chapter that is filed electronically. A complaint that is filed
electronically must contain an image of the signature of the prosecuting
attorney.
2. If a court clerk accepts a complaint that is filed
electronically pursuant to subsection 1, the court clerk shall
acknowledge receipt of the complaint by an electronic time stamp and
shall electronically return the complaint with the electronic time stamp
to the prosecuting attorney. A complaint that is filed and time-stamped
electronically pursuant to this section may be converted into a printed
document and served upon a defendant in the same manner as a complaint
that is not filed electronically.
(Added to NRS by 1997, 892)
An arrest is the taking
of a person into custody, in a case and in the manner authorized by law.
An arrest may be made by a peace officer or by a private person.
(Added to NRS by 1967, 1400)
If it appears from the complaint or a citation issued pursuant
to NRS 484.795 , 488.920 or 501.386 , or from an affidavit or affidavits filed with the complaint
or citation that there is probable cause to believe that an offense,
triable within the county, has been committed and that the defendant has
committed it, a warrant for the arrest of the defendant shall be issued
by the magistrate to any peace officer. Upon the request of the district
attorney a summons instead of a warrant shall issue. More than one
warrant or summons may issue on the same complaint or citation. If a
defendant fails to appear in response to the summons, a warrant shall
issue.
(Added to NRS by 1967, 1400; A 1971, 830)
The warrant of arrest
is an order in writing in the name of the State of Nevada which shall:
1. Be signed by the magistrate with his name of office;
2. Contain the name of the defendant or, if his name is unknown,
any name or description by which he can be identified with reasonable
certainty;
3. State the date of its issuance, and the county, city or town
where it was issued;
4. Describe the offense charged in the complaint; and
5. Command that the defendant be arrested and brought before the
nearest available magistrate.
(Added to NRS by 1967, 1400)
The summons shall be in the same
form as the warrant except that it shall summon the defendant to appear
before a magistrate at a stated time and place. Upon a complaint against
a corporation, the magistrate must issue a summons, signed by him, with
his name of office, requiring the corporation to appear before him at a
specified time and place to answer the charge, the time to be not less
than 10 days after the issuing of the summons.
(Added to NRS by 1967, 1400)
The warrant shall be directed to and executed by a peace officer. The
summons may be served by any person authorized to serve a summons in a
civil action.
(Added to NRS by 1967, 1401)
A magistrate may depute in writing any suitable and discreet person to
act as constable when no constable is at hand and the nature of the
business requires immediate action.
(Added to NRS by 1967, 1401)
The warrant may be executed or the summons may be
served at any place within the jurisdiction of the State of Nevada.
(Added to NRS by 1967, 1401)
1. Except as otherwise provided in subsection 2, the warrant must
be executed by the arrest of the defendant. The officer need not have the
warrant in his possession at the time of the arrest, but upon request he
must show the warrant to the defendant as soon as possible. If the
officer does not have a warrant in his possession at the time of the
arrest, he shall then inform the defendant of his intention to arrest
him, of the offense charged, the authority to make it and of the fact
that a warrant has or has not been issued. The defendant must not be
subjected to any more restraint than is necessary for his arrest and
detention. If the defendant either flees or forcibly resists, the officer
may, except as otherwise provided in NRS 171.1455 , use all necessary means to effect the arrest.
2. In lieu of executing the warrant by arresting the defendant, a
peace officer may issue him a citation as provided in NRS 171.1773 if:
(a) The warrant is issued upon an offense punishable as a
misdemeanor;
(b) The officer has no indication that the defendant has previously
failed to appear on the charge reflected in the warrant;
(c) The defendant provides satisfactory evidence of his identity to
the peace officer;
(d) The defendant signs a written promise to appear in court for
the misdemeanor offense; and
(e) The officer has reasonable grounds to believe that the
defendant will keep a written promise to appear in court.
3. The summons must be served upon a defendant by delivering a
copy to him personally, or by leaving it at his dwelling house or usual
place of abode with some person then residing in the house or abode who
is at least 16 years of age and is of suitable discretion, or by mailing
it to the defendant’s last known address. In the case of a corporation,
the summons must be served at least 5 days before the day of appearance
fixed in the summons, by delivering a copy to an officer or to a managing
or general agent or to any other agent authorized by appointment or by
law to receive service of process and, if the agent is one authorized by
statute to receive service and the statute so requires, by also mailing a
copy to the corporation’s last known address within the State of Nevada
or at its principal place of business elsewhere in the United States.
(Added to NRS by 1967, 1401; A 1985, 618; 1993, 143, 931, 932)
INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION OF SUSPECTS
1. Except as otherwise provided in subsection 3, in a county whose
population is 100,000 or more, a peace officer with limited jurisdiction
who witnesses a category A felony being committed or attempted in his
presence, or has reasonable cause for believing a person has committed or
attempted to commit a category A felony in an area that is within his
jurisdiction, shall immediately notify the primary law enforcement agency
in the city or county, as appropriate, where the offense or attempted
offense was committed.
2. Upon arrival of an officer from the primary law enforcement
agency notified pursuant to subsection 1, a peace officer with limited
jurisdiction shall immediately transfer the investigation of the offense
or attempted offense to the primary law enforcement agency.
3. The provisions of subsection 1 do not:
(a) Apply to an offense or attempted offense that is a misdemeanor,
gross misdemeanor or felony other than a category A felony;
(b) Apply to an officer of the Nevada Highway Patrol, a member of
the police department of the Nevada System of Higher Education, an agent
of the Investigation Division of the Department of Public Safety or a
ranger of the Division of State Parks of the State Department of
Conservation and Natural Resources;
(c) Apply to a peace officer with limited jurisdiction if an
interlocal agreement between his employer and the primary law enforcement
agency in the city or county in which a category A felony was committed
or attempted authorizes the peace officer with limited jurisdiction to
respond to and investigate the felony without immediately notifying the
primary law enforcement agency; or
(d) Prohibit a peace officer with limited jurisdiction from:
(1) Contacting a primary law enforcement agency for
assistance with an offense that is a misdemeanor, gross misdemeanor or
felony that is not a category A felony; or
(2) Responding to a category A felony until the appropriate
primary law enforcement agency arrives at the location where the felony
was allegedly committed or attempted, including, without limitation,
taking any appropriate action to provide assistance to a victim of the
felony, to apprehend the person suspected of committing or attempting to
commit the felony, to secure the location where the felony was allegedly
committed or attempted and to protect the life and safety of the peace
officer and any other person present at that location.
4. As used in this section:
(a) “Peace officer with limited jurisdiction” means:
(1) A school police officer who is appointed or employed
pursuant to subsection 8 of NRS 391.100 ;
(2) An airport guard or police officer who is appointed
pursuant to NRS 496.130 ;
(3) A person employed to provide police services for an
airport authority created by a special act of the Legislature; and
(4) A marshal or park ranger who is part of a unit of
specialized law enforcement established pursuant to NRS 280.125 .
