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  plea of not guilty by reason of insanity must be entered not less

3-24  than 21 days before the date set for trial. A defendant who has not

3-25  so pleaded may offer the defense of insanity during trial upon

3-26  good cause shown. Under such a plea or defense, the burden of

3-27  proof is upon the defendant to establish his insanity by a

3-28  preponderance of the evidence.

3-29      5.  If a defendant refuses to plead[,] or if the court refuses to

3-30  accept a plea of guilty [or guilty but mentally ill] or if a defendant

3-31  corporation fails to appear, the court shall enter a plea of not guilty.

3-32      6.  A defendant may not enter a plea of guilty [or guilty but

3-33  mentally ill] pursuant to a plea bargain for an offense punishable as

3-34  a felony for which:

3-35      (a) Probation is not allowed; or

3-36      (b) The maximum prison sentence is more than 10

3-37  years,

3-38  unless the plea bargain is set forth in writing and signed by the

3-39  defendant, the defendant’s attorney, if he is represented by counsel,

3-40  and the prosecuting attorney.

3-41      Sec. 5.  NRS 174.055 is hereby amended to read as follows:

3-42      174.055  In the justice’s court, if the defendant pleads guilty ,

3-43  [or guilty but mentally ill,] the court may, before entering such a

3-44  plea or pronouncing judgment, examine witnesses to ascertain the

3-45  gravity of the offense committed. If it appears to the court that a

4-1  higher offense has been committed than the offense charged in the

4-2  complaint, the court may order the defendant to be committed or

4-3  admitted to bail[,] or to answer any indictment that may be found

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

4-5  attorney.

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

4-7  174.061  1.  If a prosecuting attorney enters into an agreement

4-8  with a defendant in which the defendant agrees to testify against

4-9  another defendant in exchange for a plea of guilty[, guilty but

4-10  mentally ill] or nolo contendere to a lesser charge or for a

4-11  recommendation of a reduced sentence, the agreement:

4-12      (a) Is void if the defendant’s testimony is false.

4-13      (b) Must be in writing and include a statement that the

4-14  agreement is void if the defendant’s testimony is false.

4-15      2.  A prosecuting attorney shall not enter into an agreement

4-16  with a defendant which:

4-17      (a) Limits the testimony of the defendant to a predetermined

4-18  formula.

4-19      (b) Is contingent on the testimony of the defendant contributing

4-20  to a specified conclusion.

4-21      Sec. 7.  NRS 174.065 is hereby amended to read as follows:

4-22      174.065  Except as otherwise provided in NRS 174.061:

4-23      1.  On a plea of guilty [or guilty but mentally ill] to an

4-24  information or indictment accusing a defendant of a crime divided

4-25  into degrees, when consented to by the prosecuting attorney in open

4-26  court and approved by the court, the plea may specify the degree,

4-27  and in such event the defendant shall not be punished for a higher

4-28  degree than that specified in the plea.

4-29      2.  On a plea of guilty [or guilty but mentally ill] to an

4-30  indictment or information for murder of the first degree, when

4-31  consented to by the prosecuting attorney in open court and approved

4-32  by the court, the plea may specify a punishment less than death. The

4-33  specified punishment, or any lesser punishment, may be imposed by

4-34  a single judge.

4-35      Sec. 8.  NRS 174.075 is hereby amended to read as follows:

4-36      174.075  1.  Pleadings in criminal proceedings are the

4-37  indictment, the information and, in justice’s court, the complaint,

4-38  and the pleas of guilty, [guilty but mentally ill,] not guilty and nolo

4-39  contendere.

4-40      2.  All other pleas, and demurrers and motions to quash are

4-41  abolished, and defenses and objections raised before trial which

4-42  could have been raised by one or more of them may be raised only

4-43  by motion to dismiss or to grant appropriate relief, as provided in

4-44  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 forensic facility for detention

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

5-11      (b) Order the examination of the person by two psychiatrists,

5-12  two psychologists, or one psychiatrist and one psychologist who

5-13  are employed by a division facility; and

5-14      (c) At a hearing in open court, receive the report of the

5-15  examining advisers and allow counsel for the State and for the

5-16  person to examine the advisers, introduce other evidence and

5-17  cross-examine witnesses.

5-18      2.  If the court finds, after the hearing:

5-19      (a) That there is not clear and convincing evidence that the

5-20  person is a mentally ill person, the court must order his discharge;

5-21  or

5-22      (b) That there is clear and convincing evidence that the person

5-23  is a mentally ill person, the court must order that he be committed

5-24  to the custody of the Administrator of the Division of Mental

5-25  Health and Developmental Services of the Department of Human

5-26  Resources until he is regularly discharged therefrom in

5-27  accordance with law.

5-28  The court shall issue its finding within 90 days after the defendant

5-29  is acquitted.

5-30      3.  The Administrator shall make the same reports and the

5-31  court shall proceed in the same manner in the case of a person

5-32  committed to the custody of the Division of Mental Health and

5-33  Developmental Services pursuant to this section as of a person

5-34  committed because he is incompetent to stand trial pursuant to

5-35  NRS 178.400 to 178.460, inclusive, except that the determination

5-36  to be made by the Administrator and the district judge on the

5-37  question of release is whether the person has recovered from his

5-38  mental illness or has improved to such an extent that he is no

5-39  longer a mentally ill person.

5-40      4.  As used in this section, unless the context otherwise

5-41  requires:

5-42      (a) “Division facility” has the meaning ascribed to it in NRS

5-43  433.094.

5-44      (b) “Forensic facility” means a secure facility of the Division

5-45  of Mental Health and Developmental Services of the Department

6-1  of Human Resources for mentally disordered offenders and

6-2  defendants. The term includes, without limitation, Lakes Crossing

6-3  Center.

6-4  (c) “Mentally ill person” has the meaning ascribed to it in

6-5  NRS 433A.115.

6-6  Sec. 10.  NRS 175.282 is hereby amended to read as follows:

6-7  175.282  If a prosecuting attorney enters into an agreement with

6-8  a defendant in which the defendant agrees to testify against another

6-9  defendant in exchange for a plea of guilty[, guilty but mentally ill]

6-10  or nolo contendere to a lesser charge or for a recommendation of a

6-11  reduced sentence , the court shall:

6-12      1.  After excising any portion it deems irrelevant or prejudicial,

6-13  permit the jury to inspect the agreement;

6-14      2.  If the defendant who is testifying has not entered his plea or

6-15  been sentenced pursuant to the agreement, instruct the jury

6-16  regarding the possible related pressures on the defendant by

6-17  providing the jury with an appropriate cautionary instruction; and

6-18      3.  Allow the defense counsel to cross-examine fully the

6-19  defendant who is testifying concerning the agreement.

6-20      Sec. 11.  NRS 175.552 is hereby amended to read as follows:

6-21      175.552  1.  Except as otherwise provided in subsection 2, in

6-22  every case in which there is a finding that a defendant is guilty of

6-23  murder of the first degree, whether or not the death penalty is

6-24  sought, the court shall conduct a separate penalty hearing. The

6-25  separate penalty hearing must be conducted as follows:

6-26      (a) If the finding is made by a jury, the separate penalty hearing

6-27  must be conducted in the trial court before the trial jury, as soon as

6-28  practicable.

6-29      (b) If the finding is made upon a plea of guilty [or guilty but

6-30  mentally ill] or a trial without a jury and the death penalty is sought,

6-31  the separate penalty hearing must be conducted before a panel of

6-32  three district judges, as soon as practicable.

6-33      (c) If the finding is made upon a plea of guilty [or guilty but

6-34  mentally ill] or a trial without a jury and the death penalty is not

6-35  sought, the separate penalty hearing must be conducted before the

6-36  judge who conducted the trial or who accepted the plea[,] of guilty,

6-37  as soon as practicable.

6-38      2.  In a case in which the death penalty is not sought, the parties

6-39  may by stipulation waive the separate penalty hearing required in

6-40  subsection 1. When stipulating to such a waiver, the parties may

6-41  also include an agreement to have the sentence, if any, imposed by

6-42  the trial judge. Any stipulation pursuant to this subsection must be

6-43  in writing and signed by the defendant, his attorney, if any, and the

6-44  prosecuting attorney.

7-1  3.  In the hearing, evidence may be presented concerning

7-2  aggravating and mitigating circumstances relative to the offense,

7-3  defendant or victim and on any other matter which the court deems

7-4  relevant to sentence, whether or not the evidence is ordinarily

7-5  admissible. Evidence may be offered to refute hearsay matters. No

7-6  evidence which was secured in violation of the Constitution of the

7-7  United States or the Constitution of the State of Nevada may be

7-8  introduced. The State may introduce evidence of additional

7-9  aggravating circumstances as set forth in NRS 200.033, other than

7-10  the aggravated nature of the offense itself, only if it has been

7-11  disclosed to the defendant before the commencement of the penalty

7-12  hearing.

7-13      4.  In a case in which the death penalty is not sought, the jury or

7-14  the trial judge shall determine whether the defendant should be

7-15  sentenced to life with the possibility of parole or life without the

7-16  possibility of parole.

7-17      Sec. 12.  NRS 175.558 is hereby amended to read as follows:

7-18      175.558  When any person is convicted of murder of the first

7-19  degree upon a plea of guilty [or guilty but mentally ill,] or a trial

7-20  without a jury[,] and the death penalty is sought, the Supreme Court

7-21  shall appoint two district judges from judicial districts other than the

7-22  district in which the plea is made, who shall with the district judge

7-23  before whom the plea is made, or his successor in office, conduct

7-24  the required penalty hearing to determine the presence of

7-25  aggravating and mitigating circumstances, and give sentence

7-26  accordingly. A sentence of death may be given only by unanimous

7-27  vote of the three judges, but any other sentence may be given by the

7-28  vote of a majority.

7-29      Sec. 13.  NRS 176.059 is hereby amended to read as follows:

7-30      176.059  1.  Except as otherwise provided in subsection 2,

7-31  when a defendant pleads guilty [or guilty but mentally ill] or is

7-32  found guilty of a misdemeanor, including the violation of any

7-33  municipal ordinance, the justice or judge shall include in the

7-34  sentence the sum prescribed by the following schedule as an

7-35  administrative assessment and render a judgment against the

7-36  defendant for the assessment:

 

7-37         Fine                                           Assessment

7-38  $5 to $49........................................ $15

7-39  50 to 59............................................. 30

7-40  60 to 69............................................. 35

7-41  70 to 79............................................. 40

7-42  80 to 89............................................. 45

7-43  90 to 99............................................. 50

7-44  100 to 199........................................ 60

8-1  200 to 299....................................... $70

8-2  300 to 399......................................... 80

8-3  400 to 499......................................... 90

8-4  500 to 1,000.................................... 105

 

8-5  2.  The provisions of subsection 1 do not apply to:

8-6  (a) An ordinance regulating metered parking; or

8-7  (b) An ordinance which is specifically designated as imposing a

8-8  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

8-9  3.  The money collected for an administrative assessment must

8-10  not be deducted from the fine imposed by the justice or judge but

8-11  must be taxed against the defendant in addition to the fine. The

8-12  money collected for an administrative assessment must be stated

8-13  separately on the court’s docket and must be included in the amount

8-14  posted for bail. If the defendant is found not guilty or the charges

8-15  are dismissed, the money deposited with the court must be returned

8-16  to the defendant. If the justice or judge cancels a fine because the

8-17  fine has been determined to be uncollectible, any balance of the fine

8-18  and the administrative assessment remaining unpaid shall be

8-19  deemed to be uncollectible and the defendant is not required to pay

8-20  it. If a fine is determined to be uncollectible, the defendant is not

8-21  entitled to a refund of the fine or administrative assessment he has

8-22  paid and the justice or judge shall not recalculate the administrative

8-23  assessment.

8-24      4.  If the justice or judge permits the fine and administrative

8-25  assessment to be paid in installments, the payments must be first

8-26  applied to the unpaid balance of the administrative assessment. The

8-27  city treasurer shall distribute partially collected administrative

8-28  assessments in accordance with the requirements of subsection 5.

8-29  The county treasurer shall distribute partially collected

8-30  administrative assessments in accordance with the requirements of

8-31  subsection 6.

8-32      5.  The money collected for administrative assessments in

8-33  municipal court must be paid by the clerk of the court to the city

8-34  treasurer on or before the fifth day of each month for the preceding

8-35  month. The city treasurer shall distribute, on or before the 15th day

8-36  of that month, the money received in the following amounts for each

8-37  assessment received:

8-38      (a) Two dollars to the county treasurer for credit to a special

8-39  account in the county general fund for the use of the county’s

8-40  juvenile court or for services to juvenile offenders. Any money

8-41  remaining in the special account after 2 fiscal years must be

8-42  deposited in the county general fund if it has not been committed for

8-43  expenditure. The county treasurer shall provide, upon request by a

9-1  juvenile court, monthly reports of the revenue credited to and

9-2  expenditures made from the special account.

9-3  (b) Seven dollars for credit to a special revenue fund for the use

9-4  of the municipal courts. Any money remaining in the special

9-5  revenue fund after 2 fiscal years must be deposited in the municipal

9-6  general fund if it has not been committed for expenditure. The city

9-7  treasurer shall provide, upon request by a municipal court, monthly

9-8  reports of the revenue credited to and expenditures made from the

9-9  special revenue fund.

9-10      (c) The remainder of each assessment to the State Controller for

9-11  credit to a special account in the State General Fund.

9-12      6.  The money collected for administrative assessments in

9-13  justices’ courts must be paid by the clerk of the court to the county

9-14  treasurer on or before the fifth day of each month for the preceding

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

9-16  day of that month, the money received in the following amounts for

9-17  each assessment received:

9-18      (a) Two dollars for credit to a special account in the county

9-19  general fund for the use of the county’s juvenile court or for services

9-20  to juvenile offenders. Any money remaining in the special account

9-21  after 2 fiscal years must be deposited in the county general fund if it

9-22  has not been committed for expenditure. The county treasurer shall

9-23  provide, upon request by a juvenile court, monthly reports of the

9-24  revenue credited to and expenditures made from the special account.

9-25      (b) Seven dollars for credit to a special revenue fund for the use

9-26  of the justices’ courts. Any money remaining in the special revenue

9-27  fund after 2 fiscal years must be deposited in the county general

9-28  fund if it has not been committed for expenditure. The county

9-29  treasurer shall provide, upon request by a justice’s court, monthly

9-30  reports of the revenue credited to and expenditures made from the

9-31  special revenue fund.

9-32      (c) The remainder of each assessment to the State Controller for

9-33  credit to a special account in the State General Fund.

9-34      7.  The money apportioned to a juvenile court, a justice’s court

9-35  or a municipal court pursuant to this section must be used, in

9-36  addition to providing services to juvenile offenders in the juvenile

9-37  court, to improve the operations of the court, or to acquire

9-38  appropriate advanced technology or the use of such technology, or

9-39  both. Money used to improve the operations of the court may

9-40  include expenditures for:

9-41      (a) Training and education of personnel;

9-42      (b) Acquisition of capital goods;

9-43      (c) Management and operational studies; or

9-44      (d) Audits.

10-1      8.  Of the total amount deposited in the State General Fund

10-2  pursuant to subsections 5 and 6, the State Controller shall distribute

10-3  the money received to the following public agencies in the

10-4  following manner:

10-5      (a) Not less than 51 percent to the Office of the Court

10-6  Administrator for allocation as follows:

10-7          (1) Eighteen and one-half percent of the amount distributed

10-8  to the Office of the Court Administrator for the administration of the

10-9  courts.

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

10-11  the Court Administrator for the development of a uniform system

10-12  for judicial records.

10-13         (3) Nine percent of the amount distributed to the Office

10-14  of the Court Administrator for continuing judicial education.

10-15         (4) Sixty percent of the amount distributed to the Office of

10-16  the Court Administrator for the Supreme Court.

10-17         (5) Three and one-half percent of the amount distributed to

10-18  the Office of the Court Administrator for the payment for the

10-19  services of retired justices and retired district judges.

10-20     (b) Not more than 49 percent must be used to the extent of

10-21  legislative authorization for the support of:

10-22         (1) The Central Repository for Nevada Records of Criminal

10-23  History;

10-24         (2) The Peace Officers’ Standards and Training Commission;

10-25         (3) The operation by the Nevada Highway Patrol of a

10-26  computerized switching system for information related to law

10-27  enforcement;

10-28         (4) The Fund for the Compensation of Victims of Crime; and

10-29         (5) The Advisory Council for Prosecuting Attorneys.

10-30     9.  As used in this section, “juvenile court” means:

10-31     (a) In any judicial district that includes a county whose

10-32  population is 100,000 or more, the family division of the district

10-33  court; or

10-34     (b) In any other judicial district, the juvenile division of the

10-35  district court.

10-36     Sec. 14.  NRS 176.0611 is hereby amended to read as follows:

10-37     176.0611  1.  A county or a city, upon recommendation of the

10-38  appropriate court, may, by ordinance, authorize the justices or

10-39  judges of the justices’ or municipal courts within its jurisdiction to

10-40  impose for not longer than 25 years, in addition to an administrative

10-41  assessment imposed pursuant to NRS 176.059, an administrative

10-42  assessment for the provision of court facilities.

10-43     2.  Except as otherwise provided in subsection 3, in any

10-44  jurisdiction in which an administrative assessment for the provision

10-45  of court facilities has been authorized, when a defendant pleads

11-1  guilty [or guilty but mentally ill] or is found guilty of a

11-2  misdemeanor, including the violation of any municipal ordinance,

11-3  the justice or judge shall include in the sentence the sum of $10 as

11-4  an administrative assessment for the provision of court facilities and

11-5  render a judgment against the defendant for the assessment.

11-6      3.  The provisions of subsection 2 do not apply to:

11-7      (a) An ordinance regulating metered parking; or

11-8      (b) An ordinance that is specifically designated as imposing a

11-9  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

11-10     4.  The money collected for an administrative assessment for

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

11-12  imposed by the justice or judge but must be taxed against the

11-13  defendant in addition to the fine. The money collected for such an

11-14  administrative assessment must be stated separately on the court’s

11-15  docket and must be included in the amount posted for bail. If the

11-16  defendant is found not guilty or the charges are dismissed, the

11-17  money deposited with the court must be returned to the defendant. If

11-18  the justice or judge cancels a fine because the fine has been

11-19  determined to be uncollectible, any balance of the fine and the

11-20  administrative assessment remaining unpaid shall be deemed to be

11-21  uncollectible and the defendant is not required to pay it. If a fine is

11-22  determined to be uncollectible, the defendant is not entitled to a

11-23  refund of the fine or administrative assessment he has paid and the

11-24  justice or judge shall not recalculate the administrative assessment.

