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 and settlements entered into 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
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 thereto1-2
a new section to read as follows:1-3
1. Except as otherwise provided in subsection 4, if a person who is or1-4
was imprisoned in the state prison or a county jail is awarded a judgment1-5
against the State of Nevada or a county or a department, commission,1-6
board or other agency of the State of Nevada or a county or a current or1-7
former officer, employee or contractor of the State of Nevada or a county1-8
arising from a civil action that accrued while the person was imprisoned1-9
in the state prison or county jail, the person or governmental entity that1-10
pays the judgment shall deposit the money for the judgment with the1-11
court. The court shall deduct from the money received from the judgment1-12
any amount of money owed by the person for restitution and send the1-13
money to the appropriate person, governmental agency or political1-14
subdivision of a governmental agency to whom restitution is owed.2-1
2. Except as otherwise provided in subsection 4, if a person enters2-2
into a settlement for money in an action described in subsection 1, the2-3
person or governmental entity that pays the settlement shall deposit the2-4
money for the settlement with the court in which the action was filed or2-5
the district court of the county in which the person resides if no action2-6
was filed. The court shall deduct from the money deposited with the court2-7
any amount of money owed by the person for restitution and send the2-8
money to the appropriate person, governmental agency or political2-9
subdivision of a governmental agency to whom restitution is owed.2-10
3. If any money remains after the court makes the deduction2-11
pursuant to subsection 1 or 2, the court shall forward the remaining2-12
money to the person who initiated the action.2-13
4. The provisions of this section do not apply to a judgment or2-14
settlement in a case that involves the death of a person who was2-15
imprisoned.2-16
Sec. 2. Chapter 209 of NRS is hereby amended by adding thereto a2-17
new section to read as follows:2-18
1. Except as otherwise provided in subsection 3, if an offender has2-19
filed an action for small claims pursuant to chapter 73 of NRS and the2-20
offender requests to appear as a witness in the action, he shall pay the2-21
department in advance for the costs the department estimates will be2-22
incurred in providing transportation for the offender to appear in court.2-23
2. Within 30 days after providing transportation for an offender to2-24
appear in court pursuant to subsection 1, the department shall:2-25
(a) Reimburse the offender for any amount paid by him that exceeds2-26
the actual cost incurred by the department in providing transportation for2-27
the offender; or2-28
(b) Charge the offender for any cost incurred by the department in2-29
providing transportation for the offender that exceeds the amount paid by2-30
the defendant pursuant to subsection 1.2-31
3. The provisions of this section do not apply to indigent offenders.~