SB254

Senate Bill No. 254–Senator Neal

February 27, 2001

____________

Joint Sponsors: Assemblymen Anderson, Leslie,
Williams, Arberry and Giunchigliani

____________

Referred to Committee on Judiciary

SUMMARY—Abolishes capital punishment. (BDR 15‑871)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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).

AN ACT relating to capital punishment; abolishing the imposition of a sentence of death; amending or repealing related statutes pertaining to the existence, imposition and execution of a sentence of death; reducing the sentence of any person sentenced to death to a sentence of imprisonment for life without the possibility of parole; 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 193.120 is hereby amended to read as follows:

1-2 193.120 1. A crime is an act or omission forbidden by law and

1-3 punishable upon conviction by [death,] imprisonment, fine or other penal

1-4 discipline.

1-5 2. Every crime [which may be punished by death or] punishable by

1-6 imprisonment in the state prison is a felony.

1-7 3. Every crime punishable by a fine of not more than $1,000, or by

1-8 imprisonment in a county jail for not more than 6 months, is a

1-9 misdemeanor.

1-10 4. Every other crime is a gross misdemeanor.

1-11 Sec. 2. NRS 193.130 is hereby amended to read as follows:

1-12 193.130 1. Except when a person is convicted of a category A

1-13 felony, and except as otherwise provided by specific statute, a person

1-14 convicted of a felony shall be sentenced to a minimum term and a

1-15 maximum term of imprisonment which must be within the limits

1-16 prescribed by the applicable statute, unless the statute in force at the time

1-17 of commission of the felony prescribed a different penalty. The minimum

2-1 term of imprisonment that may be imposed must not exceed 40 percent of

2-2 the maximum term imposed.

2-3 2. Except as otherwise provided by specific statute, for each felony

2-4 committed on or after [July 1, 1995:] October 1, 2001:

2-5 (a) A category A felony is a felony for which a sentence of [death or]

2-6 imprisonment in the state prison for life with or without the possibility of

2-7 parole may be imposed, as provided by specific statute.

2-8 (b) A category B felony is a felony for which the minimum term of

2-9 imprisonment in the state prison that may be imposed is not less than 1

2-10 year and the maximum term of imprisonment that may be imposed is not

2-11 more than 20 years, as provided by specific statute.

2-12 (c) A category C felony is a felony for which a court shall sentence a

2-13 convicted person to imprisonment in the state prison for a minimum term

2-14 of not less than 1 year and a maximum term of not more than 5 years. In

2-15 addition to any other penalty, the court may impose a fine of not more than

2-16 $10,000, unless a greater fine is authorized or required by statute.

2-17 (d) A category D felony is a felony for which a court shall sentence a

2-18 convicted person to imprisonment in the state prison for a minimum term

2-19 of not less than 1 year and a maximum term of not more than 4 years. In

2-20 addition to any other penalty, the court may impose a fine of not more than

2-21 $5,000, unless a greater fine is authorized or required by statute.

2-22 (e) A category E felony is a felony for which a court shall sentence a

2-23 convicted person to imprisonment in the state prison for a minimum term

2-24 of not less than 1 year and a maximum term of not more than 4 years.

2-25 Except as otherwise provided in paragraph (b) of subsection 1 of NRS

2-26 176A.100, upon sentencing a person who is found guilty of a category E

2-27 felony, the court shall suspend the execution of the sentence and grant

2-28 probation to the person upon such conditions as the court deems

2-29 appropriate. Such conditions of probation may include, but are not limited

2-30 to, requiring the person to serve a term of confinement of not more than 1

2-31 year in the county jail. In addition to any other penalty, the court may

2-32 impose a fine of not more than $5,000, unless a greater penalty is

2-33 authorized or required by statute.

2-34 Sec. 3. NRS 194.010 is hereby amended to read as follows:

2-35 194.010 All persons are liable to punishment except those belonging to

2-36 the following classes:

2-37 1. Children under the age of 8 years.

2-38 2. Children between the ages of 8 years and 14 years, in the absence of

2-39 clear proof that at the time of committing the act charged against them they

2-40 knew its wrongfulness.

2-41 3. Idiots.

2-42 4. Persons who committed the act or made the omission charged under

2-43 an ignorance or mistake of fact, which disproves any criminal intent, where

2-44 a specific intent is required to constitute the offense.

2-45 5. Persons who committed the act charged without being conscious

2-46 thereof.

2-47 6. Persons who committed the act or made the omission charged,

2-48 through misfortune or by accident, when it appears that there was no evil

2-49 design, intention or culpable negligence.

3-1 7. Persons, unless the crime is [punishable with death,] murder of the

3-2 first degree, who committed the act or made the omission charged under

3-3 threats or menaces sufficient to show that they had reasonable cause to

3-4 believe, and did believe, their lives would be endangered if they refused, or

3-5 that they would suffer great bodily harm.

3-6 Sec. 4. NRS 200.030 is hereby amended to read as follows:

3-7 200.030 1. Murder of the first degree is murder which is:

3-8 (a) Perpetrated by means of poison, lying in wait or torture, or by any

3-9 other kind of willful, deliberate and premeditated killing;

3-10 (b) Committed in the perpetration or attempted perpetration of sexual

3-11 assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual

3-12 abuse of a child, sexual molestation of a child under the age of 14 years or

3-13 child abuse;

3-14 (c) Committed to avoid or prevent the lawful arrest of any person by a

3-15 peace officer or to effect the escape of any person from legal custody; or

3-16 (d) Committed on the property of a public or private school, at an

3-17 activity sponsored by a public or private school or on a school bus while

3-18 the bus was engaged in its official duties by a person who intended to

3-19 create a great risk of death or substantial bodily harm to more than one

3-20 person by means of a weapon, device or course of action that would

3-21 normally be hazardous to the lives of more than one person.

3-22 2. Murder of the second degree is all other kinds of murder.

3-23 3. The jury before whom any person indicted for murder is tried shall,

3-24 if they find him guilty thereof, designate by their verdict whether he is

3-25 guilty of murder of the first or second degree.

3-26 4. A person convicted of murder of the first degree is guilty of a

3-27 category A felony and shall be punished[:

3-28 (a) By death, only if one or more aggravating circumstances are found

3-29 and any mitigating circumstance or circumstances which are found do not

3-30 outweigh the aggravating circumstance or circumstances; or

3-31 (b) By] by imprisonment in the state prison:

3-32 [(1)] (a) For life without the possibility of parole;

3-33 [(2)] (b) For life with the possibility of parole, with eligibility for

3-34 parole beginning when a minimum of 20 years has been served; or

3-35 [(3)] (c) For a definite term of 50 years, with eligibility for parole

3-36 beginning when a minimum of 20 years has been served.

3-37 [A determination of whether aggravating circumstances exist is not

3-38 necessary to fix the penalty at imprisonment for life with or without the

3-39 possibility of parole.]

3-40 5. A person convicted of murder of the second degree is guilty of a

3-41 category A felony and shall be punished by imprisonment in the state

3-42 prison:

3-43 (a) For life with the possibility of parole, with eligibility for parole

3-44 beginning when a minimum of 10 years has been served; or

3-45 (b) For a definite term of 25 years, with eligibility for parole beginning

3-46 when a minimum of 10 years has been served.

