Assembly Bill No. 156–Committee on Judiciary

 

February 18, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Abolishes plea of guilty but mentally ill and reinstates exculpation by reason of insanity. (BDR 14‑131)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; abolishing the plea of guilty but mentally ill; reinstating exculpation by reason of insanity; providing a procedure for committing a person to a mental health facility who is acquitted by reason of insanity; 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 169.195 is hereby amended to read as follows:

1-2  169.195  1.  “Trial” means that portion of a criminal action

1-3  which:

1-4  (a) If a jury is used, begins with the impaneling of the jury and

1-5  ends with the return of the verdict, both inclusive.

1-6  (b) If no jury is used, begins with the opening statement, or if

1-7  there is no opening statement, when the first witness is sworn, and

1-8  ends with the closing argument or upon submission of the cause to

1-9  the court without argument, both inclusive.

1-10      2.  “Trial” does not include any proceeding had upon a plea of

1-11  guilty [or guilty but mentally ill] to determine the degree of guilt or

1-12  to fix the punishment.

1-13      Sec. 2.  NRS 173.035 is hereby amended to read as follows:

1-14      173.035  1.  An information may be filed against any person

1-15  for any offense when the person:

2-1  (a) Has had a preliminary examination as provided by law

2-2  before a justice of the peace, or other examining officer or

2-3  magistrate, and has been bound over to appear at the court having

2-4  jurisdiction; or

2-5  (b) Has waived his right to a preliminary examination.

2-6  2.  If, however, upon the preliminary examination the accused

2-7  has been discharged, or the affidavit or complaint upon which the

2-8  examination has been held has not been delivered to the clerk of the

2-9  proper court, the Attorney General when acting pursuant to a

2-10  specific statute or the district attorney may, upon affidavit of any

2-11  person who has knowledge of the commission of an offense, and

2-12  who is a competent witness to testify in the case, setting forth

2-13  the offense and the name of the person or persons charged with the

2-14  commission thereof, upon being furnished with the names of the

2-15  witnesses for the prosecution, by leave of the court first had, file an

2-16  information, and process must forthwith be issued thereon. The

2-17  affidavit need not be filed in cases where the defendant has waived a

2-18  preliminary examination, or upon a preliminary examination has

2-19  been bound over to appear at the court having jurisdiction.

2-20      3.  The information must be filed within 15 days after the

2-21  holding or waiver of the preliminary examination. Each information

2-22  must set forth the crime committed according to the facts.

2-23      4.  If, with the consent of the prosecuting attorney, a defendant

2-24  waives his right to a preliminary examination in accordance with an

2-25  agreement by the defendant to plead guilty[, guilty but mentally ill]

2-26  or nolo contendere to a lesser charge or at least one but not all, of

2-27  the initial charges, the information filed against the defendant

2-28  pursuant to this section may contain only the offense or offenses to

2-29  which the defendant has agreed to enter a plea of guilty[, guilty but

2-30  mentally ill] or nolo contendere. If, for any reason, the agreement is

2-31  rejected by the district court or withdrawn by the defendant, the

2-32  prosecuting attorney may file an amended information charging all

2-33  of the offenses which were in the criminal complaint upon which the

2-34  preliminary examination was waived. The defendant must then be

2-35  arraigned in accordance with the amended information.

2-36      Sec. 3.  NRS 173.125 is hereby amended to read as follows:

2-37      173.125  The prosecution is not required to elect between the

2-38  different offenses or counts set forth in the indictment or

2-39  information , and a plea of guilty [or guilty but mentally ill] to one

2-40  or more offenses charged in the indictment or information does not

2-41  preclude prosecution for the other offenses.

2-42      Sec. 4.  NRS 174.035 is hereby amended to read as follows:

2-43      174.035  1.  A defendant may plead not guilty, guilty[, guilty

2-44  but mentally ill] or, with the consent of the court, nolo contendere.

3-1  The court may refuse to accept a plea of guilty . [or guilty but

3-2  mentally ill.]

3-3  2.  If a plea of guilty is made in a written plea agreement, the

3-4  agreement must be in substantially the form prescribed in NRS

3-5  174.063. If a plea of guilty [or guilty but mentally ill] is made

3-6  orally, the court shall not accept such a plea or a plea of nolo

3-7  contendere without first addressing the defendant personally and

3-8  determining that the plea is made voluntarily with understanding of

3-9  the nature of the charge and consequences of the plea. [In addition,

3-10  the court shall not accept a plea of guilty but mentally ill without

3-11  complying with the provisions of NRS 174.041.]

3-12      3.  With the consent of the court and the district attorney, a

3-13  defendant may enter a conditional plea of guilty[, guilty but

3-14  mentally ill] or nolo contendere, reserving in writing the right, on

3-15  appeal from the judgment, to a review of the adverse determination

3-16  of any specified pretrial motion. A defendant who prevails on appeal

3-17  must be allowed to withdraw the plea.

3-18      4.  [A plea of guilty but mentally ill is not a defense to the

3-19  alleged offense. A defendant who enters such a plea is subject to the

3-20  same penalties as a defendant who pleads guilty.] The defendant

3-21  may, in the alternative or in addition to any one of the pleas

3-22  permitted by subsection 1, plead not guilty by reason of insanity. A

3-23  defendant who has not so pleaded may offer the defense of

3-24  insanity during trial upon good cause shown. Under such a plea

3-25  or defense, the burden of proof is upon the defendant to establish

3-26  his insanity by a preponderance of the evidence.

3-27      5.  If a defendant refuses to plead[,] or if the court refuses to

3-28  accept a plea of guilty [or guilty but mentally ill] or if a defendant

3-29  corporation fails to appear, the court shall enter a plea of not guilty.

3-30      6.  A defendant may not enter a plea of guilty [or guilty but

3-31  mentally ill] pursuant to a plea bargain for an offense punishable as

3-32  a felony for which:

3-33      (a) Probation is not allowed; or

3-34      (b) The maximum prison sentence is more than 10

3-35  years,

3-36  unless the plea bargain is set forth in writing and signed by the

3-37  defendant, the defendant’s attorney, if he is represented by counsel,

3-38  and the prosecuting attorney.

3-39      Sec. 5.  NRS 174.055 is hereby amended to read as follows:

3-40      174.055  In the justice’s court, if the defendant pleads guilty ,

3-41  [or guilty but mentally ill,] the court may, before entering such a

3-42  plea or pronouncing judgment, examine witnesses to ascertain the

3-43  gravity of the offense committed. If it appears to the court that a

3-44  higher offense has been committed than the offense charged in the

3-45  complaint, the court may order the defendant to be committed or

4-1  admitted to bail[,] or to answer any indictment that may be found

4-2  against him or any information which may be filed by the district

4-3  attorney.

4-4  Sec. 6.  NRS 174.061 is hereby amended to read as follows:

4-5  174.061  1.  If a prosecuting attorney enters into an agreement

4-6  with a defendant in which the defendant agrees to testify against

4-7  another defendant in exchange for a plea of guilty[, guilty but

4-8  mentally ill] or nolo contendere to a lesser charge or for a

4-9  recommendation of a reduced sentence, the agreement:

4-10      (a) Is void if the defendant’s testimony is false.

4-11      (b) Must be in writing and include a statement that the

4-12  agreement is void if the defendant’s testimony is false.

4-13      2.  A prosecuting attorney shall not enter into an agreement

4-14  with a defendant which:

4-15      (a) Limits the testimony of the defendant to a predetermined

4-16  formula.

4-17      (b) Is contingent on the testimony of the defendant contributing

4-18  to a specified conclusion.

4-19      Sec. 7.  NRS 174.065 is hereby amended to read as follows:

4-20      174.065  Except as otherwise provided in NRS 174.061:

4-21      1.  On a plea of guilty [or guilty but mentally ill] to an

4-22  information or indictment accusing a defendant of a crime divided

4-23  into degrees, when consented to by the prosecuting attorney in open

4-24  court and approved by the court, the plea may specify the degree,

4-25  and in such event the defendant shall not be punished for a higher

4-26  degree than that specified in the plea.

4-27      2.  On a plea of guilty [or guilty but mentally ill] to an

4-28  indictment or information for murder of the first degree, when

4-29  consented to by the prosecuting attorney in open court and approved

4-30  by the court, the plea may specify a punishment less than death. The

4-31  specified punishment, or any lesser punishment, may be imposed by

4-32  a single judge.

4-33      Sec. 8.  NRS 174.075 is hereby amended to read as follows:

4-34      174.075  1.  Pleadings in criminal proceedings are the

4-35  indictment, the information and, in justice’s court, the complaint,

4-36  and the pleas of guilty, [guilty but mentally ill,] not guilty and nolo

4-37  contendere.

4-38      2.  All other pleas, and demurrers and motions to quash are

4-39  abolished, and defenses and objections raised before trial which

4-40  could have been raised by one or more of them may be raised only

4-41  by motion to dismiss or to grant appropriate relief, as provided in

4-42  this title.

 

 

5-1  Sec. 9.  Chapter 175 of NRS is hereby amended by adding

5-2  thereto a new section to read as follows:

5-3  1.  Where on a trial a defense of insanity is interposed by the

5-4  defendant and he is acquitted by reason of that defense, the

5-5  finding of the jury pending the judicial determination pursuant to

5-6  subsection 2 has the same effect as if he were regularly adjudged

5-7  insane, and the judge must:

5-8  (a) Order a peace officer to take the person into protective

5-9  custody and transport him to a mental health facility or hospital

5-10  for detention pending a hearing to determine his mental health;

5-11      (b) Appoint two psychiatrists, two psychologists, or one

5-12  psychiatrist and one psychologist, to examine the person; and

5-13      (c) At a hearing in open court, receive the report of the

5-14  examining advisers and allow counsel for the State and for the

5-15  person to examine the advisers, introduce other evidence and

5-16  cross-examine witnesses.

5-17      2.  If the court finds, after the hearing:

5-18      (a) That there is not clear and convincing evidence that the

5-19  person is a mentally ill person, the court must order his discharge;

5-20  or

5-21      (b) That there is clear and convincing evidence that the person

5-22  is a mentally ill person, the court must order that he be committed

5-23  to the custody of the Administrator of the Division of Mental

5-24  Health and Developmental Services of the Department of Human

5-25  Resources until he is regularly discharged therefrom in

5-26  accordance with law.

5-27  The court shall issue its finding within 90 days after the defendant

5-28  is acquitted.

5-29      3.  The Administrator shall make the same reports and the

5-30  court shall proceed in the same manner in the case of a person

5-31  committed to the custody of the Division of Mental Health and

5-32  Developmental Services pursuant to this section as of a person

5-33  committed because he is incompetent to stand trial pursuant to

5-34  NRS 178.400 to 178.460, inclusive, except that the determination

5-35  to be made by the Administrator and the district judge on the

5-36  question of release is whether the person has recovered from his

5-37  mental illness or has improved to such an extent that he is no

5-38  longer a mentally ill person.

5-39      4.  As used in this section, unless the context otherwise

5-40  requires, “mentally ill person” has the meaning ascribed to it in

5-41  NRS 433A.115.

5-42      Sec. 10.  NRS 175.282 is hereby amended to read as follows:

5-43      175.282  If a prosecuting attorney enters into an agreement with

5-44  a defendant in which the defendant agrees to testify against another

5-45  defendant in exchange for a plea of guilty[, guilty but mentally ill]

6-1  or nolo contendere to a lesser charge or for a recommendation of a

6-2  reduced sentence , the court shall:

6-3  1.  After excising any portion it deems irrelevant or prejudicial,

6-4  permit the jury to inspect the agreement;

6-5  2.  If the defendant who is testifying has not entered his plea or

6-6  been sentenced pursuant to the agreement, instruct the jury

6-7  regarding the possible related pressures on the defendant by

6-8  providing the jury with an appropriate cautionary instruction; and

6-9  3.  Allow the defense counsel to cross-examine fully the

6-10  defendant who is testifying concerning the agreement.

6-11      Sec. 11.  NRS 175.552 is hereby amended to read as follows:

6-12      175.552  1.  Except as otherwise provided in subsection 2, in

6-13  every case in which there is a finding that a defendant is guilty of

6-14  murder of the first degree, whether or not the death penalty is

6-15  sought, the court shall conduct a separate penalty hearing. The

6-16  separate penalty hearing must be conducted as follows:

6-17      (a) If the finding is made by a jury, the separate penalty hearing

6-18  must be conducted in the trial court before the trial jury, as soon as

6-19  practicable.

6-20      (b) If the finding is made upon a plea of guilty [or guilty but

6-21  mentally ill] or a trial without a jury and the death penalty is sought,

6-22  the separate penalty hearing must be conducted before a panel of

6-23  three district judges, as soon as practicable.

6-24      (c) If the finding is made upon a plea of guilty [or guilty but

6-25  mentally ill] or a trial without a jury and the death penalty is not

6-26  sought, the separate penalty hearing must be conducted before the

6-27  judge who conducted the trial or who accepted the plea[,] of guilty,

6-28  as soon as practicable.

6-29      2.  In a case in which the death penalty is not sought, the parties

6-30  may by stipulation waive the separate penalty hearing required in

6-31  subsection 1. When stipulating to such a waiver, the parties may

6-32  also include an agreement to have the sentence, if any, imposed by

6-33  the trial judge. Any stipulation pursuant to this subsection must be

6-34  in writing and signed by the defendant, his attorney, if any, and the

6-35  prosecuting attorney.

6-36      3.  In the hearing, evidence may be presented concerning

6-37  aggravating and mitigating circumstances relative to the offense,

6-38  defendant or victim and on any other matter which the court deems

6-39  relevant to sentence, whether or not the evidence is ordinarily

6-40  admissible. Evidence may be offered to refute hearsay matters. No

6-41  evidence which was secured in violation of the Constitution of the

6-42  United States or the Constitution of the State of Nevada may be

6-43  introduced. The State may introduce evidence of additional

6-44  aggravating circumstances as set forth in NRS 200.033, other than

6-45  the aggravated nature of the offense itself, only if it has been

7-1  disclosed to the defendant before the commencement of the penalty

7-2  hearing.

7-3  4.  In a case in which the death penalty is not sought, the jury or

7-4  the trial judge shall determine whether the defendant should be

7-5  sentenced to life with the possibility of parole or life without the

7-6  possibility of parole.

7-7  Sec. 12.  NRS 175.558 is hereby amended to read as follows:

7-8  175.558  When any person is convicted of murder of the first

7-9  degree upon a plea of guilty [or guilty but mentally ill,] or a trial

7-10  without a jury[,] and the death penalty is sought, the Supreme Court

7-11  shall appoint two district judges from judicial districts other than the

7-12  district in which the plea is made, who shall with the district judge

7-13  before whom the plea is made, or his successor in office, conduct

7-14  the required penalty hearing to determine the presence of

7-15  aggravating and mitigating circumstances, and give sentence

7-16  accordingly. A sentence of death may be given only by unanimous

7-17  vote of the three judges, but any other sentence may be given by the

7-18  vote of a majority.

7-19      Sec. 13.  NRS 176.059 is hereby amended to read as follows:

7-20      176.059  1.  Except as otherwise provided in subsection 2,

7-21  when a defendant pleads guilty [or guilty but mentally ill] or is

7-22  found guilty of a misdemeanor, including the violation of any

7-23  municipal ordinance, the justice or judge shall include in the

7-24  sentence the sum prescribed by the following schedule as an

7-25  administrative assessment and render a judgment against the

7-26  defendant for the assessment:

 

7-27         Fine                                           Assessment

7-28  $5 to $49........................................ $15

7-29  50 to 59............................................. 30

7-30  60 to 69............................................. 35

7-31  70 to 79............................................. 40

7-32  80 to 89............................................. 45

7-33  90 to 99............................................. 50

7-34  100 to 199........................................ 60

7-35  200 to 299........................................ 70

7-36  300 to 399........................................ 80

7-37  400 to 499........................................ 90

7-38  500 to 1,000................................... 105

 

7-39      2.  The provisions of subsection 1 do not apply to:

7-40      (a) An ordinance regulating metered parking; or

7-41      (b) An ordinance which is specifically designated as imposing a

7-42  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

8-1  3.  The money collected for an administrative assessment must

8-2  not be deducted from the fine imposed by the justice or judge but

8-3  must be taxed against the defendant in addition to the fine. The

8-4  money collected for an administrative assessment must be stated

8-5  separately on the court’s docket and must be included in the amount

8-6  posted for bail. If the defendant is found not guilty or the charges

8-7  are dismissed, the money deposited with the court must be returned

8-8  to the defendant. If the justice or judge cancels a fine because the

8-9  fine has been determined to be uncollectible, any balance of the fine

8-10  and the administrative assessment remaining unpaid shall be

8-11  deemed to be uncollectible and the defendant is not required to pay

8-12  it. If a fine is determined to be uncollectible, the defendant is not

8-13  entitled to a refund of the fine or administrative assessment he has

8-14  paid and the justice or judge shall not recalculate the administrative

8-15  assessment.

8-16      4.  If the justice or judge permits the fine and administrative

8-17  assessment to be paid in installments, the payments must be first

8-18  applied to the unpaid balance of the administrative assessment. The

8-19  city treasurer shall distribute partially collected administrative

8-20  assessments in accordance with the requirements of subsection 5.

8-21  The county treasurer shall distribute partially collected

8-22  administrative assessments in accordance with the requirements of

8-23  subsection 6.

8-24      5.  The money collected for administrative assessments in

8-25  municipal court must be paid by the clerk of the court to the city

8-26  treasurer on or before the fifth day of each month for the preceding

8-27  month. The city treasurer shall distribute, on or before the 15th day

8-28  of that month, the money received in the following amounts for each

8-29  assessment received:

8-30      (a) Two dollars to the county treasurer for credit to a special

8-31  account in the county general fund for the use of the county’s

8-32  juvenile court or for services to juvenile offenders. Any money

8-33  remaining in the special account after 2 fiscal years must be

8-34  deposited in the county general fund if it has not been committed for

8-35  expenditure. The county treasurer shall provide, upon request by a

8-36  juvenile court, monthly reports of the revenue credited to and

8-37  expenditures made from the special account.

8-38      (b) Seven dollars for credit to a special revenue fund for the use

8-39  of the municipal courts. Any money remaining in the special

8-40  revenue fund after 2 fiscal years must be deposited in the municipal

8-41  general fund if it has not been committed for expenditure. The city

8-42  treasurer shall provide, upon request by a municipal court, monthly

8-43  reports of the revenue credited to and expenditures made from the

8-44  special revenue fund.

9-1  (c) The remainder of each assessment to the State Controller for

9-2  credit to a special account in the State General Fund.

9-3  6.  The money collected for administrative assessments in

9-4  justices’ courts must be paid by the clerk of the court to the county

9-5  treasurer on or before the fifth day of each month for the preceding

9-6  month. The county treasurer shall distribute, on or before the 15th

9-7  day of that month, the money received in the following amounts for

9-8  each assessment received:

9-9  (a) Two dollars for credit to a special account in the county

9-10  general fund for the use of the county’s juvenile court or for services

9-11  to juvenile offenders. Any money remaining in the special account

9-12  after 2 fiscal years must be deposited in the county general fund if it

9-13  has not been committed for expenditure. The county treasurer shall

9-14  provide, upon request by a juvenile court, monthly reports of the

9-15  revenue credited to and expenditures made from the special account.

