Nev. Rev. Stat. § 484A.7049

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 484A.7049 - Violation punishable as misdemeanor may be treated as civil infraction; dismissal of underlying criminal charge
1. A prosecuting attorney may elect to treat a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor, other than a violation of NRS 484C.110 or 484C.120, as a civil infraction pursuant to NRS 484A.703 to 484A.705, inclusive.
2. The prosecuting attorney shall make the election described in subsection 1 on or before the time scheduled for the first appearance of the defendant by:
(a) Preparing a civil infraction citation in accordance with subsection 1 of NRS 484A.7035 that contains all applicable information that is known to the prosecuting attorney, signing the citation and filing the citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau;
(b) Filing notice of the prosecuting attorney's election with the court having jurisdiction of the underlying criminal charge; and
(c) Delivering a copy of the notice and citation to the defendant.
3. Upon the filing of a notice pursuant to paragraph (b) of subsection 2, the court shall dismiss the underlying criminal charge.

NRS 484A.7049

Added to NRS by 2021, 3320
Added by 2021, Ch. 506,§36.3, eff. 1/1/2023.