LAS VEGAS (KLAS) — Nevada lawmakers continue to tweak a 2021 law that decriminalized minor traffic violations, looking to streamline the process for drivers and the courts at the same time.
“Inconsistencies and barriers” have emerged in how this is handled by courts, according to Nevada State Sen. Melanie Scheible (D-Las Vegas). Senate Bill 359 (SB359) contains a number of changes to a law that one observer described as “a work in progress.”
Traffic tickets don’t bring jail time anymore. Missed court dates for those cases aren’t the big deal they used to be. But lawmakers are still ironing out a lot of details.
Among the changes that the bill would make:
- Change the requirement for posting a bond in order to challenge the civil infraction. Current law requires the person to post the full amount of the fine associated with the infraction, but that is likely to change to an amount “up to” the full fine. That gives the courts flexibility to waive or reduce the fee.
- Allow a lawyer to appear in court in place of the person.
- Require the civil infraction and any associated misdemeanor to be part of the same complaint, allowing the entire matter to be heard by one judge.
- Allow prosecutors to choose to treat a misdemeanor as a civil infraction at any time, not just before the court hearing. This adds flexibility for prosecutors.
The bond requirement in current law is seen as problematic because it can prevent low-income residents from challenging the civil infraction. Often, they can’t afford the full amount. They also can’t afford to take time off from work to make a challenge, Scheible said.
Some of the other changes are meant to streamline the process, which Scheible said often puts prosecutors in a difficult position.
The flexibility in deciding when to treat a misdemeanor as a civil infraction comes up often, she said.
“It will allow for essentially what everybody has been clamoring for down in Southern Nevada, which is, ‘Can I please get my misdemeanor converted to a civil infraction,’ ” Scheible said.
As an example, lawmakers talked about a traffic stop involving an improper lane change. That’s the type of offense that the Nevada Legislature had in mind when it decriminalized minor infractions. But what if the officer finds the person was driving on a suspended license?
The combination of a civil infraction and a misdemeanor has to be handled separately now, but changes in SB359 would simplify that and allow a judge to deal with it all in one hearing.
So far, 10 amendments have been proposed, and lawmakers continue to work on solutions that are practical for courts in rural counties, as well as Clark and Washoe counties.