(b) “Primary law enforcement agency” means:
(1) A police department of an incorporated city;
(2) The sheriff’s office of a county; or
(3) If the county is within the jurisdiction of a
metropolitan police department, the metropolitan police department.
(Added to NRS by 2001, 1868 ; 2003, 102 )
1. When investigating an act of domestic violence, a peace officer
shall:
(a) Make a good faith effort to explain the provisions of NRS
171.137 pertaining to domestic violence
and advise victims of all reasonable means to prevent further abuse,
including advising each person of the availability of a shelter or other
services in the community.
(b) Provide a person suspected of being the victim of an act of
domestic violence with a written copy of the following statements:
(1) My name is officer ......................... (naming the
investigating officer). Nevada law requires me to inform you of the
following information.
(2) If I have probable cause to believe that a battery has
been committed against you, your minor child or the minor child of the
person believed to have committed the battery in the last 24 hours by
your spouse, your former spouse, any other person to whom you are related
by blood or marriage, a person with whom you are or were actually
residing, a person with whom you have had or are having a dating
relationship or a person with whom you have a child in common, I am
required, unless mitigating circumstances exist, to arrest the person
suspected of committing the act.
(3) If I am unable to arrest the person suspected of
committing the battery, you have the right to request that the prosecutor
file a criminal complaint against the person. I can provide you with
information on this procedure. If convicted, the person who committed the
battery may be placed on probation, ordered to see a counselor, put in
jail or fined.
(4) The law provides that you may seek a court order for the
protection of you or your minor children against further threats or acts
of domestic violence. You do not need to hire a lawyer to obtain such an
order for protection.
(5) An order for protection may require the person who
committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or
your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your
children;
(V) Stay away from any place you or your children
regularly go; and
(VI) Avoid or limit all communication with you or your
children.
(6) A court may make future orders for protection which
award you custody of your children and require the person who committed
or threatened the act of domestic violence against you to pay:
(I) The rent or mortgage due on the place in which you
live;
(II) The amount of money necessary for the support of
your children; and
(III) Part or all of the costs incurred by you in
obtaining the order for protection.
(7) To get an order for protection, go to room number
....... (state the room number of the office at the court) at the court,
which is located at ......................... (state the address of the
court). Ask the clerk of the court to provide you with the forms for an
order of protection.
(8) If the person who committed or threatened the act of
domestic violence against you violates the terms of an order for
protection, he may be arrested and, if the arresting officer determines
that such a violation is accompanied by a direct or indirect threat of
harm, he will not be admitted to bail sooner than 12 hours after his
arrest.
(9) You may obtain emergency assistance or shelter by
contacting your local program against domestic violence at
......................... (state name, address and telephone number of
local program) or you may call, without charge to you, the Statewide
Program Against Domestic Violence at ........................ (state
toll-free telephone number of Statewide Program).
2. As used in this section, “act of domestic violence” means any
of the following acts committed by a person against his spouse, former
spouse, any other person to whom he is related by blood or marriage, a
person with whom he is or was actually residing, a person with whom he
has had or is having a dating relationship, a person with whom he has a
child in common, the minor child of any of those persons or his minor
child:
(a) A battery.
(b) An assault.
(c) Compelling the other by force or threat of force to perform an
act from which he has the right to refrain or to refrain from an act
which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to
harass the other. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(f) False imprisonment.
(g) Unlawful entry of the other’s residence, or forcible entry
against the other’s will if there is a reasonably foreseeable risk of
harm to the other from the entry.
3. The failure of a peace officer to carry out the requirements
set forth in subsection 1 is not a defense in a criminal prosecution for
the commission of an act of domestic violence, nor may such an omission
be considered as negligence or as causation in any civil action against
the peace officer or his employer.
4. As used in this section, “dating relationship” means frequent,
intimate associations primarily characterized by the expectation of
affectional or sexual involvement. The term does not include a casual
relationship or an ordinary association between persons in a business or
social context.
(Added to NRS by 1989, 64; A 1993, 2771; 1995, 899; 1997, 1800;
2001, 1221 )
1. If a peace officer investigates an act that constitutes
domestic violence pursuant to NRS 33.018 , he shall prepare and submit a written report
of his investigation to his supervisor or to another person designated by
his supervisor, regardless of whether the peace officer makes an arrest.
2. If the peace officer investigates a mutual battery that
constitutes domestic violence pursuant to NRS 33.018 and finds that one of the persons involved was
the primary physical aggressor, he shall include in his report:
(a) The name of the person who was the primary physical aggressor;
and
(b) A description of the evidence which supports his finding.
3. If the peace officer does not make an arrest, he shall include
in his report the reason he did not do so.
4. A copy of the report must be forwarded immediately to the
Central Repository for Nevada Records of Criminal History.
(Added to NRS by 1997, 1533)
If a peace officer:
1. Detains a person for violating a county, city or town ordinance
or state law that:
(a) Is punishable as a misdemeanor; and
(b) Constitutes domestic violence pursuant to NRS 33.018 ; and
2. Issues the person a citation in lieu of taking him before a
magistrate,
Ê the peace officer shall obtain not less than one fingerprint of the
person and shall forward any fingerprint taken and the report that he is
required to prepare pursuant to NRS 171.1227 to the Central Repository for Nevada Records
of Criminal History.
(Added to NRS by 1997, 1533)
1. Any peace officer may detain any person whom the officer
encounters under circumstances which reasonably indicate that the person
has committed, is committing or is about to commit a crime.
2. Any peace officer may detain any person the officer encounters
under circumstances which reasonably indicate that the person has
violated or is violating the conditions of his parole or probation.
3. The officer may detain the person pursuant to this section only
to ascertain his identity and the suspicious circumstances surrounding
his presence abroad. Any person so detained shall identify himself, but
may not be compelled to answer any other inquiry of any peace officer.
4. A person must not be detained longer than is reasonably
necessary to effect the purposes of this section, and in no event longer
than 60 minutes. The detention must not extend beyond the place or the
immediate vicinity of the place where the detention was first effected,
unless the person is arrested.
(Added to NRS by 1969, 535; A 1973, 597; 1975, 1200; 1987, 1172;
1995, 2068)
At any time after
the onset of the detention pursuant to NRS 171.123 , the person so detained shall be arrested if
probable cause for an arrest appears. If, after inquiry into the
circumstances which prompted the detention, no probable cause for arrest
appears, such person shall be released.
(Added to NRS by 1969, 535)
1. If any peace officer reasonably believes that any person whom
he has detained or is about to detain pursuant to NRS 171.123 is armed with a dangerous weapon and is a
threat to the safety of the peace officer or another, the peace officer
may search such person to the extent reasonably necessary to ascertain
the presence of such weapon. If the search discloses a weapon or any
evidence of a crime, such weapon or evidence may be seized.
2. Nothing seized by a peace officer in any such search is
admissible in any proceeding unless the search which disclosed the
existence of such evidence is authorized by and conducted in compliance
with this section.