11-25     5.  If the justice or judge permits the fine and administrative

11-26  assessment for the provision of court facilities to be paid in

11-27  installments, the payments must be applied in the following order:

11-28     (a) To pay the unpaid balance of an administrative assessment

11-29  imposed pursuant to NRS 176.059;

11-30     (b) To pay the unpaid balance of an administrative assessment

11-31  for the provision of court facilities pursuant to this section; and

11-32     (c) To pay the fine.

11-33     6.  The money collected for administrative assessments for the

11-34  provision of court facilities in municipal courts must be paid by the

11-35  clerk of the court to the city treasurer on or before the fifth day of

11-36  each month for the preceding month. The city treasurer shall deposit

11-37  the money received in a special revenue fund. The city may use the

11-38  money in the special revenue fund only to:

11-39     (a) Acquire land on which to construct additional facilities for

11-40  the municipal courts or a regional justice center that includes the

11-41  municipal courts.

11-42     (b) Construct or acquire additional facilities for the municipal

11-43  courts or a regional justice center that includes the municipal courts.

11-44     (c) Renovate or remodel existing facilities for the municipal

11-45  courts.

12-1      (d) Acquire furniture, fixtures and equipment necessitated by the

12-2  construction or acquisition of additional facilities or the renovation

12-3  of an existing facility for the municipal courts or a regional justice

12-4  center that includes the municipal courts. This paragraph does not

12-5  authorize the expenditure of money from the fund for furniture,

12-6  fixtures or equipment for judicial chambers.

12-7      (e) Acquire advanced technology for use in the additional or

12-8  renovated facilities.

12-9      (f) Pay debt service on any bonds issued pursuant to

12-10  subsection 3 of NRS 350.020 for the acquisition of land or facilities

12-11  or the construction or renovation of facilities for the municipal

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

12-13  courts.

12-14  Any money remaining in the special revenue fund after 5 fiscal

12-15  years must be deposited in the municipal general fund for the

12-16  continued maintenance of court facilities if it has not been

12-17  committed for expenditure pursuant to a plan for the construction or

12-18  acquisition of court facilities or improvements to court facilities.

12-19  The city treasurer shall provide, upon request by a municipal court,

12-20  monthly reports of the revenue credited to and expenditures made

12-21  from the special revenue fund.

12-22     7.  The money collected for administrative assessments for the

12-23  provision of court facilities in justices’ courts must be paid by the

12-24  clerk of the court to the county treasurer on or before the fifth day of

12-25  each month for the preceding month. The county treasurer shall

12-26  deposit the money received to a special revenue fund. The county

12-27  may use the money in the special revenue fund only to:

12-28     (a) Acquire land on which to construct additional facilities for

12-29  the justices’ courts or a regional justice center that includes the

12-30  justices’ courts.

12-31     (b) Construct or acquire additional facilities for the justices’

12-32  courts or a regional justice center that includes the justices’ courts.

12-33     (c) Renovate or remodel existing facilities for the justices’

12-34  courts.

12-35     (d) Acquire furniture, fixtures and equipment necessitated by the

12-36  construction or acquisition of additional facilities or the renovation

12-37  of an existing facility for the justices’ courts or a regional justice

12-38  center that includes the justices’ courts. This paragraph does not

12-39  authorize the expenditure of money from the fund for furniture,

12-40  fixtures or equipment for judicial chambers.

12-41     (e) Acquire advanced technology for use in the additional or

12-42  renovated facilities.

12-43     (f) Pay debt service on any bonds issued pursuant to

12-44  subsection 3 of NRS 350.020 for the acquisition of land or facilities

12-45  or the construction or renovation of facilities for the justices’ courts

13-1  or a regional justice center that includes the justices’

13-2  courts.

13-3  Any money remaining in the special revenue fund after 5 fiscal

13-4  years must be deposited in the county general fund for the continued

13-5  maintenance of court facilities if it has not been committed for

13-6  expenditure pursuant to a plan for the construction or acquisition of

13-7  court facilities or improvements to court facilities. The county

13-8  treasurer shall provide, upon request by a justice’s court, monthly

13-9  reports of the revenue credited to and expenditures made from the

13-10  special revenue fund.

13-11     8.  If money collected pursuant to this section is to be used to

13-12  acquire land on which to construct a regional justice center, to

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

13-14  issued for these purposes, the county and the participating cities

13-15  shall, by interlocal agreement, determine such issues as the size of

13-16  the regional justice center, the manner in which the center will be

13-17  used and the apportionment of fiscal responsibility for the center.

13-18     Sec. 15.  NRS 176.062 is hereby amended to read as follows:

13-19     176.062  1.  When a defendant pleads guilty [or guilty but

13-20  mentally ill] or is found guilty of a felony or gross misdemeanor, the

13-21  judge shall include in the sentence the sum of $25 as an

13-22  administrative assessment and render a judgment against the

13-23  defendant for the assessment.

13-24     2.  The money collected for an administrative assessment:

13-25     (a) Must not be deducted from any fine imposed by the judge;

13-26     (b) Must be taxed against the defendant in addition to the fine;

13-27  and

13-28     (c) Must be stated separately on the court’s docket.

13-29     3.  The money collected for administrative assessments in

13-30  district courts must be paid by the clerk of the court to the county

13-31  treasurer on or before the fifth day of each month for the preceding

13-32  month. The county treasurer shall distribute, on or before the 15th

13-33  day of that month, the money received in the following amounts for

13-34  each assessment received:

13-35     (a) Five dollars for credit to a special account in the county

13-36  general fund for the use of the district court.

13-37     (b) The remainder of each assessment to the State Controller.

13-38     4.  The State Controller shall credit the money received

13-39  pursuant to subsection 3 to a special account for the assistance of

13-40  criminal justice in the State General Fund, and distribute the money

13-41  from the account to the Attorney General as authorized by the

13-42  Legislature. Any amount received in excess of the amount

13-43  authorized by the Legislature for distribution must remain in the

13-44  account.

 

14-1      Sec. 16.  NRS 176.135 is hereby amended to read as follows:

14-2      176.135  1.  Except as otherwise provided in this section and

14-3  NRS 176.151, the Division shall make a presentence investigation

14-4  and report to the court on each defendant who pleads guilty[, guilty

14-5  but mentally ill] or nolo contendere to or is found guilty of a felony.

14-6      2.  If a defendant is convicted of a felony that is a sexual

14-7  offense, the presentence investigation and report:

14-8      (a) Must be made before the imposition of sentence or the

14-9  granting of probation; and

14-10     (b) If the sexual offense is an offense for which the suspension

14-11  of sentence or the granting of probation is permitted, must include a

14-12  psychosexual evaluation of the defendant.

14-13     3.  If a defendant is convicted of a felony other than a sexual

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

14-15  before the imposition of sentence or the granting of probation

14-16  unless:

14-17     (a) A sentence is fixed by a jury; or

14-18     (b) Such an investigation and report on the defendant has been

14-19  made by the Division within the 5 years immediately preceding the

14-20  date initially set for sentencing on the most recent offense.

14-21     4.  Upon request of the court, the Division shall make

14-22  presentence investigations and reports on defendants who plead

14-23  guilty[, guilty but mentally ill] or nolo contendere to or are found

14-24  guilty of gross misdemeanors.

14-25     Sec. 17.  NRS 176.151 is hereby amended to read as follows:

14-26     176.151  1.  If a defendant pleads guilty[, guilty but mentally

14-27  ill] or nolo contendere to or is found guilty of one or more category

14-28  E felonies, but no other felonies, the Division shall not make a

14-29  presentence investigation and report on the defendant pursuant to

14-30  NRS 176.135, unless the Division has not made a presentence

14-31  investigation and report on the defendant pursuant to NRS 176.135

14-32  within the 5 years immediately preceding the date initially set for

14-33  sentencing on the category E felony or felonies and:

14-34     (a) The court requests a presentence investigation and report; or

14-35     (b) The prosecuting attorney possesses evidence that would

14-36  support a decision by the court to deny probation to the defendant

14-37  pursuant to paragraph (b) of subsection 1 of NRS 176A.100.

14-38     2.  If the Division does not make a presentence investigation

14-39  and report on a defendant pursuant to subsection 1, the Division

14-40  shall, not later than 45 days after the date on which the defendant is

14-41  sentenced, make a general investigation and report on the defendant

14-42  that contains:

14-43     (a) Any prior criminal record of the defendant;

14-44     (b) Information concerning the characteristics of the defendant,

14-45  the circumstances affecting his behavior and the circumstances of

15-1  his offense that may be helpful to persons responsible for the

15-2  supervision or correctional treatment of the defendant;

15-3      (c) Information concerning the effect that the offense committed

15-4  by the defendant has had upon the victim, including, without

15-5  limitation, any physical or psychological harm or financial loss

15-6  suffered by the victim, to the extent that such information is

15-7  available from the victim or other sources, but the provisions of this

15-8  paragraph do not require any particular examination or testing of

15-9  the victim, and the extent of any investigation or examination and

15-10  the extent of the information included in the report is solely at the

15-11  discretion of the Division;

15-12     (d) Data or information concerning reports and investigations

15-13  thereof made pursuant to chapter 432B of NRS that relate to the

15-14  defendant and are made available pursuant to NRS 432B.290; and

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

15-16  helpful to persons responsible for the supervision or correctional

15-17  treatment of the defendant.

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

15-19     176.165  Except as otherwise provided in this section, a motion

15-20  to withdraw a plea of guilty[, guilty but mentally ill] or nolo

15-21  contendere may be made only before sentence is imposed or

15-22  imposition of sentence is suspended. To correct manifest injustice,

15-23  the court after sentence may set aside the judgment of conviction

15-24  and permit the defendant to withdraw his plea.

15-25     Sec. 19.  NRS 176A.255 is hereby amended to read as follows:

15-26     176A.255  1.  A justice’s court or a municipal court may, upon

15-27  approval of the district court, transfer original jurisdiction to the

15-28  district court of a case involving an eligible defendant.

15-29     2.  As used in this section, “eligible defendant” means a person

15-30  who:

15-31     (a) Has not tendered a plea of guilty[, guilty but mentally ill] or

15-32  nolo contendere to, or been found guilty of, an offense that is a

15-33  misdemeanor;

15-34     (b) Appears to suffer from mental illness; and

15-35     (c) Would benefit from assignment to a program established

15-36  pursuant to NRS 176A.250.

15-37     Sec. 20.  NRS 176A.260 is hereby amended to read as follows:

15-38     176A.260  1.  Except as otherwise provided in subsection 2, if

15-39  a defendant who suffers from mental illness tenders a plea of guilty

15-40  [, guilty but mentally ill] or nolo contendere to, or is found guilty of,

15-41  any offense for which the suspension of sentence or the granting of

15-42  probation is not prohibited by statute, the court may, without

15-43  entering a judgment of conviction and with the consent of the

15-44  defendant, suspend further proceedings and place the defendant on

15-45  probation upon terms and conditions that must include attendance

16-1  and successful completion of a program established pursuant to

16-2  NRS 176A.250.

16-3      2.  If the offense committed by the defendant involved the use

16-4  or threatened use of force or violence or if the defendant was

16-5  previously convicted in this state or in any other jurisdiction of a

16-6  felony that involved the use or threatened use of force or violence,

16-7  the court may not assign the defendant to the program unless the

16-8  prosecuting attorney stipulates to the assignment.

16-9      3.  Upon violation of a term or condition:

16-10     (a) The court may enter a judgment of conviction and proceed as

16-11  provided in the section pursuant to which the defendant was

16-12  charged.

16-13     (b) Notwithstanding the provisions of paragraph (e) of

16-14  subsection 2 of NRS 193.130, the court may order the defendant to

16-15  the custody of the Department of Corrections if the offense is

16-16  punishable by imprisonment in the state prison.

16-17     4.  Upon fulfillment of the terms and conditions, the court shall

16-18  discharge the defendant and dismiss the proceedings against him.

16-19  Discharge and dismissal pursuant to this section is without

16-20  adjudication of guilt and is not a conviction for purposes of this

16-21  section or for purposes of employment, civil rights or any statute or

16-22  regulation or license or questionnaire or for any other public or

16-23  private purpose, but is a conviction for the purpose of additional

16-24  penalties imposed for second or subsequent convictions or the

16-25  setting of bail. Discharge and dismissal restores the defendant, in the

16-26  contemplation of the law, to the status occupied before the arrest,

16-27  indictment or information. The defendant may not be held thereafter

16-28  under any law to be guilty of perjury or otherwise giving a false

16-29  statement by reason of failure to recite or acknowledge that arrest,

16-30  indictment, information or trial in response to an inquiry made of

16-31  him for any purpose.

16-32     Sec. 21.  NRS 177.015 is hereby amended to read as follows:

16-33     177.015  The party aggrieved in a criminal action may appeal

16-34  only as follows:

16-35     1.  Whether that party is the State or the defendant:

16-36     (a) To the district court of the county from a final judgment of

16-37  the justice’s court.

16-38     (b) To the Supreme Court from an order of the district court

16-39  granting a motion to dismiss, a motion for acquittal or a motion in

16-40  arrest of judgment, or granting or refusing a new trial.

16-41     2.  The State may, upon good cause shown, appeal to the

16-42  Supreme Court from a pretrial order of the district court granting or

16-43  denying a motion to suppress evidence made pursuant to NRS

16-44  174.125. Notice of the appeal must be filed with the clerk of the

16-45  district court within 2 judicial days and with the Clerk of the

17-1  Supreme Court within 5 judicial days after the ruling by the district

17-2  court. The clerk of the district court shall notify counsel for the

17-3  defendant or, in the case of a defendant without counsel, the

17-4  defendant within 2 judicial days after the filing of the notice of

17-5  appeal. The Supreme Court may establish such procedures as it

17-6  determines proper in requiring the appellant to make a preliminary

17-7  showing of the propriety of the appeal and whether there may be a

17-8  miscarriage of justice if the appeal is not entertained. If the Supreme

17-9  Court entertains the appeal, or if it otherwise appears necessary, it

17-10  may enter an order staying the trial for such time as may be

17-11  required.

17-12     3.  The defendant only may appeal from a final judgment or

17-13  verdict in a criminal case.

17-14     4.  Except as otherwise provided in subsection 3 of NRS

17-15  174.035, the defendant in a criminal case shall not appeal a final

17-16  judgment or verdict resulting from a plea of guilty[, guilty but

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

17-18  voluntarily and with a full understanding of the nature of the charge

17-19  and the consequences of the plea, unless the appeal is based upon

17-20  reasonable constitutional, jurisdictional or other grounds that

17-21  challenge the legality of the proceedings. The Supreme Court may

17-22  establish procedures to require the defendant to make a preliminary

17-23  showing of the propriety of the appeal.

17-24     Sec. 22.  NRS 177.055 is hereby amended to read as follows:

17-25     177.055  1.  When upon a plea of not guilty or not guilty by

17-26  reason of insanity a judgment of death is entered, an appeal is

17-27  deemed automatically taken by the defendant without any action by

17-28  him or his counsel, unless the defendant or his counsel affirmatively

17-29  waives the appeal within 30 days after the rendition of the judgment.

17-30     2.  Whether or not the defendant or his counsel affirmatively

17-31  waives the appeal, the sentence must be reviewed on the record by

17-32  the Supreme Court, which shall consider, in a single proceeding if

17-33  an appeal is taken:

17-34     (a) Any errors enumerated by way of appeal;

17-35     (b) Whether the evidence supports the finding of an aggravating

17-36  circumstance or circumstances;

17-37     (c) Whether the sentence of death was imposed under the

17-38  influence of passion, prejudice or any arbitrary factor; and

17-39     (d) Whether the sentence of death is excessive, considering both

17-40  the crime and the defendant.

17-41     3.  The Supreme Court, when reviewing a death sentence, may:

17-42     (a) Affirm the sentence of death;

17-43     (b) Set the sentence aside and remand the case for a new penalty

17-44  hearing:

18-1          (1) If the original penalty hearing was before a jury, before a

18-2  newly impaneled jury; or

18-3          (2) If the original penalty hearing was before a panel of

18-4  judges, before a panel of three district judges which must consist,

18-5  insofar as possible, of the members of the original panel; or

18-6      (c) Set aside the sentence of death and impose the sentence of

18-7  imprisonment for life without possibility of parole.

18-8      Sec. 23.  NRS 177.075 is hereby amended to read as follows:

18-9      177.075  1.  Except where appeal is automatic, an appeal from

18-10  a district court to the Supreme Court is taken by filing a notice of

18-11  appeal with the clerk of the district court. Bills of exception and

18-12  assignments of error in cases governed by this chapter are abolished.

18-13     2.  When a court imposes sentence upon a defendant who has

18-14  not pleaded guilty [or guilty but mentally ill] and who is without

18-15  counsel, the court shall advise the defendant of his right to appeal,

18-16  and if he so requests, the clerk shall prepare and file forthwith a

18-17  notice of appeal on his behalf.

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

18-19     (a) By the appellant or appellant’s attorney; or

18-20     (b) By the clerk if prepared by him.

18-21     Sec. 24.  NRS 178.388 is hereby amended to read as follows:

18-22     178.388  1.  Except as otherwise provided in this title, the

18-23  defendant must be present at the arraignment, at every stage of

18-24  the trial including the impaneling of the jury and the return of the

18-25  verdict, and at the imposition of sentence. A corporation may appear

18-26  by counsel for all purposes.

18-27     2.  In prosecutions for offenses not punishable by death:

18-28     (a) The defendant’s voluntary absence after the trial has been

18-29  commenced in his presence must not prevent continuing the trial to

18-30  and including the return of the verdict.

18-31     (b) If the defendant was present at the trial through the time he

18-32  pleads guilty [or guilty but mentally ill] or is found guilty but at the

18-33  time of his sentencing is incarcerated in another jurisdiction, he may

18-34  waive his right to be present at the sentencing proceedings and agree

18-35  to be sentenced in this state in his absence. The defendant’s waiver

18-36  is valid only if it is:

18-37         (1) Made knowingly, intelligently and voluntarily after

18-38  consulting with an attorney licensed to practice in this state;

18-39         (2) Signed and dated by the defendant and notarized by a

18-40  notary public or judicial officer; and

18-41         (3) Signed and dated by his attorney after it has been signed

18-42  by the defendant and notarized.

