AB369 – In Honor of Native American Heritage Month
To celebrate Native American Heritage Month, we are sharing all the favorable outcomes of the 82nd Legislative Session.
As all our relatives become more engaged in civic matters, please know that the bill which “revises provisions governing the administration of justice,” is now a law.
Existing law provides for the imposition of certain fines, administrative assessments, and fees against a defendant. (Chapter 176 of NRS)
Existing law establishes the circumstances in which a person who commits a minor traffic offense is presumed to be indigent and prohibits a court from taking certain actions against an indigent person. (NRS 176.0643, 176.075)
Section 7 of this bill:
1) expands the circumstances in which a person is presumed to be indigent; and
(2) makes the presumption of indigence applicable to a person who commits an offense punishable as a misdemeanor.
Under certain circumstances, existing law authorizes a judge or justice or his or her successor to reduce a fine imposed against a defendant. (NRS 176.085)
Section 4 of this bill requires:
(1) the court to inform a defendant who commits a minor traffic offense or an offense punishable as a misdemeanor that the defendant may be eligible for a waiver or reduction of the fine, administrative assessment or fee if the defendant is presumed indigent; and
(2) a defendant who wishes to have a fine, administrative assessment or fee waived or reduced to file an ability to pay assessment.
Section 5 of this bill requires the court to calculate the household income limit of a defendant who is presumed indigent pursuant to section 7. Using the guidelines prescribed by the HOME Investment Partnerships Act and the household income limit of the defendant, section 5 requires the court to:
(1) waive any fee assessed against a defendant if the household income limit of the defendant is less than 200 percent of the very low-income limit for a family of equal size to the defendant; and
(2) waive or reduce any administrative assessment or fine imposed against the defendant based upon the household income limit of the defendant.
Section 3 of this bill defines the term “HOME Investment Partnerships Act” for the purposes of sections 5 and 7.
Sections 2 and 6 of this bill make conforming changes related to the definition prescribed by section 3.
Existing law provides that any delinquent fine, administrative assessment or fee owed by a defendant for the commission of a minor traffic offense is deemed to be uncollectible if after 10 years it remains impossible or impracticable to collect the delinquent amount. (NRS 176.0647)
Section 8 of this bill:
(1) reduces that period to 5 years; and
(2) deems any delinquent fine, administrative assessment or fee owed by a defendant who commits an offense punishable as a misdemeanor uncollectible under the same circumstances.
Under certain circumstances, existing law authorizes a judge or justice or his or her successor to direct that a fine be paid in installments. (NRS 176.085)
Section 9 of this bill, instead, authorizes the court to direct a defendant to pay a fine, administrative assessment or fee in installments. If the court directs a defendant to pay a fine, administrative assessment or fee in installments, section 9 provides that the amount of each installment must not exceed 2 percent of the annual income of the defendant.
Existing law authorizes a court to order a convicted person or a person who commits a minor traffic offense to perform supervised community service in lieu of all or part of certain fines, administrative assessments, or fees.
Existing law additionally requires a court to provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, for each hour of community service. (NRS 176.087, 484A.7045)
Sections 10 and 12 of this bill define “community service” for the purpose of any such order to include public service, work on public projects, supervised work for the benefit of the community and participation in certain programs and counseling.
Sections 10 and 12 also prohibit a court from ordering a person who commits an offense punishable as a misdemeanor or a person who commits a minor traffic offense to perform more than 100 hours of community service.
Sections 10 and 12 also revise certain requirements relating to a supervising authority. Sections 10 and 12 additionally remove the ability of a court to require a convicted person to deposit a reasonable sum of money to pay for the cost of certain insurance relating to community service.
Sections 10 and 12 also increase the credit that a court provides for community service from $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, to not less than $20.
Sections 10 and 12 additionally clarify that such credit is to be counted toward the payment of any fine, administrative assessment or fee.
Existing law establishes various crimes against public justice. (Chapter 199 of NRS) One such crime prohibits a person from threatening or intimidating a public officer, public employee or certain other persons authorized to hear or determine a controversy or matter with the intent to induce the officer, employee, or person to act in a manner contrary to his or her duties with regard to the controversy or matter. (NRS 199.300)
Section 11 of this bill makes this prohibition applicable to a person who threatens or intimidates a tribal judge with such intent. Under existing law, a person who violates this prohibition is guilty of:
(1) a category B or C felony, if physical force or the immediate threat of physical force is used; and
(2) a gross misdemeanor if no physical force or immediate threat of physical force is used. (NRS 199.300) Section 11 thereby makes a person who violates this prohibition by threatening or intimidating a tribal judge guilty of a category B or C felony or a gross misdemeanor, depending on the circumstances.
The NEVADA INDIAN COMMISSION (NIC) is a State agency created by statute in 1965 to “study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including but not limited to matters and problems relating to Indian affairs and to federal and state control, responsibility, policy, and operations affecting such Indians.” Beginning on July 1, 2024, our agency will be known as the Department of Native American Affairs (DNA).
For more information about changes to fees governing the administration of justice, click here.