Statute 62c 073

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

he 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. (Added to NRS by 2021, 855)