9-16      (b) Seven dollars for credit to a special revenue fund for the use

9-17  of the justices’ courts. Any money remaining in the special revenue

9-18  fund after 2 fiscal years must be deposited in the county general

9-19  fund if it has not been committed for expenditure. The county

9-20  treasurer shall provide, upon request by a justice’s court, monthly

9-21  reports of the revenue credited to and expenditures made from the

9-22  special revenue fund.

9-23      (c) The remainder of each assessment to the State Controller for

9-24  credit to a special account in the State General Fund.

9-25      7.  The money apportioned to a juvenile court, a justice’s court

9-26  or a municipal court pursuant to this section must be used, in

9-27  addition to providing services to juvenile offenders in the juvenile

9-28  court, to improve the operations of the court, or to acquire

9-29  appropriate advanced technology or the use of such technology, or

9-30  both. Money used to improve the operations of the court may

9-31  include expenditures for:

9-32      (a) Training and education of personnel;

9-33      (b) Acquisition of capital goods;

9-34      (c) Management and operational studies; or

9-35      (d) Audits.

9-36      8.  Of the total amount deposited in the State General Fund

9-37  pursuant to subsections 5 and 6, the State Controller shall distribute

9-38  the money received to the following public agencies in the

9-39  following manner:

9-40      (a) Not less than 51 percent to the Office of the Court

9-41  Administrator for allocation as follows:

9-42          (1) Eighteen and one-half percent of the amount distributed

9-43  to the Office of the Court Administrator for the administration of the

9-44  courts.

10-1          (2) Nine percent of the amount distributed to the Office of

10-2  the Court Administrator for the development of a uniform system

10-3  for judicial records.

10-4          (3) Nine percent of the amount distributed to the Office

10-5  of the Court Administrator for continuing judicial education.

10-6          (4) Sixty percent of the amount distributed to the Office of

10-7  the Court Administrator for the Supreme Court.

10-8          (5) Three and one-half percent of the amount distributed to

10-9  the Office of the Court Administrator for the payment for the

10-10  services of retired justices and retired district judges.

10-11     (b) Not more than 49 percent must be used to the extent of

10-12  legislative authorization for the support of:

10-13         (1) The Central Repository for Nevada Records of Criminal

10-14  History;

10-15         (2) The Peace Officers’ Standards and Training Commission;

10-16         (3) The operation by the Nevada Highway Patrol of a

10-17  computerized switching system for information related to law

10-18  enforcement;

10-19         (4) The Fund for the Compensation of Victims of Crime; and

10-20         (5) The Advisory Council for Prosecuting Attorneys.

10-21     9.  As used in this section, “juvenile court” means:

10-22     (a) In any judicial district that includes a county whose

10-23  population is 100,000 or more, the family division of the district

10-24  court; or

10-25     (b) In any other judicial district, the juvenile division of the

10-26  district court.

10-27     Sec. 14.  NRS 176.0611 is hereby amended to read as follows:

10-28     176.0611  1.  A county or a city, upon recommendation of the

10-29  appropriate court, may, by ordinance, authorize the justices or

10-30  judges of the justices’ or municipal courts within its jurisdiction to

10-31  impose for not longer than 25 years, in addition to an administrative

10-32  assessment imposed pursuant to NRS 176.059, an administrative

10-33  assessment for the provision of court facilities.

10-34     2.  Except as otherwise provided in subsection 3, in any

10-35  jurisdiction in which an administrative assessment for the provision

10-36  of court facilities has been authorized, when a defendant pleads

10-37  guilty [or guilty but mentally ill] or is found guilty of a

10-38  misdemeanor, including the violation of any municipal ordinance,

10-39  the justice or judge shall include in the sentence the sum of $10 as

10-40  an administrative assessment for the provision of court facilities and

10-41  render a judgment against the defendant for the assessment.

10-42     3.  The provisions of subsection 2 do not apply to:

10-43     (a) An ordinance regulating metered parking; or

10-44     (b) An ordinance that is specifically designated as imposing a

10-45  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

11-1      4.  The money collected for an administrative assessment for

11-2  the provision of court facilities must not be deducted from the fine

11-3  imposed by the justice or judge but must be taxed against the

11-4  defendant in addition to the fine. The money collected for such an

11-5  administrative assessment must be stated separately on the court’s

11-6  docket and must be included in the amount posted for bail. If the

11-7  defendant is found not guilty or the charges are dismissed, the

11-8  money deposited with the court must be returned to the defendant. If

11-9  the justice or judge cancels a fine because the fine has been

11-10  determined to be uncollectible, any balance of the fine and the

11-11  administrative assessment remaining unpaid shall be deemed to be

11-12  uncollectible and the defendant is not required to pay it. If a fine is

11-13  determined to be uncollectible, the defendant is not entitled to a

11-14  refund of the fine or administrative assessment he has paid and the

11-15  justice or judge shall not recalculate the administrative assessment.

11-16     5.  If the justice or judge permits the fine and administrative

11-17  assessment for the provision of court facilities to be paid in

11-18  installments, the payments must be applied in the following order:

11-19     (a) To pay the unpaid balance of an administrative assessment

11-20  imposed pursuant to NRS 176.059;

11-21     (b) To pay the unpaid balance of an administrative assessment

11-22  for the provision of court facilities pursuant to this section; and

11-23     (c) To pay the fine.

11-24     6.  The money collected for administrative assessments for the

11-25  provision of court facilities in municipal courts must be paid by the

11-26  clerk of the court to the city treasurer on or before the fifth day of

11-27  each month for the preceding month. The city treasurer shall deposit

11-28  the money received in a special revenue fund. The city may use the

11-29  money in the special revenue fund only to:

11-30     (a) Acquire land on which to construct additional facilities for

11-31  the municipal courts or a regional justice center that includes the

11-32  municipal courts.

11-33     (b) Construct or acquire additional facilities for the municipal

11-34  courts or a regional justice center that includes the municipal courts.

11-35     (c) Renovate or remodel existing facilities for the municipal

11-36  courts.

11-37     (d) Acquire furniture, fixtures and equipment necessitated by the

11-38  construction or acquisition of additional facilities or the renovation

11-39  of an existing facility for the municipal courts or a regional justice

11-40  center that includes the municipal courts. This paragraph does not

11-41  authorize the expenditure of money from the fund for furniture,

11-42  fixtures or equipment for judicial chambers.

11-43     (e) Acquire advanced technology for use in the additional or

11-44  renovated facilities.

12-1      (f) Pay debt service on any bonds issued pursuant to

12-2  subsection 3 of NRS 350.020 for the acquisition of land or facilities

12-3  or the construction or renovation of facilities for the municipal

12-4  courts or a regional justice center that includes the municipal

12-5  courts.

12-6  Any money remaining in the special revenue fund after 5 fiscal

12-7  years must be deposited in the municipal general fund for the

12-8  continued maintenance of court facilities if it has not been

12-9  committed for expenditure pursuant to a plan for the construction or

12-10  acquisition of court facilities or improvements to court facilities.

12-11  The city treasurer shall provide, upon request by a municipal court,

12-12  monthly reports of the revenue credited to and expenditures made

12-13  from the special revenue fund.

12-14     7.  The money collected for administrative assessments for the

12-15  provision of court facilities in justices’ courts must be paid by the

12-16  clerk of the court to the county treasurer on or before the fifth day of

12-17  each month for the preceding month. The county treasurer shall

12-18  deposit the money received to a special revenue fund. The county

12-19  may use the money in the special revenue fund only to:

12-20     (a) Acquire land on which to construct additional facilities for

12-21  the justices’ courts or a regional justice center that includes the

12-22  justices’ courts.

12-23     (b) Construct or acquire additional facilities for the justices’

12-24  courts or a regional justice center that includes the justices’ courts.

12-25     (c) Renovate or remodel existing facilities for the justices’

12-26  courts.

12-27     (d) Acquire furniture, fixtures and equipment necessitated by the

12-28  construction or acquisition of additional facilities or the renovation

12-29  of an existing facility for the justices’ courts or a regional justice

12-30  center that includes the justices’ courts. This paragraph does not

12-31  authorize the expenditure of money from the fund for furniture,

12-32  fixtures or equipment for judicial chambers.

12-33     (e) Acquire advanced technology for use in the additional or

12-34  renovated facilities.

12-35     (f) Pay debt service on any bonds issued pursuant to

12-36  subsection 3 of NRS 350.020 for the acquisition of land or facilities

12-37  or the construction or renovation of facilities for the justices’ courts

12-38  or a regional justice center that includes the justices’

12-39  courts.

12-40  Any money remaining in the special revenue fund after 5 fiscal

12-41  years must be deposited in the county general fund for the continued

12-42  maintenance of court facilities if it has not been committed for

12-43  expenditure pursuant to a plan for the construction or acquisition of

12-44  court facilities or improvements to court facilities. The county

12-45  treasurer shall provide, upon request by a justice’s court, monthly

13-1  reports of the revenue credited to and expenditures made from the

13-2  special revenue fund.

13-3      8.  If money collected pursuant to this section is to be used to

13-4  acquire land on which to construct a regional justice center, to

13-5  construct a regional justice center or to pay debt service on bonds

13-6  issued for these purposes, the county and the participating cities

13-7  shall, by interlocal agreement, determine such issues as the size of

13-8  the regional justice center, the manner in which the center will be

13-9  used and the apportionment of fiscal responsibility for the center.

13-10     Sec. 15.  NRS 176.062 is hereby amended to read as follows:

13-11     176.062  1.  When a defendant pleads guilty [or guilty but

13-12  mentally ill] or is found guilty of a felony or gross misdemeanor, the

13-13  judge shall include in the sentence the sum of $25 as an

13-14  administrative assessment and render a judgment against the

13-15  defendant for the assessment.

13-16     2.  The money collected for an administrative assessment:

13-17     (a) Must not be deducted from any fine imposed by the judge;

13-18     (b) Must be taxed against the defendant in addition to the fine;

13-19  and

13-20     (c) Must be stated separately on the court’s docket.

13-21     3.  The money collected for administrative assessments in

13-22  district courts must be paid by the clerk of the court to the county

13-23  treasurer on or before the fifth day of each month for the preceding

13-24  month. The county treasurer shall distribute, on or before the 15th

13-25  day of that month, the money received in the following amounts for

13-26  each assessment received:

13-27     (a) Five dollars for credit to a special account in the county

13-28  general fund for the use of the district court.

13-29     (b) The remainder of each assessment to the State Controller.

13-30     4.  The State Controller shall credit the money received

13-31  pursuant to subsection 3 to a special account for the assistance of

13-32  criminal justice in the State General Fund, and distribute the money

13-33  from the account to the Attorney General as authorized by the

13-34  Legislature. Any amount received in excess of the amount

13-35  authorized by the Legislature for distribution must remain in the

13-36  account.

13-37     Sec. 16.  NRS 176.135 is hereby amended to read as follows:

13-38     176.135  1.  Except as otherwise provided in this section and

13-39  NRS 176.151, the Division shall make a presentence investigation

13-40  and report to the court on each defendant who pleads guilty[, guilty

13-41  but mentally ill] or nolo contendere to or is found guilty of a felony.

13-42     2.  If a defendant is convicted of a felony that is a sexual

13-43  offense, the presentence investigation and report:

 

14-1      (a) Must be made before the imposition of sentence or the

14-2  granting of probation; and

14-3      (b) If the sexual offense is an offense for which the suspension

14-4  of sentence or the granting of probation is permitted, must include a

14-5  psychosexual evaluation of the defendant.

14-6      3.  If a defendant is convicted of a felony other than a sexual

14-7  offense, the presentence investigation and report must be made

14-8  before the imposition of sentence or the granting of probation

14-9  unless:

14-10     (a) A sentence is fixed by a jury; or

14-11     (b) Such an investigation and report on the defendant has been

14-12  made by the Division within the 5 years immediately preceding the

14-13  date initially set for sentencing on the most recent offense.

14-14     4.  Upon request of the court, the Division shall make

14-15  presentence investigations and reports on defendants who plead

14-16  guilty[, guilty but mentally ill] or nolo contendere to or are found

14-17  guilty of gross misdemeanors.

14-18     Sec. 17.  NRS 176.151 is hereby amended to read as follows:

14-19     176.151  1.  If a defendant pleads guilty[, guilty but mentally

14-20  ill] or nolo contendere to or is found guilty of one or more category

14-21  E felonies, but no other felonies, the Division shall not make a

14-22  presentence investigation and report on the defendant pursuant to

14-23  NRS 176.135, unless the Division has not made a presentence

14-24  investigation and report on the defendant pursuant to NRS 176.135

14-25  within the 5 years immediately preceding the date initially set for

14-26  sentencing on the category E felony or felonies and:

14-27     (a) The court requests a presentence investigation and report; or

14-28     (b) The prosecuting attorney possesses evidence that would

14-29  support a decision by the court to deny probation to the defendant

14-30  pursuant to paragraph (b) of subsection 1 of NRS 176A.100.

14-31     2.  If the Division does not make a presentence investigation

14-32  and report on a defendant pursuant to subsection 1, the Division

14-33  shall, not later than 45 days after the date on which the defendant is

14-34  sentenced, make a general investigation and report on the defendant

14-35  that contains:

14-36     (a) Any prior criminal record of the defendant;

14-37     (b) Information concerning the characteristics of the defendant,

14-38  the circumstances affecting his behavior and the circumstances of

14-39  his offense that may be helpful to persons responsible for the

14-40  supervision or correctional treatment of the defendant;

14-41     (c) Information concerning the effect that the offense committed

14-42  by the defendant has had upon the victim, including, without

14-43  limitation, any physical or psychological harm or financial loss

14-44  suffered by the victim, to the extent that such information is

14-45  available from the victim or other sources, but the provisions of this

15-1  paragraph do not require any particular examination or testing of

15-2  the victim, and the extent of any investigation or examination and

15-3  the extent of the information included in the report is solely at the

15-4  discretion of the Division;

15-5      (d) Data or information concerning reports and investigations

15-6  thereof made pursuant to chapter 432B of NRS that relate to the

15-7  defendant and are made available pursuant to NRS 432B.290; and

15-8      (e) Any other information that the Division believes may be

15-9  helpful to persons responsible for the supervision or correctional

15-10  treatment of the defendant.

15-11     Sec. 18.  NRS 176.165 is hereby amended to read as follows:

15-12     176.165  Except as otherwise provided in this section, a motion

15-13  to withdraw a plea of guilty[, guilty but mentally ill] or nolo

15-14  contendere may be made only before sentence is imposed or

15-15  imposition of sentence is suspended. To correct manifest injustice,

15-16  the court after sentence may set aside the judgment of conviction

15-17  and permit the defendant to withdraw his plea.

15-18     Sec. 19.  NRS 176A.255 is hereby amended to read as follows:

15-19     176A.255  1.  A justice’s court or a municipal court may, upon

15-20  approval of the district court, transfer original jurisdiction to the

15-21  district court of a case involving an eligible defendant.

15-22     2.  As used in this section, “eligible defendant” means a person

15-23  who:

15-24     (a) Has not tendered a plea of guilty[, guilty but mentally ill] or

15-25  nolo contendere to, or been found guilty of, an offense that is a

15-26  misdemeanor;

15-27     (b) Appears to suffer from mental illness; and

15-28     (c) Would benefit from assignment to a program established

15-29  pursuant to NRS 176A.250.

15-30     Sec. 20.  NRS 176A.260 is hereby amended to read as follows:

15-31     176A.260  1.  Except as otherwise provided in subsection 2, if

15-32  a defendant who suffers from mental illness tenders a plea of guilty

15-33  [, guilty but mentally ill] or nolo contendere to, or is found guilty of,

15-34  any offense for which the suspension of sentence or the granting of

15-35  probation is not prohibited by statute, the court may, without

15-36  entering a judgment of conviction and with the consent of the

15-37  defendant, suspend further proceedings and place the defendant on

15-38  probation upon terms and conditions that must include attendance

15-39  and successful completion of a program established pursuant to

15-40  NRS 176A.250.

15-41     2.  If the offense committed by the defendant involved the use

15-42  or threatened use of force or violence or if the defendant was

15-43  previously convicted in this state or in any other jurisdiction of a

15-44  felony that involved the use or threatened use of force or violence,

16-1  the court may not assign the defendant to the program unless the

16-2  prosecuting attorney stipulates to the assignment.

16-3      3.  Upon violation of a term or condition:

16-4      (a) The court may enter a judgment of conviction and proceed as

16-5  provided in the section pursuant to which the defendant was

16-6  charged.

16-7      (b) Notwithstanding the provisions of paragraph (e) of

16-8  subsection 2 of NRS 193.130, the court may order the defendant to

16-9  the custody of the Department of Corrections if the offense is

16-10  punishable by imprisonment in the state prison.

16-11     4.  Upon fulfillment of the terms and conditions, the court shall

16-12  discharge the defendant and dismiss the proceedings against him.

16-13  Discharge and dismissal pursuant to this section is without

16-14  adjudication of guilt and is not a conviction for purposes of this

16-15  section or for purposes of employment, civil rights or any statute or

16-16  regulation or license or questionnaire or for any other public or

16-17  private purpose, but is a conviction for the purpose of additional

16-18  penalties imposed for second or subsequent convictions or the

16-19  setting of bail. Discharge and dismissal restores the defendant, in the

16-20  contemplation of the law, to the status occupied before the arrest,

16-21  indictment or information. The defendant may not be held thereafter

16-22  under any law to be guilty of perjury or otherwise giving a false

16-23  statement by reason of failure to recite or acknowledge that arrest,

16-24  indictment, information or trial in response to an inquiry made of

16-25  him for any purpose.

16-26     Sec. 21.  NRS 177.015 is hereby amended to read as follows:

16-27     177.015  The party aggrieved in a criminal action may appeal

16-28  only as follows:

16-29     1.  Whether that party is the State or the defendant:

16-30     (a) To the district court of the county from a final judgment of

16-31  the justice’s court.

16-32     (b) To the Supreme Court from an order of the district court

16-33  granting a motion to dismiss, a motion for acquittal or a motion in

16-34  arrest of judgment, or granting or refusing a new trial.

16-35     2.  The State may, upon good cause shown, appeal to the

16-36  Supreme Court from a pretrial order of the district court granting or

16-37  denying a motion to suppress evidence made pursuant to NRS

16-38  174.125. Notice of the appeal must be filed with the clerk of the

16-39  district court within 2 judicial days and with the Clerk of the

16-40  Supreme Court within 5 judicial days after the ruling by the district

16-41  court. The clerk of the district court shall notify counsel for the

16-42  defendant or, in the case of a defendant without counsel, the

16-43  defendant within 2 judicial days after the filing of the notice of

16-44  appeal. The Supreme Court may establish such procedures as it

16-45  determines proper in requiring the appellant to make a preliminary

17-1  showing of the propriety of the appeal and whether there may be a

17-2  miscarriage of justice if the appeal is not entertained. If the Supreme

17-3  Court entertains the appeal, or if it otherwise appears necessary, it

17-4  may enter an order staying the trial for such time as may be

17-5  required.