3-47 6. As used in this section:

3-48 (a) “Child abuse” means physical injury of a nonaccidental nature to a

3-49 child under the age of 18 years;

4-1 (b) “School bus” has the meaning ascribed to it in NRS 483.160;

4-2 (c) “Sexual abuse of a child” means any of the acts described in NRS

4-3 432B.100; and

4-4 (d) “Sexual molestation” means any willful and lewd or lascivious act,

4-5 other than acts constituting the crime of sexual assault, upon or with the

4-6 body, or any part or member thereof, of a child under the age of 14 years,

4-7 with the intent of arousing, appealing to, or gratifying the lust, passions or

4-8 sexual desires of the perpetrator or of the child.

4-9 Sec. 5. NRS 7.125 is hereby amended to read as follows:

4-10 7.125 1. Except as limited by subsections 2, 3 and 4, an attorney

4-11 other than a public defender appointed by a magistrate or a district court to

4-12 represent or defend a defendant at any stage of the criminal proceedings

4-13 from the defendant’s initial appearance before the magistrate or the district

4-14 court through the appeal, if any, is entitled to receive a fee for court

4-15 appearances and other time reasonably spent on the matter to which the

4-16 appointment is made, $75 per hour. Except for cases in which the most

4-17 serious crime is a felony punishable by [death or by] imprisonment for life

4-18 with or without possibility of parole, this subsection does not preclude a

4-19 governmental entity from contracting with a private attorney who agrees to

4-20 provide such services for a lesser rate of compensation.

4-21 2. The total fee for each attorney in any matter regardless of the

4-22 number of offenses charged or ancillary matters pursued must not exceed:

4-23 (a) If the most serious crime is a felony punishable by [death or by]

4-24 imprisonment for life with or without possibility of parole, $12,000;

4-25 (b) If the most serious crime is a felony other than a felony included in

4-26 paragraph (a) or is a gross misdemeanor, $2,500;

4-27 (c) If the most serious crime is a misdemeanor, $750;

4-28 (d) For an appeal of one or more misdemeanor convictions, $750; or

4-29 (e) For an appeal of one or more gross misdemeanor or felony

4-30 convictions, $2,500.

4-31 3. An attorney appointed by a district court to represent an indigent

4-32 petitioner for a writ of habeas corpus or other post-conviction relief, if the

4-33 petitioner is imprisoned pursuant to a judgment of conviction of a gross

4-34 misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

4-35 4. If the appointing court because of:

4-36 (a) The complexity of a case or the number of its factual or legal issues;

4-37 (b) The severity of the offense;

4-38 (c) The time necessary to provide an adequate defense; or

4-39 (d) Other special circumstances,

4-40 deems it appropriate to grant a fee in excess of the applicable maximum,

4-41 the payment must be made, but only if the court in which the representation

4-42 was rendered certifies that the amount of the excess payment is both

4-43 reasonable and necessary and the payment is approved by the presiding

4-44 judge of the judicial district in which the attorney was appointed, or if there

4-45 is no such presiding judge or if he presided over the court in which the

4-46 representation was rendered, then by the district judge who holds seniority

4-47 in years of service in office.

4-48 5. The magistrate, the district court or the supreme court may, in the

4-49 interests of justice, substitute one appointed attorney for another at any

5-1 stage of the proceedings, but the total amount of fees granted all appointed

5-2 attorneys must not exceed those allowable if but one attorney represented

5-3 or defended the defendant at all stages of the criminal proceeding.

5-4 Sec. 6. NRS 34.724 is hereby amended to read as follows:

5-5 34.724 1. Any person convicted of a crime and under sentence of

5-6 [death or] imprisonment who claims that the conviction was obtained, or

5-7 that the sentence was imposed, in violation of the Constitution of the

5-8 United States or the constitution or laws of this state, or who claims that

5-9 the time he has served pursuant to the judgment of conviction has been

5-10 improperly computed, may, without paying a filing fee, file a post-

5-11 conviction petition for a writ of habeas corpus to obtain relief from the

5-12 conviction or sentence or to challenge the computation of time that he has

5-13 served.

5-14 2. Such a petition:

5-15 (a) Is not a substitute for and does not affect any remedies which are

5-16 incident to the proceedings in the trial court or the remedy of direct review

5-17 of the sentence or conviction.

5-18 (b) Comprehends and takes the place of all other common law, statutory

5-19 or other remedies which have been available for challenging the validity of

5-20 the conviction or sentence, and must be used exclusively in place of them.

5-21 (c) Is the only remedy available to an incarcerated person to challenge

5-22 the computation of time that he has served pursuant to a judgment of

5-23 conviction.

5-24 Sec. 7. NRS 34.735 is hereby amended to read as follows:

5-25 34.735 A petition must be in substantially the following form, with

5-26 appropriate modifications if the petition is filed in the supreme court:

5-27 Case No...........

5-28 Dept. No..........

5-29 IN THE .................. JUDICIAL DISTRICT COURT OF THE

5-30 STATE OF NEVADA IN AND FOR THE COUNTY OF..................

5-31 ..................................

5-32 Petitioner,

5-33 v. PETITION FOR WRIT

5-34 OF HABEAS CORPUS

5-35 (POST-CONVICTION)

5-36 ..................................

5-37 Respondent.

5-38 INSTRUCTIONS:

5-39 (1) This petition must be legibly handwritten or typewritten, signed by

5-40 the petitioner and verified.

5-41 (2) Additional pages are not permitted except where noted or with

5-42 respect to the facts which you rely upon to support your grounds for relief.

5-43 No citation of authorities need be furnished. If briefs or arguments are

5-44 submitted, they should be submitted in the form of a separate

5-45 memorandum.

6-1 (3) If you want an attorney appointed, you must complete the Affidavit

6-2 in Support of Request to Proceed in Forma Pauperis. You must have an

6-3 authorized officer at the prison complete the certificate as to the amount of

6-4 money and securities on deposit to your credit in any account in the

6-5 institution.

6-6 (4) You must name as respondent the person by whom you are confined

6-7 or restrained. If you are in a specific institution of the department of

6-8 prisons, name the warden or head of the institution. If you are not in a

6-9 specific institution of the department but within its custody, name the

6-10 director of the department of prisons.

6-11 (5) You must include all grounds or claims for relief which you may

6-12 have regarding your conviction or sentence. Failure to raise all grounds in

6-13 this petition may preclude you from filing future petitions challenging your

6-14 conviction and sentence.

6-15 (6) You must allege specific facts supporting the claims in the petition

6-16 you file seeking relief from any conviction or sentence. Failure to allege

6-17 specific facts rather than just conclusions may cause your petition to be

6-18 dismissed. If your petition contains a claim of ineffective assistance of

6-19 counsel, that claim will operate to waive the attorney-client privilege for

6-20 the proceeding in which you claim your counsel was ineffective.

