Nrs: Chapter 171 - Proceedings To Commitment

Link to law: https://www.leg.state.nv.us/NRS/NRS-171.html
Published: 2015

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[Rev. 2/10/2015 4:22:56

PM--2014R2]

CHAPTER 171 - PROCEEDINGS TO COMMITMENT

LOCAL JURISDICTION OF PUBLIC OFFENSES

NRS 171.010           Jurisdiction

of offense committed in State.

NRS 171.015           Jurisdiction

of offense commenced without, but consummated within, this State; consummation

through agent.

NRS 171.020           Act

within this State culminating in crime in this or another state.

NRS 171.025           Death

by dueling.

NRS 171.030           Offense

committed partly in one county and partly in another.

NRS 171.035           Offense

committed on or near boundary.

NRS 171.040           Offense

committed on vessel in state waters, common carrier or private motor vehicle or

aircraft.

NRS 171.045           Offenses

concerning animals ranging in two or more counties.

NRS 171.055           Bigamy

and incest.

NRS 171.060           Burglary,

robbery, larceny or embezzlement: Venue when property is taken in one county

and brought into another.

NRS 171.065           Accessory:

Venue in either county where offense of accessory was committed or where

principal offense committed.

NRS 171.070           Conviction

or acquittal in another state or territory is bar where jurisdiction is

concurrent.

NRS 171.075           Conviction

or acquittal in another county is bar where venue is concurrent.

CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATE

WATERS

NRS 171.076           Enactment.

NRS 171.077           Text

of Compact.

INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER

NRS 171.078           Enactment.

NRS 171.079           Text

of Compact.

TIME OF COMMENCING CRIMINAL ACTIONS

NRS 171.080           No

statute of limitation for murder or terrorism.

NRS 171.083           No

limitation for sexual assault or sex trafficking if written report filed with

law enforcement officer during period of limitation; effect of disability on

period of limitation.

NRS 171.084           Limitation

for kidnapping or attempted murder extended if written report filed with law

enforcement officer during period of limitation.

NRS 171.085           Limitations

for felonies.

NRS 171.090           Limitations

for gross and simple misdemeanors.

NRS 171.095           Limitations

for offenses committed in secret manner, offenses constituting sexual abuse or

sex trafficking of child and offenses regarding personal identifying

information.

NRS 171.100           Indictment

found when it is presented and filed.

WARRANT OR SUMMONS UPON COMPLAINT

NRS 171.102           Complaint

defined; oath or declaration required.

NRS 171.103           Court

clerk may accept complaint filed electronically; procedure; service.

NRS 171.104           Arrest

defined; by whom made.

NRS 171.106           Issuance

of warrant or summons upon complaint or citation.

NRS 171.108           Contents

of warrant of arrest.

NRS 171.112           Contents

of summons.

NRS 171.114           Execution

of warrant and service of summons: By whom.

NRS 171.116           When

magistrate may depute person to act as constable.

NRS 171.118           Execution

of warrant and service of summons: Territorial limits.

NRS 171.122           Manner

in which execution of warrant and service of summons are made; issuance of

citation in lieu of execution of warrant of arrest.

INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION AND

IDENTIFICATION OF SUSPECTS

NRS 171.1223         Peace

officer with limited jurisdiction must notify primary law enforcement agency of

commission of certain felonies; transfer of investigation to primary law

enforcement agency.

NRS 171.1225         Peace

officer to provide information to suspected victims of domestic violence.

NRS 171.1227         Peace

officer to submit written report concerning suspected acts of domestic

violence; information from reports to be aggregated and forwarded to Central

Repository; content of report.

NRS 171.1228         Investigation

of alleged sexual offense: Alleged victim not required to submit to polygraphic

examination or other similar examination.

NRS 171.1229         Fingerprinting

of persons detained and cited for committing suspected acts of domestic

violence; fingerprints to be forwarded to Central Repository.

NRS 171.123           Temporary

detention by peace officer of person suspected of criminal behavior or of

violating conditions of parole or probation: Limitations.

NRS 171.1231         Arrest

if probable cause appears.

NRS 171.1232         Search

to ascertain presence of dangerous weapon; seizure of weapon or evidence.

NRS 171.1235         Gaming

licensee may detain person suspected of having committed felony in gaming

establishment.

NRS 171.1237         Identification

of suspect by live lineup, photo lineup or show-up: Law enforcement agencies to

adopt policies and procedures governing use.

ARREST: BY WHOM AND HOW MADE

NRS 171.124           Arrest

by peace officer or officer of Drug Enforcement Administration.

NRS 171.1245         Arrest

by agent of Federal Bureau of Investigation or Secret Service.

NRS 171.1255         Arrest

by officer or agent of Bureau of Indian Affairs or police officer employed by

Indian tribe.

NRS 171.1257         Arrest

by postal inspector of United States Postal Inspection Service.

NRS 171.126           Arrest

by private person.