17-6      3.  The defendant only may appeal from a final judgment or

17-7  verdict in a criminal case.

17-8      4.  Except as otherwise provided in subsection 3 of NRS

17-9  174.035, the defendant in a criminal case shall not appeal a final

17-10  judgment or verdict resulting from a plea of guilty[, guilty but

17-11  mentally ill] or nolo contendere that the defendant entered into

17-12  voluntarily and with a full understanding of the nature of the charge

17-13  and the consequences of the plea, unless the appeal is based upon

17-14  reasonable constitutional, jurisdictional or other grounds that

17-15  challenge the legality of the proceedings. The Supreme Court may

17-16  establish procedures to require the defendant to make a preliminary

17-17  showing of the propriety of the appeal.

17-18     Sec. 22.  NRS 177.055 is hereby amended to read as follows:

17-19     177.055  1.  When upon a plea of not guilty or not guilty by

17-20  reason of insanity a judgment of death is entered, an appeal is

17-21  deemed automatically taken by the defendant without any action by

17-22  him or his counsel, unless the defendant or his counsel affirmatively

17-23  waives the appeal within 30 days after the rendition of the judgment.

17-24     2.  Whether or not the defendant or his counsel affirmatively

17-25  waives the appeal, the sentence must be reviewed on the record by

17-26  the Supreme Court, which shall consider, in a single proceeding if

17-27  an appeal is taken:

17-28     (a) Any errors enumerated by way of appeal;

17-29     (b) Whether the evidence supports the finding of an aggravating

17-30  circumstance or circumstances;

17-31     (c) Whether the sentence of death was imposed under the

17-32  influence of passion, prejudice or any arbitrary factor; and

17-33     (d) Whether the sentence of death is excessive, considering both

17-34  the crime and the defendant.

17-35     3.  The Supreme Court, when reviewing a death sentence, may:

17-36     (a) Affirm the sentence of death;

17-37     (b) Set the sentence aside and remand the case for a new penalty

17-38  hearing:

17-39         (1) If the original penalty hearing was before a jury, before a

17-40  newly impaneled jury; or

17-41         (2) If the original penalty hearing was before a panel of

17-42  judges, before a panel of three district judges which must consist,

17-43  insofar as possible, of the members of the original panel; or

17-44     (c) Set aside the sentence of death and impose the sentence of

17-45  imprisonment for life without possibility of parole.

18-1      Sec. 23.  NRS 177.075 is hereby amended to read as follows:

18-2      177.075  1.  Except where appeal is automatic, an appeal from

18-3  a district court to the Supreme Court is taken by filing a notice of

18-4  appeal with the clerk of the district court. Bills of exception and

18-5  assignments of error in cases governed by this chapter are abolished.

18-6      2.  When a court imposes sentence upon a defendant who has

18-7  not pleaded guilty [or guilty but mentally ill] and who is without

18-8  counsel, the court shall advise the defendant of his right to appeal,

18-9  and if he so requests, the clerk shall prepare and file forthwith a

18-10  notice of appeal on his behalf.

18-11     3.  A notice of appeal must be signed:

18-12     (a) By the appellant or appellant’s attorney; or

18-13     (b) By the clerk if prepared by him.

18-14     Sec. 24.  NRS 178.388 is hereby amended to read as follows:

18-15     178.388  1.  Except as otherwise provided in this title, the

18-16  defendant must be present at the arraignment, at every stage of

18-17  the trial including the impaneling of the jury and the return of the

18-18  verdict, and at the imposition of sentence. A corporation may appear

18-19  by counsel for all purposes.

18-20     2.  In prosecutions for offenses not punishable by death:

18-21     (a) The defendant’s voluntary absence after the trial has been

18-22  commenced in his presence must not prevent continuing the trial to

18-23  and including the return of the verdict.

18-24     (b) If the defendant was present at the trial through the time he

18-25  pleads guilty [or guilty but mentally ill] or is found guilty but at the

18-26  time of his sentencing is incarcerated in another jurisdiction, he may

18-27  waive his right to be present at the sentencing proceedings and agree

18-28  to be sentenced in this state in his absence. The defendant’s waiver

18-29  is valid only if it is:

18-30         (1) Made knowingly, intelligently and voluntarily after

18-31  consulting with an attorney licensed to practice in this state;

18-32         (2) Signed and dated by the defendant and notarized by a

18-33  notary public or judicial officer; and

18-34         (3) Signed and dated by his attorney after it has been signed

18-35  by the defendant and notarized.

18-36     3.  In prosecutions for offenses punishable by fine or by

18-37  imprisonment for not more than 1 year, or both, the court, with the

18-38  written consent of the defendant, may permit arraignment, plea, trial

18-39  and imposition of sentence in the defendant’s absence, if the court

18-40  determines that the defendant was fully aware of his applicable

18-41  constitutional rights when he gave his consent.

18-42     4.  The presence of the defendant is not required at the

18-43  arraignment or any preceding stage if the court has provided for the

18-44  use of a closed-circuit television to facilitate communication

18-45  between the court and the defendant during the proceeding. If

19-1  closed-circuit television is provided for, members of the news media

19-2  may observe and record the proceeding from both locations unless

19-3  the court specifically provides otherwise.

19-4      5.  The defendant’s presence is not required at the settling of

19-5  jury instructions.

19-6      Sec. 25.  NRS 178.400 is hereby amended to read as follows:

19-7      178.400  1.  A person may not be tried , [or] adjudged to

19-8  punishment or punished for a public offense while he is

19-9  incompetent.

19-10     2.  For the purposes of this section, “incompetent” means that

19-11  the person is not of sufficient mentality to be able to understand the

19-12  nature of the criminal charges against him, and because of that

19-13  insufficiency, is not able to aid and assist his counsel in the defense

19-14  interposed upon the trial or against the pronouncement of the

19-15  judgment thereafter.

19-16     Sec. 26.  NRS 178.460 is hereby amended to read as follows:

19-17     178.460  1.  If requested by the district attorney or counsel for

19-18  the defendant within 10 days after the report by the Administrator or

19-19  his designee is sent to them, the judge shall hold a hearing within 10

19-20  days after the request at which the district attorney and the defense

19-21  counsel may examine the members of the treatment team on their

19-22  report.

19-23     2.  If the judge orders the appointment of a licensed psychiatrist

19-24  or psychologist who is not employed by the Division of Mental

19-25  Health and Developmental Services of the Department of Human

19-26  Resources to perform an additional evaluation and report concerning

19-27  the defendant, the cost of the additional evaluation and report is a

19-28  charge against the county.

19-29     3.  Within 10 days after the hearing or 20 days after the report is

19-30  sent, if no hearing is requested, the judge shall make and enter his

19-31  finding of competence or incompetence, and if he finds the

19-32  defendant to be incompetent:

19-33     (a) Whether there is substantial probability that the defendant

19-34  will attain competency to stand trial or receive pronouncement of

19-35  judgment in the foreseeable future; and

19-36     (b) Whether the defendant is at that time a danger to himself or

19-37  to society.

19-38     4.  If the judge finds the defendant:

19-39     (a) Competent, the judge shall, within 10 days, forward his

19-40  finding to the prosecuting attorney and counsel for the defendant.

19-41  Upon receipt thereof, the prosecuting attorney shall notify the

19-42  sheriff of the county or chief of police of the city that the defendant

19-43  has been found competent and prearrange with the facility for the

19-44  return of the defendant to that county or city for trial upon the

20-1  offense there charged or the pronouncement of judgment, as the case

20-2  may be.

20-3      (b) Incompetent, but there is a substantial probability that he

20-4  will attain competency to stand trial or receive pronouncement of

20-5  judgment in the foreseeable future and finds that he is dangerous to

20-6  himself or to society, the judge shall recommit the defendant.

20-7      (c) Incompetent, but there is a substantial probability that he will

20-8  attain competency to stand trial or receive pronouncement of

20-9  judgment in the foreseeable future and finds that he is not dangerous

20-10  to himself or to society, the judge shall order that the defendant

20-11  remain an outpatient or be transferred to the status of an outpatient

20-12  under the provisions of NRS 178.425.

20-13     (d) Incompetent, with no substantial probability of attaining

20-14  competency in the foreseeable future, the judge shall order the

20-15  defendant released from custody or if the defendant is an outpatient,

20-16  released from his obligations as an outpatient if, within 10 days, a

20-17  petition is not filed to commit the person pursuant to NRS

20-18  433A.200. After the initial 10 days, the defendant may remain an

20-19  outpatient or in custody under the provisions of this chapter only as

20-20  long as the petition is pending unless the defendant is involuntarily

20-21  committed pursuant to chapter 433A of NRS.

20-22     5.  No person who is committed under the provisions of this

20-23  chapter may be held in the custody of the Administrator of the

20-24  Division of Mental Health and Developmental Services of the

20-25  Department of Human Resources or his designee longer than

20-26  the longest period of incarceration provided for the crime or crimes

20-27  with which he is charged[.] or 10 years, whichever period is

20-28  shorter. Upon expiration of the applicable period, the defendant

20-29  must be returned to the committing court for a determination as to

20-30  whether or not involuntary commitment pursuant to chapter 433A of

20-31  NRS is required.

20-32     Sec. 27.  NRS 179.225 is hereby amended to read as follows:

20-33     179.225  1.  If the punishment of the crime is the confinement

20-34  of the criminal in prison, the expenses must be paid from money

20-35  appropriated to the Office of the Attorney General for that purpose,

20-36  upon approval by the State Board of Examiners. After the

20-37  appropriation is exhausted, the expenses must be paid from

20-38  the Reserve for Statutory Contingency Account upon approval by

20-39  the State Board of Examiners. In all other cases, they must be paid

20-40  out of the county treasury in the county wherein the crime is alleged

20-41  to have been committed. The expenses are:

20-42     (a) If the prisoner is returned to this state from another state, the

20-43  fees paid to the officers of the state on whose governor the

20-44  requisition is made;

21-1      (b) If the prisoner is returned to this state from a foreign country

21-2  or jurisdiction, the fees paid to the officers and agents of this state or

21-3  the United States; or

21-4      (c) If the prisoner is temporarily returned for prosecution to this

21-5  state from another state pursuant to this chapter or chapter 178 of

21-6  NRS and is then returned to the sending state upon completion of

21-7  the prosecution, the fees paid to the officers and agents of this

21-8  state,

21-9  and the necessary traveling expenses and subsistence allowances in

21-10  the amounts authorized by NRS 281.160 incurred in returning the

21-11  prisoner.

21-12     2.  If a person is returned to this state pursuant to this chapter or

21-13  chapter 178 of NRS and is convicted of, or pleads guilty[, guilty but

21-14  mentally ill] or nolo contendere to the criminal charge for which he

21-15  was returned or a lesser criminal charge, the court shall conduct an

21-16  investigation of the financial status of the person to determine his

21-17  ability to make restitution. In conducting the investigation, the court

21-18  shall determine if the person is able to pay any existing obligations

21-19  for:

21-20     (a) Child support;

21-21     (b) Restitution to victims of crimes; and

21-22     (c) Any administrative assessment required to be paid pursuant

21-23  to NRS 62.2175, 176.059 and 176.062.

21-24     3.  If the court determines that the person is financially able to

21-25  pay the obligations described in subsection 2, it shall, in addition to

21-26  any other sentence it may impose, order the person to make

21-27  restitution for the expenses incurred by the Attorney General or

21-28  other governmental entity in returning him to this state. The court

21-29  shall not order the person to make restitution if payment of

21-30  restitution will prevent him from paying any existing obligations

21-31  described in subsection 2. Any amount of restitution remaining

21-32  unpaid constitutes a civil liability arising upon the date of the

21-33  completion of his sentence.

21-34     4.  The Attorney General may adopt regulations to carry out the

21-35  provisions of this section.

21-36     Sec. 28.  NRS 34.735 is hereby amended to read as follows:

21-37     34.735  A petition must be in substantially the following form,

21-38  with appropriate modifications if the petition is filed in the Supreme

21-39  Court:

 

21-40  Case No..............

21-41  Dept. No.............

 

21-42  IN THE .................. JUDICIAL DISTRICT COURT OF THE

21-43  STATE OF NEVADA IN AND FOR THE COUNTY OF...........

 

22-1  ............................

22-2      Petitioner,

 

22-3              v.                       PETITION FOR WRIT

22-4                                       OF HABEAS CORPUS

22-5                                        (POSTCONVICTION)

22-6  ............................

22-7     Respondent.

 

22-8  INSTRUCTIONS:

22-9      (1) This petition must be legibly handwritten or typewritten,

22-10  signed by the petitioner and verified.

22-11     (2) Additional pages are not permitted except where noted or

22-12  with respect to the facts which you rely upon to support your

22-13  grounds for relief. No citation of authorities need be furnished. If

22-14  briefs or arguments are submitted, they should be submitted in the

22-15  form of a separate memorandum.

22-16     (3) If you want an attorney appointed, you must complete the

22-17  Affidavit in Support of Request to Proceed in Forma Pauperis. You

22-18  must have an authorized officer at the prison complete the certificate

22-19  as to the amount of money and securities on deposit to your credit in

22-20  any account in the institution.

22-21     (4) You must name as respondent the person by whom you are

22-22  confined or restrained. If you are in a specific institution of the

22-23  Department of Corrections, name the warden or head of the

22-24  institution. If you are not in a specific institution of the Department

22-25  but within its custody, name the Director of the Department of

22-26  Corrections.

22-27     (5) You must include all grounds or claims for relief which you

22-28  may have regarding your conviction or sentence. Failure to raise all

22-29  grounds in this petition may preclude you from filing future

22-30  petitions challenging your conviction and sentence.

22-31     (6) You must allege specific facts supporting the claims in the

22-32  petition you file seeking relief from any conviction or sentence.

22-33  Failure to allege specific facts rather than just conclusions may

22-34  cause your petition to be dismissed. If your petition contains a claim

22-35  of ineffective assistance of counsel, that claim will operate to waive

22-36  the attorney-client privilege for the proceeding in which you claim

22-37  your counsel was ineffective.

22-38     (7) When the petition is fully completed, the original and one

22-39  copy must be filed with the clerk of the state district court for the

22-40  county in which you were convicted. One copy must be mailed to

22-41  the respondent, one copy to the Attorney General’s Office, and one

22-42  copy to the district attorney of the county in which you were

23-1  convicted or to the original prosecutor if you are challenging your

23-2  original conviction or sentence. Copies must conform in all

23-3  particulars to the original submitted for filing.

 

23-4  PETITION

 

23-5  1.  Name of institution and county in which you are presently

23-6  imprisoned or where and how you are presently restrained of your

23-7  liberty: ...............................................................

23-8  ............................................................................

23-9  2.  Name and location of court which entered the judgment of

23-10  conviction under attack: ..................................

23-11  ...........................................................................

23-12  ................ 3.  Date of judgment of conviction:  

23-13  ............................................... 4.  Case number:  

23-14  ................................ 5.  (a) Length of sentence:  

23-15  ...........................................................................

23-16  (b) If sentence is death, state any date upon which execution is

23-17  scheduled:.........................................................

23-18  6.  Are you presently serving a sentence for a conviction other

23-19  than the conviction under attack in this motion? Yes ........ No ........

23-20  If “yes,” list crime, case number and sentence being served at this

23-21  time: .................................................................

23-22  ...........................................................................

23-23  ...........................................................................

23-24  7.  Nature of offense involved in conviction being

23-25  challenged: .......................................................

23-26  ...........................................................................

23-27  ........................................................... 8.  What was your plea? (check one)

23-28  ........................................................................................ (a) Not guilty ........

23-29  .............................................................................................. (b) Guilty ........

23-30  ................................................................... (c) [Guilty but mentally ill .......

23-31  ........................................................................... (d)] Nolo contendere ........

23-32  9.  If you entered a plea of guilty [or guilty but mentally ill] to

23-33  one count of an indictment or information, and a plea of not guilty

23-34  to another count of an indictment or information, or if a plea of

23-35  guilty [or guilty but mentally ill] was negotiated, give details:   

23-36  ...........................................................................

23-37  ...........................................................................

23-38  ................ 10.  If you were found guilty after a plea of not guilty, was the

23-39  finding made by: (check one)

23-40  .................................................................................................. (a) Jury ........

23-41  ...................................................................... (b) Judge without a jury ........

 

 

24-1                                        11.  Did you testify at the trial? Yes ........ No ........

24-2                 12.  Did you appeal from the judgment of conviction? Yes ........

24-3  No ........

24-4                                                  13.  If you did appeal, answer the following:

24-5                                                (a) Name of court:  

24-6                                (b) Case number or citation:  

24-7                                                             (c) Result:  

24-8                                                 (d) Date of result:  

24-9                                             (Attach copy of order or decision, if available.)

24-10  14.  If you did not appeal, explain briefly why you did not:

24-11  ...........................................................................

24-12  ...........................................................................

24-13  ............... 15.  Other than a direct appeal from the judgment of conviction

24-14  and sentence, have you previously filed any petitions, applications

24-15  or motions with respect to this judgment in any court, state or

24-16  federal? Yes ........ No ........

24-17  ..................... 16.  If your answer to No. 15 was “yes,” give the following

24-18  information:

24-19     (a).................................... (1) Name of court:  

24-20                                   (2) Nature of proceeding:  

24-21  ...........................................................................

24-22                                             (3) Grounds raised:  

24-23  ...........................................................................

24-24  ...........................................................................

24-25     (4) Did you receive an evidentiary hearing on your petition,

24-26  application or motion? Yes ........ No ........

24-27                                                            (5) Result:  

24-28                                                (6) Date of result:  

24-29     (7) If known, citations of any written opinion or date of

24-30  orders entered pursuant to such result: ..........

24-31  ...........................................................................

24-32     (b) As to any second petition, application or motion, give the

24-33  same information:

24-34                                              (1) Name of court:  

24-35                                   (2) Nature of proceeding:  

24-36                                             (3) Grounds raised:  

24-37     (4) Did you receive an evidentiary hearing on your petition,

24-38  application or motion? Yes ........ No ........

24-39                                                            (5) Result:  

24-40                                                (6) Date of result:  

24-41     (7) If known, citations of any written opinion or date of

24-42  orders entered pursuant to such result: ..........

24-43  ...........................................................................

25-1  (c) As to any third or subsequent additional applications or

25-2  motions, give the same information as above, list them on a separate

25-3  sheet and attach.

25-4      (d) Did you appeal to the highest state or federal court having

25-5  jurisdiction, the result or action taken on any petition, application or

25-6  motion?

25-7          (1) First petition, application or motion? Yes ........ No ........

25-8                                ..................... Citation or date of decision:  

25-9      (2) Second petition, application or motion? Yes ........

25-10  No .........

25-11                               ..................... Citation or date of decision:  

25-12     (3) Third or subsequent petitions, applications or motions?

25-13  Yes ....... No ........

25-14                               ..................... Citation or date of decision:  

25-15  (e) If you did not appeal from the adverse action on any petition,

25-16  application or motion, explain briefly why you did not. (You must

25-17  relate specific facts in response to this question. Your response may

25-18  be included on paper which is 8 1/2 by 11 inches attached to the

25-19  petition. Your response may not exceed five handwritten or

25-20  typewritten pages in length.) ...........................