6-21 (7) When the petition is fully completed, the original and one copy must

6-22 be filed with the clerk of the state district court for the county in which you

6-23 were convicted. One copy must be mailed to the respondent, one copy to

6-24 the attorney general’s office, and one copy to the district attorney of the

6-25 county in which you were convicted or to the original prosecutor if you are

6-26 challenging your original conviction or sentence. Copies must conform in

6-27 all particulars to the original submitted for filing.

6-28 PETITION

6-29 1. Name of institution and county in which you are presently

6-30 imprisoned or where and how you are presently restrained of your
liberty:........................................................

6-31 ..............................................................

6-32 2. Name and location of court which entered the judgment of

6-33 conviction under attack: .........................

6-34 ..............................................................

6-35 3. Date of judgment of conviction:

6-36 4. Case number:

6-37 5. [(a)] Length of sentence:

6-38 ..............................................................

6-39 [(b) If sentence is death, state any date upon which execution is

6-40 scheduled:............................................. ]

6-41 6. Are you presently serving a sentence for a conviction other than the

6-42 conviction under attack in this motion? Yes ........ No ........

6-43 If “yes,” list crime, case number and sentence being served at this
time:...........................................................

6-44 ..............................................................

6-45 ..............................................................

6-46 7. Nature of offense involved in conviction being challenged: .......................

6-47 ..............................................................

7-1 8. What was your plea? (check one)

7-2 (a) Not guilty ........

7-3 (b) Guilty ........

7-4 (c) Guilty but mentally ill .......

7-5 (d) Nolo contendere ........

7-6 9. If you entered a plea of guilty or guilty but mentally ill to one count

7-7 of an indictment or information, and a plea of not guilty to another count of

7-8 an indictment or information, or if a plea of guilty or guilty but mentally ill

7-9 was negotiated, give details: .....................

7-10 ..............................................................

7-11 ..............................................................

7-12 10. If you were found guilty after a plea of not guilty, was the finding

7-13 made by: (check one)

7-14 (a) Jury ........

7-15 (b) Judge without a jury ........

7-16 11. Did you testify at the trial? Yes ........ No ........

7-17 12. Did you appeal from the judgment of conviction? Yes ........
No ........

7-18 13. If you did appeal, answer the following:

7-19 (a) Name of court:

7-20 (b) Case number or citation:

7-21 (c) Result:

7-22 (d) Date of result:

7-23 (Attach copy of order or decision, if available.)

7-24 14. If you did not appeal, explain briefly why you did not: ........................................

7-25 ..............................................................

7-26 ..............................................................

7-27 15. Other than a direct appeal from the judgment of conviction and

7-28 sentence, have you previously filed any petitions, applications or motions

7-29 with respect to this judgment in any court, state or federal? Yes ........
No ........

7-30 16. If your answer to No. 15 was “yes,” give the following

7-31 information:

7-32 (a)(1) Name of court:

7-33 (2) Nature of proceeding:

7-34 ..............................................................

7-35 (3) Grounds raised:

7-36 ..............................................................

7-37 ..............................................................

7-38 (4) Did you receive an evidentiary hearing on your petition,

7-39 application or motion? Yes ........ No ........

7-40 (5) Result:

7-41 (6) Date of result:

7-42 (7) If known, citations of any written opinion or date of orders

7-43 entered pursuant to such result: ...............

7-44 ..............................................................

7-45 (b) As to any second petition, application or motion, give the same

7-46 information:

7-47 (1) Name of court:

8-1 (2) Nature of proceeding:

8-2 (3) Grounds raised:

8-3 (4) Did you receive an evidentiary hearing on your petition,

8-4 application or motion? Yes ........ No ........

8-5 (5) Result:

8-6 (6) Date of result:

8-7 (7) If known, citations of any written opinion or date of orders

8-8 entered pursuant to such result: ...............

8-9 ...............................................................

8-10 (c) As to any third or subsequent additional applications or motions,

8-11 give the same information as above, list them on a separate sheet and

8-12 attach.

8-13 (d) Did you appeal to the highest state or federal court having

8-14 jurisdiction, the result or action taken on any petition, application or

8-15 motion?

8-16 (1) First petition, application or motion? Yes ........ No ........

8-17 Citation or date of decision:

8-18 (2) Second petition, application or motion? Yes ........ No .........

8-19 Citation or date of decision:

8-20 (3) Third or subsequent petitions, applications or motions? Yes .......

8-21 No ........

8-22 Citation or date of decision:

8-23 (e) If you did not appeal from the adverse action on any petition,

8-24 application or motion, explain briefly why you did not. (You must relate

8-25 specific facts in response to this question. Your response may be included

8-26 on paper which is 8 1/2 by 11 inches attached to the petition. Your

8-27 response may not exceed five handwritten or typewritten pages in
length.)

8-28 ..............................................................

8-29 ..............................................................

8-30 17. Has any ground being raised in this petition been previously

8-31 presented to this or any other court by way of petition for habeas corpus,

8-32 motion, application or any other post-conviction proceeding? If so,

8-33 identify:

8-34 (a) Which of the grounds is the same: ....

8-35 ..............................................................

8-36 (b) The proceedings in which these grounds were raised: ..................................

8-37 ..............................................................

8-38 (c) Briefly explain why you are again raising these grounds. (You must

8-39 relate specific facts in response to this question. Your response may be

8-40 included on paper which is 8 1/2 by 11 inches attached to the petition.

8-41 Your response may not exceed five handwritten or typewritten pages in

8-42 length.) ..................................................

8-43 ..............................................................

8-44 18. If any of the grounds listed in Nos. 23(a), (b), (c) [and] or (d), or

8-45 listed on any additional pages you have attached, were not previously

8-46 presented in any other court, state or federal, list briefly what grounds were

8-47 not so presented, and give your reasons for not presenting them. (You must

8-48 relate specific facts in response to this question. Your response may be

9-1 included on paper which is 8 1/2 by 11 inches attached to the petition.

9-2 Your response may not exceed five handwritten or typewritten pages in

9-3 length.) ...................................................

9-4 ...............................................................

9-5 19. Are you filing this petition more than 1 year following the filing of

9-6 the judgment of conviction or the filing of a decision on direct appeal? If

9-7 so, state briefly the reasons for the delay. (You must relate specific facts in

9-8 response to this question. Your response may be included on paper which

9-9 is 8 1/2 by 11 inches attached to the petition. Your response may not

9-10 exceed five handwritten or typewritten pages in length.) .........................................

9-11 ..............................................................

9-12 20. Do you have any petition or appeal now pending in any court,

9-13 either state or federal, as to the judgment under attack? Yes ........ No ........

9-14 If yes, state what court and the case number: .....................................................

9-15 ..............................................................

9-16 21. Give the name of each attorney who represented you in the

9-17 proceeding resulting in your conviction and on direct appeal: ..................................

9-18 ..............................................................

9-19 22. Do you have any future sentences to serve after you complete the

9-20 sentence imposed by the judgment under attack? Yes ........ No ........

9-21 If yes, specify where and when it is to be served, if you know: ..................................

9-22 ..............................................................

9-23 23. State concisely every ground on which you claim that you are

9-24 being held unlawfully. Summarize briefly the facts supporting each

9-25 ground. If necessary you may attach pages stating additional grounds and

9-26 facts supporting same.