NRS 171.128           Magistrate

may order arrest for committing or attempting to commit offense in magistrate’s

presence.

NRS 171.132           Person

making arrest may summon assistance.

NRS 171.134           Escape

or rescue of arrested person: Pursuit and retaking at any time and place in

State.

NRS 171.136           When

arrest may be made.

NRS 171.137           Arrest

required for suspected battery constituting domestic violence; exceptions.

NRS 171.138           Breaking

open door or window: Making arrest.

NRS 171.142           Breaking

open door or window: Upon detention after making arrest.

NRS 171.144           Breaking

open door or window: Retaking person arrested.

NRS 171.1455         Use

of deadly force to effect arrest: Limitations.

NRS 171.146           Weapon

may be taken from person arrested.

NRS 171.147           Duties

of arresting officer where person arrested appears to be intoxicated or not in

control of the person’s physical functions.

NRS 171.148           Warrant

of arrest by telegram authorized.

NRS 171.152           Return

of warrant after execution by arrest or issuance of citation; return of summons

after service; cancellation by district attorney before execution or service;

reissuance.

NRS 171.153           Right

of person arrested to make telephone calls.

NRS 171.1536         Arrest

of person with communications disability: Interpreter to be made available.

NRS 171.1537         Arrest

of person with disability: Right to communicate by mail or telephone.

NRS 171.1538         Arrest

of person with communications disability: Waiver of right to interpretation or

communication.

INTERSTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.154           Short

title.

NRS 171.156           Definitions.

NRS 171.158           Arrests

within this State by foreign officers; hearing before magistrate.

NRS 171.162           Duty

of Secretary of State.

NRS 171.164           Severability.

INTRASTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.166           Short

title.

NRS 171.168           Definitions.

NRS 171.172           When

officer may arrest.

NRS 171.174           Procedure

after arrest.

NRS 171.176           Limitation.

CITATION FOR MISDEMEANOR

NRS 171.177           When

person detained must be taken before magistrate.

NRS 171.1771         Issuance

of citation when person detained by peace officer.

NRS 171.1772         Issuance

of citation after arrest by private person.

NRS 171.1773         Form

and contents of citation: When person detained by peace officer.

NRS 171.1774         Form

and contents of citation: When issued after arrest by private person.

NRS 171.1775         Preparation

of citations: Use of citation book or electronic device; maintenance of records

relating to citation book or electronic device.

NRS 171.17751       Designation

of certain state, county and city officers to prepare, sign and serve

citations.

NRS 171.1776         Issued

citations: Filing with court; disposition of charges by court; unlawful acts;

maintenance of records.

NRS 171.1777         Issued

citations: Audit of records.

NRS 171.1778         Citation

filed with court deemed complaint for purpose of prosecution.

NRS 171.17785       Effect

of violation of written promise to appear; appearance by counsel in lieu of

personal appearance authorized.

NRS 171.1779         NRS 171.177 to 171.1779,

inclusive, not applicable to violations of traffic laws.

PROCEEDINGS BEFORE MAGISTRATE

NRS 171.178           Appearance

before magistrate; release from custody by arresting officer.

NRS 171.182           Proceedings

before another magistrate.

NRS 171.184           Proceedings

upon complaint for offenses triable in another county.

NRS 171.1845         Proceedings

upon discovery of another arrest warrant outstanding in another county.

NRS 171.186           Rights

of defendant before preliminary examination.

NRS 171.188           Procedure

for appointment of attorney for indigent defendant.

NRS 171.192           Certification

of bail; discharge of defendant.

NRS 171.194           Procedure

when arrest for capital offense.

NRS 171.196           Preliminary

examination: Waiver; time for conducting; postponement; introduction of

evidence and cross-examination of witnesses by defendant.

NRS 171.1965         Discovery

by defendant before preliminary examination; material subject to discovery;

effect of failure to permit discovery.

NRS 171.197           Use

of affidavit at preliminary examination: When permitted; notice by district

attorney; circumstances under which district attorney must produce person who

signed affidavit; continuances.

NRS 171.1975         Use

of audiovisual technology to present live testimony at preliminary examination:

When permitted; notice by requesting party; opportunity to object; requirements

for taking and preserving testimony; limitations on subsequent use.

NRS 171.198           Reporting

testimony of witnesses.

NRS 171.202           District

attorney to prosecute at preliminary examination where felony or gross

misdemeanor charged.

NRS 171.204           Exclusion

of persons; exceptions.

NRS 171.206           Procedure

following preliminary examination.

NRS 171.208           Remand

for preliminary examination.

_________

_________

LOCAL JURISDICTION OF PUBLIC OFFENSES

      NRS 171.010  Jurisdiction of offense committed in State.  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 therein, except where it is by law cognizable exclusively in the

courts of the United States.

