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 or city jail or detention1-5
facility is awarded a judgment against:1-6
(a) The State of Nevada, a county or a city;1-7
(b) A department, commission, board or other agency of the State of1-8
Nevada, a county or a city; or1-9
(c) A current or former officer, employee or contractor of the State of1-10
Nevada, a county or a city,1-11
arising from a civil action that accrued while the person was imprisoned1-12
in the state prison or county or city jail or detention facility, the person or1-13
governmental entity that pays the judgment shall deposit the money for1-14
the judgment with the court. The court shall deduct from the money1-15
received from the judgment any amount of money owed by the person for2-1
restitution and send the money to the appropriate person, governmental2-2
agency or political subdivision of a governmental agency to whom2-3
restitution is owed.2-4
2. Except as otherwise provided in subsection 4, if a person enters2-5
into a settlement for money in an action described in subsection 1, the2-6
person or governmental entity that pays the settlement shall deposit the2-7
money for the settlement with the court in which the action was filed or2-8
the district court of the county in which the person resides if no action2-9
was filed. The court shall deduct from the money deposited with the court2-10
any amount of money owed by the person for restitution and send the2-11
money to the appropriate person, governmental agency or political2-12
subdivision of a governmental agency to whom restitution is owed.2-13
3. If any money remains after the court makes the deduction2-14
pursuant to subsection 1 or 2, the court shall forward the remaining2-15
money to the person who initiated the action.2-16
4. The provisions of this section do not apply to a judgment or2-17
settlement in a case that involves the death of a person who was2-18
imprisoned.2-19
Sec. 2. Chapter 209 of NRS is hereby amended by adding thereto a2-20
new section to read as follows:2-21
1. Except as otherwise provided in subsection 3, if an offender has2-22
filed an action for small claims pursuant to chapter 73 of NRS and the2-23
offender requests to appear as a witness in the action, he shall pay the2-24
department in advance for the costs the department estimates will be2-25
incurred in providing transportation for the offender to appear in court.2-26
2. Within 30 days after providing transportation for an offender to2-27
appear in court pursuant to subsection 1, the department shall:2-28
(a) Reimburse the offender for any amount paid by him that exceeds2-29
the actual cost incurred by the department in providing transportation for2-30
the offender; or2-31
(b) Charge the offender for any cost incurred by the department in2-32
providing transportation for the offender that exceeds the amount paid by2-33
the defendant pursuant to subsection 1.2-34
3. The provisions of this section do not apply to indigent offenders.~