(Added to NRS by 1969, 535)
1. As used in this section:
(a) “Establishment” means any premises whereon any gaming is done
or any premises owned or controlled by a licensee for the purpose of
parking motor vehicles owned or operated by patrons of such licensee.
(b) “Licensee” has the meaning ascribed to it in NRS 463.0171
.
2. Any licensee or his officers, employees or agents may take into
custody and detain any person when such licensee or his officers,
employees or agents have reasonable cause to believe the person detained
has committed a felony, whether or not in the presence of such licensee
or his officers, employees or agents.
3. Detention pursuant to this section shall be in the
establishment, in a reasonable manner, for a reasonable length of time
and solely for the purpose of notifying a peace officer. Such taking into
custody and detention shall not render the licensee or his officers,
employees or agents criminally or civilly liable for false arrest, false
imprisonment, slander or unlawful detention unless such taking into
custody and detention are unreasonable under all the circumstances.
4. No licensee or his officers, employees or agents are entitled
to the immunity from liability provided for in this section unless there
is displayed in a conspicuous place in his establishment a notice in
boldface type clearly legible and in substantially this form:
Any gaming licensee or his officers, employees or agents who have
reasonable cause to believe that any person has committed a felony may
detain such person in the establishment for the purpose of notifying a
peace officer.
(Added to NRS by 1973, 1700; A 2003, 20th Special Session, 15
)
ARREST: BY WHOM AND HOW MADE
1. Except as otherwise provided in subsection 3 and NRS 33.070
and 33.320 , a peace officer or an officer of the Drug
Enforcement Administration designated by the Attorney General of the
United States for that purpose may make an arrest in obedience to a
warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross
misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed,
and he has reasonable cause for believing the person arrested to have
committed it.
(d) On a charge made, upon a reasonable cause, of the commission of
a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in this State for the
arrest of a named or described person for a public offense, and he has
reasonable cause to believe that the person arrested is the person so
named or described.
2. He may also, at night, without a warrant, arrest any person
whom he has reasonable cause for believing to have committed a felony or
gross misdemeanor, and is justified in making the arrest, though it
afterward appears that a felony or gross misdemeanor has not been
committed.
3. An officer of the Drug Enforcement Administration may only make
an arrest pursuant to subsections 1 and 2 for a violation of chapter 453
of NRS.
(Added to NRS by 1967, 1401; A 1975, 755; 1979, 834; 1983, 1651;
1985, 1171, 2022, 2170; 2001, 2850 ; 2003, 888 )
An agent of the Federal Bureau of Investigation or
Secret Service may, without a warrant, arrest a person:
1. For a public offense committed or attempted in his presence.
2. When a person arrested has committed a felony or gross
misdemeanor, although not in his presence.
3. When a felony or gross misdemeanor has in fact been committed,
and he has reasonable cause for believing the person arrested to have
committed it.
4. On a charge made, upon a reasonable cause, of the commission of
a felony or gross misdemeanor by the person arrested.
5. When a warrant has in fact been issued in this State for the
arrest of a named or described person for a public offense, and he has
reasonable cause to believe that the person arrested is the person so
named or described.
(Added to NRS by 1985, 451)
1. Except as otherwise provided in subsection 2, an officer or
agent of the Bureau of Indian Affairs or a person employed as a police
officer by an Indian tribe may make an arrest in obedience to a warrant
delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross
misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed,
and he has reasonable cause for believing the person arrested to have
committed it.
(d) On a charge made, upon a reasonable cause, of the commission of
a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in this State for the
arrest of a named or described person for a public offense, and he has
reasonable cause to believe that the person arrested is the person so
named or described.
(f) When the peace officer has probable cause to believe that the
person to be arrested has committed a battery upon that person’s spouse
and the peace officer finds evidence of bodily harm to the spouse.
2. Such an officer or agent may make an arrest pursuant to
subsection 1 only:
(a) Within the boundaries of an Indian reservation or Indian colony
for an offense committed on that reservation or colony; or
(b) Outside the boundaries of an Indian reservation or Indian
colony if he is in fresh pursuit of a person who is reasonably believed
by him to have committed a felony within the boundaries of the
reservation or colony or has committed, or attempted to commit, any
criminal offense within those boundaries in the presence of the officer
or agent.
Ê For the purposes of this subsection, “fresh pursuit” has the meaning
ascribed to it in NRS 171.156 .
(Added to NRS by 1985, 452)
A private person may arrest
another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.
(Added to NRS by 1967, 1402)
A magistrate may orally
order a peace officer or private person to arrest anyone committing or
attempting to commit a public offense in the presence of the magistrate,
and may thereupon proceed as if the offender had been brought before him
on a warrant of arrest.
(Added to NRS by 1967, 1402)
Any
person making an arrest may orally summon as many persons as he deems
necessary to aid him therein.
(Added to NRS by 1967, 1402)
If a person arrested escapes or
is rescued, the person from whose custody he escaped or was rescued may
immediately pursue and retake him at any time and in any place within the
State.
(Added to NRS by 1967, 1402)
1. If the offense charged is a felony or gross misdemeanor, the
arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made between the
hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed upon the warrant;
(b) When the offense is committed in the presence of the arresting
officer;
(c) When the person is found and the arrest is made in a public
place or a place that is open to the public and:
(1) There is a warrant of arrest against the person; and
(2) The misdemeanor is discovered because there was probable
cause for the arresting officer to stop, detain or arrest the person for
another alleged violation or offense;
(d) When the offense is committed in the presence of a private
person and he makes an arrest immediately after the offense is committed;
(e) When the offense charged is battery that constitutes domestic
violence pursuant to NRS 33.018 and the
arrest is made in the manner provided in NRS 171.137 ;
(f) When the offense charged is a violation of a temporary or
extended order for protection against domestic violence issued pursuant
to NRS 33.017 to 33.100 , inclusive;
(g) When the person is already in custody as a result of another
lawful arrest; or
(h) When the person voluntarily surrenders himself in response to
an outstanding warrant of arrest.
(Added to NRS by 1967, 1402; A 1977, 874; 1985, 6, 2023; 1991, 331;
1993, 119; 2001, 1431 )
1. Except as otherwise provided in subsection 2, whether or not a
warrant has been issued, a peace officer shall, unless mitigating
circumstances exist, arrest a person when he has probable cause to
believe that the person to be arrested has, within the preceding 24
hours, committed a battery upon his spouse, former spouse, any other
person to whom he is related by blood or marriage, a person with whom he
is or was actually residing, a person with whom he has had or is having a
dating relationship, a person with whom he has a child in common, the
minor child of any of those persons or his minor child.
2. If the peace officer has probable cause to believe that a
battery described in subsection 1 was a mutual battery, he shall attempt
to determine which person was the primary physical aggressor. If the
peace officer determines that one of the persons who allegedly committed
a battery was the primary physical aggressor involved in the incident,
the peace officer is not required to arrest any other person believed to
have committed a battery during the incident. In determining whether a
person is a primary physical aggressor for the purposes of this
subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the
persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in
self-defense; and
(e) Any other factor that may help the peace officer decide which
person was the primary physical aggressor.
