Assembly Concurrent Resolution No. 3–Joint Rules Committee

 

June 14, 2001

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Read and Adopted

 

SUMMARY—Directs Legislative Commission to conduct interim study of issues regarding death penalty and related DNA testing. (BDR R‑25)

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Assembly Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study of issues regarding the death penalty and related DNA testing.

 

1-1    Whereas, It has been 25 years since the United States Supreme Court

1-2  allowed the death penalty to resume in the United States under certain

1-3  circumstances; and

1-4    Whereas, There have been almost 700 executions in the United States

1-5  since the reinstatement of the death penalty, eight of those have been in

1-6  Nevada; and

1-7    Whereas, The death row population in this country has continued to

1-8  grow, reaching over 3,700 prisoners in the year 2000; and

1-9    Whereas, Recent national studies have found that capital trials and

1-10  sentences cost more than noncapital ones and the time and expense

1-11  involved in curing errors in capital cases imposes a terrible cost on

1-12  taxpayers, victims’ families, the judicial system and persons wrongly

1-13  condemned; and

1-14  Whereas, The determination of genetic markers, commonly referred to

1-15  as “DNA testing,” was not widely available in criminal cases tried before

1-16  1994; and

1-17  Whereas, In the last several years, DNA testing has emerged as the

1-18  most reliable forensic technique for identifying criminals when biological

1-19  material is left at a crime scene; and

1-20  Whereas, Post-conviction exoneration of more than 75 innocent men

1-21  and women, including some incarcerated under a sentence of death, has

1-22  been achieved through DNA testing; and

1-23  Whereas, Because collection of a DNA sample from an inmate

1-24  consists simply of obtaining a swab of saliva and costs approximately

1-25  $100, it is now less costly and less burdensome to make DNA testing

1-26  available to inmates in appropriate cases; now, therefore, be it

 

 

2-1    Resolved by the Assembly of the State of Nevada, the Senate

2-2  Concurring, That the Legislative Commission is hereby directed to

2-3  appoint a committee to conduct an interim study of issues regarding the

2-4  death penalty and related DNA testing; and be it further

2-5  Resolved, That the committee to conduct the study consists of eight

2-6  members of the 71st Legislative Session to be appointed by the Legislative

2-7  Commission as follows:

2-8  1.  Four members of the Assembly, at least two of whom are members

2-9  of the Assembly Standing Committee on Judiciary; and

2-10    2.  Four members from the Senate, at least two of whom are members

2-11  of the Senate Standing Committee on Judiciary; and be it further

2-12    Resolved, That the chairman of the committee may appoint a technical

2-13  advisory committee to assist the committee in carrying out the study; and

2-14  be it further

2-15  Resolved, That the interim study must include, without limitation,

2-16  consideration of the following issues regarding the death penalty:

2-17  1.  The costs in Nevada of prosecuting capital cases and incarcerating a

2-18  person under the death penalty versus the cost of prosecuting a noncapital

2-19  case and sentencing a person for life without the possibility of parole;

2-20    2.  The number of prisoners actually executed compared with the

2-21  number of those who were sentenced to death;

2-22    3.  The impact of race, color, religion, national origin, gender,

2-23  economic status and geographic location of defendants in capital cases with

2-24  respect to decisions concerning charging, prosecuting and sentencing;

2-25    4.  Whether defendants who are under 18 years of age or who are

2-26  mentally retarded at the time of committing an offense should be sentenced

2-27  to death;

2-28    5.  The competency and expertise of counsel to defendants in capital

2-29  cases;

2-30    6.  The adequacy of resources provided to defendants in capital cases;

2-31    7.  Whether jurors have a proper and adequate understanding of the

2-32  application of the law and of jury instructions in capital cases;

2-33    8.  Whether rules pertaining to arguments during any phase of a trial

2-34  are an impediment in capital cases;

2-35    9.  Whether capital punishment serves as an effective deterrent against

2-36  the commission of murder;

2-37    10.  The expertise of judges that hear capital cases; and

2-38    11.  The process of appealing a sentence of death; and be it further

2-39    Resolved, That the study must also include, without limitation,

2-40  consideration of the following issues concerning DNA testing:

2-41    1.  The availability, cost and extent of its use, both in Nevada and in the

2-42  rest of the country;

2-43    2.  Current policies regarding the use of DNA testing in Nevada

2-44  compared with policies in the remainder of the states;

2-45    3.  The manner for storing and using such DNA information;

2-46    4.  Post-conviction DNA testing, criteria for requests by prisoners and

2-47  procedures for handling those requests; and

2-48    5.  Any Fifth Amendment or other constitutional issues related to the

2-49  use of DNA evidence in capital cases; and be it further

3-1    Resolved, That any recommended legislation proposed by the

3-2  committee must be approved by a majority of the members of the Senate

3-3  and a majority of the members of the Assembly appointed to the

3-4  committee; and be it further

3-5    Resolved, That the Legislative Commission shall submit a report of

3-6  the results of the study and any recommendations for legislation to the

3-7  72nd session of the Nevada Legislature.

 

3-8  H