2001 REGULAR SESSION (71st)                                                                            A AB353 300

Amendment No. 300

 

 

 

     Amend section 1, page 1, by deleting line 8 and inserting:

     “3. Not less than 45 days before the date set for a hearing conducted pursuant to subsection 2, the court shall hold an ex parte hearing in camera with the defendant and his counsel present to:

     (a) Review the evidence of the defendant concerning whether the defendant is mentally retarded, including, without limitation, psychological, psychiatric and other reports, records of the defendant from school and statements by witnesses; and

     (b) Determine what evidence concerning whether the defendant is mentally retarded is material and should be provided to the prosecution.

     4.  The court shall order:

     (a) The defendant to provide the evidence that the court determines is material pursuant to subsection 3 to the prosecution not less than 30 days before the date set for a hearing conducted pursuant to subsection 2; and

     (b) The defendant to be examined, not less than 15 days before the date set for a hearing conducted pursuant to subsection 2, by an expert selected by the prosecution on the issue of whether the defendant is mentally retarded.

     5.  For the purpose of the hearing conducted pursuant to subsection 2, there is no privilege for any information or evidence provided to the prosecution or obtained by the prosecution pursuant to subsection 4.

     6.  At a hearing conducted pursuant to subsection 2:”.

     Amend section 1, page 1, line 16, by deleting “4.” and inserting “7.”.

     Amend section 1, page 1, line 17, by deleting “this section” and inserting “subsection 2”.

     Amend section 1, page 2, line 1, by deleting “5.” and inserting “8.”.

     Amend the bill as a whole by renumbering sections 3 through 5 as sections 4 through 6 and adding a new section designated sec. 3, following sec. 2, to read as follows:

     “Sec. 3.  NRS 177.015 is hereby amended to read as follows:

     177.015  The party aggrieved in a criminal action may appeal only as follows:

     1.  Whether that party is the state or the defendant:

     (a) To the district court of the county from a final judgment of the justice’s court.

     (b) To the supreme court from an order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.

     (c) To the supreme court from a conclusion of the district court made as a result of a hearing held pursuant to subsection 2 of section 1 of this act. If the supreme court entertains the appeal, it shall enter an order staying the criminal proceedings against the defendant for such time as may be required.

     2.  The state may, upon good cause shown, appeal to the supreme court from a pretrial order of the district court granting or denying a motion to suppress evidence made pursuant to NRS 174.125. Notice of the appeal must be filed with the clerk of the district court within 2 judicial days and with the clerk of the supreme court within 5 judicial days after the ruling by the district court. The clerk of the district court shall notify counsel for the defendant or, in the case of a defendant without counsel, the defendant within 2 judicial days after the filing of the notice of appeal. The supreme court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. If the supreme court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.

     3.  The defendant only may appeal from a final judgment or verdict in a criminal case.

     4.  Except as otherwise provided in subsection 3 of NRS 174.035, the defendant in a criminal case shall not appeal a final judgment or verdict resulting from a plea of guilty, guilty but mentally ill or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of the plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The supreme court may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.”.

     Amend sec. 3, page 3, line 5, after “to” by inserting:

“subsection 2 of”.