3. A peace officer shall not base his decision regarding whether
to arrest a person pursuant to this section on his perception of the
willingness of a victim or a witness to the incident to testify or
otherwise participate in related judicial proceedings.
4. As used in this section, “dating relationship” means frequent,
intimate associations primarily characterized by the expectation of
affectional or sexual involvement. The term does not include a casual
relationship or an ordinary association between persons in a business or
social context.
(Added to NRS by 1985, 2170; A 1989, 23; 1995, 901; 1997, 1533,
1802; 1999, 486 )
To make
an arrest, a private person, if the offense is a felony, and in all cases
a peace officer, may break open a door or window of the house, structure
or other place of concealment in which the person to be arrested is, or
in which there is reasonable grounds for believing him to be, after
having demanded admittance and explained the purpose for which admittance
is desired.
(Added to NRS by 1967, 1402; A 1983, 244)
Any person who has entered a house, structure or other
place of concealment to make an arrest may break open a door or window if
that is necessary for him to liberate himself. An officer may do the same
to liberate a person who, acting in his aid, entered to make an arrest
and is detained inside.
(Added to NRS by 1967, 1402; A 1983, 244)
To retake a person arrested who has escaped or been rescued,
the person pursuing may break open an outer or inner door or window of a
dwelling house, structure or other place of concealment, if, after notice
of his intention, he is refused admittance.
(Added to NRS by 1967, 1402)
If necessary to prevent escape, an officer may, after giving a warning,
if feasible, use deadly force to effect the arrest of a person only if
there is probable cause to believe that the person:
1. Has committed a felony which involves the infliction or threat
of serious bodily harm or the use of deadly force; or
2. Poses a threat of serious bodily harm to the officer or to
others.
(Added to NRS by 1993, 931)
Any person
making an arrest may take from the person arrested all dangerous and
offensive weapons which he may have about his person.
(Added to NRS by 1967, 1402)
1. Every peace officer shall, when arresting any person who
appears to be intoxicated or not in control of his physical functions,
investigate in a reasonable manner to determine whether or not that
person is wearing a bracelet, necklace, other visible device or other
identification identifying a medical condition which might account for
the actions of the person.
2. Any arresting officer who discovers identification of a medical
condition during an investigation conducted pursuant to subsection 1
shall take reasonable steps to aid the afflicted person in receiving
medication or other treatment for his medical condition.
(Added to NRS by 1981, 781)
1. A warrant of arrest may be transmitted by telegram. A copy of a
warrant transmitted by telegram may be sent to one or more peace
officers, and the copy is as effectual in the hands of any officer, and
he must proceed in the same manner under it, as though he held an
original warrant issued by the magistrate before whom the original
complaint in the case was laid.
2. Every officer causing a warrant to be transmitted by telegram
pursuant to subsection 1 must certify as correct a copy of the warrant
and endorsement thereon, and must return the original with a statement of
his action thereunder.
3. As used in this section, “telegram” includes every method of
electric or electronic communication by which a written as distinct from
an oral message is transmitted.
(Added to NRS by 1967, 1402; A 1973, 598; 2003, 984 )
1. The peace officer executing a warrant by arrest shall make
return thereof to the magistrate before whom the defendant is brought
pursuant to NRS 171.178 and 171.184
. At the request of the district
attorney any unexecuted warrant must be returned to the magistrate by
whom it was issued and must be cancelled by him.
2. The peace officer executing a warrant by issuance of a citation
pursuant to subsection 2 of NRS 171.122
shall:
(a) Record on the warrant the number assigned to the citation
issued thereon;
(b) Attach the warrant to the citation issued thereon; and
(c) Return the warrant and citation to the magistrate before whom
the defendant is scheduled to appear.
3. On or before the return day the person to whom a summons was
delivered for service shall make return thereof to the magistrate before
whom the summons is returnable.
4. At the request of the district attorney made at any time while
the complaint is pending, a warrant returned unexecuted and not cancelled
or a summons returned unserved or a duplicate thereof may be delivered by
the magistrate to a peace officer for execution or service.
(Added to NRS by 1967, 1403; A 1993, 144)
1. Any person arrested has the right to make a reasonable number
of completed telephone calls from the police station or other place at
which he is booked immediately after he is booked and, except where
physically impossible, no later than 3 hours after his arrest. Such
telephone calls may be limited to local calls, except that long distance
calls may be made by the arrested person at his own expense.
2. A reasonable number of calls must include one completed call to
a friend or bail agent and one completed call to an attorney.
(Added to NRS by 1973, 724; A 1997, 3393)
Upon the arrest of a person with a disability as defined
in NRS 50.050 , and before his
interrogation or the taking of his statement, the peace officer in actual
charge of the station, headquarters or other facility to which the person
with a disability has been brought shall make an interpreter who is
qualified to engage in the practice of interpreting in this State
pursuant to subsection 2 of NRS 656A.100 available at public expense to that person, subject to the
provisions of NRS 50.052 and 50.053
.
(Added to NRS by 1975, 309; A 1979, 657; 2001, 1776 )
When a person with a disability is
detained in custody, the detaining authority shall make available to him
reasonable means of communication, at least pencil and paper, and at
least two envelopes and first-class postage stamps. If the person with a
disability so requests, the proper officer of the detaining authority
shall make on his behalf the same number and kind of telephone calls
which a person arrested is authorized by law or custom to make for
himself, and shall mail any letters written by that person.
(Added to NRS by 1975, 309; A 2001, 1776 )
1. The rights to interpretation and communication provided in NRS
171.1536 and 171.1537 may not be waived except knowingly and
voluntarily by the person with a disability by a written statement
indicating his desire not to be so assisted. At any time after arrest but
before the termination of any custody, the person may retract his waiver
by indicating his desire to be so assisted.
2. Unless there is a waiver under this section, there must be no
interrogation or taking of the statement of a person with a disability
without the assistance of an interpreter who is qualified to engage in
the practice of interpreting in this State pursuant to subsection 2 of
NRS 656A.100 .
(Added to NRS by 1975, 309; A 2001, 1776 )
INTERSTATE FRESH PURSUIT (UNIFORM ACT)
NRS 171.154 to 171.164 ,
inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit.
(Added to NRS by 1967, 1403)
As used in NRS 171.154 to 171.164 ,
inclusive, unless the context or subject matter otherwise requires:
1. “Fresh pursuit” includes fresh pursuit as defined by the common
law and also the pursuit of a person who has committed a felony or who is
reasonably suspected of having committed a felony. It shall also include
the pursuit of a person suspected of having committed a supposed felony,
though no felony has actually been committed, if there is reasonable
ground for believing that a felony has been committed. Fresh pursuit as
used in NRS 171.154 to 171.164 , inclusive, shall not necessarily imply
instant pursuit, but pursuit without unreasonable delay.
2. “State” includes the District of Columbia for the purpose of
NRS 171.154 to 171.164 , inclusive.
(Added to NRS by 1967, 1403)
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. 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.
