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2005 Nevada Revised Statutes - Chapter 171 — Proceedings to Commitment

CHAPTER 171 - PROCEEDINGS TO COMMITMENT

LOCAL JURISDICTION OF PUBLIC OFFENSES

NRS 171.010 Jurisdictionof offense committed in State.

NRS 171.015 Jurisdictionof offense commenced without, but consummated within, this State; consummationthrough agent.

NRS 171.020 Actwithin this State culminating in crime in this or another state.

NRS 171.025 Deathby dueling.

NRS 171.030 Offensecommitted partly in one county and partly in another.

NRS 171.035 Offensecommitted on or near boundary.

NRS 171.040 Offensecommitted on vessel in state waters, common carrier or private motor vehicle oraircraft.

NRS 171.045 Offensesconcerning animals ranging in two or more counties.

NRS 171.055 Bigamyand incest.

NRS 171.060 Burglary,robbery, larceny or embezzlement: Venue when property is taken in one countyand brought into another.

NRS 171.065 Accessory:Venue in either county where offense of accessory was committed or whereprincipal offense committed.

NRS 171.070 Convictionor acquittal in another state, territory or country is bar where jurisdictionis concurrent.

NRS 171.075 Convictionor acquittal in another county is bar where venue is concurrent.

CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATEWATERS

NRS 171.076 Enactment.

NRS 171.077 Textof Compact.

INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER

NRS 171.078 Enactment.

NRS 171.079 Textof Compact.

TIME OF COMMENCING CRIMINAL ACTIONS

NRS 171.080 Nostatute of limitation for murder or terrorism.

NRS 171.083 Nolimitation for sexual assault if written report filed with law enforcementofficer during period of limitation; effect of disability on period oflimitation.

NRS 171.084 Limitationfor kidnapping or attempted murder extended if written report filed with lawenforcement officer during period of limitation.

NRS 171.085 Limitationsfor felonies.

NRS 171.090 Limitationsfor gross and simple misdemeanors.

NRS 171.095 Limitationsfor offenses committed in secret manner and offenses constituting sexual abuseof child.

NRS 171.100 Indictmentfound when it is presented and filed.

WARRANT OR SUMMONS UPON COMPLAINT

NRS 171.102 Complaintdefined; oath or declaration required.

NRS 171.103 Courtclerk may accept complaint filed electronically; procedure; service.

NRS 171.104 Arrestdefined; by whom made.

NRS 171.106 Issuanceof warrant or summons upon complaint or citation.

NRS 171.108 Contentsof warrant of arrest.

NRS 171.112 Contentsof summons.

NRS 171.114 Executionof warrant and service of summons: By whom.

NRS 171.116 Whenmagistrate may depute person to act as constable.

NRS 171.118 Executionof warrant and service of summons: Territorial limits.

NRS 171.122 Mannerin which execution of warrant and service of summons are made; issuance ofcitation in lieu of execution of warrant of arrest.

INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION OFSUSPECTS

NRS 171.1223 Peaceofficer with limited jurisdiction must notify primary law enforcement agency ofcommission of certain felonies; transfer of investigation to primary lawenforcement agency.

NRS 171.1225 Peaceofficer to provide information to suspected victims of domestic violence.

NRS 171.1227 Peaceofficer to submit written report concerning suspected acts of domesticviolence; copy of report to be forwarded to Central Repository.

NRS 171.1229 Fingerprintingof persons detained and cited for committing suspected acts of domesticviolence; fingerprints to be forwarded to Central Repository.

NRS 171.123 Temporarydetention by peace officer of person suspected of criminal behavior or of violatingconditions of parole or probation: Limitations.

NRS 171.1231 Arrestif probable cause appears.

NRS 171.1232 Searchto ascertain presence of dangerous weapon; seizure of weapon or evidence.

NRS 171.1235 Gaminglicensee may detain person suspected of having committed felony in gamingestablishment.

ARREST: BY WHOM AND HOW MADE

NRS 171.124 Arrestby peace officer or officer of Drug Enforcement Administration.

NRS 171.1245 Arrestby agent of Federal Bureau of Investigation or Secret Service.

NRS 171.1255 Arrestby officer or agent of Bureau of Indian Affairs or police officer employed byIndian tribe.

NRS 171.126 Arrestby private person.

NRS 171.128 Magistratemay order arrest for committing or attempting to commit offense in his presence.

NRS 171.132 Personmaking arrest may summon assistance.

NRS 171.134 Escapeor rescue of arrested person: Pursuit and retaking at any time and place inState.

NRS 171.136 Whenarrest may be made.

NRS 171.137 Arrestrequired for suspected battery constituting domestic violence; exceptions.

NRS 171.138 Breakingopen door or window: Making arrest.

NRS 171.142 Breakingopen door or window: Upon detention after making arrest.

NRS 171.144 Breakingopen door or window: Retaking person arrested.

NRS 171.1455 Useof deadly force to effect arrest: Limitations.

NRS 171.146 Weaponmay be taken from person arrested.

NRS 171.147 Dutiesof arresting officer where person arrested appears to be intoxicated or not incontrol of his physical functions.

NRS 171.148 Warrantof arrest by telegram authorized.

NRS 171.152 Returnof warrant after execution by arrest or issuance of citation; return of summonsafter service; cancellation by district attorney before execution or service;reissuance.

NRS 171.153 Rightof person arrested to make telephone calls.

NRS 171.1536 Arrestof person with disability: Interpreter to be made available.

NRS 171.1537 Arrestof person with disability: Right to communicate by mail or telephone.

NRS 171.1538 Arrestof person with disability: Waiver of right to interpretation or communication.

INTERSTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.154 Shorttitle.

NRS 171.156 Definitions.

NRS 171.158 Arrestswithin this State by foreign officers; hearing before magistrate.

NRS 171.162 Duty of Secretary ofState.

NRS 171.164 Severability.

INTRASTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.166 Shorttitle.

NRS 171.168 Definitions.

NRS 171.172 Whenofficer may arrest.

NRS 171.174 Procedureafter arrest.

NRS 171.176 Limitation.

CITATION FOR MISDEMEANOR

NRS 171.177 Whenperson detained must be taken before magistrate.

NRS 171.1771 Issuanceof citation when person detained by peace officer.

NRS 171.1772 Issuanceof citation after arrest by private person.

NRS 171.1773 Formand contents of citation: When person detained by peace officer.

NRS 171.1774 Formand contents of citation: When issued after arrest by private person.

NRS 171.1775 Preparationof citations: Use of citation book or electronic device; maintenance of recordsrelating to citation book or electronic device.

NRS 171.17751 Designationof certain state, county and city officers to prepare, sign and servecitations.

NRS 171.1776 Issuedcitations: Filing with court; disposition of charges by court; unlawful acts;maintenance of records.

NRS 171.1777 Issuedcitations: Audit of records.

NRS 171.1778 Citationfiled with court deemed complaint for purpose of prosecution.

NRS 171.17785 Unlawfulto violate written promise to appear; appearance by counsel in lieu of personalappearance; issuance of warrant upon failure to appear.

NRS 171.1779 NRS 171.177 to 171.1779, inclusive, not applicable toviolations of traffic laws.

PROCEEDINGS BEFORE MAGISTRATE

NRS 171.178 Appearancebefore magistrate; release from custody by arresting officer.

NRS 171.182 Proceedingsbefore another magistrate.

NRS 171.184 Proceedingsupon complaint for offenses triable in another county.

NRS 171.1845 Proceedingsupon discovery of another arrest warrant outstanding in another county.

NRS 171.186 Rightsof defendant before preliminary examination.

NRS 171.188 Procedurefor appointment of attorney for indigent defendant.

NRS 171.192 Certificationof bail; discharge of defendant.

NRS 171.194 Procedurewhen arrest for capital offense.

NRS 171.196 Preliminaryexamination: Waiver; time for conducting; postponement; introduction ofevidence and cross-examination of witnesses by defendant.

NRS 171.1965 Discoveryby defendant before preliminary examination; material subject to discovery;effect of failure to permit discovery.

NRS 171.197 Useof affidavit at preliminary examination: When permitted; notice by districtattorney; circumstances under which district attorney must produce person whosigned affidavit; continuances.

NRS 171.1975 Useof audiovisual technology to present live testimony at preliminary examination:When permitted; notice by requesting party; opportunity to object; requirementsfor taking and preserving testimony; limitations on subsequent use.

NRS 171.198 Reportingtestimony of witnesses.

NRS 171.202 Districtattorney to prosecute at preliminary examination where felony or grossmisdemeanor charged.

NRS 171.204 Exclusionof persons; exceptions.

NRS 171.206 Procedurefollowing preliminary examination.

NRS 171.208 Remandfor preliminary examination.

_________

LOCAL JURISDICTION OF PUBLIC OFFENSES

NRS 171.010 Jurisdictionof offense committed in State. Every person,whether an inhabitant of this state, or any other state, or of a territory ordistrict of the United States, is liable to punishment by the laws of thisstate for a public offense committed by him therein, except where it is by lawcognizable exclusively in the courts of the United States.

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

NRS 171.015 Jurisdictionof offense commenced without, but consummated within, this State; consummationthrough agent. When the commission of a publicoffense, commenced without the State, is consummated within its boundaries, thedefendant is liable to punishment therefor in this State, though he was out ofthe State at the time of the commission of the offense charged. If he consummatedit in this State, through the intervention of an innocent or guilty agent, orany other means proceeding directly from himself, in such case the jurisdictionis in the county in which the offense is consummated.

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

NRS 171.020 Actwithin this State culminating in crime in this or another state. Whenever a person, with intent to commit a crime, does anyact within this State in execution or part execution of such intent, whichculminates 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 ifthe same had been committed entirely within this State.

[1911 Cr. Prac. 59a; added 1927, 87; NCL 10707]

NRS 171.025 Deathby dueling. When an inhabitant or resident ofthis state, by previous appointment or engagement, fights a duel or isconcerned as second therein, out of the jurisdiction of this state, and in theduel a wound is inflicted upon a person, whereof he dies in this state, thejurisdiction of the offense is in the county where the death happens.

[1911 Cr. Prac. 60; RL 6910; NCL 10708]

NRS 171.030 Offensecommitted partly in one county and partly in another. Whena public offense is committed in part in one county and in part in another orthe acts or effects thereof constituting or requisite to the consummation ofthe offense occur in two or more counties, the venue is in either county.