      [1911 Cr. Prac. § 58; RL § 6908; NCL § 10705]

      NRS 171.015  Jurisdiction of offense commenced without, but consummated

within, this State; consummation through agent.  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 the defendant was out of the State at the time of the commission

of the offense charged. If the defendant consummated it in this State, through

the intervention of an innocent or guilty agent, or any other means proceeding

directly from the defendant, in such case the jurisdiction is in the county in

which the offense is consummated.

      [1911 Cr. Prac. § 59; RL § 6909; NCL § 10706]

      NRS 171.020  Act within this State culminating in crime in this or another

state.  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]

      NRS 171.025  Death by dueling.  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 the

person 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]

      NRS 171.030  Offense committed partly in one county and partly in another.  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)

      NRS 171.035  Offense committed on or near boundary.  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)

      NRS 171.040  Offense committed on vessel in state waters, common carrier or

private motor vehicle or aircraft.  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 a voyage, the

venue is in any county through which the vessel is navigated in the course of

the 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)

      NRS 171.045  Offenses concerning animals ranging in two or more counties.  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]

      NRS 171.055  Bigamy and incest.  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)

      NRS 171.060  Burglary, robbery, larceny or embezzlement: Venue when property

is taken in one county and brought into another.  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, the

defendant is indicted in the former county, the sheriff of the latter county

must, upon demand, deliver the defendant to the sheriff of the former.

      [1911 Cr. Prac. § 67; RL § 6917; NCL § 10715]—(NRS A

1963, 47)

      NRS 171.065  Accessory: Venue in either county where offense of accessory was

committed or where principal offense committed.  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)

      NRS 171.070  Conviction or acquittal in another state or territory is bar

where jurisdiction is concurrent.  When

an act charged as a public offense is within the jurisdiction of another state

or territory, 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]—(NRS A 2009, 2734)

      NRS 171.075  Conviction or acquittal in another county is bar where venue is

concurrent.  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

      NRS 171.076  Enactment.  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)

      NRS 171.077  Text of Compact.  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

      NRS 171.078  Enactment.  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)

      NRS 171.079  Text of Compact.  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 or her 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

      NRS 171.080  No statute of limitation for murder or terrorism.  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)

      NRS 171.083  No limitation for sexual assault or sex trafficking if written

report filed with law enforcement officer during period of limitation; effect

of disability on period of limitation.

      1.  If, at any time during the period of

limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault, a person

authorized to act on behalf of a victim of a sexual assault, or a victim of sex

trafficking or a person authorized to act on behalf of a victim of sex

trafficking, files with a law enforcement officer a written report concerning

the sexual assault or sex trafficking, 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 or sex trafficking 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 or sex

trafficking 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 or sex trafficking 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 or sex trafficking is under a disability if the

victim is insane, intellectually disabled, 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 the sheriff’s

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; A 2013, 683, 2418)

      NRS 171.084  Limitation for kidnapping or attempted murder extended if

written report filed with law enforcement officer during period of limitation.

      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)

      NRS 171.085  Limitations for felonies.  Except

as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:

      1.  Theft, robbery, burglary, forgery,

arson, sexual assault, sex trafficking, a violation of NRS 90.570, a violation punishable

pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an

information or complaint filed, within 4 years after the commission of the offense.

      2.  Any felony other than the felonies

listed in subsection 1 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; 2009, 146; 2013, 2418)

      NRS 171.090  Limitations for gross and simple misdemeanors.  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)

      NRS 171.095  Limitations for offenses committed in secret manner, offenses

constituting sexual abuse or sex trafficking of child and offenses regarding

personal identifying information.

      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 (c) 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 or

sex trafficking of a child as defined in NRS

201.300, before the victim is:

             (1) Thirty-six years old if the victim

discovers or reasonably should have discovered that he or she was a victim of

the sexual abuse or sex trafficking by the date on which the victim reaches

that age; or

             (2) Forty-three years old if the victim

does not discover and reasonably should not have discovered that he or she was

a victim of the sexual abuse or sex trafficking by the date on which the victim

reaches 36 years of age.

      (c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who

is less than 18 years of age at the time of the commission of the offense, an

indictment for the offense must be found, or an information or complaint filed,

within 4 years after the victim discovers or reasonably should have discovered

the offense.

      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; 2011, 131; 2013, 247, 2419)

      NRS 171.100  Indictment found when it is presented and filed.  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

      NRS 171.102  Complaint defined; oath or declaration required.  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)

      NRS 171.103  Court clerk may accept complaint filed electronically;

procedure; service.

      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)

      NRS 171.104  Arrest defined; by whom made.  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)

      NRS 171.106  Issuance of warrant or summons upon complaint or citation.  If it appears from the complaint or a citation

issued pursuant to NRS 484A.730, 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)

      NRS 171.108  Contents of warrant of arrest.  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 the

magistrate’s name of office;

      2.  Contain the name of the defendant or,

if the defendant’s name is unknown, any name or description by which the

defendant 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)

      NRS 171.112  Contents of summons.  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

the magistrate, with the magistrate’s name of office, requiring the corporation

to appear before the magistrate 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)

      NRS 171.114  Execution of warrant and service of summons: By whom.  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)

      NRS 171.116  When magistrate may depute person to act as constable.  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)

      NRS 171.118  Execution of warrant and service of summons: Territorial limits.  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)

      NRS 171.122  Manner in which execution of warrant and service of summons are

made; issuance of citation in lieu of execution of warrant of arrest.

