Senate Bill No. 234–Senators Porter, James and Titus

 

February 22, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing statements of victims of crimes at sentencing hearings. (BDR 14‑1079)

 

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 sentencing; revising the provisions governing the statements of victims of crimes at sentencing hearings; 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 176.015 is hereby amended to read as follows:

1-2    176.015  1.  Sentence must be imposed without unreasonable delay.

1-3  Pending sentence, the court may commit the defendant or continue or alter

1-4  the bail.

1-5    2.  Before imposing sentence, the court shall:

1-6    (a) Afford counsel an opportunity to speak on behalf of the defendant;

1-7  and

1-8    (b) Address the defendant personally and ask him if he wishes to make

1-9  a statement in his own behalf and to present any information in mitigation

1-10  of punishment.

1-11    3.  [Before] After hearing any statements presented pursuant to

1-12  subsection 2 and before imposing sentence, the court shall afford the

1-13  victim an opportunity to:

1-14    (a) Appear personally, by counsel or by personal representative; and

1-15    (b) Reasonably express any views concerning the crime, the person

1-16  responsible, the impact of the crime on the victim and the need for

1-17  restitution.

1-18    4.  The prosecutor shall give reasonable notice of the hearing to impose

1-19  sentence to:

1-20    (a) The person against whom the crime was committed;

1-21    (b) A person who was injured as a direct result of the commission of the

1-22  crime;

2-1    (c) The surviving spouse, parents or children of a person who was killed

2-2  as a direct result of the commission of the crime; and

2-3    (d) Any other relative or victim who requests in writing to be notified of

2-4  the hearing.

2-5  Any defect in notice or failure of such persons to appear are not grounds

2-6  for an appeal or the granting of a writ of habeas corpus. All personal

2-7  information, including, but not limited to, a current or former address,

2-8  which pertains to a victim or relative and which is received by the

2-9  prosecutor pursuant to this subsection is confidential.

2-10    5.  For the purposes of this section:

2-11    (a) “Relative” of a person includes:

2-12      (1) A spouse, parent, grandparent or stepparent;

2-13      (2) A natural born child, stepchild or adopted child;

2-14      (3) A grandchild, brother, sister, half brother or half sister; or

2-15      (4) A parent of a spouse.

2-16    (b) “Victim” includes:

2-17      (1) A person, including a governmental entity, against whom a crime

2-18  has been committed;

2-19      (2) A person who has been injured or killed as a direct result of the

2-20  commission of a crime; and

2-21      (3) A relative of a person described in subparagraph (1) or (2).

2-22    6.  This section does not restrict the authority of the court to consider

2-23  any reliable and relevant evidence at the time of sentencing.

 

2-24  H