(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 254–Senator Neal

 

February 27, 2001

____________

 

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

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Referred to Committee on Judiciary

 

SUMMARY—Establishes moratorium on execution of sentences of death until July 1, 2003, and provides for study of issues regarding death penalty. (BDR S‑871)

 

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; 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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. 1.  Notwithstanding the provisions of any law, rule of

1-2  court or order issued by a court of competent jurisdiction, a moratorium on

1-3  the execution of all sentences of death is hereby established until July 1,

1-4  2003, and the sentence of any person sentenced to death before, on or after

1-5  the effective date of this act must not be executed until July 1, 2003.

1-6    2.  Notwithstanding the provisions of any law, rule of court or order

1-7  issued by a court of competent jurisdiction:

1-8    (a) If , before the effective date of this act, a court has issued a warrant

1-9  of execution of a sentence of death that appoints a week within which the

1-10  judgment of death is to be executed which is before July 1, 2003, the court

1-11  shall, not later than 60 days after the effective date of this act, issue a new

1-12  warrant of execution of the sentence of death appointing a week within

1-13  which the judgment of death is to be executed which is on or after

1-14  July 1, 2003.

1-15  (b) On or after the effective date of this act, a court shall not issue a

1-16  warrant of execution of a sentence of death that appoints a week within

1-17  which the judgment of death is to be executed which is before July 1, 2003.

1-18  3.  The provisions of this section must not be construed to:

2-1    (a) Affect any procedures regarding charging, prosecution or sentencing

2-2  with respect to any offense committed before, on or after the effective date

2-3  of this act;

2-4    (b) Prevent any person from being sentenced to death before, on or after

2-5  the effective date of this act;

2-6    (c) Constitute the granting of a commutation or pardon to a person

2-7  sentenced to death before, on or after the effective date of this act;

2-8    (d) Alter or amend the sentence of any person sentenced to death

2-9  before, on or after the effective date of this act; or

2-10  (e) Affect any appeal, petition for a writ of habeas corpus or other

2-11  request for judicial relief filed before, on or after the effective date of this

2-12  act.

2-13  Sec. 2.  1.  Except as otherwise provided in this subsection, the

2-14  Legislative Commission shall direct a legislative committee established by

2-15  statute to conduct a study of issues regarding the death penalty. If the study

2-16  of issues regarding the death penalty is a subject that is not appropriately

2-17  within the jurisdiction of any such legislative committee, the Legislative

2-18  Commission shall appoint a committee to conduct an interim study of

2-19  issues regarding the death penalty.

2-20  2.  The study must include, without limitation, consideration of the

2-21  following issues regarding the death penalty:

2-22  (a) The impact of race, color, religion, national origin, sexual

2-23  orientation, economic status or geographic location of defendants in capital

2-24  cases with respect to decisions concerning charging, prosecuting and

2-25  sentencing.

2-26  (b) Whether defendants who are under 18 years of age or mentally

2-27  retarded at the time of committing an offense should be sentenced to death.

2-28  (c) The competency of counsel to defendants in capital cases.

2-29  (d) The adequacy of resources provided to defendants in capital cases.

2-30  (e) Whether jurors have a proper and adequate understanding of the

2-31  application of the law and of jury instructions in capital cases.

2-32  (f) Whether capital punishment serves as an effective deterrent against

2-33  the commission of murder.

2-34  (g) The costs in Nevada of prosecuting capital cases and incarcerating a

2-35  person under the death penalty versus the cost of prosecuting a noncapital

2-36  case and sentencing a person for life without the possibility of parole.

2-37  (h) The number of defendants actually executed compared with the

2-38  number of those who were sentenced to death.

2-39  (i) With respect to DNA testing:

2-40      (1) The availability, cost and extent of its use, both in Nevada and in

2-41  the rest of the country.

2-42      (2) Current policies regarding the use of DNA testing in Nevada

2-43  compared with policies in the remainder of the states.

2-44      (3) The manner for storing and using such DNA information.

2-45      (4) Post-conviction DNA testing, criteria for requests by prisoners

2-46  and procedures for handling those requests.

2-47      (5) Any Fifth Amendment or other constitutional issues related to the

2-48  use of DNA evidence in capital cases.

3-1    (j) The need for any appropriate legislation or adoption of court rules

3-2  which would contribute or assist in ensuring that the death penalty is

3-3  administered fairly and impartially and in accordance with all applicable

3-4  constitutional provisions and that persons who are innocent are not

3-5  sentenced to death or executed.

3-6    3.  A report of the results of the study and any recommendations for

3-7  legislation must be submitted to the 72nd session of the Nevada

3-8  Legislature.

3-9    Sec. 3. This act becomes effective upon passage and approval and

3-10  expires by limitation on July 1, 2003.

 

3-11  H