      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 the officer’s possession at the time of

the arrest, but upon request the officer must show the warrant to the defendant

as soon as possible. If the officer does not have a warrant in the officer’s

possession at the time of the arrest, the officer shall then inform the

defendant of the officer’s intention to arrest the defendant, 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 the defendant’s 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 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 or her 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 the defendant personally, or by leaving it at

the defendant’s 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 AND

IDENTIFICATION OF SUSPECTS

      NRS 171.1223  Peace officer with limited jurisdiction must notify primary law

enforcement agency of commission of certain felonies; transfer of investigation

to primary law enforcement agency.

      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 the officer’s 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 the officer’s 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 the officer’s 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)

      NRS 171.1225  Peace officer to provide information to suspected victims of

domestic violence.

      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 battery.

             (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, your minor children or any animal that

is owned or kept by you, by the person who committed or threatened the act of

domestic violence or by the minor child of either such person 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;

                   (VI) Avoid or limit all

communication with you or your children;

                   (VII) Stop physically injuring,

threatening to injure or taking possession of any animal that is owned or kept

by you or your children, either directly or through an agent; and

                   (VIII) Stop physically injuring or

threatening to injure any animal that is owned or kept by the person who

committed or threatened the act or his or her children, either directly or

through an agent.

             (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:

                   (I) Pay the rent or mortgage due on

the place in which you live;

                   (II) Pay the amount of money

necessary for the support of your children;

                   (III) Pay part or all of the costs

incurred by you in obtaining the order for protection; and

                   (IV) Comply with the arrangements

specified for the possession and care of any animal owned or kept by you or

your children or by the person who committed or threatened the act or his or

her children.

             (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, the person may be arrested and, if:

                   (I) The arresting officer determines

that such a violation is accompanied by a direct or indirect threat of harm;

                   (II) The person has previously

violated a temporary or extended order for protection; or

                   (III) At the time of the violation

or within 2 hours after the violation, the person has a concentration of

alcohol of 0.08 or more in the person’s blood or breath or an amount of a

prohibited substance in the person’s blood or urine that is equal to or greater

than the amount set forth in subsection 3 of NRS 484C.110,

Ê the person

will not be admitted to bail sooner than 12 hours after 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.  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 the officer’s employer.

      3.  As used in this section:

      (a) “Act of domestic violence” means any of the

following acts committed by a person against his or her spouse, former spouse,

any other person to whom he or she is related by blood or marriage, a person

with whom he or she is or was actually residing, a person with whom he or she

has had or is having a dating relationship, a person with whom he or she has a

child in common, the minor child of any of those persons or his or her minor

child:

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or

threat of force to perform an act from which he or she has the right to refrain

or to refrain from an act which he or she has the right to perform.

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless

course of conduct intended to harass the other. Such conduct may include, but

is not limited to:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon

without a permit.

                   (VII) Injuring or killing an animal.

             (6) False imprisonment.

             (7) 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.

      (b) “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; 2007, 1015; 2013, 40)

      NRS 171.1227  Peace officer to submit written report concerning suspected acts

of domestic violence; information from reports to be aggregated and forwarded

to Central Repository; content of report.

      1.  If a peace officer investigates an act

that constitutes domestic violence pursuant to NRS 33.018, the peace officer shall

prepare and submit a written report of the investigation to the peace officer’s

supervisor or to another person designated by the peace officer’s 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, the peace officer shall

include in the report:

      (a) The name of the person who was the primary

physical aggressor; and

      (b) A description of the evidence which supports

the peace officer’s finding.

      3.  If the peace officer does not make an

arrest, the peace officer shall include in the report the reason the peace

officer did not do so.

      4.  The information contained in a report made

pursuant to subsections 1 and 2 must be:

      (a) Aggregated each month; and

      (b) Forwarded by each jurisdiction to the Central

Repository for Nevada Records of Criminal History not later than the 15th day

of the following month.

      5.  The Director of the Department of

Public Safety shall prescribe the form on which the information described in

subsection 4 must be reported to the Central Repository. In addition to the

information required pursuant to subsections 1 and 2, the form must also

require the inclusion of the following information from each report:

      (a) The gender, age and race of the persons

involved;

      (b) The relationship of the persons involved;

      (c) The date and time of day of the offense;

      (d) The number of children present, if any, at

the time of the offense;

      (e) Whether or not an order for protection

against domestic violence was in effect at the time of the offense;

      (f) Whether or not any weapons were used during

the commission of the offense;

      (g) Whether or not any person required medical

attention;

      (h) Whether or not any person was given a

domestic violence card that contains information about appropriate counseling

or other supportive services available in the community in which that person

resides;

      (i) Whether or not the primary physical

aggressor, if identified, was arrested and, if not, any mitigating

circumstances explaining why an arrest was not made; and

      (j) Whether or not any other person was arrested.

