Assembly Concurrent Resolution No. 3–Joint Rules Committee

 

FILE NUMBER..........

 

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

 

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

 allowed the death penalty to resume in the United States under certain

 circumstances; and

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

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

 Nevada; and

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

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

   Whereas, Recent national studies have found that capital trials and

 sentences cost more than noncapital ones and the time and expense

 involved in curing errors in capital cases imposes a terrible cost on

 taxpayers, victims’ families, the judicial system and persons wrongly

 condemned; and

   Whereas, The determination of genetic markers, commonly referred to

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

 1994; and

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

 most reliable forensic technique for identifying criminals when biological

 material is left at a crime scene; and

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

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

 been achieved through DNA testing; and

   Whereas, Because collection of a DNA sample from an inmate

 consists simply of obtaining a swab of saliva and costs approximately

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

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

   Resolved by the Assembly of the State of Nevada, the Senate

 Concurring, That the Legislative Commission is hereby directed to

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

 death penalty and related DNA testing; and be it further

   Resolved, That the committee to conduct the study consists of eight

 members of the 71st Legislative Session to be appointed by the Legislative

 Commission as follows:

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

 of the Assembly Standing Committee on Judiciary; and

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

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

   Resolved, That the chairman of the committee may appoint a technical

 advisory committee to assist the committee in carrying out the study; and

 be it further

   Resolved, That the interim study must include, without limitation,

 consideration of the following issues regarding the death penalty:

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

 person under the death penalty versus the cost of prosecuting a noncapital

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

   2.  The number of prisoners actually executed compared with the

number of those who were sentenced to death;

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

 economic status and geographic location of defendants in capital cases

 with respect to decisions concerning charging, prosecuting and sentencing;

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

 mentally retarded at the time of committing an offense should be

 sentenced to death;

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

 cases;

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

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

 application of the law and of jury instructions in capital cases;

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

 are an impediment in capital cases;

   9.  Whether capital punishment serves as an effective deterrent against

 the commission of murder;

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

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

   Resolved, That the study must also include, without limitation,

 consideration of the following issues concerning DNA testing:

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

 rest of the country;

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

 compared with policies in the remainder of the states;

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

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

 procedures for handling those requests; and

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

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

   Resolved, That any recommended legislation proposed by the

 committee must be approved by a majority of the members of the Senate

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

 committee; and be it further

   Resolved, That the Legislative Commission shall submit a report of

 the results of the study and any recommendations for legislation to the

 72nd session of the Nevada Legislature.

 

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