Revises provisions relating to governmental administration. (BDR 20-1076)

(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT S.B. 381

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SENATE BILL NO. 381–SENATORS OHRENSCHALL; AND STONE

MARCH 17, 2025
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to governmental
administration. (BDR 20-1076)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

CONTAINS UNFUNDED MANDATE (§ 22)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)

~

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

AN ACT relating to governmental administration; authorizing a
sheriff or constable to appoint a civil enforcement officer;
authorizing the electronic sale of real property und er
execution; authorizing a sheriff or constable to enter into
a contract to conduct such a sale; revising the powers and
duties of certain persons under the direction and
supervision of a constable or sheriff; revising the powers
and duties of sheriffs, c onstables and deputy constables;
revising the qualifications of constables; eliminating the
authority of certain boards of county commissioners to
abolish the office of constable in certain townships;
revising provisions relating to the service, execution and
enforcement of certain process, writs and remedies;
revising provisions relating to duties required of certain
officers for unlawful or riotous assemblies; repealing a
provision authorizing a magistrate to depute a person to
act as constable under cert ain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a sheriff to appoint one or more deputies who are 1
authorized to perform all the duties devolving on the sheriff of the county a nd such 2
other duties as the sheriff may from time to time direct. (NRS 248.040) Section 2 3
of this bill authorizes a sheriff to appoint civil enforcement officers who are 4
authorized to perform certain duties of the sheriff relating to the service, posting 5

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and enforcement of certain notices and writs. Section 7 of this bill similarly 6
authorizes a constable to appoint such officers. Section 25 of this bill provides that 7
a civil enforcement officer is not governed by certain provisions set forth in 8
existing law for the licensure and regulation of process servers who are not peace 9
officers. (NRS 648.014) 10
Existing law further provides that a person who is employed as clerical or 11
operational staff of a constable does not have the powers of a peace officer and 12
prohibits such a person from possessing or carrying a weapon or concealed firearm 13
while performing his or her official duties. (NRS 258.065) Section 9 of this bill 14
makes such provisions, with certain exceptions, applicable to any person who 15
works under the di rection and supervision of a constable, including, without 16
limitation, an appointee, employee, contractor or volunteer of the constable , and 17
removes the prohibition for such persons to possess or carry a weapon while 18
performing his or her official duties. Section 14 of this bill removes language made 19
duplicative by the provisions of section 9. 20
Existing law requires all sales of property under execution to be made at 21
auction to the highest bidder and requires such an auction to take place between the 22
hours of 9 a.m. and 5 p.m. at the courthouse of the county in which the property or 23
some part thereof is situated. (NRS 21.150) Section 19 of this bill authorizes such a 24
sale of real property to be conducted on the Internet website of an operator of an 25
online auction for real property or other electronic means. Sections 3 and 8 of this 26
bill authorize a sheriff and constable, respectively, to enter into a contract with such 27
an operator to sell the property by an auction conducted on the Internet website of 28
the operator or other electronic means. 29
Existing law requires a sheriff to take property which i s the subject of a claim 30
to delivery and described in a writ of possession if it is in the possession of a 31
defendant or an agent of the defendant and retain it in his or her custody. (NRS 32
31.840, 31.870) If the property, or any part of the property, is con cealed in a 33
building or enclosure, existing law requires the sheriff to publicly demand delivery 34
of the property. If the property is not delivered, existing law requires the sheriff to 35
cause the building or enclosure to be broken open and to take the prope rty and 36
authorizes, if necessary, the sheriff to call the power of the sheriff’s county to his or 37
her aid. (NRS 31.920) Sections 4 and 10 of this bill provide that a sheriff or 38
constable is subject to such requirements after the receipt of any writ or orde r that 39
directs the sheriff or constable to take the property described in it. Section 27 of 40
this bill repeals a provision concerning writs of possession which is made 41
duplicative by the provisions of sections 4 and 10. 42
Section 11 of this bill removes a requirement for each constable of a township 43
whose population is 15,000 or more, or a township that has within its boundaries a 44
city whose population is 15,000 or more, to become certified by the Peace Officers’ 45
Standards and Training Commission as a categ ory I or category II peace officer 46
within 1 year after the date on which the constable commences his or her term of 47
office or appointment. 48
Existing law: (1) requires any person who is a candidate for the office of 49
constable in a township whose population is 100,000 or more to be certified by the 50
Commission as a category I or category II peace officer before filing a declaration 51
of candidacy for the office; and (2) provides that a constable forfeits his or her 52
office if he or she does not maintain such a certification. (NRS 258.007) Section 11 53
instead: (1) requires that a person who is a candidate for the office of constable in a 54
township whose population is 100,000 or more in a county whose population is 55
100,000 or more to be certified by the Commission as a category I or category II 56
peace officer before filing a declaration of candidacy for the office; and (2) 57
provides that a constable forfeits his or her office if he does not maintain such a 58
certification. 59

