Committee reviews SB359 to streamline contested hearings and procedures for decriminalized traffic infractions

Senator Melanie Scheibel, sponsor of Senate Bill 359, told the Assembly Judiciary Committee that the bill clarifies courtroom procedures created after AB116 (2021) decriminalized many minor traffic offenses. "SB359 is another follow-up bill to AB116 of the 2021 session, which decriminalized minor traffic offenses," Scheibel said.

Scheibel and the bill's working group — which she said included representatives from Clark and Washoe counties, municipal courts, prosecutors, defenders and the Nevada Supreme Court — described several substantive changes: a statutory process for contested civil-infraction hearings; explicit subpoena authority; guidance that judges may admit evidence at contested hearings under a preponderance-of-the-evidence standard; permission for courts to hear civil-infractions and related criminal complaints together; options for remote hearings; and authority for counties to create civil-penalty traffic rules.

On contested hearings, Scheibel said the bill places evidence and hearing procedures under rules adopted by the Nevada Supreme Court and clarifies that evidence is admissible if sworn and probative. The amendment permits subpoenas for witnesses, including peace officers, and allows officers to submit an affidavit of the evidence they would offer in place of personal attendance. The bill would let courts set bonds for contested hearings below the amount of the citation so people are not forced to post the full fine merely to get a hearing.

Scheibel said consolidation of civil infractions and related criminal complaints is intended to save time and avoid duplicate proceedings. "What we're envisioning is that judges will be able to hear the evidence on both infractions at the same time," she said, adding that the criminal case would still be decided under the criminal standard of proof while the civil infraction would be decided on a preponderance of the evidence.

Supporters included Nick Sczepack of the Fines and Fees Justice Center, who said the bill represents a step toward reducing financial barriers to contesting citations: "Courts that are good actors will, in fact, reduce this bond and make it easier for individuals who are seeking to challenge their tickets," he said. Clark County and the City of Henderson testified as partners in drafting the amendment. Jeff Rogan of Clark County said the draft resolves issues that surfaced since AB116 was enacted.

The Washoe County Public Defender's Office said it had been neutralized from opposition after mandatory language was made permissive. Angela Knott said the office remains neutral but is monitoring how consolidation will work in practice.

Assembly members asked technical questions about subpoenas for peace officers and whether consolidation saves court resources and prevents missed court dates; sponsors replied that subpoenas could be issued by courts as part of local procedure and that consolidated scheduling was intended to reduce missed appearances.

Why it matters: SB359 addresses practical difficulties that courts, prosecutors and defenders have encountered since decriminalization, including burdensome bonds, scheduling and inconsistent procedures across jurisdictions. The bill aims to standardize contested-hearing practice and reduce procedural barriers to adjudication.

Ending: The committee closed the hearing after testimony and questions; sponsors and stakeholders said they would continue coordination with courts to finalize operational details.