9-27 (a) Ground one: ....................................

9-28 ..............................................................

9-29 Supporting FACTS (Tell your story briefly without citing cases or law.):.............

9-30 ..............................................................

9-31 ..............................................................

9-32 (b) Ground two: ...................................

9-33 ..............................................................

9-34 Supporting FACTS (Tell your story briefly without citing cases or law.): ............

9-35 ..............................................................

9-36 ..............................................................

9-37 (c) Ground three: ..................................

9-38 ..............................................................

9-39 Supporting FACTS (Tell your story briefly without citing cases or law.): ............

9-40 ..............................................................

9-41 ..............................................................

9-42 (d) Ground four: ..................................

9-43 ..............................................................

9-44 Supporting FACTS (Tell your story briefly without citing cases or law.): ............

9-45 ..............................................................

9-46 ..............................................................

9-47 WHEREFORE, petitioner prays that the court grant petitioner relief to

9-48 which he may be entitled in this proceeding.

10-1 EXECUTED at ................... on the ....... day of the month of ....... of the

10-2 year .......

10-3 ..............

10-4 Signature of petitioner

10-5 ..............

10-6 Address

10-7 ...............................

10-8 Signature of attorney (if any)

10-9 ...............................

10-10 Attorney for petitioner

10-11 ..............................

10-12 Address

10-13 VERIFICATION

10-14 Under penalty of perjury, the undersigned declares that he is the

10-15 petitioner named in the foregoing petition and knows the contents thereof;

10-16 that the pleading is true of his own knowledge, except as to those matters

10-17 stated on information and belief, and as to such matters he believes them to

10-18 be true.

10-19 ..............

10-20 Petitioner

10-21 ..............

10-22 Attorney for petitioner

10-23 CERTIFICATE OF SERVICE BY MAIL

10-24 I, ................................, hereby certify pursuant to N.R.C.P. 5(b), that on

10-25 this ........ day of the month of ........ of the year ........, I mailed a true and

10-26 correct copy of the foregoing PETITION FOR WRIT OF HABEAS

10-27 CORPUS addressed to:

10-28 ...................................

10-29 Respondent prison or jail official

10-30 ...................................

10-31 Address

10-32 ...................................

10-33 Attorney General

10-34 Heroes’ Memorial Building

10-35 Capitol Complex

10-36 Carson City, Nevada 89710

10-37 ...................................

10-38 District Attorney of County of Conviction

10-39 ...................................

10-40 Address

10-41 ...........................

10-42 Signature of Petitioner

11-1 Sec. 8. NRS 174.065 is hereby amended to read as follows:

11-2 174.065 Except as otherwise provided in NRS 174.061:

11-3 1. On a plea of guilty or guilty but mentally ill to an information or

11-4 indictment accusing a defendant of a crime divided into degrees, when

11-5 consented to by the prosecuting attorney in open court and approved by the

11-6 court, the plea may specify the degree, and in such event the defendant

11-7 shall not be punished for a higher degree than that specified in the plea.

11-8 2. On a plea of guilty or guilty but mentally ill to an indictment or

11-9 information for murder of the first degree, when consented to by the

11-10 prosecuting attorney in open court and approved by the court, the plea may

11-11 specify a punishment . [less than death.] The specified punishment, or any

11-12 lesser punishment, may be imposed by a single judge.

11-13 Sec. 9. NRS 175.011 is hereby amended to read as follows:

11-14 175.011 1. In a district court, cases required to be tried by jury must

11-15 be so tried unless the defendant waives a jury trial in writing with the

11-16 approval of the court and the consent of the state. A defendant who pleads

11-17 not guilty to the charge of [a capital] the offense of murder of the first

11-18 degree must be tried by jury.

11-19 2. In a justice’s court, a case must be tried by jury only if the defendant

11-20 so demands in writing not less than 30 days before trial. Except as

11-21 otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a

11-22 reporter must be present who is a certified court reporter and shall report

11-23 the trial.

11-24 Sec. 10. NRS 175.051 is hereby amended to read as follows:

11-25 175.051 1. If the offense charged is punishable [by death or] by

11-26 imprisonment for life, each side is entitled to eight peremptory challenges.

11-27 2. If the offense charged is punishable by imprisonment for any other

11-28 term or by fine or by both fine and imprisonment, each side is entitled to

11-29 four peremptory challenges.

11-30 3. The state and the defendant shall exercise their challenges

11-31 alternately, in that order. Any challenge not exercised in its proper order is

11-32 waived.

11-33 Sec. 11. NRS 175.151 is hereby amended to read as follows:

11-34 175.151 If the indictment or information [be for an offense punishable

11-35 with death,] is for the offense of murder of the first degree, two counsel

11-36 on each side may argue the case to the jury, but in such case, as well as in

11-37 all others, the counsel for the state must open and conclude the argument.

11-38 If [it be] the indictment or information is for any other offense, the court

11-39 may, in its discretion, restrict the argument to one counsel on each side.

11-40 Sec. 12. NRS 175.552 is hereby amended to read as follows:

11-41 175.552 1. Except as otherwise provided in subsection 2, in every

11-42 case in which there is a finding that a defendant is guilty of murder of the

11-43 first degree, [whether or not the death penalty is sought,] the court shall

11-44 conduct a separate penalty hearing. The separate penalty hearing must be

11-45 conducted as follows:

11-46 (a) If the finding is made by a jury, the separate penalty hearing must be

11-47 conducted in the trial court before the trial jury, as soon as practicable.

11-48 (b) [If the finding is made upon a plea of guilty or guilty but mentally ill

11-49 or a trial without a jury and the death penalty is sought, the separate

12-1 penalty hearing must be conducted before a panel of three district judges,

12-2 as soon as practicable.

12-3 (c)] If the finding is made upon a plea of guilty or guilty but mentally ill

12-4 or a trial without a jury , [and the death penalty is not sought,] the separate

12-5 penalty hearing must be conducted before the judge who conducted the

12-6 trial or who accepted the plea, as soon as practicable.

12-7 2. [In a case in which the death penalty is not sought, the] The parties

12-8 may by stipulation waive the separate penalty hearing required in

12-9 subsection 1. When stipulating to such a waiver, the parties may also

12-10 include an agreement to have the sentence, if any, imposed by the trial

12-11 judge. Any stipulation pursuant to this subsection must be in writing and

12-12 signed by the defendant, his attorney, if any, and the prosecuting attorney.

12-13 3. In the hearing, evidence may be presented [concerning aggravating

12-14 and mitigating circumstances relative to the offense, defendant or victim

12-15 and] on any [other] matter which the court deems relevant to sentence,

12-16 whether or not the evidence is ordinarily admissible. Evidence may be

12-17 offered to refute hearsay matters. No evidence which was secured in

12-18 violation of the Constitution of the United States or the constitution of the

12-19 State of Nevada may be introduced. [The state may introduce evidence of

12-20 additional aggravating circumstances as set forth in NRS 200.033, other

12-21 than the aggravated nature of the offense itself, only if it has been disclosed

12-22 to the defendant before the commencement of the penalty hearing.