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Existing law authorizes a constable to appoint d eputies who are authorized to 60
transact all official business pertaining to the office to the same extent as their 61
principals and sets forth certain requirements for such a position, including a 62
requirement for a person who is appointed as a deputy constabl e in certain 63
townships to be certified by the Commission as a category I or category II peace 64
officer before commencing his or her employment. (NRS 258.060) Section 13 of 65
this bill instead prohibits any deputy constable from being appointed unless he or 66
she is so certified. 67
Existing law requires a constable or deputy constable who is authorized to carry 68
a firearm to receive training approved by the Commission in the use of firearms at 69
least once every 6 months. (NRS 258.070) Section 15 of this bill requires such 70
training to include any continuing education that addresses firearms and is required 71
for a category II officer, including, without limitation, any requirements concerning 72
the demonstration of a minimum level of proficiency in the use of firearms. 73
Section 15 further prohibits, with certain exceptions, a constable from 74
executing any writ, warrant or other order of a court in a criminal case unless the 75
writ, warrant or order is delivered to the constable for execution by certain 76
appropriate persons. 77
Existing law authorizes the board of county commissioners in a county which 78
includes only one township to, by resolution, appoint the sheriff ex officio 79
constable to serve without additional compensation. Additionally, if a board of 80
county commissioners in a county whose population is less than 700,000 (currently 81
all counties other than Clark County) which includes more than one township or a 82
county whose population is 700,000 or more (currently only Clark County) 83
determines that the office of constable is not necessary in one or more townships, 84
existing law authorizes a board of county commissioners to abolish the office of 85
constable in a township and to appoint the sheriff ex officio constable. (NRS 86
258.010) Section 12 of this bill instead authorizes a board of county commissioners 87
in any county which includes more than one township to take such actions under 88
such circumstances. 89
Existing law authorizes a constable to perform, with respect to certain 90
provisions concerning writs of execution, garnishment an d attachment, any of the 91
duties assigned to a sheriff and provides that the constable has all of the authority 92
granted to a sheriff with respect to such provisions. (NRS 21.111, 31.235) Sections 93
18 and 20 of this bill instead provide that for certain provi sions concerning 94
remedies, including writs of attachment, garnishment and arrest and bail, as well as 95
certain provisions concerning the enforcement of certain judgments including writs 96
of execution or garnishment, a constable is authorized to perform any o f the duties 97
assigned to a sheriff and provides that the constable has all of the authority granted 98
to a sheriff with respect to any process, writ or order in a civil case. 99
Existing law authorizes execution on a writ of garnishment to occur only if the 100
sheriff mails a copy of the writ with a copy of the notice of execution to the 101
defendant in a certain manner and provides that, in the case of a writ of 102
garnishment that continues for 180 days or until the amount demanded in the writ is 103
satisfied, a copy of the writ and the notice of execution need only be mailed once to 104
the defendant. (NRS 31.260) Section 21 of this bill instead: (1) requires the sheriff 105
to mail a copy of the writ of garnishment and the writ of execution with the copy of 106
the notice of execut ion; and (2) provides that in the case of a writ of garnishment 107
that continues for 180 days or until the amount demanded in the writ is satisfied, a 108
copy of the writ of execution and the notice of execution need only be mailed once 109
to the defendant. 110
Existing law requires, when six or more persons are unlawfully or riotously 111
assembled in any town, the sheriff of the county and the sheriff’s deputies or the 112
constable of the town and the justice of the peace to: (1) go among the persons so 113
assembled and command such persons in the name of the people of the United 114