18-43     3.  In prosecutions for offenses punishable by fine or by

18-44  imprisonment for not more than 1 year, or both, the court, with the

18-45  written consent of the defendant, may permit arraignment, plea, trial

19-1  and imposition of sentence in the defendant’s absence, if the court

19-2  determines that the defendant was fully aware of his applicable

19-3  constitutional rights when he gave his consent.

19-4      4.  The presence of the defendant is not required at the

19-5  arraignment or any preceding stage if the court has provided for the

19-6  use of a closed-circuit television to facilitate communication

19-7  between the court and the defendant during the proceeding. If

19-8  closed-circuit television is provided for, members of the news media

19-9  may observe and record the proceeding from both locations unless

19-10  the court specifically provides otherwise.

19-11     5.  The defendant’s presence is not required at the settling of

19-12  jury instructions.

19-13     Sec. 25.  (Deleted by amendment.)

19-14     Sec. 26.  NRS 178.460 is hereby amended to read as follows:

19-15     178.460  1.  If requested by the district attorney or counsel for

19-16  the defendant within 10 days after the report by the Administrator or

19-17  his designee is sent to them, the judge shall hold a hearing within 10

19-18  days after the request at which the district attorney and the defense

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

19-20  report.

19-21     2.  If the judge orders the appointment of a licensed psychiatrist

19-22  or psychologist who is not employed by the Division of Mental

19-23  Health and Developmental Services of the Department of Human

19-24  Resources to perform an additional evaluation and report concerning

19-25  the defendant, the cost of the additional evaluation and report is a

19-26  charge against the county.

19-27     3.  Within 10 days after the hearing or 20 days after the report is

19-28  sent, if no hearing is requested, the judge shall make and enter his

19-29  finding of competence or incompetence, and if he finds the

19-30  defendant to be incompetent:

19-31     (a) Whether there is substantial probability that the defendant

19-32  will attain competency to stand trial or receive pronouncement of

19-33  judgment in the foreseeable future; and

19-34     (b) Whether the defendant is at that time a danger to himself or

19-35  to society.

19-36     4.  If the judge finds the defendant:

19-37     (a) Competent, the judge shall, within 10 days, forward his

19-38  finding to the prosecuting attorney and counsel for the defendant.

19-39  Upon receipt thereof, the prosecuting attorney shall notify the

19-40  sheriff of the county or chief of police of the city that the defendant

19-41  has been found competent and prearrange with the facility for the

19-42  return of the defendant to that county or city for trial upon the

19-43  offense there charged or the pronouncement of judgment, as the case

19-44  may be.

20-1      (b) Incompetent, but there is a substantial probability that he

20-2  will attain competency to stand trial or receive pronouncement of

20-3  judgment in the foreseeable future and finds that he is dangerous to

20-4  himself or to society, the judge shall recommit the defendant.

20-5      (c) Incompetent, but there is a substantial probability that he will

20-6  attain competency to stand trial or receive pronouncement of

20-7  judgment in the foreseeable future and finds that he is not dangerous

20-8  to himself or to society, the judge shall order that the defendant

20-9  remain an outpatient or be transferred to the status of an outpatient

20-10  under the provisions of NRS 178.425.

20-11     (d) Incompetent, with no substantial probability of attaining

20-12  competency in the foreseeable future, the judge shall order the

20-13  defendant released from custody or if the defendant is an outpatient,

20-14  released from his obligations as an outpatient if, within 10 days, a

20-15  petition is not filed to commit the person pursuant to NRS

20-16  433A.200. After the initial 10 days, the defendant may remain an

20-17  outpatient or in custody under the provisions of this chapter only as

20-18  long as the petition is pending unless the defendant is involuntarily

20-19  committed pursuant to chapter 433A of NRS.

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

20-21  chapter may be held in the custody of the Administrator of the

20-22  Division of Mental Health and Developmental Services of the

20-23  Department of Human Resources or his designee longer than

20-24  the longest period of incarceration provided for the crime or crimes

20-25  with which he is charged[.] or 10 years, whichever period is

20-26  shorter. Upon expiration of the applicable period, the defendant

20-27  must be returned to the committing court for a determination as to

20-28  whether or not involuntary commitment pursuant to chapter 433A of

20-29  NRS is required.

20-30     Sec. 27.  NRS 179.225 is hereby amended to read as follows:

20-31     179.225  1.  If the punishment of the crime is the confinement

20-32  of the criminal in prison, the expenses must be paid from money

20-33  appropriated to the Office of the Attorney General for that purpose,

20-34  upon approval by the State Board of Examiners. After the

20-35  appropriation is exhausted, the expenses must be paid from

20-36  the Reserve for Statutory Contingency Account upon approval by

20-37  the State Board of Examiners. In all other cases, they must be paid

20-38  out of the county treasury in the county wherein the crime is alleged

20-39  to have been committed. The expenses are:

20-40     (a) If the prisoner is returned to this state from another state, the

20-41  fees paid to the officers of the state on whose governor the

20-42  requisition is made;

20-43     (b) If the prisoner is returned to this state from a foreign country

20-44  or jurisdiction, the fees paid to the officers and agents of this state or

20-45  the United States; or

21-1      (c) If the prisoner is temporarily returned for prosecution to this

21-2  state from another state pursuant to this chapter or chapter 178 of

21-3  NRS and is then returned to the sending state upon completion of

21-4  the prosecution, the fees paid to the officers and agents of this

21-5  state,

21-6  and the necessary traveling expenses and subsistence allowances in

21-7  the amounts authorized by NRS 281.160 incurred in returning the

21-8  prisoner.

21-9      2.  If a person is returned to this state pursuant to this chapter or

21-10  chapter 178 of NRS and is convicted of, or pleads guilty[, guilty but

21-11  mentally ill] or nolo contendere to the criminal charge for which he

21-12  was returned or a lesser criminal charge, the court shall conduct an

21-13  investigation of the financial status of the person to determine his

21-14  ability to make restitution. In conducting the investigation, the court

21-15  shall determine if the person is able to pay any existing obligations

21-16  for:

21-17     (a) Child support;

21-18     (b) Restitution to victims of crimes; and

21-19     (c) Any administrative assessment required to be paid pursuant

21-20  to NRS 62.2175, 176.059 and 176.062.

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

21-22  pay the obligations described in subsection 2, it shall, in addition to

21-23  any other sentence it may impose, order the person to make

21-24  restitution for the expenses incurred by the Attorney General or

21-25  other governmental entity in returning him to this state. The court

21-26  shall not order the person to make restitution if payment of

21-27  restitution will prevent him from paying any existing obligations

21-28  described in subsection 2. Any amount of restitution remaining

21-29  unpaid constitutes a civil liability arising upon the date of the

21-30  completion of his sentence.

21-31     4.  The Attorney General may adopt regulations to carry out the

21-32  provisions of this section.

21-33     Sec. 28.  NRS 34.735 is hereby amended to read as follows:

21-34     34.735  A petition must be in substantially the following form,

21-35  with appropriate modifications if the petition is filed in the Supreme

21-36  Court:

 

21-37  Case No..............

21-38  Dept. No.............

 

21-39  IN THE .................. JUDICIAL DISTRICT COURT OF THE

21-40  STATE OF NEVADA IN AND FOR THE COUNTY OF...........

 

21-41  ...........................

21-42      Petitioner,

22-1              v.                       PETITION FOR WRIT

22-2                                       OF HABEAS CORPUS

22-3                                        (POSTCONVICTION)

22-4  ............................

22-5     Respondent.

 

22-6  INSTRUCTIONS:

22-7      (1) This petition must be legibly handwritten or typewritten,

22-8  signed by the petitioner and verified.

22-9      (2) Additional pages are not permitted except where noted or

22-10  with respect to the facts which you rely upon to support your

22-11  grounds for relief. No citation of authorities need be furnished. If

22-12  briefs or arguments are submitted, they should be submitted in the

22-13  form of a separate memorandum.

22-14     (3) If you want an attorney appointed, you must complete the

22-15  Affidavit in Support of Request to Proceed in Forma Pauperis. You

22-16  must have an authorized officer at the prison complete the certificate

22-17  as to the amount of money and securities on deposit to your credit in

22-18  any account in the institution.

22-19     (4) You must name as respondent the person by whom you are

22-20  confined or restrained. If you are in a specific institution of the

22-21  Department of Corrections, name the warden or head of the

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

22-23  but within its custody, name the Director of the Department of

22-24  Corrections.

22-25     (5) You must include all grounds or claims for relief which you

22-26  may have regarding your conviction or sentence. Failure to raise all

22-27  grounds in this petition may preclude you from filing future

22-28  petitions challenging your conviction and sentence.

22-29     (6) You must allege specific facts supporting the claims in the

22-30  petition you file seeking relief from any conviction or sentence.

22-31  Failure to allege specific facts rather than just conclusions may

22-32  cause your petition to be dismissed. If your petition contains a claim

22-33  of ineffective assistance of counsel, that claim will operate to waive

22-34  the attorney-client privilege for the proceeding in which you claim

22-35  your counsel was ineffective.

22-36     (7) When the petition is fully completed, the original and one

22-37  copy must be filed with the clerk of the state district court for the

22-38  county in which you were convicted. One copy must be mailed to

22-39  the respondent, one copy to the Attorney General’s Office, and one

22-40  copy to the district attorney of the county in which you were

22-41  convicted or to the original prosecutor if you are challenging your

22-42  original conviction or sentence. Copies must conform in all

22-43  particulars to the original submitted for filing.

 

23-1  PETITION

 

23-2  1.  Name of institution and county in which you are presently

23-3  imprisoned or where and how you are presently restrained of your

23-4  liberty: ...............................................................

23-5  ............................................................................

23-6  2.  Name and location of court which entered the judgment of

23-7  conviction under attack: ...................................

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

23-9                    3.  Date of judgment of conviction:  

23-10  ............................................... 4.  Case number:  

23-11  ................................ 5.  (a) Length of sentence:  

23-12  ...........................................................................

23-13  (b) If sentence is death, state any date upon which execution is

23-14  scheduled:.........................................................

23-15  6.  Are you presently serving a sentence for a conviction other

23-16  than the conviction under attack in this motion? Yes ........ No ........

23-17  If “yes,” list crime, case number and sentence being served at this

23-18  time: .................................................................

23-19  ...........................................................................

23-20  ...........................................................................

23-21  7.  Nature of offense involved in conviction being

23-22  challenged: .......................................................

23-23  ...........................................................................

23-24  ........................................................... 8.  What was your plea? (check one)

23-25  ........................................................................................ (a) Not guilty ........

23-26  .............................................................................................. (b) Guilty ........

23-27  ................................................................... (c) [Guilty but mentally ill .......

23-28  ........................................................................... (d)] Nolo contendere ........

23-29  9.  If you entered a plea of guilty [or guilty but mentally ill] to

23-30  one count of an indictment or information, and a plea of not guilty

23-31  to another count of an indictment or information, or if a plea of

23-32  guilty [or guilty but mentally ill] was negotiated, give details:   

23-33  ...........................................................................

23-34  ...........................................................................

23-35  ................ 10.  If you were found guilty after a plea of not guilty, was the

23-36  finding made by: (check one)

23-37  .................................................................................................. (a) Jury ........

23-38  ...................................................................... (b) Judge without a jury ........

23-39  .................................... 11.  Did you testify at the trial? Yes ........ No ........

23-40  ............. 12.  Did you appeal from the judgment of conviction? Yes ........

23-41  No ........

23-42  .............................................. 13.  If you did appeal, answer the following:

23-43  ............................................ (a) Name of court:  

23-44  ............................ (b) Case number or citation:  

24-1                                                             (c) Result:  

24-2                                                 (d) Date of result:  

24-3                                             (Attach copy of order or decision, if available.)

24-4  14.  If you did not appeal, explain briefly why you did not:  

24-5  ............................................................................

24-6  ............................................................................

24-7                  15.  Other than a direct appeal from the judgment of conviction

24-8  and sentence, have you previously filed any petitions, applications

24-9  or motions with respect to this judgment in any court, state or

24-10  federal? Yes ........ No ........

24-11  ..................... 16.  If your answer to No. 15 was “yes,” give the following

24-12  information:

24-13     (a).................................... (1) Name of court:  

24-14                                   (2) Nature of proceeding:  

24-15  ...........................................................................

24-16                                             (3) Grounds raised:  

24-17  ...........................................................................

24-18  ...........................................................................

24-19     (4) Did you receive an evidentiary hearing on your petition,

24-20  application or motion? Yes ........ No ........

24-21                                                            (5) Result:  

24-22                                                (6) Date of result:  

24-23     (7) If known, citations of any written opinion or date of

24-24  orders entered pursuant to such result: ..........

24-25  ...........................................................................

24-26     (b) As to any second petition, application or motion, give the

24-27  same information:

24-28                                              (1) Name of court:  

24-29                                   (2) Nature of proceeding:  

24-30                                             (3) Grounds raised:  

24-31     (4) Did you receive an evidentiary hearing on your petition,

24-32  application or motion? Yes ........ No ........

24-33                                                            (5) Result:  

24-34                                                (6) Date of result:  

24-35     (7) If known, citations of any written opinion or date of

24-36  orders entered pursuant to such result: ..........

24-37  ...........................................................................

24-38  (c) As to any third or subsequent additional applications or

24-39  motions, give the same information as above, list them on a separate

24-40  sheet and attach.

24-41     (d) Did you appeal to the highest state or federal court having

24-42  jurisdiction, the result or action taken on any petition, application or

24-43  motion?

24-44         (1) First petition, application or motion? Yes ........ No ........

24-45                               ..................... Citation or date of decision:  

25-1      (2) Second petition, application or motion? Yes ........

25-2  No .........

25-3                                ..................... Citation or date of decision:  

25-4      (3) Third or subsequent petitions, applications or motions?

25-5  Yes ....... No ........

25-6                                ..................... Citation or date of decision:  

25-7  (e) If you did not appeal from the adverse action on any petition,

25-8  application or motion, explain briefly why you did not. (You must

25-9  relate specific facts in response to this question. Your response may

25-10  be included on paper which is 8 1/2 by 11 inches attached to the

25-11  petition. Your response may not exceed five handwritten or

25-12  typewritten pages in length.) ...........................

25-13  ...........................................................................

25-14  ...........................................................................

25-15     17.  Has any ground being raised in this petition been

25-16  previously presented to this or any other court by way of petition for

25-17  habeas corpus, motion, application or any other postconviction

25-18  proceeding? If so, identify:

25-19  ............. (a) Which of the grounds is the same:  

25-20  ...........................................................................

25-21  (b) The proceedings in which these grounds were raised:

25-22  ...........................................................................

25-23  (c) Briefly explain why you are again raising these grounds.

25-24  (You must relate specific facts in response to this question. Your

25-25  response may be included on paper which is 8 1/2 by 11 inches

25-26  attached to the petition. Your response may not exceed five

25-27  handwritten or typewritten pages in length.) ..

25-28  ...........................................................................

25-29  18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d),

25-30  or listed on any additional pages you have attached, were not

25-31  previously presented in any other court, state or federal, list briefly

25-32  what grounds were not so presented, and give your reasons for not

25-33  presenting them. (You must relate specific facts in response to this

25-34  question. Your response may be included on paper which is 8 1/2 by

25-35  11 inches attached to the petition. Your response may not exceed

25-36  five handwritten or typewritten pages in length.)   

25-37  ...........................................................................

25-38  19.  Are you filing this petition more than 1 year following the

25-39  filing of the judgment of conviction or the filing of a decision on

25-40  direct appeal? If so, state briefly the reasons for the delay. (You

25-41  must relate specific facts in response to this question. Your response

25-42  may be included on paper which is 8 1/2 by 11 inches attached to

25-43  the petition. Your response may not exceed five handwritten or

25-44  typewritten pages in length.) ...........................

25-45  ...........................................................................

26-1  20.  Do you have any petition or appeal now pending in

26-2  any court, either state or federal, as to the judgment under attack?

26-3  Yes ........ No ........

26-4  If yes, state what court and the case number: ..

26-5  ............................................................................

26-6  21.  Give the name of each attorney who represented you in the

26-7  proceeding resulting in your conviction and on direct appeal:

26-8  ............................................................................

26-9  22.  Do you have any future sentences to serve after you

26-10  complete the sentence imposed by the judgment under attack?

26-11  Yes ........ No ........

26-12  If yes, specify where and when it is to be served, if you know:   

26-13  ...........................................................................

26-14     23.  State concisely every ground on which you claim that you

26-15  are being held unlawfully. Summarize briefly the facts supporting

26-16  each ground. If necessary you may attach pages stating additional

26-17  grounds and facts supporting same.

26-18  ................................................ (a) Ground one:  

26-19  ...........................................................................

26-20  Supporting FACTS (Tell your story briefly without citing cases or

26-21  law.): ................................................................

26-22  ...........................................................................

26-23  ...........................................................................

26-24  ................................................ (b) Ground two:  

26-25  ...........................................................................

26-26  Supporting FACTS (Tell your story briefly without citing cases or

26-27  law.): ................................................................

26-28  ...........................................................................

26-29  ...........................................................................

26-30  .............................................. (c) Ground three:  

26-31  ...........................................................................

26-32  Supporting FACTS (Tell your story briefly without citing cases or

26-33  law.): ................................................................

26-34  ...........................................................................

26-35  ...........................................................................

26-36  ............................................... (d) Ground four:  

26-37  ...........................................................................

26-38  Supporting FACTS (Tell your story briefly without citing cases or

26-39  law.): ................................................................

26-40  ...........................................................................

26-41  ...........................................................................

26-42  WHEREFORE, petitioner prays that the court grant petitioner

26-43  relief to which he may be entitled in this proceeding.

26-44     EXECUTED at ................... on the ....... day of the month of .......

26-45  of the year .......

27-1                                                                               ...............................

27-2                                              Signature of petitioner

27-3                                                                               ...............................

27-4                                                          Address

27-5  ....................................

27-6  Signature of attorney (if any)

27-7  ....................................

27-8  Attorney for petitioner

27-9  ....................................

