2001 REGULAR SESSION (71st) A SB254 261
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Amend the bill as a whole by deleting sections 1 through 35 and the leadlines of repealed sections and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. 1. Notwithstanding the provisions of any law, rule of court or order issued by a court of competent jurisdiction, a moratorium on the execution of all sentences of death is hereby established until July 1, 2003, and the sentence of any person sentenced to death before, on or after the effective date of this act must not be executed until July 1, 2003.
2. Notwithstanding the provisions of any law, rule of court or order issued by a court of competent jurisdiction:
(a) If , before the effective date of this act, a court has issued a warrant of execution of a sentence of death that appoints a week within which the judgment of death is to be executed which is before July 1, 2003, the court shall, not later than 60 days after the effective date of this act, issue a new warrant of execution of the sentence of death appointing a week within which the judgment of death is to be executed which is on or after July 1, 2003.
(b) On or after the effective date of this act, a court shall not issue a warrant of execution of a sentence of death that appoints a week within which the judgment of death is to be executed which is before July 1, 2003.
3. The provisions of this section must not be construed to:
(a) Affect any procedures regarding charging, prosecution or sentencing with respect to any offense committed before, on or after the effective date of this act;
(b) Prevent any person from being sentenced to death before, on or after the effective date of this act;
(c) Constitute the granting of a commutation or pardon to a person sentenced to death before, on or after the effective date of this act;
(d) Alter or amend the sentence of any person sentenced to death before, on or after the effective date of this act; or
(e) Affect any appeal, petition for a writ of habeas corpus or other request for judicial relief filed before, on or after the effective date of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the Legislative Commission shall direct a legislative committee established by statute to conduct a study of issues regarding the death penalty. If the study of issues regarding the death penalty is a subject that is not appropriately within the jurisdiction of any such legislative committee, the Legislative Commission shall appoint a committee to conduct an interim study of issues regarding the death penalty.
2. The study must include, without limitation, consideration of the following issues regarding the death penalty:
(a) The impact of race, color, religion, national origin, sexual orientation, economic status or geographic location of defendants in capital cases with respect to decisions concerning charging, prosecuting and sentencing.
(b) Whether defendants who are under 18 years of age or mentally retarded at the time of committing an offense should be sentenced to death.
(c) The competency of counsel to defendants in capital cases.
(d) The adequacy of resources provided to defendants in capital cases.
(e) Whether jurors have a proper and adequate understanding of the application of the law and of jury instructions in capital cases.
(f) Whether capital punishment serves as an effective deterrent against the commission of murder.
(g) The costs in Nevada of prosecuting capital cases and incarcerating a person under the death penalty versus the cost of prosecuting a noncapital case and sentencing a person for life without the possibility of parole.
(h) The number of defendants actually executed compared with the number of those who were sentenced to death.
(i) With respect to DNA testing:
(1) The availability, cost and extent of its use, both in Nevada and in the rest of the country.
(2) Current policies regarding the use of DNA testing in Nevada compared with policies in the remainder of the states.
(3) The manner for storing and using such DNA information.
(4) Post-conviction DNA testing, criteria for requests by prisoners and procedures for handling those requests.
(5) Any Fifth Amendment or other constitutional issues related to the use of DNA evidence in capital cases.
(j) The need for any appropriate legislation or adoption of court rules which would contribute or assist in ensuring that the death penalty is administered fairly and impartially and in accordance with all applicable constitutional provisions and that persons who are innocent are not sentenced to death or executed.
3. A report of the results of the study and any recommendations for legislation must be submitted to the 72nd session of the Nevada Legislature.
Sec. 3. This act becomes effective upon passage and approval and expires by limitation on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to capital punishment; establishing a moratorium on the execution of sentences of death until July 1, 2003; providing for a study of issues regarding the death penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: