(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 254–Senator Neal

 

February 27, 2001

____________

 

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

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Establishes moratorium on execution of sentences of death of certain persons 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.

 

~

 

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 of certain persons 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.  Except as otherwise provided in subsection 2,

1-2  notwithstanding the provisions of any law, rule of court, order issued by a

1-3  court of competent jurisdiction or warrant of execution of a sentence of

1-4  death, a moratorium on the execution of all sentences of death is hereby

1-5  established until July 1, 2003, and the sentence of any person sentenced to

1-6  death before, on or after the effective date of this act must not be executed

1-7  until July 1, 2003.

1-8    2.  The provisions of subsection 1 do not apply to the execution of a

1-9  sentence of death of any person who, not later than 30 days before the

1-10  beginning of the week within which his judgment of death is to be

1-11  executed, submits a written statement to the Director of the Department of

1-12  Prisons, on a form prescribed and provided by the Director, that:

1-13    (a) Is signed by the person in the presence of two attesting witnesses;

1-14  and

1-15    (b) States that the person:

2-1       (1) Is submitting a written statement pursuant to this subsection

2-2  voluntarily and not under duress or coercion;

2-3       (2) Has had the opportunity to consult with an attorney regarding the

2-4  provisions of this section and the effect of submitting a written statement

2-5  pursuant to this subsection;

2-6       (3) Is competent and not under the influence of intoxicating liquor or

2-7  a controlled substance that would impair his ability to understand the effect

2-8  of submitting a written statement pursuant to this subsection;

2-9       (4) Understands that submitting a written statement pursuant to this

2-10  subsection will result in the execution of his sentence of death; and

2-11      (5) Desires that his sentence of death be executed, despite the fact

2-12  that a moratorium on the execution of sentences of death has been

2-13  established pursuant to this section.

2-14  3.  The provisions of this section must not be construed to:

2-15  (a) Affect any procedures regarding charging, prosecution or sentencing

2-16  with respect to any offense committed before, on or after the effective date

2-17  of this act;

2-18  (b) Prevent any person from being sentenced to death before, on or after

2-19  the effective date of this act;

2-20  (c) Constitute the granting of a commutation or pardon to a person

2-21  sentenced to death before, on or after the effective date of this act;

2-22  (d) Alter or amend the sentence of any person sentenced to death

2-23  before, on or after the effective date of this act; or

2-24  (e) Affect any appeal, petition for a writ of habeas corpus or other

2-25  request for judicial relief filed before, on or after the effective date of this

2-26  act.

2-27  Sec. 2.  1.  Except as otherwise provided in this subsection, the

2-28  Legislative Commission shall direct a legislative committee established by

2-29  statute to conduct a study of issues regarding the death penalty. If the study

2-30  of issues regarding the death penalty is a subject that is not appropriately

2-31  within the jurisdiction of any such legislative committee, the Legislative

2-32  Commission shall appoint a committee to conduct an interim study of

2-33  issues regarding the death penalty.

2-34  2.  The study must include, without limitation, consideration of the

2-35  following issues regarding the death penalty:

2-36  (a) The impact of race, color, religion, national origin, sexual

2-37  orientation, economic status or geographic location of defendants in capital

2-38  cases with respect to decisions concerning charging, prosecuting and

2-39  sentencing.

2-40  (b) Whether defendants who are under 18 years of age or mentally

2-41  retarded at the time of committing an offense should be sentenced to death.

2-42  (c) The competency of counsel to defendants in capital cases.

2-43  (d) The adequacy of resources provided to defendants in capital cases.

2-44  (e) Whether jurors have a proper and adequate understanding of the

2-45  application of the law and of jury instructions in capital cases.

2-46  (f) Whether capital punishment serves as an effective deterrent against

2-47  the commission of murder.

3-1    (g) The costs in Nevada of prosecuting capital cases and incarcerating a

3-2  person under the death penalty versus the cost of prosecuting a noncapital

3-3  case and sentencing a person for life without the possibility of parole.

3-4    (h) The number of defendants actually executed compared with the

3-5  number of those who were sentenced to death.

3-6    (i) With respect to DNA testing:

3-7       (1) The availability, cost and extent of its use, both in Nevada and in

3-8  the rest of the country.

3-9       (2) Current policies regarding the use of DNA testing in Nevada

3-10  compared with policies in the remainder of the states.

3-11      (3) The manner for storing and using such DNA information.

3-12      (4) Post-conviction DNA testing, criteria for requests by prisoners

3-13  and procedures for handling those requests.

3-14      (5) Any Fifth Amendment or other constitutional issues related to the

3-15  use of DNA evidence in capital cases.

3-16  (j) The need for any appropriate legislation or adoption of court rules

3-17  which would contribute or assist in ensuring that the death penalty is

3-18  administered fairly and impartially and in accordance with all applicable

3-19  constitutional provisions and that persons who are innocent are not

3-20  sentenced to death or executed.

3-21  3.  A report of the results of the study and any recommendations for

3-22  legislation must be submitted to the 72nd session of the Nevada

3-23  Legislature.

3-24  Sec. 3. This act becomes effective upon passage and approval and

3-25  expires by limitation on July 1, 2003.

 

3-26  H