[1911 Cr. Prac. 61; RL 6911; NCL 10709](NRS A1963, 47)

NRS 171.035 Offensecommitted on or near boundary. When an offenseis committed on the boundary of two or more counties, or within 500 yardsthereof, the venue is in either county.

[1911 Cr. Prac. 62; RL 6912; NCL 10710](NRS A1963, 47)

NRS 171.040 Offensecommitted on vessel in state waters, common carrier or private motor vehicle oraircraft. When an offense is committed in thisstate:

1. On board a vessel navigating a river, slough, lakeor canal, or lying therein, in the prosecution of her voyage, the venue is inany county through which the vessel is navigated in the course of her voyage,or in the county where the voyage terminates;

2. On a railroad train, car, stage or other publicconveyance, or on a private motor vehicle, prosecuting its trip, the venue isin 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 countywhere the trip terminates; or

3. On an aircraft prosecuting its trip, the venue isin any county over which the aircraft passes in the course of its trip, or inthe county where the trip terminates. However, venue under this subsectionshall be only in a county over or into which the aircraft passes prior to thefirst landing of such aircraft after the crime is discovered by or reported tothe person in charge of such aircraft.

[1911 Cr. Prac. 63; RL 6913; NCL 10711](NRS A1959, 215; 1963, 47)

NRS 171.045 Offensesconcerning animals ranging in two or more counties. Whena public offense concerns any neat cattle, horse, mule or other animal runningat 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 trialof any such offense, proof that such animal is the property of the owner, orperson occupying the range, and was at the time the offense was committedrunning at large upon the range, shall be prima facie evidence that the offensewas committed within the jurisdiction of the court.

[1911 Cr. Prac. 64; RL 6914; NCL 10712]

NRS 171.055 Bigamyand incest. When the offense, either of bigamyor incest, is committed in one county and the defendant is apprehended inanother, the venue is in either county.

[1911 Cr. Prac. 66; RL 6916; NCL 10714](NRS A1963, 47)

NRS 171.060 Burglary,robbery, larceny or embezzlement: Venue when property is taken in one countyand brought into another. When property takenin one county by burglary, robbery, larceny or embezzlement has been broughtinto another, the venue of the offense is in either county, but if, at any timebefore the conviction of the defendant in the latter, he is indicted in theformer county, the sheriff of the latter county must, upon demand, deliver himto the sheriff of the former.

[1911 Cr. Prac. 67; RL 6917; NCL 10715](NRS A1963, 47)

NRS 171.065 Accessory:Venue in either county where offense of accessory was committed or whereprincipal offense committed. In the case of anaccessory in the commission of a public offense, the venue is in either thecounty where the offense of the accessory was committed, or where the principaloffense was committed.

[1911 Cr. Prac. 68; RL 6918; NCL 10716](NRS A1963, 48)

NRS 171.070 Convictionor acquittal in another state, territory or country is bar where jurisdictionis concurrent. When an act charged as a publicoffense is within the jurisdiction of another state, territory or country, aswell as of this state, a conviction or acquittal thereof in the former is a barto the prosecution or indictment therefor in this state.

[1911 Cr. Prac. 69; RL 6919; NCL 10717]

NRS 171.075 Convictionor acquittal in another county is bar where venue is concurrent. When an offense is within the venue of two or morecounties, a conviction or acquittal thereof in one county is a bar to theprosecution or indictment therefor in another.

[1911 Cr. Prac. 70; RL 6920; NCL 10718](NRS A1963, 48)

CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATEWATERS

NRS 171.076 Enactment. The California-Nevada Compact for Jurisdiction onInterstate Waters, set forth in full in NRS171.077, is hereby enacted into law.

(Added to NRS by 1987, 309)

NRS 171.077 Textof Compact. The California-Nevada Compact forJurisdiction on Interstate Waters is as follows:

ARTICLE IPurposeand Policy

1. The Legislature finds that law enforcement has beenimpaired in sections of Lake Tahoe and Topaz Lake forming an interstateboundary between California and Nevada because of difficulty in determiningprecisely where a criminal act was committed.

2. The Legislature intends that a person committing anact which is illegal in both states not be freed merely because neither statecould establish that a crime was committed within its boundaries.

3. The California-Nevada Compact for Jurisdiction onInterstate Waters is enacted to provide for enforcement of the laws of thisstate with regard to certain acts committed on Lake Tahoe or Topaz Lake, oneither side of the boundary line between California and Nevada.

ARTICLEIIDefinitions

As used in this compact, unless the context otherwiserequires, party state means a state which has enacted this compact.

ARTICLEIIIConcurrent Jurisdiction

1. If conduct is prohibited by the party states,courts and law enforcement officers in either state who have jurisdiction overcriminal offenses committed in a county where Lake Tahoe or Topaz Lake forms acommon interstate boundary have concurrent jurisdiction to arrest, prosecuteand try offenders for the prohibited conduct committed anywhere on the body ofwater forming a boundary between the two states.

2. This compact does not authorize:

(a) Prosecution of any person for conduct which islawful in the state where it was committed.

(b) Any conduct prohibited by a party state.

ARTICLEIVRatification

This compact is ratified by enactment of the languageof 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 ColoradoRiver, set forth in full in NRS 171.079,is hereby enacted into law.

(Added to NRS by 1987, 378)

NRS 171.079 Textof Compact. The Interstate Compact forJurisdiction on the Colorado River is as follows:

ARTICLE IPurposeand Policy

1. The Legislature finds that law enforcement has beenimpaired in sections of the Colorado River forming an interstate boundarybecause of difficulty in determining precisely where a criminal act wascommitted.

2. The Legislature intends that a person committing anact which is illegal in both states not be freed merely because neither statecould establish that a crime was committed within its boundaries.

3. The Interstate Compact for Jurisdiction on theColorado River is enacted to provide for enforcement of the laws of this Statewith regard to certain acts committed on the Colorado River, or any lake formedby or a part of the Colorado River, on either side of the boundary line with anadjoining state.

ARTICLEIIDefinitions

As used in this Compact, unless the context otherwiserequires, party state means a state which has enacted this Compact.

ARTICLEIIIConcurrent Jurisdiction

1. If conduct is prohibited by two adjoining partystates, courts and law enforcement officers in either state who havejurisdiction over criminal offenses committed in a county where the ColoradoRiver, or any lake formed by or a part of the Colorado River, forms a commoninterstate boundary have concurrent jurisdiction to arrest, prosecute and tryoffenders for the prohibited conduct committed anywhere on the body of waterforming a boundary between the two states and concurrent jurisdiction to arrestoffenders for the prohibited conduct committed on any land mass within 5 airmiles of the Colorado River or any lake formed by or a part of the ColoradoRiver.

2. This Compact does not authorize:

(a) Prosecution of any person for conduct which islawful in the state where it was committed.

(b) Any conduct prohibited by a party state.

3. If any claim, including a counterclaim orcross-claim, is brought in a civil action which is filed in a party state andwhich is:

(a) Brought against a present or former officer oremployee of another party state or an agency or political subdivision of thatother party state; and

(b) Based on any alleged act or omission that isrelated to his official duties or employment and conducted under the authorityof this Compact,

the claim issubject to the conditions and limitations on civil actions, including, withoutlimitation, the provisions regarding sovereign immunity, established by theparty state in which that officer or employee is or was an officer or employee.

ARTICLEIVRatification

This Compact is ratified by enactment of the languageof 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 Nostatute of limitation for murder or terrorism. Thereis no limitation of the time within which a prosecution for:

1. Murder must be commenced. It may be commenced atany time after the death of the person killed.

2. A violation of NRS202.445 must be commenced. It may be commenced at any time after theviolation is committed.

[1911 Cr. Prac. 71; RL 6921; NCL 10719](NRS A 2003, 2952)

NRS 171.083 Nolimitation for sexual assault if written report filed with law enforcementofficer during period of limitation; effect of disability on period oflimitation.

1. If, at any time during the period of limitationprescribed in NRS 171.085 and 171.095, a victim of a sexual assault or aperson authorized to act on behalf of a victim of a sexual assault files with alaw enforcement officer a written report concerning the sexual assault, theperiod of limitation prescribed in NRS171.085 and 171.095 is removed andthere is no limitation of the time within which a prosecution for the sexualassault must be commenced.

2. If a written report is filed with a law enforcementofficer pursuant to subsection 1, the law enforcement officer shall provide acopy of the written report to the victim or the person authorized to act onbehalf of the victim.

3. If a victim of a sexual assault is under adisability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning thesexual assault is not otherwise filed pursuant to subsection 1, the periodduring which the victim is under the disability must be excluded from anycalculation of the period of limitation prescribed in NRS 171.085 and 171.095.

4. For the purposes of this section, a victim of asexual assault is under a disability if the victim is insane, mentallyretarded, mentally incompetent or in a medically comatose or vegetative state.

5. As used in this section, law enforcement officermeans:

(a) A prosecuting attorney;

(b) A sheriff of a county or his deputy;

(d) Any other person upon whom some or all of thepowers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

(Added to NRS by 1997, 890)

NRS 171.084 Limitationfor kidnapping or attempted murder extended if written report filed with lawenforcement officer during period of limitation.

1. If, at any time during the period of limitationprescribed in NRS 171.085 and 171.095, a victim of kidnapping orattempted 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 NRS171.085 and 171.095 is extended for5 years.

3. As used in this section, law enforcement officerhas the meaning ascribed to it in NRS171.083.

(Added to NRS by 2001, 3031)

NRS 171.085 Limitationsfor felonies. Except as otherwise provided in NRS 171.083, 171.084 and 171.095, an indictment for:

1. Theft, robbery, burglary, forgery, arson, sexualassault, a violation of NRS 90.570 or aviolation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 must be found, or aninformation or complaint filed, within 4 years after the commission of theoffense.

2. Any felony other than murder, theft, robbery,burglary, forgery, arson, sexual assault, a violation of NRS 90.570 or a violation punishablepursuant to paragraph (c) of subsection 3 of NRS598.0999 must be found, or an information or complaint filed, within 3years after the commission of the offense.

