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; requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons; 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.

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

2-2  guilty [or guilty but mentally ill] to determine the degree of guilt or

2-3  to fix the punishment.

2-4  Sec. 2.  NRS 173.035 is hereby amended to read as follows:

2-5  173.035  1.  An information may be filed against any person

2-6  for any offense when the person:

2-7  (a) Has had a preliminary examination as provided by law

2-8  before a justice of the peace, or other examining officer or

2-9  magistrate, and has been bound over to appear at the court having

2-10  jurisdiction; or

2-11      (b) Has waived his right to a preliminary examination.

2-12      2.  If, however, upon the preliminary examination the accused

2-13  has been discharged, or the affidavit or complaint upon which the

2-14  examination has been held has not been delivered to the clerk of the

2-15  proper court, the Attorney General when acting pursuant to a

2-16  specific statute or the district attorney may, upon affidavit of any

2-17  person who has knowledge of the commission of an offense, and

2-18  who is a competent witness to testify in the case, setting forth

2-19  the offense and the name of the person or persons charged with the

2-20  commission thereof, upon being furnished with the names of the

2-21  witnesses for the prosecution, by leave of the court first had, file an

2-22  information, and process must forthwith be issued thereon. The

2-23  affidavit need not be filed in cases where the defendant has waived a

2-24  preliminary examination, or upon a preliminary examination has

2-25  been bound over to appear at the court having jurisdiction.

2-26      3.  The information must be filed within 15 days after the

2-27  holding or waiver of the preliminary examination. Each information

2-28  must set forth the crime committed according to the facts.

2-29      4.  If, with the consent of the prosecuting attorney, a defendant

2-30  waives his right to a preliminary examination in accordance with an

2-31  agreement by the defendant to plead guilty[, guilty but mentally ill]

2-32  or nolo contendere to a lesser charge or at least one but not all, of

2-33  the initial charges, the information filed against the defendant

2-34  pursuant to this section may contain only the offense or offenses to

2-35  which the defendant has agreed to enter a plea of guilty[, guilty but

2-36  mentally ill] or nolo contendere. If, for any reason, the agreement is

2-37  rejected by the district court or withdrawn by the defendant, the

2-38  prosecuting attorney may file an amended information charging all

2-39  of the offenses which were in the criminal complaint upon which the

2-40  preliminary examination was waived. The defendant must then be

2-41  arraigned in accordance with the amended information.

2-42      Sec. 3.  NRS 173.125 is hereby amended to read as follows:

2-43      173.125  The prosecution is not required to elect between the

2-44  different offenses or counts set forth in the indictment or

2-45  information , and a plea of guilty [or guilty but mentally ill] to one

3-1  or more offenses charged in the indictment or information does not

3-2  preclude prosecution for the other offenses.

3-3  Sec. 4.  NRS 174.035 is hereby amended to read as follows:

3-4  174.035  1.  A defendant may plead not guilty, guilty[, guilty

3-5  but mentally ill] or, with the consent of the court, nolo contendere.

3-6  The court may refuse to accept a plea of guilty . [or guilty but

3-7  mentally ill.]

3-8  2.  If a plea of guilty is made in a written plea agreement, the

3-9  agreement must be in substantially the form prescribed in NRS

3-10  174.063. If a plea of guilty [or guilty but mentally ill] is made

3-11  orally, the court shall not accept such a plea or a plea of nolo

3-12  contendere without first addressing the defendant personally and

3-13  determining that the plea is made voluntarily with understanding of

3-14  the nature of the charge and consequences of the plea. [In addition,

3-15  the court shall not accept a plea of guilty but mentally ill without

3-16  complying with the provisions of NRS 174.041.]

3-17      3.  With the consent of the court and the district attorney, a

3-18  defendant may enter a conditional plea of guilty[, guilty but

3-19  mentally ill] or nolo contendere, reserving in writing the right, on

3-20  appeal from the judgment, to a review of the adverse determination

3-21  of any specified pretrial motion. A defendant who prevails on appeal

3-22  must be allowed to withdraw the plea.

3-23      4.  [A plea of guilty but mentally ill is not a defense to the

3-24  alleged offense. A defendant who enters such a plea is subject to the

3-25  same penalties as a defendant who pleads guilty.] The defendant

3-26  may, in the alternative or in addition to any one of the pleas

3-27  permitted by subsection 1, plead not guilty by reason of insanity. A

3-28  plea of not guilty by reason of insanity must be entered not less

3-29  than 21 days before the date set for trial. A defendant who has not

3-30  so pleaded may offer the defense of insanity during trial upon

3-31  good cause shown. Under such a plea or defense, the burden of

3-32  proof is upon the defendant to establish his insanity by a

3-33  preponderance of the evidence.

3-34      5.  If a defendant refuses to plead[,] or if the court refuses to

3-35  accept a plea of guilty [or guilty but mentally ill] or if a defendant

3-36  corporation fails to appear, the court shall enter a plea of not guilty.

3-37      6.  A defendant may not enter a plea of guilty [or guilty but

3-38  mentally ill] pursuant to a plea bargain for an offense punishable as

3-39  a felony for which:

3-40      (a) Probation is not allowed; or

3-41      (b) The maximum prison sentence is more than 10

3-42  years,

3-43  unless the plea bargain is set forth in writing and signed by the

3-44  defendant, the defendant’s attorney, if he is represented by counsel,

3-45  and the prosecuting attorney.

4-1  Sec. 5.  NRS 174.055 is hereby amended to read as follows:

4-2  174.055  In the justice’s court, if the defendant pleads guilty ,

4-3  [or guilty but mentally ill,] the court may, before entering such a

4-4  plea or pronouncing judgment, examine witnesses to ascertain the

4-5  gravity of the offense committed. If it appears to the court that a

4-6  higher offense has been committed than the offense charged in the

4-7  complaint, the court may order the defendant to be committed or

4-8  admitted to bail[,] or to answer any indictment that may be found

4-9  against him or any information which may be filed by the district

4-10  attorney.

4-11      Sec. 6.  NRS 174.061 is hereby amended to read as follows:

4-12      174.061  1.  If a prosecuting attorney enters into an agreement

4-13  with a defendant in which the defendant agrees to testify against

4-14  another defendant in exchange for a plea of guilty[, guilty but

4-15  mentally ill] or nolo contendere to a lesser charge or for a

4-16  recommendation of a reduced sentence, the agreement:

4-17      (a) Is void if the defendant’s testimony is false.

4-18      (b) Must be in writing and include a statement that the

4-19  agreement is void if the defendant’s testimony is false.

4-20      2.  A prosecuting attorney shall not enter into an agreement

4-21  with a defendant which:

4-22      (a) Limits the testimony of the defendant to a predetermined

4-23  formula.

4-24      (b) Is contingent on the testimony of the defendant contributing

4-25  to a specified conclusion.

4-26      Sec. 7.  NRS 174.065 is hereby amended to read as follows:

4-27      174.065  Except as otherwise provided in NRS 174.061:

4-28      1.  On a plea of guilty [or guilty but mentally ill] to an

4-29  information or indictment accusing a defendant of a crime divided

4-30  into degrees, when consented to by the prosecuting attorney in open

4-31  court and approved by the court, the plea may specify the degree,

4-32  and in such event the defendant shall not be punished for a higher

4-33  degree than that specified in the plea.

4-34      2.  On a plea of guilty [or guilty but mentally ill] to an

4-35  indictment or information for murder of the first degree, when

4-36  consented to by the prosecuting attorney in open court and approved

4-37  by the court, the plea may specify a punishment less than death. The

4-38  specified punishment, or any lesser punishment, may be imposed by

4-39  a single judge.

4-40      Sec. 8.  NRS 174.075 is hereby amended to read as follows:

4-41      174.075  1.  Pleadings in criminal proceedings are the

4-42  indictment, the information and, in justice’s court, the complaint,

4-43  and the pleas of guilty, [guilty but mentally ill,] not guilty and nolo

4-44  contendere.

5-1  2.  All other pleas, and demurrers and motions to quash are

5-2  abolished, and defenses and objections raised before trial which

5-3  could have been raised by one or more of them may be raised only

5-4  by motion to dismiss or to grant appropriate relief, as provided in

5-5  this title.

5-6  Sec. 9.  Chapter 175 of NRS is hereby amended by adding

5-7  thereto a new section to read as follows:

5-8  1.  Where on a trial a defense of insanity is interposed by the

5-9  defendant and he is acquitted by reason of that defense, the

5-10  finding of the jury pending the judicial determination pursuant to

5-11  subsection 2 has the same effect as if he were regularly adjudged

5-12  insane, and the judge must:

5-13      (a) Order a peace officer to take the person into protective

5-14  custody and transport him to a forensic facility for detention

5-15  pending a hearing to determine his mental health;

5-16      (b) Order the examination of the person by two psychiatrists,

5-17  two psychologists, or one psychiatrist and one psychologist who

5-18  are employed by a division facility; and

5-19      (c) At a hearing in open court, receive the report of the

5-20  examining advisers and allow counsel for the State and for the

5-21  person to examine the advisers, introduce other evidence and

5-22  cross-examine witnesses.

5-23      2.  If the court finds, after the hearing:

5-24      (a) That there is not clear and convincing evidence that the

5-25  person is a mentally ill person, the court must order his discharge;

5-26  or

5-27      (b) That there is clear and convincing evidence that the person

5-28  is a mentally ill person, the court must order that he be committed

5-29  to the custody of the Administrator of the Division of Mental

5-30  Health and Developmental Services of the Department of Human

5-31  Resources until he is regularly discharged therefrom in

5-32  accordance with law.

5-33  The court shall issue its finding within 90 days after the defendant

5-34  is acquitted.

5-35      3.  The Administrator shall make the same reports and the

5-36  court shall proceed in the same manner in the case of a person

5-37  committed to the custody of the Division of Mental Health and

5-38  Developmental Services pursuant to this section as of a person

5-39  committed because he is incompetent to stand trial pursuant to

5-40  NRS 178.400 to 178.460, inclusive, and section 23.5 of this act,

5-41  except that the determination to be made by the Administrator and

5-42  the district judge on the question of release is whether the person

5-43  has recovered from his mental illness or has improved to such an

5-44  extent that he is no longer a mentally ill person.