27-10           Address

 

27-11  VERIFICATION

 

27-12     Under penalty of perjury, the undersigned declares that he is the

27-13  petitioner named in the foregoing petition and knows the contents

27-14  thereof; that the pleading is true of his own knowledge, except as to

27-15  those matters stated on information and belief, and as to such

27-16  matters he believes them to be true.

 

27-17                                                                              ...............................

27-18                                                       Petitioner

27-19                                                                              ...............................

27-20                                             Attorney for petitioner

 

27-21  CERTIFICATE OF SERVICE BY MAIL

 

27-22     I, ................................, hereby certify pursuant to N.R.C.P. 5(b),

27-23  that on this ........ day of the month of ........ of the year ........, I

27-24  mailed a true and correct copy of the foregoing PETITION FOR

27-25  WRIT OF HABEAS CORPUS addressed to:

 

27-26                                                                              ...................................................

27-27                         Respondent prison or jail official

27-28                                                                              ...................................................

27-29                                              Address

27-30                                                                              ...................................................

27-31                          Attorney General

27-32                          Heroes’ Memorial Building

27-33                          Capitol Complex

27-34                          Carson City, Nevada 89710

 

27-35                                                                              ...................................................

27-36                  District Attorney of County of Conviction

27-37                                                                              ...................................................

27-38                                              Address

28-1                                                                               ...............................

28-2                                             Signature of Petitioner

 

28-3      Sec. 29.  NRS 34.810 is hereby amended to read as follows:

28-4      34.810  1.  The court shall dismiss a petition if the court

28-5  determines that:

28-6      (a) The petitioner’s conviction was upon a plea of guilty [or

28-7  guilty but mentally ill] and the petition is not based upon an

28-8  allegation that the plea was involuntarily or unknowingly entered or

28-9  that the plea was entered without effective assistance of counsel.

28-10     (b) The petitioner’s conviction was the result of a trial and the

28-11  grounds for the petition could have been:

28-12         (1) Presented to the trial court;

28-13         (2) Raised in a direct appeal or a prior petition for a writ of

28-14  habeas corpus or postconviction relief; or

28-15         (3) Raised in any other proceeding that the petitioner has

28-16  taken to secure relief from his conviction and sentence,

28-17  unless the court finds both cause for the failure to present the

28-18  grounds and actual prejudice to the petitioner.

28-19     2.  A second or successive petition must be dismissed if the

28-20  judge or justice determines that it fails to allege new or different

28-21  grounds for relief and that the prior determination was on the merits

28-22  or, if new and different grounds are alleged, the judge or justice

28-23  finds that the failure of the petitioner to assert those grounds in a

28-24  prior petition constituted an abuse of the writ.

28-25     3.  Pursuant to subsections 1 and 2, the petitioner has the

28-26  burden of pleading and proving specific facts that demonstrate:

28-27     (a) Good cause for the petitioner’s failure to present the claim or

28-28  for presenting the claim again; and

28-29     (b) Actual prejudice to the petitioner.

28-30  The petitioner shall include in the petition all prior proceedings in

28-31  which he challenged the same conviction or sentence.

28-32     4.  The court may dismiss a petition that fails to include any

28-33  prior proceedings of which the court has knowledge through the

28-34  record of the court or through the pleadings submitted by the

28-35  respondent.

28-36     Sec. 30.  NRS 41B.070 is hereby amended to read as follows:

28-37     41B.070  “Convicted” and “conviction” mean a judgment based

28-38  upon:

28-39     1.  A plea of guilty[, guilty but mentally ill] or nolo contendere;

28-40     2.  A finding of guilt by a jury or a court sitting without a jury;

28-41     3.  An adjudication of delinquency or finding of guilt by a court

28-42  having jurisdiction over juveniles; or

28-43     4.  Any other admission or finding of guilt in a criminal action

28-44  or a proceeding in a court having jurisdiction over juveniles.

29-1      Sec. 31.  NRS 48.061 is hereby amended to read as follows:

29-2      48.061  Evidence of domestic violence as defined in NRS

29-3  33.018 and expert testimony concerning the effect of domestic

29-4  violence on the beliefs, behavior and perception of the person

29-5  alleging the domestic violence is admissible in chief and in rebuttal,

29-6  when determining:

29-7      1.  Whether a person is excepted from criminal liability

29-8  pursuant to subsection [6] 7 of NRS 194.010, to show the state of

29-9  mind of the defendant.

29-10     2.  Whether a person in accordance with NRS 200.200 has

29-11  killed another in self-defense, toward the establishment of the legal

29-12  defense.

29-13     Sec. 32.  NRS 48.125 is hereby amended to read as follows:

29-14     48.125  1.  Evidence of a plea of guilty [or guilty but mentally

29-15  ill,] , later withdrawn, or of an offer to plead guilty [or guilty but

29-16  mentally ill] to the crime charged or any other crime is not

29-17  admissible in a criminal proceeding involving the person who made

29-18  the plea or offer.

29-19     2.  Evidence of a plea of nolo contendere or of an offer to plead

29-20  nolo contendere to the crime charged or any other crime is not

29-21  admissible in a civil or criminal proceeding involving the person

29-22  who made the plea or offer.

29-23     Sec. 33.  NRS 50.068 is hereby amended to read as follows:

29-24     50.068  1.  A defendant is not incompetent to be a witness

29-25  solely by reason of the fact that he enters into an agreement with the

29-26  prosecuting attorney in which he agrees to testify against another

29-27  defendant in exchange for a plea of guilty[, guilty but mentally ill]

29-28  or nolo contendere to a lesser charge or for a recommendation of a

29-29  reduced sentence.

29-30     2.  The testimony of the defendant who is testifying may be

29-31  admitted whether or not he has entered his plea or been sentenced

29-32  pursuant to the agreement with the prosecuting attorney.

29-33     Sec. 34.  NRS 51.295 is hereby amended to read as follows:

29-34     51.295  1.  Evidence of a final judgment, entered after trial or

29-35  upon a plea of guilty , [or guilty but mentally ill,] but not upon a

29-36  plea of nolo contendere, adjudging a person guilty of a crime

29-37  punishable by death or imprisonment in excess of 1 year, is not

29-38  inadmissible under the hearsay rule to prove any fact essential to

29-39  sustain the judgment.

29-40     2.  This section does not make admissible, when offered by the

29-41  State in a criminal prosecution for purposes other than

29-42  impeachment, a judgment against a person other than the accused.

29-43     3.  The pendency of an appeal may be shown but does not affect

29-44  admissibility.

 

30-1      Sec. 35.  NRS 193.210 is hereby amended to read as follows:

30-2      193.210  A person is of sound mind who is not affected with

30-3  insanity and who has arrived at the age of 14 years, or before that

30-4  age if he knew the distinction between good and evil.

30-5      Sec. 36.  NRS 193.220 is hereby amended to read as follows:

30-6      193.220  No act committed by a person while in a state of

30-7  [insanity or] voluntary intoxication shall be deemed less criminal by

30-8  reason of his condition, but whenever the actual existence of any

30-9  particular purpose, motive or intent is a necessary element to

30-10  constitute a particular species or degree of crime, the fact of his

30-11  [insanity or] intoxication may be taken into consideration in

30-12  determining the purpose, motive or intent.

30-13     Sec. 37.  NRS 194.010 is hereby amended to read as follows:

30-14     194.010  All persons are liable to punishment except those

30-15  belonging to the following classes:

30-16     1.  Children under the age of 8 years.

30-17     2.  Children between the ages of 8 years and 14 years, in the

30-18  absence of clear proof that at the time of committing the act charged

30-19  against them they knew its wrongfulness.

30-20     3.  Persons who committed the act charged or made the

30-21  omission charged in a state of insanity.

30-22     4.  Persons who committed the act or made the omission

30-23  charged under an ignorance or mistake of fact, which disproves any

30-24  criminal intent, where a specific intent is required to constitute the

30-25  offense.

30-26     [4.] 5. Persons who committed the act charged without being

30-27  conscious thereof.

30-28     [5.] 6. Persons who committed the act or made the omission

30-29  charged, through misfortune or by accident, when it appears that

30-30  there was no evil design, intention or culpable negligence.

30-31     [6.] 7. Persons, unless the crime is punishable with death, who

30-32  committed the act or made the omission charged under threats or

30-33  menaces sufficient to show that they had reasonable cause to

30-34  believe, and did believe, their lives would be endangered if they

30-35  refused, or that they would suffer great bodily harm.

30-36     Sec. 38.  NRS 200.485 is hereby amended to read as follows:

30-37     200.485  1.  Unless a greater penalty is provided pursuant to

30-38  NRS 200.481, a person convicted of a battery that constitutes

30-39  domestic violence pursuant to NRS 33.018:

30-40     (a) For the first offense within 7 years, is guilty of a

30-41  misdemeanor and shall be sentenced to:

30-42         (1) Imprisonment in the city or county jail or detention

30-43  facility for not less than 2 days, but not more than 6 months; and

30-44         (2) Perform not less than 48 hours, but not more than

30-45  120 hours, of community service.

31-1  The person shall be further punished by a fine of not less than $200,

31-2  but not more than $1,000. A term of imprisonment imposed

31-3  pursuant to this paragraph may be served intermittently at the

31-4  discretion of the judge or justice of the peace, except that each

31-5  period of confinement must be not less than 4 consecutive hours and

31-6  must occur at a time when the person is not required to be at his

31-7  place of employment or on a weekend.

31-8      (b) For the second offense within 7 years, is guilty of a

31-9  misdemeanor and shall be sentenced to:

31-10         (1) Imprisonment in the city or county jail or detention

31-11  facility for not less than 10 days, but not more than 6 months; and

31-12         (2) Perform not less than 100 hours, but not more than

31-13  200 hours, of community service.

31-14  The person shall be further punished by a fine of not less than $500,

31-15  but not more than $1,000.

31-16     (c) For the third and any subsequent offense within 7 years, is

31-17  guilty of a category C felony and shall be punished as provided in

31-18  NRS 193.130.

31-19     2.  In addition to any other penalty, if a person is convicted of a

31-20  battery which constitutes domestic violence pursuant to NRS

31-21  33.018, the court shall:

31-22     (a) For the first offense within 7 years, require him to participate

31-23  in weekly counseling sessions of not less than 1 1/2 hours per week

31-24  for not less than 6 months, but not more than 12 months, at his

31-25  expense, in a program for the treatment of persons who commit

31-26  domestic violence that has been certified pursuant to NRS 228.470.

31-27     (b) For the second offense within 7 years, require him to

31-28  participate in weekly counseling sessions of not less than 1 1/2

31-29  hours per week for 12 months, at his expense, in a program for the

31-30  treatment of persons who commit domestic violence that has been

31-31  certified pursuant to NRS 228.470.

31-32     3.  An offense that occurred within 7 years immediately

31-33  preceding the date of the principal offense or after the principal

31-34  offense constitutes a prior offense for the purposes of this section

31-35  when evidenced by a conviction, without regard to the sequence of

31-36  the offenses and convictions. The facts concerning a prior offense

31-37  must be alleged in the complaint, indictment or information, must

31-38  not be read to the jury or proved at trial but must be proved at the

31-39  time of sentencing and, if the principal offense is alleged to be a

31-40  felony, must also be shown at the preliminary examination or

31-41  presented to the grand jury.

31-42     4.  In addition to any other fine or penalty, the court shall order

31-43  such a person to pay an administrative assessment of $35. Any

31-44  money so collected must be paid by the clerk of the court to the

31-45  State Controller on or before the fifth day of each month for the

32-1  preceding month for credit to the Account for Programs Related to

32-2  Domestic Violence established pursuant to NRS 228.460.

32-3      5.  In addition to any other penalty, the court may require such a

32-4  person to participate, at his expense, in a program of treatment for

32-5  the abuse of alcohol or drugs that has been certified by the Health

32-6  Division of the Department of Human Resources.

32-7      6.  If it appears from information presented to the court that a

32-8  child under the age of 18 years may need counseling as a result of

32-9  the commission of a battery which constitutes domestic violence

32-10  pursuant to NRS 33.018, the court may refer the child to an agency

32-11  which provides child welfare services. If the court refers a child to

32-12  an agency which provides child welfare services, the court shall

32-13  require the person convicted of a battery which constitutes domestic

32-14  violence pursuant to NRS 33.018 to reimburse the agency for the

32-15  costs of any services provided, to the extent of his ability to pay.

32-16     7.  If a person is charged with committing a battery which

32-17  constitutes domestic violence pursuant to NRS 33.018, a

32-18  prosecuting attorney shall not dismiss such a charge in exchange for

32-19  a plea of guilty[, guilty but mentally ill] or nolo contendere to a

32-20  lesser charge or for any other reason unless he knows, or it is

32-21  obvious, that the charge is not supported by probable cause or

32-22  cannot be proved at the time of trial. A court shall not grant

32-23  probation to and, except as otherwise provided in NRS 4.373 and

32-24  5.055, a court shall not suspend the sentence of such a person.

32-25     8.  As used in this section:

32-26     (a) “Agency which provides child welfare services” has the

32-27  meaning ascribed to it in NRS 432B.030.

32-28     (b) “Battery” has the meaning ascribed to it in paragraph (a) of

32-29  subsection 1 of NRS 200.481.

32-30     (c) “Offense” includes a battery which constitutes domestic

32-31  violence pursuant to NRS 33.018 or a violation of the law of any

32-32  other jurisdiction that prohibits the same or similar conduct.

32-33     Sec. 39.  NRS 202.270 is hereby amended to read as follows:

32-34     202.270  1.  A person who destroys, or attempts to destroy,

32-35  with dynamite, nitroglycerine, gunpowder or other high explosive,

32-36  any dwelling house or other building, knowing or having reason to

32-37  believe that a human being is therein at the time, is guilty of a

32-38  category A felony and shall be punished by imprisonment in the

32-39  state prison:

32-40     (a) For life without the possibility of parole;

32-41     (b) For life with the possibility of parole, with eligibility for

32-42  parole beginning when a minimum of 10 years has been served; or

32-43     (c) For a definite term of 25 years, with eligibility for parole

32-44  beginning when a minimum of 10 years has been served,

33-1  in the discretion of the jury, or of the court upon a plea of guilty . [or

33-2  guilty but mentally ill.]

33-3      2.  A person who conspires with others to commit the offense

33-4  described in subsection 1 shall be punished in the same manner.

33-5      Sec. 40.  NRS 202.885 is hereby amended to read as follows:

33-6      202.885  1.  A person may not be prosecuted or convicted

33-7  pursuant to NRS 202.882 unless a court in this state or any other

33-8  jurisdiction has entered a judgment of conviction against a culpable

33-9  actor for:

33-10     (a) The violent or sexual offense against the child; or

33-11     (b) Any other offense arising out of the same facts as the violent

33-12  or sexual offense against the child.

33-13     2.  For any violation of NRS 202.882, an indictment must be

33-14  found or an information or complaint must be filed within 1 year

33-15  after the date on which:

33-16     (a) A court in this state or any other jurisdiction has entered a

33-17  judgment of conviction against a culpable actor as provided in

33-18  subsection 1; or

33-19     (b) The violation is discovered,

33-20  whichever occurs later.

33-21     3.  For the purposes of this section:

33-22     (a) A court in “any other jurisdiction” includes, without

33-23  limitation, a tribal court or a court of the United States or the Armed

33-24  Forces of the United States.

33-25     (b) “Convicted” and “conviction” mean a judgment based upon:

33-26         (1) A plea of guilty[, guilty but mentally ill] or nolo

33-27  contendere;

33-28         (2) A finding of guilt by a jury or a court sitting without a

33-29  jury;

33-30         (3) An adjudication of delinquency or finding of guilt by a

33-31  court having jurisdiction over juveniles; or

33-32         (4) Any other admission or finding of guilt in a criminal

33-33  action or a proceeding in a court having jurisdiction over juveniles.

33-34     (c) A court “enters” a judgment of conviction against a person

33-35  on the date on which guilt is admitted, adjudicated or found,

33-36  whether or not:

33-37         (1) The court has imposed a sentence, a penalty or other

33-38  sanction for the conviction; or

33-39         (2) The person has exercised any right to appeal the

33-40  conviction.

33-41     (d) “Culpable actor” means a person who:

33-42         (1) Causes or perpetrates an unlawful act;

33-43         (2) Aids, abets, commands, counsels, encourages, hires,

33-44  induces, procures or solicits another person to cause or perpetrate an

33-45  unlawful act; or

34-1          (3) Is a principal in any degree, accessory before or after the

34-2  fact, accomplice or conspirator to an unlawful act.

34-3      Sec. 41.  NRS 207.016 is hereby amended to read as follows:

34-4      207.016  1.  A conviction pursuant to NRS 207.010, 207.012

34-5  or 207.014 operates only to increase, not to reduce, the sentence

34-6  otherwise provided by law for the principal crime.

34-7      2.  If a count pursuant to NRS 207.010, 207.012 or 207.014 is

34-8  included in an information charging the primary offense, each

34-9  previous conviction must be alleged in the accusatory pleading, but

34-10  no such conviction may be alluded to on trial of the primary offense,

34-11  nor may any allegation of the conviction be read in the presence of a

34-12  jury trying the offense or a grand jury considering an indictment for

34-13  the offense. A count pursuant to NRS 207.010, 207.012 or 207.014

34-14  may be separately filed after conviction of the primary offense, but

34-15  if it is so filed, sentence must not be imposed, or the hearing

34-16  required by subsection 3 held, until 15 days after the separate filing.

34-17     3.  If a defendant charged pursuant to NRS 207.010, 207.012 or

34-18  207.014 pleads guilty [or guilty but mentally ill to,] to or is found

34-19  guilty of[,] the primary offense[,] but denies any previous

34-20  conviction charged, the court shall determine the issue of the

34-21  previous conviction after hearing all relevant evidence presented on

34-22  the issue by the prosecution and the defendant. At such a hearing,

34-23  the defendant may not challenge the validity of a previous

34-24  conviction. The court shall impose sentence:

34-25     (a) Pursuant to NRS 207.010 upon finding that the defendant

34-26  has suffered previous convictions sufficient to support an

34-27  adjudication of habitual criminality;

34-28     (b) Pursuant to NRS 207.012 upon finding that the defendant

34-29  has suffered previous convictions sufficient to support an

34-30  adjudication of habitual felon; or

34-31     (c) Pursuant to NRS 207.014 upon finding that the defendant

34-32  has suffered previous convictions sufficient to support an

34-33  adjudication of habitually fraudulent felon.