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States and the State of Nevada to disperse immediately; and (2) if such persons do 115
not disperse, arrest them. Further, existing law provides that a magistrate or officer 116
who neglects or refuses t o proceed to the place of assembly and exercise such 117
powers is guilty of a misdemeanor. (NRS 269.230) Section 22 of this bill: (1) 118
removes such a duty from a magistrate or constable; (2) places such a duty upon the 119
chief of police or his or her peace officers; and (3) instead requires such a command 120
to only be given in the name of the people of the State of Nevada. 121
Existing law authorizes a magistrate to depute in writing any suitable and 122
discreet person to act as constable when no constable is at hand and the nature of 123
the business requires immediate action. (NRS 171.116) Existing law additionally 124
provides that any constable who willfully refuses to arrest any person charged with 125
a criminal offense is guilty of a gross misdemeanor and requires such a const able to 126
be removed from office. (NRS 258.110) Section 27 repeals such provisions. 127

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

Section 1. Chapter 248 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. 1. A sheriff may appoint civil enforcement officers 3
who are authorized to transact the business de scribed in 4
subsection 2. A civil enforcement officer must be at least 18 years 5
of age. The appointment of a civil enforcement officer must not be 6
construed to confer upon that civil enforcement officer 7
policymaking authority for the office of the sheriff o r the county 8
by which the sheriff is employed. 9
2. A civil enforcement officer appointed pursuant to this 10
section may: 11
(a) Serve any civil process or post any public notice that the 12
sheriff is authorized to serve or post, other than a writ of habeas 13
corpus, including, without limitation, a letter of demand, 14
summons, complaint, subpoena or eviction notice; 15
(b) Execute a writ of garnishment; and 16
(c) Post or enforce an order for removal of a tenant in a 17
summary eviction action or a writ of restitution. 18
3. No civil enforcement officer is qualified to act as such 19
unless he or she has taken an oath to discharge the duties of the 20
office faithfully and impartially. The oath, together with the 21
written appointment, must be recorded in the office of the recorder 22
of the county within which the sheriff legally holds and exercises 23
office. Revocations of such appointments must be recorded as 24
provided in this subsection. From the time of the recording of the 25
appointments or revocations thereof, persons shall be deemed to 26
have notice of the appointments or revocations. 27
4. The sheriff may require of his or her civil enforcement 28
officers such bonds as the sheriff deems proper. 29

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5. Nothing in this section shall be construed to confer upon a 1
civil enforcement officer the powers of a peace officer pursuant to 2
NRS 289.150 to 289.360, inclusive, or authorize a civil 3
enforcement officer appointed pursuant to this section to: 4
(a) Serve any process in a criminal case or a writ of habeas 5
corpus; 6
(b) Summon a jury; 7
(c) Enforce any order other than those described in subsection 8
2; or 9
(d) Execute an order of arrest. 10
Sec. 3. 1. A sheriff may enter into a contract with an 11
operator of an online auction for real property to sell real property 12
under execution pursuant to NRS 21.150 by an auction conducted 13
on the Internet website of the operator or other electronic means. 14
2. Nothing in this section shall be construed to relieve the 15
sheriff of any duty to provide notice concerning the sale of such 16
property pursuant to chapter 21 of NRS or authorize the sheriff to 17
delegate such duties to the operator of an online auction for real 18
property. 19
3. As used in this section, “operator of an online auction for 20
real property” means a person or entity who is engaged in the 21
business of holding, conducting or carrying on an auction for real 22
property by electronic means. 23
Sec. 4. 1. If, after the receipt of any writ or order that 24
directs a sheriff to take the property described in the writ or order, 25
the property, or any part thereof, is concealed in a building or 26
enclosure, the sheriff shall publicly demand delivery of the 27
property. If the property is not delivered, the sheriff shall cause the 28
building or enclosure to be broken ope n, and take the property 29
into his or her possession. 30
2. If necessary to carry out the provisions of this section, the 31
sheriff may call to his or her aid the power of the county of the 32
sheriff. 33
Sec. 5. (Deleted by amendment.) 34
Sec. 6. Chapter 258 of NRS is hereby amended by adding 35
thereto the provisions set forth as sections 7 to 10, inclusive, of this 36
act. 37
Sec. 7. 1. A constable may appoint civil enf orcement 38
officers who are authorized to transact the business described in 39
subsection 2. A civil enforcement officer must be at least 18 years 40
of age. The appointment of a civil enforcement officer must not be 41
construed to confer upon that civil enforcemen t officer 42
policymaking authority for the office of the constable or the 43
county by which the constable is employed. 44