6-1  4.  As used in this section, unless the context otherwise

6-2  requires:

6-3  (a) “Division facility” has the meaning ascribed to it in NRS

6-4  433.094.

6-5  (b) “Forensic facility” means a secure facility of the Division

6-6  of Mental Health and Developmental Services of the Department

6-7  of Human Resources for mentally disordered offenders and

6-8  defendants. The term includes, without limitation, Lakes Crossing

6-9  Center.

6-10      (c) “Mentally ill person” has the meaning ascribed to it in

6-11  NRS 433A.115.

6-12      Sec. 10.  NRS 175.282 is hereby amended to read as follows:

6-13      175.282  If a prosecuting attorney enters into an agreement with

6-14  a defendant in which the defendant agrees to testify against another

6-15  defendant in exchange for a plea of guilty[, guilty but mentally ill]

6-16  or nolo contendere to a lesser charge or for a recommendation of a

6-17  reduced sentence , the court shall:

6-18      1.  After excising any portion it deems irrelevant or prejudicial,

6-19  permit the jury to inspect the agreement;

6-20      2.  If the defendant who is testifying has not entered his plea or

6-21  been sentenced pursuant to the agreement, instruct the jury

6-22  regarding the possible related pressures on the defendant by

6-23  providing the jury with an appropriate cautionary instruction; and

6-24      3.  Allow the defense counsel to cross-examine fully the

6-25  defendant who is testifying concerning the agreement.

6-26      Sec. 11.  NRS 175.552 is hereby amended to read as follows:

6-27      175.552  1.  Except as otherwise provided in subsection 2, in

6-28  every case in which there is a finding that a defendant is guilty of

6-29  murder of the first degree, whether or not the death penalty is

6-30  sought, the court shall conduct a separate penalty hearing. The

6-31  separate penalty hearing must be conducted as follows:

6-32      (a) If the finding is made by a jury, the separate penalty hearing

6-33  must be conducted in the trial court before the trial jury, as soon as

6-34  practicable.

6-35      (b) If the finding is made upon a plea of guilty [or guilty but

6-36  mentally ill] or a trial without a jury and the death penalty is sought,

6-37  the separate penalty hearing must be conducted before a panel of

6-38  three district judges, as soon as practicable.

6-39      (c) If the finding is made upon a plea of guilty [or guilty but

6-40  mentally ill] or a trial without a jury and the death penalty is not

6-41  sought, the separate penalty hearing must be conducted before the

6-42  judge who conducted the trial or who accepted the plea[,] of guilty,

6-43  as soon as practicable.

 

7-1  2.  In a case in which the death penalty is not sought, the parties

7-2  may by stipulation waive the separate penalty hearing required in

7-3  subsection 1. When stipulating to such a waiver, the parties may

7-4  also include an agreement to have the sentence, if any, imposed by

7-5  the trial judge. Any stipulation pursuant to this subsection must be

7-6  in writing and signed by the defendant, his attorney, if any, and the

7-7  prosecuting attorney.

7-8  3.  In the hearing, evidence may be presented concerning

7-9  aggravating and mitigating circumstances relative to the offense,

7-10  defendant or victim and on any other matter which the court deems

7-11  relevant to sentence, whether or not the evidence is ordinarily

7-12  admissible. Evidence may be offered to refute hearsay matters. No

7-13  evidence which was secured in violation of the Constitution of the

7-14  United States or the Constitution of the State of Nevada may be

7-15  introduced. The State may introduce evidence of additional

7-16  aggravating circumstances as set forth in NRS 200.033, other than

7-17  the aggravated nature of the offense itself, only if it has been

7-18  disclosed to the defendant before the commencement of the penalty

7-19  hearing.

7-20      4.  In a case in which the death penalty is not sought, the jury or

7-21  the trial judge shall determine whether the defendant should be

7-22  sentenced to life with the possibility of parole or life without the

7-23  possibility of parole.

7-24      Sec. 12.  NRS 175.558 is hereby amended to read as follows:

7-25      175.558  When any person is convicted of murder of the first

7-26  degree upon a plea of guilty [or guilty but mentally ill,] or a trial

7-27  without a jury[,] and the death penalty is sought, the Supreme Court

7-28  shall appoint two district judges from judicial districts other than the

7-29  district in which the plea is made, who shall with the district judge

7-30  before whom the plea is made, or his successor in office, conduct

7-31  the required penalty hearing to determine the presence of

7-32  aggravating and mitigating circumstances, and give sentence

7-33  accordingly. A sentence of death may be given only by unanimous

7-34  vote of the three judges, but any other sentence may be given by the

7-35  vote of a majority.

7-36      Sec. 13.  NRS 176.059 is hereby amended to read as follows:

7-37      176.059  1.  Except as otherwise provided in subsection 2,

7-38  when a defendant pleads guilty [or guilty but mentally ill] or is

7-39  found guilty of a misdemeanor, including the violation of any

7-40  municipal ordinance, the justice or judge shall include in the

7-41  sentence the sum prescribed by the following schedule as an

7-42  administrative assessment and render a judgment against the

7-43  defendant for the assessment:

 

 

8-1          Fine                                           Assessment

8-2  $5 to $49......................................... $15

8-3  50 to 59............................................. 30

8-4  60 to 69............................................. 35

8-5  70 to 79............................................. 40

8-6  80 to 89............................................. 45

8-7  90 to 99............................................. 50

8-8  100 to 199......................................... 60

8-9  200 to 299....................................... $70

8-10  300 to 399........................................ 80

8-11  400 to 499........................................ 90

8-12  500 to 1,000................................... 105

 

8-13      2.  The provisions of subsection 1 do not apply to:

8-14      (a) An ordinance regulating metered parking; or

8-15      (b) An ordinance which is specifically designated as imposing a

8-16  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

8-17      3.  The money collected for an administrative assessment must

8-18  not be deducted from the fine imposed by the justice or judge but

8-19  must be taxed against the defendant in addition to the fine. The

8-20  money collected for an administrative assessment must be stated

8-21  separately on the court’s docket and must be included in the amount

8-22  posted for bail. If the defendant is found not guilty or the charges

8-23  are dismissed, the money deposited with the court must be returned

8-24  to the defendant. If the justice or judge cancels a fine because the

8-25  fine has been determined to be uncollectible, any balance of the fine

8-26  and the administrative assessment remaining unpaid shall be

8-27  deemed to be uncollectible and the defendant is not required to pay

8-28  it. If a fine is determined to be uncollectible, the defendant is not

8-29  entitled to a refund of the fine or administrative assessment he has

8-30  paid and the justice or judge shall not recalculate the administrative

8-31  assessment.

8-32      4.  If the justice or judge permits the fine and administrative

8-33  assessment to be paid in installments, the payments must be first

8-34  applied to the unpaid balance of the administrative assessment. The

8-35  city treasurer shall distribute partially collected administrative

8-36  assessments in accordance with the requirements of subsection 5.

8-37  The county treasurer shall distribute partially collected

8-38  administrative assessments in accordance with the requirements of

8-39  subsection 6.

8-40      5.  The money collected for administrative assessments in

8-41  municipal court must be paid by the clerk of the court to the city

8-42  treasurer on or before the fifth day of each month for the preceding

8-43  month. The city treasurer shall distribute, on or before the 15th day

9-1  of that month, the money received in the following amounts for each

9-2  assessment received:

9-3  (a) Two dollars to the county treasurer for credit to a special

9-4  account in the county general fund for the use of the county’s

9-5  juvenile court or for services to juvenile offenders. Any money

9-6  remaining in the special account after 2 fiscal years must be

9-7  deposited in the county general fund if it has not been committed for

9-8  expenditure. The county treasurer shall provide, upon request by a

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

9-10  expenditures made from the special account.

9-11      (b) Seven dollars for credit to a special revenue fund for the use

9-12  of the municipal courts. Any money remaining in the special

9-13  revenue fund after 2 fiscal years must be deposited in the municipal

9-14  general fund if it has not been committed for expenditure. The city

9-15  treasurer shall provide, upon request by a municipal court, monthly

9-16  reports of the revenue credited to and expenditures made from the

9-17  special revenue fund.

9-18      (c) The remainder of each assessment to the State Controller for

9-19  credit to a special account in the State General Fund.

9-20      6.  The money collected for administrative assessments in

9-21  justices’ courts must be paid by the clerk of the court to the county

9-22  treasurer on or before the fifth day of each month for the preceding

9-23  month. The county treasurer shall distribute, on or before the 15th

9-24  day of that month, the money received in the following amounts for

9-25  each assessment received:

9-26      (a) Two dollars for credit to a special account in the county

9-27  general fund for the use of the county’s juvenile court or for services

9-28  to juvenile offenders. Any money remaining in the special account

9-29  after 2 fiscal years must be deposited in the county general fund if it

9-30  has not been committed for expenditure. The county treasurer shall

9-31  provide, upon request by a juvenile court, monthly reports of the

9-32  revenue credited to and expenditures made from the special account.

9-33      (b) Seven dollars for credit to a special revenue fund for the use

9-34  of the justices’ courts. Any money remaining in the special revenue

9-35  fund after 2 fiscal years must be deposited in the county general

9-36  fund if it has not been committed for expenditure. The county

9-37  treasurer shall provide, upon request by a justice’s court, monthly

9-38  reports of the revenue credited to and expenditures made from the

9-39  special revenue fund.

9-40      (c) The remainder of each assessment to the State Controller for

9-41  credit to a special account in the State General Fund.

9-42      7.  The money apportioned to a juvenile court, a justice’s court

9-43  or a municipal court pursuant to this section must be used, in

9-44  addition to providing services to juvenile offenders in the juvenile

9-45  court, to improve the operations of the court, or to acquire

10-1  appropriate advanced technology or the use of such technology, or

10-2  both. Money used to improve the operations of the court may

10-3  include expenditures for:

10-4      (a) Training and education of personnel;

10-5      (b) Acquisition of capital goods;

10-6      (c) Management and operational studies; or

10-7      (d) Audits.

