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).

1-1 Section 1. NRS 174.063 is hereby amended to read as follows:

1-2 174.063 1. If a plea of guilty is made in a written plea agreement, the

2-1 GUILTY PLEA AGREEMENT

2-2 I hereby agree to plead guilty to: (List charges to which defendant is

2-3 pleading guilty), as more fully alleged in the charging document attached

2-4 hereto as Exhibit 1.

2-5 My decision to plead guilty is based upon the plea agreement in this case

2-6 which is as follows:

2-7 (State the terms of the agreement.)

2-8 CONSEQUENCES OF THE PLEA

2-9 I understand that by pleading guilty I admit the facts which support all

2-10 the elements of the offenses to which I now plead as set forth in Exhibit 1.

2-11 I understand that as a consequence of my plea of guilty I may be

2-12 imprisoned for a period of not more than (maximum term of imprisonment)

2-13 and that I (may or will) be fined up to (maximum amount of fine). I

2-14 understand that the law requires me to pay an administrative assessment

2-15 fee.

2-16 I understand that, if appropriate, I will be ordered to make restitution to

2-17 the victim of the offenses to which I am pleading guilty and to the victim of

2-18 any related offense which is being dismissed or not prosecuted pursuant to

2-19 this agreement. I will also be ordered to reimburse the State of Nevada for

2-20 expenses related to my extradition, if any.

2-21 I understand that I (am or am not) eligible for probation for the offense

2-22 to which I am pleading guilty. (I understand that, except as otherwise

2-23 provided by statute, the question of whether I receive probation is in the

2-24 discretion of the sentencing judge, or I understand that I must serve a

2-25 mandatory minimum term of (term of imprisonment) or pay a minimum

2-26 mandatory fine of (amount of fine) or serve a mandatory minimum term

2-27 (term of imprisonment) and pay a minimum mandatory fine of (amount of

2-28 fine).)

2-29 I understand that if more than one sentence of imprisonment is imposed

2-30 and I am eligible to serve the sentences concurrently, the sentencing judge

2-31 has the discretion to order the sentences served concurrently or

2-32 consecutively.

2-33 I understand that information regarding charges not filed, dismissed

2-34 charges or charges to be dismissed pursuant to this agreement may be

2-35 considered by the judge at sentencing.

2-36 I have not been promised or guaranteed any particular sentence by

2-37 anyone. I know that my sentence is to be determined by the court within the

2-38 limits prescribed by statute. I understand that if my attorney or the State of

2-39 Nevada or both recommend any specific punishment to the court, the court

2-40 is not obligated to accept the recommendation.

3-1 I understand that the division of parole and probation of the department

3-2 of motor vehicles and public safety may or will prepare a report for the

3-3 sentencing judge before sentencing. This report will include matters

3-4 relevant to the issue of sentencing, including my criminal history. I

3-5 understand that this report may contain hearsay information regarding my

3-6 background and criminal history. My attorney (if represented by counsel)

3-7 and I will each have the opportunity to comment on the information

3-8 contained in the report at the time of sentencing.

3-9 I understand that, unless I unconditionally waive my right to appeal

3-10 my judgment of conviction or enter a conditional plea of guilty, guilty but

3-11 mentally ill or nolo contendere pursuant to subsection 3 of NRS 174.035,

3-12 my right to appeal is governed by the provisions of subsection 4 of NRS

3-13 177.015, which states in part that:

3-14 [T]he defendant in a criminal case shall not appeal a final judgment

3-15 or verdict resulting from a plea of guilty, guilty but mentally ill or

3-16 nolo contendere that the defendant entered into voluntarily and with

3-17 a full understanding of the nature of the charge and the

3-18 consequences of the plea, unless the appeal is based upon

3-19 reasonable constitutional, jurisdictional or other grounds that

3-20 challenge the legality of the proceedings.

3-21 I understand that an appeal of a final judgment or order must be made

3-22 by filing a notice of appeal in the district court no later than 30 days after

3-23 the entry of the judgment or order appealed from.

3-24 WAIVER OF RIGHTS

3-25 By entering my plea of guilty, I understand that I have waived the

3-26 following rights and privileges:

3-27 1. The constitutional privilege against self-incrimination, including the

3-28 right to refuse to testify at trial, in which event the prosecution would not

3-29 be allowed to comment to the jury about my refusal to testify.