[1911 Cr. Prac. 72; RL 6922; NCL 10720](NRS A1963, 371; 1977, 1630; 1985, 2167; 1997, 890; 2001, 3031; 2003, 20thSpecial Session, 273; 2005, 1426)

NRS 171.090 Limitationsfor gross and simple misdemeanors. Except asotherwise provided in NRS 171.095, 202.885 and 624.800, an indictment for:

1. A gross misdemeanor must be found, or aninformation or complaint filed, within 2 years after the commission of theoffense.

2. Any other misdemeanor must be found, or aninformation or complaint filed, within 1 year after the commission of theoffense.

[1911 Cr. Prac. 73; RL 6923; NCL 10721](NRS A1981, 771; 1985, 2167; 1999,3525; 2005, 1209)

NRS 171.095 Limitationsfor offenses committed in secret manner and offenses constituting sexual abuseof child.

1. Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

(a) If a felony, gross misdemeanor or misdemeanor iscommitted in a secret manner, an indictment for the offense must be found, oran information or complaint filed, within the periods of limitation prescribedin NRS 171.085, 171.090 and 624.800 after the discovery of the offense,unless a longer period is allowed by paragraph (b) or the provisions of NRS 202.885.

(b) An indictment must be found, or an information orcomplaint filed, for any offense constituting sexual abuse of a child, asdefined in NRS 432B.100, before thevictim of the sexual abuse is:

(1) Twenty-one years old if he discovers orreasonably should have discovered that he was a victim of the sexual abuse bythe date on which he reaches that age; or

(2) Twenty-eight years old if he does notdiscover and reasonably should not have discovered that he was a victim of thesexual abuse by the date on which he reaches 21 years of age.

2. If any indictment found, or an information orcomplaint filed, within the time prescribed in subsection 1 is defective sothat no judgment can be given thereon, another prosecution may be institutedfor the same offense within 6 months after the first is abandoned.

[1911 Cr. Prac. 74; RL 6924; NCL 10722](NRS A1981, 771; 1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525; 2001, 3031; 2005, 1209)

NRS 171.100 Indictmentfound when it is presented and filed. An indictmentis found, within the meaning of this chapter, when it is presented by the grandjury in open court, and there received and filed.

[1911 Cr. Prac. 75; RL 6925; NCL 10723]

WARRANT OR SUMMONS UPON COMPLAINT

NRS 171.102 Complaintdefined; oath or declaration required. The complaintis a written statement of the essential facts constituting the public offensecharged. It must be made upon:

1. Oath before a magistrate or a notary public; or

2. Declaration which is made subject to the penaltyfor perjury.

(Added to NRS by 1967, 1400; A 1969, 387; 1983, 446)

NRS 171.103 Courtclerk may accept complaint filed electronically; procedure; service.

1. A court clerk may accept a complaint filed pursuantto this chapter that is filed electronically. A complaint that is filedelectronically must contain an image of the signature of the prosecutingattorney.

2. If a court clerk accepts a complaint that is filedelectronically pursuant to subsection 1, the court clerk shall acknowledgereceipt of the complaint by an electronic time stamp and shall electronicallyreturn the complaint with the electronic time stamp to the prosecutingattorney. A complaint that is filed and time-stamped electronically pursuant tothis section may be converted into a printed document and served upon adefendant in the same manner as a complaint that is not filed electronically.

(Added to NRS by 1997, 892)

NRS 171.104 Arrestdefined; by whom made. An arrest is the takingof a person into custody, in a case and in the manner authorized by law. Anarrest may be made by a peace officer or by a private person.

(Added to NRS by 1967, 1400)

NRS 171.106 Issuanceof warrant or summons upon complaint or citation. Ifit appears from the complaint or a citation issued pursuant to NRS 484.795, 488.920 or 501.386, or from an affidavit or affidavitsfiled with the complaint or citation that there is probable cause to believethat an offense, triable within the county, has been committed and that thedefendant has committed it, a warrant for the arrest of the defendant shall beissued by the magistrate to any peace officer. Upon the request of the districtattorney a summons instead of a warrant shall issue. More than one warrant orsummons may issue on the same complaint or citation. If a defendant fails toappear in response to the summons, a warrant shall issue.

(Added to NRS by 1967, 1400; A 1971, 830)

NRS 171.108 Contentsof warrant of arrest. The warrant of arrest isan order in writing in the name of the State of Nevada which shall:

1. Be signed by the magistrate with his name ofoffice;

2. Contain the name of the defendant or, if his nameis unknown, any name or description by which he can be identified with reasonablecertainty;

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 broughtbefore the nearest available magistrate.

(Added to NRS by 1967, 1400)

NRS 171.112 Contentsof summons. The summons shall be in the sameform as the warrant except that it shall summon the defendant to appear beforea magistrate at a stated time and place. Upon a complaint against a corporation,the magistrate must issue a summons, signed by him, with his name of office,requiring the corporation to appear before him at a specified time and place toanswer the charge, the time to be not less than 10 days after the issuing ofthe summons.

(Added to NRS by 1967, 1400)

NRS 171.114 Executionof warrant and service of summons: By whom. Thewarrant shall be directed to and executed by a peace officer. The summons maybe served by any person authorized to serve a summons in a civil action.

(Added to NRS by 1967, 1401)

NRS 171.116 Whenmagistrate may depute person to act as constable. Amagistrate may depute in writing any suitable and discreet person to act asconstable when no constable is at hand and the nature of the business requiresimmediate action.

(Added to NRS by 1967, 1401)

NRS 171.118 Executionof warrant and service of summons: Territorial limits.The warrant may be executed or the summons may be served at any placewithin the jurisdiction of the State of Nevada.

(Added to NRS by 1967, 1401)

NRS 171.122 Mannerin which execution of warrant and service of summons are made; issuance ofcitation in lieu of execution of warrant of arrest.

1. Except as otherwise provided in subsection 2, thewarrant must be executed by the arrest of the defendant. The officer need nothave the warrant in his possession at the time of the arrest, but upon requesthe must show the warrant to the defendant as soon as possible. If the officerdoes not have a warrant in his possession at the time of the arrest, he shallthen inform the defendant of his intention to arrest him, of the offensecharged, the authority to make it and of the fact that a warrant has or has notbeen issued. The defendant must not be subjected to any more restraint than isnecessary for his arrest and detention. If the defendant either flees orforcibly resists, the officer may, except as otherwise provided in NRS 171.1455, use all necessary means toeffect the arrest.

2. In lieu of executing the warrant by arresting thedefendant, a peace officer may issue him a citation as provided in NRS 171.1773 if:

(a) The warrant is issued upon an offense punishable asa misdemeanor;

(b) The officer has no indication that the defendanthas previously failed to appear on the charge reflected in the warrant;

(d) The defendant signs a written promise to appear incourt for the misdemeanor offense; and

(e) The officer has reasonable grounds to believe thatthe defendant will keep a written promise to appear in court.

3. The summons must be served upon a defendant bydelivering a copy to him personally, or by leaving it at his dwelling house orusual place of abode with some person then residing in the house or abode whois at least 16 years of age and is of suitable discretion, or by mailing it tothe defendants last known address. In the case of a corporation, the summonsmust be served at least 5 days before the day of appearance fixed in thesummons, by delivering a copy to an officer or to a managing or general agentor to any other agent authorized by appointment or by law to receive service ofprocess and, if the agent is one authorized by statute to receive service andthe statute so requires, by also mailing a copy to the corporations last knownaddress within the State of Nevada or at its principal place of businesselsewhere in the United States.

(Added to NRS by 1967, 1401; A 1985, 618; 1993, 143,931, 932)

INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION OFSUSPECTS

NRS 171.1223 Peaceofficer with limited jurisdiction must notify primary law enforcement agency ofcommission of certain felonies; transfer of investigation to primary lawenforcement agency.

1. Except as otherwise provided in subsection 3, in acounty whose population is 100,000 or more, a peace officer with limitedjurisdiction who witnesses a category A felony being committed or attempted inhis presence, or has reasonable cause for believing a person has committed orattempted to commit a category A felony in an area that is within hisjurisdiction, shall immediately notify the primary law enforcement agency inthe city or county, as appropriate, where the offense or attempted offense wascommitted.

2. Upon arrival of an officer from the primary lawenforcement agency notified pursuant to subsection 1, a peace officer withlimited jurisdiction shall immediately transfer the investigation of theoffense 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 amisdemeanor, gross misdemeanor or felony other than a category A felony;

(b) Apply to an officer of the Nevada Highway Patrol, amember of the police department of the Nevada System of Higher Education, anagent of the Investigation Division of the Department of Public Safety or aranger of the Division of State Parks of the State Department of Conservationand Natural Resources;

(c) Apply to a peace officer with limited jurisdictionif an interlocal agreement between his employer and the primary law enforcementagency in the city or county in which a category A felony was committed orattempted authorizes the peace officer with limited jurisdiction to respond toand investigate the felony without immediately notifying the primary lawenforcement agency; or

(d) Prohibit a peace officer with limited jurisdictionfrom:

(1) Contacting a primary law enforcement agencyfor assistance with an offense that is a misdemeanor, gross misdemeanor orfelony that is not a category A felony; or

(2) Responding to a category A felony until theappropriate primary law enforcement agency arrives at the location where thefelony 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 thefelony, to secure the location where the felony was allegedly committed orattempted and to protect the life and safety of the peace officer and any otherperson 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 oremployed pursuant to subsection 8 of NRS391.100;

(2) An airport guard or police officer who isappointed pursuant to NRS 496.130;

(3) A person employed to provide police servicesfor an airport authority created by a special act of the Legislature; and

(4) A marshal or park ranger who is part of aunit 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 sheriffs office of a county; or

(3) If the county is within the jurisdiction ofa metropolitan police department, the metropolitan police department.

(Added to NRS by 2001, 1868; 2003, 102)

NRS 171.1225 Peaceofficer to provide information to suspected victims of domestic violence.

1. When investigating an act of domestic violence, apeace officer shall:

(a) Make a good faith effort to explain the provisionsof NRS 171.137 pertaining to domesticviolence and advise victims of all reasonable means to prevent further abuse,including advising each person of the availability of a shelter or otherservices in the community.

(b) Provide a person suspected of being the victim ofan 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 thefollowing information.

(2) If I have probable cause to believe that abattery has been committed against you, your minor child or the minor child ofthe person believed to have committed the battery in the last 24 hours by yourspouse, your former spouse, any other person to whom you are related by bloodor marriage, a person with whom you are or were actually residing, a personwith whom you have had or are having a dating relationship or a person withwhom you have a child in common, I am required, unless mitigating circumstancesexist, to arrest the person suspected of committing the act.

(3) If I am unable to arrest the personsuspected of committing the battery, you have the right to request that theprosecutor file a criminal complaint against the person. I can provide you withinformation on this procedure. If convicted, the person who committed thebattery may be placed on probation, ordered to see a counselor, put in jail orfined.

(4) The law provides that you may seek a courtorder for the protection of you or your minor children against further threatsor acts of domestic violence. You do not need to hire a lawyer to obtain suchan order for protection.

(5) An order for protection may require theperson who committed or threatened the act of domestic violence against you to:

(I) Stop threatening, harassing orinjuring you or your children;

(II) Move out of your residence;

(III) Stay away from your place ofemployment;

(IV) Stay away from the school attended byyour children;

(V) Stay away from any place you or yourchildren regularly go; and

(VI) Avoid or limit all communication withyou or your children.

(6) A court may make future orders forprotection which award you custody of your children and require the person whocommitted or threatened the act of domestic violence against you to pay:

(I) The rent or mortgage due on the placein which you live;

(II) The amount of money necessary for thesupport of your children; and

(III) Part or all of the costs incurred byyou in obtaining the order for protection.

(7) To get an order for protection, go to room number....... (state the room number of the office at the court) at the court, whichis located at ......................... (state the address of the court). Askthe clerk of the court to provide you with the forms for an order ofprotection.

(8) If the person who committed or threatenedthe act of domestic violence against you violates the terms of an order forprotection, he may be arrested and, if the arresting officer determines thatsuch a violation is accompanied by a direct or indirect threat of harm, he willnot be admitted to bail sooner than 12 hours after his arrest.

(9) You may obtain emergency assistance orshelter by contacting your local program against domestic violence at......................... (state name, address and telephone number of localprogram) or you may call, without charge to you, the Statewide Program AgainstDomestic Violence at ........................ (state toll-free telephone numberof Statewide Program).

2. As used in this section, act of domestic violencemeans any of the following acts committed by a person against his spouse,former spouse, any other person to whom he is related by blood or marriage, aperson with whom he is or was actually residing, a person with whom he has hador is having a dating relationship, a person with whom he has a child incommon, the minor child of any of those persons or his minor child:

(a) A battery.

(b) An assault.

(c) Compelling the other by force or threat of force toperform an act from which he has the right to refrain or to refrain from an actwhich he has the right to perform.

(d) A sexual assault.

(e) A knowing, purposeful or reckless course of conductintended to harass the other. Such conduct may include, but is not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a permit.

(f) False imprisonment.

(g) Unlawful entry of the others residence, orforcible entry against the others will if there is a reasonably foreseeablerisk of harm to the other from the entry.

3. The failure of a peace officer to carry out therequirements set forth in subsection 1 is not a defense in a criminalprosecution for the commission of an act of domestic violence, nor may such anomission be considered as negligence or as causation in any civil actionagainst the peace officer or his employer.

4. As used in this section, dating relationshipmeans frequent, intimate associations primarily characterized by theexpectation of affectional or sexual involvement. The term does not include acasual relationship or an ordinary association between persons in a business orsocial context.

(Added to NRS by 1989, 64; A 1993, 2771; 1995, 899;1997, 1800; 2001,1221)

NRS 171.1227 Peaceofficer to submit written report concerning suspected acts of domesticviolence; copy of report to be forwarded to Central Repository.

1. If a peace officer investigates an act thatconstitutes domestic violence pursuant to NRS33.018, he shall prepare and submit a written report of his investigationto his supervisor or to another person designated by his supervisor, regardlessof whether the peace officer makes an arrest.

2. If the peace officer investigates a mutual battery thatconstitutes domestic violence pursuant to NRS33.018 and finds that one of the persons involved was the primary physicalaggressor, he shall include in his report:

(a) The name of the person who was the primary physicalaggressor; and

(b) A description of the evidence which supports hisfinding.

3. If the peace officer does not make an arrest, heshall include in his report the reason he did not do so.

4. A copy of the report must be forwarded immediatelyto the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 1997, 1533)

NRS 171.1229 Fingerprintingof persons detained and cited for committing suspected acts of domesticviolence; fingerprints to be forwarded to Central Repository. If a peace officer:

1. Detains a person for violating a county, city ortown 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 himbefore a magistrate,

the peaceofficer shall obtain not less than one fingerprint of the person and shallforward any fingerprint taken and the report that he is required to preparepursuant to NRS 171.1227 to the CentralRepository for Nevada Records of Criminal History.

(Added to NRS by 1997, 1533)

NRS 171.123 Temporarydetention by peace officer of person suspected of criminal behavior or ofviolating conditions of parole or probation: Limitations.

1. Any peace officer may detain any person whom theofficer encounters under circumstances which reasonably indicate that the personhas committed, is committing or is about to commit a crime.

2. Any peace officer may detain any person the officerencounters under circumstances which reasonably indicate that the person hasviolated or is violating the conditions of his parole or probation.

3. The officer may detain the person pursuant to thissection only to ascertain his identity and the suspicious circumstancessurrounding his presence abroad. Any person so detained shall identify himself,but may not be compelled to answer any other inquiry of any peace officer.

4. A person must not be detained longer than isreasonably necessary to effect the purposes of this section, and in no eventlonger than 60 minutes. The detention must not extend beyond the place or theimmediate vicinity of the place where the detention was first effected, unlessthe person is arrested.

(Added to NRS by 1969, 535; A 1973, 597; 1975, 1200;1987, 1172; 1995, 2068)

NRS 171.1231 Arrestif probable cause appears. At any time afterthe onset of the detention pursuant to NRS171.123, the person so detained shall be arrested if probable cause for anarrest appears. If, after inquiry into the circumstances which prompted thedetention, no probable cause for arrest appears, such person shall be released.

(Added to NRS by 1969, 535)

NRS 171.1232 Searchto ascertain presence of dangerous weapon; seizure of weapon or evidence.

1. If any peace officer reasonably believes that anyperson whom he has detained or is about to detain pursuant to NRS 171.123 is armed with a dangerousweapon and is a threat to the safety of the peace officer or another, the peaceofficer may search such person to the extent reasonably necessary to ascertainthe presence of such weapon. If the search discloses a weapon or any evidenceof a crime, such weapon or evidence may be seized.

2. Nothing seized by a peace officer in any suchsearch is admissible in any proceeding unless the search which disclosed theexistence of such evidence is authorized by and conducted in compliance withthis section.

(Added to NRS by 1969, 535)

NRS 171.1235 Gaminglicensee may detain person suspected of having committed felony in gamingestablishment.

1. As used in this section:

(a) Establishment means any premises whereon anygaming is done or any premises owned or controlled by a licensee for the purposeof parking motor vehicles owned or operated by patrons of such licensee.

(b) Licensee has the meaning ascribed to it in NRS 463.0171.

2. Any licensee or his officers, employees or agentsmay take into custody and detain any person when such licensee or his officers,employees or agents have reasonable cause to believe the person detained hascommitted a felony, whether or not in the presence of such licensee or hisofficers, employees or agents.

3. Detention pursuant to this section shall be in theestablishment, in a reasonable manner, for a reasonable length of time andsolely for the purpose of notifying a peace officer. Such taking into custodyand detention shall not render the licensee or his officers, employees oragents criminally or civilly liable for false arrest, false imprisonment,slander or unlawful detention unless such taking into custody and detention areunreasonable under all the circumstances.

4. No licensee or his officers, employees or agentsare entitled to the immunity from liability provided for in this section unlessthere is displayed in a conspicuous place in his establishment a notice inboldface type clearly legible and in substantially this form:

Any gaming licensee or hisofficers, employees or agents who have reasonable cause to believe that anyperson has committed a felony may detain such person in the establishment forthe purpose of notifying a peace officer.

(Added to NRS by 1973, 1700; A 2003, 20th SpecialSession, 15)

ARREST: BY WHOM AND HOW MADE

NRS 171.124 Arrestby peace officer or officer of Drug Enforcement Administration.

1. Except as otherwise provided in subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer ofthe Drug Enforcement Administration designated by the Attorney General of theUnited States for that purpose may make an arrest in obedience to a warrantdelivered to him, or may, without a warrant, arrest a person:

(a) For a public offense committed or attempted in hispresence.

(b) When a person arrested has committed a felony orgross misdemeanor, although not in his presence.

(c) When a felony or gross misdemeanor has in fact beencommitted, and he has reasonable cause for believing the person arrested tohave committed it.

(d) On a charge made, upon a reasonable cause, of thecommission of a felony or gross misdemeanor by the person arrested.

(e) When a warrant has in fact been issued in thisState for the arrest of a named or described person for a public offense, andhe has reasonable cause to believe that the person arrested is the person sonamed or described.

2. He may also, at night, without a warrant, arrestany person whom he has reasonable cause for believing to have committed afelony or gross misdemeanor, and is justified in making the arrest, though itafterward appears that a felony or gross misdemeanor has not been committed.

3. An officer of the Drug Enforcement Administrationmay 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)

NRS 171.1245 Arrestby agent of Federal Bureau of Investigation or Secret Service. An agent of the Federal Bureau of Investigation or SecretService may, without a warrant, arrest a person:

1. For a public offense committed or attempted in hispresence.

2. When a person arrested has committed a felony orgross misdemeanor, although not in his presence.

3. When a felony or gross misdemeanor has in fact beencommitted, and he has reasonable cause for believing the person arrested tohave committed it.

4. On a charge made, upon a reasonable cause, of thecommission of a felony or gross misdemeanor by the person arrested.

5. When a warrant has in fact been issued in thisState for the arrest of a named or described person for a public offense, andhe has reasonable cause to believe that the person arrested is the person sonamed or described.

(Added to NRS by 1985, 451)

NRS 171.1255 Arrestby officer or agent of Bureau of Indian Affairs or police officer employed byIndian tribe.

1. Except as otherwise provided in subsection 2, anofficer or agent of the Bureau of Indian Affairs or a person employed as apolice officer by an Indian tribe may make an arrest in obedience to a warrantdelivered to him, or may, without a warrant, arrest a person:

(a) For a public offense committed or attempted in hispresence.

(b) When a person arrested has committed a felony orgross misdemeanor, although not in his presence.