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

10-9  pursuant to subsections 5 and 6, the State Controller shall distribute

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

10-11  following manner:

10-12     (a) Not less than 51 percent to the Office of the Court

10-13  Administrator for allocation as follows:

10-14         (1) Eighteen and one-half percent of the amount distributed

10-15  to the Office of the Court Administrator for the administration of the

10-16  courts.

10-17         (2) Nine percent of the amount distributed to the Office of

10-18  the Court Administrator for the development of a uniform system

10-19  for judicial records.

10-20         (3) Nine percent of the amount distributed to the Office

10-21  of the Court Administrator for continuing judicial education.

10-22         (4) Sixty percent of the amount distributed to the Office of

10-23  the Court Administrator for the Supreme Court.

10-24         (5) Three and one-half percent of the amount distributed to

10-25  the Office of the Court Administrator for the payment for the

10-26  services of retired justices and retired district judges.

10-27     (b) Not more than 49 percent must be used to the extent of

10-28  legislative authorization for the support of:

10-29         (1) The Central Repository for Nevada Records of Criminal

10-30  History;

10-31         (2) The Peace Officers’ Standards and Training Commission;

10-32         (3) The operation by the Nevada Highway Patrol of a

10-33  computerized switching system for information related to law

10-34  enforcement;

10-35         (4) The Fund for the Compensation of Victims of Crime; and

10-36         (5) The Advisory Council for Prosecuting Attorneys.

10-37     9.  As used in this section, “juvenile court” means:

10-38     (a) In any judicial district that includes a county whose

10-39  population is 100,000 or more, the family division of the district

10-40  court; or

10-41     (b) In any other judicial district, the juvenile division of the

10-42  district court.

10-43     Sec. 14.  NRS 176.0611 is hereby amended to read as follows:

10-44     176.0611  1.  A county or a city, upon recommendation of the

10-45  appropriate court, may, by ordinance, authorize the justices or

11-1  judges of the justices’ or municipal courts within its jurisdiction to

11-2  impose for not longer than 25 years, in addition to an administrative

11-3  assessment imposed pursuant to NRS 176.059, an administrative

11-4  assessment for the provision of court facilities.

11-5      2.  Except as otherwise provided in subsection 3, in any

11-6  jurisdiction in which an administrative assessment for the provision

11-7  of court facilities has been authorized, when a defendant pleads

11-8  guilty [or guilty but mentally ill] or is found guilty of a

11-9  misdemeanor, including the violation of any municipal ordinance,

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

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

11-12  render a judgment against the defendant for the assessment.

11-13     3.  The provisions of subsection 2 do not apply to:

11-14     (a) An ordinance regulating metered parking; or

11-15     (b) An ordinance that is specifically designated as imposing a

11-16  civil penalty or liability pursuant to NRS 244.3575 or 268.019.

11-17     4.  The money collected for an administrative assessment for

11-18  the provision of court facilities must not be deducted from the fine

11-19  imposed by the justice or judge but must be taxed against the

11-20  defendant in addition to the fine. The money collected for such an

11-21  administrative assessment must be stated separately on the court’s

11-22  docket and must be included in the amount posted for bail. If the

11-23  defendant is found not guilty or the charges are dismissed, the

11-24  money deposited with the court must be returned to the defendant. If

11-25  the justice or judge cancels a fine because the fine has been

11-26  determined to be uncollectible, any balance of the fine and the

11-27  administrative assessment remaining unpaid shall be deemed to be

11-28  uncollectible and the defendant is not required to pay it. If a fine is

11-29  determined to be uncollectible, the defendant is not entitled to a

11-30  refund of the fine or administrative assessment he has paid and the

11-31  justice or judge shall not recalculate the administrative assessment.

11-32     5.  If the justice or judge permits the fine and administrative

11-33  assessment for the provision of court facilities to be paid in

11-34  installments, the payments must be applied in the following order:

11-35     (a) To pay the unpaid balance of an administrative assessment

11-36  imposed pursuant to NRS 176.059;

11-37     (b) To pay the unpaid balance of an administrative assessment

11-38  for the provision of court facilities pursuant to this section; and

11-39     (c) To pay the fine.

11-40     6.  The money collected for administrative assessments for the

11-41  provision of court facilities in municipal courts must be paid by the

11-42  clerk of the court to the city treasurer on or before the fifth day of

11-43  each month for the preceding month. The city treasurer shall deposit

11-44  the money received in a special revenue fund. The city may use the

11-45  money in the special revenue fund only to:

12-1      (a) Acquire land on which to construct additional facilities for

12-2  the municipal courts or a regional justice center that includes the

12-3  municipal courts.

12-4      (b) Construct or acquire additional facilities for the municipal

12-5  courts or a regional justice center that includes the municipal courts.

12-6      (c) Renovate or remodel existing facilities for the municipal

12-7  courts.

12-8      (d) Acquire furniture, fixtures and equipment necessitated by the

12-9  construction or acquisition of additional facilities or the renovation

12-10  of an existing facility for the municipal courts or a regional justice

12-11  center that includes the municipal courts. This paragraph does not

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

12-13  fixtures or equipment for judicial chambers.

12-14     (e) Acquire advanced technology for use in the additional or

12-15  renovated facilities.

12-16     (f) Pay debt service on any bonds issued pursuant to

12-17  subsection 3 of NRS 350.020 for the acquisition of land or facilities

12-18  or the construction or renovation of facilities for the municipal

12-19  courts or a regional justice center that includes the municipal

12-20  courts.

12-21  Any money remaining in the special revenue fund after 5 fiscal

12-22  years must be deposited in the municipal general fund for the

12-23  continued maintenance of court facilities if it has not been

12-24  committed for expenditure pursuant to a plan for the construction or

12-25  acquisition of court facilities or improvements to court facilities.

12-26  The city treasurer shall provide, upon request by a municipal court,

12-27  monthly reports of the revenue credited to and expenditures made

12-28  from the special revenue fund.

12-29     7.  The money collected for administrative assessments for the

12-30  provision of court facilities in justices’ courts must be paid by the

12-31  clerk of the court to the county treasurer on or before the fifth day of

12-32  each month for the preceding month. The county treasurer shall

12-33  deposit the money received to a special revenue fund. The county

12-34  may use the money in the special revenue fund only to:

12-35     (a) Acquire land on which to construct additional facilities for

12-36  the justices’ courts or a regional justice center that includes the

12-37  justices’ courts.

12-38     (b) Construct or acquire additional facilities for the justices’

12-39  courts or a regional justice center that includes the justices’ courts.

12-40     (c) Renovate or remodel existing facilities for the justices’

12-41  courts.

12-42     (d) Acquire furniture, fixtures and equipment necessitated by the

12-43  construction or acquisition of additional facilities or the renovation

12-44  of an existing facility for the justices’ courts or a regional justice

12-45  center that includes the justices’ courts. This paragraph does not

13-1  authorize the expenditure of money from the fund for furniture,

13-2  fixtures or equipment for judicial chambers.

13-3      (e) Acquire advanced technology for use in the additional or

13-4  renovated facilities.

13-5      (f) Pay debt service on any bonds issued pursuant to

13-6  subsection 3 of NRS 350.020 for the acquisition of land or facilities

13-7  or the construction or renovation of facilities for the justices’ courts

13-8  or a regional justice center that includes the justices’

13-9  courts.

13-10  Any money remaining in the special revenue fund after 5 fiscal

13-11  years must be deposited in the county general fund for the continued

13-12  maintenance of court facilities if it has not been committed for

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

13-14  court facilities or improvements to court facilities. The county

13-15  treasurer shall provide, upon request by a justice’s court, monthly

13-16  reports of the revenue credited to and expenditures made from the

13-17  special revenue fund.

13-18     8.  If money collected pursuant to this section is to be used to

13-19  acquire land on which to construct a regional justice center, to

13-20  construct a regional justice center or to pay debt service on bonds

13-21  issued for these purposes, the county and the participating cities

13-22  shall, by interlocal agreement, determine such issues as the size of

13-23  the regional justice center, the manner in which the center will be

13-24  used and the apportionment of fiscal responsibility for the center.

13-25     Sec. 15.  NRS 176.062 is hereby amended to read as follows:

13-26     176.062  1.  When a defendant pleads guilty [or guilty but

13-27  mentally ill] or is found guilty of a felony or gross misdemeanor, the

13-28  judge shall include in the sentence the sum of $25 as an

13-29  administrative assessment and render a judgment against the

13-30  defendant for the assessment.

13-31     2.  The money collected for an administrative assessment:

13-32     (a) Must not be deducted from any fine imposed by the judge;

13-33     (b) Must be taxed against the defendant in addition to the fine;

13-34  and

13-35     (c) Must be stated separately on the court’s docket.

13-36     3.  The money collected for administrative assessments in

13-37  district courts must be paid by the clerk of the court to the county

13-38  treasurer on or before the fifth day of each month for the preceding

13-39  month. The county treasurer shall distribute, on or before the 15th

13-40  day of that month, the money received in the following amounts for

13-41  each assessment received:

13-42     (a) Five dollars for credit to a special account in the county

13-43  general fund for the use of the district court.

13-44     (b) The remainder of each assessment to the State Controller.

14-1      4.  The State Controller shall credit the money received

14-2  pursuant to subsection 3 to a special account for the assistance of

14-3  criminal justice in the State General Fund, and distribute the money

14-4  from the account to the Attorney General as authorized by the

14-5  Legislature. Any amount received in excess of the amount

14-6  authorized by the Legislature for distribution must remain in the

14-7  account.

14-8      Sec. 16.  NRS 176.135 is hereby amended to read as follows:

14-9      176.135  1.  Except as otherwise provided in this section and

14-10  NRS 176.151, the Division shall make a presentence investigation

14-11  and report to the court on each defendant who pleads guilty[, guilty

14-12  but mentally ill] or nolo contendere to or is found guilty of a felony.

