Revises provisions relating to the disposition of bail. (BDR 14-471)

- 83rd Session (2025)
Senate Bill No. 13–Committee on Judiciary

CHAPTER..........

AN ACT relating to bail; providing that a court may dispose of a
bond or undertaking for bail as agreed to by all parties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, when a defendant is release d on bail, if no formal action or
proceeding is instituted against the defendant or if such an action or proceeding is
dismissed, the court is required to exonerate bail, except that the court is authorized
to delay exoneration of bail for a period not to exceed 30 days under certain
circumstances. (NRS 178.502) Section 1 of this bill provides that a court may
dispose of bail as agreed to by all parties.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 178.502 is hereby amended to read as follows:
178.502 1. A person required or permitted to give bail shall
execute a bond for the person’s appearance. The magistrate or court
or judge or justice, having regard to the considerations set forth in
NRS 178.4851, may require one or more sureties or may authorize
the acceptance of cash or bonds or notes of the United States in an
amount equal to or less than the face amount of the bond.
2. Any bond or undertaking for bail must provide that the bond
or undertaking:
(a) Extends to any action or proceeding in a justice court,
municipal court or district court arising from the charge on which
bail was first given in any of these courts; and
(b) Remains in effect until exonerated by the court.
 This subsection does not require that a ny bond or undertaking
extend to proceedings on appeal.
3. If an action or proceeding against a defendant who has been
admitted to bail is transferred to another trial court, the bond or
undertaking must be transferred to the clerk of the court to which
the action or proceeding has been transferred.
4. Except as otherwise provided in subsection 5 [,] or as
otherwise agreed to by all parties, the court shall exonerate the
bond or undertaking for bail if:
(a) The action or proceeding against a defendant who has been
admitted to bail is dismissed; or

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- 83rd Session (2025)
(b) No formal action or proceeding is instituted against a
defendant who has been admitted to bail.
5. The court may delay exoneration of the bond or undertaking
for bail for a period not to exceed 30 days if, at the time the action
or proceeding against a defendant who has been admitted to bail is
dismissed, the defendant:
(a) Has been indicted or is charged with a public offense which
is the same or substantially similar to the charge upon which bail
was first given and which arises out of the same act or omission
supporting the charge upon which bail was first given; or
(b) Requests to remain admitted to bail in anticipation of being
later indicted or charged with a public offense which is the same or
substantially similar to the charge upon which bail was first given
and which arises out of the same act or omission supporting the
charge upon which bail was first given.
 If the defendant has already been indicted or charged, or is later
indicted or charged, with a public offense arising out of the same act
or omission supporting the charge upon which bail was first given,
the bail must be applied to the public offense for which the
defendant has been indicted or charged or is later indicted or
charged, a nd the bond or undertaking must be transferred to the
clerk of the appropriate court. Within 10 days after its receipt, the
clerk of the court to whom the bail is transferred shall mail or
electronically transmit notice of the transfer to the surety on the
bond and the bail agent who executed the bond.
6. Bail given originally on appeal must be deposited with the
magistrate or the clerk of the court from which the appeal is taken.
Sec. 2. This act becomes effective upon passage and approval.

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