Latest news with #SenateBill359
Yahoo
08-04-2025
- Politics
- Yahoo
‘Work in progress': Traffic ticket headaches remain as tweaks to Nevada law continue
LAS VEGAS (KLAS) — Nevada lawmakers continue to tweak a 2021 law that decriminalized minor traffic violations, looking to streamline the process for drivers and the courts at the same time. 'Inconsistencies and barriers' have emerged in how this is handled by courts, according to Nevada State Sen. Melanie Scheible (D-Las Vegas). Senate Bill 359 (SB359) contains a number of changes to a law that one observer described as 'a work in progress.' Traffic tickets don't bring jail time anymore. Missed court dates for those cases aren't the big deal they used to be. But lawmakers are still ironing out a lot of details. Among the changes that the bill would make: Change the requirement for posting a bond in order to challenge the civil infraction. Current law requires the person to post the full amount of the fine associated with the infraction, but that is likely to change to an amount 'up to' the full fine. That gives the courts flexibility to waive or reduce the fee. Allow a lawyer to appear in court in place of the person. Require the civil infraction and any associated misdemeanor to be part of the same complaint, allowing the entire matter to be heard by one judge. Allow prosecutors to choose to treat a misdemeanor as a civil infraction at any time, not just before the court hearing. This adds flexibility for prosecutors. The bond requirement in current law is seen as problematic because it can prevent low-income residents from challenging the civil infraction. Often, they can't afford the full amount. They also can't afford to take time off from work to make a challenge, Scheible said. Some of the other changes are meant to streamline the process, which Scheible said often puts prosecutors in a difficult position. The flexibility in deciding when to treat a misdemeanor as a civil infraction comes up often, she said. 'It will allow for essentially what everybody has been clamoring for down in Southern Nevada, which is, 'Can I please get my misdemeanor converted to a civil infraction,' ' Scheible said. As an example, lawmakers talked about a traffic stop involving an improper lane change. That's the type of offense that the Nevada Legislature had in mind when it decriminalized minor infractions. But what if the officer finds the person was driving on a suspended license? The combination of a civil infraction and a misdemeanor has to be handled separately now, but changes in SB359 would simplify that and allow a judge to deal with it all in one hearing. So far, 10 amendments have been proposed, and lawmakers continue to work on solutions that are practical for courts in rural counties, as well as Clark and Washoe counties. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
03-03-2025
- Yahoo
Distracted driving bill garners Senate discussion, moves forward
A bill in the Montana Senate would make it illegal to be on your phone while driving (Daily Montanan file photo). A proposal to address distracted driving on Montana roadways passed the state Senate on Saturday following an emotional floor debate. Senate Bill 359, which bill sponsor Sen. Sara Novak, D-Anaconda, is calling 'Chloe's Law,' would make Montana the final state to adopt distracted driving laws. The bill would make holding or using a mobile device while driving illegal and supports using hands-free technology. The legislation was motivated by the death of a young woman, Chloe Worl, who was killed by a distracted driver in March 2021. Novak said on the Senate floor she was the woman's driver's education instructor. 'My shock and sadness led to many thoughts about that crash as a teacher,' Novak said. 'My mind repeatedly has played out so many times with questions as to if I do enough to teach these kids about defensive driving.' The bill allows for hands-free devices — including smart watches — as well as earpieces. It sets fines for violations as well, with a first offense garnering a ticket between $75 and $149 for a first violation and jumps up to a minimum fine of $150 on any subsequent offense. The bill cleared a second reading 33-17 on Saturday. 'This isn't about throwing a hammer down,' Novak said on the Senate floor. 'It's about doing little things that we can do to keep our roads safer in the state of Montana.' Connie Worl, who is Chloe's mother, testified in support of the legislation during the bill's hearing in the Senate Highways and Transportation Committee on Feb. 26. Chloe, who worked at Barrett Hospital in Dillon, was 25 at the time of her death. 'The driver who killed our daughter crossed the rumble strips, and she was so distracted by whatever was happening on her cell phone, texting, Snapchatting, social media, she drove in Chloe's lane for the length of a football field,' Connie said. 'She had no idea she was in Chloe's lane. She never hit her brakes. She slammed into our daughter, and she killed her instantly.' On the Senate floor, the bill received significant debate. Sen. Jeremy Trebas, R-Great Falls, had multiple issues with the bill. He said it's a local control issue, that drivers would just change their behavior to hide their phone use and that it would create more pressure on the court system. 'This will have an effect on county courts and their budgets and their workload. So just take that under consideration,' Trebas said on the Senate floor. 'Maybe it's worth it to you. It could be, but just know that that's what you're doing. You're pushing more costs on the counties.' Sen. Jonathan Windy Boy, D-Box Elder, expressed worry about racial profiling, saying he was voting no on the bill because of that. Other comments touched on whether or not it would apply to self-driving cars. Novak said that anyone in the driver's seat would be banned from mobile devices while in operation of the vehicle. The Montana Department of Transportation was a proponent of the bill, which Novak said she did not expect. Sen. Derek Harvey, D-Butte, who is a Butte-Silver Bow firefighter, expressed some frustration on the floor regarding accidents caused by distracted driving. 'I respond to these calls,' Harvey said. 'I've responded to a lot of these calls. I've seen these scenes. I've dealt with these scenes. I've turned around, turned my back on these scenes, and found people videotaping, holding their phone up, driving by the scenes while I just saw what I saw inside of that car. It's pretty ironic to me.' Discussion also came up about revenue from the fines, with Sen. Barry Usher, R-Billings, saying on the floor that 'this was about money' and that, 'they're just using the heart strings to try and get it.' Some of the comments heard on the floor alleging ulterior motives got a rebuke from Senate minority leader Pat Flowers, D-Belgrade. 'When we start impugning the intent of a sponsor, I think it's really disrespectful,' Flowers said. 'And I'd ask that we avoid doing that in the future.' Almost 41,000 people were killed in car crashes in 2023 in the U.S. According to AAA, distracted driving was responsible for 58% of crashes during a study the organization conducted. 'This is personal to me on many levels, and I'm honored, as I said, to carry this,' Novak said on the floor. 'And I also feel like it's a gut punch, as you can see, to carry this. So to say that this is about money or MDT is absolutely disingenuous.'