14-13     2.  If a defendant is convicted of a felony that is a sexual

14-14  offense, the presentence investigation and report:

14-15     (a) Must be made before the imposition of sentence or the

14-16  granting of probation; and

14-17     (b) If the sexual offense is an offense for which the suspension

14-18  of sentence or the granting of probation is permitted, must include a

14-19  psychosexual evaluation of the defendant.

14-20     3.  If a defendant is convicted of a felony other than a sexual

14-21  offense, the presentence investigation and report must be made

14-22  before the imposition of sentence or the granting of probation

14-23  unless:

14-24     (a) A sentence is fixed by a jury; or

14-25     (b) Such an investigation and report on the defendant has been

14-26  made by the Division within the 5 years immediately preceding the

14-27  date initially set for sentencing on the most recent offense.

14-28     4.  Upon request of the court, the Division shall make

14-29  presentence investigations and reports on defendants who plead

14-30  guilty[, guilty but mentally ill] or nolo contendere to or are found

14-31  guilty of gross misdemeanors.

14-32     Sec. 17.  NRS 176.151 is hereby amended to read as follows:

14-33     176.151  1.  If a defendant pleads guilty[, guilty but mentally

14-34  ill] or nolo contendere to or is found guilty of one or more category

14-35  E felonies, but no other felonies, the Division shall not make a

14-36  presentence investigation and report on the defendant pursuant to

14-37  NRS 176.135, unless the Division has not made a presentence

14-38  investigation and report on the defendant pursuant to NRS 176.135

14-39  within the 5 years immediately preceding the date initially set for

14-40  sentencing on the category E felony or felonies and:

14-41     (a) The court requests a presentence investigation and report; or

14-42     (b) The prosecuting attorney possesses evidence that would

14-43  support a decision by the court to deny probation to the defendant

14-44  pursuant to paragraph (b) of subsection 1 of NRS 176A.100.

15-1      2.  If the Division does not make a presentence investigation

15-2  and report on a defendant pursuant to subsection 1, the Division

15-3  shall, not later than 45 days after the date on which the defendant is

15-4  sentenced, make a general investigation and report on the defendant

15-5  that contains:

15-6      (a) Any prior criminal record of the defendant;

15-7      (b) Information concerning the characteristics of the defendant,

15-8  the circumstances affecting his behavior and the circumstances of

15-9  his offense that may be helpful to persons responsible for the

15-10  supervision or correctional treatment of the defendant;

15-11     (c) Information concerning the effect that the offense committed

15-12  by the defendant has had upon the victim, including, without

15-13  limitation, any physical or psychological harm or financial loss

15-14  suffered by the victim, to the extent that such information is

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

15-16  paragraph do not require any particular examination or testing of

15-17  the victim, and the extent of any investigation or examination and

15-18  the extent of the information included in the report is solely at the

15-19  discretion of the Division;

15-20     (d) Data or information concerning reports and investigations

15-21  thereof made pursuant to chapter 432B of NRS that relate to the

15-22  defendant and are made available pursuant to NRS 432B.290; and

15-23     (e) Any other information that the Division believes may be

15-24  helpful to persons responsible for the supervision or correctional

15-25  treatment of the defendant.

15-26     Sec. 18.  NRS 176.165 is hereby amended to read as follows:

15-27     176.165  Except as otherwise provided in this section, a motion

15-28  to withdraw a plea of guilty[, guilty but mentally ill] or nolo

15-29  contendere may be made only before sentence is imposed or

15-30  imposition of sentence is suspended. To correct manifest injustice,

15-31  the court after sentence may set aside the judgment of conviction

15-32  and permit the defendant to withdraw his plea.

15-33     Sec. 19.  NRS 176A.255 is hereby amended to read as follows:

15-34     176A.255  1.  A justice’s court or a municipal court may, upon

15-35  approval of the district court, transfer original jurisdiction to the

15-36  district court of a case involving an eligible defendant.

15-37     2.  As used in this section, “eligible defendant” means a person

15-38  who:

15-39     (a) Has not tendered a plea of guilty[, guilty but mentally ill] or

15-40  nolo contendere to, or been found guilty of, an offense that is a

15-41  misdemeanor;

15-42     (b) Appears to suffer from mental illness; and

15-43     (c) Would benefit from assignment to a program established

15-44  pursuant to NRS 176A.250.

 

16-1      Sec. 20.  NRS 176A.260 is hereby amended to read as follows:

16-2      176A.260  1.  Except as otherwise provided in subsection 2, if

16-3  a defendant who suffers from mental illness tenders a plea of guilty

16-4  [, guilty but mentally ill] or nolo contendere to, or is found guilty of,

16-5  any offense for which the suspension of sentence or the granting of

16-6  probation is not prohibited by statute, the court may, without

16-7  entering a judgment of conviction and with the consent of the

16-8  defendant, suspend further proceedings and place the defendant on

16-9  probation upon terms and conditions that must include attendance

16-10  and successful completion of a program established pursuant to

16-11  NRS 176A.250.

16-12     2.  If the offense committed by the defendant involved the use

16-13  or threatened use of force or violence or if the defendant was

16-14  previously convicted in this state or in any other jurisdiction of a

16-15  felony that involved the use or threatened use of force or violence,

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

16-17  prosecuting attorney stipulates to the assignment.

16-18     3.  Upon violation of a term or condition:

16-19     (a) The court may enter a judgment of conviction and proceed as

16-20  provided in the section pursuant to which the defendant was

16-21  charged.

16-22     (b) Notwithstanding the provisions of paragraph (e) of

16-23  subsection 2 of NRS 193.130, the court may order the defendant to

16-24  the custody of the Department of Corrections if the offense is

16-25  punishable by imprisonment in the state prison.

16-26     4.  Upon fulfillment of the terms and conditions, the court shall

16-27  discharge the defendant and dismiss the proceedings against him.

16-28  Discharge and dismissal pursuant to this section is without

16-29  adjudication of guilt and is not a conviction for purposes of this

16-30  section or for purposes of employment, civil rights or any statute or

16-31  regulation or license or questionnaire or for any other public or

16-32  private purpose, but is a conviction for the purpose of additional

16-33  penalties imposed for second or subsequent convictions or the

16-34  setting of bail. Discharge and dismissal restores the defendant, in the

16-35  contemplation of the law, to the status occupied before the arrest,

16-36  indictment or information. The defendant may not be held thereafter

16-37  under any law to be guilty of perjury or otherwise giving a false

16-38  statement by reason of failure to recite or acknowledge that arrest,

16-39  indictment, information or trial in response to an inquiry made of

16-40  him for any purpose.

16-41     Sec. 21.  NRS 177.015 is hereby amended to read as follows:

16-42     177.015  The party aggrieved in a criminal action may appeal

16-43  only as follows:

16-44     1.  Whether that party is the State or the defendant:

17-1      (a) To the district court of the county from a final judgment of

17-2  the justice’s court.

17-3      (b) To the Supreme Court from an order of the district court

17-4  granting a motion to dismiss, a motion for acquittal or a motion in

17-5  arrest of judgment, or granting or refusing a new trial.

17-6      2.  The State may, upon good cause shown, appeal to the

17-7  Supreme Court from a pretrial order of the district court granting or

17-8  denying a motion to suppress evidence made pursuant to NRS

17-9  174.125. Notice of the appeal must be filed with the clerk of the

17-10  district court within 2 judicial days and with the Clerk of the

17-11  Supreme Court within 5 judicial days after the ruling by the district

17-12  court. The clerk of the district court shall notify counsel for the

17-13  defendant or, in the case of a defendant without counsel, the

17-14  defendant within 2 judicial days after the filing of the notice of

17-15  appeal. The Supreme Court may establish such procedures as it

17-16  determines proper in requiring the appellant to make a preliminary

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

17-18  miscarriage of justice if the appeal is not entertained. If the Supreme

17-19  Court entertains the appeal, or if it otherwise appears necessary, it

17-20  may enter an order staying the trial for such time as may be

17-21  required.

17-22     3.  The defendant only may appeal from a final judgment or

17-23  verdict in a criminal case.

17-24     4.  Except as otherwise provided in subsection 3 of NRS

17-25  174.035, the defendant in a criminal case shall not appeal a final

17-26  judgment or verdict resulting from a plea of guilty[, guilty but

17-27  mentally ill] or nolo contendere that the defendant entered into

17-28  voluntarily and with a full understanding of the nature of the charge

17-29  and the consequences of the plea, unless the appeal is based upon

17-30  reasonable constitutional, jurisdictional or other grounds that

17-31  challenge the legality of the proceedings. The Supreme Court may

17-32  establish procedures to require the defendant to make a preliminary

17-33  showing of the propriety of the appeal.

17-34     Sec. 22.  NRS 177.055 is hereby amended to read as follows:

17-35     177.055  1.  When upon a plea of not guilty or not guilty by

17-36  reason of insanity a judgment of death is entered, an appeal is

17-37  deemed automatically taken by the defendant without any action by

17-38  him or his counsel, unless the defendant or his counsel affirmatively

17-39  waives the appeal within 30 days after the rendition of the judgment.

17-40     2.  Whether or not the defendant or his counsel affirmatively

17-41  waives the appeal, the sentence must be reviewed on the record by

17-42  the Supreme Court, which shall consider, in a single proceeding if

17-43  an appeal is taken:

17-44     (a) Any errors enumerated by way of appeal;

18-1      (b) Whether the evidence supports the finding of an aggravating

18-2  circumstance or circumstances;

18-3      (c) Whether the sentence of death was imposed under the

18-4  influence of passion, prejudice or any arbitrary factor; and

18-5      (d) Whether the sentence of death is excessive, considering both

18-6  the crime and the defendant.