34-34     4.  Nothing in the provisions of this section, NRS 207.010,

34-35  207.012 or 207.014 limits the prosecution in introducing evidence

34-36  of prior convictions for purposes of impeachment.

34-37     5.  For the purposes of NRS 207.010, 207.012 and 207.014, a

34-38  certified copy of a felony conviction is prima facie evidence of

34-39  conviction of a prior felony.

34-40     6.  Nothing in the provisions of this section, NRS 207.010,

34-41  207.012 or 207.014 prohibits a court from imposing an adjudication

34-42  of habitual criminality, adjudication of habitual felon or adjudication

34-43  of habitually fraudulent felon based upon a stipulation of the parties.

 

 

35-1      Sec. 42.  NRS 207.193 is hereby amended to read as follows:

35-2      207.193  1.  Except as otherwise provided in subsection 4, if a

35-3  person is convicted of coercion or attempted coercion in violation of

35-4  paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the

35-5  request of the prosecuting attorney, conduct a separate hearing to

35-6  determine whether the offense was sexually motivated. A request

35-7  for such a hearing may not be submitted to the court unless the

35-8  prosecuting attorney, not less than 72 hours before the

35-9  commencement of the trial, files and serves upon the defendant a

35-10  written notice of his intention to request such a hearing.

35-11     2.  A hearing requested pursuant to subsection 1 must be

35-12  conducted before:

35-13     (a) The court imposes its sentence; or

35-14     (b) A separate penalty hearing is conducted.

35-15     3.  At the hearing, only evidence concerning the question of

35-16  whether the offense was sexually motivated may be presented. The

35-17  prosecuting attorney must prove beyond a reasonable doubt that the

35-18  offense was sexually motivated.

35-19     4.  A person may stipulate that his offense was sexually

35-20  motivated before a hearing held pursuant to subsection 1 or as part

35-21  of an agreement to plead nolo contendere[, guilty] or guilty . [but

35-22  mentally ill.]

35-23     5.  The court shall enter in the record:

35-24     (a) Its finding from a hearing held pursuant to subsection 1; or

35-25     (b) A stipulation made pursuant to subsection 4.

35-26     6.  For the purposes of this section, an offense is “sexually

35-27  motivated” if one of the purposes for which the person committed

35-28  the offense was his sexual gratification.

35-29     Sec. 43.  NRS 212.189 is hereby amended to read as follows:

35-30     212.189  1.  Except as otherwise provided in subsection 9, a

35-31  prisoner who is in lawful custody or confinement, other than

35-32  residential confinement, shall not knowingly:

35-33     (a) Store or stockpile any human excrement or bodily fluid;

35-34     (b) Sell, supply or provide any human excrement or bodily fluid

35-35  to any other person;

35-36     (c) Buy, receive or acquire any human excrement or bodily fluid

35-37  from any other person; or

35-38     (d) Use, propel, discharge, spread or conceal, or cause to be

35-39  used, propelled, discharged, spread or concealed, any human

35-40  excrement or bodily fluid:

35-41         (1) With the intent to have the excrement or bodily fluid

35-42  come into physical contact with any portion of the body of an

35-43  officer or employee of a prison or any other person, whether or not

35-44  such physical contact actually occurs; or

36-1          (2) Under circumstances in which the excrement or bodily

36-2  fluid is reasonably likely to come into physical contact with any

36-3  portion of the body of an officer or employee of a prison or any

36-4  other person, whether or not such physical contact actually occurs.

36-5      2.  Except as otherwise provided in subsection 3, if a prisoner

36-6  violates any provision of subsection 1, the prisoner is guilty of a

36-7  category B felony and shall be punished by imprisonment in the

36-8  state prison for a minimum term of not less than 2 years and a

36-9  maximum term of not more than 10 years, and may be further

36-10  punished by a fine of not more than $10,000.

36-11     3.  If a prisoner violates any provision of paragraph (d) of

36-12  subsection 1 and, at the time of the offense, the prisoner knew that

36-13  any portion of the excrement or bodily fluid involved in the offense

36-14  contained a communicable disease that causes or is reasonably

36-15  likely to cause substantial bodily harm, whether or not the

36-16  communicable disease was transmitted to a victim as a result of the

36-17  offense, the prisoner is guilty of a category A felony and shall be

36-18  punished by imprisonment in the state prison:

36-19     (a) For life with the possibility of parole, with eligibility for

36-20  parole beginning when a minimum of 10 years has been served; or

36-21     (b) For a definite term of 25 years, with eligibility for parole

36-22  beginning when a minimum of 10 years has been served,

36-23  and may be further punished by a fine of not more than $50,000.

36-24     4.  A sentence imposed upon a prisoner pursuant to

36-25  subsection 2 or 3:

36-26     (a) Is not subject to suspension or the granting of probation; and

36-27     (b) Must run consecutively after the prisoner has served any

36-28  sentences imposed upon him for the offense or offenses for which

36-29  the prisoner was in lawful custody or confinement when he violated

36-30  the provisions of subsection 1.

36-31     5.  In addition to any other penalty, the court shall order a

36-32  prisoner who violates any provision of paragraph (d) of subsection 1

36-33  to reimburse the appropriate person or governmental body for the

36-34  cost of any examinations or testing:

36-35     (a) Conducted pursuant to paragraphs (a) and (b) of

36-36  subsection 7; or

36-37     (b) Paid for pursuant to subparagraph (2) of paragraph (c) of

36-38  subsection 7.

36-39     6.  The warden, sheriff, administrator or other person

36-40  responsible for administering a prison shall immediately and fully

36-41  investigate any act described in subsection 1 that is reported or

36-42  suspected to have been committed in the prison.

36-43     7.  If there is probable cause to believe that an act described in

36-44  paragraph (d) of subsection 1 has been committed in a prison:

37-1      (a) Each prisoner believed to have committed the act or to have

37-2  been the bodily source of any portion of the excrement or bodily

37-3  fluid involved in the act must submit to any appropriate

37-4  examinations and testing to determine whether each such prisoner

37-5  has any communicable disease.

37-6      (b) If possible, a sample of the excrement or bodily fluid

37-7  involved in the act must be recovered and tested to determine

37-8  whether any communicable disease is present in the excrement or

37-9  bodily fluid.

37-10     (c) If the excrement or bodily fluid involved in the act came into

37-11  physical contact with any portion of the body of an officer or

37-12  employee of a prison or any other person:

37-13         (1) The results of any examinations or testing conducted

37-14  pursuant to paragraphs (a) and (b) must be provided to each such

37-15  officer, employee or other person; and

37-16         (2) For each such officer or employee, the person or

37-17  governmental body operating the prison where the act was

37-18  committed shall pay for any appropriate examinations and testing

37-19  requested by the officer or employee to determine whether a

37-20  communicable disease was transmitted to him as a result of the act.

37-21     (d) The results of the investigation conducted pursuant to

37-22  subsection 6 and the results of any examinations or testing

37-23  conducted pursuant to paragraphs (a) and (b) must be submitted to

37-24  the district attorney of the county in which the act was committed or

37-25  to the office of the Attorney General for possible prosecution of

37-26  each prisoner who committed the act.

37-27     8.  If a prisoner is charged with committing an act described in

37-28  paragraph (d) of subsection 1 and a victim or an intended victim of

37-29  the act was an officer or employee of a prison, the prosecuting

37-30  attorney shall not dismiss the charge in exchange for a plea of guilty

37-31  [, guilty but mentally ill] or nolo contendere to a lesser charge or for

37-32  any other reason unless the prosecuting attorney knows or it is

37-33  obvious that the charge is not supported by probable cause or cannot

37-34  be proved at the time of trial.

37-35     9.  The provisions of this section do not apply to a prisoner who

37-36  commits an act described in subsection 1 if the act:

37-37     (a) Is otherwise lawful and is authorized by the warden, sheriff,

37-38  administrator or other person responsible for administering the

37-39  prison, or his designee, and the prisoner performs the act in

37-40  accordance with the directions or instructions given to him by that

37-41  person;

37-42     (b) Involves the discharge of human excrement or bodily fluid

37-43  directly from the body of the prisoner and the discharge is the direct

37-44  result of a temporary or permanent injury, disease or medical

37-45  condition afflicting the prisoner that prevents the prisoner from

38-1  having physical control over the discharge of his own excrement or

38-2  bodily fluid; or

38-3      (c) Constitutes voluntary sexual conduct with another person in

38-4  violation of the provisions of NRS 212.187.

38-5      Sec. 44.  NRS 453.3363 is hereby amended to read as follows:

38-6      453.3363  1.  If a person who has not previously been

38-7  convicted of any offense pursuant to NRS 453.011 to 453.552,

38-8  inclusive, or pursuant to any statute of the United States or of any

38-9  state relating to narcotic drugs, marijuana, or stimulant, depressant

38-10  or hallucinogenic substances tenders a plea of guilty, [guilty but

38-11  mentally ill,] nolo contendere or similar plea to a charge pursuant to

38-12  subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is

38-13  found guilty of one of those charges, the court, without entering a

38-14  judgment of conviction and with the consent of the accused, may

38-15  suspend further proceedings and place him on probation upon terms

38-16  and conditions that must include attendance and successful

38-17  completion of an educational program or, in the case of a person

38-18  dependent upon drugs, of a program of treatment and rehabilitation

38-19  pursuant to NRS 453.580.

38-20     2.  Upon violation of a term or condition, the court may enter a

38-21  judgment of conviction and proceed as provided in the section

38-22  pursuant to which the accused was charged. Notwithstanding the

38-23  provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

38-24  violation of a term or condition, the court may order the person to

38-25  the custody of the Department of Corrections.

38-26     3.  Upon fulfillment of the terms and conditions, the court shall

38-27  discharge the accused and dismiss the proceedings against him. A

38-28  nonpublic record of the dismissal must be transmitted to and

38-29  retained by the Division of Parole and Probation of the Department

38-30  of Public Safety solely for the use of the courts in determining

38-31  whether, in later proceedings, the person qualifies under this section.

38-32     4.  Except as otherwise provided in subsection 5, discharge and

38-33  dismissal under this section is without adjudication of guilt and is

38-34  not a conviction for purposes of this section or for purposes of

38-35  employment, civil rights or any statute or regulation or license or

38-36  questionnaire or for any other public or private purpose, but is a

38-37  conviction for the purpose of additional penalties imposed for

38-38  second or subsequent convictions or the setting of bail. Discharge

38-39  and dismissal restores the person discharged, in the contemplation

38-40  of the law, to the status occupied before the arrest, indictment or

38-41  information. He may not be held thereafter under any law to be

38-42  guilty of perjury or otherwise giving a false statement by reason of

38-43  failure to recite or acknowledge that arrest, indictment, information

38-44  or trial in response to an inquiry made of him for any purpose.

39-1  Discharge and dismissal under this section may occur only once

39-2  with respect to any person.

39-3      5.  A professional licensing board may consider a proceeding

39-4  under this section in determining suitability for a license or liability

39-5  to discipline for misconduct. Such a board is entitled for those

39-6  purposes to a truthful answer from the applicant or licensee

39-7  concerning any such proceeding with respect to him.

39-8      Sec. 45.  NRS 453.348 is hereby amended to read as follows:

39-9      453.348  In any proceeding brought under NRS 453.316,

39-10  453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401,

39-11  any previous convictions of the offender for a felony relating to

39-12  controlled substances must be alleged in the indictment or

39-13  information charging the primary offense, but the conviction may

39-14  not be alluded to on the trial of the primary offense nor may any

39-15  evidence of the previous offense be produced in the presence of the

39-16  jury except as otherwise prescribed by law. If the offender pleads

39-17  guilty [or guilty but mentally ill] to or is convicted of the primary

39-18  offense but denies any previous conviction charged, the court shall

39-19  determine the issue after hearing all relevant evidence. A certified

39-20  copy of a conviction of a felony is prima facie evidence of the

39-21  conviction.

39-22     Sec. 46.  NRS 453.575 is hereby amended to read as follows:

39-23     453.575  1.  If a defendant pleads guilty [or guilty but

39-24  mentally ill to,] to or is found guilty of[,] any violation of this

39-25  chapter and an analysis of a controlled substance or other substance

39-26  or drug was performed in relation to his case, the court shall include

39-27  in the sentence an order that the defendant pay the sum of $60 as a

39-28  fee for the analysis of the controlled substance or other substance or

39-29  drug.

39-30     2.  Except as otherwise provided in this subsection, any money

39-31  collected for such an analysis must not be deducted from, and is in

39-32  addition to, any fine otherwise imposed by the court and must be:

39-33     (a) Collected from the defendant before or at the same time that

39-34  the fine is collected.

39-35     (b) Stated separately in the judgment of the court or on the

39-36  court’s docket.

39-37     3.  The money collected pursuant to subsection 1 in any district,

39-38  municipal or justice’s court must be paid by the clerk of the court to

39-39  the county or city treasurer, as appropriate, on or before the fifth day

39-40  of each month for the preceding month.

39-41     4.  The board of county commissioners of each county shall by

39-42  ordinance create in the county treasury a fund to be designated as

39-43  the fund for forensic services. The governing body of each city shall

39-44  create in the city treasury a fund to be designated as the fund for

39-45  forensic services. Upon receipt, the county or city treasurer, as

40-1  appropriate, shall deposit any fee for the analyses of controlled

40-2  substances or other substances or drugs in the fund. The money

40-3  from such deposits must be accounted for separately within the

40-4  fund.

40-5      5.  Except as otherwise provided in subsection 6, each month

40-6  the treasurer shall, from the money credited to the fund pursuant to

40-7  subsection 3, pay any amount owed for forensic services and deposit

40-8  any remaining money in the county or city general fund, as

40-9  appropriate.

40-10     6.  In counties which do not receive forensic services under a

40-11  contract with the State, the money deposited in the fund for forensic

40-12  services pursuant to subsection 4 must be expended, except as

40-13  otherwise provided in this subsection:

40-14     (a) To pay for the analyses of controlled substances or other

40-15  substances or drugs performed in connection with criminal

40-16  investigations within the county;

40-17     (b) To purchase and maintain equipment to conduct these

40-18  analyses; and

40-19     (c) For the training and continuing education of the employees

40-20  who conduct these analyses.

40-21  Money from the fund must not be expended to cover the costs of

40-22  analyses conducted by, equipment used by or training for employees

40-23  of an analytical laboratory not registered with the Drug Enforcement

40-24  Administration of the United States Department of Justice.

40-25     Sec. 47.  NRS 454.358 is hereby amended to read as follows:

40-26     454.358  1.  When a defendant pleads guilty [or guilty but

40-27  mentally ill to,] to or is found guilty of[,] any violation of this

40-28  chapter and an analysis of a dangerous drug was performed in

40-29  relation to his case, the justice or judge shall include in the sentence

40-30  the sum of $50 as a fee for the analysis of the dangerous drug.

40-31     2.  The money collected for such an analysis must not be

40-32  deducted from the fine imposed by the justice or judge, but must be

40-33  taxed against the defendant in addition to the fine. The money

40-34  collected for such an analysis must be stated separately on the

40-35  court’s docket and must be included in the amount posted for bail. If

40-36  the defendant is found not guilty or the charges are dropped, the

40-37  money deposited with the court must be returned to the defendant.

40-38     3.  The money collected pursuant to subsection 1 in municipal

40-39  court must be paid by the clerk of the court to the county treasurer

40-40  on or before the [5th] fifth day of each month for the preceding

40-41  month.

40-42     4.  The money collected pursuant to subsection 1 in justices’

40-43  courts must be paid by the clerk of the court to the county treasurer

40-44  on or before the [5th] fifth day of each month for the preceding

40-45  month.

41-1      5.  The board of county commissioners of each county shall by

41-2  ordinance, before September 1, 1987, create in the county treasury a

41-3  fund to be designated as the fund for forensic services. Upon receipt,

41-4  the county treasurer shall deposit any fee for the analyses of

41-5  dangerous drugs in the fund.

41-6      6.  In counties which receive forensic services under a contract

41-7  with the State, any money in the fund for forensic services must be

41-8  paid monthly by the county treasurer to the State Treasurer for

41-9  deposit in the State General Fund, after retaining 2 percent of the

41-10  money to cover his administrative expenses.

41-11     7.  In counties which do not receive forensic services under a

41-12  contract with the State, money in the fund for forensic services must

41-13  be expended, except as otherwise provided in this subsection:

41-14     (a) To pay for the analyses of dangerous drugs performed in

41-15  connection with criminal investigations within the county;

41-16     (b) To purchase and maintain equipment to conduct these

41-17  analyses; and

41-18     (c) For the training and continuing education of the employees

41-19  who conduct these analyses.

41-20  Money from the fund must not be expended to cover the costs of

41-21  analyses conducted by, equipment used by or training for employees

41-22  of an analytical laboratory not registered with the Drug Enforcement

41-23  Administration of the United States Department of Justice.

41-24     Sec. 48.  NRS 483.560 is hereby amended to read as follows:

41-25     483.560  1.  Except as otherwise provided in subsection 2, any

41-26  person who drives a motor vehicle on a highway or on premises to

41-27  which the public has access at a time when his driver’s license has

41-28  been cancelled, revoked or suspended is guilty of a misdemeanor.

41-29     2.  Except as otherwise provided in this subsection, if the

41-30  license of the person was suspended, revoked or restricted

41-31  because of:

41-32     (a) A violation of NRS 484.379, 484.3795 or 484.384;

41-33     (b) A homicide resulting from driving or being in actual

41-34  physical control of a vehicle while under the influence of

41-35  intoxicating liquor or a controlled substance or resulting from any

41-36  other conduct prohibited by NRS 484.379 or 484.3795; or

41-37     (c) A violation of a law of any other jurisdiction that

41-38  prohibits the same or similar conduct as set forth in paragraph (a)

41-39  or (b),

41-40  the person shall be punished by imprisonment in jail for not less

41-41  than 30 days nor more than 6 months or by serving a term of

41-42  residential confinement for not less than 60 days nor more than 6

41-43  months, and shall be further punished by a fine of not less than $500

41-44  nor more than $1,000. A person who is punished pursuant to this

41-45  subsection may not be granted probation, and a sentence imposed

42-1  for such a violation may not be suspended. A prosecutor may not

42-2  dismiss a charge of such a violation in exchange for a plea of guilty

42-3  [, of guilty but mentally ill] or of nolo contendere to a lesser charge

42-4  or for any other reason, unless in his judgment the charge is not

42-5  supported by probable cause or cannot be proved at trial. The

42-6  provisions of this subsection do not apply if the period of revocation

42-7  has expired but the person has not reinstated his license.

