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 any 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, 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
(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, and 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.
(Added to NRS by 1967, 1452; A 1979, 1021; 1981, 1585; 2003, 2103; 2017, 275; 2019, 650; 2021, 3582)
Structure Nevada Revised Statutes
Chapter 178 - General Provisions
NRS 178.388 - Presence of defendant.
NRS 178.391 - Second prosecution for same offense prohibited.
NRS 178.397 - Assignment of counsel.
NRS 178.3971 - Appointment of defense team for defendant accused of murder of first degree.
NRS 178.398 - Execution against defendant’s property.
NRS 178.39801 - Collection of fee by certain entities.
NRS 178.39802 - Additional costs and fees for collection.
NRS 178.3982 - "Administrator" defined.
NRS 178.3983 - "Division" defined.
NRS 178.3984 - "Division facility" defined.
NRS 178.39845 - "Forensic facility" defined.
NRS 178.3985 - "Mental disorder" defined.
NRS 178.3986 - "Person with mental illness" defined.
NRS 178.399 - "Treatment to competency" defined.
NRS 178.400 - Incompetent person cannot be tried or adjudged to punishment for public offense.
NRS 178.417 - Certification of person who evaluates competency of defendant required.
NRS 178.420 - Procedure on finding defendant competent.
NRS 178.425 - Procedure on finding defendant incompetent.
NRS 178.430 - Commitment of defendant exonerates bail.
NRS 178.440 - Clerk to certify costs to county or city.
NRS 178.4715 - Notification of victims upon discharge, conditional release or escape.
NRS 178.478 - Motions; affidavits.
NRS 178.482 - Additional time after service by mail.
NRS 178.4853 - Factors considered in reviewing custody status.
NRS 178.487 - Bail after arrest for felony offense committed while on bail.
NRS 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release.
NRS 178.4873 - Postconviction petitioner for habeas corpus: Release pending appeal.
NRS 178.488 - Right to bail upon review; notice of application to be given district attorney.
NRS 178.499 - Increase in amount.
NRS 178.504 - Justification of sureties.
NRS 178.506 - Declaration of forfeiture.
NRS 178.509 - Exoneration of surety before date of forfeiture: Conditions; grounds.
NRS 178.512 - Setting aside forfeiture: Conditions; grounds; when written finding is required.
NRS 178.514 - Enforcement of forfeiture.
NRS 178.516 - Remission of forfeited money.
NRS 178.518 - Payment of forfeited deposits to county treasurer or State Controller.
NRS 178.522 - Exoneration of bail.
NRS 178.524 - Deposit required in certain cases.
NRS 178.526 - Arrest of defendant.
NRS 178.528 - Disposition of money deposited as bail.
NRS 178.532 - Recommitment of defendant after having given bail or deposited money.
NRS 178.534 - Contents of order for recommitment.
NRS 178.536 - Arrest on order of recommitment.
NRS 178.542 - Records: District court.
NRS 178.544 - Records: Justice Court.
NRS 178.546 - Records: Court of Appeals and Supreme Court.
NRS 178.548 - Notification of district attorney when bail bond is forfeited.
NRS 178.554 - Dismissal by district attorney or Attorney General by leave of court.
NRS 178.556 - Dismissal by court for unnecessary delay.
NRS 178.562 - Dismissal or discharge as bar to another prosecution.
NRS 178.564 - Certain offenses for which party injured has civil action may be compromised.
NRS 178.566 - Compromise to be by permission of court; order to bar another prosecution.
NRS 178.568 - No public offense to be compromised except as provided in this title.
NRS 178.5691 - Confidentiality of personal information.
NRS 178.5692 - Investigation by sheriff of threats of harm; protection.
NRS 178.5696 - Separate waiting area; disposition of personal property; fees for testifying.
NRS 178.574 - Order of immunity bar to prosecution; exception.
NRS 178.576 - Failure of witness granted immunity to testify is contempt.
NRS 178.578 - Denial of motion.
NRS 178.582 - Service: When required.
NRS 178.584 - Service: How made.
NRS 178.586 - Notice of orders.
NRS 178.588 - Filing of papers.
NRS 178.589 - Use of facsimile machine.
NRS 178.592 - Calendar of criminal actions: Preparation by clerk.
NRS 178.594 - Order of disposing of issues on calendar.
NRS 178.596 - Exceptions unnecessary.
NRS 178.606 - Docket kept by deputy clerk of justice court; contents.
NRS 178.608 - Rules of justice courts and district courts not to be inconsistent with this title.
NRS 178.610 - Where no procedure specifically prescribed court may proceed in lawful manner.
NRS 178.620 - Enactment; text.
NRS 178.630 - Duties of Director of Department of Corrections.