18-7      3.  The Supreme Court, when reviewing a death sentence, may:

18-8      (a) Affirm the sentence of death;

18-9      (b) Set the sentence aside and remand the case for a new penalty

18-10  hearing:

18-11         (1) If the original penalty hearing was before a jury, before a

18-12  newly impaneled jury; or

18-13         (2) If the original penalty hearing was before a panel of

18-14  judges, before a panel of three district judges which must consist,

18-15  insofar as possible, of the members of the original panel; or

18-16     (c) Set aside the sentence of death and impose the sentence of

18-17  imprisonment for life without possibility of parole.

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

18-19     177.075  1.  Except where appeal is automatic, an appeal from

18-20  a district court to the Supreme Court is taken by filing a notice of

18-21  appeal with the clerk of the district court. Bills of exception and

18-22  assignments of error in cases governed by this chapter are abolished.

18-23     2.  When a court imposes sentence upon a defendant who has

18-24  not pleaded guilty [or guilty but mentally ill] and who is without

18-25  counsel, the court shall advise the defendant of his right to appeal,

18-26  and if he so requests, the clerk shall prepare and file forthwith a

18-27  notice of appeal on his behalf.

18-28     3.  A notice of appeal must be signed:

18-29     (a) By the appellant or appellant’s attorney; or

18-30     (b) By the clerk if prepared by him.

18-31     Sec. 23.5.  Chapter 178 of NRS is hereby amended by adding

18-32  thereto a new section to read as follows:

18-33     1.  A person may not provide a report or an evaluation

18-34  concerning the competency of a defendant to stand trial or receive

18-35  pronouncement of judgment pursuant to this section and NRS

18-36  178.400 to 178.460, inclusive, unless the person is certified by the

18-37  Division of Mental Health and Developmental Services of the

18-38  Department of Human Resources for that purpose.

18-39     2.  The Division of Mental Health and Developmental

18-40  Services shall adopt regulations to establish:

18-41     (a) Requirements for certification of a person who provides

18-42  reports and evaluations concerning the competency of a defendant

18-43  pursuant to this section and NRS 178.400 to 178.460, inclusive;

18-44     (b) Reasonable fees for issuing and renewing such certificates;

18-45  and

19-1      (c) Requirements for continuing education for the renewal of

19-2  a certificate.

19-3      3.  The fees so collected must be used only to:

19-4      (a) Defray the cost of issuing and renewing certificates; and

19-5      (b) Pay any other expenses incurred by the Division of Mental

19-6  Health and Developmental Services in carrying out its duties

19-7  pursuant to this section.

19-8      4.  The Division of Mental Health and Developmental

19-9  Services shall establish and administer examinations to determine

19-10  the eligibility of any person who applies for certification. An

19-11  applicant is entitled to certification upon satisfaction of the

19-12  requirements of the Division of Mental Health and Developmental

19-13  Services. The Division of Mental Health and Developmental

19-14  Services may enter into a contract with another person,

19-15  organization or agency to carry out or assist in carrying out the

19-16  provisions of this subsection.

19-17     Sec. 24.  NRS 178.388 is hereby amended to read as follows:

19-18     178.388  1.  Except as otherwise provided in this title, the

19-19  defendant must be present at the arraignment, at every stage of

19-20  the trial including the impaneling of the jury and the return of the

19-21  verdict, and at the imposition of sentence. A corporation may appear

19-22  by counsel for all purposes.

19-23     2.  In prosecutions for offenses not punishable by death:

19-24     (a) The defendant’s voluntary absence after the trial has been

19-25  commenced in his presence must not prevent continuing the trial to

19-26  and including the return of the verdict.

19-27     (b) If the defendant was present at the trial through the time he

19-28  pleads guilty [or guilty but mentally ill] or is found guilty but at the

19-29  time of his sentencing is incarcerated in another jurisdiction, he may

19-30  waive his right to be present at the sentencing proceedings and agree

19-31  to be sentenced in this state in his absence. The defendant’s waiver

19-32  is valid only if it is:

19-33         (1) Made knowingly, intelligently and voluntarily after

19-34  consulting with an attorney licensed to practice in this state;

19-35         (2) Signed and dated by the defendant and notarized by a

19-36  notary public or judicial officer; and

19-37         (3) Signed and dated by his attorney after it has been signed

19-38  by the defendant and notarized.

19-39     3.  In prosecutions for offenses punishable by fine or by

19-40  imprisonment for not more than 1 year, or both, the court, with the

19-41  written consent of the defendant, may permit arraignment, plea, trial

19-42  and imposition of sentence in the defendant’s absence, if the court

19-43  determines that the defendant was fully aware of his applicable

19-44  constitutional rights when he gave his consent.

20-1      4.  The presence of the defendant is not required at the

20-2  arraignment or any preceding stage if the court has provided for the

20-3  use of a closed-circuit television to facilitate communication

20-4  between the court and the defendant during the proceeding. If

20-5  closed-circuit television is provided for, members of the news media

20-6  may observe and record the proceeding from both locations unless

20-7  the court specifically provides otherwise.

20-8      5.  The defendant’s presence is not required at the settling of

20-9  jury instructions.

20-10     Sec. 24.5.  NRS 178.415 is hereby amended to read as follows:

20-11     178.415  1.  Except as otherwise provided in this subsection,

20-12  the court shall appoint two psychiatrists, two psychologists, or one

20-13  psychiatrist and one psychologist, to examine the defendant. If the

20-14  defendant is accused of a misdemeanor, the court of jurisdiction

20-15  shall appoint a psychiatric social worker, or other person who is

20-16  especially qualified by the Division of Mental Health and

20-17  Developmental Services of the Department of Human Resources, to

20-18  examine the defendant.

20-19     2.  At a hearing in open court, the judge shall receive the report

20-20  of the examination and shall permit counsel for both sides to

20-21  examine the person or persons appointed to examine the defendant.

20-22  The prosecuting attorney and the defendant may introduce other

20-23  evidence and cross-examine one another’s witnesses.

20-24     3.  The court shall then make and enter its finding of

20-25  competence or incompetence.

20-26     4.  The court shall not appoint a person to provide a report or

20-27  an evaluation pursuant to this section, unless the person is

20-28  certified by the Division of Mental Health and Developmental

20-29  Services pursuant to section 23.5 of this act.

20-30     Sec. 25.  (Deleted by amendment.)

20-31     Sec. 25.5.  NRS 178.455 is hereby amended to read as follows:

20-32     178.455  1.  Except as otherwise provided for persons charged

20-33  with or convicted of a misdemeanor, the Administrator of the

20-34  Division of Mental Health and Developmental Services of the

20-35  Department of Human Resources or his designee shall appoint a

20-36  licensed psychiatrist and a licensed psychologist from the treatment

20-37  team who is certified pursuant to section 23.5 of this act to

20-38  evaluate the defendant. The Administrator or his designee shall also

20-39  appoint a third evaluator who must be a licensed psychiatrist or

20-40  psychologist , must be certified pursuant to section 23.5 of this act

20-41  and must not be a member of the treatment team. Upon the

20-42  completion of the evaluation and treatment of the defendant, the

20-43  Administrator or his designee shall report to the court in writing his

20-44  specific findings and opinion upon:

21-1      (a) Whether the person is of sufficient mentality to understand

21-2  the nature of the offense charged;

21-3      (b) Whether the person is of sufficient mentality to aid and assist

21-4  counsel in the defense of the offense charged, or to show cause why

21-5  judgment should not be pronounced; and

21-6      (c) If the person is not of sufficient mentality pursuant to

21-7  paragraphs (a) and (b) to be placed upon trial or receive

21-8  pronouncement of judgment, whether there is a substantial

21-9  probability that he will attain competency in the foreseeable future.

21-10     2.  A copy of the report must be:

21-11     (a) Maintained by the Administrator of the Division of Mental

21-12  Health and Developmental Services or his designee and

21-13  incorporated in the medical record of the person; and

21-14     (b) Sent to the office of the district attorney and to the counsel

21-15  for the outpatient or person committed.

21-16     3.  In the case of a person charged with or convicted of a

21-17  misdemeanor, the judge shall, upon receipt of the report set forth in

21-18  NRS 178.450 from the Administrator of the Division of Mental

21-19  Health and Developmental Services or his designee:

21-20     (a) Send a copy of the report by the Administrator or his

21-21  designee to the prosecuting attorney and to the defendant’s counsel;

21-22     (b) Hold a hearing, if one is requested within 10 days after the

21-23  report is sent pursuant to paragraph (a), at which the attorneys may

21-24  examine the Administrator or his designee or the members of the

21-25  defendant’s treatment team on the determination of the report; and

21-26     (c) Within 10 days after the hearing, if any, or 20 days after the

21-27  report is sent if no hearing is requested, enter his finding of

21-28  competence or incompetence in the manner set forth in subsection 4

21-29  of NRS 178.460.

21-30     Sec. 26.  NRS 178.460 is hereby amended to read as follows:

21-31     178.460  1.  If requested by the district attorney or counsel for

21-32  the defendant within 10 days after the report by the Administrator or

21-33  his designee is sent to them, the judge shall hold a hearing within 10

21-34  days after the request at which the district attorney and the defense

21-35  counsel may examine the members of the treatment team on their

21-36  report.

21-37     2.  If the judge orders the appointment of a licensed psychiatrist

21-38  or psychologist who is not employed by the Division of Mental

21-39  Health and Developmental Services of the Department of Human

21-40  Resources to perform an additional evaluation and report concerning

21-41  the defendant, the cost of the additional evaluation and report is a

21-42  charge against the county.

21-43     3.  Within 10 days after the hearing or 20 days after the report is

21-44  sent, if no hearing is requested, the judge shall make and enter his

22-1  finding of competence or incompetence, and if he finds the

22-2  defendant to be incompetent:

22-3      (a) Whether there is substantial probability that the defendant

22-4  will attain competency to stand trial or receive pronouncement of

22-5  judgment in the foreseeable future; and

22-6      (b) Whether the defendant is at that time a danger to himself or

22-7  to society.

22-8      4.  If the judge finds the defendant:

22-9      (a) Competent, the judge shall, within 10 days, forward his

22-10  finding to the prosecuting attorney and counsel for the defendant.