(Added to NRS by 1967, 1403)
On March 4, 1955, the
Secretary of State shall certify a copy of NRS 171.154 to 171.164 ,
inclusive, to the executive department of each of the states of the
United States.
(Added to NRS by 1967, 1404)
If any part of NRS 171.154 to 171.164 ,
inclusive, is for any reason declared void, it is declared to be the
intent of NRS 171.154 to 171.164 , inclusive, that such invalidity shall not
affect the validity of the remaining portions of those sections.
(Added to NRS by 1967, 1404)
INTRASTATE FRESH PURSUIT (UNIFORM ACT)
NRS 171.166 to 171.176 ,
inclusive, may be cited as the Uniform Act on Intrastate Fresh Pursuit.
(Added to NRS by 1967, 1404)
“Fresh pursuit” as used in NRS 171.166
to 171.176 , inclusive, shall include fresh pursuit as
defined by the common law and also the pursuit of a person who has
committed a felony or is reasonably suspected of having committed a
felony in this state, or who has committed or attempted to commit any
criminal offense in this state in the presence of the arresting officer
referred to in NRS 171.172 or for whom
such officer holds a warrant of arrest for a criminal offense. It shall
also include the pursuit of a person suspected of having committed a
supposed felony in this state, though no felony has actually been
committed, if there is reasonable ground for so believing. Fresh pursuit
as used in NRS 171.166 to 171.176
, inclusive, shall not necessarily imply
instant pursuit, but pursuit without unreasonable delay.
(Added to NRS by 1967, 1404)
Any peace officer of this
state in fresh pursuit of a person who is reasonably believed by him to
have committed a felony in this state or has committed, or attempted to
commit, any criminal offense in this state in the presence of such
officer, or for whom such officer holds a warrant of arrest, may hold in
custody such person anywhere in this state.
(Added to NRS by 1967, 1404)
If such an arrest is made in
obedience to a warrant, the disposition of the prisoner shall be as in
other cases of arrest under a warrant. If the arrest is without a
warrant, the prisoner shall without unnecessary delay be taken 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 before the court having
jurisdiction of such criminal offense.
(Added to NRS by 1967, 1404)
NRS 171.172 shall not make unlawful an arrest which would
otherwise be lawful.
(Added to NRS by 1967, 1404)
CITATION FOR MISDEMEANOR
Except 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 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 .
(Added to NRS by 1973, 156; A 1975, 1200; 1993, 144)
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 and he is not required to be taken before a
magistrate, the person shall, in the discretion of the peace officer,
either be given a misdemeanor citation, or be taken without unnecessary
delay before the proper magistrate. He shall 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.
(Added to NRS by 1973, 156)
Whenever any person is arrested by a private person, as provided in NRS
171.126 , for any violation of a county,
city or town ordinance or state law which is punishable as a misdemeanor,
such person arrested may be issued a misdemeanor citation by a peace
officer in lieu of being immediately taken before a magistrate by the
peace officer if:
1. The person arrested furnishes satisfactory evidence of
identity; and
2. The peace officer has reasonable grounds to believe that the
person arrested will keep a written promise to appear in court.
(Added to NRS by 1973, 1157; A 1975, 1201; 2001, 2023 )
1. Whenever a 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 taken before a magistrate as
required or permitted by NRS 171.177 ,
171.1771 or 171.1772 , the peace officer may prepare a misdemeanor
citation manually or electronically in the form of a complaint issuing in
the name of “The State of Nevada” or in the name of the respective
county, city or town, containing a notice to appear in court, the name
and address of the person, the state registration number of his vehicle,
if any, the offense charged, including a brief description of the offense
and the NRS or ordinance citation, the time when and place where the
person is required to appear in court, and such other pertinent
information as may be necessary. The citation must be signed by the peace
officer. If the citation is prepared electronically, the officer shall
sign the copy of the citation that is delivered to the person charged
with the violation.
2. The time specified in the notice to appear must be at least 5
days after the alleged violation unless the person charged with the
violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate,
as designated in NRS 171.178 and
171.184 .
4. The person charged with the violation may give his written
promise to appear in court by signing at least one copy of the
misdemeanor citation prepared by the peace officer, in which event the
peace officer shall deliver a copy of the citation to the person, and
thereupon the peace officer shall not take the person into physical
custody for the violation. If the citation is prepared electronically,
the officer shall deliver the signed copy of the citation to the person
and shall indicate on the electronic record of the citation whether the
person charged gave his written promise to appear. A copy of the citation
that is signed by the person charged or the electronic record of the
citation which indicates that the person charged gave his written promise
to appear suffices as proof of service.
(Added to NRS by 1973, 156; A 1991, 16; 1999, 1141 )
1. In those instances described in NRS 171.1772 , the peace officer summoned after the arrest
shall prepare a misdemeanor citation manually or electronically in the
form of a complaint issuing in the name of “The State of Nevada” or in
the name of the respective county, city or town, and containing:
(a) A notice to appear in court;
(b) The name and address of the person;
(c) The state registration number of his vehicle, if any;
(d) The offense charged, including a brief description of the
offense and the NRS or ordinance citation;
(e) The time when and place where the person is required to appear
in court;
(f) Such other pertinent information as may be necessary; and
(g) The signatures of the private person making the arrest and the
peace officer preparing the citation.
2. The time specified in the notice to appear must be at least 5
days after the alleged violation unless the person charged with the
violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate,
as designated in NRS 171.178 and
171.184 .
4. The person charged with the violation may give his written
promise to appear in court by signing at least one copy of the
misdemeanor citation prepared by the peace officer, in which event the
peace officer shall deliver a copy of the citation to the person, and
thereupon the peace officer shall not take the person into physical
custody for the violation. If the citation is prepared electronically,
the officer shall deliver the signed copy of the citation to the person
and shall indicate on the electronic record of the citation whether the
person charged gave his written promise to appear. A copy of the citation
that is signed by the person charged or the electronic record of the
citation which indicates that the person charged gave his written promise
to appear suffices as proof of service.
(Added to NRS by 1973, 1157; A 1991, 16; 1999, 1142 )
1. Every county, city or town law enforcement agency in this state
shall provide in appropriate form misdemeanor citations containing
notices to appear which must meet the requirements of NRS 171.177 to 171.1779 , inclusive, and be:
(a) Issued in books; or
(b) Available through an electronic device used to prepare the
citations.
2. The chief administrative officer of each law enforcement agency
is responsible for the issuance of such books and electronic devices and
shall maintain a record of each book, each electronic device and each
citation contained therein issued to individual members of the law
enforcement agency. The chief administrative officer shall require and
retain a receipt for every book and electronic device that is issued.
(Added to NRS by 1973, 157, 1158; A 1991, 17; 1999, 1143 )
1. Any board of county commissioners or governing body of a city
may designate the chief officer of the organized fire department or any
employees designated by him, and certain of its inspectors of solid waste
management, building, housing and licensing inspectors, zoning
enforcement officers, parking enforcement officers, animal control
officers, traffic engineers, marshals and park rangers of units of
specialized law enforcement established pursuant to NRS 280.125 , and other persons charged with the
enforcement of county or city ordinances, to prepare, sign and serve
written citations on persons accused of violating a county or city
ordinance.