      (Added to NRS by 1997, 1533; A 2007, 2482)

      NRS 171.1228  Investigation of alleged sexual offense: Alleged victim not

required to submit to polygraphic examination or other similar examination.

      1.  A law enforcement officer, prosecutor

or other employee of a governmental entity shall not, as a condition of

investigating an alleged sexual offense, request or require a victim of the

alleged sexual offense to take or submit to a polygraphic examination or other

similar examination that is used, or the results of which are used, for the

purpose of rendering a diagnostic opinion regarding the honesty or dishonesty

of a person.

      2.  As used in this section, “sexual

offense” has the meaning ascribed to it in NRS

179D.097.

      (Added to NRS by 2007, 95)

      NRS 171.1229  Fingerprinting of persons detained and cited for committing

suspected acts of domestic violence; fingerprints to be forwarded to Central

Repository.  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 the person 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 the peace officer 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)

      NRS 171.123  Temporary detention by peace officer of person suspected of

criminal behavior or of violating conditions of parole or probation:

Limitations.

      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 the person’s parole or

probation.

      3.  The officer may detain the person

pursuant to this section only to ascertain the person’s identity and the

suspicious circumstances surrounding the person’s presence abroad. Any person

so detained shall identify himself or herself, 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)

      NRS 171.1231  Arrest if probable cause appears.  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)

      NRS 171.1232  Search to ascertain presence of dangerous weapon; seizure of weapon

or evidence.

      1.  If any peace officer reasonably

believes that any person whom the peace officer 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)

      NRS 171.1235  Gaming licensee may detain person suspected of having committed

felony in gaming establishment.

      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 the licensee’s

officers, employees or agents may take into custody and detain any person when

such licensee or the licensee’s 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 the licensee’s 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 the licensee’s

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 the licensee’s 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 the

establishment a notice in boldface type clearly legible and in substantially

this form:

 

       Any gaming licensee or the

licensee’s 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)

      NRS 171.1237  Identification of suspect by live lineup, photo lineup or

show-up: Law enforcement agencies to adopt policies and procedures governing

use.

      1.  Each law enforcement agency shall adopt

policies and procedures governing the use of live lineups, photo lineups and

show-ups.

      2.  As used in this section:

      (a) “Live lineup” means an identification

procedure in which a group of persons, including the suspect, is displayed to

an eyewitness to determine whether the eyewitness identifies the suspect as the

perpetrator of a crime.

      (b) “Photo lineup” means an identification

procedure in which an array of photographs, including a photograph of the

suspect, is displayed to an eyewitness in hard copy or by digital image to

determine whether the eyewitness identifies the suspect as the perpetrator of a

crime.

      (c) “Show-up” means an identification procedure

in which the suspect appears individually for possible identification by the

eyewitness as the perpetrator of a crime.

      (Added to NRS by 2011, 325)

ARREST: BY WHOM AND HOW MADE

      NRS 171.124  Arrest by peace officer or officer of Drug Enforcement

Administration.

      1.  Except as otherwise provided in

subsection 3 and NRS 33.070, 33.320 and 258.070, 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 her, or may, without a warrant, arrest a person:

      (a) For a public offense committed or attempted

in the officer’s presence.

      (b) When a person arrested has committed a felony

or gross misdemeanor, although not in the officer’s presence.

      (c) When a felony or gross misdemeanor has in

fact been committed, and the officer 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 the officer has reasonable cause to believe that the person arrested is the

person so named or described.

      2.  A peace officer or an officer of the

Drug Enforcement Administration designated by the Attorney General of the

United States for that purpose may also, at night, without a warrant, arrest

any person whom the officer 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; 2013, 2946)

      NRS 171.1245  Arrest by agent of Federal Bureau of Investigation or Secret

Service.  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 the agent’s presence.

      2.  When a person arrested has committed a

felony or gross misdemeanor, although not in the agent’s presence.

      3.  When a felony or gross misdemeanor has

in fact been committed, and the agent 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 the agent has reasonable cause to believe that the person arrested

is the person so named or described.

      (Added to NRS by 1985, 451)

      NRS 171.1255  Arrest by officer or agent of Bureau of Indian Affairs or police

officer employed by Indian tribe.

      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 her, or may, without a warrant, arrest a

person:

      (a) For a public offense committed or attempted

in the officer or agent’s presence.

      (b) When a person arrested has committed a felony

or gross misdemeanor, although not in the officer or agent’s presence.