22-11  Upon receipt thereof, the prosecuting attorney shall notify the

22-12  sheriff of the county or chief of police of the city that the defendant

22-13  has been found competent and prearrange with the facility for the

22-14  return of the defendant to that county or city for trial upon the

22-15  offense there charged or the pronouncement of judgment, as the case

22-16  may be.

22-17     (b) Incompetent, but there is a substantial probability that he

22-18  will attain competency to stand trial or receive pronouncement of

22-19  judgment in the foreseeable future and finds that he is dangerous to

22-20  himself or to society, the judge shall recommit the defendant.

22-21     (c) Incompetent, but there is a substantial probability that he will

22-22  attain competency to stand trial or receive pronouncement of

22-23  judgment in the foreseeable future and finds that he is not dangerous

22-24  to himself or to society, the judge shall order that the defendant

22-25  remain an outpatient or be transferred to the status of an outpatient

22-26  under the provisions of NRS 178.425.

22-27     (d) Incompetent, with no substantial probability of attaining

22-28  competency in the foreseeable future, the judge shall order the

22-29  defendant released from custody or if the defendant is an outpatient,

22-30  released from his obligations as an outpatient if, within 10 days, a

22-31  petition is not filed to commit the person pursuant to NRS

22-32  433A.200. After the initial 10 days, the defendant may remain an

22-33  outpatient or in custody under the provisions of this chapter only as

22-34  long as the petition is pending unless the defendant is involuntarily

22-35  committed pursuant to chapter 433A of NRS.

22-36     5.  No person who is committed under the provisions of this

22-37  chapter may be held in the custody of the Administrator of the

22-38  Division of Mental Health and Developmental Services of the

22-39  Department of Human Resources or his designee longer than

22-40  the longest period of incarceration provided for the crime or crimes

22-41  with which he is charged[.] or 10 years, whichever period is

22-42  shorter. Upon expiration of the applicable period, the defendant

22-43  must be returned to the committing court for a determination as to

22-44  whether or not involuntary commitment pursuant to chapter 433A of

22-45  NRS is required.

23-1      Sec. 27.  NRS 179.225 is hereby amended to read as follows:

23-2      179.225  1.  If the punishment of the crime is the confinement

23-3  of the criminal in prison, the expenses must be paid from money

23-4  appropriated to the Office of the Attorney General for that purpose,

23-5  upon approval by the State Board of Examiners. After the

23-6  appropriation is exhausted, the expenses must be paid from

23-7  the Reserve for Statutory Contingency Account upon approval by

23-8  the State Board of Examiners. In all other cases, they must be paid

23-9  out of the county treasury in the county wherein the crime is alleged

23-10  to have been committed. The expenses are:

23-11     (a) If the prisoner is returned to this state from another state, the

23-12  fees paid to the officers of the state on whose governor the

23-13  requisition is made;

23-14     (b) If the prisoner is returned to this state from a foreign country

23-15  or jurisdiction, the fees paid to the officers and agents of this state or

23-16  the United States; or

23-17     (c) If the prisoner is temporarily returned for prosecution to this

23-18  state from another state pursuant to this chapter or chapter 178 of

23-19  NRS and is then returned to the sending state upon completion of

23-20  the prosecution, the fees paid to the officers and agents of this

23-21  state,

23-22  and the necessary traveling expenses and subsistence allowances in

23-23  the amounts authorized by NRS 281.160 incurred in returning the

23-24  prisoner.

23-25     2.  If a person is returned to this state pursuant to this chapter or

23-26  chapter 178 of NRS and is convicted of, or pleads guilty[, guilty but

23-27  mentally ill] or nolo contendere to the criminal charge for which he

23-28  was returned or a lesser criminal charge, the court shall conduct an

23-29  investigation of the financial status of the person to determine his

23-30  ability to make restitution. In conducting the investigation, the court

23-31  shall determine if the person is able to pay any existing obligations

23-32  for:

23-33     (a) Child support;

23-34     (b) Restitution to victims of crimes; and

23-35     (c) Any administrative assessment required to be paid pursuant

23-36  to NRS 62.2175, 176.059 and 176.062.

23-37     3.  If the court determines that the person is financially able to

23-38  pay the obligations described in subsection 2, it shall, in addition to

23-39  any other sentence it may impose, order the person to make

23-40  restitution for the expenses incurred by the Attorney General or

23-41  other governmental entity in returning him to this state. The court

23-42  shall not order the person to make restitution if payment of

23-43  restitution will prevent him from paying any existing obligations

23-44  described in subsection 2. Any amount of restitution remaining

24-1  unpaid constitutes a civil liability arising upon the date of the

24-2  completion of his sentence.

24-3      4.  The Attorney General may adopt regulations to carry out the

24-4  provisions of this section.

24-5      Sec. 28.  NRS 34.735 is hereby amended to read as follows:

24-6      34.735  A petition must be in substantially the following form,

24-7  with appropriate modifications if the petition is filed in the Supreme

24-8  Court:

 

24-9  Case No...............

24-10  Dept. No.............

 

24-11  IN THE .................. JUDICIAL DISTRICT COURT OF THE

24-12  STATE OF NEVADA IN AND FOR THE COUNTY OF...........

 

24-13  ...........................

24-14      Petitioner,

24-15             v.                       PETITION FOR WRIT

24-16                                      OF HABEAS CORPUS

24-17                                        (POSTCONVICTION)

24-18  ...........................

24-19    Respondent.

 

24-20  INSTRUCTIONS:

24-21     (1) This petition must be legibly handwritten or typewritten,

24-22  signed by the petitioner and verified.

24-23     (2) Additional pages are not permitted except where noted or

24-24  with respect to the facts which you rely upon to support your

24-25  grounds for relief. No citation of authorities need be furnished. If

24-26  briefs or arguments are submitted, they should be submitted in the

24-27  form of a separate memorandum.

24-28     (3) If you want an attorney appointed, you must complete the

24-29  Affidavit in Support of Request to Proceed in Forma Pauperis. You

24-30  must have an authorized officer at the prison complete the certificate

24-31  as to the amount of money and securities on deposit to your credit in

24-32  any account in the institution.

24-33     (4) You must name as respondent the person by whom you are

24-34  confined or restrained. If you are in a specific institution of the

24-35  Department of Corrections, name the warden or head of the

24-36  institution. If you are not in a specific institution of the Department

24-37  but within its custody, name the Director of the Department of

24-38  Corrections.

24-39     (5) You must include all grounds or claims for relief which you

24-40  may have regarding your conviction or sentence. Failure to raise all

25-1  grounds in this petition may preclude you from filing future

25-2  petitions challenging your conviction and sentence.

25-3      (6) You must allege specific facts supporting the claims in the

25-4  petition you file seeking relief from any conviction or sentence.

25-5  Failure to allege specific facts rather than just conclusions may

25-6  cause your petition to be dismissed. If your petition contains a claim

25-7  of ineffective assistance of counsel, that claim will operate to waive

25-8  the attorney-client privilege for the proceeding in which you claim

25-9  your counsel was ineffective.

25-10     (7) When the petition is fully completed, the original and one

25-11  copy must be filed with the clerk of the state district court for the

25-12  county in which you were convicted. One copy must be mailed to

25-13  the respondent, one copy to the Attorney General’s Office, and one

25-14  copy to the district attorney of the county in which you were

25-15  convicted or to the original prosecutor if you are challenging your

25-16  original conviction or sentence. Copies must conform in all

25-17  particulars to the original submitted for filing.

 

25-18  PETITION

 

25-19  1.  Name of institution and county in which you are presently

25-20  imprisoned or where and how you are presently restrained of your

25-21  liberty: ..............................................................

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

25-23  2.  Name and location of court which entered the judgment of

25-24  conviction under attack: ..................................

25-25  ...........................................................................

25-26  ................ 3.  Date of judgment of conviction:  

25-27  ............................................... 4.  Case number:  

25-28  ................................ 5.  (a) Length of sentence:  

25-29  ...........................................................................

25-30  (b) If sentence is death, state any date upon which execution is

25-31  scheduled:.........................................................

25-32  6.  Are you presently serving a sentence for a conviction other

25-33  than the conviction under attack in this motion? Yes ........ No ........

25-34  If “yes,” list crime, case number and sentence being served at this

25-35  time: .................................................................

25-36  ...........................................................................

25-37  ...........................................................................

25-38  7.  Nature of offense involved in conviction being

25-39  challenged: .......................................................

25-40  ...........................................................................

25-41  ........................................................... 8.  What was your plea? (check one)

25-42  ........................................................................................ (a) Not guilty ........

25-43  .............................................................................................. (b) Guilty ........

26-1                                                                       (c) [Guilty but mentally ill .......

26-2                                                                               (d)] Nolo contendere ........

26-3  9.  If you entered a plea of guilty [or guilty but mentally ill] to

26-4  one count of an indictment or information, and a plea of not guilty

26-5  to another count of an indictment or information, or if a plea of

26-6  guilty [or guilty but mentally ill] was negotiated, give details:    

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

26-8  ............................................................................

26-9                    10.  If you were found guilty after a plea of not guilty, was the

26-10  finding made by: (check one)

26-11  .................................................................................................. (a) Jury ........

26-12  ...................................................................... (b) Judge without a jury ........

26-13  .................................... 11.  Did you testify at the trial? Yes ........ No ........

26-14  ............. 12.  Did you appeal from the judgment of conviction? Yes ........

26-15  No ........

26-16  .............................................. 13.  If you did appeal, answer the following:

26-17  ............................................ (a) Name of court:  

26-18  ............................ (b) Case number or citation:  

26-19  ......................................................... (c) Result:  

26-20  ............................................. (d) Date of result:  

26-21  .......................................... (Attach copy of order or decision, if available.)

26-22  14.  If you did not appeal, explain briefly why you did not:

26-23  ...........................................................................

26-24  ...........................................................................

26-25  ............... 15.  Other than a direct appeal from the judgment of conviction

26-26  and sentence, have you previously filed any petitions, applications

26-27  or motions with respect to this judgment in any court, state or

26-28  federal? Yes ........ No ........