42-8      3.  A term of imprisonment imposed pursuant to the provisions

42-9  of this section may be served intermittently at the discretion of the

42-10  judge or justice of the peace. This discretion must be exercised after

42-11  considering all the circumstances surrounding the offense, and the

42-12  family and employment of the person convicted. However, the full

42-13  term of imprisonment must be served within 6 months after the date

42-14  of conviction, and any segment of time the person is imprisoned

42-15  must not consist of less than 24 hours.

42-16     4.  Jail sentences simultaneously imposed pursuant to this

42-17  section and NRS 484.3792, 484.37937 or 484.3794 must run

42-18  consecutively.

42-19     5.  If the Department receives a record of the conviction or

42-20  punishment of any person pursuant to this section upon a charge of

42-21  driving a vehicle while his license was:

42-22     (a) Suspended, the Department shall extend the period of the

42-23  suspension for an additional like period.

42-24     (b) Revoked, the Department shall extend the period of

42-25  ineligibility for a license, permit or privilege to drive for an

42-26  additional 1 year.

42-27     (c) Restricted, the Department shall revoke his restricted license

42-28  and extend the period of ineligibility for a license, permit or

42-29  privilege to drive for an additional 1 year.

42-30     (d) Suspended or cancelled for an indefinite period, the

42-31  Department shall suspend his license for an additional 6 months for

42-32  the first violation and an additional 1 year for each subsequent

42-33  violation.

42-34     6.  Suspensions and revocations imposed pursuant to this

42-35  section must run consecutively.

42-36     Sec. 49.  NRS 484.3792 is hereby amended to read as follows:

42-37     484.3792  1.  Unless a greater penalty is provided pursuant

42-38  to NRS 484.3795, a person who violates the provisions of

42-39  NRS 484.379:

42-40     (a) For the first offense within 7 years, is guilty of a

42-41  misdemeanor. Unless he is allowed to undergo treatment as

42-42  provided in NRS 484.37937, the court shall:

42-43         (1) Except as otherwise provided in subparagraph (4) or

42-44  subsection 6, order him to pay tuition for an educational course on

42-45  the abuse of alcohol and controlled substances approved by the

43-1  Department and complete the course within the time specified in the

43-2  order, and the court shall notify the Department if he fails to

43-3  complete the course within the specified time;

43-4          (2) Unless the sentence is reduced pursuant to NRS

43-5  484.37937, sentence him to imprisonment for not less than 2 days

43-6  nor more than 6 months in jail, or to perform not less than 48 hours,

43-7  but not more than 96 hours, of community service while dressed in

43-8  distinctive garb that identifies him as having violated the provisions

43-9  of NRS 484.379;

43-10         (3) Fine him not less than $400 nor more than $1,000; and

43-11         (4) If he is found to have a concentration of alcohol of 0.18

43-12  or more in his blood or breath, order him to attend a program of

43-13  treatment for the abuse of alcohol or drugs pursuant to the

43-14  provisions of NRS 484.37945.

43-15     (b) For a second offense within 7 years, is guilty of a

43-16  misdemeanor. Unless the sentence is reduced pursuant to NRS

43-17  484.3794, the court shall:

43-18         (1) Sentence him to:

43-19             (I) Imprisonment for not less than 10 days nor more than

43-20  6 months in jail; or

43-21             (II) Residential confinement for not less than 10 days nor

43-22  more than 6 months, in the manner provided in NRS 4.376 to

43-23  4.3766, inclusive, or 5.0755 to 5.078, inclusive;

43-24         (2) Fine him not less than $750 nor more than $1,000;

43-25         (3) Order him to perform not less than 100 hours, but not

43-26  more than 200 hours, of community service while dressed in

43-27  distinctive garb that identifies him as having violated the provisions

43-28  of NRS 484.379, unless the court finds that extenuating

43-29  circumstances exist; and

43-30         (4) Order him to attend a program of treatment for the

43-31  abuse of alcohol or drugs pursuant to the provisions of

43-32  NRS 484.37945.

43-33  A person who willfully fails or refuses to complete successfully a

43-34  term of residential confinement or a program of treatment ordered

43-35  pursuant to this subsection is guilty of a misdemeanor.

43-36     (c) For a third or subsequent offense within 7 years, is guilty of

43-37  a category B felony and shall be punished by imprisonment in the

43-38  state prison for a minimum term of not less than 1 year and a

43-39  maximum term of not more than 6 years, and shall be further

43-40  punished by a fine of not less than $2,000 nor more than $5,000. An

43-41  offender so imprisoned must, insofar as practicable, be segregated

43-42  from offenders whose crimes were violent and, insofar as

43-43  practicable, be assigned to an institution or facility of minimum

43-44  security.

44-1      2.  An offense that occurred within 7 years immediately

44-2  preceding the date of the principal offense or after the principal

44-3  offense constitutes a prior offense for the purposes of this section

44-4  when evidenced by a conviction, without regard to the sequence of

44-5  the offenses and convictions. The facts concerning a prior offense

44-6  must be alleged in the complaint, indictment or information, must

44-7  not be read to the jury or proved at trial but must be proved at the

44-8  time of sentencing and, if the principal offense is alleged to be a

44-9  felony, must also be shown at the preliminary examination or

44-10  presented to the grand jury.

44-11     3.  A person convicted of violating the provisions of NRS

44-12  484.379 must not be released on probation, and a sentence imposed

44-13  for violating those provisions must not be suspended except, as

44-14  provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that

44-15  portion of the sentence imposed that exceeds the mandatory

44-16  minimum. A prosecuting attorney shall not dismiss a charge of

44-17  violating the provisions of NRS 484.379 in exchange for a plea of

44-18  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

44-19  or for any other reason unless he knows or it is obvious that the

44-20  charge is not supported by probable cause or cannot be proved at the

44-21  time of trial.

44-22     4.  A term of confinement imposed pursuant to the provisions

44-23  of this section may be served intermittently at the discretion of the

44-24  judge or justice of the peace, except that a person who is convicted

44-25  of a second or subsequent offense within 7 years must be confined

44-26  for at least one segment of not less than 48 consecutive hours. This

44-27  discretion must be exercised after considering all the circumstances

44-28  surrounding the offense, and the family and employment of the

44-29  offender, but any sentence of 30 days or less must be served within

44-30  6 months after the date of conviction or, if the offender was

44-31  sentenced pursuant to NRS 484.37937 or 484.3794 and the

44-32  suspension of his sentence was revoked, within 6 months after the

44-33  date of revocation. Any time for which the offender is confined

44-34  must consist of not less than 24 consecutive hours.

44-35     5.  Jail sentences simultaneously imposed pursuant to this

44-36  section and NRS 482.456, 483.560 or 485.330 must run

44-37  consecutively.

44-38     6.  If the person who violated the provisions of NRS 484.379

44-39  possesses a driver’s license issued by a state other than the State of

44-40  Nevada and does not reside in the State of Nevada, in carrying out

44-41  the provisions of subparagraph (1) of paragraph (a) of subsection 1,

44-42  the court shall:

44-43     (a) Order the person to pay tuition for and submit evidence of

44-44  completion of an educational course on the abuse of alcohol and

45-1  controlled substances approved by a governmental agency of the

45-2  state of his residence within the time specified in the order; or

45-3      (b) Order him to complete an educational course by

45-4  correspondence on the abuse of alcohol and controlled substances

45-5  approved by the Department within the time specified in the

45-6  order,

45-7  and the court shall notify the Department if the person fails to

45-8  complete the assigned course within the specified time.

45-9      7.  If the defendant was transporting a person who is less than

45-10  15 years of age in the motor vehicle at the time of the violation, the

45-11  court shall consider that fact as an aggravating factor in determining

45-12  the sentence of the defendant.

45-13     8.  As used in this section, unless the context otherwise

45-14  requires:

45-15     (a) “Concentration of alcohol of 0.18 or more in his blood or

45-16  breath” means 0.18 gram or more of alcohol per 100 milliliters of

45-17  the blood of a person or per 210 liters of this breath.

45-18     (b) “Offense” means:

45-19         (1) A violation of NRS 484.379 or 484.3795;

45-20         (2) A homicide resulting from driving or being in actual

45-21  physical control of a vehicle while under the influence of

45-22  intoxicating liquor or a controlled substance or resulting from any

45-23  other conduct prohibited by NRS 484.379 or 484.3795; or

45-24         (3) A violation of a law of any other jurisdiction that

45-25  prohibits the same or similar conduct as set forth in paragraph (a)

45-26  or (b).

45-27     Sec. 50.  NRS 484.3795 is hereby amended to read as follows:

45-28     484.3795  1.  A person who:

45-29     (a) Is under the influence of intoxicating liquor;

45-30     (b) Has a concentration of alcohol of 0.10 or more in his blood

45-31  or breath;

45-32     (c) Is found by measurement within 2 hours after driving or

45-33  being in actual physical control of a vehicle to have a concentration

45-34  of alcohol of 0.10 or more in his blood or breath;

45-35     (d) Is under the influence of a controlled substance or is under

45-36  the combined influence of intoxicating liquor and a controlled

45-37  substance;

45-38     (e) Inhales, ingests, applies or otherwise uses any chemical,

45-39  poison or organic solvent, or any compound or combination of any

45-40  of these, to a degree which renders him incapable of safely driving

45-41  or exercising actual physical control of a vehicle; or

45-42     (f) Has a prohibited substance in his blood or urine in an amount

45-43  that is equal to or greater than the amount set forth in subsection 3

45-44  of NRS 484.379,

46-1  and does any act or neglects any duty imposed by law while driving

46-2  or in actual physical control of any vehicle on or off the highways of

46-3  this state, if the act or neglect of duty proximately causes the death

46-4  of, or substantial bodily harm to, a person other than himself, is

46-5  guilty of a category B felony and shall be punished by imprisonment

46-6  in the state prison for a minimum term of not less than 2 years and a

46-7  maximum term of not more than 20 years and must be further

46-8  punished by a fine of not less than $2,000 nor more than $5,000. A

46-9  person so imprisoned must, insofar as practicable, be segregated

46-10  from offenders whose crimes were violent and, insofar as

46-11  practicable, be assigned to an institution or facility of minimum

46-12  security.

46-13     2.  A prosecuting attorney shall not dismiss a charge of

46-14  violating the provisions of subsection 1 in exchange for a plea of

46-15  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

46-16  or for any other reason unless he knows or it is obvious that the

46-17  charge is not supported by probable cause or cannot be proved at the

46-18  time of trial. A sentence imposed pursuant to subsection 1 may not

46-19  be suspended nor may probation be granted.

46-20     3.  If consumption is proven by a preponderance of the

46-21  evidence, it is an affirmative defense under paragraph (c) of

46-22  subsection 1 that the defendant consumed a sufficient quantity of

46-23  alcohol after driving or being in actual physical control of the

46-24  vehicle, and before his blood or breath was tested, to cause him to

46-25  have a concentration of alcohol of 0.10 or more in his blood or

46-26  breath. A defendant who intends to offer this defense at a trial

46-27  or preliminary hearing must, not less than 14 days before the trial or

46-28  hearing or at such other time as the court may direct, file and serve

46-29  on the prosecuting attorney a written notice of that intent.

46-30     4.  If the defendant was transporting a person who is less than

46-31  15 years of age in the motor vehicle at the time of the violation, the

46-32  court shall consider that fact as an aggravating factor in determining

46-33  the sentence of the defendant.

46-34     Sec. 51.  NRS 484.3797 is hereby amended to read as follows:

46-35     484.3797  1.  The judge or judges in each judicial district shall

46-36  cause the preparation and maintenance of a list of the panels of

46-37  persons who:

46-38     (a) Have been injured or had members of their families or close

46-39  friends injured or killed by a person who was driving or in actual

46-40  physical control of a vehicle while under the influence of

46-41  intoxicating liquor or a controlled substance or who was engaging in

46-42  any other conduct prohibited by NRS 484.379 or 484.3795 or a law

46-43  of any other jurisdiction that prohibits the same or similar conduct;

46-44  and

47-1      (b) Have, by contacting the judge or judges in the district,

47-2  expressed their willingness to discuss collectively the personal

47-3  effect of those crimes.

47-4  The list must include the name and telephone number of the person

47-5  to be contacted regarding each such panel and a schedule of times

47-6  and locations of the meetings of each such panel. The judge or

47-7  judges shall establish, in cooperation with representatives of the

47-8  members of the panels, a fee, if any, to be paid by defendants who

47-9  are ordered to attend a meeting of the panel. The amount of the fee,

47-10  if any, must be reasonable. The panel may not be operated for profit.

47-11     2.  Except as otherwise provided in this subsection, if a

47-12  defendant pleads guilty [or guilty but mentally ill to,] to or is found

47-13  guilty of[,] any violation of NRS 484.379 or 484.3795, the court

47-14  shall, in addition to imposing any other penalties provided by law,

47-15  order the defendant to:

47-16     (a) Attend, at the defendant’s expense, a meeting of a panel of

47-17  persons who have been injured or had members of their families or

47-18  close friends injured or killed by a person who was driving or in

47-19  actual physical control of a vehicle while under the influence of

47-20  intoxicating liquor or a controlled substance or who was engaging in

47-21  any other conduct prohibited by NRS 484.379 or 484.3795 or a law

47-22  of any other jurisdiction that prohibits the same or similar conduct,

47-23  in order to have the defendant understand the effect such a crime has

47-24  on other persons; and

47-25     (b) Pay the fee, if any, established by the court pursuant to

47-26  subsection 1.

47-27  The court may, but is not required to, order the defendant to attend

47-28  such a meeting if one is not available within 60 miles of the

47-29  defendant’s residence.

47-30     3.  A person ordered to attend a meeting pursuant to subsection

47-31  2 shall, after attending the meeting, present evidence or other

47-32  documentation satisfactory to the court that he attended the meeting

47-33  and remained for its entirety.

47-34     Sec. 52.  NRS 484.3798 is hereby amended to read as follows:

47-35     484.3798  1.  If a defendant pleads guilty [or guilty but

47-36  mentally ill to,] to or is found guilty of[,] any violation of NRS

47-37  484.379 or 484.3795 and a chemical analysis of his blood, urine,

47-38  breath or other bodily substance was conducted, the court shall, in

47-39  addition to any penalty provided by law, order the defendant to pay

47-40  the sum of $60 as a fee for the chemical analysis. Except as

47-41  otherwise provided in this subsection, any money collected for the

47-42  chemical analysis must not be deducted from, and is in addition to,

47-43  any fine otherwise imposed by the court and must be:

47-44     (a) Collected from the defendant before or at the same time that

47-45  the fine is collected.

48-1      (b) Stated separately in the judgment of the court or on the

48-2  court’s docket.

48-3      2.  All money collected pursuant to subsection 1 must be paid

48-4  by the clerk of the court to the county or city treasurer, as

48-5  appropriate, on or before the fifth day of each month for the

48-6  preceding month.

48-7      3.  The treasurer shall deposit all money received by him

48-8  pursuant to subsection 2 in the county or city treasury, as

48-9  appropriate, for credit to the fund for forensic services created

48-10  pursuant to NRS 453.575. The money must be accounted for

48-11  separately within the fund.

48-12     4.  Except as otherwise provided in subsection 5, each month

48-13  the treasurer shall, from the money credited to the fund pursuant to

48-14  subsection 3, pay any amount owed for forensic services and deposit

48-15  any remaining money in the county or city general fund, as

48-16  appropriate.

48-17     5.  In counties that do not receive forensic services under a

48-18  contract with the State, the money credited to the fund pursuant to

48-19  subsection 3:

48-20     (a) Except as otherwise provided in paragraph (b), must be:

48-21         (1) Expended to pay for the chemical analyses performed

48-22  within the county;

48-23         (2) Expended to purchase and maintain equipment to conduct

48-24  such analyses;

48-25         (3) Expended for the training and continuing education of the

48-26  employees who conduct such analyses; and

48-27         (4) Paid to law enforcement agencies which conduct such

48-28  analyses to be used by those agencies in the manner provided in this

48-29  subsection.

48-30     (b) May only be expended to cover the costs of chemical

48-31  analyses conducted by, equipment used by, or training for

48-32  employees of an analytical laboratory that is approved by the

48-33  committee on testing for intoxication created in NRS 484.388.

48-34     Sec. 53.  NRS 484.3945 is hereby amended to read as follows:

48-35     484.3945  1.  A person required to install a device pursuant to

48-36  NRS 484.3943 shall not operate a motor vehicle without a device or

48-37  tamper with the device.

48-38     2.  A person who violates any provision of subsection 1:

48-39     (a) Must have his driving privilege revoked in the manner set

48-40  forth in subsection 4 of NRS 483.460; and

48-41     (b) Shall be:

48-42         (1) Punished by imprisonment in jail for not less than 30

48-43  days nor more than 6 months; or

49-1          (2) Sentenced to a term of not less than 60 days in residential

49-2  confinement nor more than 6 months, and by a fine of not less than

49-3  $500 nor more than $1,000.

49-4  No person who is punished pursuant to this section may be granted

49-5  probation , and no sentence imposed for such a violation may be

49-6  suspended. No prosecutor may dismiss a charge of such a violation

49-7  in exchange for a plea of guilty[, of guilty but mentally ill] or of

49-8  nolo contendere to a lesser charge or for any other reason unless, in

49-9  his judgment, the charge is not supported by probable cause or

49-10  cannot be proved at trial.

