(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 327–Assemblymen Giunchigliani, Leslie, Anderson, Arberry, Bache, Oceguera and Williams

 

March 13, 2001

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Joint Sponsor: Senator Neal

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Referred to Committee on Judiciary

 

SUMMARY—Revises order in which arguments must be presented during penalty hearing in cases where death penalty is sought. (BDR 14‑1082)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to capital punishment; revising the order in which the arguments must be presented during the penalty hearing in cases where the death penalty is sought; 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. NRS 175.141 is hereby amended to read as follows:

1-2    175.141  The jury having been impaneled and sworn, the trial [shall]

1-3  must proceed in the following order:

1-4    1.  If the indictment or information be for a felony, the clerk must read

1-5  it and state the plea of the defendant to the jury. In all other cases this

1-6  formality may be dispensed with.

1-7    2.  The district attorney, or other counsel for the state, must open the

1-8  cause. The defendant or his counsel may then either make his opening

1-9  statement or reserve it to be made immediately [prior to] before the

1-10  presentation of evidence in his behalf.

1-11    3.  The state must then offer its evidence in support of the charge, and

1-12  the defendant may then offer evidence in his defense.

1-13    4.  The parties may then respectively offer rebutting testimony only,

1-14  unless the court, for good reasons, in furtherance of justice, permit them to

1-15  offer evidence upon their original cause.

1-16    5.  [When] Except as otherwise provided in NRS 175.554, when the

1-17  evidence is concluded, unless the case is submitted to the jury on either

2-1  side, or on both sides, without argument, the district attorney, or other

2-2  counsel for the state, must open and must conclude the argument.

2-3    Sec. 2.  NRS 175.554 is hereby amended to read as follows:

2-4    175.554  In cases in which the death penalty is sought:

2-5    1.  The penalty hearing must be conducted as follows:

2-6    (a) The district attorney, or other counsel for the state, must open the

2-7  argument;

2-8    (b) The defendant or his counsel may then respond, and the state may

2-9  then argue in rebuttal; and

2-10    (c) The defendant must conclude the argument in surrebuttal.

2-11    2.  If the penalty hearing is conducted before a jury, the court shall

2-12  instruct the jury at the end of the hearing, and shall include in its

2-13  instructions the aggravating circumstances alleged by the prosecution upon

2-14  which evidence has been presented during the trial or at the hearing. The

2-15  court shall also instruct the jury as to the mitigating circumstances alleged

2-16  by the defense upon which evidence has been presented during the trial or

2-17  at the hearing.

2-18    [2.] 3. The jury or the panel of judges shall determine:

2-19    (a) Whether an aggravating circumstance or circumstances are found to

2-20  exist;

2-21    (b) Whether a mitigating circumstance or circumstances are found to

2-22  exist; and

2-23    (c) Based upon these findings, whether the defendant should be

2-24  sentenced to life imprisonment with the possibility of parole, life

2-25  imprisonment without the possibility of parole or death.

2-26    [3.] 4. The jury or the panel of judges may impose a sentence of death

2-27  only if it finds at least one aggravating circumstance and further finds that

2-28  there are no mitigating circumstances sufficient to outweigh the

2-29  aggravating circumstance or circumstances found.

2-30    [4.] 5. If a jury or a panel of judges imposes a sentence of death, the

2-31  court shall enter its finding in the record, or the jury shall render a written

2-32  verdict signed by the foreman. The finding or verdict must designate the

2-33  aggravating circumstance or circumstances which were found beyond a

2-34  reasonable doubt, and must state that there are no mitigating circumstances

2-35  sufficient to outweigh the aggravating circumstance or circumstances

2-36  found.

2-37    Sec. 3.  The amendatory provisions of this act do not apply to offenses

2-38  committed before October 1, 2001.

 

2-39  H