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, effective January 1, 2023
Added by 2021, Ch. 506,§36.3, eff. 1/1/2023.