49-11     Sec. 54.  NRS 488.420 is hereby amended to read as follows:

49-12     488.420  1.  A person who:

49-13     (a) Is under the influence of intoxicating liquor;

49-14     (b) Has a concentration of alcohol of 0.10 or more in his blood

49-15  or breath;

49-16     (c) Is found by measurement within 2 hours after operating or

49-17  being in actual physical control of a vessel under power or sail to

49-18  have a concentration of alcohol of 0.10 or more in his blood or

49-19  breath;

49-20     (d) Is under the influence of a controlled substance or is under

49-21  the combined influence of intoxicating liquor and a controlled

49-22  substance;

49-23     (e) Inhales, ingests, applies or otherwise uses any chemical,

49-24  poison or organic solvent, or any compound or combination of any

49-25  of these, to a degree which renders him incapable of safely

49-26  operating or being in actual physical control of a vessel under power

49-27  or sail; or

49-28     (f) Has a prohibited substance in his blood or urine in an amount

49-29  that is equal to or greater than the amount set forth in subsection 3

49-30  of NRS 488.410,

49-31  and does any act or neglects any duty imposed by law while

49-32  operating or being in actual physical control of any vessel under

49-33  power or sail, if the act or neglect of duty proximately causes the

49-34  death of, or substantial bodily harm to, a person other than himself,

49-35  is guilty of a category B felony and shall be punished by

49-36  imprisonment in the state prison for a minimum term of not less

49-37  than 2 years and a maximum term of not more than 20 years and

49-38  shall be further punished by a fine of not less than $2,000 nor more

49-39  than $5,000. A person so imprisoned must, insofar as practicable, be

49-40  segregated from offenders whose crimes were violent and, insofar as

49-41  practicable, be assigned to an institution or facility of minimum

49-42  security.

49-43     2.  A prosecuting attorney shall not dismiss a charge of

49-44  violating the provisions of subsection 1 in exchange for a plea of

49-45  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

50-1  or for any other reason unless he knows or it is obvious that the

50-2  charge is not supported by probable cause or cannot be proved at the

50-3  time of trial. A sentence imposed pursuant to subsection 1 must not

50-4  be suspended, and probation must not be granted.

50-5      3.  If consumption is proven by a preponderance of the

50-6  evidence, it is an affirmative defense under paragraph (c) of

50-7  subsection 1 that the defendant consumed a sufficient quantity of

50-8  alcohol after operating or being in actual physical control of the

50-9  vessel under power or sail, and before his blood was tested, to cause

50-10  him to have a concentration of alcohol of 0.10 or more in his blood

50-11  or breath. A defendant who intends to offer this defense at a trial or

50-12  preliminary hearing must, not less than 14 days before the trial or

50-13  hearing or at such other time as the court may direct, file and serve

50-14  on the prosecuting attorney a written notice of that intent.

50-15     4.  If a person less than 15 years of age was in the vessel at the

50-16  time of the defendant’s violation, the court shall consider that fact as

50-17  an aggravating factor in determining the sentence of the defendant.

50-18     Sec. 55.  NRS 488.440 is hereby amended to read as follows:

50-19     488.440  1.  If a defendant pleads guilty [or guilty but

50-20  mentally ill to,] to or is found guilty of, a violation of NRS 488.410

50-21  or 488.420 and a chemical analysis of his blood, urine, breath or

50-22  other bodily substance was conducted, the court shall, in addition to

50-23  any penalty provided by law, order the defendant to pay the sum of

50-24  $60 as a fee for the chemical analysis. Except as otherwise provided

50-25  in this subsection, any money collected for the chemical analysis

50-26  must not be deducted from, and is in addition to, any fine otherwise

50-27  imposed by the court and must be:

50-28     (a) Collected from the defendant before or at the same time that

50-29  the fine is collected.

50-30     (b) Stated separately in the judgment of the court or on the

50-31  court’s docket.

50-32     2.  All money collected pursuant to subsection 1 must be paid

50-33  by the clerk of the court to the county or city treasurer, as

50-34  appropriate, on or before the fifth day of each month for the

50-35  preceding month.

50-36     3.  The treasurer shall deposit all money received by him

50-37  pursuant to subsection 2 in the county or city treasury, as

50-38  appropriate, for credit to the fund for forensic services created

50-39  pursuant to NRS 453.575. The money must be accounted for

50-40  separately within the fund.

50-41     4.  Except as otherwise provided in subsection 5, each month

50-42  the treasurer shall, from the money credited to the fund pursuant to

50-43  subsection 3, pay any amount owed for forensic services and deposit

50-44  any remaining money in the county or city general fund, as

50-45  appropriate.

51-1      5.  In counties that do not receive forensic services under a

51-2  contract with the State, the money credited to the fund pursuant to

51-3  subsection 3:

51-4      (a) Except as otherwise provided in paragraph (b), must be:

51-5          (1) Expended to pay for the chemical analyses performed

51-6  within the county;

51-7          (2) Expended to purchase and maintain equipment to conduct

51-8  such analyses;

51-9          (3) Expended for the training and continuing education of the

51-10  employees who conduct such analyses; and

51-11         (4) Paid to law enforcement agencies which conduct such

51-12  analyses to be used by those agencies in the manner provided in this

51-13  subsection.

51-14     (b) May only be expended to cover the costs of chemical

51-15  analyses conducted by, equipment used by or training for employees

51-16  of an analytical laboratory that is approved by the committee on

51-17  testing for intoxication created in NRS 484.388.

51-18     Sec. 56.  NRS 489.421 is hereby amended to read as follows:

51-19     489.421  The following grounds, among others, constitute

51-20  grounds for disciplinary action under NRS 489.381:

51-21     1.  Revocation or denial of a license issued pursuant to this

51-22  chapter or an equivalent license in any other state, territory or

51-23  country.

51-24     2.  Failure of the licensee to maintain any other license required

51-25  by any political subdivision of this state.

51-26     3.  Failure to respond to a notice served by the Division as

51-27  provided by law within the time specified in the notice.

51-28     4.  Failure to take the corrective action required in a notice of

51-29  violation issued pursuant to NRS 489.291.

51-30     5.  Failure or refusing to permit access by the Administrator to

51-31  documentary materials set forth in NRS 489.231.

51-32     6.  Disregarding or violating any order of the Administrator,

51-33  any agreement with the Division, or any provision of this chapter or

51-34  any regulation adopted under it.

51-35     7.  Conviction of a misdemeanor for violation of any of the

51-36  provisions of this chapter.

51-37     8.  Conviction of or entering a plea of guilty[, guilty but

51-38  mentally ill] or nolo contendere to a felony or a crime of moral

51-39  turpitude in this state or any other state, territory or country.

51-40     9.  Any other conduct that constitutes deceitful, fraudulent or

51-41  dishonest dealing.

51-42     Sec. 57.  NRS 616A.250 is hereby amended to read as follows:

51-43     616A.250  “Incarcerated” means confined in:

52-1      1.  Any local detention facility, county jail, state prison,

52-2  reformatory or other correctional facility as a result of a conviction

52-3  or a plea of guilty or nolo contendere in a criminal proceeding; or

52-4      2.  Any institution or facility for the mentally ill as a result

52-5  of a plea of not guilty by reason of insanity in a criminal

52-6  proceeding,

52-7  in this state, another state or a foreign country.

52-8      Sec. 58.  NRS 624.265 is hereby amended to read as follows:

52-9      624.265  1.  An applicant for a contractor’s license or a

52-10  licensed contractor and each officer, director, partner and associate

52-11  thereof must possess good character. Lack of character may be

52-12  established by showing that the applicant or licensed contractor, or

52-13  any officer, director, partner or associate thereof, has:

52-14     (a) Committed any act which would be grounds for the denial,

52-15  suspension or revocation of a contractor’s license;

52-16     (b) A bad reputation for honesty and integrity;

52-17     (c) Entered a plea of nolo contendere[, guilty] or guilty [but

52-18  mentally ill] to, been found guilty of or been convicted of a crime

52-19  arising out of, in connection with or related to the activities of such

52-20  person in such a manner as to demonstrate his unfitness to act as a

52-21  contractor, and the time for appeal has elapsed or the judgment of

52-22  conviction has been affirmed on appeal; or

52-23     (d) Had a license revoked or suspended for reasons that would

52-24  preclude the granting or renewal of a license for which the

52-25  application has been made.

52-26     2.  Upon the request of the Board, an applicant for a

52-27  contractor’s license, and any officer, director, partner or associate of

52-28  the applicant, must submit to the Board completed fingerprint cards

52-29  and a form authorizing an investigation of the applicant’s

52-30  background and the submission of his fingerprints to the Central

52-31  Repository for Nevada Records of Criminal History and the Federal

52-32  Bureau of Investigation. The fingerprint cards and authorization

52-33  form submitted must be those that are provided to the applicant by

52-34  the Board. The applicant’s fingerprints may be taken by an agent of

52-35  the Board or an agency of law enforcement.

52-36     3.  The Board shall keep the results of the investigation

52-37  confidential and not subject to inspection by the general public.

52-38     4.  The Board shall establish by regulation the fee for

52-39  processing the fingerprints to be paid by the applicant. The fee must

52-40  not exceed the sum of the amounts charged by the Central

52-41  Repository for Nevada Records of Criminal History and the Federal

52-42  Bureau of Investigation for processing the fingerprints.

52-43     5.  The Board may obtain records of a law enforcement agency

52-44  or any other agency that maintains records of criminal history,

52-45  including, without limitation, records of:

53-1      (a) Arrests;

53-2      (b) Guilty pleas;

53-3      (c) Sentencing;

53-4      (d) Probation;

53-5      (e) Parole;

53-6      (f) Bail;

53-7      (g) Complaints; and

53-8      (h) Final dispositions,

53-9  for the investigation of a licensee or an applicant for a contractor’s

53-10  license.

53-11     Sec. 59.  NRS 632.320 is hereby amended to read as follows:

53-12     632.320  The Board may deny, revoke or suspend any license

53-13  or certificate applied for or issued pursuant to this chapter, or take

53-14  other disciplinary action against a licensee or holder of a certificate,

53-15  upon determining that he:

53-16     1.  Is guilty of fraud or deceit in procuring or attempting to

53-17  procure a license or certificate pursuant to this chapter.

53-18     2.  Is guilty of a felony or any offense:

53-19     (a) Involving moral turpitude; or

53-20     (b) Related to the qualifications, functions or duties of a licensee

53-21  or holder of a certificate,

53-22  in which case the record of conviction is conclusive evidence

53-23  thereof.

53-24     3.  Has been convicted of violating any of the provisions of

53-25  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

53-26  inclusive.

53-27     4.  Is unfit or incompetent by reason of gross negligence or

53-28  recklessness in carrying out usual nursing functions.

53-29     5.  Uses any controlled substance, dangerous drug as defined in

53-30  chapter 454 of NRS, or intoxicating liquor to an extent or in a

53-31  manner which is dangerous or injurious to any other person or

53-32  which impairs his ability to conduct the practice authorized by his

53-33  license or certificate.

53-34     6.  Is mentally incompetent.

53-35     7.  Is guilty of unprofessional conduct, which includes, but is

53-36  not limited to, the following:

53-37     (a) Conviction of practicing medicine without a license in

53-38  violation of chapter 630 of NRS, in which case the record of

53-39  conviction is conclusive evidence thereof.

53-40     (b) Impersonating any applicant or acting as proxy for an

53-41  applicant in any examination required pursuant to this chapter for

53-42  the issuance of a license or certificate.

53-43     (c) Impersonating another licensed practitioner or holder of a

53-44  certificate.

54-1      (d) Permitting or allowing another person to use his license or

54-2  certificate to practice as a licensed practical nurse, registered nurse

54-3  or nursing assistant.

54-4      (e) Repeated malpractice, which may be evidenced by claims of

54-5  malpractice settled against him.

54-6      (f) Physical, verbal or psychological abuse of a patient.

54-7      (g) Conviction for the use or unlawful possession of a controlled

54-8  substance or dangerous drug as defined in chapter 454 of NRS.

54-9      8.  Has willfully or repeatedly violated the provisions of this

54-10  chapter. The voluntary surrender of a license or certificate issued

54-11  pursuant to this chapter is prima facie evidence that the licensee or

54-12  certificate holder has committed or expects to commit a violation of

54-13  this chapter.

54-14     9.  Is guilty of aiding or abetting any person in a violation of

54-15  this chapter.

54-16     10.  Has falsified an entry on a patient’s medical chart

54-17  concerning a controlled substance.

54-18     11.  Has falsified information which was given to a physician,

54-19  pharmacist, podiatric physician or dentist to obtain a controlled

54-20  substance.

54-21     12.  Has been disciplined in another state in connection with a

54-22  license to practice nursing or a certificate to practice as a nursing

54-23  assistant or has committed an act in another state which would

54-24  constitute a violation of this chapter.

54-25     13.  Has engaged in conduct likely to deceive, defraud or

54-26  endanger a patient or the general public.

54-27     14.  Has willfully failed to comply with a regulation, subpoena

54-28  or order of the Board.

54-29  For the purposes of this section, a plea or verdict of guilty [or guilty

54-30  but mentally ill] or a plea of nolo contendere constitutes a

54-31  conviction of an offense. The Board may take disciplinary action

54-32  pending the appeal of a conviction.

54-33     Sec. 60.  NRS 639.006 is hereby amended to read as follows:

54-34     639.006  “Conviction” means a plea or verdict of guilty [or

54-35  guilty but mentally ill] or a conviction following a plea of nolo

54-36  contendere to a charge of a felony, any offense involving moral

54-37  turpitude or any violation of the provisions of this chapter or chapter

54-38  453 or 454 of NRS.

54-39     Sec. 61.  NRS 645.330 is hereby amended to read as follows:

54-40     645.330  1.  Except as otherwise provided by specific statute,

54-41  the Division may approve an application for a license for a person

54-42  who meets all the following requirements:

54-43     (a) Has a good reputation for honesty, trustworthiness and

54-44  integrity and who offers proof of those qualifications satisfactory to

54-45  the Division.

55-1      (b) Has not made a false statement of material fact on his

55-2  application.

55-3      (c) Is competent to transact the business of a real estate broker,

55-4  broker-salesman or salesman in a manner which will safeguard the

55-5  interests of the public.

55-6      (d) Has submitted the statement required pursuant to NRS

55-7  645.358 if the person is a natural person.

55-8      (e) Has passed the examination.

55-9      2.  The Division:

55-10     (a) May deny a license to any person who has been convicted of,

55-11  or entered a plea of guilty[, guilty but mentally ill] or nolo

55-12  contendere to, forgery, embezzlement, obtaining money under false

55-13  pretenses, larceny, extortion, conspiracy to defraud, engaging in a

55-14  real estate business without a license, possessing for the purpose of

55-15  sale any controlled substance or any crime involving moral

55-16  turpitude, in any court of competent jurisdiction in the United States

55-17  or elsewhere; and

55-18     (b) Shall not issue a license to such a person until at least 3 years

55-19  after:

55-20         (1) The person pays any fine or restitution ordered by the

55-21  court; or

55-22         (2) The expiration of the period of the person’s parole,

55-23  probation or sentence,

55-24  whichever is later.

55-25     3.  Suspension or revocation of a license pursuant to this

55-26  chapter or any prior revocation or current suspension in this or any

55-27  other state, district or territory of the United States or any foreign

55-28  country within 10 years before the date of the application is grounds

55-29  for refusal to grant a license.

55-30     4.  A person may not be licensed as a real estate broker unless

55-31  he has been actively engaged as a full-time licensed real estate

55-32  broker-salesman or salesman in this state, or actively engaged as a

55-33  full-time licensed real estate broker, broker-salesman or salesman in

55-34  another state or the District of Columbia, for at least 2 of the 4 years

55-35  immediately preceding the issuance of a broker’s license.

55-36     Sec. 62.  NRS 645.350 is hereby amended to read as follows:

55-37     645.350  1.  An application for a license as a real estate broker,

55-38  broker-salesman or salesman must be submitted in writing to the

55-39  Division upon blanks prepared or furnished by the Division.

55-40     2.  Every application for a real estate broker’s, broker-

55-41  salesman’s or salesman’s license must set forth the following

55-42  information:

55-43     (a) The name, age and address of the applicant. If the applicant

55-44  is a partnership or an association which is applying to do business as

55-45  a real estate broker, the application must contain the name and

56-1  address of each member thereof. If the application is for a

56-2  corporation which is applying to do business as a real estate

56-3  salesman, real estate broker-salesman or real estate broker, the

56-4  application must contain the name and address of each officer and

56-5  director thereof. If the applicant is a limited-liability company which

56-6  is applying to do business as a real estate broker, the company’s

56-7  articles of organization must designate a manager, and the name and

56-8  address of the manager and each member must be listed in the

56-9  application.

56-10     (b) In the case of a broker, the name under which the business is

56-11  to be conducted. The name is a fictitious name if it does not contain

56-12  the name of the applicant or the names of the members of the

56-13  applicant’s company, firm, partnership or association. Except as

56-14  otherwise provided in NRS 645.387, a license must not be issued

56-15  under a fictitious name which includes the name of a real estate

56-16  salesman or broker-salesman. A license must not be issued under the

56-17  same fictitious name to more than one licensee within the State. All

56-18  licensees doing business under a fictitious name shall comply with

56-19  other pertinent statutory regulations regarding the use of fictitious

56-20  names.

56-21     (c) In the case of a broker, the place or places, including the

56-22  street number, city and county, where the business is to be

56-23  conducted.

56-24     (d) If the applicant is a natural person, the social security

56-25  number of the applicant.

56-26     (e) The business or occupation engaged in by the applicant for at

56-27  least 2 years immediately preceding the date of the application, and

56-28  the location thereof.

56-29     (f) The time and place of the applicant’s previous experience in

56-30  the real estate business as a broker or salesman.

56-31     (g) Whether the applicant has ever been convicted of or is under

56-32  indictment for a felony or has entered a plea of guilty[, guilty but

56-33  mentally ill] or nolo contendere to a charge of felony, and if so, the

56-34  nature of the felony.

56-35     (h) Whether the applicant has been convicted of or entered a

56-36  plea of nolo contendere to forgery, embezzlement, obtaining money

56-37  under false pretenses, larceny, extortion, conspiracy to defraud,

56-38  engaging in the business of selling real estate without a license or

56-39  any crime involving moral turpitude.

56-40     (i) Whether the applicant has been refused a real estate broker’s,

56-41  broker-salesman’s or salesman’s license in any state, or whether his

56-42  license as a broker or salesman has been revoked or suspended by

56-43  any other state, district or territory of the United States or any other

56-44  country.

57-1      (j) If the applicant is a member of a limited-liability company,

57-2  partnership or association, or an officer of a corporation, the name

57-3  and address of the office of the limited-liability company,

57-4  partnership, association or corporation of which the applicant is a

57-5  member or officer.

57-6      3.  An applicant for a license as a broker-salesman or salesman

57-7  shall provide a verified statement from the broker with whom he

57-8  will be associated, expressing the intent of that broker to associate

57-9  the applicant with him and to be responsible for the applicant’s

57-10  activities as a licensee.