(c) When a felony or gross misdemeanor has in fact beencommitted, and he has reasonable cause for believing the person arrested tohave committed it.

(d) On a charge made, upon a reasonable cause, of thecommission of a felony or gross misdemeanor by the person arrested.

(f) When the peace officer has probable cause tobelieve that the person to be arrested has committed a battery upon thatpersons spouse and the peace officer finds evidence of bodily harm to thespouse.

2. Such an officer or agent may make an arrestpursuant to subsection 1 only:

(a) Within the boundaries of an Indian reservation orIndian colony for an offense committed on that reservation or colony; or

(b) Outside the boundaries of an Indian reservation orIndian colony if he is in fresh pursuit of a person who is reasonably believedby him to have committed a felony within the boundaries of the reservation orcolony or has committed, or attempted to commit, any criminal offense withinthose boundaries in the presence of the officer or agent.

For thepurposes of this subsection, fresh pursuit has the meaning ascribed to it in NRS 171.156.

(Added to NRS by 1985, 452)

NRS 171.126 Arrestby private person. A private person may arrestanother:

1. For a public offense committed or attempted in hispresence.

2. When the person arrested has committed a felony,although not in his presence.

3. When a felony has been in fact committed, and hehas reasonable cause for believing the person arrested to have committed it.

(Added to NRS by 1967, 1402)

NRS 171.128 Magistratemay order arrest for committing or attempting to commit offense in hispresence. A magistrate may orally order apeace officer or private person to arrest anyone committing or attempting tocommit a public offense in the presence of the magistrate, and may thereuponproceed as if the offender had been brought before him on a warrant of arrest.

(Added to NRS by 1967, 1402)

NRS 171.132 Personmaking arrest may summon assistance. Anyperson making an arrest may orally summon as many persons as he deems necessaryto aid him therein.

(Added to NRS by 1967, 1402)

NRS 171.134 Escapeor rescue of arrested person: Pursuit and retaking at any time and place inState. If a person arrested escapes or isrescued, the person from whose custody he escaped or was rescued mayimmediately pursue and retake him at any time and in any place within theState.

(Added to NRS by 1967, 1402)

NRS 171.136 Whenarrest may be made.

1. If the offense charged is a felony or grossmisdemeanor, the arrest may be made on any day, and at any time of day ornight.

2. If it is a misdemeanor, the arrest cannot be madebetween the hours of 7 p.m. and 7 a.m., except:

(a) Upon the direction of a magistrate, endorsed uponthe warrant;

(b) When the offense is committed in the presence ofthe arresting officer;

(1) There is a warrant of arrest against theperson; and

(2) The misdemeanor is discovered because therewas probable cause for the arresting officer to stop, detain or arrest theperson for another alleged violation or offense;

(d) When the offense is committed in the presence of aprivate person and he makes an arrest immediately after the offense iscommitted;

(e) When the offense charged is battery thatconstitutes domestic violence pursuant to NRS33.018 and the arrest is made in the manner provided in NRS 171.137;

(f) When the offense charged is a violation of atemporary or extended order for protection against domestic violence issuedpursuant to NRS 33.017 to 33.100, inclusive;

(g) When the person is already in custody as a resultof another lawful arrest; or

(h) When the person voluntarily surrenders himself inresponse 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 Arrestrequired for suspected battery constituting domestic violence; exceptions.

1. Except as otherwise provided in subsection2, whether or not a warrant has been issued, a peace officer shall, unlessmitigating circumstances exist, arrest a person when he has probable cause tobelieve that the person to be arrested has, within the preceding 24 hours,committed a battery upon his spouse, former spouse, any other person to whom heis related by blood or marriage, a person with whom he is or was actuallyresiding, a person with whom he has had or is having a dating relationship, aperson with whom he has a child in common, the minor child of any of thosepersons or his minor child.

2. If the peace officer has probable cause to believethat a battery described in subsection 1 was a mutual battery, he shall attemptto determine which person was the primary physical aggressor. If the peaceofficer determines that one of the persons who allegedly committed a batterywas the primary physical aggressor involved in the incident, the peace officeris not required to arrest any other person believed to have committed a batteryduring the incident. In determining whether a person is a primary physicalaggressor for the purposes of this subsection, the peace officer shallconsider:

(a) Prior domestic violence involving either person;

(b) The relative severity of the injuries inflictedupon the persons involved;

(d) Whether one of the alleged batteries was committedin self-defense; and

(e) Any other factor that may help the peace officerdecide which person was the primary physical aggressor.

3. A peace officer shall not base his decisionregarding whether to arrest a person pursuant to this section on his perceptionof the willingness of a victim or a witness to the incident to testify orotherwise participate in related judicial proceedings.

(Added to NRS by 1985, 2170; A 1989, 23; 1995, 901;1997, 1533, 1802; 1999,486)

NRS 171.138 Breakingopen door or window: Making arrest. To make anarrest, a private person, if the offense is a felony, and in all cases a peaceofficer, may break open a door or window of the house, structure or other placeof concealment in which the person to be arrested is, or in which there isreasonable grounds for believing him to be, after having demanded admittanceand explained the purpose for which admittance is desired.

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

NRS 171.142 Breakingopen door or window: Upon detention after making arrest. Any person who has entered a house, structure or otherplace of concealment to make an arrest may break open a door or window if thatis necessary for him to liberate himself. An officer may do the same to liberatea person who, acting in his aid, entered to make an arrest and is detainedinside.

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

NRS 171.144 Breakingopen door or window: Retaking person arrested. Toretake a person arrested who has escaped or been rescued, the person pursuingmay break open an outer or inner door or window of a dwelling house, structureor other place of concealment, if, after notice of his intention, he is refusedadmittance.

(Added to NRS by 1967, 1402)

NRS 171.1455 Useof deadly force to effect arrest: Limitations. Ifnecessary to prevent escape, an officer may, after giving a warning, iffeasible, use deadly force to effect the arrest of a person only if there isprobable cause to believe that the person:

1. Has committed a felony which involves theinfliction or threat of serious bodily harm or the use of deadly force; or

2. Poses a threat of serious bodily harm to theofficer or to others.

(Added to NRS by 1993, 931)

NRS 171.146 Weaponmay be taken from person arrested. Any personmaking an arrest may take from the person arrested all dangerous and offensiveweapons which he may have about his person.

(Added to NRS by 1967, 1402)

NRS 171.147 Dutiesof arresting officer where person arrested appears to be intoxicated or not incontrol of his physical functions.

1. Every peace officer shall, when arresting anyperson who appears to be intoxicated or not in control of his physicalfunctions, investigate in a reasonable manner to determine whether or not thatperson is wearing a bracelet, necklace, other visible device or otheridentification identifying a medical condition which might account for theactions of the person.

2. Any arresting officer who discovers identificationof a medical condition during an investigation conducted pursuant to subsection1 shall take reasonable steps to aid the afflicted person in receivingmedication or other treatment for his medical condition.

(Added to NRS by 1981, 781)

NRS 171.148 Warrantof 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 peaceofficers, and the copy is as effectual in the hands of any officer, and he mustproceed in the same manner under it, as though he held an original warrantissued by the magistrate before whom the original complaint in the case waslaid.

2. Every officer causing a warrant to be transmittedby telegram pursuant to subsection 1 must certify as correct a copy of thewarrant and endorsement thereon, and must return the original with a statementof his action thereunder.

3. As used in this section, telegram includes everymethod of electric or electronic communication by which a written as distinctfrom an oral message is transmitted.

(Added to NRS by 1967, 1402; A 1973, 598; 2003, 984)

NRS 171.152 Returnof warrant after execution by arrest or issuance of citation; return of summonsafter service; cancellation by district attorney before execution or service;reissuance.

1. The peace officer executing a warrant by arrestshall make return thereof to the magistrate before whom the defendant isbrought pursuant to NRS 171.178 and 171.184. At the request of the districtattorney any unexecuted warrant must be returned to the magistrate by whom itwas issued and must be cancelled by him.

2. The peace officer executing a warrant by issuanceof a citation pursuant to subsection 2 of NRS171.122 shall:

(a) Record on the warrant the number assigned to thecitation issued thereon;

(b) Attach the warrant to the citation issued thereon;and

3. On or before the return day the person to whom asummons was delivered for service shall make return thereof to the magistratebefore whom the summons is returnable.

4. At the request of the district attorney made at anytime while the complaint is pending, a warrant returned unexecuted and notcancelled or a summons returned unserved or a duplicate thereof may bedelivered by the magistrate to a peace officer for execution or service.

(Added to NRS by 1967, 1403; A 1993, 144)

NRS 171.153 Rightof person arrested to make telephone calls.

1. Any person arrested has the right to make areasonable number of completed telephone calls from the police station or otherplace at which he is booked immediately after he is booked and, except wherephysically impossible, no later than 3 hours after his arrest. Such telephonecalls may be limited to local calls, except that long distance calls may bemade by the arrested person at his own expense.

2. A reasonable number of calls must include onecompleted 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 Arrestof person with disability: Interpreter to be made available. Upon the arrest of a person with a disability as definedin NRS 50.050, and before hisinterrogation or the taking of his statement, the peace officer in actualcharge of the station, headquarters or other facility to which the person witha disability has been brought shall make an interpreter who is qualified toengage in the practice of interpreting in this State pursuant to subsection 2of NRS 656A.100 available at publicexpense to that person, subject to the provisions of NRS 50.052 and 50.053.

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

NRS 171.1537 Arrestof 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 to him reasonable means ofcommunication, at least pencil and paper, and at least two envelopes andfirst-class postage stamps. If the person with a disability so requests, theproper officer of the detaining authority shall make on his behalf the samenumber and kind of telephone calls which a person arrested is authorized by lawor custom to make for himself, and shall mail any letters written by thatperson.

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

NRS 171.1538 Arrestof person with disability: Waiver of right to interpretation or communication.

1. The rights to interpretation and communicationprovided in NRS 171.1536 and 171.1537 may not be waived exceptknowingly and voluntarily by the person with a disability by a writtenstatement indicating his desire not to be so assisted. At any time after arrestbut before the termination of any custody, the person may retract his waiver byindicating his desire to be so assisted.

2. Unless there is a waiver under this section, theremust be no interrogation or taking of the statement of a person with adisability without the assistance of an interpreter who is qualified to engagein the practice of interpreting in this State pursuant to subsection 2 of NRS 656A.100.