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2. A civil enforcement officer appointed pursuant to this 1
section may: 2
(a) Serve any civil process or post public notice that the 3
constable is authorized to serve or post, other than a writ of 4
habeas corpus, including, without limitation, a letter of demand, 5
summons, complaint, subpoena or eviction notice; 6
(b) Execute a writ of garnishment; and 7
(c) Post or enforce an order for removal of a tenant in a 8
summary eviction action or a writ of restitution. 9
3. No civil enforcement officer is qualified to act as such 10
unless he or she has taken an oath to discharge the duties of the 11
office faithfully and impartially. The oath, together with the 12
written appointment, must be recorded in the office of the recorder 13
of the county within which the constable legally holds and 14
exercises office. Revocations of such appointments must be 15
recorded as provided in this subsection. From the time of the 16
recording of the appointments or revocations thereof, persons 17
shall be deemed to have notice of the appointments or revocations. 18
4. A constable is responsible for the compensation of a civil 19
enforcement officer appointed pursuant to this section and is 20
responsible on his or her official bonds for all official malfeasance 21
of the same. A constable may require a civil enforcement officer to 22
post a bond for the faithful performance of his or her official 23
duties. 24
5. Nothing in this section shall be construed to confe r upon a 25
civil enforcement officer the powers of a peace officer pursuant to 26
NRS 289.150 to 289.360, inclusive, or authorize a civil 27
enforcement officer appointed pursuant to this section to: 28
(a) Serve any process in a criminal case or a writ of habeas 29
corpus; 30
(b) Summon a jury; 31
(c) Enforce any order other than those described in subsection 32
2; or 33
(d) Execute an order of arrest. 34
Sec. 8. 1. A constable may enter into a contract with an 35
operator of an online auction for real property to sell real property 36
under execution pursuant to NRS 21.150 by an auction conducted 37
on the Internet website of the operator or other electronic means. 38
2. Nothing in this section shall be construed to relieve the 39
constable of any duty to provide notice concerning the sale of such 40
property pursuant to chapter 21 of NRS or authorize the constable 41
to delegate such duties to the operator of an online auction for 42
real property. 43
3. As used in this section, “operator of an online auction for 44
real property” means a person or entity who is engaged in the 45

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business of holding, conducting or carrying on an auction for real 1
property by electronic means. 2
Sec. 9. Except as otherwise provided in NRS 258.070, no 3
person who wo rks under the direction and supervision of a 4
constable, including an appointee, employee, contractor or 5
volunteer of the constable: 6
1. Has the powers of a peace officer. 7
2. May, while performing the duties of his or her position or 8
any other duties of the office of the constable, possess or carry a 9
firearm, as defined in NRS 202.253, regardless of whether the 10
person possesses a permit to carry a concealed firearm issued 11
pursuant to NRS 202.3653 to 202.369, inclusive. 12
Sec. 10. 1. If, after the receipt of a writ or order that directs 13
a constable to take the property described in the writ or order, the 14
property, or any part thereof, is concealed in a building or 15
enclosure, the constable shall publicly demand delivery of t he 16
property. If the property is not delivered, the constable shall cause 17
the building or enclosure to be broken open, and take the property 18
into his or her possession. 19
2. If necessary to carry out the provisions of this section, the 20
constable may call to his or her aid the power of the county of the 21
constable. 22
Sec. 11. NRS 258.007 is hereby amended to read as follows: 23
258.007 1. [Except as otherwise provided in subsection 2, 24
each constable of a township whose population is 15,000 or more or 25
a township that has within its boundaries a city whose population is 26
15,000 or more shall become certified by the Peace Officers’ 27
Standards and Training Commission as a category I or category II 28
peace officer within 1 year after the date on which the constable 29
commences his or her term of office or appointment unless the 30
Commission, for good cause shown, grants in writing an extension 31
of time, which must not exceed 6 months. 32
2. Any] In a county whose population is 100,000 or more, any 33
person who is a candidate for the office of constable in a township 34
whose population is 100,000 or more must be certified by the Peace 35
Officers’ Standards and Training Commission as a category I or 36
category II peace officer before filing a declaration of candidacy for 37
the office. A person who does not comply with the provisions of this 38
subsection is not eligible to be a candidate for the office of 39
constable. 40
[3.] 2. A constable forfeits his or her offic e and a vacancy is 41
created which must be filled in accordance with NRS 258.030 if the 42
constable [: 43
(a) Does not become certified by the Peace Officers’ Standards 44
and Training Commission as required pursuant to subsection 1; or 45