12-23 4. In a case in which the death penalty is not sought, the]

12-24 4. The jury or the trial judge shall determine whether the defendant

12-25 should be sentenced to life with the possibility of parole or life without the

12-26 possibility of parole.

12-27 Sec. 13. NRS 175.556 is hereby amended to read as follows:

12-28 175.556 [1. In a case in which the death penalty is sought, if a jury is

12-29 unable to reach a unanimous verdict upon the sentence to be imposed, the

12-30 supreme court shall appoint two district judges from judicial districts other

12-31 than the district in which the plea is made, who shall with the district judge

12-32 who conducted the trial, or his successor in office, conduct the required

12-33 penalty hearing to determine the presence of aggravating and mitigating

12-34 circumstances, and give sentence accordingly. A sentence of death may be

12-35 given only by unanimous vote of the three judges, but any other sentence

12-36 may be given by the vote of a majority.

12-37 2. In a case in which the death penalty is not sought, if] If a jury is

12-38 unable to reach a unanimous verdict upon the sentence to be imposed, the

12-39 trial judge shall impose the sentence.

12-40 Sec. 14. NRS 176.035 is hereby amended to read as follows:

12-41 176.035 1. Except as otherwise provided in subsection 2, whenever a

12-42 person is convicted of two or more offenses, and sentence has been

12-43 pronounced for one offense, the court in imposing any subsequent sentence

12-44 may provide that the sentences subsequently pronounced run either

12-45 concurrently or consecutively with the sentence first imposed. Except as

12-46 otherwise provided in subsections 2 and 3, if the court makes no order with

12-47 reference thereto, all such subsequent sentences run concurrently.

12-48 2. Except as otherwise provided in this subsection, whenever a person

12-49 under sentence of imprisonment for committing a felony commits another

13-1 crime constituting a felony and is sentenced to another term of

13-2 imprisonment for that felony, the latter term must not begin until the

13-3 expiration of all prior terms. If the person is a probationer at the time the

13-4 subsequent felony is committed, the court may provide that the latter term

13-5 of imprisonment run concurrently with any prior terms or portions thereof.

13-6 3. Whenever a person under sentence of imprisonment commits

13-7 another crime constituting a misdemeanor or gross misdemeanor, the court

13-8 shall provide expressly whether the sentence subsequently pronounced runs

13-9 concurrently or consecutively with the one first imposed.

13-10 4. Whenever a person under sentence of imprisonment commits

13-11 [another crime for which the punishment is death,] the crime of murder of

13-12 the first degree, the sentence must be executed without reference to the

13-13 unexpired term of imprisonment.

13-14 5. This section does not prevent the state board of parole

13-15 commissioners from paroling a person under consecutive sentences of

13-16 imprisonment from a current term of imprisonment to a subsequent term of

13-17 imprisonment.

13-18 Sec. 15. NRS 176.325 is hereby amended to read as follows:

13-19 176.325 When a judgment of imprisonment to be served in the state

13-20 prison has been pronounced, triplicate certified copies of the judgment of

13-21 conviction, attested by the clerk under the seal of the court, must forthwith

13-22 be furnished to the officers whose duty it is to execute the judgment, as

13-23 provided by NRS 176.335, and no other warrant or authority is necessary

13-24 to justify or require the execution thereof . [, except when a judgment of

13-25 death is rendered.]

13-26 Sec. 16. NRS 177.075 is hereby amended to read as follows:

13-27 177.075 1. [Exceptwhere appeal is automatic, an] An appeal from a

13-28 district court to the supreme court is taken by filing a notice of appeal with

13-29 the clerk of the district court. Bills of exception and assignments of error in

13-30 cases governed by this chapter are abolished.

13-31 2. When a court imposes sentence upon a defendant who has not

13-32 pleaded guilty or guilty but mentally ill and who is without counsel, the

13-33 court shall advise the defendant of his right to appeal, and if he so requests,

13-34 the clerk shall prepare and file forthwith a notice of appeal on his behalf.

13-35 3. A notice of appeal must be signed:

13-36 (a) By the appellant or appellant’s attorney; or

13-37 (b) By the clerk if prepared by him.

13-38 Sec. 17. NRS 177.235 is hereby amended to read as follows:

13-39 177.235 Upon the argument of the appeal, if the offense is [punishable

13-40 with death,] murder of the first degree, two counsel [shall] must be heard

13-41 on each side, if they require it. In any other case the court may, in its

13-42 discretion, restrict the argument to one counsel on each side.

13-43 Sec. 18. NRS 178.388 is hereby amended to read as follows:

13-44 178.388 1. Except as otherwise provided in this Title, the defendant

13-45 must be present at the arraignment, at every stage of the trial , including the

13-46 impaneling of the jury and the return of the verdict, and at the imposition

13-47 of sentence. A corporation may appear by counsel for all purposes.

13-48 2. In prosecutions for offenses [not punishable by death:] other than

13-49 murder of the first degree:

14-1 (a) The defendant’s voluntary absence after the trial has been

14-2 commenced in his presence must not prevent continuing the trial to , and

14-3 including the return of , the verdict.

14-4 (b) If the defendant was present at the trial through the time he pleads

14-5 guilty or guilty but mentally ill or is found guilty but at the time of his

14-6 sentencing is incarcerated in another jurisdiction, he may waive his right to

14-7 be present at the sentencing proceedings and agree to be sentenced in this

14-8 state in his absence. The defendant’s waiver is valid only if it is:

14-9 (1) Made knowingly, intelligently and voluntarily after consulting

14-10 with an attorney licensed to practice in this state;

14-11 (2) Signed and dated by the defendant and notarized by a notary

14-12 public or judicial officer; and

14-13 (3) Signed and dated by his attorney after it has been signed by the

14-14 defendant and notarized.

14-15 3. In prosecutions for offenses punishable by fine or by imprisonment

14-16 for not more than 1 year, or both, the court, with the written consent of the

14-17 defendant, may permit arraignment, plea, trial and imposition of sentence

14-18 in the defendant’s absence, if the court determines that the defendant was

14-19 fully aware of his applicable constitutional rights when he gave his

14-20 consent.

14-21 4. The presence of the defendant is not required at the arraignment or

14-22 any preceding stage if the court has provided for the use of a closed-circuit

14-23 television to facilitate communication between the court and the defendant

14-24 during the proceeding. If closed-circuit television is provided for, members

14-25 of the news media may observe and record the proceeding from both

14-26 locations unless the court specifically provides otherwise.

14-27 5. The defendant’s presence is not required at the settling of jury

14-28 instructions.