25-21  ...........................................................................

25-22  ...........................................................................

25-23     17.  Has any ground being raised in this petition been

25-24  previously presented to this or any other court by way of petition for

25-25  habeas corpus, motion, application or any other postconviction

25-26  proceeding? If so, identify:

25-27  ............. (a) Which of the grounds is the same:  

25-28  ...........................................................................

25-29  (b) The proceedings in which these grounds were raised:

25-30  ...........................................................................

25-31  (c) Briefly explain why you are again raising these grounds.

25-32  (You must relate specific facts in response to this question. Your

25-33  response may be included on paper which is 8 1/2 by 11 inches

25-34  attached to the petition. Your response may not exceed five

25-35  handwritten or typewritten pages in length.) ..

25-36  ...........................................................................

25-37  18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d),

25-38  or listed on any additional pages you have attached, were not

25-39  previously presented in any other court, state or federal, list briefly

25-40  what grounds were not so presented, and give your reasons for not

25-41  presenting them. (You must relate specific facts in response to this

25-42  question. Your response may be included on paper which is 8 1/2 by

25-43  11 inches attached to the petition. Your response may not exceed

25-44  five handwritten or typewritten pages in length.)   

25-45  ...........................................................................

26-1  19.  Are you filing this petition more than 1 year following the

26-2  filing of the judgment of conviction or the filing of a decision on

26-3  direct appeal? If so, state briefly the reasons for the delay. (You

26-4  must relate specific facts in response to this question. Your response

26-5  may be included on paper which is 8 1/2 by 11 inches attached to

26-6  the petition. Your response may not exceed five handwritten or

26-7  typewritten pages in length.) ............................

26-8  ............................................................................

26-9  20.  Do you have any petition or appeal now pending in

26-10  any court, either state or federal, as to the judgment under attack?

26-11  Yes ........ No ........

26-12  If yes, state what court and the case number: .

26-13  ...........................................................................

26-14  21.  Give the name of each attorney who represented you in the

26-15  proceeding resulting in your conviction and on direct appeal:

26-16  ...........................................................................

26-17  22.  Do you have any future sentences to serve after you

26-18  complete the sentence imposed by the judgment under attack?

26-19  Yes ........ No ........

26-20  If yes, specify where and when it is to be served, if you know:   

26-21  ...........................................................................

26-22     23.  State concisely every ground on which you claim that you

26-23  are being held unlawfully. Summarize briefly the facts supporting

26-24  each ground. If necessary you may attach pages stating additional

26-25  grounds and facts supporting same.

26-26  ................................................ (a) Ground one:  

26-27  ...........................................................................

26-28  Supporting FACTS (Tell your story briefly without citing cases or

26-29  law.): ................................................................

26-30  ...........................................................................

26-31  ...........................................................................

26-32  ................................................ (b) Ground two:  

26-33  ...........................................................................

26-34  Supporting FACTS (Tell your story briefly without citing cases or

26-35  law.): ................................................................

26-36  ...........................................................................

26-37  ...........................................................................

26-38  .............................................. (c) Ground three:  

26-39  ...........................................................................

26-40  Supporting FACTS (Tell your story briefly without citing cases or

26-41  law.): ................................................................

26-42  ...........................................................................

26-43  ...........................................................................

 

 

27-1                                                   (d) Ground four:  

27-2  ............................................................................

27-3  Supporting FACTS (Tell your story briefly without citing cases or

27-4  law.): .................................................................

27-5  ............................................................................

27-6  ............................................................................

27-7  WHEREFORE, petitioner prays that the court grant petitioner

27-8  relief to which he may be entitled in this proceeding.

27-9      EXECUTED at ................... on the ....... day of the month of .......

27-10  of the year .......

 

27-11                                                                              ...............................

27-12                                             Signature of petitioner

27-13                                                                              ...............................

27-14                                                         Address

27-15  ...................................

27-16  Signature of attorney (if any)

27-17  ...................................

27-18  Attorney for petitioner

27-19  ...................................

27-20           Address

 

27-21  VERIFICATION

 

27-22     Under penalty of perjury, the undersigned declares that he is the

27-23  petitioner named in the foregoing petition and knows the contents

27-24  thereof; that the pleading is true of his own knowledge, except as to

27-25  those matters stated on information and belief, and as to such

27-26  matters he believes them to be true.

 

27-27                                                                              ...............................

27-28                                                       Petitioner

27-29                                                                              ...............................

27-30                                             Attorney for petitioner

 

27-31  CERTIFICATE OF SERVICE BY MAIL

 

27-32     I, ................................, hereby certify pursuant to N.R.C.P. 5(b),

27-33  that on this ........ day of the month of ........ of the year ........, I

27-34  mailed a true and correct copy of the foregoing PETITION FOR

27-35  WRIT OF HABEAS CORPUS addressed to:

 

27-36                                                                              ...................................................

27-37                         Respondent prison or jail official

 

28-1                                                                               ...................................................

28-2                                               Address

28-3                                                                               ...................................................

28-4                           Attorney General

28-5                           Heroes’ Memorial Building

28-6                           Capitol Complex

28-7                           Carson City, Nevada 89710

 

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

28-9                  District Attorney of County of Conviction

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

28-11                                              Address

 

28-12                                                                              ...............................

28-13                                             Signature of Petitioner

 

28-14     Sec. 29.  NRS 34.810 is hereby amended to read as follows:

28-15     34.810  1.  The court shall dismiss a petition if the court

28-16  determines that:

28-17     (a) The petitioner’s conviction was upon a plea of guilty [or

28-18  guilty but mentally ill] and the petition is not based upon an

28-19  allegation that the plea was involuntarily or unknowingly entered or

28-20  that the plea was entered without effective assistance of counsel.

28-21     (b) The petitioner’s conviction was the result of a trial and the

28-22  grounds for the petition could have been:

28-23         (1) Presented to the trial court;

28-24         (2) Raised in a direct appeal or a prior petition for a writ of

28-25  habeas corpus or postconviction relief; or

28-26         (3) Raised in any other proceeding that the petitioner has

28-27  taken to secure relief from his conviction and sentence,

28-28  unless the court finds both cause for the failure to present the

28-29  grounds and actual prejudice to the petitioner.

28-30     2.  A second or successive petition must be dismissed if the

28-31  judge or justice determines that it fails to allege new or different

28-32  grounds for relief and that the prior determination was on the merits

28-33  or, if new and different grounds are alleged, the judge or justice

28-34  finds that the failure of the petitioner to assert those grounds in a

28-35  prior petition constituted an abuse of the writ.

28-36     3.  Pursuant to subsections 1 and 2, the petitioner has the

28-37  burden of pleading and proving specific facts that demonstrate:

28-38     (a) Good cause for the petitioner’s failure to present the claim or

28-39  for presenting the claim again; and

28-40     (b) Actual prejudice to the petitioner.

28-41  The petitioner shall include in the petition all prior proceedings in

28-42  which he challenged the same conviction or sentence.

29-1      4.  The court may dismiss a petition that fails to include any

29-2  prior proceedings of which the court has knowledge through the

29-3  record of the court or through the pleadings submitted by the

29-4  respondent.

29-5      Sec. 30.  NRS 41B.070 is hereby amended to read as follows:

29-6      41B.070  “Convicted” and “conviction” mean a judgment based

29-7  upon:

29-8      1.  A plea of guilty[, guilty but mentally ill] or nolo contendere;

29-9      2.  A finding of guilt by a jury or a court sitting without a jury;

29-10     3.  An adjudication of delinquency or finding of guilt by a court

29-11  having jurisdiction over juveniles; or

29-12     4.  Any other admission or finding of guilt in a criminal action

29-13  or a proceeding in a court having jurisdiction over juveniles.

29-14     Sec. 31.  NRS 48.061 is hereby amended to read as follows:

29-15     48.061  Evidence of domestic violence as defined in NRS

29-16  33.018 and expert testimony concerning the effect of domestic

29-17  violence on the beliefs, behavior and perception of the person

29-18  alleging the domestic violence is admissible in chief and in rebuttal,

29-19  when determining:

29-20     1.  Whether a person is excepted from criminal liability

29-21  pursuant to subsection [6] 7 of NRS 194.010, to show the state of

29-22  mind of the defendant.

29-23     2.  Whether a person in accordance with NRS 200.200 has

29-24  killed another in self-defense, toward the establishment of the legal

29-25  defense.

29-26     Sec. 32.  NRS 48.125 is hereby amended to read as follows:

29-27     48.125  1.  Evidence of a plea of guilty [or guilty but mentally

29-28  ill,] , later withdrawn, or of an offer to plead guilty [or guilty but

29-29  mentally ill] to the crime charged or any other crime is not

29-30  admissible in a criminal proceeding involving the person who made

29-31  the plea or offer.

29-32     2.  Evidence of a plea of nolo contendere or of an offer to plead

29-33  nolo contendere to the crime charged or any other crime is not

29-34  admissible in a civil or criminal proceeding involving the person

29-35  who made the plea or offer.

29-36     Sec. 33.  NRS 50.068 is hereby amended to read as follows:

29-37     50.068  1.  A defendant is not incompetent to be a witness

29-38  solely by reason of the fact that he enters into an agreement with the

29-39  prosecuting attorney in which he agrees to testify against another

29-40  defendant in exchange for a plea of guilty[, guilty but mentally ill]

29-41  or nolo contendere to a lesser charge or for a recommendation of a

29-42  reduced sentence.

29-43     2.  The testimony of the defendant who is testifying may be

29-44  admitted whether or not he has entered his plea or been sentenced

29-45  pursuant to the agreement with the prosecuting attorney.

30-1      Sec. 34.  NRS 51.295 is hereby amended to read as follows:

30-2      51.295  1.  Evidence of a final judgment, entered after trial or

30-3  upon a plea of guilty , [or guilty but mentally ill,] but not upon a

30-4  plea of nolo contendere, adjudging a person guilty of a crime

30-5  punishable by death or imprisonment in excess of 1 year, is not

30-6  inadmissible under the hearsay rule to prove any fact essential to

30-7  sustain the judgment.

30-8      2.  This section does not make admissible, when offered by the

30-9  State in a criminal prosecution for purposes other than

30-10  impeachment, a judgment against a person other than the accused.

30-11     3.  The pendency of an appeal may be shown but does not affect

30-12  admissibility.

30-13     Sec. 35.  NRS 193.210 is hereby amended to read as follows:

30-14     193.210  A person is of sound mind who is not affected with

30-15  insanity and who has arrived at the age of 14 years, or before that

30-16  age if he knew the distinction between good and evil.

30-17     Sec. 36.  NRS 193.220 is hereby amended to read as follows:

30-18     193.220  No act committed by a person while in a state of

30-19  [insanity or] voluntary intoxication shall be deemed less criminal by

30-20  reason of his condition, but whenever the actual existence of any

30-21  particular purpose, motive or intent is a necessary element to

30-22  constitute a particular species or degree of crime, the fact of his

30-23  [insanity or] intoxication may be taken into consideration in

30-24  determining the purpose, motive or intent.

30-25     Sec. 37.  NRS 194.010 is hereby amended to read as follows:

30-26     194.010  All persons are liable to punishment except those

30-27  belonging to the following classes:

30-28     1.  Children under the age of 8 years.

30-29     2.  Children between the ages of 8 years and 14 years, in the

30-30  absence of clear proof that at the time of committing the act charged

30-31  against them they knew its wrongfulness.

30-32     3.  Persons who committed the act charged or made the

30-33  omission charged in a state of insanity.

30-34     4.  Persons who committed the act or made the omission

30-35  charged under an ignorance or mistake of fact, which disproves any

30-36  criminal intent, where a specific intent is required to constitute the

30-37  offense.

30-38     [4.] 5. Persons who committed the act charged without being

30-39  conscious thereof.

30-40     [5.] 6. Persons who committed the act or made the omission

30-41  charged, through misfortune or by accident, when it appears that

30-42  there was no evil design, intention or culpable negligence.

30-43     [6.] 7. Persons, unless the crime is punishable with death, who

30-44  committed the act or made the omission charged under threats or

30-45  menaces sufficient to show that they had reasonable cause to

31-1  believe, and did believe, their lives would be endangered if they

31-2  refused, or that they would suffer great bodily harm.

31-3      Sec. 38.  NRS 200.485 is hereby amended to read as follows:

31-4      200.485  1.  Unless a greater penalty is provided pursuant to

31-5  NRS 200.481, a person convicted of a battery that constitutes

31-6  domestic violence pursuant to NRS 33.018:

31-7      (a) For the first offense within 7 years, is guilty of a

31-8  misdemeanor and shall be sentenced to:

31-9          (1) Imprisonment in the city or county jail or detention

31-10  facility for not less than 2 days, but not more than 6 months; and

31-11         (2) Perform not less than 48 hours, but not more than

31-12  120 hours, of community service.

31-13  The person shall be further punished by a fine of not less than $200,

31-14  but not more than $1,000. A term of imprisonment imposed

31-15  pursuant to this paragraph may be served intermittently at the

31-16  discretion of the judge or justice of the peace, except that each

31-17  period of confinement must be not less than 4 consecutive hours and

31-18  must occur at a time when the person is not required to be at his

31-19  place of employment or on a weekend.

31-20     (b) For the second offense within 7 years, is guilty of a

31-21  misdemeanor and shall be sentenced to:

31-22         (1) Imprisonment in the city or county jail or detention

31-23  facility for not less than 10 days, but not more than 6 months; and

31-24         (2) Perform not less than 100 hours, but not more than

31-25  200 hours, of community service.

31-26  The person shall be further punished by a fine of not less than $500,

31-27  but not more than $1,000.

31-28     (c) For the third and any subsequent offense within 7 years, is

31-29  guilty of a category C felony and shall be punished as provided in

31-30  NRS 193.130.

31-31     2.  In addition to any other penalty, if a person is convicted of a

31-32  battery which constitutes domestic violence pursuant to NRS

31-33  33.018, the court shall:

31-34     (a) For the first offense within 7 years, require him to participate

31-35  in weekly counseling sessions of not less than 1 1/2 hours per week

31-36  for not less than 6 months, but not more than 12 months, at his

31-37  expense, in a program for the treatment of persons who commit

31-38  domestic violence that has been certified pursuant to NRS 228.470.

31-39     (b) For the second offense within 7 years, require him to

31-40  participate in weekly counseling sessions of not less than 1 1/2

31-41  hours per week for 12 months, at his expense, in a program for the

31-42  treatment of persons who commit domestic violence that has been

31-43  certified pursuant to NRS 228.470.

31-44     3.  An offense that occurred within 7 years immediately

31-45  preceding the date of the principal offense or after the principal

32-1  offense constitutes a prior offense for the purposes of this section

32-2  when evidenced by a conviction, without regard to the sequence of

32-3  the offenses and convictions. The facts concerning a prior offense

32-4  must be alleged in the complaint, indictment or information, must

32-5  not be read to the jury or proved at trial but must be proved at the

32-6  time of sentencing and, if the principal offense is alleged to be a

32-7  felony, must also be shown at the preliminary examination or

32-8  presented to the grand jury.

32-9      4.  In addition to any other fine or penalty, the court shall order

32-10  such a person to pay an administrative assessment of $35. Any

32-11  money so collected must be paid by the clerk of the court to the

32-12  State Controller on or before the fifth day of each month for the

32-13  preceding month for credit to the Account for Programs Related to

32-14  Domestic Violence established pursuant to NRS 228.460.

32-15     5.  In addition to any other penalty, the court may require such a

32-16  person to participate, at his expense, in a program of treatment for

32-17  the abuse of alcohol or drugs that has been certified by the Health

32-18  Division of the Department of Human Resources.

32-19     6.  If it appears from information presented to the court that a

32-20  child under the age of 18 years may need counseling as a result of

32-21  the commission of a battery which constitutes domestic violence

32-22  pursuant to NRS 33.018, the court may refer the child to an agency

32-23  which provides child welfare services. If the court refers a child to

32-24  an agency which provides child welfare services, the court shall

32-25  require the person convicted of a battery which constitutes domestic

32-26  violence pursuant to NRS 33.018 to reimburse the agency for the

32-27  costs of any services provided, to the extent of his ability to pay.

32-28     7.  If a person is charged with committing a battery which

32-29  constitutes domestic violence pursuant to NRS 33.018, a

32-30  prosecuting attorney shall not dismiss such a charge in exchange for

32-31  a plea of guilty[, guilty but mentally ill] or nolo contendere to a

32-32  lesser charge or for any other reason unless he knows, or it is

32-33  obvious, that the charge is not supported by probable cause or

32-34  cannot be proved at the time of trial. A court shall not grant

32-35  probation to and, except as otherwise provided in NRS 4.373 and

32-36  5.055, a court shall not suspend the sentence of such a person.

32-37     8.  As used in this section:

32-38     (a) “Agency which provides child welfare services” has the

32-39  meaning ascribed to it in NRS 432B.030.

32-40     (b) “Battery” has the meaning ascribed to it in paragraph (a) of

32-41  subsection 1 of NRS 200.481.

32-42     (c) “Offense” includes a battery which constitutes domestic

32-43  violence pursuant to NRS 33.018 or a violation of the law of any

32-44  other jurisdiction that prohibits the same or similar conduct.

 

33-1      Sec. 39.  NRS 202.270 is hereby amended to read as follows:

33-2      202.270  1.  A person who destroys, or attempts to destroy,

33-3  with dynamite, nitroglycerine, gunpowder or other high explosive,

33-4  any dwelling house or other building, knowing or having reason to

33-5  believe that a human being is therein at the time, is guilty of a

33-6  category A felony and shall be punished by imprisonment in the

33-7  state prison:

33-8      (a) For life without the possibility of parole;

33-9      (b) For life with the possibility of parole, with eligibility for

33-10  parole beginning when a minimum of 10 years has been served; or

33-11     (c) For a definite term of 25 years, with eligibility for parole

33-12  beginning when a minimum of 10 years has been served,

33-13  in the discretion of the jury, or of the court upon a plea of guilty . [or

33-14  guilty but mentally ill.]

33-15     2.  A person who conspires with others to commit the offense

33-16  described in subsection 1 shall be punished in the same manner.

33-17     Sec. 40.  NRS 202.885 is hereby amended to read as follows:

33-18     202.885  1.  A person may not be prosecuted or convicted

33-19  pursuant to NRS 202.882 unless a court in this state or any other

33-20  jurisdiction has entered a judgment of conviction against a culpable

33-21  actor for:

33-22     (a) The violent or sexual offense against the child; or

33-23     (b) Any other offense arising out of the same facts as the violent

33-24  or sexual offense against the child.

33-25     2.  For any violation of NRS 202.882, an indictment must be

33-26  found or an information or complaint must be filed within 1 year

33-27  after the date on which:

33-28     (a) A court in this state or any other jurisdiction has entered a

33-29  judgment of conviction against a culpable actor as provided in

33-30  subsection 1; or

33-31     (b) The violation is discovered,

33-32  whichever occurs later.