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(b) Does] does not maintain the certification by the Peace 1
Officers’ Standards and Training Commission required pursuant to 2
subsection 1 [or 2] during his or her term of office. 3
Sec. 12. NRS 258.010 is hereby amended to read as follows: 4
258.010 1. Except as otherwise provided in subsections 2 and 5
3: 6
(a) Constables must be elected by the qualified electors of their 7
respective townships. 8
(b) The constables of the several townships of the State must be 9
chosen at the general election of 1 966, and shall enter upon the 10
duties of their offices on the first Monday of January next 11
succeeding their election, and hold their offices for the term of 4 12
years thereafter, until their successors are elected and qualified. 13
(c) Constables must receive c ertificates of election from the 14
boards of county commissioners of their respective counties. 15
2. In a county which includes only one township, the board of 16
county commissioners may, by resolution, appoint the sheriff ex 17
officio constable to serve without additional compensation. The 18
resolution must not become effective until the completion of the 19
term of office for which a constable may have been elected. 20
3. In a county [whose population: 21
(a) Is less than 700,000, ] which includes more than one 22
township, if the board of county commissioners determines that the 23
office of constable is not necessary in one or more townships within 24
the county, it may, by ordinance, abolish the office of constable in 25
those townships. 26
[(b) Is 700,000 or more, if the board of county commissioners 27
determines that the office of constable is not necessary in one or 28
more townships within the county, it may, by ordinance, abolish the 29
office in those townships. 30
] For a township in which the offi ce of constable has been 31
abolished, the board of county commissioners may, by resolution, 32
appoint the sheriff ex officio constable to serve without additional 33
compensation. 34
Sec. 13. NRS 258.060 is hereby amended to read as follows: 35
258.060 1. All constables may appoint deputies, who are 36
authorized to transact all official business pertaining to the office to 37
the same extent as their principals. A person must not be appointed 38
as a deputy constable unless the person has bee n a resident of the 39
State of Nevada for at least 6 months before the date of the 40
appointment [. A person who is appointed as a deputy constable in a 41
township whose population is 15,000 or more or a township that has 42
within its boundaries a city whose population is 15,000 or more may 43
not commence employment as a deputy constable until the person ] 44
and is certified by the Peace Officers’ Standards and Training 45

