Assembly Bill No. 22–Assemblywoman Cegavske

Prefiled January 8, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning certain lawsuits brought by prisoners. (BDR 14-509)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to prisoners; requiring a court to make certain deductions from a monetary judgment awarded to a prisoner in a civil action brought against the State of Nevada; requiring a prisoner who has filed an action for small claims to pay the estimated costs of his transportation to the department of prisons in advance; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 176 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. If a defendant who is or was imprisoned in the state prison is

1-4 awarded a judgment for money against the State of Nevada, a

1-5 department, commission, board or other agency of the State of Nevada or

1-6 a current or former officer, employee or contractor of the State of Nevada

1-7 arising from a civil action that accrued while the defendant was

1-8 imprisoned in the state prison, the court shall make the following

1-9 deductions and send the money to the appropriate person, governmental

1-10 agency or political subdivision of a governmental agency, in the following

1-11 order, from the money received from the judgment:

1-12 (a) An amount owed by the defendant for restitution;

1-13 (b) An amount owed by the defendant for an administrative

1-14 assessment;

1-15 (c) An amount owed by the defendant for a fine; and

1-16 (d) An amount owed by the defendant to repay the expenses of his

1-17 defense.

2-1 2. If any money remains after the court makes the deductions

2-2 pursuant to subsection 1, the court shall forward the remaining money to

2-3 the defendant.

2-4 Sec. 2. Chapter 209 of NRS is hereby amended by adding thereto a

2-5 new section to read as follows:

2-6 1. Except as otherwise provided in subsection 3, if an offender has

2-7 filed an action for small claims pursuant to chapter 73 of NRS and the

2-8 offender requests to appear as a witness in the action, he shall pay the

2-9 department in advance for the costs the department estimates will be

2-10 incurred in providing transportation for the offender to appear in court.

2-11 2. Within 30 days after providing transportation for an offender to

2-12 appear in court pursuant to subsection 1, the department shall:

2-13 (a) Reimburse the offender for any amount paid by him that exceeds

2-14 the actual cost incurred by the department in providing transportation for

2-15 the offender; or

2-16 (b) Charge the offender for any cost incurred by the department in

2-17 providing transportation for the offender that exceeds the amount paid by

2-18 the defendant pursuant to subsection 1.

2-19 3. The provisions of this section do not apply to indigent offenders.

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