      (c) When a felony or gross misdemeanor has in

fact been committed, and the officer or agent 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 the officer or agent 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 the officer or agent is in fresh pursuit of a

person who is reasonably believed by the officer or agent 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)

      NRS 171.1257  Arrest by postal inspector of United States Postal Inspection

Service.

      1.  A postal inspector of the United States

Postal Inspection Service may make an arrest in obedience to a warrant

delivered to him or her, or may, without a warrant, arrest a person:

      (a) For a public offense related to postal

matters committed or attempted in the postal inspector’s presence.

      (b) When the person arrested has committed a

felony or gross misdemeanor related to postal matters, although not in the

postal inspector’s presence.

      (c) When a felony or gross misdemeanor related to

postal matters has in fact been committed, and the postal inspector 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 related to postal matters 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

related to postal matters, and the postal inspector has reasonable cause to

believe that the person arrested is the person so named or described.

      2.  As used in this section, “postal

matters” means any act related to mail service, including, without limitation,

delivering and collecting mail, mail theft and mail fraud.

      (Added to NRS by 2007, 2173)

      NRS 171.126  Arrest by private person.  A

private person may arrest another:

      1.  For a public offense committed or

attempted in the person’s presence.

      2.  When the person arrested has committed

a felony, although not in the person’s presence.

      3.  When a felony has been in fact

committed, and the private person has reasonable cause for believing the person

arrested to have committed it.

      (Added to NRS by 1967, 1402)

      NRS 171.128  Magistrate may order arrest for committing or attempting to

commit offense in magistrate’s presence.  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 the magistrate on a warrant of arrest.

      (Added to NRS by 1967, 1402)

      NRS 171.132  Person making arrest may summon assistance.  Any person making an arrest may orally summon

as many persons as the person making the arrest deems necessary to aid him or

her therein.

      (Added to NRS by 1967, 1402)

      NRS 171.134  Escape or rescue of arrested person: Pursuit and retaking at any

time and place in State.  If a

person arrested escapes or is rescued, the person from whose custody he or she

escaped or was rescued may immediately pursue and retake the person at any time

and in any place within the State.

      (Added to NRS by 1967, 1402)

      NRS 171.136  When arrest may be made.

      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 the person 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 or herself 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)

      NRS 171.137  Arrest required for suspected battery constituting domestic

violence; exceptions.

      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 the peace officer

has probable cause to believe that the person to be arrested has, within the

preceding 24 hours, committed a battery upon his or her spouse, former spouse,

any other person to whom he or she is related by blood or marriage, a person

with whom he or she is or was actually residing, a person with whom he or she

has had or is having a dating relationship, a person with whom he or she has a

child in common, the minor child of any of those persons or his or her minor

child.

      2.  If the peace officer has probable cause

to believe that a battery described in subsection 1 was a mutual battery, the

peace officer 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 a

decision regarding whether to arrest a person pursuant to this section on the

peace officer’s 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)

      NRS 171.138  Breaking open door or window: Making arrest.  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

the person to be, after having demanded admittance and explained the purpose

for which admittance is desired.

      (Added to NRS by 1967, 1402; A 1983, 244)

      NRS 171.142  Breaking open door or window: Upon detention after making

arrest.  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 to liberate himself or herself. An

officer may do the same to liberate a person who, acting in the officer’s aid,

entered to make an arrest and is detained inside.

      (Added to NRS by 1967, 1402; A 1983, 244)

      NRS 171.144  Breaking open door or window: Retaking person arrested.  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 or her intention, the person pursuing is refused admittance.

      (Added to NRS by 1967, 1402)

      NRS 171.1455  Use of deadly force to effect arrest: Limitations.  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)

      NRS 171.146  Weapon may be taken from person arrested.  Any person making an arrest may take from the

person arrested all dangerous and offensive weapons which the person arrested

may have about his or her person.

      (Added to NRS by 1967, 1402)

      NRS 171.147  Duties of arresting officer where person arrested appears to be

intoxicated or not in control of the person’s physical functions.

      1.  Every peace officer shall, when

arresting any person who appears to be intoxicated or not in control of the

person’s 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 the medical condition.

      (Added to NRS by 1981, 781)

      NRS 171.148  Warrant of arrest by telegram authorized.

      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 the officer must proceed in the same manner under it, as though the officer

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 the officer’s 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)

      NRS 171.152  Return of warrant after execution by arrest or issuance of

citation; return of summons after service; cancellation by district attorney

before execution or service; reissuance.

      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.

      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)

      NRS 171.153  Right of person arrested to make telephone calls.

      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 the person is booked immediately after the person is

booked and, except where physically impossible, no later than 3 hours after the

arrest. Such telephone calls may be limited to local calls, except that long

distance calls may be made by the arrested person at his or her 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)

      NRS 171.1536  Arrest of person with communications disability: Interpreter to

be made available.  Upon the arrest

of a person with a communications disability as defined in NRS 50.050, and before any interrogation

or the taking of a statement, the peace officer in actual charge of the

station, headquarters or other facility to which the person with a

communications disability has been brought shall make an interpreter available

at public expense to that person in accordance with the provisions of NRS 50.050 to 50.053, inclusive.