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Commission as a category I or category II peace officer. The 1
appointment of a deputy constable must n ot be construed to confer 2
upon that deputy policymaking authority for the office of the county 3
constable or the county by which the deputy constable is employed. 4
2. Constables are responsible for the compensation of their 5
deputies and are responsible on their official bonds for all official 6
malfeasance or nonfeasance of the same. Bonds for the faithful 7
performance of their official duties may be required of the deputies 8
by the constables. 9
3. If a constable of an office established by the board of county 10
commissioners as an enterprise fund appoints a deputy, the 11
compensation of the deputy must be approved by the board of 12
county commissioners. 13
4. All appointments of deputies under the provisions of this 14
section must be in writing and must, together with the oath of office 15
of the deputies, be filed and recorded within 30 days after the 16
appointment in a book provided for that purpose in the office of the 17
recorder of the county within which the constable legally holds and 18
exercises his or her office. Revocat ions of such appointments must 19
also be filed and recorded as provided in this section within 30 days 20
after the revocation of the appointment. From the time of the filing 21
of the appointments or revocations therein, persons shall be deemed 22
to have notice of the same. 23
Sec. 14. NRS 258.065 is hereby amended to read as follows: 24
258.065 1. The constable of a township may, subject to the 25
approval of the board of county commissioners, appoint such 26
clerical and operational staff a s the work of the constable requires. 27
The compensation of any person so appointed must be fixed by the 28
board of county commissioners. 29
2. [A person who is employed as clerical or operational staff of 30
a constable: 31
(a) Does not have the powers of a peace officer; and 32
(b) May not possess a weapon or carry a firearm, regardless of 33
whether the person possesses a permit to carry a concealed firearm 34
issued pursuant to NRS 202.3653 to 202.369, inclusive, while 35
performing the duties of the office of the constable. 36
3.] The board of county commissioners may appoint for the 37
constable of a township a reasonable number of clerks. The 38
compensation of any clerk so appointed must be fixed by the board 39
of county commissioners. 40
[4.] 3. A constable’s clerk shall take the constitutional oath of 41
office and give bond in the sum of $2,000 for the faithful discharge 42
of the duties of the office, and in the same manner as is or may be 43
required of other officers of that township and county. 44

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[5.] 4. A constable’s clerk shall do all clerical work in 1
connection with keeping the records and files of the office, and shall 2
perform such other duties in connection with the office as the 3
constable shall prescribe. 4
Sec. 15. NRS 258.070 is hereby amended to read as follows: 5
258.070 1. Subject to the provisions of subsections 2 and 3, 6
each constable shall: 7
(a) Be a peace officer. 8
(b) Execute the process, writs or warrants of courts of justice, 9
judicial officers and coroners, when delivered to the constable for 10
that purpose. 11
(c) Discharge such other duties as are or may be prescribed by 12
law. 13
2. Subject to the provisions of subsection 3, a constable or 14
deputy constable has the powers of a peace officer: 15
(a) For the discharge of duties as are or m ay be prescribed by 16
law; 17
(b) For the purpose of arresting a person for a public offense 18
committed or attempted in the presence of the constable or deputy 19
constable, if the constable or deputy constable has reasonable cause 20
to believe that the arrest is necessary to prevent harm to other 21
persons or the escape of the person who committed or attempted the 22
public offense; and 23
(c) In addition to the circumstances described in paragraphs (a) 24
and (b): 25
(1) In an area within the limits of an incorporated city, for the 26
purposes authorized by and with the consent of the chief of police of 27
the city; and 28
(2) In an area that is not within the limits of an incorporated 29
city, for the purposes authorized by and with the consent of the 30
sheriff of the county. 31
3. The constable and each deputy constable of a township shall 32
not carry a firearm in the performance of his or her duties unless: 33
(a) The constable has adopted a written policy on the use of 34
deadly force by the constable and each deputy constable; and 35
(b) The constable and each deputy constable has received 36
training regarding the policy. 37
4. A constable or deputy constable authorized to carry a 38
firearm pursuant to subsection 3 must receive training approved by 39
the Peace Officers’ Standards and Training Commiss ion in the use 40
of firearms at least once every 6 months. This training must include 41
any continuing education that addresses firearms and is required 42
for a category II peace officer by the standards established by the 43
Peace Officers’ Standards and Training Commission pursuant to 44
subsection 2 of NRS 289.510, including, without limitation, any 45

