NRS 62C.073 Citation for alcohol or marijuana offense; notification of parent or guardian of child.

401 words·~2 min read·/nv/chapter-62c-procedure-before-adjudication/62c-073

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A peace officer may prepare and issue a citation in the same manner in which a traffic citation is prepared and issued pursuant to NRS 62C.070 if the child is stopped or otherwise detained by the peace officer for:

(a)A violation of NRS 202.020 ;

(b)A violation of a city or county ordinance relating to the consumption or possession of alcohol;

(c)A violation of subsection 4 of NRS 453.336 for possession of 1 ounce or less of marijuana; or

(d)A violation of a city or county ordinance relating to the possession of 1 ounce or less of marijuana.

2. If a child who is issued a citation pursuant to subsection 1 executes a written promise to appear in court by signing the citation, the peace officer:

(a)Shall deliver a copy of the citation to the child; and

(b)Shall not take the child into physical custody for the violation unless:

(1)The peace officer believes that there is an imminent risk to the safety of the child or an imminent risk of harm to the child; and

(2)The safety of the child will not be ensured by placing the child with:

(I)An adult relative of the child;

(II)A treatment facility; or

(III)A shelter designed to assist children who run away from their parent or guardian or are victims of sex trafficking, other than a shelter used for the protection of children pursuant to the provisions of chapter 432B of NRS.

3. If a child who is issued a citation refuses to execute a written promise to appear in court but physically receives a copy of the citation delivered by the peace officer:

(a)The receipt shall be deemed personal service of the notice to appear in court;

(b)A copy of the citation signed by the peace officer suffices as proof of service; and

(c)The peace officer shall not take the child into physical custody for the violation.

4. At the time that a child is issued a citation pursuant to subsection 1, the peace officer shall make reasonable attempts to notify a parent or guardian of the child, and a peace officer shall not take the child into custody by reason alone of being unable to contact the parent or child of the guardian.