33-33     3.  For the purposes of this section:

33-34     (a) A court in “any other jurisdiction” includes, without

33-35  limitation, a tribal court or a court of the United States or the Armed

33-36  Forces of the United States.

33-37     (b) “Convicted” and “conviction” mean a judgment based upon:

33-38         (1) A plea of guilty[, guilty but mentally ill] or nolo

33-39  contendere;

33-40         (2) A finding of guilt by a jury or a court sitting without a

33-41  jury;

33-42         (3) An adjudication of delinquency or finding of guilt by a

33-43  court having jurisdiction over juveniles; or

33-44         (4) Any other admission or finding of guilt in a criminal

33-45  action or a proceeding in a court having jurisdiction over juveniles.

34-1      (c) A court “enters” a judgment of conviction against a person

34-2  on the date on which guilt is admitted, adjudicated or found,

34-3  whether or not:

34-4          (1) The court has imposed a sentence, a penalty or other

34-5  sanction for the conviction; or

34-6          (2) The person has exercised any right to appeal the

34-7  conviction.

34-8      (d) “Culpable actor” means a person who:

34-9          (1) Causes or perpetrates an unlawful act;

34-10         (2) Aids, abets, commands, counsels, encourages, hires,

34-11  induces, procures or solicits another person to cause or perpetrate an

34-12  unlawful act; or

34-13         (3) Is a principal in any degree, accessory before or after the

34-14  fact, accomplice or conspirator to an unlawful act.

34-15     Sec. 41.  NRS 207.016 is hereby amended to read as follows:

34-16     207.016  1.  A conviction pursuant to NRS 207.010, 207.012

34-17  or 207.014 operates only to increase, not to reduce, the sentence

34-18  otherwise provided by law for the principal crime.

34-19     2.  If a count pursuant to NRS 207.010, 207.012 or 207.014 is

34-20  included in an information charging the primary offense, each

34-21  previous conviction must be alleged in the accusatory pleading, but

34-22  no such conviction may be alluded to on trial of the primary offense,

34-23  nor may any allegation of the conviction be read in the presence of a

34-24  jury trying the offense or a grand jury considering an indictment for

34-25  the offense. A count pursuant to NRS 207.010, 207.012 or 207.014

34-26  may be separately filed after conviction of the primary offense, but

34-27  if it is so filed, sentence must not be imposed, or the hearing

34-28  required by subsection 3 held, until 15 days after the separate filing.

34-29     3.  If a defendant charged pursuant to NRS 207.010, 207.012 or

34-30  207.014 pleads guilty [or guilty but mentally ill to,] to or is found

34-31  guilty of[,] the primary offense[,] but denies any previous

34-32  conviction charged, the court shall determine the issue of the

34-33  previous conviction after hearing all relevant evidence presented on

34-34  the issue by the prosecution and the defendant. At such a hearing,

34-35  the defendant may not challenge the validity of a previous

34-36  conviction. The court shall impose sentence:

34-37     (a) Pursuant to NRS 207.010 upon finding that the defendant

34-38  has suffered previous convictions sufficient to support an

34-39  adjudication of habitual criminality;

34-40     (b) Pursuant to NRS 207.012 upon finding that the defendant

34-41  has suffered previous convictions sufficient to support an

34-42  adjudication of habitual felon; or

34-43     (c) Pursuant to NRS 207.014 upon finding that the defendant

34-44  has suffered previous convictions sufficient to support an

34-45  adjudication of habitually fraudulent felon.

35-1      4.  Nothing in the provisions of this section, NRS 207.010,

35-2  207.012 or 207.014 limits the prosecution in introducing evidence

35-3  of prior convictions for purposes of impeachment.

35-4      5.  For the purposes of NRS 207.010, 207.012 and 207.014, a

35-5  certified copy of a felony conviction is prima facie evidence of

35-6  conviction of a prior felony.

35-7      6.  Nothing in the provisions of this section, NRS 207.010,

35-8  207.012 or 207.014 prohibits a court from imposing an adjudication

35-9  of habitual criminality, adjudication of habitual felon or adjudication

35-10  of habitually fraudulent felon based upon a stipulation of the parties.

35-11     Sec. 42.  NRS 207.193 is hereby amended to read as follows:

35-12     207.193  1.  Except as otherwise provided in subsection 4, if a

35-13  person is convicted of coercion or attempted coercion in violation of

35-14  paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the

35-15  request of the prosecuting attorney, conduct a separate hearing to

35-16  determine whether the offense was sexually motivated. A request

35-17  for such a hearing may not be submitted to the court unless the

35-18  prosecuting attorney, not less than 72 hours before the

35-19  commencement of the trial, files and serves upon the defendant a

35-20  written notice of his intention to request such a hearing.

35-21     2.  A hearing requested pursuant to subsection 1 must be

35-22  conducted before:

35-23     (a) The court imposes its sentence; or

35-24     (b) A separate penalty hearing is conducted.

35-25     3.  At the hearing, only evidence concerning the question of

35-26  whether the offense was sexually motivated may be presented. The

35-27  prosecuting attorney must prove beyond a reasonable doubt that the

35-28  offense was sexually motivated.

35-29     4.  A person may stipulate that his offense was sexually

35-30  motivated before a hearing held pursuant to subsection 1 or as part

35-31  of an agreement to plead nolo contendere[, guilty] or guilty . [but

35-32  mentally ill.]

35-33     5.  The court shall enter in the record:

35-34     (a) Its finding from a hearing held pursuant to subsection 1; or

35-35     (b) A stipulation made pursuant to subsection 4.

35-36     6.  For the purposes of this section, an offense is “sexually

35-37  motivated” if one of the purposes for which the person committed

35-38  the offense was his sexual gratification.

35-39     Sec. 43.  NRS 212.189 is hereby amended to read as follows:

35-40     212.189  1.  Except as otherwise provided in subsection 9, a

35-41  prisoner who is in lawful custody or confinement, other than

35-42  residential confinement, shall not knowingly:

35-43     (a) Store or stockpile any human excrement or bodily fluid;

35-44     (b) Sell, supply or provide any human excrement or bodily fluid

35-45  to any other person;

36-1      (c) Buy, receive or acquire any human excrement or bodily fluid

36-2  from any other person; or

36-3      (d) Use, propel, discharge, spread or conceal, or cause to be

36-4  used, propelled, discharged, spread or concealed, any human

36-5  excrement or bodily fluid:

36-6          (1) With the intent to have the excrement or bodily fluid

36-7  come into physical contact with any portion of the body of an

36-8  officer or employee of a prison or any other person, whether or not

36-9  such physical contact actually occurs; or

36-10         (2) Under circumstances in which the excrement or bodily

36-11  fluid is reasonably likely to come into physical contact with any

36-12  portion of the body of an officer or employee of a prison or any

36-13  other person, whether or not such physical contact actually occurs.

36-14     2.  Except as otherwise provided in subsection 3, if a prisoner

36-15  violates any provision of subsection 1, the prisoner is guilty of a

36-16  category B felony and shall be punished by imprisonment in the

36-17  state prison for a minimum term of not less than 2 years and a

36-18  maximum term of not more than 10 years, and may be further

36-19  punished by a fine of not more than $10,000.

36-20     3.  If a prisoner violates any provision of paragraph (d) of

36-21  subsection 1 and, at the time of the offense, the prisoner knew that

36-22  any portion of the excrement or bodily fluid involved in the offense

36-23  contained a communicable disease that causes or is reasonably

36-24  likely to cause substantial bodily harm, whether or not the

36-25  communicable disease was transmitted to a victim as a result of the

36-26  offense, the prisoner is guilty of a category A felony and shall be

36-27  punished by imprisonment in the state prison:

36-28     (a) For life with the possibility of parole, with eligibility for

36-29  parole beginning when a minimum of 10 years has been served; or

36-30     (b) For a definite term of 25 years, with eligibility for parole

36-31  beginning when a minimum of 10 years has been served,

36-32  and may be further punished by a fine of not more than $50,000.

36-33     4.  A sentence imposed upon a prisoner pursuant to

36-34  subsection 2 or 3:

36-35     (a) Is not subject to suspension or the granting of probation; and

36-36     (b) Must run consecutively after the prisoner has served any

36-37  sentences imposed upon him for the offense or offenses for which

36-38  the prisoner was in lawful custody or confinement when he violated

36-39  the provisions of subsection 1.

36-40     5.  In addition to any other penalty, the court shall order a

36-41  prisoner who violates any provision of paragraph (d) of subsection 1

36-42  to reimburse the appropriate person or governmental body for the

36-43  cost of any examinations or testing:

36-44     (a) Conducted pursuant to paragraphs (a) and (b) of

36-45  subsection 7; or

37-1      (b) Paid for pursuant to subparagraph (2) of paragraph (c) of

37-2  subsection 7.

37-3      6.  The warden, sheriff, administrator or other person

37-4  responsible for administering a prison shall immediately and fully

37-5  investigate any act described in subsection 1 that is reported or

37-6  suspected to have been committed in the prison.

37-7      7.  If there is probable cause to believe that an act described in

37-8  paragraph (d) of subsection 1 has been committed in a prison:

37-9      (a) Each prisoner believed to have committed the act or to have

37-10  been the bodily source of any portion of the excrement or bodily

37-11  fluid involved in the act must submit to any appropriate

37-12  examinations and testing to determine whether each such prisoner

37-13  has any communicable disease.

37-14     (b) If possible, a sample of the excrement or bodily fluid

37-15  involved in the act must be recovered and tested to determine

37-16  whether any communicable disease is present in the excrement or

37-17  bodily fluid.

37-18     (c) If the excrement or bodily fluid involved in the act came into

37-19  physical contact with any portion of the body of an officer or

37-20  employee of a prison or any other person:

37-21         (1) The results of any examinations or testing conducted

37-22  pursuant to paragraphs (a) and (b) must be provided to each such

37-23  officer, employee or other person; and

37-24         (2) For each such officer or employee, the person or

37-25  governmental body operating the prison where the act was

37-26  committed shall pay for any appropriate examinations and testing

37-27  requested by the officer or employee to determine whether a

37-28  communicable disease was transmitted to him as a result of the act.

37-29     (d) The results of the investigation conducted pursuant to

37-30  subsection 6 and the results of any examinations or testing

37-31  conducted pursuant to paragraphs (a) and (b) must be submitted to

37-32  the district attorney of the county in which the act was committed or

37-33  to the office of the Attorney General for possible prosecution of

37-34  each prisoner who committed the act.

37-35     8.  If a prisoner is charged with committing an act described in

37-36  paragraph (d) of subsection 1 and a victim or an intended victim of

37-37  the act was an officer or employee of a prison, the prosecuting

37-38  attorney shall not dismiss the charge in exchange for a plea of guilty

37-39  [, guilty but mentally ill] or nolo contendere to a lesser charge or for

37-40  any other reason unless the prosecuting attorney knows or it is

37-41  obvious that the charge is not supported by probable cause or cannot

37-42  be proved at the time of trial.

37-43     9.  The provisions of this section do not apply to a prisoner who

37-44  commits an act described in subsection 1 if the act:

38-1      (a) Is otherwise lawful and is authorized by the warden, sheriff,

38-2  administrator or other person responsible for administering the

38-3  prison, or his designee, and the prisoner performs the act in

38-4  accordance with the directions or instructions given to him by that

38-5  person;

38-6      (b) Involves the discharge of human excrement or bodily fluid

38-7  directly from the body of the prisoner and the discharge is the direct

38-8  result of a temporary or permanent injury, disease or medical

38-9  condition afflicting the prisoner that prevents the prisoner from

38-10  having physical control over the discharge of his own excrement or

38-11  bodily fluid; or

38-12     (c) Constitutes voluntary sexual conduct with another person in

38-13  violation of the provisions of NRS 212.187.

38-14     Sec. 44.  NRS 453.3363 is hereby amended to read as follows:

38-15     453.3363  1.  If a person who has not previously been

38-16  convicted of any offense pursuant to NRS 453.011 to 453.552,

38-17  inclusive, or pursuant to any statute of the United States or of any

38-18  state relating to narcotic drugs, marijuana, or stimulant, depressant

38-19  or hallucinogenic substances tenders a plea of guilty, [guilty but

38-20  mentally ill,] nolo contendere or similar plea to a charge pursuant to

38-21  subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is

38-22  found guilty of one of those charges, the court, without entering a

38-23  judgment of conviction and with the consent of the accused, may

38-24  suspend further proceedings and place him on probation upon terms

38-25  and conditions that must include attendance and successful

38-26  completion of an educational program or, in the case of a person

38-27  dependent upon drugs, of a program of treatment and rehabilitation

38-28  pursuant to NRS 453.580.

38-29     2.  Upon violation of a term or condition, the court may enter a

38-30  judgment of conviction and proceed as provided in the section

38-31  pursuant to which the accused was charged. Notwithstanding the

38-32  provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

38-33  violation of a term or condition, the court may order the person to

38-34  the custody of the Department of Corrections.

38-35     3.  Upon fulfillment of the terms and conditions, the court shall

38-36  discharge the accused and dismiss the proceedings against him. A

38-37  nonpublic record of the dismissal must be transmitted to and

38-38  retained by the Division of Parole and Probation of the Department

38-39  of Public Safety solely for the use of the courts in determining

38-40  whether, in later proceedings, the person qualifies under this section.

38-41     4.  Except as otherwise provided in subsection 5, discharge and

38-42  dismissal under this section is without adjudication of guilt and is

38-43  not a conviction for purposes of this section or for purposes of

38-44  employment, civil rights or any statute or regulation or license or

38-45  questionnaire or for any other public or private purpose, but is a

39-1  conviction for the purpose of additional penalties imposed for

39-2  second or subsequent convictions or the setting of bail. Discharge

39-3  and dismissal restores the person discharged, in the contemplation

39-4  of the law, to the status occupied before the arrest, indictment or

39-5  information. He may not be held thereafter under any law to be

39-6  guilty of perjury or otherwise giving a false statement by reason of

39-7  failure to recite or acknowledge that arrest, indictment, information

39-8  or trial in response to an inquiry made of him for any purpose.

39-9  Discharge and dismissal under this section may occur only once

39-10  with respect to any person.

39-11     5.  A professional licensing board may consider a proceeding

39-12  under this section in determining suitability for a license or liability

39-13  to discipline for misconduct. Such a board is entitled for those

39-14  purposes to a truthful answer from the applicant or licensee

39-15  concerning any such proceeding with respect to him.

39-16     Sec. 45.  NRS 453.348 is hereby amended to read as follows:

39-17     453.348  In any proceeding brought under NRS 453.316,

39-18  453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401,

39-19  any previous convictions of the offender for a felony relating to

39-20  controlled substances must be alleged in the indictment or

39-21  information charging the primary offense, but the conviction may

39-22  not be alluded to on the trial of the primary offense nor may any

39-23  evidence of the previous offense be produced in the presence of the

39-24  jury except as otherwise prescribed by law. If the offender pleads

39-25  guilty [or guilty but mentally ill] to or is convicted of the primary

39-26  offense but denies any previous conviction charged, the court shall

39-27  determine the issue after hearing all relevant evidence. A certified

39-28  copy of a conviction of a felony is prima facie evidence of the

39-29  conviction.

39-30     Sec. 46.  NRS 453.575 is hereby amended to read as follows:

39-31     453.575  1.  If a defendant pleads guilty [or guilty but

39-32  mentally ill to,] to or is found guilty of[,] any violation of this

39-33  chapter and an analysis of a controlled substance or other substance

39-34  or drug was performed in relation to his case, the court shall include

39-35  in the sentence an order that the defendant pay the sum of $60 as a

39-36  fee for the analysis of the controlled substance or other substance or

39-37  drug.

39-38     2.  Except as otherwise provided in this subsection, any money

39-39  collected for such an analysis must not be deducted from, and is in

39-40  addition to, any fine otherwise imposed by the court and must be:

39-41     (a) Collected from the defendant before or at the same time that

39-42  the fine is collected.

39-43     (b) Stated separately in the judgment of the court or on the

39-44  court’s docket.

40-1      3.  The money collected pursuant to subsection 1 in any district,

40-2  municipal or justice’s court must be paid by the clerk of the court to

40-3  the county or city treasurer, as appropriate, on or before the fifth day

40-4  of each month for the preceding month.

40-5      4.  The board of county commissioners of each county shall by

40-6  ordinance create in the county treasury a fund to be designated as

40-7  the fund for forensic services. The governing body of each city shall

40-8  create in the city treasury a fund to be designated as the fund for

40-9  forensic services. Upon receipt, the county or city treasurer, as

40-10  appropriate, shall deposit any fee for the analyses of controlled

40-11  substances or other substances or drugs in the fund. The money

40-12  from such deposits must be accounted for separately within the

40-13  fund.

40-14     5.  Except as otherwise provided in subsection 6, each month

40-15  the treasurer shall, from the money credited to the fund pursuant to

40-16  subsection 3, pay any amount owed for forensic services and deposit

40-17  any remaining money in the county or city general fund, as

40-18  appropriate.

40-19     6.  In counties which do not receive forensic services under a

40-20  contract with the State, the money deposited in the fund for forensic

40-21  services pursuant to subsection 4 must be expended, except as

40-22  otherwise provided in this subsection:

40-23     (a) To pay for the analyses of controlled substances or other

40-24  substances or drugs performed in connection with criminal

40-25  investigations within the county;

40-26     (b) To purchase and maintain equipment to conduct these

40-27  analyses; and

40-28     (c) For the training and continuing education of the employees

40-29  who conduct these analyses.

40-30  Money from the fund must not be expended to cover the costs of

40-31  analyses conducted by, equipment used by or training for employees

40-32  of an analytical laboratory not registered with the Drug Enforcement

40-33  Administration of the United States Department of Justice.

40-34     Sec. 47.  NRS 454.358 is hereby amended to read as follows:

40-35     454.358  1.  When a defendant pleads guilty [or guilty but

40-36  mentally ill to,] to or is found guilty of[,] any violation of this

40-37  chapter and an analysis of a dangerous drug was performed in

40-38  relation to his case, the justice or judge shall include in the sentence

40-39  the sum of $50 as a fee for the analysis of the dangerous drug.

40-40     2.  The money collected for such an analysis must not be

40-41  deducted from the fine imposed by the justice or judge, but must be

40-42  taxed against the defendant in addition to the fine. The money

40-43  collected for such an analysis must be stated separately on the

40-44  court’s docket and must be included in the amount posted for bail. If

41-1  the defendant is found not guilty or the charges are dropped, the

41-2  money deposited with the court must be returned to the defendant.

41-3      3.  The money collected pursuant to subsection 1 in municipal

41-4  court must be paid by the clerk of the court to the county treasurer

41-5  on or before the [5th] fifth day of each month for the preceding

41-6  month.

41-7      4.  The money collected pursuant to subsection 1 in justices’

41-8  courts must be paid by the clerk of the court to the county treasurer

41-9  on or before the [5th] fifth day of each month for the preceding

41-10  month.

41-11     5.  The board of county commissioners of each county shall by

41-12  ordinance, before September 1, 1987, create in the county treasury a

41-13  fund to be designated as the fund for forensic services. Upon receipt,

41-14  the county treasurer shall deposit any fee for the analyses of

41-15  dangerous drugs in the fund.

