Revises provisions relating to bail. (BDR 14-725)

S.B. 163

- *SB163*

SENATE BILL NO. 163–SENATOR ELLISON

PREFILED FEBRUARY 3, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to bail. (BDR 14-725)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.

~

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

AN ACT relating to criminal procedure; revising provisions
governing bail; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a court to revoke the bail of a defendant upon a 1
showing that the defendant committed a felony during the period of rel ease. 2
Existing law also authorizes a defendant to be held without bail pending the hearing 3
on the revocation. (NRS 178.487) Upon such a showing, section 1 of this bill 4
requires the bail of the defendant to be revoked and the defendant to be held 5
without further bail pending trial of the offense for which the bail was revoked. 6
Section 2 of this bill makes a conforming change by repealing certain 7
procedures that contemplate the pretrial release of a defendant who was arrested for 8
certain felonies while admitted to bail. (NRS 178.4855) 9

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

Section 1. NRS 178.487 is hereby amended to read as follows: 1
178.487 Every release on bail with or without security is 2
conditioned upon the defendant’s good behavior while so released , 3
and upon a showing that the proof is evident or the presumption 4
great that the defendant has committed a felony during th e period of 5
release, the defendant’s bail [may] must be revoked, after a hearing, 6
by the magistrate who allowed it or by any judge of the court in 7
which the original charge is pending [. Pending such revocation, ] 8
and the defendant [may] must be held without further bail [by order 9
of the magistrate before whom the defendant is brought after an 10

– 2 –

- *SB163*
arrest upon the second charge. ] pending trial of the offense for 1
which the revocation was ordered by the court. 2
Sec. 2. NRS 178.4855 is hereby repealed. 3

TEXT OF REPEALED SECTION

178.4855 Limitations on release without bail of certain
defendants who are taken into custody while admitted to bail on
other charges; notice to bail agent required. A defendant
charged with the commission of a category A or B felony who is
admitted to bail on a surety bond and who:
1. While admitted to bail, is taken into custody in the same
jurisdiction in which the defendant was admitted to bail and is
charged with the commission of another category A or B felony; and
2. Is ordered to be released from custody without bail,
 must not be released from custody pursuant to NRS 178.4851 until the
law enforcement agency that conducted the initial booking procedure for
the defendant for the subseq uent felony has notified the bail agent that
issued the surety bond of the release of the defendant.

H