      (Added to NRS by 1975, 309; A 1979, 657; 2001, 1776; 2007, 170)

      NRS 171.1537  Arrest of person with disability: Right to communicate by mail

or telephone.  When a person with a

disability is detained in custody, the detaining authority shall make available

a 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 the

person’s behalf the same number and kind of telephone calls which a person

arrested is authorized by law or custom to make and shall mail any letters

written by that person.

      (Added to NRS by 1975, 309; A 2001, 1776)

      NRS 171.1538  Arrest of person with communications disability: Waiver of right

to interpretation or communication.

      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 communications disability by a written

statement indicating a desire not to be so assisted. At any time after arrest

but before the termination of any custody, the person may retract a waiver by

indicating a 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 communications disability without the assistance of an interpreter in

accordance with the provisions of NRS

50.050 to 50.053, inclusive.

      (Added to NRS by 1975, 309; A 2001, 1776; 2007, 170)

INTERSTATE FRESH PURSUIT (UNIFORM ACT)

      NRS 171.154  Short title.  NRS 171.154 to 171.164,

inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit.

      (Added to NRS by 1967, 1403)

      NRS 171.156  Definitions.  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)

      NRS 171.158  Arrests within this State by foreign officers; hearing before

magistrate.

      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 the person on the ground that the person 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 the person 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, the magistrate 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 the person to bail for such purpose. If the magistrate

determines the arrest was unlawful the magistrate 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)

      NRS 171.162  Duty of Secretary of State.  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)

      NRS 171.164  Severability.  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  Short title.  NRS 171.166 to 171.176,

inclusive, may be cited as the Uniform Act on Intrastate Fresh Pursuit.

      (Added to NRS by 1967, 1404)

      NRS 171.168  Definitions.  “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)

      NRS 171.172  When officer may arrest.  Any

peace officer of this state in fresh pursuit of a person who is reasonably

believed by the peace officer 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)

      NRS 171.174  Procedure after arrest.  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 171.176  Limitation.  NRS 171.172 shall not make unlawful an arrest which

would otherwise be lawful.

      (Added to NRS by 1967, 1404)

CITATION FOR MISDEMEANOR

      NRS 171.177  When person detained must be taken before magistrate.  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, the person 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 the person’s 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 a

written promise to appear in court as provided in NRS

171.1773.

      (Added to NRS by 1973, 156; A 1975, 1200; 1993, 144)

      NRS 171.1771  Issuance of citation when person detained by peace officer.  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 the person 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. Any such person shall be taken before the

magistrate 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.

      (Added to NRS by 1973, 156)

      NRS 171.1772  Issuance of citation after arrest by private person.  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)

      NRS 171.1773  Form and contents of citation: When person detained by peace

officer.

      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 the person 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

the person’s 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 a 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 a 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 a written promise to appear suffices as proof of service.

      (Added to NRS by 1973, 156; A 1991, 16; 1999, 1141)

      NRS 171.1774  Form and contents of citation: When issued after arrest by

private person.

      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 the person’s

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 a 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 a 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 a written promise to appear suffices as proof of service.

      (Added to NRS by 1973, 1157; A 1991, 16; 1999, 1142)

      NRS 171.1775  Preparation of citations: Use of citation book or electronic

device; maintenance of records relating to citation book or electronic device.

      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)

      NRS 171.17751  Designation of certain state, county and city officers to

prepare, sign and serve citations.

      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 the chief officer, 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 Chief Medical Officer and the

health officer of each county, district and city may designate certain

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

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 the employee

works;

      (b) May, if employed by a city or county,

prepare, sign and serve a citation only to enforce an ordinance of the city or

county by which the employee 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)

      NRS 171.1776  Issued citations: Filing with court; disposition of charges by

court; unlawful acts; maintenance of records.

      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 of a

physical copy or electronic record of every misdemeanor citation issued by an

officer under the chief administrative officer’s 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 the chief administrative officer’s

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)

      NRS 171.1777  Issued citations: Audit of records.  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)

      NRS 171.1778  Citation filed with court deemed complaint for purpose of

prosecution.  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)

      NRS 171.17785  Effect of violation of written promise to appear; appearance by

counsel in lieu of personal appearance authorized.

      1.  It is unlawful for a person to violate

a 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)

      NRS 171.1779  NRS

171.177 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 chapters 484A to 484E, inclusive, of NRS.

      (Added to NRS by 1973, 158, 1159)

PROCEEDINGS BEFORE MAGISTRATE

      NRS 171.178  Appearance before magistrate; release from custody by arresting

officer.

      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 the

magistrate 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, the

defendant 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 the peace officer

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)

      NRS 171.182  Proceedings before another magistrate.  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 the prosecutor’s

witnesses must be summoned to give their testimony anew.