41-16     6.  In counties which receive forensic services under a contract

41-17  with the State, any money in the fund for forensic services must be

41-18  paid monthly by the county treasurer to the State Treasurer for

41-19  deposit in the State General Fund, after retaining 2 percent of the

41-20  money to cover his administrative expenses.

41-21     7.  In counties which do not receive forensic services under a

41-22  contract with the State, money in the fund for forensic services must

41-23  be expended, except as otherwise provided in this subsection:

41-24     (a) To pay for the analyses of dangerous drugs performed in

41-25  connection with criminal investigations within the county;

41-26     (b) To purchase and maintain equipment to conduct these

41-27  analyses; and

41-28     (c) For the training and continuing education of the employees

41-29  who conduct these analyses.

41-30  Money from the fund must not be expended to cover the costs of

41-31  analyses conducted by, equipment used by or training for employees

41-32  of an analytical laboratory not registered with the Drug Enforcement

41-33  Administration of the United States Department of Justice.

41-34     Sec. 48.  NRS 483.560 is hereby amended to read as follows:

41-35     483.560  1.  Except as otherwise provided in subsection 2, any

41-36  person who drives a motor vehicle on a highway or on premises to

41-37  which the public has access at a time when his driver’s license has

41-38  been canceled, revoked or suspended is guilty of a misdemeanor.

41-39     2.  Except as otherwise provided in this subsection, if the

41-40  license of the person was suspended, revoked or restricted

41-41  because of:

41-42     (a) A violation of NRS 484.379, 484.3795 or 484.384;

41-43     (b) A homicide resulting from driving or being in actual

41-44  physical control of a vehicle while under the influence of

42-1  intoxicating liquor or a controlled substance or resulting from any

42-2  other conduct prohibited by NRS 484.379 or 484.3795; or

42-3      (c) A violation of a law of any other jurisdiction that

42-4  prohibits the same or similar conduct as set forth in paragraph (a)

42-5  or (b),

42-6  the person shall be punished by imprisonment in jail for not less

42-7  than 30 days nor more than 6 months or by serving a term of

42-8  residential confinement for not less than 60 days nor more than 6

42-9  months, and shall be further punished by a fine of not less than $500

42-10  nor more than $1,000. A person who is punished pursuant to this

42-11  subsection may not be granted probation, and a sentence imposed

42-12  for such a violation may not be suspended. A prosecutor may not

42-13  dismiss a charge of such a violation in exchange for a plea of guilty

42-14  [, of guilty but mentally ill] or of nolo contendere to a lesser charge

42-15  or for any other reason, unless in his judgment the charge is not

42-16  supported by probable cause or cannot be proved at trial. The

42-17  provisions of this subsection do not apply if the period of revocation

42-18  has expired but the person has not reinstated his license.

42-19     3.  A term of imprisonment imposed pursuant to the provisions

42-20  of this section may be served intermittently at the discretion of the

42-21  judge or justice of the peace. This discretion must be exercised after

42-22  considering all the circumstances surrounding the offense, and the

42-23  family and employment of the person convicted. However, the full

42-24  term of imprisonment must be served within 6 months after the date

42-25  of conviction, and any segment of time the person is imprisoned

42-26  must not consist of less than 24 hours.

42-27     4.  Jail sentences simultaneously imposed pursuant to this

42-28  section and NRS 484.3792, 484.37937 or 484.3794 must run

42-29  consecutively.

42-30     5.  If the Department receives a record of the conviction or

42-31  punishment of any person pursuant to this section upon a charge of

42-32  driving a vehicle while his license was:

42-33     (a) Suspended, the Department shall extend the period of the

42-34  suspension for an additional like period.

42-35     (b) Revoked, the Department shall extend the period of

42-36  ineligibility for a license, permit or privilege to drive for an

42-37  additional 1 year.

42-38     (c) Restricted, the Department shall revoke his restricted license

42-39  and extend the period of ineligibility for a license, permit or

42-40  privilege to drive for an additional 1 year.

42-41     (d) Suspended or canceled for an indefinite period, the

42-42  Department shall suspend his license for an additional 6 months for

42-43  the first violation and an additional 1 year for each subsequent

42-44  violation.

43-1      6.  Suspensions and revocations imposed pursuant to this

43-2  section must run consecutively.

43-3      Sec. 49.  NRS 484.3792 is hereby amended to read as follows:

43-4      484.3792  1.  Unless a greater penalty is provided pursuant

43-5  to NRS 484.3795, a person who violates the provisions of

43-6  NRS 484.379:

43-7      (a) For the first offense within 7 years, is guilty of a

43-8  misdemeanor. Unless he is allowed to undergo treatment as

43-9  provided in NRS 484.37937, the court shall:

43-10         (1) Except as otherwise provided in subparagraph (4) or

43-11  subsection 6, order him to pay tuition for an educational course on

43-12  the abuse of alcohol and controlled substances approved by the

43-13  Department and complete the course within the time specified in the

43-14  order, and the court shall notify the Department if he fails to

43-15  complete the course within the specified time;

43-16         (2) Unless the sentence is reduced pursuant to NRS

43-17  484.37937, sentence him to imprisonment for not less than 2 days

43-18  nor more than 6 months in jail, or to perform not less than 48 hours,

43-19  but not more than 96 hours, of community service while dressed in

43-20  distinctive garb that identifies him as having violated the provisions

43-21  of NRS 484.379;

43-22         (3) Fine him not less than $400 nor more than $1,000; and

43-23         (4) If he is found to have a concentration of alcohol of 0.18

43-24  or more in his blood or breath, order him to attend a program of

43-25  treatment for the abuse of alcohol or drugs pursuant to the

43-26  provisions of NRS 484.37945.

43-27     (b) For a second offense within 7 years, is guilty of a

43-28  misdemeanor. Unless the sentence is reduced pursuant to NRS

43-29  484.3794, the court shall:

43-30         (1) Sentence him to:

43-31             (I) Imprisonment for not less than 10 days nor more than

43-32  6 months in jail; or

43-33             (II) Residential confinement for not less than 10 days nor

43-34  more than 6 months, in the manner provided in NRS 4.376 to

43-35  4.3766, inclusive, or 5.0755 to 5.078, inclusive;

43-36         (2) Fine him not less than $750 nor more than $1,000;

43-37         (3) Order him to perform not less than 100 hours, but not

43-38  more than 200 hours, of community service while dressed in

43-39  distinctive garb that identifies him as having violated the provisions

43-40  of NRS 484.379, unless the court finds that extenuating

43-41  circumstances exist; and

43-42         (4) Order him to attend a program of treatment for the

43-43  abuse of alcohol or drugs pursuant to the provisions of

43-44  NRS 484.37945.

44-1  A person who willfully fails or refuses to complete successfully a

44-2  term of residential confinement or a program of treatment ordered

44-3  pursuant to this subsection is guilty of a misdemeanor.

44-4      (c) For a third or subsequent offense within 7 years, is guilty of

44-5  a category B felony and shall be punished by imprisonment in the

44-6  state prison for a minimum term of not less than 1 year and a

44-7  maximum term of not more than 6 years, and shall be further

44-8  punished by a fine of not less than $2,000 nor more than $5,000. An

44-9  offender so imprisoned must, insofar as practicable, be segregated

44-10  from offenders whose crimes were violent and, insofar as

44-11  practicable, be assigned to an institution or facility of minimum

44-12  security.

44-13     2.  An offense that occurred within 7 years immediately

44-14  preceding the date of the principal offense or after the principal

44-15  offense constitutes a prior offense for the purposes of this section

44-16  when evidenced by a conviction, without regard to the sequence of

44-17  the offenses and convictions. The facts concerning a prior offense

44-18  must be alleged in the complaint, indictment or information, must

44-19  not be read to the jury or proved at trial but must be proved at the

44-20  time of sentencing and, if the principal offense is alleged to be a

44-21  felony, must also be shown at the preliminary examination or

44-22  presented to the grand jury.

44-23     3.  A person convicted of violating the provisions of NRS

44-24  484.379 must not be released on probation, and a sentence imposed

44-25  for violating those provisions must not be suspended except, as

44-26  provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that

44-27  portion of the sentence imposed that exceeds the mandatory

44-28  minimum. A prosecuting attorney shall not dismiss a charge of

44-29  violating the provisions of NRS 484.379 in exchange for a plea of

44-30  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

44-31  or for any other reason unless he knows or it is obvious that the

44-32  charge is not supported by probable cause or cannot be proved at the

44-33  time of trial.

44-34     4.  A term of confinement imposed pursuant to the provisions

44-35  of this section may be served intermittently at the discretion of the

44-36  judge or justice of the peace, except that a person who is convicted

44-37  of a second or subsequent offense within 7 years must be confined

44-38  for at least one segment of not less than 48 consecutive hours. This

44-39  discretion must be exercised after considering all the circumstances

44-40  surrounding the offense, and the family and employment of the

44-41  offender, but any sentence of 30 days or less must be served within

44-42  6 months after the date of conviction or, if the offender was

44-43  sentenced pursuant to NRS 484.37937 or 484.3794 and the

44-44  suspension of his sentence was revoked, within 6 months after the

45-1  date of revocation. Any time for which the offender is confined

45-2  must consist of not less than 24 consecutive hours.

45-3      5.  Jail sentences simultaneously imposed pursuant to this

45-4  section and NRS 482.456, 483.560 or 485.330 must run

45-5  consecutively.

45-6      6.  If the person who violated the provisions of NRS 484.379

45-7  possesses a driver’s license issued by a state other than the State of

45-8  Nevada and does not reside in the State of Nevada, in carrying out

45-9  the provisions of subparagraph (1) of paragraph (a) of subsection 1,

45-10  the court shall:

45-11     (a) Order the person to pay tuition for and submit evidence of

45-12  completion of an educational course on the abuse of alcohol and

45-13  controlled substances approved by a governmental agency of the

45-14  state of his residence within the time specified in the order; or

45-15     (b) Order him to complete an educational course by

45-16  correspondence on the abuse of alcohol and controlled substances

45-17  approved by the Department within the time specified in the

45-18  order,

45-19  and the court shall notify the Department if the person fails to

45-20  complete the assigned course within the specified time.

45-21     7.  If the defendant was transporting a person who is less than

45-22  15 years of age in the motor vehicle at the time of the violation, the

45-23  court shall consider that fact as an aggravating factor in determining

45-24  the sentence of the defendant.

45-25     8.  As used in this section, unless the context otherwise

45-26  requires:

45-27     (a) “Concentration of alcohol of 0.18 or more in his blood or

45-28  breath” means 0.18 gram or more of alcohol per 100 milliliters of

45-29  the blood of a person or per 210 liters of this breath.

45-30     (b) “Offense” means:

45-31         (1) A violation of NRS 484.379 or 484.3795;

45-32         (2) A homicide resulting from driving or being in actual

45-33  physical control of a vehicle while under the influence of

45-34  intoxicating liquor or a controlled substance or resulting from any

45-35  other conduct prohibited by NRS 484.379 or 484.3795; or

45-36         (3) A violation of a law of any other jurisdiction that

45-37  prohibits the same or similar conduct as set forth in paragraph (a)

45-38  or (b).

45-39     Sec. 50.  NRS 484.3795 is hereby amended to read as follows:

45-40     484.3795  1.  A person who:

45-41     (a) Is under the influence of intoxicating liquor;

45-42     (b) Has a concentration of alcohol of 0.10 or more in his blood

45-43  or breath;

46-1      (c) Is found by measurement within 2 hours after driving or

46-2  being in actual physical control of a vehicle to have a concentration

46-3  of alcohol of 0.10 or more in his blood or breath;

46-4      (d) Is under the influence of a controlled substance or is under

46-5  the combined influence of intoxicating liquor and a controlled

46-6  substance;

46-7      (e) Inhales, ingests, applies or otherwise uses any chemical,

46-8  poison or organic solvent, or any compound or combination of any

46-9  of these, to a degree which renders him incapable of safely driving

46-10  or exercising actual physical control of a vehicle; or

46-11     (f) Has a prohibited substance in his blood or urine in an amount

46-12  that is equal to or greater than the amount set forth in subsection 3

46-13  of NRS 484.379,

46-14  and does any act or neglects any duty imposed by law while driving

46-15  or in actual physical control of any vehicle on or off the highways of

46-16  this state, if the act or neglect of duty proximately causes the death

46-17  of, or substantial bodily harm to, a person other than himself, is

46-18  guilty of a category B felony and shall be punished by imprisonment

46-19  in the state prison for a minimum term of not less than 2 years and a

46-20  maximum term of not more than 20 years and must be further

46-21  punished by a fine of not less than $2,000 nor more than $5,000. A

46-22  person so imprisoned must, insofar as practicable, be segregated

46-23  from offenders whose crimes were violent and, insofar as

46-24  practicable, be assigned to an institution or facility of minimum

46-25  security.

46-26     2.  A prosecuting attorney shall not dismiss a charge of

46-27  violating the provisions of subsection 1 in exchange for a plea of

46-28  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

46-29  or for any other reason unless he knows or it is obvious that the

46-30  charge is not supported by probable cause or cannot be proved at the

46-31  time of trial. A sentence imposed pursuant to subsection 1 may not

46-32  be suspended nor may probation be granted.

46-33     3.  If consumption is proven by a preponderance of the

46-34  evidence, it is an affirmative defense under paragraph (c) of

46-35  subsection 1 that the defendant consumed a sufficient quantity of

46-36  alcohol after driving or being in actual physical control of the

46-37  vehicle, and before his blood or breath was tested, to cause him to

46-38  have a concentration of alcohol of 0.10 or more in his blood or

46-39  breath. A defendant who intends to offer this defense at a trial

46-40  or preliminary hearing must, not less than 14 days before the trial or

46-41  hearing or at such other time as the court may direct, file and serve

46-42  on the prosecuting attorney a written notice of that intent.

46-43     4.  If the defendant was transporting a person who is less than

46-44  15 years of age in the motor vehicle at the time of the violation, the

47-1  court shall consider that fact as an aggravating factor in determining

47-2  the sentence of the defendant.

47-3      Sec. 51.  NRS 484.3797 is hereby amended to read as follows:

47-4      484.3797  1.  The judge or judges in each judicial district shall

47-5  cause the preparation and maintenance of a list of the panels of

47-6  persons who:

47-7      (a) Have been injured or had members of their families or close

47-8  friends injured or killed by a person who was driving or in actual

47-9  physical control of a vehicle while under the influence of

47-10  intoxicating liquor or a controlled substance or who was engaging in

47-11  any other conduct prohibited by NRS 484.379 or 484.3795 or a law

47-12  of any other jurisdiction that prohibits the same or similar conduct;

47-13  and

47-14     (b) Have, by contacting the judge or judges in the district,

47-15  expressed their willingness to discuss collectively the personal

47-16  effect of those crimes.

47-17  The list must include the name and telephone number of the person

47-18  to be contacted regarding each such panel and a schedule of times

47-19  and locations of the meetings of each such panel. The judge or

47-20  judges shall establish, in cooperation with representatives of the

47-21  members of the panels, a fee, if any, to be paid by defendants who

47-22  are ordered to attend a meeting of the panel. The amount of the fee,

47-23  if any, must be reasonable. The panel may not be operated for profit.

47-24     2.  Except as otherwise provided in this subsection, if a

47-25  defendant pleads guilty [or guilty but mentally ill to,] to or is found

47-26  guilty of[,] any violation of NRS 484.379 or 484.3795, the court

47-27  shall, in addition to imposing any other penalties provided by law,

47-28  order the defendant to:

47-29     (a) Attend, at the defendant’s expense, a meeting of a panel of

47-30  persons who have been injured or had members of their families or

47-31  close friends injured or killed by a person who was driving or in

47-32  actual physical control of a vehicle while under the influence of

47-33  intoxicating liquor or a controlled substance or who was engaging in

47-34  any other conduct prohibited by NRS 484.379 or 484.3795 or a law

47-35  of any other jurisdiction that prohibits the same or similar conduct,

47-36  in order to have the defendant understand the effect such a crime has

47-37  on other persons; and

47-38     (b) Pay the fee, if any, established by the court pursuant to

47-39  subsection 1.

47-40  The court may, but is not required to, order the defendant to attend

47-41  such a meeting if one is not available within 60 miles of the

47-42  defendant’s residence.

47-43     3.  A person ordered to attend a meeting pursuant to subsection

47-44  2 shall, after attending the meeting, present evidence or other

48-1  documentation satisfactory to the court that he attended the meeting

48-2  and remained for its entirety.

48-3      Sec. 52.  NRS 484.3798 is hereby amended to read as follows:

48-4      484.3798  1.  If a defendant pleads guilty [or guilty but

48-5  mentally ill to,] to or is found guilty of[,] any violation of NRS

48-6  484.379 or 484.3795 and a chemical analysis of his blood, urine,

48-7  breath or other bodily substance was conducted, the court shall, in

48-8  addition to any penalty provided by law, order the defendant to pay

48-9  the sum of $60 as a fee for the chemical analysis. Except as

48-10  otherwise provided in this subsection, any money collected for the

48-11  chemical analysis must not be deducted from, and is in addition to,

48-12  any fine otherwise imposed by the court and must be:

48-13     (a) Collected from the defendant before or at the same time that

48-14  the fine is collected.

48-15     (b) Stated separately in the judgment of the court or on the

48-16  court’s docket.

48-17     2.  All money collected pursuant to subsection 1 must be paid

48-18  by the clerk of the court to the county or city treasurer, as

48-19  appropriate, on or before the fifth day of each month for the

48-20  preceding month.

48-21     3.  The treasurer shall deposit all money received by him

48-22  pursuant to subsection 2 in the county or city treasury, as

48-23  appropriate, for credit to the fund for forensic services created

48-24  pursuant to NRS 453.575. The money must be accounted for

48-25  separately within the fund.

48-26     4.  Except as otherwise provided in subsection 5, each month

48-27  the treasurer shall, from the money credited to the fund pursuant to

48-28  subsection 3, pay any amount owed for forensic services and deposit

48-29  any remaining money in the county or city general fund, as

48-30  appropriate.

48-31     5.  In counties that do not receive forensic services under a

48-32  contract with the State, the money credited to the fund pursuant to

48-33  subsection 3:

48-34     (a) Except as otherwise provided in paragraph (b), must be:

48-35         (1) Expended to pay for the chemical analyses performed

48-36  within the county;

48-37         (2) Expended to purchase and maintain equipment to conduct

48-38  such analyses;

48-39         (3) Expended for the training and continuing education of the

48-40  employees who conduct such analyses; and

48-41         (4) Paid to law enforcement agencies which conduct such

48-42  analyses to be used by those agencies in the manner provided in this

48-43  subsection.

48-44     (b) May only be expended to cover the costs of chemical

48-45  analyses conducted by, equipment used by, or training for

49-1  employees of an analytical laboratory that is approved by the

49-2  committee on testing for intoxication created in NRS 484.388.

49-3      Sec. 53.  NRS 484.3945 is hereby amended to read as follows:

49-4      484.3945  1.  A person required to install a device pursuant to

49-5  NRS 484.3943 shall not operate a motor vehicle without a device or

49-6  tamper with the device.