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

INTERSTATE FRESH PURSUIT (UNIFORM ACT)

NRS 171.154 Shorttitle. NRS171.154 to 171.164, inclusive, maybe cited as the Uniform Act on Interstate Fresh Pursuit.

(Added to NRS by 1967, 1403)

NRS 171.156 Definitions. As used in NRS 171.154to 171.164, inclusive, unless thecontext or subject matter otherwise requires:

1. Fresh pursuit includes fresh pursuit as definedby the common law and also the pursuit of a person who has committed a felonyor who is reasonably suspected of having committed a felony. It shall also includethe pursuit of a person suspected of having committed a supposed felony, thoughno felony has actually been committed, if there is reasonable ground forbelieving that a felony has been committed. Fresh pursuit as used in NRS 171.154 to 171.164, inclusive, shall not necessarilyimply instant pursuit, but pursuit without unreasonable delay.

2. State includes the District of Columbia for thepurpose of NRS 171.154 to 171.164, inclusive.

(Added to NRS by 1967, 1403)

NRS 171.158 Arrestswithin this State by foreign officers; hearing before magistrate.

1. Any member of a duly organized state, county ormunicipal peace unit of another state of the United States who enters thisState in fresh pursuit, and continues within this State in fresh pursuit, of aperson in order to arrest him on the ground that he is believed to havecommitted a felony in the other state, shall have the same authority to arrestand 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 aperson on the ground that he is believed to have committed a felony in thisState.

2. The officer of another state making an arrestwithin this State shall take the person arrested before a magistrate of thecounty in which the arrest was made, without unnecessary delay. The magistrateshall conduct a hearing for the purpose of determining the lawfulness of thearrest. If the magistrate determines that the arrest was lawful, he shall committhe person arrested to await for a reasonable time the issuance of anextradition warrant by the Governor of this State or admit him to bail for suchpurpose. If the magistrate determines the arrest was unlawful he shall dischargethe person arrested.

3. This section shall not be construed so as to makeunlawful any arrest in this State which would otherwise be lawful.

(Added to NRS by 1967, 1403)

NRS 171.162 Dutyof Secretary of State. On March 4, 1955, theSecretary of State shall certify a copy of NRS171.154 to 171.164, inclusive, tothe 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 NRS171.154 to 171.164, inclusive, isfor any reason declared void, it is declared to be the intent of NRS 171.154 to 171.164, inclusive, that such invalidityshall 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 Shorttitle. NRS171.166 to 171.176, inclusive, maybe 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 freshpursuit as defined by the common law and also the pursuit of a person who hascommitted a felony or is reasonably suspected of having committed a felony inthis state, or who has committed or attempted to commit any criminal offense inthis state in the presence of the arresting officer referred to in NRS 171.172 or for whom such officer holdsa warrant of arrest for a criminal offense. It shall also include the pursuitof a person suspected of having committed a supposed felony in this state,though no felony has actually been committed, if there is reasonable ground forso believing. Fresh pursuit as used in NRS171.166 to 171.176, inclusive, shallnot necessarily imply instant pursuit, but pursuit without unreasonable delay.

(Added to NRS by 1967, 1404)

NRS 171.172 Whenofficer may arrest. Any peace officer of thisstate in fresh pursuit of a person who is reasonably believed by him to havecommitted a felony in this state or has committed, or attempted to commit, anycriminal offense in this state in the presence of such officer, or for whomsuch officer holds a warrant of arrest, may hold in custody such personanywhere in this state.

(Added to NRS by 1967, 1404)

NRS 171.174 Procedureafter arrest. If such an arrest is made inobedience to a warrant, the disposition of the prisoner shall be as in othercases of arrest under a warrant. If the arrest is without a warrant, theprisoner shall without unnecessary delay be taken before a municipal court or ajustice of the peace or other magistrate of the county wherein such an arrestwas made, and such court shall admit such person to bail, if the offense isbailable, by taking security by way of recognizance for the appearance of suchprisoner before the court having jurisdiction of such criminal offense.

(Added to NRS by 1967, 1404)

NRS 171.176 Limitation. NRS 171.172 shallnot make unlawful an arrest which would otherwise be lawful.

(Added to NRS by 1967, 1404)

CITATION FOR MISDEMEANOR

NRS 171.177 Whenperson detained must be taken before magistrate. Exceptas otherwise provided in NRS 171.122 and171.178, whenever any person is detainedby a peace officer for any violation of a county, city or town ordinance or astate law which is punishable as a misdemeanor, he must be taken without unnecessarydelay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:

1. When the person demands an immediate appearancebefore a magistrate;

2. When the person is detained pursuant to a warrantfor his arrest;

3. When the person is arrested by a peace officer; or

4. In any other event when the person is issued amisdemeanor citation by an authorized person and refuses to give his writtenpromise to appear in court as provided in NRS171.1773.

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

NRS 171.1771 Issuanceof citation when person detained by peace officer. Wheneverany person is detained by a peace officer for any violation of a county, cityor town ordinance or a state law which is punishable as a misdemeanor and he isnot required to be taken before a magistrate, the person shall, in thediscretion of the peace officer, either be given a misdemeanor citation, or betaken without unnecessary delay before the proper magistrate. He shall be takenbefore the magistrate when he does not furnish satisfactory evidence ofidentity or when the peace officer has reasonable and probable grounds tobelieve he will disregard a written promise to appear in court.

(Added to NRS by 1973, 156)

NRS 171.1772 Issuanceof citation after arrest by private person. Wheneverany 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, suchperson arrested may be issued a misdemeanor citation by a peace officer in lieuof being immediately taken before a magistrate by the peace officer if:

1. The person arrested furnishes satisfactory evidenceof identity; and

2. The peace officer has reasonable grounds to believethat 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 Formand contents of citation: When person detained by peace officer.

1. Whenever a person is detained by a peace officerfor any violation of a county, city or town ordinance or a state law which ispunishable as a misdemeanor and he is not taken before a magistrate as requiredor permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer may prepare amisdemeanor citation manually or electronically in the form of a complaintissuing in the name of The State of Nevada or in the name of the respectivecounty, city or town, containing a notice to appear in court, the name andaddress of the person, the state registration number of his vehicle, if any,the offense charged, including a brief description of the offense and the NRSor ordinance citation, the time when and place where the person is required toappear in court, and such other pertinent information as may be necessary. Thecitation must be signed by the peace officer. If the citation is preparedelectronically, the officer shall sign the copy of the citation that isdelivered to the person charged with the violation.

2. The time specified in the notice to appear must beat least 5 days after the alleged violation unless the person charged with theviolation demands an earlier hearing.

3. The place specified in the notice must be before amagistrate, as designated in NRS 171.178and 171.184.

4. The person charged with the violation may give hiswritten promise to appear in court by signing at least one copy of themisdemeanor citation prepared by the peace officer, in which event the peaceofficer shall deliver a copy of the citation to the person, and thereupon thepeace officer shall not take the person into physical custody for theviolation. If the citation is prepared electronically, the officer shalldeliver the signed copy of the citation to the person and shall indicate on theelectronic record of the citation whether the person charged gave his written promiseto appear. A copy of the citation that is signed by the person charged or theelectronic record of the citation which indicates that the person charged gavehis written promise to appear suffices as proof of service.

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

NRS 171.1774 Formand contents of citation: When issued after arrest by private person.

1. In those instances described in NRS 171.1772, the peace officer summonedafter the arrest shall prepare a misdemeanor citation manually orelectronically in the form of a complaint issuing in the name of The State ofNevada 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;

(d) The offense charged, including a brief descriptionof the offense and the NRS or ordinance citation;

(e) The time when and place where the person isrequired to appear in court;

(f) Such other pertinent information as may benecessary; and

(g) The signatures of the private person making thearrest and the peace officer preparing the citation.

2. The time specified in the notice to appear must beat least 5 days after the alleged violation unless the person charged with theviolation demands an earlier hearing.

3. The place specified in the notice must be before amagistrate, as designated in NRS 171.178and 171.184.

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

NRS 171.1775 Preparationof citations: Use of citation book or electronic device; maintenance of recordsrelating to citation book or electronic device.

1. Every county, city or town law enforcement agencyin this state shall provide in appropriate form misdemeanor citationscontaining 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 toprepare the citations.

2. The chief administrative officer of each lawenforcement agency is responsible for the issuance of such books and electronicdevices and shall maintain a record of each book, each electronic device andeach citation contained therein issued to individual members of the lawenforcement agency. The chief administrative officer shall require and retain areceipt for every book and electronic device that is issued.

(Added to NRS by 1973, 157, 1158; A 1991, 17; 1999, 1143)

NRS 171.17751 Designationof certain state, county and city officers to prepare, sign and servecitations.

1. Any board of county commissioners or governing bodyof a city may designate the chief officer of the organized fire department orany employees designated by him, and certain of its inspectors of solid wastemanagement, building, housing and licensing inspectors, zoning enforcementofficers, parking enforcement officers, animal control officers, trafficengineers, marshals and park rangers of units of specialized law enforcementestablished pursuant to NRS 280.125, andother persons charged with the enforcement of county or city ordinances, toprepare, sign and serve written citations on persons accused of violating acounty or city ordinance.

2. The State Health Officer and the health officer ofeach county, district and city may designate certain of his employees toprepare, sign and serve written citations on persons accused of violating anylaw, ordinance or regulation of a board of health that relates to publichealth.

3. The Chief of the Manufactured Housing Division ofthe Department of Business and Industry may designate certain of his employeesto prepare, sign and serve written citations on persons accused of violatingany law or regulation of the Division relating to the provisions of chapters 118B, 461,461A and 489of NRS.

4. The State Contractors Board may designate certainof its employees to prepare, sign and serve written citations on personspursuant to subsection 2 of NRS 624.115.

5. An employee designated pursuant to this section:

(a) May exercise the authority to prepare, sign andserve citations only within the field of enforcement in which he works;

(b) May, if he is employed by a city or county,prepare, sign and serve a citation only to enforce an ordinance of the city orcounty by which he is employed; and

(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 Issuedcitations: Filing with court; disposition of charges by court; unlawful acts;maintenance of records.

1. Every peace officer upon issuing a misdemeanorcitation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged violatorof any provision of a county, city or town ordinance or of a state law which ispunishable as a misdemeanor shall file manually or, if the provisions ofsubsection 2 are satisfied, file electronically the original or a copy of suchmisdemeanor citation with a court having jurisdiction over the alleged offense.

