Amendment No. 330

Assembly Amendment to Assembly Bill No. 406 (BDR 1-1120)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Before a justice of the peace may revoke or modify the suspension of a sentence of an offender pursuant to subsection 2, the justice of the peace shall hold a hearing to determine whether the offender has violated or failed to fulfill a condition of his suspended sentence. The justice of the peace shall:

(a) Provide advance notice to the offender of the:

(1) Place and time of the hearing;

(2) Purpose of the hearing; and

(3) Alleged violation of the suspended sentence; and

(b) Allow the offender to:

(1) Appear and speak on his own behalf;

(2) Obtain counsel;

(3) Present any relevant letters or other documents and any person who may provide relevant information; and

(4) Confront and question any person who appears against him unless, in the opinion of the justice of the peace, the person would be subjected to a risk of harm by disclosure of his identity.

2. Except as otherwise provided in this subsection, if a justice of the peace determines pursuant to subsection 1 that an offender has violated or failed to fulfill a condition of his suspended sentence, the justice of the peace may revoke the suspension of the sentence and cause all or part of the sentence to be executed. If the offender is ordered to serve only part of the sentence, the justice of the peace may suspend the remainder of the sentence for not more than 1 year after the date on which the offender violated or failed to fulfill the condition of suspension.".

Amend section 1, page 1, line 2, by deleting "5," and inserting:

"section 1 of this act,".

Amend section 1, pages 2 and 3, by deleting lines 38 through 41 on page 2 and lines 1 through 4 on page 3.

Amend the bill as a whole by renumbering sections 2 and 3 as sections 4 and 5 and adding a new section designated sec. 3, following section 1, to read as follows:

"Sec. 3. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Before a municipal judge may revoke or modify the suspension of a sentence of an offender pursuant to subsection 2, the municipal judge shall hold a hearing to determine whether the offender has violated or failed to fulfill a condition of his suspended sentence. The municipal judge shall:

(a) Provide advance notice to the offender of the:

(1) Place and time of the hearing;

(2) Purpose of the hearing; and

(3) Alleged violation of the suspended sentence; and

(b) Allow the offender to:

(1) Appear and speak on his own behalf;

(2) Obtain counsel;

(3) Present any relevant letters or other documents and any person who may provide relevant information; and

(4) Confront and question any person who appears against him unless, in the opinion of the municipal judge, the person would be subjected to a risk of harm by disclosure of his identity.

2. Except as otherwise provided in this subsection, if a municipal judge determines pursuant to subsection 1 that an offender has violated or failed to fulfill a condition of his suspended sentence, the municipal judge may revoke the suspension of the sentence and cause all or part of the sentence to be executed. If the offender is ordered to serve only part of the sentence, the municipal judge may suspend the remainder of the sentence for not more than 1 year after the date on which the offender violated or failed to fulfill the condition of suspension.".

Amend sec. 2, page 3, line 6, by deleting "2," and inserting:

"[2,] 2 or section 3 of this act,".

Amend sec. 2, page 4, by deleting lines 9 through 16.

Amend the title of the bill, first line, after "sentences;" by inserting:

"requiring a justice of the peace and municipal judge to provide notice and a hearing to an offender before determining whether to revoke or modify the suspension of his sentence;".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning suspension of sentence by justices of the peace and municipal judges. (BDR 1-1120)".