49-7      2.  A person who violates any provision of subsection 1:

49-8      (a) Must have his driving privilege revoked in the manner set

49-9  forth in subsection 4 of NRS 483.460; and

49-10     (b) Shall be:

49-11         (1) Punished by imprisonment in jail for not less than 30

49-12  days nor more than 6 months; or

49-13         (2) Sentenced to a term of not less than 60 days in residential

49-14  confinement nor more than 6 months, and by a fine of not less than

49-15  $500 nor more than $1,000.

49-16  No person who is punished pursuant to this section may be granted

49-17  probation , and no sentence imposed for such a violation may be

49-18  suspended. No prosecutor may dismiss a charge of such a violation

49-19  in exchange for a plea of guilty[, of guilty but mentally ill] or of

49-20  nolo contendere to a lesser charge or for any other reason unless, in

49-21  his judgment, the charge is not supported by probable cause or

49-22  cannot be proved at trial.

49-23     Sec. 54.  NRS 488.420 is hereby amended to read as follows:

49-24     488.420  1.  A person who:

49-25     (a) Is under the influence of intoxicating liquor;

49-26     (b) Has a concentration of alcohol of 0.10 or more in his blood

49-27  or breath;

49-28     (c) Is found by measurement within 2 hours after operating or

49-29  being in actual physical control of a vessel under power or sail to

49-30  have a concentration of alcohol of 0.10 or more in his blood or

49-31  breath;

49-32     (d) Is under the influence of a controlled substance or is under

49-33  the combined influence of intoxicating liquor and a controlled

49-34  substance;

49-35     (e) Inhales, ingests, applies or otherwise uses any chemical,

49-36  poison or organic solvent, or any compound or combination of any

49-37  of these, to a degree which renders him incapable of safely

49-38  operating or being in actual physical control of a vessel under power

49-39  or sail; or

49-40     (f) Has a prohibited substance in his blood or urine in an amount

49-41  that is equal to or greater than the amount set forth in subsection 3

49-42  of NRS 488.410,

49-43  and does any act or neglects any duty imposed by law while

49-44  operating or being in actual physical control of any vessel under

49-45  power or sail, if the act or neglect of duty proximately causes the

50-1  death of, or substantial bodily harm to, a person other than himself,

50-2  is guilty of a category B felony and shall be punished by

50-3  imprisonment in the state prison for a minimum term of not less

50-4  than 2 years and a maximum term of not more than 20 years and

50-5  shall be further punished by a fine of not less than $2,000 nor more

50-6  than $5,000. A person so imprisoned must, insofar as practicable, be

50-7  segregated from offenders whose crimes were violent and, insofar as

50-8  practicable, be assigned to an institution or facility of minimum

50-9  security.

50-10     2.  A prosecuting attorney shall not dismiss a charge of

50-11  violating the provisions of subsection 1 in exchange for a plea of

50-12  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

50-13  or for any other reason unless he knows or it is obvious that the

50-14  charge is not supported by probable cause or cannot be proved at the

50-15  time of trial. A sentence imposed pursuant to subsection 1 must not

50-16  be suspended, and probation must not be granted.

50-17     3.  If consumption is proven by a preponderance of the

50-18  evidence, it is an affirmative defense under paragraph (c) of

50-19  subsection 1 that the defendant consumed a sufficient quantity of

50-20  alcohol after operating or being in actual physical control of the

50-21  vessel under power or sail, and before his blood was tested, to cause

50-22  him to have a concentration of alcohol of 0.10 or more in his blood

50-23  or breath. A defendant who intends to offer this defense at a trial or

50-24  preliminary hearing must, not less than 14 days before the trial or

50-25  hearing or at such other time as the court may direct, file and serve

50-26  on the prosecuting attorney a written notice of that intent.

50-27     4.  If a person less than 15 years of age was in the vessel at the

50-28  time of the defendant’s violation, the court shall consider that fact as

50-29  an aggravating factor in determining the sentence of the defendant.

50-30     Sec. 55.  NRS 488.440 is hereby amended to read as follows:

50-31     488.440  1.  If a defendant pleads guilty [or guilty but

50-32  mentally ill to,] to or is found guilty of, a violation of NRS 488.410

50-33  or 488.420 and a chemical analysis of his blood, urine, breath or

50-34  other bodily substance was conducted, the court shall, in addition to

50-35  any penalty provided by law, order the defendant to pay the sum of

50-36  $60 as a fee for the chemical analysis. Except as otherwise provided

50-37  in this subsection, any money collected for the chemical analysis

50-38  must not be deducted from, and is in addition to, any fine otherwise

50-39  imposed by the court and must be:

50-40     (a) Collected from the defendant before or at the same time that

50-41  the fine is collected.

50-42     (b) Stated separately in the judgment of the court or on the

50-43  court’s docket.

50-44     2.  All money collected pursuant to subsection 1 must be paid

50-45  by the clerk of the court to the county or city treasurer, as

51-1  appropriate, on or before the fifth day of each month for the

51-2  preceding month.

51-3      3.  The treasurer shall deposit all money received by him

51-4  pursuant to subsection 2 in the county or city treasury, as

51-5  appropriate, for credit to the fund for forensic services created

51-6  pursuant to NRS 453.575. The money must be accounted for

51-7  separately within the fund.

51-8      4.  Except as otherwise provided in subsection 5, each month

51-9  the treasurer shall, from the money credited to the fund pursuant to

51-10  subsection 3, pay any amount owed for forensic services and deposit

51-11  any remaining money in the county or city general fund, as

51-12  appropriate.

51-13     5.  In counties that do not receive forensic services under a

51-14  contract with the State, the money credited to the fund pursuant to

51-15  subsection 3:

51-16     (a) Except as otherwise provided in paragraph (b), must be:

51-17         (1) Expended to pay for the chemical analyses performed

51-18  within the county;

51-19         (2) Expended to purchase and maintain equipment to conduct

51-20  such analyses;

51-21         (3) Expended for the training and continuing education of the

51-22  employees who conduct such analyses; and

51-23         (4) Paid to law enforcement agencies which conduct such

51-24  analyses to be used by those agencies in the manner provided in this

51-25  subsection.

51-26     (b) May only be expended to cover the costs of chemical

51-27  analyses conducted by, equipment used by or training for employees

51-28  of an analytical laboratory that is approved by the committee on

51-29  testing for intoxication created in NRS 484.388.

51-30     Sec. 56.  NRS 489.421 is hereby amended to read as follows:

51-31     489.421  The following grounds, among others, constitute

51-32  grounds for disciplinary action under NRS 489.381:

51-33     1.  Revocation or denial of a license issued pursuant to this

51-34  chapter or an equivalent license in any other state, territory or

51-35  country.

51-36     2.  Failure of the licensee to maintain any other license required

51-37  by any political subdivision of this state.

51-38     3.  Failure to respond to a notice served by the Division as

51-39  provided by law within the time specified in the notice.

51-40     4.  Failure to take the corrective action required in a notice of

51-41  violation issued pursuant to NRS 489.291.

51-42     5.  Failure or refusing to permit access by the Administrator to

51-43  documentary materials set forth in NRS 489.231.

52-1      6.  Disregarding or violating any order of the Administrator,

52-2  any agreement with the Division, or any provision of this chapter or

52-3  any regulation adopted under it.

52-4      7.  Conviction of a misdemeanor for violation of any of the

52-5  provisions of this chapter.

52-6      8.  Conviction of or entering a plea of guilty[, guilty but

52-7  mentally ill] or nolo contendere to a felony or a crime of moral

52-8  turpitude in this state or any other state, territory or country.

52-9      9.  Any other conduct that constitutes deceitful, fraudulent or

52-10  dishonest dealing.

52-11     Sec. 57.  NRS 616A.250 is hereby amended to read as follows:

52-12     616A.250  “Incarcerated” means confined in:

52-13     1.  Any local detention facility, county jail, state prison,

52-14  reformatory or other correctional facility as a result of a conviction

52-15  or a plea of guilty or nolo contendere in a criminal proceeding; or

52-16     2.  Any institution or facility for the mentally ill as a result

52-17  of a plea of not guilty by reason of insanity in a criminal

52-18  proceeding,

52-19  in this state, another state or a foreign country.

52-20     Sec. 58.  NRS 624.265 is hereby amended to read as follows:

52-21     624.265  1.  An applicant for a contractor’s license or a

52-22  licensed contractor and each officer, director, partner and associate

52-23  thereof must possess good character. Lack of character may be

52-24  established by showing that the applicant or licensed contractor, or

52-25  any officer, director, partner or associate thereof, has:

52-26     (a) Committed any act which would be grounds for the denial,

52-27  suspension or revocation of a contractor’s license;

52-28     (b) A bad reputation for honesty and integrity;

52-29     (c) Entered a plea of nolo contendere[, guilty] or guilty [but

52-30  mentally ill] to, been found guilty of or been convicted of a crime

52-31  arising out of, in connection with or related to the activities of such

52-32  person in such a manner as to demonstrate his unfitness to act as a

52-33  contractor, and the time for appeal has elapsed or the judgment of

52-34  conviction has been affirmed on appeal; or

52-35     (d) Had a license revoked or suspended for reasons that would

52-36  preclude the granting or renewal of a license for which the

52-37  application has been made.

52-38     2.  Upon the request of the Board, an applicant for a

52-39  contractor’s license, and any officer, director, partner or associate of

52-40  the applicant, must submit to the Board completed fingerprint cards

52-41  and a form authorizing an investigation of the applicant’s

52-42  background and the submission of his fingerprints to the Central

52-43  Repository for Nevada Records of Criminal History and the Federal

52-44  Bureau of Investigation. The fingerprint cards and authorization

52-45  form submitted must be those that are provided to the applicant by

53-1  the Board. The applicant’s fingerprints may be taken by an agent of

53-2  the Board or an agency of law enforcement.

53-3      3.  The Board shall keep the results of the investigation

53-4  confidential and not subject to inspection by the general public.

53-5      4.  The Board shall establish by regulation the fee for

53-6  processing the fingerprints to be paid by the applicant. The fee must

53-7  not exceed the sum of the amounts charged by the Central

53-8  Repository for Nevada Records of Criminal History and the Federal

53-9  Bureau of Investigation for processing the fingerprints.

53-10     5.  The Board may obtain records of a law enforcement agency

53-11  or any other agency that maintains records of criminal history,

53-12  including, without limitation, records of:

53-13     (a) Arrests;

53-14     (b) Guilty pleas;

53-15     (c) Sentencing;

53-16     (d) Probation;

53-17     (e) Parole;

53-18     (f) Bail;

53-19     (g) Complaints; and

53-20     (h) Final dispositions,

53-21  for the investigation of a licensee or an applicant for a contractor’s

53-22  license.

53-23     Sec. 59.  NRS 632.320 is hereby amended to read as follows:

53-24     632.320  The Board may deny, revoke or suspend any license

53-25  or certificate applied for or issued pursuant to this chapter, or take

53-26  other disciplinary action against a licensee or holder of a certificate,

53-27  upon determining that he:

53-28     1.  Is guilty of fraud or deceit in procuring or attempting to

53-29  procure a license or certificate pursuant to this chapter.

53-30     2.  Is guilty of a felony or any offense:

53-31     (a) Involving moral turpitude; or

53-32     (b) Related to the qualifications, functions or duties of a licensee

53-33  or holder of a certificate,

53-34  in which case the record of conviction is conclusive evidence

53-35  thereof.

53-36     3.  Has been convicted of violating any of the provisions of

53-37  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

53-38  inclusive.

53-39     4.  Is unfit or incompetent by reason of gross negligence or

53-40  recklessness in carrying out usual nursing functions.

53-41     5.  Uses any controlled substance, dangerous drug as defined in

53-42  chapter 454 of NRS, or intoxicating liquor to an extent or in a

53-43  manner which is dangerous or injurious to any other person or

53-44  which impairs his ability to conduct the practice authorized by his

53-45  license or certificate.

54-1      6.  Is mentally incompetent.

54-2      7.  Is guilty of unprofessional conduct, which includes, but is

54-3  not limited to, the following:

54-4      (a) Conviction of practicing medicine without a license in

54-5  violation of chapter 630 of NRS, in which case the record of

54-6  conviction is conclusive evidence thereof.

54-7      (b) Impersonating any applicant or acting as proxy for an

54-8  applicant in any examination required pursuant to this chapter for

54-9  the issuance of a license or certificate.

54-10     (c) Impersonating another licensed practitioner or holder of a

54-11  certificate.

54-12     (d) Permitting or allowing another person to use his license or

54-13  certificate to practice as a licensed practical nurse, registered nurse

54-14  or nursing assistant.

54-15     (e) Repeated malpractice, which may be evidenced by claims of

54-16  malpractice settled against him.

54-17     (f) Physical, verbal or psychological abuse of a patient.

54-18     (g) Conviction for the use or unlawful possession of a controlled

54-19  substance or dangerous drug as defined in chapter 454 of NRS.

54-20     8.  Has willfully or repeatedly violated the provisions of this

54-21  chapter. The voluntary surrender of a license or certificate issued

54-22  pursuant to this chapter is prima facie evidence that the licensee or

54-23  certificate holder has committed or expects to commit a violation of

54-24  this chapter.

54-25     9.  Is guilty of aiding or abetting any person in a violation of

54-26  this chapter.

54-27     10.  Has falsified an entry on a patient’s medical chart

54-28  concerning a controlled substance.

54-29     11.  Has falsified information which was given to a physician,

54-30  pharmacist, podiatric physician or dentist to obtain a controlled

54-31  substance.

54-32     12.  Has been disciplined in another state in connection with a

54-33  license to practice nursing or a certificate to practice as a nursing

54-34  assistant or has committed an act in another state which would

54-35  constitute a violation of this chapter.

54-36     13.  Has engaged in conduct likely to deceive, defraud or

54-37  endanger a patient or the general public.

54-38     14.  Has willfully failed to comply with a regulation, subpoena

54-39  or order of the Board.

54-40  For the purposes of this section, a plea or verdict of guilty [or guilty

54-41  but mentally ill] or a plea of nolo contendere constitutes a

54-42  conviction of an offense. The Board may take disciplinary action

54-43  pending the appeal of a conviction.

 

 

55-1      Sec. 60.  NRS 639.006 is hereby amended to read as follows:

55-2      639.006  “Conviction” means a plea or verdict of guilty [or

55-3  guilty but mentally ill] or a conviction following a plea of nolo

55-4  contendere to a charge of a felony, any offense involving moral

55-5  turpitude or any violation of the provisions of this chapter or chapter

55-6  453 or 454 of NRS.

55-7      Sec. 61.  NRS 645.330 is hereby amended to read as follows:

55-8      645.330  1.  Except as otherwise provided by specific statute,

55-9  the Division may approve an application for a license for a person

55-10  who meets all the following requirements:

55-11     (a) Has a good reputation for honesty, trustworthiness and

55-12  integrity and who offers proof of those qualifications satisfactory to

55-13  the Division.

55-14     (b) Has not made a false statement of material fact on his

55-15  application.

55-16     (c) Is competent to transact the business of a real estate broker,

55-17  broker‑salesman or salesman in a manner which will safeguard the

55-18  interests of the public.

55-19     (d) Has submitted the statement required pursuant to NRS

55-20  645.358 if the person is a natural person.

55-21     (e) Has passed the examination.

55-22     2.  The Division:

55-23     (a) May deny a license to any person who has been convicted of,

55-24  or entered a plea of guilty[, guilty but mentally ill] or nolo

55-25  contendere to, forgery, embezzlement, obtaining money under false

55-26  pretenses, larceny, extortion, conspiracy to defraud, engaging in a

55-27  real estate business without a license, possessing for the purpose of

55-28  sale any controlled substance or any crime involving moral

55-29  turpitude, in any court of competent jurisdiction in the United States

55-30  or elsewhere; and

55-31     (b) Shall not issue a license to such a person until at least 3 years

55-32  after:

55-33         (1) The person pays any fine or restitution ordered by the

55-34  court; or

55-35         (2) The expiration of the period of the person’s parole,

55-36  probation or sentence,

55-37  whichever is later.

55-38     3.  Suspension or revocation of a license pursuant to this

55-39  chapter or any prior revocation or current suspension in this or any

55-40  other state, district or territory of the United States or any foreign

55-41  country within 10 years before the date of the application is grounds

55-42  for refusal to grant a license.

55-43     4.  A person may not be licensed as a real estate broker unless

55-44  he has been actively engaged as a full-time licensed real estate

55-45  broker-salesman or salesman in this state, or actively engaged as a

56-1  full-time licensed real estate broker, broker-salesman or salesman in

56-2  another state or the District of Columbia, for at least 2 of the 4 years

56-3  immediately preceding the issuance of a broker’s license.

56-4      Sec. 62.  NRS 645.350 is hereby amended to read as follows:

56-5      645.350  1.  An application for a license as a real estate broker,

56-6  broker-salesman or salesman must be submitted in writing to the

56-7  Division upon blanks prepared or furnished by the Division.

56-8      2.  Every application for a real estate broker’s, broker-

56-9  salesman’s or salesman’s license must set forth the following

56-10  information:

56-11     (a) The name, age and address of the applicant. If the applicant

56-12  is a partnership or an association which is applying to do business as

56-13  a real estate broker, the application must contain the name and

56-14  address of each member thereof. If the application is for a

56-15  corporation which is applying to do business as a real estate

56-16  salesman, real estate broker-salesman or real estate broker, the

56-17  application must contain the name and address of each officer and

56-18  director thereof. If the applicant is a limited-liability company which

56-19  is applying to do business as a real estate broker, the company’s

56-20  articles of organization must designate a manager, and the name and

56-21  address of the manager and each member must be listed in the

56-22  application.

56-23     (b) In the case of a broker, the name under which the business is

56-24  to be conducted. The name is a fictitious name if it does not contain

56-25  the name of the applicant or the names of the members of the

56-26  applicant’s company, firm, partnership or association. Except as

56-27  otherwise provided in NRS 645.387, a license must not be issued

56-28  under a fictitious name which includes the name of a real estate

56-29  salesman or broker-salesman. A license must not be issued under the

56-30  same fictitious name to more than one licensee within the State. All

56-31  licensees doing business under a fictitious name shall comply with

56-32  other pertinent statutory regulations regarding the use of fictitious

56-33  names.

56-34     (c) In the case of a broker, the place or places, including the

56-35  street number, city and county, where the business is to be

56-36  conducted.

56-37     (d) If the applicant is a natural person, the social security

56-38  number of the applicant.

56-39     (e) The business or occupation engaged in by the applicant for at

56-40  least 2 years immediately preceding the date of the application, and

56-41  the location thereof.

56-42     (f) The time and place of the applicant’s previous experience in

56-43  the real estate business as a broker or salesman.

56-44     (g) Whether the applicant has ever been convicted of or is under

56-45  indictment for a felony or has entered a plea of guilty[, guilty but

57-1  mentally ill] or nolo contendere to a charge of felony, and if so, the

57-2  nature of the felony.

57-3      (h) Whether the applicant has been convicted of or entered a

57-4  plea of nolo contendere to forgery, embezzlement, obtaining money

57-5  under false pretenses, larceny, extortion, conspiracy to defraud,

57-6  engaging in the business of selling real estate without a license or

57-7  any crime involving moral turpitude.