2. A copy of amisdemeanor citation that is prepared electronically may be filedelectronically with a court having jurisdiction over the alleged offense if thecourt:

(a) Authorizessuch electronic filing;

(b) Has theability to receive and store the citation electronically; and

3. Upon the filing of the original or a copy of suchmisdemeanor citation with a court having jurisdiction over the alleged offense,such original or copy of such misdemeanor citation may be disposed of only bytrial in such court or other official action by a judge of such court.

4. It is unlawful and official misconduct for anypeace officer or other officer or public employee to dispose of a misdemeanorcitation or copies thereof or of the record of the issuance of a misdemeanorcitation in a manner other than as required in this section.

5. The chief administrative officer of every county,city or town law enforcement agency shall require the return to him of aphysical copy or electronic record of every misdemeanor citation issued by anofficer under his supervision to an alleged misdemeanant and of all physicalcopies or electronic records of every misdemeanor citation which has beenspoiled or upon which any entry has been made and not issued to an allegedmisdemeanant.

6. Such chief administrative officer shall alsomaintain or cause to be maintained in connection with every misdemeanorcitation issued by an officer under his supervision a record of the dispositionof the charge by the court in which the original or copy of the misdemeanorcitation was filed.

(Added to NRS by 1973, 157, 1158; A 1999, 1143)

NRS 171.1777 Issuedcitations: Audit of records. Every record ofmisdemeanor citations required by NRS171.177 to 171.1779, inclusive,shall be audited at least semiannually by the appropriate fiscal officer of thegovernmental agency to which the law enforcement agency is responsible.

(Added to NRS by 1973, 158, 1159)

NRS 171.1778 Citationfiled with court deemed complaint for purpose of prosecution. If the form of citation:

1. Includes information whose truthfulness is attestedas required for a complaint charging commission of the offense alleged in thecitation to have been committed; or

2. Is prepared electronically,

then thecitation when filed with a court of competent jurisdiction shall be deemed tobe a lawful complaint for the purpose of prosecution.

(Added to NRS by 1973, 158, 1159; A 1983, 446; 1999, 1144)

NRS 171.17785 Unlawfulto violate written promise to appear; appearance by counsel in lieu of personalappearance; issuance of warrant upon failure to appear.

1. It is unlawful for a person to violate his writtenpromise to appear given to a peace officer upon the issuance of a misdemeanorcitation prepared manually or electronically, regardless of the disposition ofthe charge for which the citation was originally issued.

2. A person may comply with a written promise toappear in court by an appearance by counsel.

3. A warrant may issue upon a violation of a writtenpromise to appear.

(Added to NRS by 1999, 1141)

NRS 171.1779 NRS 171.177to 171.1779,inclusive, not applicable to violations of traffic laws. The provisions of NRS171.177 to 171.1779, inclusive, donot apply to those situations in which a person is detained by a peace officerfor any violation of chapter 484 of NRS.

(Added to NRS by 1973, 158, 1159)

PROCEEDINGS BEFORE MAGISTRATE

NRS 171.178 Appearancebefore magistrate; release from custody by arresting officer.

1. Except as otherwise provided in subsections 5 and6, a peace officer making an arrest under a warrant issued upon a complaint orwithout a warrant shall take the arrested person without unnecessary delaybefore the magistrate who issued the warrant or the nearest availablemagistrate empowered to commit persons charged with offenses against the lawsof the State of Nevada.

2. A private person making an arrest without a warrantshall 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 takethe arrested person without unnecessary delay before the nearest availablemagistrate empowered to commit persons charged with offenses against the lawsof the State of Nevada.

3. If an arrested person is not brought before amagistrate within 72 hours after arrest, excluding nonjudicial days, themagistrate:

(a) Shall give the prosecuting attorney an opportunityto explain the circumstances leading to the delay; and

(b) May release the arrested person if he determinesthat the person was not brought before a magistrate without unnecessary delay.

4. When a person arrested without a warrant is broughtbefore a magistrate, a complaint must be filed forthwith.

5. Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can beadmitted to bail without appearing personally before a magistrate, he must beso admitted with the least possible delay, and required to appear before amagistrate at the earliest convenient time thereafter.

6. A peace officer may immediately release fromcustody without any further proceedings any person he arrests without a warrantif the peace officer is satisfied that there are insufficient grounds forissuing a criminal complaint against the person arrested. Any record of thearrest of a person released pursuant to this subsection must also include arecord of the release. A person so released shall be deemed not to have beenarrested but only detained.

(Added to NRS by 1967, 1404; A 1971, 574; 1975, 1201;1979, 323, 1190; 1997, 3356; 2001, 2023)

NRS 171.182 Proceedingsbefore another magistrate. If the defendant isbrought before a magistrate in the same county, other than the one who issuedthe warrant, the affidavits and depositions on which the warrant was granted,if the defendant insists upon an examination, must be sent to that magistrate,or, if they cannot be procured, the prosecutor and his witnesses must besummoned to give their testimony anew.

(Added to NRS by 1967, 1405)

NRS 171.184 Proceedingsupon complaint for offenses triable in another county.

1. When a complaint is laid before a magistrate of thecommission of a public offense triable in another county of the State, butshowing that the defendant is in the county where the complaint is laid, thesame proceedings must be had as prescribed in this chapter except that thewarrant must require the defendant to be taken before the nearest or mostaccessible magistrate of the county in which the offense is triable, and thedepositions of the complainant or prosecutor, and of the witnesses who may havebeen produced, must be delivered by the magistrate to the officer to whom thewarrant is delivered.

2. The officer who executed the warrant must take thedefendant before the nearest or most accessible magistrate of the county inwhich the offense is triable, and must deliver to him the depositions and thewarrant, with his return endorsed thereon, and the magistrate must then proceedin the same manner as upon a warrant issued by himself.

3. If the offense charged in the warrant issuedpursuant to subsection 1 is a misdemeanor, the officer must, upon beingrequired by the defendant, take him before a magistrate of the county in whichthe warrant was issued, who must admit the defendant to bail, and immediatelytransmit the warrant, depositions and undertaking to the justice of the peaceor clerk of the court in which the defendant is required to appear.

(Added to NRS by 1967, 1405)

NRS 171.1845 Proceedingsupon discovery of another arrest warrant outstanding in another county.

1. If a person is brought before a magistrate underthe provisions of NRS 171.178 or 171.184, and it is discovered that there isa warrant for his arrest outstanding in another county of this State, themagistrate may release him in accordance with the provisions of NRS 178.484 or 178.4851 if:

(a) The warrant arises out of a public offense whichconstitutes a misdemeanor; and

(b) The person provides a suitable address where themagistrate who issued the warrant in the other county can notify him of a timeand place to appear.

2. If a person is released under the provisions ofthis section, the magistrate who releases him shall transmit the cash, bond,notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with his address, tothe magistrate who issued the warrant. Upon receipt of the cash, bonds, notesor agreement and address, the magistrate who issued the warrant shall notifythe person of a time and place to appear.

3. Any bail set under the provisions of this sectionmust be in addition to and apart from any bail set for any public offense withwhich 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 setthe bail in an amount which is sufficient to induce a reasonable person totravel to the county in which the warrant for the arrest is outstanding.

4. A person who fails to appear in the other county asordered is guilty of failing to appear and shall be punished as provided in NRS 199.335. A sentence of imprisonmentimposed for failing to appear in violation of this section must be imposedconsecutively to a sentence of imprisonment for the offense out of which thewarrant arises.

(Added to NRS by 1973, 612; A 1981, 1583; 1999, 1844)

NRS 171.186 Rightsof defendant before preliminary examination. Themagistrate or master shall inform the defendant of the complaint against himand of any affidavit filed therewith, of his right to retain counsel, of hisright to request the assignment of counsel if he is unable to obtain counsel,and of his right to have a preliminary examination. He shall also inform thedefendant that he is not required to make a statement and that any statementmade by him may be used against him. The magistrate shall allow the defendantreasonable time and opportunity to consult counsel, and shall admit thedefendant to bail as provided in this title.

(Added to NRS by 1967, 1405; A 1977, 1571)

NRS 171.188 Procedurefor appointment of attorney for indigent defendant.

1. Any defendant charged with a public offense who isan indigent may, by oral statement to the district judge, justice of the peace,municipal judge or master, request the appointment of an attorney to representhim.

2. The request must be accompanied by the defendantsaffidavit, which must state:

(a) That he is without means of employing an attorney;and

(b) Facts with some particularity, definiteness andcertainty concerning his financial disability.

3. The district judge, justice of the peace, municipaljudge or master shall forthwith consider the application and shall make suchfurther inquiry as he considers necessary. If the district judge, justice ofthe peace, municipal judge or master:

(a) Finds that the defendant is without means ofemploying an attorney; and

(b) Otherwise determines that representation isrequired,

the judge,justice or master shall designate the public defender of the county or theState Public Defender, as appropriate, to represent him. If the appropriatepublic defender is unable to represent him, or other good cause appears, anotherattorney must be appointed.

4. The county or State Public Defender must bereimbursed by the city for costs incurred in appearing in municipal court. Thecounty shall reimburse the State Public Defender for costs incurred inappearing in Justice Court. If a private attorney is appointed as provided inthis section, he must be reimbursed by the county for appearance in JusticeCourt 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 Certificationof bail; discharge of defendant. On admittingthe defendant to bail, the magistrate shall certify on the warrant the fact ofhis having done so, and deliver the warrant and recognizance to the officerhaving charge of the defendant. The officer shall forthwith discharge thedefendant from arrest, and shall, without delay, deliver the warrant andrecognizance to the justice of the peace, magistrate or clerk of the court at whichthe defendant is required to appear.

(Added to NRS by 1967, 1406)

NRS 171.194 Procedurewhen arrest for capital offense. Thedefendant, when arrested under a warrant for a capital offense, must be held incustody by the sheriff of the county in which the complaint is filed, unlessadmitted to bail after an examination or upon a writ of habeas corpus.

(Added to NRS by 1967, 1406)

NRS 171.196 Preliminaryexamination: Waiver; time for conducting; postponement; introduction ofevidence 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 waivespreliminary examination, the magistrate shall immediately hold him to answer inthe district court.

