Nevada governor signs laws ending arrests, suspensions for those who can't afford minor traffic tickets
Submitted by Jeff Munson on Tue, 06/08/2021 - 4:43pm
Nevada Gov. Steve Sisolak signed two pieces of legislation into law Tuesday that ends Nevada’s practice of issuing arrest bench warrants and suspending an individual’s driver’s license when they can’t afford to pay fines and fees from a minor traffic ticket.
AB 116 decriminalizes minor traffic violations — making them civil infractions and ending the widespread practice of issuing warrants for outstanding traffic debt. AB116 builds on a successful model established by Carson City, which stopped issuing warrants in traffic cases in 2019.
Carson City’s collection rate increased by 8.5 percent following implementation.
Nevada was one of only 13 U.S. states that still prosecutes minor traffic violations as criminal offenses, rather than as civil infractions.
"Prior to this legislation’s passage, people who were unable to pay traffic fines and fees for minor violations such as driving with an expired vehicle registration or driving with a broken tail light could be arrested and even incarcerated,” said Assemblywoman Rochelle Nguyen, lead sponsor of AB116.
Nevada’s Justice and Municipal Courts have issued hundreds of thousands of arrest warrants over the years. When the pandemic forced courts to close in March last year, 270,000 traffic warrants were outstanding in the Las Vegas Justice Court alone.
Advocates of the legislation argued warrants are a counterproductive and expensive method of coercing people to pay a traffic ticket. In Clark County, the average person arrested on a traffic warrant spends almost three days in jail at a cost to taxpayers of over $400.
"The harm to the individual and their family is even greater. Three days in jail often costs a person their job, their housing, and even their children, making it far more difficult to earn the money to pay their court debt or to care for themselves or their families, according to a news release from the national group, Fines and Fees Justice Center.
“These new laws are a win-win for struggling families and the Nevada economy,” added Leisa Moseley, FFJC’s Nevada State Director. “This is an important step toward ending our state’s two-tiered system of justice where poor people — and particularly communities of color — are disproportionately punished.”
A second bill, SB219, seeks to rein in rampant driver’s license suspensions resulting from traffic tickets that residents can’t afford to pay. Between July 2017 and June 2019, over 38,000 Nevadans had their driver’s licenses suspended because they couldn’t afford to pay court fines and fees.
SB219 was sponsored by Senate Majority Leader Nicole Canizzaro and co-sponsored by Assemblywoman Ceclia Gonzalez, who sponsored a similar bill in the Assembly. The legislation will help thousands of safe drivers regain the freedom to drive by automatically — and without cost — reinstating licenses that were suspended for court debt, according to FFJC in a news release.
“This is a win for all Nevadans — especially those who have been caught in a cycle of poverty from traffic debt,” said Assemblymember Cecilia Gonzalez. “I am honored to have co-sponsored such an important piece of legislation that impacts the lives of our constituents.”
In just the last four years, 18 other U.S. states — including the neighboring states of Arizona, California, Idaho, Utah and Oregon — have passed major reforms to curb debt-based driver’s license suspensions.
"Without a license, many Nevadans lose the ability to work, care for their children and access basic needs. Driving is such a necessity that 75 percent of people continue to drive after their license gets suspended. If they get pulled over, they can be arrested and jailed for driving on a suspended license, which is one of the most common criminal charges in Nevada," according to the FFJC news release. "After arrest, people are saddled with more fines and fees, and are often incarcerated long enough to miss their rent payment or lose their job."
One study found that 42 of people lost their jobs after their driver’s license was suspended. Of those who found new work, 88 percent reported a decrease in pay. Another study from Phoenix, Arizona found the median annual income loss following license suspension was $36,800 per person.