26-29  ..................... 16.  If your answer to No. 15 was “yes,” give the following

26-30  information:

26-31     (a).................................... (1) Name of court:  

26-32                                   (2) Nature of proceeding:  

26-33  ...........................................................................

26-34                                             (3) Grounds raised:  

26-35  ...........................................................................

26-36  ...........................................................................

26-37     (4) Did you receive an evidentiary hearing on your petition,

26-38  application or motion? Yes ........ No ........

26-39                                                            (5) Result:  

26-40                                                (6) Date of result:  

26-41     (7) If known, citations of any written opinion or date of

26-42  orders entered pursuant to such result: ..........

26-43  ...........................................................................

 

27-1      (b) As to any second petition, application or motion, give the

27-2  same information:

27-3                                               (1) Name of court:  

27-4                                    (2) Nature of proceeding:  

27-5                                              (3) Grounds raised:  

27-6      (4) Did you receive an evidentiary hearing on your petition,

27-7  application or motion? Yes ........ No ........

27-8                                                             (5) Result:  

27-9                                                 (6) Date of result:  

27-10     (7) If known, citations of any written opinion or date of

27-11  orders entered pursuant to such result: ..........

27-12  ...........................................................................

27-13  (c) As to any third or subsequent additional applications or

27-14  motions, give the same information as above, list them on a separate

27-15  sheet and attach.

27-16     (d) Did you appeal to the highest state or federal court having

27-17  jurisdiction, the result or action taken on any petition, application or

27-18  motion?

27-19         (1) First petition, application or motion? Yes ........ No ........

27-20                               ..................... Citation or date of decision:  

27-21     (2) Second petition, application or motion? Yes ........

27-22  No .........

27-23                               ..................... Citation or date of decision:  

27-24     (3) Third or subsequent petitions, applications or motions?

27-25  Yes ....... No ........

27-26                               ..................... Citation or date of decision:  

27-27  (e) If you did not appeal from the adverse action on any petition,

27-28  application or motion, explain briefly why you did not. (You must

27-29  relate specific facts in response to this question. Your response may

27-30  be included on paper which is 8 1/2 by 11 inches attached to the

27-31  petition. Your response may not exceed five handwritten or

27-32  typewritten pages in length.) ...........................

27-33  ...........................................................................

27-34  ...........................................................................

27-35     17.  Has any ground being raised in this petition been

27-36  previously presented to this or any other court by way of petition for

27-37  habeas corpus, motion, application or any other postconviction

27-38  proceeding? If so, identify:

27-39  ............. (a) Which of the grounds is the same:  

27-40  ...........................................................................

27-41  (b) The proceedings in which these grounds were raised:

27-42  ...........................................................................

27-43  (c) Briefly explain why you are again raising these grounds.

27-44  (You must relate specific facts in response to this question. Your

27-45  response may be included on paper which is 8 1/2 by 11 inches

28-1  attached to the petition. Your response may not exceed five

28-2  handwritten or typewritten pages in length.) ...

28-3  ............................................................................

28-4  18.  If any of the grounds listed in Nos. 23(a), (b), (c) and (d),

28-5  or listed on any additional pages you have attached, were not

28-6  previously presented in any other court, state or federal, list briefly

28-7  what grounds were not so presented, and give your reasons for not

28-8  presenting them. (You must relate specific facts in response to this

28-9  question. Your response may be included on paper which is 8 1/2 by

28-10  11 inches attached to the petition. Your response may not exceed

28-11  five handwritten or typewritten pages in length.)   

28-12  ...........................................................................

28-13  19.  Are you filing this petition more than 1 year following the

28-14  filing of the judgment of conviction or the filing of a decision on

28-15  direct appeal? If so, state briefly the reasons for the delay. (You

28-16  must relate specific facts in response to this question. Your response

28-17  may be included on paper which is 8 1/2 by 11 inches attached to

28-18  the petition. Your response may not exceed five handwritten or

28-19  typewritten pages in length.) ...........................

28-20  ...........................................................................

28-21  20.  Do you have any petition or appeal now pending in

28-22  any court, either state or federal, as to the judgment under attack?

28-23  Yes ........ No ........

28-24  If yes, state what court and the case number: .

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

28-26  21.  Give the name of each attorney who represented you in the

28-27  proceeding resulting in your conviction and on direct appeal:

28-28  ...........................................................................

28-29  22.  Do you have any future sentences to serve after you

28-30  complete the sentence imposed by the judgment under attack?

28-31  Yes ........ No ........

28-32  If yes, specify where and when it is to be served, if you know:   

28-33  ...........................................................................

28-34     23.  State concisely every ground on which you claim that you

28-35  are being held unlawfully. Summarize briefly the facts supporting

28-36  each ground. If necessary you may attach pages stating additional

28-37  grounds and facts supporting same.

28-38  ................................................ (a) Ground one:  

28-39  ...........................................................................

28-40  Supporting FACTS (Tell your story briefly without citing cases or

28-41  law.): ................................................................

28-42  ...........................................................................

28-43  ...........................................................................

28-44  ................................................ (b) Ground two:  

28-45  ...........................................................................

29-1  Supporting FACTS (Tell your story briefly without citing cases or

29-2  law.): .................................................................

29-3  ............................................................................

29-4  ............................................................................

29-5                                                  (c) Ground three:  

29-6  ............................................................................

29-7  Supporting FACTS (Tell your story briefly without citing cases or

29-8  law.): .................................................................

29-9  ............................................................................

29-10  ...........................................................................

29-11  ............................................... (d) Ground four:  

29-12  ...........................................................................

29-13  Supporting FACTS (Tell your story briefly without citing cases or

29-14  law.): ................................................................

29-15  ...........................................................................

29-16  ...........................................................................

29-17  WHEREFORE, petitioner prays that the court grant petitioner

29-18  relief to which he may be entitled in this proceeding.

29-19     EXECUTED at ................... on the ....... day of the month of .......

29-20  of the year .......

29-21                                                                              ...............................

29-22                                             Signature of petitioner

29-23                                                                              ...............................

29-24                                                         Address

29-25  ...................................

29-26  Signature of attorney (if any)

29-27  ...................................

29-28  Attorney for petitioner

29-29  ...................................

29-30           Address

 

29-31  VERIFICATION

 

29-32     Under penalty of perjury, the undersigned declares that he is the

29-33  petitioner named in the foregoing petition and knows the contents

29-34  thereof; that the pleading is true of his own knowledge, except as to

29-35  those matters stated on information and belief, and as to such

29-36  matters he believes them to be true.

 

29-37                                                                              ...............................

29-38                                                       Petitioner

29-39                                                                              ...............................

29-40                                             Attorney for petitioner

 

 

30-1  CERTIFICATE OF SERVICE BY MAIL

 

30-2      I, ................................, hereby certify pursuant to N.R.C.P. 5(b),

30-3  that on this ........ day of the month of ........ of the year ........, I

30-4  mailed a true and correct copy of the foregoing PETITION FOR

30-5  WRIT OF HABEAS CORPUS addressed to:

 

30-6                                                                               ...................................................

30-7                          Respondent prison or jail official

30-8                                                                               ...................................................

30-9                                               Address

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

30-11                          Attorney General

30-12                          Heroes’ Memorial Building

30-13                          Capitol Complex

30-14                          Carson City, Nevada 89710

 

30-15                                                                              ...................................................

30-16                  District Attorney of County of Conviction

30-17                                                                              ...................................................

30-18                                              Address

30-19                                                                              ...............................

30-20                                             Signature of Petitioner

 

30-21     Sec. 29.  NRS 34.810 is hereby amended to read as follows:

30-22     34.810  1.  The court shall dismiss a petition if the court

30-23  determines that:

30-24     (a) The petitioner’s conviction was upon a plea of guilty [or

30-25  guilty but mentally ill] and the petition is not based upon an

30-26  allegation that the plea was involuntarily or unknowingly entered or

30-27  that the plea was entered without effective assistance of counsel.

30-28     (b) The petitioner’s conviction was the result of a trial and the

30-29  grounds for the petition could have been:

30-30         (1) Presented to the trial court;

30-31         (2) Raised in a direct appeal or a prior petition for a writ of

30-32  habeas corpus or postconviction relief; or

30-33         (3) Raised in any other proceeding that the petitioner has

30-34  taken to secure relief from his conviction and sentence,

30-35  unless the court finds both cause for the failure to present the

30-36  grounds and actual prejudice to the petitioner.

30-37     2.  A second or successive petition must be dismissed if the

30-38  judge or justice determines that it fails to allege new or different

30-39  grounds for relief and that the prior determination was on the merits

30-40  or, if new and different grounds are alleged, the judge or justice

31-1  finds that the failure of the petitioner to assert those grounds in a

31-2  prior petition constituted an abuse of the writ.

31-3      3.  Pursuant to subsections 1 and 2, the petitioner has the

31-4  burden of pleading and proving specific facts that demonstrate:

31-5      (a) Good cause for the petitioner’s failure to present the claim or

31-6  for presenting the claim again; and

31-7      (b) Actual prejudice to the petitioner.

31-8  The petitioner shall include in the petition all prior proceedings in

31-9  which he challenged the same conviction or sentence.

31-10     4.  The court may dismiss a petition that fails to include any

31-11  prior proceedings of which the court has knowledge through the

31-12  record of the court or through the pleadings submitted by the

31-13  respondent.

31-14     Sec. 30.  NRS 41B.070 is hereby amended to read as follows:

31-15     41B.070  “Convicted” and “conviction” mean a judgment based

31-16  upon:

31-17     1.  A plea of guilty[, guilty but mentally ill] or nolo contendere;

31-18     2.  A finding of guilt by a jury or a court sitting without a jury;

31-19     3.  An adjudication of delinquency or finding of guilt by a court

31-20  having jurisdiction over juveniles; or

31-21     4.  Any other admission or finding of guilt in a criminal action

31-22  or a proceeding in a court having jurisdiction over juveniles.