2. The State Health Officer and the health officer of each county,
district and city may designate certain of his employees to prepare, sign
and serve written citations on persons accused of violating any law,
ordinance or regulation of a board of health that relates to public
health.
3. The Chief of the Manufactured Housing Division of the
Department of Business and Industry may designate certain of his
employees to prepare, sign and serve written citations on persons accused
of violating any law or regulation of the Division relating to the
provisions of chapters 118B , 461 , 461A and 489 of NRS.
4. The State Contractors’ Board may designate certain of its
employees to prepare, sign and serve written citations on persons
pursuant to subsection 2 of NRS 624.115 .
5. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations
only within the field of enforcement in which he works;
(b) May, if he is employed by a city or county, prepare, sign and
serve a citation only to enforce an ordinance of the city or county by
which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773 .
(Added to NRS by 1979, 871; A 1981, 564, 858; 1987, 377; 1989, 279;
1993, 81, 1330, 1511, 2515; 1995, 583; 1999, 2966 ; 2005, 1382 )
1. Every peace officer upon issuing a misdemeanor citation,
pursuant to NRS 171.177 to 171.1779
, inclusive, to an alleged violator of
any provision of a county, city or town ordinance or of a state law which
is punishable as a misdemeanor shall file manually or, if the provisions
of subsection 2 are satisfied, file electronically the original or a copy
of such misdemeanor citation with a court having jurisdiction over the
alleged offense.
2. A copy of a misdemeanor citation that is prepared
electronically may be filed electronically with a court having
jurisdiction over the alleged offense if the court:
(a) Authorizes such electronic filing;
(b) Has the ability to receive and store the citation
electronically; and
(c) Has the ability to physically reproduce the citation upon
request.
3. Upon the filing of the original or a copy of such misdemeanor
citation with a court having jurisdiction over the alleged offense, such
original or copy of such misdemeanor citation may be disposed of only by
trial in such court or other official action by a judge of such court.
4. It is unlawful and official misconduct for any peace officer or
other officer or public employee to dispose of a misdemeanor citation or
copies thereof or of the record of the issuance of a misdemeanor citation
in a manner other than as required in this section.
5. The chief administrative officer of every county, city or town
law enforcement agency shall require the return to him of a physical copy
or electronic record of every misdemeanor citation issued by an officer
under his supervision to an alleged misdemeanant and of all physical
copies or electronic records of every misdemeanor citation which has been
spoiled or upon which any entry has been made and not issued to an
alleged misdemeanant.
6. Such chief administrative officer shall also maintain or cause
to be maintained in connection with every misdemeanor citation issued by
an officer under his supervision a record of the disposition of the
charge by the court in which the original or copy of the misdemeanor
citation was filed.
(Added to NRS by 1973, 157, 1158; A 1999, 1143 )
Every record of
misdemeanor citations required by NRS 171.177 to 171.1779 , inclusive, shall be audited at least
semiannually by the appropriate fiscal officer of the governmental agency
to which the law enforcement agency is responsible.
(Added to NRS by 1973, 158, 1159)
If the form of citation:
1. Includes information whose truthfulness is attested as required
for a complaint charging commission of the offense alleged in the
citation to have been committed; or
2. Is prepared electronically,
Ê then the citation when filed with a court of competent jurisdiction
shall be deemed to be a lawful complaint for the purpose of prosecution.
(Added to NRS by 1973, 158, 1159; A 1983, 446; 1999, 1144 )
1. It is unlawful for a person to violate his written promise to
appear given to a peace officer upon the issuance of a misdemeanor
citation prepared manually or electronically, regardless of the
disposition of the charge for which the citation was originally issued.
2. A person may comply with a written promise to appear in court
by an appearance by counsel.
3. A warrant may issue upon a violation of a written promise to
appear.
(Added to NRS by 1999, 1141 )
177 to
171.1779 , inclusive, not applicable to
violations of traffic laws. The provisions of NRS 171.177 to 171.1779 , inclusive, do not apply to those situations
in which a person is detained by a peace officer for any violation of
chapter 484 of NRS.
(Added to NRS by 1973, 158, 1159)
PROCEEDINGS BEFORE MAGISTRATE
1. Except as otherwise 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
deliver the arrested person without unnecessary delay to a peace officer.
Except as otherwise provided in subsections 5 and 6 and NRS 171.1772
, the peace officer 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.
3. If an arrested person is not brought before a magistrate within
72 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 a person arrested without a warrant is brought before a
magistrate, a complaint must be filed forthwith.
5. Except as otherwise provided in NRS 178.484 and 178.487 ,
where 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. 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.
(Added to NRS by 1967, 1404; A 1971, 574; 1975, 1201; 1979, 323,
1190; 1997, 3356; 2001, 2023 )
If the
defendant is brought before a magistrate in the same county, other than
the one who issued the warrant, the affidavits and depositions on which
the warrant was granted, if the defendant insists upon an examination,
must be sent to that magistrate, or, if they cannot be procured, the
prosecutor and his witnesses must be summoned to give their testimony
anew.
(Added to NRS by 1967, 1405)
1. When a complaint is laid before a magistrate of the commission
of a public offense triable in another county of the State, but showing
that the defendant is in the county where the complaint is laid, the same
proceedings must be had as prescribed in this chapter except that the
warrant must require the defendant to be taken before the nearest or most
accessible magistrate of the county in which the offense is triable, and
the depositions of the complainant or prosecutor, and of the witnesses
who may have been produced, must be delivered by the magistrate to the
officer to whom the warrant is delivered.
2. The officer who executed the warrant must take the defendant
before the nearest or most accessible magistrate of the county in which
the offense is triable, and must deliver to him the depositions and the
warrant, with his return endorsed thereon, and the magistrate must then
proceed in the same manner as upon a warrant issued by himself.
3. If the offense charged in the warrant issued pursuant to
subsection 1 is a misdemeanor, the officer must, upon being required by
the defendant, take him before a magistrate of the county in which the
warrant was issued, who must admit the defendant to bail, and immediately
transmit the warrant, depositions and undertaking to the justice of the
peace or clerk of the court in which the defendant is required to appear.
(Added to NRS by 1967, 1405)
1. If a person is brought before a magistrate under the provisions
of NRS 171.178 or 171.184 , and it is discovered that there is a warrant
for his arrest outstanding in another county of this State, the
magistrate may release him in accordance with the provisions of NRS
178.484 or 178.4851 if:
(a) The warrant arises out of a public offense which constitutes a
misdemeanor; and
(b) The person provides a suitable address where the magistrate who
issued the warrant in the other county can notify him of a time and place
to appear.