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requirements concerning the demonstration of a minimum level of 1
proficiency in the use of firearms. 2
5. A constable or deputy constable who wears a uniform in the 3
performance of his or her duties shall display prominently as part of 4
that uniform a badge, nameplate or other uniform piece which 5
clearly displays the name or an identification number of the 6
constable or deputy constable. 7
6. Pursuant to the procedures and su bject to the limitations set 8
forth in chapters 482 and 484A to 484E, inclusive, of NRS, a 9
constable may issue a citation to an owner or driver, as appropriate, 10
of a vehicle which is located in his or her township at the time the 11
citation is issued and whic h is required to be registered in this State 12
if the constable determines that the vehicle is not properly 13
registered. Upon the imposition of punishment pursuant to NRS 14
482.385 on the person to whom the citation is issued, the constable 15
is entitled to charg e and collect a fee of $100 from the person to 16
whom the citation is issued, which: 17
(a) Must be collected by a court that imposes punishment 18
pursuant to NRS 482.385 on behalf of the constable who issued the 19
citation and forwarded by the court to the constable; and 20
(b) May be retained by the constable as compensation. 21
7. If a sheriff or the sheriff’s deputy in any county in this State 22
arrests a person charged with a criminal offense or in the 23
commission of an offense, the sheriff or the sheriff’s deputy s hall 24
serve all process, whether mesne or final, and attend the court 25
executing the order thereof in the prosecution of the person so 26
arrested, whether in a justice court or a district court, to the 27
conclusion, and whether the offense is an offense of which a justice 28
of the peace has jurisdiction, or whether the proceeding is a 29
preliminary examination or hearing. The sheriff or the sheriff’s 30
deputy shall collect the same fees and in the same manner therefor 31
as the constable of the township in which the justi ce court is held 32
would receive for the same service. 33
8. Except as otherwise provided in this subsection or by 34
specific statute, a constable shall not enforce any writ, warrant or 35
other order of a court in a criminal case unless the writ, warrant 36
or order is delivered to the constable for execution by the Attorney 37
General, a district attorney, a sheriff or other appropriate person. 38
Notwithstanding the provisions of this subsection, a constable may 39
execute a warrant for arrest which is issued for a failure to appear 40
if the constable or deputy of the constable previously issued the 41
citation which is the subject of the case to the person who is the 42
subject of the warrant. 43
Sec. 16. (Deleted by amendment.) 44
Sec. 17. (Deleted by amendment.) 45

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Sec. 18. NRS 21.111 is hereby amended to read as follows: 1
21.111 A constable may perform any of the duties assigned to 2
a sheriff and has all of the authority gra nted to a sheriff pursuant to 3
this chapter with respect to [a] any process, writ [of execution] or 4
[garnishment.] order in a civil case. 5
Sec. 19. NRS 21.150 is hereby amended to read as follows: 6
21.150 1. All sales of property under execution must be made 7
at auction to the highest bidder between the hours of 9 a.m. and 5 8
p.m. [All] Except as otherwise provided by subsection 7, sales of 9
real property must be made at the courthouse of the county in which 10
the property or some part thereof is situated. 11
2. After sufficient property has been sold to satisfy the 12
execution, more property must not be sold. 13
3. The officer holding the execution and the officer’s deputy 14
shall not become a purchaser or be interested in any purchase at 15
such sale. 16
4. When the sale is of personal property capable of manual 17
delivery, it shall be in view of those who attend the s ale and be sold 18
in such parcels as are likely to bring the highest price. 19
5. Except as otherwise provided in subsection 6, when the sale 20
is of real property and consisting of several known lots or parcels, 21
they shall be sold separately, or when a portion of such real property 22
is claimed by a third person and the third party requires it to be sold 23
separately, such portion shall be thus sold. If the land to be sold 24
under execution consists of a single parcel, or two or more 25
contiguous parcels, situated in two or more counties, notice of the 26
sale must be posted and published in each of such counties, as 27
provided in this chapter. The judgment debtor, if present at the sale, 28
may also direct the order in which property, real or personal, shall 29
be sold. When suc h property consists of several known lots or 30
parcels, or of articles which can be sold to advantage separately, the 31
sheriff shall be bound to follow such directions. 32
6. The provisions of subsection 5 do not apply to a sale 33
pursuant to NRS 40.430. 34
7. If a sheriff or constable enters into a contract with an 35
operator of an online auction for real property p ursuant to section 36
3 or 8 of this act, respectively, sales of real property conducted 37
pursuant to this section may be conducted by an auction on the 38
Internet website of the operator or by other electronic means . As 39
used in this subsection, “operator of an online auction for real 40
property” has the meaning ascribed to it in section 3 of this act. 41
Sec. 20. NRS 31.235 is hereby amended to read as follows: 42
31.235 A constable may perform any of the duties assigned to 43
a sheriff and has all of the authority granted to a sheriff pursuant to 44