57-8      (i) Whether the applicant has been refused a real estate broker’s,

57-9  broker-salesman’s or salesman’s license in any state, or whether his

57-10  license as a broker or salesman has been revoked or suspended by

57-11  any other state, district or territory of the United States or any other

57-12  country.

57-13     (j) If the applicant is a member of a limited-liability company,

57-14  partnership or association, or an officer of a corporation, the name

57-15  and address of the office of the limited-liability company,

57-16  partnership, association or corporation of which the applicant is a

57-17  member or officer.

57-18     3.  An applicant for a license as a broker-salesman or salesman

57-19  shall provide a verified statement from the broker with whom he

57-20  will be associated, expressing the intent of that broker to associate

57-21  the applicant with him and to be responsible for the applicant’s

57-22  activities as a licensee.

57-23     4.  If a limited-liability company, partnership or association is

57-24  to do business as a real estate broker, the application for a broker’s

57-25  license must be verified by at least two members thereof. If a

57-26  corporation is to do business as a real estate broker, the application

57-27  must be verified by the president and the secretary thereof.

57-28     Sec. 63.  NRS 645.350 is hereby amended to read as follows:

57-29     645.350  1.  Application for license as a real estate broker,

57-30  broker-salesman or salesman must be made in writing to the

57-31  Division upon blanks prepared or furnished by the Division.

57-32     2.  Every application for a real estate broker’s, broker-

57-33  salesman’s or salesman’s license must set forth the following

57-34  information:

57-35     (a) The name, age and address of the applicant. If the applicant

57-36  is a partnership or an association which is applying to do business as

57-37  a real estate broker, the application must contain the name and

57-38  address of each member thereof. If the application is for a

57-39  corporation which is applying to do business as a real estate

57-40  salesman, real estate broker-salesman or real estate broker, the

57-41  application must contain the name and address of each officer and

57-42  director thereof. If the applicant is a limited-liability company which

57-43  is applying to do business as a real estate broker, the company’s

57-44  articles of organization must designate a manager, and the name and

58-1  address of the manager and each member must be listed in the

58-2  application.

58-3      (b) In the case of a broker, the name under which the business is

58-4  to be conducted. The name is a fictitious name if it does not contain

58-5  the name of the applicant or the names of the members of the

58-6  applicant’s company, firm, partnership or association. Except as

58-7  otherwise provided in NRS 645.387, a license must not be issued

58-8  under a fictitious name which includes the name of a real estate

58-9  salesman or broker-salesman. A license must not be issued under the

58-10  same fictitious name to more than one licensee within the State. All

58-11  licensees doing business under a fictitious name shall comply with

58-12  other pertinent statutory regulations regarding the use of fictitious

58-13  names.

58-14     (c) In the case of a broker, the place or places, including the

58-15  street number, city and county, where the business is to be

58-16  conducted.

58-17     (d) The business or occupation engaged in by the applicant for

58-18  at least 2 years immediately preceding the date of the application,

58-19  and the location thereof.

58-20     (e) The time and place of the applicant’s previous experience in

58-21  the real estate business as a broker or salesman.

58-22     (f) Whether the applicant has ever been convicted of or is under

58-23  indictment for a felony or has entered a plea of guilty[, guilty but

58-24  mentally ill] or nolo contendere to a charge of felony, and if so, the

58-25  nature of the felony.

58-26     (g) Whether the applicant has been convicted of or entered a

58-27  plea of nolo contendere to forgery, embezzlement, obtaining money

58-28  under false pretenses, larceny, extortion, conspiracy to defraud,

58-29  engaging in the business of selling real estate without a license or

58-30  any crime involving moral turpitude.

58-31     (h) Whether the applicant has been refused a real estate broker’s,

58-32  broker-salesman’s or salesman’s license in any state, or whether his

58-33  license as a broker or salesman has been revoked or suspended by

58-34  any other state, district or territory of the United States or any other

58-35  country.

58-36     (i) If the applicant is a member of a limited-liability company,

58-37  partnership or association, or an officer of a corporation, the name

58-38  and address of the office of the limited-liability company,

58-39  partnership, association or corporation of which the applicant is a

58-40  member or officer.

58-41     3.  An applicant for a license as a broker-salesman or salesman

58-42  shall provide a verified statement from the broker with whom he

58-43  will be associated, expressing the intent of that broker to associate

58-44  the applicant with him and to be responsible for the applicant’s

58-45  activities as a licensee.

59-1      4.  If a limited-liability company, partnership or association is

59-2  to do business as a real estate broker, the application for a broker’s

59-3  license must be verified by at least two members thereof. If a

59-4  corporation is to do business as a real estate broker, the application

59-5  must be verified by the president and the secretary thereof.

59-6      Sec. 64.  NRS 645.633 is hereby amended to read as follows:

59-7      645.633  1.  The Commission may take action pursuant to

59-8  NRS 645.630 against any person subject to that section who is

59-9  guilty of:

59-10     (a) Willfully using any trade name, service mark or insigne of

59-11  membership in any real estate organization of which the licensee is

59-12  not a member, without the legal right to do so.

59-13     (b) Violating any order of the Commission, any agreement with

59-14  the Division, any of the provisions of this chapter, chapter 116, 119,

59-15  119A, 119B, 645A or 645C of NRS or any regulation adopted

59-16  thereunder.

59-17     (c) Paying a commission, compensation or a finder’s fee to any

59-18  person for performing the services of a broker, broker-salesman or

59-19  salesman who has not secured his license pursuant to this chapter.

59-20  This subsection does not apply to payments to a broker who is

59-21  licensed in his state of residence.

59-22     (d) A felony, or has entered a plea of guilty[, guilty but

59-23  mentally ill] or nolo contendere to a charge of felony or any crime

59-24  involving fraud, deceit, misrepresentation or moral turpitude.

59-25     (e) Guaranteeing, or having authorized or permitted any person

59-26  to guarantee, future profits which may result from the resale of real

59-27  property.

59-28     (f) Failure to include a fixed date of expiration in any written

59-29  brokerage agreement or to leave a copy of the brokerage agreement

59-30  with the client.

59-31     (g) Accepting, giving or charging any undisclosed commission,

59-32  rebate or direct profit on expenditures made for a client.

59-33     (h) Gross negligence or incompetence in performing any act for

59-34  which he is required to hold a license pursuant to this chapter,

59-35  chapter 119, 119A or 119B of NRS.

59-36     (i) Any other conduct which constitutes deceitful, fraudulent or

59-37  dishonest dealing.

59-38     (j) Any conduct which took place before he became licensed,

59-39  which was in fact unknown to the Division and which would have

59-40  been grounds for denial of a license had the Division been aware of

59-41  the conduct.

59-42     (k) Knowingly permitting any person whose license has been

59-43  revoked or suspended to act as a real estate broker, broker-salesman

59-44  or salesman, with or on behalf of the licensee.

60-1      (l) Recording or causing to be recorded a claim pursuant to the

60-2  provisions of NRS 645.8701 to 645.8811, inclusive, that is

60-3  determined by a district court to be frivolous and made without

60-4  reasonable cause pursuant to NRS 645.8791.

60-5      2.  The Commission may take action pursuant to NRS 645.630

60-6  against a person who is subject to that section for the suspension or

60-7  revocation of a real estate broker’s, broker-salesman’s or salesman’s

60-8  license issued to him by any other jurisdiction.

60-9      3.  The Commission may take action pursuant to NRS 645.630

60-10  against any person who:

60-11     (a) Holds a permit to engage in property management issued

60-12  pursuant to NRS 645.6052; and

60-13     (b) In connection with any property for which the person has

60-14  obtained a written brokerage agreement to manage the property

60-15  pursuant to NRS 645.6056:

60-16         (1) Is convicted of violating any of the provisions of

60-17  NRS 202.470;

60-18         (2) Has been notified in writing by the appropriate

60-19  governmental agency of a potential violation of NRS 244.360,

60-20  244.3603 or 268.4124, and has failed to inform the owner of the

60-21  property of such notification; or

60-22         (3) Has been directed in writing by the owner of the property

60-23  to correct a potential violation of NRS 244.360, 244.3603 or

60-24  268.4124, and has failed to correct the potential violation, if such

60-25  corrective action is within the scope of the person’s duties pursuant

60-26  to the written brokerage agreement.

60-27     4.  The Division shall maintain a log of any complaints that it

60-28  receives relating to activities for which the Commission may take

60-29  action against a person holding a permit to engage in property

60-30  management pursuant to subsection 3.

60-31     5.  On or before February 1 of each odd-numbered year, the

60-32  Division shall submit to the Director of the Legislative Counsel

60-33  Bureau a written report setting forth, for the previous biennium:

60-34     (a) Any complaints included in the log maintained by the

60-35  Division pursuant to subsection 4; and

60-36     (b) Any disciplinary actions taken by the Commission pursuant

60-37  to subsection 3.

60-38     Sec. 65.  NRS 645C.290 is hereby amended to read as follows:

60-39     645C.290  An application for a certificate or license must be in

60-40  writing upon a form prepared and furnished by the Division. The

60-41  application must include the following information:

60-42     1.  The name, age and address of the applicant.

60-43     2.  The place or places, including the street number, city and

60-44  county, where the applicant intends to conduct business as an

60-45  appraiser.

61-1      3.  The business, occupation or other employment of the

61-2  applicant during the 5 years immediately preceding the date of the

61-3  application, and the location thereof.

61-4      4.  The periods during which, and the locations where, he

61-5  gained his experience as an intern.

61-6      5.  Whether the applicant has ever been convicted of, is under

61-7  indictment for, or has entered a plea of guilty[, guilty but mentally

61-8  ill] or nolo contendere to:

61-9      (a) A felony, and if so, the nature of the felony.

61-10     (b) Forgery, embezzlement, obtaining money under false

61-11  pretenses, larceny, extortion, conspiracy to defraud or any crime

61-12  involving moral turpitude.

61-13     6.  Whether the applicant has ever been refused a certificate,

61-14  license or permit to act as an appraiser, or has ever had such a

61-15  certificate, license or permit suspended or revoked, in any other

61-16  jurisdiction.

61-17     7.  If the applicant is a member of a partnership or association

61-18  or is an officer of a corporation, the name and address of the

61-19  principal office of the partnership, association or corporation.

61-20     8.  Any other information the Division requires.

61-21     Sec. 66.  NRS 645C.320 is hereby amended to read as follows:

61-22     645C.320  1.  The Administrator shall issue a certificate or

61-23  license, as appropriate, to any person:

61-24     (a) Of good moral character, honesty and integrity;

61-25     (b) Who meets the educational requirements and has the

61-26  experience prescribed in NRS 645C.330;

61-27     (c) Who submits the statement required pursuant to NRS

61-28  645C.295; and

61-29     (d) Who, except as otherwise provided in NRS 645C.360, has

61-30  satisfactorily passed a written examination approved by the

61-31  Commission.

61-32     2.  The Administrator may deny an application for a certificate

61-33  or license to any person who:

61-34     (a) Has been convicted of, or entered a plea of guilty[, guilty

61-35  but mentally ill] or nolo contendere to, forgery, embezzlement,

61-36  obtaining money under false pretenses, larceny, extortion,

61-37  conspiracy to defraud or any crime involving moral turpitude;

61-38     (b) Makes a false statement of a material fact on his application;

61-39  or

61-40     (c) Has had a certificate, license or registration card suspended

61-41  or revoked pursuant to this chapter, or a certificate, license or permit

61-42  to act as an appraiser suspended or revoked in any other jurisdiction,

61-43  within the 10 years immediately preceding the date of his

61-44  application.

 

62-1      Sec. 67.  NRS 645C.320 is hereby amended to read as follows:

62-2      645C.320  1.  The Administrator shall issue a certificate or

62-3  license, as appropriate, to any person:

62-4      (a) Of good moral character, honesty and integrity;

62-5      (b) Who meets the educational requirements and has the

62-6  experience prescribed in NRS 645C.330; and

62-7      (c) Who, except as otherwise provided in NRS 645C.360, has

62-8  satisfactorily passed a written examination approved by the

62-9  Commission.

62-10     2.  The Administrator may deny an application for a certificate

62-11  or license to any person who:

62-12     (a) Has been convicted of, or entered a plea of guilty[, guilty

62-13  but mentally ill] or nolo contendere to, forgery, embezzlement,

62-14  obtaining money under false pretenses, larceny, extortion,

62-15  conspiracy to defraud or any crime involving moral turpitude;

62-16     (b) Makes a false statement of a material fact on his application;

62-17  or

62-18     (c) Has had a certificate, license or registration card suspended

62-19  or revoked pursuant to this chapter, or a certificate, license or permit

62-20  to act as an appraiser suspended or revoked in any other jurisdiction,

62-21  within the 10 years immediately preceding the date of his

62-22  application.

62-23     Sec. 68.  NRS 690B.029 is hereby amended to read as follows:

62-24     690B.029  1.  A policy of insurance against liability arising

62-25  out of the ownership, maintenance or use of a motor vehicle

62-26  delivered or issued for delivery in this state to a person who is 55

62-27  years of age or older must contain a provision for the reduction in

62-28  the premiums for 3-year periods if the insured:

62-29     (a) Successfully completes, after attaining 55 years of age and

62-30  every 3 years thereafter, a course of traffic safety approved by the

62-31  Department of Motor Vehicles; and

62-32     (b) For the 3-year period before completing the course of traffic

62-33  safety and each 3-year period thereafter:

62-34         (1) Is not involved in an accident involving a motor vehicle

62-35  for which the insured is at fault;

62-36         (2) Maintains a driving record free of violations; and

62-37         (3) Has not been convicted of or entered a plea of guilty[,

62-38  guilty but mentally ill] or nolo contendere to a moving traffic

62-39  violation or an offense involving:

62-40             (I) The operation of a motor vehicle while under the

62-41  influence of intoxicating liquor or a controlled substance; or

62-42             (II) Any other conduct prohibited by NRS 484.379 or

62-43  484.3795 or a law of any other jurisdiction that prohibits the same or

62-44  similar conduct.

63-1      2.  The reduction in the premiums provided for in subsection 1

63-2  must be based on the actuarial and loss experience data available to

63-3  each insurer and must be approved by the Commissioner. Each

63-4  reduction must be calculated based on the amount of the premium

63-5  before any reduction in that premium is made pursuant to this

63-6  section, and not on the amount of the premium once it has been

63-7  reduced.

63-8      3.  A course of traffic safety that an insured is required to

63-9  complete as the result of moving traffic violations must not be used

63-10  as the basis for a reduction in premiums pursuant to this section.

63-11     4.  The organization that offers a course of traffic safety

63-12  approved by the Department of Motor Vehicles shall issue a

63-13  certificate to each person who successfully completes the course. A

63-14  person must use the certificate to qualify for the reduction in the

63-15  premiums pursuant to this section.

63-16     5.  The Commissioner shall review and approve or disapprove a

63-17  policy of insurance that offers a reduction in the premiums pursuant

63-18  to subsection 1. An insurer must receive written approval from the

63-19  commissioner before delivering or issuing a policy with a provision

63-20  containing such a reduction.

63-21     Sec. 69.  NRS 174.041, 176.127 and 176.129 are hereby

63-22  repealed.

63-23     Sec. 70.  The Legislative Counsel shall, in preparing the reprint

63-24  and supplements to the Nevada Revised Statutes, remove or

63-25  appropriately change any references to “guilty but mentally ill.”

63-26     Sec. 71.  1.  This section and sections 1 to 61, inclusive, 64,

63-27  65, 68, 69 and 70 of this act become effective on July 1, 2003.

63-28     2.  Sections 62 and 66 of this act become effective on July 1,

63-29  2003, and expire by limitation on the date of the repeal of the

63-30  federal law requiring each state to establish procedures for

63-31  withholding, suspending and restricting the professional,

63-32  occupational and recreational licenses for child support arrearages

63-33  and for noncompliance with certain processes relating to paternity or

63-34  child support proceedings.

63-35     3.  Sections 63 and 67 of this act become effective on the date

63-36  of the repeal of the federal law requiring each state to establish

63-37  procedures for withholding, suspending and restricting the

63-38  professional, occupational and recreational licenses for child support

63-39  arrearages and for noncompliance with certain processes relating to

63-40  paternity or child support proceedings.

 

64-1  TEXT OF REPEALED SECTIONS

 

64-2      174.041  Plea of guilty but mentally ill: Hearing;

64-3   examination of defendant and testimony; plea is not defense to

64-4   offense charged; acceptance of plea.

64-5      1.  If a plea of guilty but mentally ill is entered by a defendant,

64-6   the court shall hold a hearing within a reasonable time to determine

64-7   whether the defendant was mentally ill at the time of the

64-8   commission of the alleged offense to which the plea is entered.

64-9      2.  The court may order the examination of the defendant or

64-10   receive the testimony of any expert witness offered by the

64-11   defendant or the prosecuting attorney, or both.

64-12     3.  At the hearing, the court shall advise the defendant that a

64-13   plea of guilty but mentally ill is a plea of guilty and not a defense to

64-14   the alleged offense.

64-15     4.  The court shall accept the plea of guilty but mentally ill only

64-16   if it determines that the defendant was mentally ill at the time of the

64-17   alleged offense to which the plea is entered.

64-18     176.127  Determination of mental condition of defendant;

64-19   treatment if defendant mentally ill at time of sentencing.

64-20     1.  If a court accepts a plea of guilty but mentally ill pursuant to

64-21   NRS 174.041, the court shall, before imposing sentence, afford the

64-22   defendant an opportunity to present evidence of his present mental

64-23   condition. If the defendant claims that he is mentally ill at the time

64-24   of sentencing, the burden of proof is upon the defendant to establish

64-25   that fact by a preponderance of the evidence.

64-26     2.  If the defendant has been ordered to the custody of the

64-27   Department of Corrections, the court may order the Department to

64-28   cause an examination of the defendant to be conducted to determine

64-29   his mental condition, and may receive the evidence of any expert

64-30   witness offered by the defendant or the prosecuting attorney.

64-31     3.  If the court finds:

64-32     (a) That the defendant is not mentally ill at the time of

64-33   sentencing, it shall impose any sentence that it is authorized to

64-34   impose upon a defendant who pleads or is found guilty of the same

64-35   offense.

64-36     (b) By a preponderance of the evidence that the defendant is

64-37   mentally ill at the time of sentencing, it shall impose any sentence

64-38   that it is authorized to impose upon a defendant who pleads or is

64-39   found guilty of the same offense and include in that sentence an

64-40   order that the defendant, during the period of his confinement or

65-1  probation, be given such treatment as is available for his mental

65-2  illness if the court determines that the relative risks and benefits of

65-3   the available treatment are such that a reasonable person would

65-4   consent to such treatment. The treatment must be provided by the

65-5   Department of Corrections.

65-6      176.129  Final judgment of guilty but mentally ill deemed

65-7   judgment of guilty.  Except for the purposes of NRS 176.127, a

65-8   final judgment of guilty but mentally ill shall be deemed to be a

65-9   final judgment of guilty.

 

65-10  H