      (Added to NRS by 1967, 1405)

      NRS 171.184  Proceedings upon complaint for offenses triable in another

county.

      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 the depositions and

the warrant, with the officer’s return endorsed thereon, and the magistrate

must then proceed in the same manner as upon a warrant issued by the

magistrate.

      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 the defendant 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)

      NRS 171.1845  Proceedings upon discovery of another arrest warrant outstanding

in another county.

      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 the person’s arrest outstanding in another county of this State, the

magistrate may release the person 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 the person

of a time and place to appear.

      2.  If a person is released under the

provisions of this section, the magistrate who releases the person shall

transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with the person’s

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)

      NRS 171.186  Rights of defendant before preliminary examination.  The magistrate or master shall inform the

defendant of the complaint and of any affidavit filed therewith, of the right

to retain counsel, of the right to request the assignment of counsel if the

defendant is unable to obtain counsel, and of the right to have a preliminary

examination. The magistrate or master shall also inform the defendant that the

defendant is not required to make a statement and that any statement made may

be used against him or her. 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)

      NRS 171.188  Procedure for appointment of attorney for indigent defendant.

      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 the defendant.

      2.  The request must be accompanied by the

defendant’s affidavit, which must state:

      (a) That the defendant is without means of

employing an attorney; and

      (b) Facts with some particularity, definiteness

and certainty concerning the defendant’s 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 or she 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 the defendant. If the

appropriate public defender is unable to represent the defendant, 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, the private attorney 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)

      NRS 171.192  Certification of bail; discharge of defendant.  On admitting the defendant to bail, the

magistrate shall certify on the warrant the fact of 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)

      NRS 171.194  Procedure when arrest for capital offense.  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)

      NRS 171.196  Preliminary examination: Waiver; time for conducting;

postponement; introduction of evidence and cross-examination of witnesses by

defendant.

      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 the

defendant 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 the magistrate 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 or her and may introduce evidence in his or her own

behalf.

      (Added to NRS by 1967, 1406; A 1971, 159; 1997, 116)

      NRS 171.1965  Discovery by defendant before preliminary examination; material

subject to discovery; effect of failure to permit discovery.

      1.  At the time a person is brought before

a magistrate pursuant to NRS 171.178, or as soon as

practicable thereafter, but not less than 5 judicial days before a preliminary

examination, the prosecuting attorney shall provide a defendant charged with a

felony or a gross misdemeanor 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; A 2009, 486)

      NRS 171.197  Use of affidavit at preliminary examination: When permitted;

notice by district attorney; circumstances under which district attorney must

produce person who signed affidavit; continuances.

      1.  If a witness resides outside this State

or more than 100 miles from the place of a preliminary examination, the

witness’s 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 the district attorney 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)

      NRS 171.1975  Use of audiovisual technology to present live testimony at

preliminary examination: When permitted; notice by requesting party;

opportunity to object; requirements for taking and preserving testimony;

limitations on subsequent use.

      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 a 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 or her possession any notes or other

materials to assist in the witness’s 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 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 or she 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 or

her testimony, including, without limitation, perjury, and that the witness

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)

      NRS 171.198  Reporting testimony of witnesses.

      1.  Except as otherwise provided in

subsection 2, a 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.  A magistrate who presides over a

preliminary hearing in a justice court, in any case other than in a case in which

the death penalty is sought, may employ a certified court reporter to take down

all the testimony and the proceedings on the hearing or appoint a person to use

sound recording equipment to record all the testimony and the proceedings on

the hearing. If the magistrate appoints a person to use sound recording

equipment to record the testimony and proceedings on the hearing, the testimony

and proceedings must be recorded and transcribed in the same manner as set

forth in NRS 4.390 to 4.420, inclusive. Any transcript of the

testimony and proceedings produced from a recording conducted pursuant to this

subsection is subject to the provisions of this section in the same manner as a

transcript produced by a certified court reporter.

      3.  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.

      4.  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.

      5.  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.

      6.  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 the magistrate’s

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.

      7.  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 or her 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 the witness’s 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; 2009, 633)

      NRS 171.202  District attorney to prosecute at preliminary examination where

felony or gross misdemeanor charged.  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)

      NRS 171.204  Exclusion of persons; exceptions.

      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 the magistrate’s 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 the

investigating officer has testified as a prosecuting witness and the

investigating officer’s cross-examination has been completed;

      (e) Any counsel for the victim;

      (f) The victim, after the victim has testified as

a prosecuting witness and the victim’s cross-examination has been completed;

      (g) The defendant and the defendant’s counsel;

      (h) The witness who is testifying;

      (i) The officer having the defendant or a witness

in the officer’s 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)

      NRS 171.206  Procedure following preliminary examination.  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 the defendant to answer in the district court; otherwise the

magistrate shall discharge the defendant. 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.

      (Added to NRS by 1967, 1407)

      NRS 171.208  Remand for preliminary examination.  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)