14-29 Sec. 19. NRS 209.3925 is hereby amended to read as follows:

14-30 209.3925 1. Except as otherwise provided in subsection 6, the

14-31 director may assign an offender to the custody of the division of parole and

14-32 probation of the department of motor vehicles and public safety to serve a

14-33 term of residential confinement pursuant to NRS 213.380, for not longer

14-34 than the remainder of his sentence, if:

14-35 (a) The director has reason to believe that the offender is:

14-36 (1) Physically incapacitated to such a degree that he does not

14-37 presently, and likely will not in the future, pose a threat to the safety of the

14-38 public; or

14-39 (2) In ill health and expected to die within 12 months, and does not

14-40 presently, and likely will not in the future, pose a threat to the safety of the

14-41 public; and

14-42 (b) At least two physicians licensed pursuant to chapter 630 of NRS,

14-43 one of whom is not employed by the department, verify, in writing, that the

14-44 offender is:

14-45 (1) Physically incapacitated; or

14-46 (2) In ill health and expected to die within 12 months.

14-47 2. If the director intends to assign an offender to the custody of the

14-48 division of parole and probation pursuant to this section, at least 45 days

15-1 before the date the offender is expected to be released from the custody of

15-2 the department, the director shall notify:

15-3 (a) If the offender will reside within this state after he is released from

15-4 the custody of the department, the board of county commissioners of the

15-5 county in which the offender will reside; and

15-6 (b) The division of parole and probation.

15-7 3. If any victim of a crime committed by the offender has, pursuant to

15-8 subsection 4 of NRS 213.130, requested to be notified of the consideration

15-9 of a prisoner for parole and has provided a current address, the division of

15-10 parole and probation shall notify the victim that:

15-11 (a) The director intends to assign the offender to the custody of the

15-12 division of parole and probation pursuant to this section; and

15-13 (b) The victim may submit documents to the division of parole and

15-14 probation regarding such an assignment.

15-15 If a current address has not been provided by a victim as required by

15-16 subsection 4 of NRS 213.130, the division of parole and probation must not

15-17 be held responsible if notification is not received by the victim. All

15-18 personal information, including, but not limited to, a current or former

15-19 address, which pertains to a victim and which is received by the division of

15-20 parole and probation pursuant to this subsection is confidential.

15-21 4. If an offender assigned to the custody of the division of parole and

15-22 probation pursuant to this section escapes or violates any of the terms or

15-23 conditions of his residential confinement:

15-24 (a) The division of parole and probation may, pursuant to the procedure

15-25 set forth in NRS 213.410, return the offender to the custody of the

15-26 department.

15-27 (b) The offender forfeits all or part of the credits for good behavior

15-28 earned by him before the escape or violation, as determined by the director.

15-29 The director may provide for a forfeiture of credits pursuant to this

15-30 paragraph only after proof of the offense and notice to the offender, and

15-31 may restore credits forfeited for such reasons as he considers proper. The

15-32 decision of the director regarding such a forfeiture is final.

15-33 5. The assignment of an offender to the custody of the division of

15-34 parole and probation pursuant to this section shall be deemed:

15-35 (a) A continuation of his imprisonment and not a release on parole; and

15-36 (b) For the purposes of NRS 209.341, an assignment to a facility of the

15-37 department,

15-38 except that the offender is not entitled to obtain any benefits or to

15-39 participate in any programs provided to offenders in the custody of the

15-40 department.

15-41 6. The director may not assign an offender to the custody of the

15-42 division of parole and probation pursuant to this section if the offender is

15-43 sentenced to [death or] imprisonment for life without the possibility of

15-44 parole.

15-45 7. An offender does not have a right to be assigned to the custody of

15-46 the division of parole and probation pursuant to this section, or to remain in

15-47 that custody after such an assignment, and it is not intended that the

15-48 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

15-49 any right or interest in liberty or property or establish a basis for any cause

16-1 of action against the state, its political subdivisions, agencies, boards,

16-2 commissions, departments, officers or employees.

16-3 Sec. 20. NRS 209.424 is hereby amended to read as follows:

16-4 209.424 An offender may not participate in a therapeutic community if

16-5 the offender:

16-6 1. Was sentenced to [death or] a term of imprisonment for life without

16-7 the possibility of parole; or

16-8 2. Is or was eligible to participate in the program of treatment

16-9 established pursuant to NRS 209.425, whether or not the offender actually

16-10 participated in or completed that program of treatment.

16-11 Sec. 21. NRS 212.050 is hereby amended to read as follows:

16-12 212.050 1. If any person who has been sentenced to confinement in

16-13 the state prison, by any court having competent authority within this state,

16-14 escapes therefrom, or is charged with murder , [or the perpetration of any

16-15 crime punishable with death,] the governor may, upon satisfactory

16-16 evidence of the guilt of the accused, offer a reward for information that

16-17 leads to his apprehension. The reward offered by the governor must not

16-18 exceed the sum of $5,000, and must be paid out of the reserve for statutory

16-19 contingency account upon approval by the state board of examiners.

16-20 2. If any person who has been sentenced to confinement in a jail,

16-21 branch county jail or other local detention facility by any court having

16-22 competent authority within this state, escapes therefrom, or is charged with

16-23 murder , [or perpetration of any crime punishable with death,] the board of

16-24 county commissioners of the county, the governing body of the city or

16-25 other local government responsible for the operation of the facility may,

16-26 upon satisfactory evidence of the guilt of the accused, offer a reward for

16-27 information that leads to his apprehension. The reward offered by the

16-28 board, governing body or other local government must not exceed the sum

16-29 of $5,000.

16-30 Sec. 22. NRS 213.030 is hereby amended to read as follows:

16-31 213.030 No notice [shall be] is required of an application for[:

16-32 1. A] a restoration to citizenship to take effect at the expiration of a

16-33 term of imprisonment . [; or

16-34 2. The commutation of the death penalty.]

16-35 Sec. 23. NRS 213.085 is hereby amended to read as follows:

16-36 213.085 1. If a person is convicted of murder of the first degree

16-37 before, on or after July 1, 1995, the board shall not commute[:

16-38 (a) A sentence of death; or

16-39 (b) A] a sentence of imprisonment in the state prison for life without the

16-40 possibility of parole[,] to a sentence that would allow parole.

16-41 2. If a person is convicted of any crime other than murder of the first

16-42 degree on or after July 1, 1995, the board shall not commute[:

16-43 (a) A sentence of death; or

16-44 (b) A] a sentence of imprisonment in the state prison for life without the

16-45 possibility of parole[,] to a sentence that would allow parole.

16-46 Sec. 24. NRS 213.10885 is hereby amended to read as follows:

16-47 213.10885 1. The board shall adopt by regulation specific standards

16-48 for each type of convicted person to assist the board in determining

16-49 whether to grant or revoke parole. The regulations must include standards

17-1 for determining whether to grant or revoke the parole of a convicted

17-2 person:

17-3 (a) Who committed [a capital offense.] murder of the first degree.

17-4 (b) Who was sentenced to serve a term of imprisonment for life.

17-5 (c) Who was convicted of a sexual offense involving the use or threat of

17-6 use of force or violence.

17-7 (d) Who was convicted as a habitual criminal.

17-8 (e) Who is a repeat offender.

17-9 (f) Who was convicted of any other type of offense.

17-10 The standards must be based upon objective criteria for determining the

17-11 person’s probability of success on parole.

