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1. Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested must be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate by the peace officer unless the violation constitutes a repeat offense or a prohibited offense, in which case the person arrested may be issued the misdemeanor citation or be immediately taken before a magistrate by the peace officer.

2. The citation described in subsection 1 must not be issued unless:

(a) The person arrested furnishes satisfactory evidence of identity; and

(b) The peace officer has reasonable grounds to believe that:

(1) The person arrested will keep a written promise to appear in court;

(2) The violation will cease; and

(3) Another person or property is not in imminent danger.

(Added to NRS by 1973, 1157; A 1975, 1201; 2001, 2023; 2021, 3454)