2. If a person is released under the provisions of this section,
the magistrate who releases him shall transmit the cash, bond, notes or
agreement submitted under the provisions of NRS 178.502 or 178.4851 , together with his address, to the magistrate
who issued the warrant. Upon receipt of the cash, bonds, notes or
agreement and address, the magistrate who issued the warrant shall notify
the person of a time and place to appear.
3. Any bail set under the provisions of this section must be in
addition to and apart from any bail set for any public offense with which
a person is charged in the county in which a magistrate is setting bail.
In setting bail under the provisions of this section, a magistrate shall
set the bail in an amount which is sufficient to induce a reasonable
person to travel to the county in which the warrant for the arrest is
outstanding.
4. A person who fails to appear in the other county as ordered is
guilty of failing to appear and shall be punished as provided in NRS
199.335 . A sentence of imprisonment
imposed for failing to appear in violation of this section must be
imposed consecutively to a sentence of imprisonment for the offense out
of which the warrant arises.
(Added to NRS by 1973, 612; A 1981, 1583; 1999, 1844 )
The magistrate or master shall inform the defendant of the complaint
against him and of any affidavit filed therewith, of his right to retain
counsel, of his right to request the assignment of counsel if he is
unable to obtain counsel, and of his right to have a preliminary
examination. He shall also inform the defendant that he is not required
to make a statement and that any statement made by him may be used
against him. The magistrate shall allow the defendant reasonable time and
opportunity to consult counsel, and shall admit the defendant to bail as
provided in this title.
(Added to NRS by 1967, 1405; A 1977, 1571)
1. Any defendant charged with a public offense who is an indigent
may, by oral statement to the district judge, justice of the peace,
municipal judge or master, request the appointment of an attorney to
represent him.
2. The request must be accompanied by the defendant’s affidavit,
which must state:
(a) That he is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty
concerning his financial disability.
3. The district judge, justice of the peace, municipal judge or
master shall forthwith consider the application and shall make such
further inquiry as he considers necessary. If the district judge, justice
of the peace, municipal judge or master:
(a) Finds that the defendant is without means of employing an
attorney; and
(b) Otherwise determines that representation is required,
Ê the judge, justice or master shall designate the public defender of the
county or the State Public Defender, as appropriate, to represent him. If
the appropriate public defender is unable to represent him, or other good
cause appears, another attorney must be appointed.
4. The county or State Public Defender must be reimbursed by the
city for costs incurred in appearing in municipal court. The county shall
reimburse the State Public Defender for costs incurred in appearing in
Justice Court. If a private attorney is appointed as provided in this
section, he must be reimbursed by the county for appearance in Justice
Court or the city for appearance in municipal court in an amount not to
exceed $75 per case.
(Added to NRS by 1967, 1405; A 1969, 478; 1971, 1412; 1973, 357;
1977, 1571; 1983, 901)
On
admitting the defendant to bail, the magistrate shall certify on the
warrant the fact of his having done so, and deliver the warrant and
recognizance to the officer having charge of the defendant. The officer
shall forthwith discharge the defendant from arrest, and shall, without
delay, deliver the warrant and recognizance to the justice of the peace,
magistrate or clerk of the court at which the defendant is required to
appear.
(Added to NRS by 1967, 1406)
The
defendant, when arrested under a warrant for a capital offense, must be
held in custody by the sheriff of the county in which the complaint is
filed, unless admitted to bail after an examination or upon a writ of
habeas corpus.
(Added to NRS by 1967, 1406)
1. If an offense is not triable in the Justice Court, the
defendant must not be called upon to plead. If the defendant waives
preliminary examination, the magistrate shall immediately hold him to
answer in the district court.
2. If the defendant does not waive examination, the magistrate
shall hear the evidence within 15 days, unless for good cause shown he
extends such time. Unless the defendant waives counsel, reasonable time
must be allowed for counsel to appear.
3. Except as otherwise provided in this subsection, if the
magistrate postpones the examination at the request of a party, the
magistrate may order that party to pay all or part of the costs and fees
expended to have a witness attend the examination. The magistrate shall
not require a party who requested the postponement of the examination to
pay for the costs and fees of a witness if:
(a) It was not reasonably necessary for the witness to attend the
examination; or
(b) The magistrate ordered the extension pursuant to subsection 4.
4. If application is made for the appointment of counsel for an
indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied; and
(b) If the application is granted, the attorney appointed or the
public defender has had reasonable time to appear.
5. The defendant may cross-examine witnesses against him and may
introduce evidence in his own behalf.
(Added to NRS by 1967, 1406; A 1971, 159; 1997, 116)
1. Not less than 2 judicial days before a preliminary examination,
the prosecuting attorney shall provide the defendant with copies of any:
(a) Written or recorded statements or confessions made by the
defendant, or any written or recorded statements made by a witness or
witnesses, or any reports of statements or confessions, or copies
thereof, within the possession or custody of the prosecuting attorney;
(b) Results or reports of physical or mental examinations,
scientific tests or scientific experiments made in connection with the
particular case, or copies thereof, within the possession or custody of
the prosecuting attorney; and
(c) Books, papers, documents or tangible objects that the
prosecuting attorney intends to introduce in evidence during the case in
chief of the State, or copies thereof, within the possession or custody
of the prosecuting attorney.
2. The defendant is not entitled, pursuant to the provisions of
this section, to the discovery or inspection of:
(a) An internal report, document or memorandum that is prepared by
or on behalf of the prosecuting attorney in connection with the
investigation or prosecution of the case.
(b) A statement, report, book, paper, document, tangible object or
any other type of item or information that is privileged or protected
from disclosure or inspection pursuant to the Constitution or laws of
this State or the Constitution of the United States.
3. The provisions of this section are not intended to affect any
obligation placed upon the prosecuting attorney by the Constitution of
this State or the Constitution of the United States to disclose
exculpatory evidence to the defendant.
4. The magistrate shall not postpone a preliminary examination at
the request of a party based solely on the failure of the prosecuting
attorney to permit the defendant to inspect, copy or photograph material
as required in this section, unless the court finds that the defendant
has been prejudiced by such failure.
(Added to NRS by 1997, 2364)
1. If a witness resides outside this State or more than 100 miles
from the place of a preliminary examination, his affidavit may be used at
the preliminary examination if it is necessary for the district attorney
to establish as an element of any offense that:
(a) The witness was the owner, possessor or occupant of real or
personal property; and
(b) The defendant did not have the permission of the witness to
enter, occupy, possess or control the real or personal property of the
witness.
2. If a financial institution does not maintain any principal or
branch office within this State or if a financial institution that
maintains a principal or branch office within this State does not
maintain any such office within 100 miles of the place of a preliminary
examination, the affidavit of a custodian of the records of the financial
institution or the affidavit of any other qualified person of the
financial institution may be used at the preliminary examination if it is
necessary for the district attorney to establish as an element of any
offense that:
(a) When a check or draft naming the financial institution as
drawee was drawn or passed, the account or purported account upon which
the check or draft was drawn did not exist, was closed or held
insufficient money, property or credit to pay the check or draft in full
upon its presentation; or
(b) When a check or draft naming the financial institution as
drawee was presented for payment to the financial institution, the
account or purported account upon which the check or draft was drawn did
not exist, was closed or held insufficient money, property or credit to
pay the check or draft in full.