17-12 2. In establishing the standards, the board shall consider the

17-13 information on decisions regarding parole that is compiled and maintained

17-14 pursuant to NRS 213.10887 and all other factors which are relevant in

17-15 determining the probability that a convicted person will live and remain at

17-16 liberty without violating the law if parole is granted or continued. The

17-17 other factors the board considers must include, but are not limited to:

17-18 (a) The severity of the crime committed;

17-19 (b) The criminal history of the person;

17-20 (c) Any disciplinary action taken against the person while incarcerated;

17-21 (d) Any previous parole violations or failures;

17-22 (e) Any potential threat to society or himself; and

17-23 (f) The length of his incarceration.

17-24 3. The standards adopted by the board must provide for a greater

17-25 punishment for a convicted person who has a history of repetitive criminal

17-26 conduct or who commits a serious crime, with a violent crime considered

17-27 the most serious, than for a convicted person who does not have a history

17-28 of repetitive crimes and did not commit a serious crime.

17-29 4. The board shall make available to the public a sample of the form

17-30 the board uses in determining the probability that a convicted person will

17-31 live and remain at liberty without violating the law if parole is granted or

17-32 continued.

17-33 5. On or before January 1 of each even-numbered year, the board shall

17-34 review comprehensively the standards adopted by the board. The review

17-35 must include a determination of whether the standards are effective in

17-36 predicting the probability that a convicted person will live and remain at

17-37 liberty without violating the law if parole is granted or continued. If a

17-38 standard is found to be ineffective, the board shall not use that standard in

17-39 its decisions regarding parole and shall adopt revised standards as soon as

17-40 practicable after the review.

17-41 6. The board shall report to each regular session of the legislature:

17-42 (a) The number and percentage of the board’s decisions that conflicted

17-43 with the standards;

17-44 (b) The results and conclusions from the board’s review pursuant to

17-45 subsection 5; and

17-46 (c) Any changes in the board’s standards, policies, procedures,

17-47 programs or forms that have been or will be made as a result of the review.

18-1 Sec. 25. NRS 213.133 is hereby amended to read as follows:

18-2 213.133 1. Except as otherwise provided in subsections 6 and 7, the

18-3 board may delegate its authority to hear, consider and act upon the parole

18-4 of a prisoner and on any issue before the board to a panel consisting of:

18-5 (a) Two or more members of the board, two of whom constitute a

18-6 quorum; or

18-7 (b) One member of the board who is assisted by a case hearing

18-8 representative.

18-9 2. No action taken by any panel created pursuant to paragraph (a) of

18-10 subsection 1 is valid unless concurred in by a majority vote of those sitting

18-11 on the panel.

18-12 3. The decision of a panel is subject to final approval by the

18-13 affirmative action of a majority of the members appointed to the board.

18-14 Such action may be taken at a meeting of the board, or without a meeting

18-15 by the delivery of written approval to the secretary of the board.

18-16 4. The degree of complexity of issues presented must be taken into

18-17 account before the board makes any delegation of its authority and before it

18-18 determines the extent of a delegation.

18-19 5. The board shall adopt regulations which establish the basic types of

18-20 delegable cases and the size of the panel required for each type of case.

18-21 6. A hearing concerning the parole of a prisoner or any decision on an

18-22 issue involving a person:

18-23 (a) Who committed [a capital offense;] murder of the first degree;

18-24 (b) Who is serving a sentence of imprisonment for life;

18-25 (c) Who has been convicted of a sexual offense involving the use or

18-26 threat of use of force or violence;

18-27 (d) Who is a habitual criminal; or

18-28 (e) Whose sentence has been commuted by the state board of pardons

18-29 commissioners,

18-30 must be conducted by at least three members of the board, and action may

18-31 be taken only with the concurrence of at least four members.

18-32 7. If a recommendation made by a panel deviates from the standards

18-33 adopted by the board pursuant to NRS 213.10885 or the recommendation

18-34 of the division, the chairman must concur in the recommendation.

18-35 Sec. 26. NRS 217.035 is hereby amended to read as follows:

18-36 217.035 “Crime” means:

18-37 1. An act or omission committed within this state which, if committed

18-38 by an adult, is forbidden by law and punishable upon conviction by [death,]

18-39 imprisonment, fine or other penal discipline; or

18-40 2. An act of international terrorism as defined in 18 U.S.C. § 2331(1)

18-41 against a resident.

18-42 Sec. 27. NRS 353.264 is hereby amended to read as follows:

18-43 353.264 1. The reserve for statutory contingency account is hereby

18-44 created in the state general fund.

18-45 2. The state board of examiners shall administer the reserve for

18-46 statutory contingency account, and the money in the account must be

18-47 expended only for:

18-48 (a) The payment of claims which are obligations of the state pursuant to

18-49 NRS 41.03435, 41.0347, [176.485,] 179.310, 212.040, 212.050, 212.070,

19-1 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120,

19-2 353.262, 412.154 and 475.235;

19-3 (b) The payment of claims which are obligations of the state pursuant

19-4 to:

19-5 (1) Chapter 472 of NRS arising from operations of the division of

19-6 forestry of the state department of conservation and natural resources

19-7 directly involving the protection of life and property; and

19-8 (2) NRS 7.155, 34.750, 176A.640, 178.465, 179.225, 213.153 and

19-9 293B.210,

19-10 but the claims must be approved for the respective purposes listed in this

19-11 paragraph only when the money otherwise appropriated for those purposes

19-12 has been exhausted;

19-13 (c) The payment of claims which are obligations of the state pursuant to

19-14 NRS 41.0349 and 41.037, but only to the extent that the money in the fund

19-15 for insurance premiums is insufficient to pay the claims; and

19-16 (d) The payment of claims which are obligations of the state pursuant to

19-17 NRS 535.030 arising from remedial actions taken by the state engineer

19-18 when the condition of a dam becomes dangerous to the safety of life or

19-19 property.

19-20 Sec. 28. NRS 412.304 is hereby amended to read as follows:

19-21 412.304 1. In the Nevada National Guard not in federal service, there

19-22 are general, special and summary courts-martial constituted like similar

19-23 courts of the Army and Air Force. They have the jurisdiction and powers,

19-24 except as to punishments, and shall follow the forms and procedures

19-25 provided for those courts.

19-26 2. Courts-martial [shall] must be constituted as follows:

19-27 (a) General courts-martial consisting of:

19-28 (1) A military judge and not less than five members; or

19-29 (2) A military judge alone, if, before the court is assembled, the

19-30 accused, knowing the identity of the military judge, and after consultation

19-31 with defense counsel, requests in writing, a court composed only of a

19-32 military judge, provided the military judge approves. [A court composed

19-33 only of a military judge is not available to one accused of an offense

19-34 punishable by death, except when the case has been referred to a trial as a

19-35 noncapital case.]

19-36 (b) Special courts-martial consisting of:

19-37 (1) A military judge and not less than three members; or

19-38 (2) A military judge alone, if the accused, under the same conditions

19-39 as those prescribed in subparagraph (2) of paragraph (a) of this subsection,

19-40 so requests.

19-41 (c) Summary courts-martial, consisting of one commissioned officer.