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this chapter with respect to [a] any process, writ [of attachment.] or 1
order in a civil case. 2
Sec. 21. NRS 31.260 is hereby amended to read as follows: 3
31.260 1. The writ of garnishment must: 4
(a) Be issued by the sheriff. 5
(b) Contain the name of the court and the names of the parties. 6
(c) Be directed to the garnishee defendant. 7
(d) State the name and address of the plaintiff’s attorney, if any, 8
otherwise the plaintiff’s address. 9
(e) Require each person the court directs, as garnishees, to 10
submit to the sheriff an answer to the interrogatories within 20 days 11
after service of the writ upon the person. 12
2. The writ of garnishment must also notify the garnishee 13
defendant that, if the garnishee defendant fails to answer the 14
interrogatories, a judgment by default will be rendered against the 15
garnishee defendant for: 16
(a) The amount demanded in the writ of garnishment or the 17
value of the property described in the writ, as the case may be; or 18
(b) If the garnishment is pursuant to NRS 31.291, the amount of 19
the lien created pursuant to that section, 20
 which amount or property must be clearly set forth in the writ of 21
garnishment. 22
3. Execution on the writ of garnishment may occur only if the 23
sheriff mails a copy of the writ of garnishment and the writ of 24
execution with a copy of the notice of execution to the defe ndant in 25
the manner and within the time prescribed in NRS 21.076. In the 26
case of a writ of garnishment that continues for 180 days or until the 27
amount demanded in the writ is satisfied, a copy of the writ of 28
execution and the notice of execution need only be mailed once to 29
the defendant. 30
Sec. 22. NRS 269.230 is hereby amended to read as follows: 31
269.230 1. When six or more persons, whether armed or not, 32
shall be unlawfully or riotously assembled in any town, the sheriff 33
of the county [and the sheriff’s ] or his or her deputies [,] or the 34
[constable of the town, and the justice of the peace ] chief of police 35
of the city or his or her peace officers, as applicable, shall go 36
among the persons so assembled, or as near as possible, and shall 37
command them, in the name of the people of [the United States and] 38
the State of Nevada, to disperse immediately. 39
2. If the persons assembled do not immediately disperse, the 40
[magistrates and ] officers shall arrest them, that they be punished 41
according to law, and for that purpose may command the aid of all 42
persons present or within the county. 43
3. If [a magistrate or] an officer, having notice of an unlawful 44
or riotous assembly, a s provided in subsection 1, [neglect] neglects 45

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or [refuse] refuses to proceed to the place of assembly, or as near 1
thereto as the [magistrate or] officer can with safety, and to exercise 2
the authority with which the [magistrate or] officer is invested for 3
suppressing the same and arresting the offenders, the [magistrate or] 4
officer shall be deemed guilty of a misdemeanor, and shall be 5
punished accordingly. 6
Sec. 23. (Deleted by amendment.) 7
Sec. 24. (Deleted by amendment.) 8
Sec. 25. NRS 648.014 is hereby amended to read as follows: 9
648.014 “Process server” means a person, other than a peace 10
officer of the State of Nevada [,] or a civil enforcement officer who 11
is appointed pursuant to section 2 or 7 of this act, who engages in 12
the business of serving legal process within this State. 13
Sec. 26. The provisions of NRS 354.599 do not apply to any 14
additional expenses of a local government that are related to the 15
provisions of this act. 16
Sec. 27. NRS 31.920, 171.116 and 258.110 are hereby 17
repealed. 18

TEXT OF REPEALED SECTIONS

31.920 Sheriff may take concealed property by force after
demand. If the property, or any part thereof, be concealed in a
building or enclosure, the sheriff shall publicly demand its delivery.
If it be not delivered, the sheriff shall cause the building or
enclosure to be broken open, and take the property into the sheriff’s
possession, and, if necessary, the sheriff may call to the sheriff’s aid
the power of the sheriff’s county.
171.116 When magistrate may depute person to act as
constable. A magistrate may depute in writing any suitable and
discreet person to act as consta ble when no constable is at hand and
the nature of the business requires immediate action.
258.110 Unlawful failure to arrest offender; penalty. Any
constable who willfully refuses to arrest any person charged with a
criminal offense is guilty of a gros s misdemeanor and shall be
removed from office.

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