3-30 2. The constitutional right to a speedy and public trial by an impartial

3-31 jury, free of excessive pretrial publicity prejudicial to the defense, at which

3-32 trial I would be entitled to the assistance of an attorney, either appointed or

3-33 retained. At trial, the state would bear the burden of proving beyond a

3-34 reasonable doubt each element of the offense charged.

3-35 3. The constitutional right to confront and cross-examine any witnesses

3-36 who would testify against me.

3-37 4. The constitutional right to subpoena witnesses to testify on my

3-38 behalf.

3-39 5. The constitutional right to testify in my own defense.

3-40 [6. The right to appeal the conviction, with the assistance of an

3-41 attorney, either appointed or retained, unless the appeal is based upon

3-42 reasonable constitutional, jurisdictional or other grounds that challenge the

4-1 legality of the proceedings and except as otherwise provided in subsection

4-2 3 of NRS 174.035.]

4-3 I (do or do not) unconditionally waive my right to appeal my judgment

4-4 of conviction.

4-5 VOLUNTARINESS OF PLEA

4-6 I have discussed the elements of all the original charges against me with

4-7 my attorney (if represented by counsel) . [and I understand]

4-8 I am entering into this plea with a full understanding of the nature of

4-9 these charges against me [.] and the consequences of the plea.

4-10 I understand that the state would have to prove each element of the

4-11 charge against me at trial.

4-12 I have discussed with my attorney (if represented by counsel) any

4-13 possible defenses and circumstances which might be in my favor.

4-14 All of the foregoing elements, consequences, rights and waiver of rights

4-15 have been thoroughly explained to me by my attorney (if represented by

4-16 counsel).

4-17 I believe that pleading guilty and accepting this plea bargain is in my

4-18 best interest and that a trial would be contrary to my best interest.

4-19 I am signing this agreement voluntarily, after consultation with my

4-20 attorney (if represented by counsel) and I am not acting under duress or

4-21 coercion or by virtue of any promises of leniency, except for those set forth

4-22 in this agreement.

4-23 I am not now under the influence of intoxicating liquor, a controlled

4-24 substance or other drug which would in any manner impair my ability to

4-25 comprehend or understand this agreement or the proceedings surrounding

4-26 my entry of this plea.

4-27 My attorney (if represented by counsel) has answered all my questions

4-28 regarding this guilty plea agreement and its consequences to my satisfaction

4-29 and I am satisfied with the services provided by my attorney.

4-30 Dated: This ............. day of ..........., 19.....

4-31

4-32 Defendant.

4-33 Agreed to on this ............ day of..........., 19.....

4-34

4-35 Deputy District Attorney.

4-36 2. If the defendant is represented by counsel, the written plea

4-37 agreement must also include a certificate of counsel that is substantially in

4-38 the following form:

5-1 CERTIFICATE OF COUNSEL

5-2 I, the undersigned, as the attorney for the defendant named herein and as

5-3 an officer of the court hereby certify that:

5-4 1. I have fully explained to the defendant the allegations contained in

5-5 the charges to which guilty pleas are being entered.

5-6 2. I have advised the defendant of the penalties for each charge and the

5-7 restitution that the defendant may be ordered to pay.

5-8 3. I have advised the defendant of his right to appeal his judgment of

5-9 conviction with the assistance of an attorney. I have also advised the

5-10 defendant that, to perfect an appeal, a notice of appeal must be filed in

5-11 the district court no later than 30 days after the entry of the judgment or

5-12 order appealed from. Further, I have advised the defendant of the

5-13 procedure for filing a notice of appeal.

5-14 4. All pleas of guilty offered by the defendant pursuant to this

5-15 agreement are consistent with all the facts known to me and are made with

5-16 my advice to the defendant and are in the best interest of the defendant.

5-17 [4.] 5. To the best of my knowledge and belief, the defendant:

5-18 (a) Is competent and understands the charges and the consequences of

5-19 pleading guilty as provided in this agreement.

5-20 (b) Executed this agreement and will enter all guilty pleas pursuant

5-21 hereto voluntarily.

5-22 (c) Was not under the influence of intoxicating liquor, a controlled

5-23 substance or other drug at the time of the execution of this agreement.

5-24 Dated: This ............. day of ..........., 19.....

5-25

5-26 Attorney for defendant.

5-27 Sec. 2. The amendatory provisions of this act do not apply to a written

5-28 plea agreement entered into before the effective date of this act.

5-29 Sec. 3. This act becomes effective upon passage and approval.