19-42 Sec. 29. NRS 453.333 is hereby amended to read as follows:

19-43 453.333 If the death of a person is proximately caused by a controlled

19-44 substance which was sold, given, traded or otherwise made available to

19-45 him by another person in violation of this chapter, the person who sold,

19-46 gave or traded or otherwise made the substance available to him is guilty of

19-47 murder. If convicted of murder in the second degree, he is guilty of a

19-48 category A felony and shall be punished as provided in subsection 5 of

19-49 NRS 200.030. If convicted of murder in the first degree, he is guilty of a

20-1 category A felony and shall be punished as provided in subsection 4 of

20-2 NRS 200.030 . [, except that the punishment of death may be imposed only

20-3 if the requirements of paragraph (a) of subsection 4 of that section have

20-4 been met and if the defendant is or has previously been convicted of

20-5 violating NRS 453.3385, 453.339 or 453.3395 or a law of any other

20-6 jurisdiction which prohibits the same conduct.]

20-7 Sec. 30. NRS 453.377 is hereby amended to read as follows:

20-8 453.377 A controlled substance may be dispensed by:

20-9 1. A registered pharmacist upon a legal prescription from a practitioner

20-10 or to a pharmacy in a correctional institution upon the written order of the

20-11 prescribing practitioner in charge.

20-12 2. A pharmacy in a correctional institution, in case of emergency, upon

20-13 a written order signed by the chief medical officer.

20-14 3. A practitioner.

20-15 4. A registered nurse, when the state, county, city or district health

20-16 officer has declared a state of emergency.

20-17 5. A medical intern in the course of his internship.

20-18 6. An advanced practitioner of nursing who holds a certificate from the

20-19 state board of nursing and a certificate from the state board of pharmacy

20-20 permitting him to dispense controlled substances.

20-21 7. [A pharmacy in an institution of the department of prisons to a

20-22 person designated by the director of the department of prisons to

20-23 administer a lethal injection to a person who has been sentenced to death.

20-24 8.] A registered pharmacist from an institutional pharmacy, pursuant to

20-25 regulations adopted by the board.

20-26 Sec. 31. NRS 454.221 is hereby amended to read as follows:

20-27 454.221 1. A person who furnishes any dangerous drug except upon

20-28 the prescription of a practitioner is guilty of a category D felony and shall

20-29 be punished as provided in NRS 193.130, unless the dangerous drug was

20-30 obtained originally by a legal prescription.

20-31 2. The provisions of this section do not apply to the furnishing of any

20-32 dangerous drug by:

20-33 (a) A practitioner to his patients;

20-34 (b) A physician’s assistant if authorized by the board;

20-35 (c) A registered nurse while participating in a public health program

20-36 approved by the board, or an advanced practitioner of nursing who holds a

20-37 certificate from the state board of nursing and a certificate from the state

20-38 board of pharmacy permitting him to dispense dangerous drugs;

20-39 (d) A manufacturer or wholesaler or pharmacy to each other or to a

20-40 practitioner or to a laboratory under records of sales and purchases that

20-41 correctly give the date, the names and addresses of the supplier and the

20-42 buyer, the drug and its quantity; or

20-43 (e) A hospital pharmacy or a pharmacy so designated by a county health

20-44 officer in a county whose population is 100,000 or more, or by a district

20-45 health officer in any county within its jurisdiction or, in the absence of

20-46 either, by the state health officer or his designated medical director of

20-47 emergency medical services, to a person or agency described in subsection

20-48 3 of NRS 639.268 to stock ambulances or other authorized vehicles or

20-49 replenish the stock . [; or

21-1 (f) A pharmacy in a correctional institution to a person designated by

21-2 the director of the department of prisons to administer a lethal injection to a

21-3 person who has been sentenced to death.]

21-4 Sec. 32. NRS 34.820, 171.194, 175.554, 175.558, 175.562, 176.025,

21-5 176.345, 176.355, 176.357, 176.365, 176.415, 176.425, 176.435, 176.445,

21-6 176.455, 176.465, 176.475, 176.485, 176.486, 176.487, 176.488, 176.489,

21-7 176.491, 176.492, 176.495, 176.505, 177.055, 177.095, 177.267, 200.033,

21-8 200.035, 213.080 and 353.094 are hereby repealed.

21-9 Sec. 33. The amendatory provisions of this act apply to offenses

21-10 committed before, on or after the effective date of this act.

21-11 Sec. 34. The sentence of any person sentenced to death before the

21-12 effective date of this act is hereby reduced to the sentence of imprisonment

21-13 in the state prison for life without the possibility of parole.

21-14 Sec. 35. This act becomes effective upon passage and approval.

21-15 LEADLINES OF REPEALED SECTIONS

21-16 34.820 Procedure in cases where petitioner has been sentenced to

21-17 death.

21-18 171.194 Procedure when arrest for capital offense.

21-19 175.554 When death penalty sought: Instructions to jury;

21-20 determinations; findings and verdict.

21-21 175.558 Procedure when person is convicted upon plea of guilty or

21-22 guilty but mentally ill or upon trial without jury and death penalty is

21-23 sought.

21-24 175.562 Procedure when panel of judges unable to obtain

21-25 concurrence of majority for sentence less than death.

21-26 176.025 Death sentence not to be imposed on person under age of

21-27 16 years convicted of crime.

21-28 176.345 Proceedings when conviction carries death penalty.

21-29 176.355 Execution of death penalty: Method; time and place;

21-30 witnesses.

21-31 176.357 Request for notification of execution of death penalty;

21-32 request to attend.

21-33 176.365 Director of department of prisons to make return on

21-34 death warrant.

21-35 176.415 When execution of death penalty may be stayed.

21-36 176.425 Sanity investigation: Filing of petition; stay of execution.

21-37 176.435 Sanity investigation: Conduct of hearing.

21-38 176.445 Execution of judgment when defendant found sane.

21-39 176.455 Suspension of execution when defendant found insane;

21-40 proceedings on recovery of sanity.

21-41 176.465 Investigation of pregnancy: Procedure; hearing.

22-1 176.475 Proceedings after investigation: Execution of judgment;

22-2 suspension of execution; issuance of warrant on termination of

22-3 pregnancy.

22-4 176.485 Costs of investigations borne by state; manner of

22-5 payment.

22-6 176.486 Authority to enter stay of execution.

22-7 176.487 Determination of whether to enter stay of execution.

22-8 176.488 Entry of stay of execution and necessary orders.

22-9 176.489 Vacation of stay of execution.

22-10 176.491 Stay of execution following denial of appeal.

22-11 176.492 Dissolution of stay of execution which was improperly

22-12 entered.

22-13 176.495 New warrant generally.

22-14 176.505 Order following appeal.

22-15 177.055 Automatic appeal in certain cases; mandatory review of

22-16 death sentence by supreme court.

22-17 177.095 Stay of execution upon sentence of death.

22-18 177.267 Time within which supreme court shall render opinion on

22-19 appeal from judgment of death.

22-20 200.033 Circumstances aggravating first degree murder.

22-21 200.035 Circumstances mitigating first degree murder.

22-22 213.080 Procedure when death penalty is commuted.

22-23 353.094 Counties’ trial assistance account: Claims by counties.

22-24 H