57-11     4.  If a limited-liability company, partnership or association is

57-12  to do business as a real estate broker, the application for a broker’s

57-13  license must be verified by at least two members thereof. If a

57-14  corporation is to do business as a real estate broker, the application

57-15  must be verified by the president and the secretary thereof.

57-16     Sec. 63.  NRS 645.350 is hereby amended to read as follows:

57-17     645.350  1.  Application for license as a real estate broker,

57-18  broker-salesman or salesman must be made in writing to the

57-19  Division upon blanks prepared or furnished by the Division.

57-20     2.  Every application for a real estate broker’s, broker-

57-21  salesman’s or salesman’s license must set forth the following

57-22  information:

57-23     (a) The name, age and address of the applicant. If the applicant

57-24  is a partnership or an association which is applying to do business as

57-25  a real estate broker, the application must contain the name and

57-26  address of each member thereof. If the application is for a

57-27  corporation which is applying to do business as a real estate

57-28  salesman, real estate broker-salesman or real estate broker, the

57-29  application must contain the name and address of each officer and

57-30  director thereof. If the applicant is a limited-liability company which

57-31  is applying to do business as a real estate broker, the company’s

57-32  articles of organization must designate a manager, and the name and

57-33  address of the manager and each member must be listed in the

57-34  application.

57-35     (b) In the case of a broker, the name under which the business is

57-36  to be conducted. The name is a fictitious name if it does not contain

57-37  the name of the applicant or the names of the members of the

57-38  applicant’s company, firm, partnership or association. Except as

57-39  otherwise provided in NRS 645.387, a license must not be issued

57-40  under a fictitious name which includes the name of a real estate

57-41  salesman or broker-salesman. A license must not be issued under the

57-42  same fictitious name to more than one licensee within the State. All

57-43  licensees doing business under a fictitious name shall comply with

57-44  other pertinent statutory regulations regarding the use of fictitious

57-45  names.

58-1      (c) In the case of a broker, the place or places, including the

58-2  street number, city and county, where the business is to be

58-3  conducted.

58-4      (d) The business or occupation engaged in by the applicant for

58-5  at least 2 years immediately preceding the date of the application,

58-6  and the location thereof.

58-7      (e) The time and place of the applicant’s previous experience in

58-8  the real estate business as a broker or salesman.

58-9      (f) Whether the applicant has ever been convicted of or is under

58-10  indictment for a felony or has entered a plea of guilty[, guilty but

58-11  mentally ill] or nolo contendere to a charge of felony, and if so, the

58-12  nature of the felony.

58-13     (g) Whether the applicant has been convicted of or entered a

58-14  plea of nolo contendere to forgery, embezzlement, obtaining money

58-15  under false pretenses, larceny, extortion, conspiracy to defraud,

58-16  engaging in the business of selling real estate without a license or

58-17  any crime involving moral turpitude.

58-18     (h) Whether the applicant has been refused a real estate broker’s,

58-19  broker-salesman’s or salesman’s license in any state, or whether his

58-20  license as a broker or salesman has been revoked or suspended by

58-21  any other state, district or territory of the United States or any other

58-22  country.

58-23     (i) If the applicant is a member of a limited-liability company,

58-24  partnership or association, or an officer of a corporation, the name

58-25  and address of the office of the limited-liability company,

58-26  partnership, association or corporation of which the applicant is a

58-27  member or officer.

58-28     3.  An applicant for a license as a broker-salesman or salesman

58-29  shall provide a verified statement from the broker with whom he

58-30  will be associated, expressing the intent of that broker to associate

58-31  the applicant with him and to be responsible for the applicant’s

58-32  activities as a licensee.

58-33     4.  If a limited-liability company, partnership or association is

58-34  to do business as a real estate broker, the application for a broker’s

58-35  license must be verified by at least two members thereof. If a

58-36  corporation is to do business as a real estate broker, the application

58-37  must be verified by the president and the secretary thereof.

58-38     Sec. 64.  NRS 645.633 is hereby amended to read as follows:

58-39     645.633  1.  The Commission may take action pursuant to

58-40  NRS 645.630 against any person subject to that section who is

58-41  guilty of:

58-42     (a) Willfully using any trade name, service mark or insigne of

58-43  membership in any real estate organization of which the licensee is

58-44  not a member, without the legal right to do so.

59-1      (b) Violating any order of the Commission, any agreement with

59-2  the Division, any of the provisions of this chapter, chapter 116, 119,

59-3  119A, 119B, 645A or 645C of NRS or any regulation adopted

59-4  thereunder.

59-5      (c) Paying a commission, compensation or a finder’s fee to any

59-6  person for performing the services of a broker, broker-salesman or

59-7  salesman who has not secured his license pursuant to this chapter.

59-8  This subsection does not apply to payments to a broker who is

59-9  licensed in his state of residence.

59-10     (d) A felony, or has entered a plea of guilty[, guilty but

59-11  mentally ill] or nolo contendere to a charge of felony or any crime

59-12  involving fraud, deceit, misrepresentation or moral turpitude.

59-13     (e) Guaranteeing, or having authorized or permitted any person

59-14  to guarantee, future profits which may result from the resale of real

59-15  property.

59-16     (f) Failure to include a fixed date of expiration in any written

59-17  brokerage agreement or to leave a copy of the brokerage agreement

59-18  with the client.

59-19     (g) Accepting, giving or charging any undisclosed commission,

59-20  rebate or direct profit on expenditures made for a client.

59-21     (h) Gross negligence or incompetence in performing any act for

59-22  which he is required to hold a license pursuant to this chapter,

59-23  chapter 119, 119A or 119B of NRS.

59-24     (i) Any other conduct which constitutes deceitful, fraudulent or

59-25  dishonest dealing.

59-26     (j) Any conduct which took place before he became licensed,

59-27  which was in fact unknown to the Division and which would have

59-28  been grounds for denial of a license had the Division been aware of

59-29  the conduct.

59-30     (k) Knowingly permitting any person whose license has been

59-31  revoked or suspended to act as a real estate broker, broker-salesman

59-32  or salesman, with or on behalf of the licensee.

59-33     (l) Recording or causing to be recorded a claim pursuant to the

59-34  provisions of NRS 645.8701 to 645.8811, inclusive, that is

59-35  determined by a district court to be frivolous and made without

59-36  reasonable cause pursuant to NRS 645.8791.

59-37     2.  The Commission may take action pursuant to NRS 645.630

59-38  against a person who is subject to that section for the suspension or

59-39  revocation of a real estate broker’s, broker-salesman’s or salesman’s

59-40  license issued to him by any other jurisdiction.

59-41     3.  The Commission may take action pursuant to NRS 645.630

59-42  against any person who:

59-43     (a) Holds a permit to engage in property management issued

59-44  pursuant to NRS 645.6052; and

60-1      (b) In connection with any property for which the person has

60-2  obtained a written brokerage agreement to manage the property

60-3  pursuant to NRS 645.6056:

60-4          (1) Is convicted of violating any of the provisions of

60-5  NRS 202.470;

60-6          (2) Has been notified in writing by the appropriate

60-7  governmental agency of a potential violation of NRS 244.360,

60-8  244.3603 or 268.4124, and has failed to inform the owner of the

60-9  property of such notification; or

60-10         (3) Has been directed in writing by the owner of the property

60-11  to correct a potential violation of NRS 244.360, 244.3603 or

60-12  268.4124, and has failed to correct the potential violation, if such

60-13  corrective action is within the scope of the person’s duties pursuant

60-14  to the written brokerage agreement.

60-15     4.  The Division shall maintain a log of any complaints that it

60-16  receives relating to activities for which the Commission may take

60-17  action against a person holding a permit to engage in property

60-18  management pursuant to subsection 3.

60-19     5.  On or before February 1 of each odd-numbered year, the

60-20  Division shall submit to the Director of the Legislative Counsel

60-21  Bureau a written report setting forth, for the previous biennium:

60-22     (a) Any complaints included in the log maintained by the

60-23  Division pursuant to subsection 4; and

60-24     (b) Any disciplinary actions taken by the Commission pursuant

60-25  to subsection 3.

60-26     Sec. 65.  NRS 645C.290 is hereby amended to read as follows:

60-27     645C.290  An application for a certificate or license must be in

60-28  writing upon a form prepared and furnished by the Division. The

60-29  application must include the following information:

60-30     1.  The name, age and address of the applicant.

60-31     2.  The place or places, including the street number, city and

60-32  county, where the applicant intends to conduct business as an

60-33  appraiser.

60-34     3.  The business, occupation or other employment of the

60-35  applicant during the 5 years immediately preceding the date of the

60-36  application, and the location thereof.

60-37     4.  The periods during which, and the locations where, he

60-38  gained his experience as an intern.

60-39     5.  Whether the applicant has ever been convicted of, is under

60-40  indictment for, or has entered a plea of guilty[, guilty but mentally

60-41  ill] or nolo contendere to:

60-42     (a) A felony, and if so, the nature of the felony.

60-43     (b) Forgery, embezzlement, obtaining money under false

60-44  pretenses, larceny, extortion, conspiracy to defraud or any crime

60-45  involving moral turpitude.

61-1      6.  Whether the applicant has ever been refused a certificate,

61-2  license or permit to act as an appraiser, or has ever had such a

61-3  certificate, license or permit suspended or revoked, in any other

61-4  jurisdiction.

61-5      7.  If the applicant is a member of a partnership or association

61-6  or is an officer of a corporation, the name and address of the

61-7  principal office of the partnership, association or corporation.

61-8      8.  Any other information the Division requires.

61-9      Sec. 66.  NRS 645C.320 is hereby amended to read as follows:

61-10     645C.320  1.  The Administrator shall issue a certificate or

61-11  license, as appropriate, to any person:

61-12     (a) Of good moral character, honesty and integrity;

61-13     (b) Who meets the educational requirements and has the

61-14  experience prescribed in NRS 645C.330;

61-15     (c) Who submits the statement required pursuant to NRS

61-16  645C.295; and

61-17     (d) Who, except as otherwise provided in NRS 645C.360, has

61-18  satisfactorily passed a written examination approved by the

61-19  Commission.

61-20     2.  The Administrator may deny an application for a certificate

61-21  or license to any person who:

61-22     (a) Has been convicted of, or entered a plea of guilty[, guilty

61-23  but mentally ill] or nolo contendere to, forgery, embezzlement,

61-24  obtaining money under false pretenses, larceny, extortion,

61-25  conspiracy to defraud or any crime involving moral turpitude;

61-26     (b) Makes a false statement of a material fact on his application;

61-27  or

61-28     (c) Has had a certificate, license or registration card suspended

61-29  or revoked pursuant to this chapter, or a certificate, license or permit

61-30  to act as an appraiser suspended or revoked in any other jurisdiction,

61-31  within the 10 years immediately preceding the date of his

61-32  application.

61-33     Sec. 67.  NRS 645C.320 is hereby amended to read as follows:

61-34     645C.320  1.  The Administrator shall issue a certificate or

61-35  license, as appropriate, to any person:

61-36     (a) Of good moral character, honesty and integrity;

61-37     (b) Who meets the educational requirements and has the

61-38  experience prescribed in NRS 645C.330; and

61-39     (c) Who, except as otherwise provided in NRS 645C.360, has

61-40  satisfactorily passed a written examination approved by the

61-41  Commission.

61-42     2.  The Administrator may deny an application for a certificate

61-43  or license to any person who:

61-44     (a) Has been convicted of, or entered a plea of guilty[, guilty

61-45  but mentally ill] or nolo contendere to, forgery, embezzlement,

62-1  obtaining money under false pretenses, larceny, extortion,

62-2  conspiracy to defraud or any crime involving moral turpitude;

62-3      (b) Makes a false statement of a material fact on his application;

62-4  or

62-5      (c) Has had a certificate, license or registration card suspended

62-6  or revoked pursuant to this chapter, or a certificate, license or permit

62-7  to act as an appraiser suspended or revoked in any other jurisdiction,

62-8  within the 10 years immediately preceding the date of his

62-9  application.

62-10     Sec. 68.  NRS 690B.029 is hereby amended to read as follows:

62-11     690B.029  1.  A policy of insurance against liability arising

62-12  out of the ownership, maintenance or use of a motor vehicle

62-13  delivered or issued for delivery in this state to a person who is 55

62-14  years of age or older must contain a provision for the reduction in

62-15  the premiums for 3-year periods if the insured:

62-16     (a) Successfully completes, after attaining 55 years of age and

62-17  every 3 years thereafter, a course of traffic safety approved by the

62-18  Department of Motor Vehicles; and

62-19     (b) For the 3-year period before completing the course of traffic

62-20  safety and each 3-year period thereafter:

62-21         (1) Is not involved in an accident involving a motor vehicle

62-22  for which the insured is at fault;

62-23         (2) Maintains a driving record free of violations; and

62-24         (3) Has not been convicted of or entered a plea of guilty[,

62-25  guilty but mentally ill] or nolo contendere to a moving traffic

62-26  violation or an offense involving:

62-27             (I) The operation of a motor vehicle while under the

62-28  influence of intoxicating liquor or a controlled substance; or

62-29             (II) Any other conduct prohibited by NRS 484.379 or

62-30  484.3795 or a law of any other jurisdiction that prohibits the same or

62-31  similar conduct.

62-32     2.  The reduction in the premiums provided for in subsection 1

62-33  must be based on the actuarial and loss experience data available to

62-34  each insurer and must be approved by the Commissioner. Each

62-35  reduction must be calculated based on the amount of the premium

62-36  before any reduction in that premium is made pursuant to this

62-37  section, and not on the amount of the premium once it has been

62-38  reduced.

62-39     3.  A course of traffic safety that an insured is required to

62-40  complete as the result of moving traffic violations must not be used

62-41  as the basis for a reduction in premiums pursuant to this section.

62-42     4.  The organization that offers a course of traffic safety

62-43  approved by the Department of Motor Vehicles shall issue a

62-44  certificate to each person who successfully completes the course. A

63-1  person must use the certificate to qualify for the reduction in the

63-2  premiums pursuant to this section.

63-3      5.  The Commissioner shall review and approve or disapprove a

63-4  policy of insurance that offers a reduction in the premiums pursuant

63-5  to subsection 1. An insurer must receive written approval from the

63-6  commissioner before delivering or issuing a policy with a provision

63-7  containing such a reduction.

63-8      Sec. 69.  NRS 174.041, 176.127 and 176.129 are hereby

63-9  repealed.

63-10     Sec. 70.  The Legislative Counsel shall, in preparing the reprint

63-11  and supplements to the Nevada Revised Statutes, remove or

63-12  appropriately change any references to “guilty but mentally ill.”

63-13     Sec. 71.  1.  This section and sections 1 to 61, inclusive, 64,

63-14  65, 68, 69 and 70 of this act become effective on July 1, 2003.

63-15     2.  Sections 62 and 66 of this act become effective on July 1,

63-16  2003, and expire by limitation on the date of the repeal of the

63-17  federal law requiring each state to establish procedures for

63-18  withholding, suspending and restricting the professional,

63-19  occupational and recreational licenses for child support arrearages

63-20  and for noncompliance with certain processes relating to paternity or

63-21  child support proceedings.

63-22     3.  Sections 63 and 67 of this act become effective on the date

63-23  of the repeal of the federal law requiring each state to establish

63-24  procedures for withholding, suspending and restricting the

63-25  professional, occupational and recreational licenses for child support

63-26  arrearages and for noncompliance with certain processes relating to

63-27  paternity or child support proceedings.

 

63-28  TEXT OF REPEALED SECTIONS

 

63-29     174.041  Plea of guilty but mentally ill: Hearing;

63-30  examination of defendant and testimony; plea is not defense to

63-31  offense charged; acceptance of plea.

63-32     1.  If a plea of guilty but mentally ill is entered by a defendant,

63-33  the court shall hold a hearing within a reasonable time to determine

63-34  whether the defendant was mentally ill at the time of the

63-35  commission of the alleged offense to which the plea is entered.

63-36     2.  The court may order the examination of the defendant or

63-37  receive the testimony of any expert witness offered by the defendant

63-38  or the prosecuting attorney, or both.

64-1      3.  At the hearing, the court shall advise the defendant that a

64-2  plea of guilty but mentally ill is a plea of guilty and not a defense to

64-3  the alleged offense.

64-4      4.  The court shall accept the plea of guilty but mentally ill only

64-5  if it determines that the defendant was mentally ill at the time of the

64-6  alleged offense to which the plea is entered.

64-7      176.127  Determination of mental condition of defendant;

64-8  treatment if defendant mentally ill at time of sentencing.

64-9      1.  If a court accepts a plea of guilty but mentally ill pursuant to

64-10  NRS 174.041, the court shall, before imposing sentence, afford the

64-11  defendant an opportunity to present evidence of his present mental

64-12  condition. If the defendant claims that he is mentally ill at the time

64-13  of sentencing, the burden of proof is upon the defendant to establish

64-14  that fact by a preponderance of the evidence.

64-15     2.  If the defendant has been ordered to the custody of the

64-16  Department of Corrections, the court may order the Department to

64-17  cause an examination of the defendant to be conducted to determine

64-18  his mental condition, and may receive the evidence of any expert

64-19  witness offered by the defendant or the prosecuting attorney.

64-20     3.  If the court finds:

64-21     (a) That the defendant is not mentally ill at the time of

64-22  sentencing, it shall impose any sentence that it is authorized to

64-23  impose upon a defendant who pleads or is found guilty of the same

64-24  offense.

64-25     (b) By a preponderance of the evidence that the defendant is

64-26  mentally ill at the time of sentencing, it shall impose any sentence

64-27  that it is authorized to impose upon a defendant who pleads or is

64-28  found guilty of the same offense and include in that sentence an

64-29  order that the defendant, during the period of his confinement or

64-30  probation, be given such treatment as is available for his mental

64-31  illness if the court determines that the relative risks and benefits of

64-32  the available treatment are such that a reasonable person would

64-33  consent to such treatment. The treatment must be provided by the

64-34  Department of Corrections.

64-35     176.129  Final judgment of guilty but mentally ill deemed

64-36  judgment of guilty.  Except for the purposes of NRS 176.127, a

64-37  final judgment of guilty but mentally ill shall be deemed to be a

64-38  final judgment of guilty.

 

64-39  H