2. If the defendant does not waive examination, themagistrate shall hear the evidence within 15 days, unless for good cause shownhe extends such time. Unless the defendant waives counsel, reasonable time mustbe allowed for counsel to appear.

3. Except as otherwise provided in this subsection, ifthe magistrate postpones the examination at the request of a party, themagistrate may order that party to pay all or part of the costs and feesexpended to have a witness attend the examination. The magistrate shall notrequire a party who requested the postponement of the examination to pay forthe costs and fees of a witness if:

(a) It was not reasonably necessary for the witness toattend the examination; or

(b) The magistrate ordered the extension pursuant tosubsection 4.

4. If application is made for the appointment ofcounsel for an indigent defendant, the magistrate shall postpone theexamination until:

(a) The application has been granted or denied; and

(b) If the application is granted, the attorneyappointed or the public defender has had reasonable time to appear.

5. The defendant may cross-examine witnesses againsthim and may introduce evidence in his own behalf.

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

NRS 171.1965 Discoveryby defendant before preliminary examination; material subject to discovery;effect of failure to permit discovery.

1. Not less than 2 judicial days before apreliminary examination, the prosecuting attorney shall provide the defendantwith copies of any:

(a) Written or recorded statements or confessions madeby the defendant, or any written or recorded statements made by a witness orwitnesses, 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 mentalexaminations, scientific tests or scientific experiments made in connectionwith the particular case, or copies thereof, within the possession or custodyof the prosecuting attorney; and

(c) Books, papers, documents or tangible objects thatthe prosecuting attorney intends to introduce in evidence during the case inchief of the State, or copies thereof, within the possession or custody of theprosecuting attorney.

2. The defendant is not entitled, pursuant to theprovisions of this section, to the discovery or inspection of:

(a) An internal report, document or memorandum that isprepared by or on behalf of the prosecuting attorney in connection with theinvestigation 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 orprotected from disclosure or inspection pursuant to the Constitution or laws ofthis State or the Constitution of the United States.

3. The provisions of this section are not intended toaffect any obligation placed upon the prosecuting attorney by the Constitutionof this State or the Constitution of the United States to disclose exculpatoryevidence to the defendant.

4. The magistrate shall not postpone a preliminaryexamination at the request of a party based solely on the failure of theprosecuting attorney to permit the defendant to inspect, copy or photographmaterial as required in this section, unless the court finds that the defendanthas been prejudiced by such failure.

(Added to NRS by 1997, 2364)

NRS 171.197 Useof affidavit at preliminary examination: When permitted; notice by districtattorney; circumstances under which district attorney must produce person whosigned affidavit; continuances.

1. If a witness resides outside this State or morethan 100 miles from the place of a preliminary examination, his affidavit maybe used at the preliminary examination if it is necessary for the districtattorney to establish as an element of any offense that:

(a) The witness was the owner, possessor or occupant ofreal or personal property; and

(b) The defendant did not have the permission of thewitness to enter, occupy, possess or control the real or personal property ofthe witness.

2. If afinancial institution does not maintain any principal or branch office withinthis State or if a financial institution that maintains a principal or branch officewithin this State does not maintain any such office within 100 miles of theplace of a preliminary examination, the affidavit of a custodian of the recordsof the financial institution or the affidavit of any other qualified person ofthe financial institution may be used at the preliminary examination if it isnecessary for the district attorney to establish as an element of any offensethat:

(a) When acheck 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 didnot exist, was closed or held insufficient money, property or credit to pay thecheck or draft in full upon its presentation; or

(b) When a check or draft naming the financialinstitution as drawee was presented for payment to the financial institution,the account or purported account upon which the check or draft was drawn didnot exist, was closed or held insufficient money, property or credit to pay thecheck or draft in full.

3. The district attorney shall provide either writtenor oral notice to the defendant, not less than 10 days before the scheduledpreliminary examination, that he intends to use an affidavit described in thissection at the preliminary examination.

4. If, at or before the time of the preliminaryexamination, the defendant establishes that:

(a) There is a substantial and bona fide dispute as tothe facts in an affidavit described in this section; and

(b) It is in the best interests of justice that theperson who signed the affidavit be cross-examined,

themagistrate may order the district attorney to produce the person who signed theaffidavit and may continue the examination for any time it deems reasonablynecessary in order to receive such testimony.

(Added to NRS by 1993, 548; A 1999, 163)

1. If a witness resides more than 500 miles from theplace of a preliminary examination or is unable to attend the preliminaryexamination because of his medical condition, a party may, not later than 14days before the preliminary examination, file a request that the magistrateallow the witness to testify at the preliminary examination through the use ofaudiovisual technology. A party who requests that the magistrate allow awitness to testify through the use of audiovisual technology shall providewritten notice of the request to the opposing party at or before the time offiling the request.

2. Not later than 7 days after receiving notice of arequest that the magistrate allow a witness to testify at the preliminaryexamination through the use of audiovisual technology, the opposing party mayfile an objection to the request. If the opposing party fails to file a timelyobjection to the request, the opposing party shall be deemed to have consentedto the granting of the request.

3. Regardless of whether or not the opposing partyfiles an objection to a request that the magistrate allow a witness to testifyat the preliminary examination through the use of audiovisual technology, themagistrate may allow the witness to testify at the preliminary examinationthrough the use of audiovisual technology only if the magistrate finds thatgood cause exists to grant the request based upon the specific facts andcircumstances of the case.

4. If the magistrate allows a witness to testify atthe preliminary examination through the use of audiovisual technology:

(a) The testimony of the witness must be:

(1) Taken by a certified videographer who is inthe physical presence of the witness. The certified videographer shall sign awritten declaration, on a form provided by the magistrate, which states thatthe witness does not have in his possession any notes or other materials toassist in his testimony.

(2) Recorded and preserved through the use of avideotape or other means of audiovisual recording technology.

(3) Transcribed by a certified court reporter.

(b) Before giving his testimony, the witness must besworn and must sign a written declaration, on a form provided by themagistrate, which acknowledges that the witness understands that he is subjectto the jurisdiction of the courts of this state and may be subject to criminalprosecution for the commission of any crime in connection with his testimony,including, without limitation, perjury, and that he consents to suchjurisdiction.

(c) During the preliminary examination, the witnessmust not be asked to identify the defendant, but the witness may be asked totestify regarding the facts and circumstances surrounding any previousidentification of the defendant.

(d) The original recorded testimony of the witness mustbe filed with the district court, and copies of the recorded testimony of thewitness must be provided to each party.

(e) The testimony of the witness may not be used by anyparty upon the trial of the cause or in any proceeding therein in lieu of thedirect testimony of the witness, but the court may allow the testimony of thewitness to be used for any other lawful purpose.

5. Audiovisual technology used pursuant to thissection 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 technologyincludes, without limitation, closed-circuit video and videoconferencing.

(Added to NRS by 2001, 543)

NRS 171.198 Reportingtestimony of witnesses.

1. The magistrate shall employ a certified courtreporter to take down all the testimony and the proceedings on the hearing orexamination, and within such time as the court may designate have suchtestimony and proceedings transcribed into typewritten transcript.

2. When the testimony of each witness is all taken andtranscribed by the reporter, the reporter shall certify to the transcript inthe same manner as for a transcript of testimony in the district court, whichcertificate authenticates the transcript for all purposes of this title.

3. Before the date set for trial, either party maymove the court before which the case is pending to add to, delete from, orotherwise correct the transcript to conform with the testimony as given and tosettle the transcript so altered.

4. The compensation for the services of a reporteremployed as provided in this section are the same as provided in NRS 3.370, to be paid out of the countytreasury as other claims against the county are allowed and paid.

5. Testimony reduced to writing and authenticatedaccording to the provisions of this section must be filed by the examiningmagistrate with the clerk of the district court of his county, and if theprisoner is subsequently examined upon a writ of habeas corpus, such testimonymust be considered as given before such judge or court. A copy of thetranscript must be furnished to the defendant and to the district attorney.

6. The testimony so taken may be used:

(a) By the defendant; or

(b) By the State if the defendant was represented bycounsel or affirmatively waived his right to counsel,

upon thetrial 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 orderof the judge to do so, or when his personal attendance cannot be had in court.

(Added to NRS by 1967, 1406; A 1973, 1322; 1987, 911;1989, 1272; 1993, 75, 1411, 2024; 1995, 570)

NRS 171.202 Districtattorney to prosecute at preliminary examination where felony or grossmisdemeanor charged. The district attorney ofthe proper county shall be present at and conduct the prosecution in allpreliminary examinations where a felony or gross misdemeanor is charged.

(Added to NRS by 1967, 1407)

NRS 171.204 Exclusionof persons; exceptions.

1. Except as otherwise provided in subsection 2, themagistrate may, if good cause is shown and upon the request of any party or onhis own motion, exclude from the examination every person except:

(a) The magistrates clerk;

(b) The Attorney General;

(d) An investigating officer, after he has testified asa prosecuting witness and his cross-examination has been completed;

(e) Any counsel for the victim;

(f) The victim, after he has testified as a prosecutingwitness and his cross-examination has been completed;

(g) The defendant and his counsel;

(h) The witness who is testifying;

(i) The officer having the defendant or a witness inhis custody;

(j) An attendant to a witness designated pursuant to NRS 178.571; and

(k) Any other person whose presence is found by themagistrate to be necessary for the proper conduct of the examination.

2. A person who is called as a witness primarily forthe purpose of identifying the victim may not be excluded from the examinationexcept in the discretion of the magistrate.

3. As used in this section, victim includes anyperson 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 Procedurefollowing preliminary examination. If from theevidence it appears to the magistrate that there is probable cause to believethat an offense has been committed and that the defendant has committed it, themagistrate shall forthwith hold him to answer in the district court; otherwisethe magistrate shall discharge him. The magistrate shall admit the defendant tobail as provided in this title. After concluding the proceeding the magistrateshall transmit forthwith to the clerk of the district court all papers in theproceeding and any bail taken by him.

(Added to NRS by 1967, 1407)

NRS 171.208 Remandfor preliminary examination. If a preliminaryexamination has not been had and the defendant has not unconditionally waivedthe examination, the district court may for good cause shown at any time beforea plea has been entered or an indictment found remand the defendant forpreliminary examination to the appropriate justice of the peace or other magistrate,and the justice or other magistrate shall then proceed with the preliminaryexamination as provided in this chapter.

(Added to NRS by 1967, 1407; A 1987, 1188)

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