3. The district attorney shall provide either written or oral
notice to the defendant, not less than 10 days before the scheduled
preliminary examination, that he intends to use an affidavit described in
this section at the preliminary examination.
4. If, at or before the time of the preliminary examination, the
defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in
an affidavit described in this section; and
(b) It is in the best interests of justice that the person who
signed the affidavit be cross-examined,
Ê the magistrate may order the district attorney to produce the person
who signed the affidavit and may continue the examination for any time it
deems reasonably necessary in order to receive such testimony.
(Added to NRS by 1993, 548; A 1999, 163 )
1. If a witness resides more than 500 miles from the place of a
preliminary examination or is unable to attend the preliminary
examination because of his medical condition, a party may, not later than
14 days before the preliminary examination, file a request that the
magistrate allow the witness to testify at the preliminary examination
through the use of audiovisual technology. A party who requests that the
magistrate allow a witness to testify through the use of audiovisual
technology shall provide written notice of the request to the opposing
party at or before the time of filing the request.
2. Not later than 7 days after receiving notice of a request that
the magistrate allow a witness to testify at the preliminary examination
through the use of audiovisual technology, the opposing party may file an
objection to the request. If the opposing party fails to file a timely
objection to the request, the opposing party shall be deemed to have
consented to the granting of the request.
3. Regardless of whether or not the opposing party files an
objection to a request that the magistrate allow a witness to testify at
the preliminary examination through the use of audiovisual technology,
the magistrate may allow the witness to testify at the preliminary
examination through the use of audiovisual technology only if the
magistrate finds that good cause exists to grant the request based upon
the specific facts and circumstances of the case.
4. If the magistrate allows a witness to testify at the
preliminary examination through the use of audiovisual technology:
(a) The testimony of the witness must be:
(1) Taken by a certified videographer who is in the physical
presence of the witness. The certified videographer shall sign a written
declaration, on a form provided by the magistrate, which states that the
witness does not have in his possession any notes or other materials to
assist in his testimony.
(2) Recorded and preserved through the use of a videotape or
other means of audiovisual recording technology.
(3) Transcribed by a certified court reporter.
(b) Before giving his testimony, the witness must be sworn and must
sign a written declaration, on a form provided by the magistrate, which
acknowledges that the witness understands that he is subject to the
jurisdiction of the courts of this state and may be subject to criminal
prosecution for the commission of any crime in connection with his
testimony, including, without limitation, perjury, and that he consents
to such jurisdiction.
(c) During the preliminary examination, the witness must not be
asked to identify the defendant, but the witness may be asked to testify
regarding the facts and circumstances surrounding any previous
identification of the defendant.
(d) The original recorded testimony of the witness must be filed
with the district court, and copies of the recorded testimony of the
witness must be provided to each party.
(e) The testimony of the witness may not be used by any party upon
the trial of the cause or in any proceeding therein in lieu of the direct
testimony of the witness, but the court may allow the testimony of the
witness to be used for any other lawful purpose.
5. Audiovisual technology used pursuant to this section must
ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined and cross-examined.
6. As used in this section, “audiovisual technology” includes,
without limitation, closed-circuit video and videoconferencing.
(Added to NRS by 2001, 543 )
1. The magistrate shall employ a certified court reporter to take
down all the testimony and the proceedings on the hearing or examination,
and within such time as the court may designate have such testimony and
proceedings transcribed into typewritten transcript.
2. When the testimony of each witness is all taken and transcribed
by the reporter, the reporter shall certify to the transcript in the same
manner as for a transcript of testimony in the district court, which
certificate authenticates the transcript for all purposes of this title.
3. Before the date set for trial, either party may move the court
before which the case is pending to add to, delete from, or otherwise
correct the transcript to conform with the testimony as given and to
settle the transcript so altered.
4. The compensation for the services of a reporter employed as
provided in this section are the same as provided in NRS 3.370 , to be paid out of the county treasury as
other claims against the county are allowed and paid.
5. Testimony reduced to writing and authenticated according to the
provisions of this section must be filed by the examining magistrate with
the clerk of the district court of his county, and if the prisoner is
subsequently examined upon a writ of habeas corpus, such testimony must
be considered as given before such judge or court. A copy of the
transcript must be furnished to the defendant and to the district
attorney.
6. The testimony so taken may be used:
(a) By the defendant; or
(b) By the State if the defendant was represented by counsel or
affirmatively waived his right to counsel,
Ê upon the trial of the cause, and in all proceedings therein, when the
witness is sick, out of the State, dead, or persistent in refusing to
testify despite an order of the judge to do so, or when his personal
attendance cannot be had in court.
(Added to NRS by 1967, 1406; A 1973, 1322; 1987, 911; 1989, 1272;
1993, 75, 1411, 2024; 1995, 570)
The district
attorney of the proper county shall be present at and conduct the
prosecution in all preliminary examinations where a felony or gross
misdemeanor is charged.
(Added to NRS by 1967, 1407)
1. Except as otherwise provided in subsection 2, the magistrate
may, if good cause is shown and upon the request of any party or on his
own motion, exclude from the examination every person except:
(a) The magistrate’s clerk;
(b) The Attorney General;
(c) The prosecuting attorney;
(d) An investigating officer, after he has testified as a
prosecuting witness and his cross-examination has been completed;
(e) Any counsel for the victim;
(f) The victim, after he has testified as a prosecuting witness and
his cross-examination has been completed;
(g) The defendant and his counsel;
(h) The witness who is testifying;
(i) The officer having the defendant or a witness in his custody;
(j) An attendant to a witness designated pursuant to NRS 178.571
; and
(k) Any other person whose presence is found by the magistrate to
be necessary for the proper conduct of the examination.
2. A person who is called as a witness primarily for the purpose
of identifying the victim may not be excluded from the examination except
in the discretion of the magistrate.
3. As used in this section, “victim” includes any person described
in NRS 178.569 .
(Added to NRS by 1967, 1407; A 1969, 628; 1983, 891; 1995, 72, 996;
1997, 72, 513)
If from
the evidence it appears to the magistrate that there is probable cause to
believe that an offense has been committed and that the defendant has
committed it, the magistrate shall forthwith hold him to answer in the
district court; otherwise the magistrate shall discharge him. The
magistrate shall admit the defendant to bail as provided in this title.
After concluding the proceeding the magistrate shall transmit forthwith
to the clerk of the district court all papers in the proceeding and any
bail taken by him.
(Added to NRS by 1967, 1407)
If a preliminary
examination has not been had and the defendant has not unconditionally
waived the examination, the district court may for good cause shown at
any time before a plea has been entered or an indictment found remand the
defendant for preliminary examination to the appropriate justice of the
peace or other magistrate, and the justice or other magistrate shall then
proceed with the preliminary examination as provided in this chapter.
(Added to NRS by 1967, 1407; A 1987, 1188)