31-23     Sec. 31.  NRS 48.061 is hereby amended to read as follows:

31-24     48.061  Evidence of domestic violence as defined in NRS

31-25  33.018 and expert testimony concerning the effect of domestic

31-26  violence on the beliefs, behavior and perception of the person

31-27  alleging the domestic violence is admissible in chief and in rebuttal,

31-28  when determining:

31-29     1.  Whether a person is excepted from criminal liability

31-30  pursuant to subsection [6] 7 of NRS 194.010, to show the state of

31-31  mind of the defendant.

31-32     2.  Whether a person in accordance with NRS 200.200 has

31-33  killed another in self-defense, toward the establishment of the legal

31-34  defense.

31-35     Sec. 32.  NRS 48.125 is hereby amended to read as follows:

31-36     48.125  1.  Evidence of a plea of guilty [or guilty but mentally

31-37  ill,] , later withdrawn, or of an offer to plead guilty [or guilty but

31-38  mentally ill] to the crime charged or any other crime is not

31-39  admissible in a criminal proceeding involving the person who made

31-40  the plea or offer.

31-41     2.  Evidence of a plea of nolo contendere or of an offer to plead

31-42  nolo contendere to the crime charged or any other crime is not

31-43  admissible in a civil or criminal proceeding involving the person

31-44  who made the plea or offer.

 

32-1      Sec. 33.  NRS 50.068 is hereby amended to read as follows:

32-2      50.068  1.  A defendant is not incompetent to be a witness

32-3  solely by reason of the fact that he enters into an agreement with the

32-4  prosecuting attorney in which he agrees to testify against another

32-5  defendant in exchange for a plea of guilty[, guilty but mentally ill]

32-6  or nolo contendere to a lesser charge or for a recommendation of a

32-7  reduced sentence.

32-8      2.  The testimony of the defendant who is testifying may be

32-9  admitted whether or not he has entered his plea or been sentenced

32-10  pursuant to the agreement with the prosecuting attorney.

32-11     Sec. 34.  NRS 51.295 is hereby amended to read as follows:

32-12     51.295  1.  Evidence of a final judgment, entered after trial or

32-13  upon a plea of guilty , [or guilty but mentally ill,] but not upon a

32-14  plea of nolo contendere, adjudging a person guilty of a crime

32-15  punishable by death or imprisonment in excess of 1 year, is not

32-16  inadmissible under the hearsay rule to prove any fact essential to

32-17  sustain the judgment.

32-18     2.  This section does not make admissible, when offered by the

32-19  State in a criminal prosecution for purposes other than

32-20  impeachment, a judgment against a person other than the accused.

32-21     3.  The pendency of an appeal may be shown but does not affect

32-22  admissibility.

32-23     Sec. 35.  NRS 193.210 is hereby amended to read as follows:

32-24     193.210  A person is of sound mind who is not affected with

32-25  insanity and who has arrived at the age of 14 years, or before that

32-26  age if he knew the distinction between good and evil.

32-27     Sec. 36.  NRS 193.220 is hereby amended to read as follows:

32-28     193.220  No act committed by a person while in a state of

32-29  [insanity or] voluntary intoxication shall be deemed less criminal by

32-30  reason of his condition, but whenever the actual existence of any

32-31  particular purpose, motive or intent is a necessary element to

32-32  constitute a particular species or degree of crime, the fact of his

32-33  [insanity or] intoxication may be taken into consideration in

32-34  determining the purpose, motive or intent.

32-35     Sec. 37.  NRS 194.010 is hereby amended to read as follows:

32-36     194.010  All persons are liable to punishment except those

32-37  belonging to the following classes:

32-38     1.  Children under the age of 8 years.

32-39     2.  Children between the ages of 8 years and 14 years, in the

32-40  absence of clear proof that at the time of committing the act charged

32-41  against them they knew its wrongfulness.

32-42     3.  Persons who committed the act charged or made the

32-43  omission charged in a state of insanity.

32-44     4.  Persons who committed the act or made the omission

32-45  charged under an ignorance or mistake of fact, which disproves any

33-1  criminal intent, where a specific intent is required to constitute the

33-2  offense.

33-3      [4.] 5. Persons who committed the act charged without being

33-4  conscious thereof.

33-5      [5.] 6. Persons who committed the act or made the omission

33-6  charged, through misfortune or by accident, when it appears that

33-7  there was no evil design, intention or culpable negligence.

33-8      [6.] 7. Persons, unless the crime is punishable with death, who

33-9  committed the act or made the omission charged under threats or

33-10  menaces sufficient to show that they had reasonable cause to

33-11  believe, and did believe, their lives would be endangered if they

33-12  refused, or that they would suffer great bodily harm.

33-13     Sec. 38.  NRS 200.485 is hereby amended to read as follows:

33-14     200.485  1.  Unless a greater penalty is provided pursuant to

33-15  NRS 200.481, a person convicted of a battery that constitutes

33-16  domestic violence pursuant to NRS 33.018:

33-17     (a) For the first offense within 7 years, is guilty of a

33-18  misdemeanor and shall be sentenced to:

33-19         (1) Imprisonment in the city or county jail or detention

33-20  facility for not less than 2 days, but not more than 6 months; and

33-21         (2) Perform not less than 48 hours, but not more than

33-22  120 hours, of community service.

33-23  The person shall be further punished by a fine of not less than $200,

33-24  but not more than $1,000. A term of imprisonment imposed

33-25  pursuant to this paragraph may be served intermittently at the

33-26  discretion of the judge or justice of the peace, except that each

33-27  period of confinement must be not less than 4 consecutive hours and

33-28  must occur at a time when the person is not required to be at his

33-29  place of employment or on a weekend.

33-30     (b) For the second offense within 7 years, is guilty of a

33-31  misdemeanor and shall be sentenced to:

33-32         (1) Imprisonment in the city or county jail or detention

33-33  facility for not less than 10 days, but not more than 6 months; and

33-34         (2) Perform not less than 100 hours, but not more than

33-35  200 hours, of community service.

33-36  The person shall be further punished by a fine of not less than $500,

33-37  but not more than $1,000.

33-38     (c) For the third and any subsequent offense within 7 years, is

33-39  guilty of a category C felony and shall be punished as provided in

33-40  NRS 193.130.

33-41     2.  In addition to any other penalty, if a person is convicted of a

33-42  battery which constitutes domestic violence pursuant to NRS

33-43  33.018, the court shall:

33-44     (a) For the first offense within 7 years, require him to participate

33-45  in weekly counseling sessions of not less than 1 1/2 hours per week

34-1  for not less than 6 months, but not more than 12 months, at his

34-2  expense, in a program for the treatment of persons who commit

34-3  domestic violence that has been certified pursuant to NRS 228.470.

34-4      (b) For the second offense within 7 years, require him to

34-5  participate in weekly counseling sessions of not less than 1 1/2

34-6  hours per week for 12 months, at his expense, in a program for the

34-7  treatment of persons who commit domestic violence that has been

34-8  certified pursuant to NRS 228.470.

34-9      3.  An offense that occurred within 7 years immediately

34-10  preceding the date of the principal offense or after the principal

34-11  offense constitutes a prior offense for the purposes of this section

34-12  when evidenced by a conviction, without regard to the sequence of

34-13  the offenses and convictions. The facts concerning a prior offense

34-14  must be alleged in the complaint, indictment or information, must

34-15  not be read to the jury or proved at trial but must be proved at the

34-16  time of sentencing and, if the principal offense is alleged to be a

34-17  felony, must also be shown at the preliminary examination or

34-18  presented to the grand jury.

34-19     4.  In addition to any other fine or penalty, the court shall order

34-20  such a person to pay an administrative assessment of $35. Any

34-21  money so collected must be paid by the clerk of the court to the

34-22  State Controller on or before the fifth day of each month for the

34-23  preceding month for credit to the Account for Programs Related to

34-24  Domestic Violence established pursuant to NRS 228.460.

34-25     5.  In addition to any other penalty, the court may require such a

34-26  person to participate, at his expense, in a program of treatment for

34-27  the abuse of alcohol or drugs that has been certified by the Health

34-28  Division of the Department of Human Resources.

34-29     6.  If it appears from information presented to the court that a

34-30  child under the age of 18 years may need counseling as a result of

34-31  the commission of a battery which constitutes domestic violence

34-32  pursuant to NRS 33.018, the court may refer the child to an agency

34-33  which provides child welfare services. If the court refers a child to

34-34  an agency which provides child welfare services, the court shall

34-35  require the person convicted of a battery which constitutes domestic

34-36  violence pursuant to NRS 33.018 to reimburse the agency for the

34-37  costs of any services provided, to the extent of his ability to pay.

34-38     7.  If a person is charged with committing a battery which

34-39  constitutes domestic violence pursuant to NRS 33.018, a

34-40  prosecuting attorney shall not dismiss such a charge in exchange for

34-41  a plea of guilty[, guilty but mentally ill] or nolo contendere to a

34-42  lesser charge or for any other reason unless he knows, or it is

34-43  obvious, that the charge is not supported by probable cause or

34-44  cannot be proved at the time of trial. A court shall not grant

35-1  probation to and, except as otherwise provided in NRS 4.373 and

35-2  5.055, a court shall not suspend the sentence of such a person.

35-3      8.  As used in this section:

35-4      (a) “Agency which provides child welfare services” has the

35-5  meaning ascribed to it in NRS 432B.030.

35-6      (b) “Battery” has the meaning ascribed to it in paragraph (a) of

35-7  subsection 1 of NRS 200.481.

35-8      (c) “Offense” includes a battery which constitutes domestic

35-9  violence pursuant to NRS 33.018 or a violation of the law of any

35-10  other jurisdiction that prohibits the same or similar conduct.

35-11     Sec. 39.  NRS 202.270 is hereby amended to read as follows:

35-12     202.270  1.  A person who destroys, or attempts to destroy,

35-13  with dynamite, nitroglycerine, gunpowder or other high explosive,

35-14  any dwelling house or other building, knowing or having reason to

35-15  believe that a human being is therein at the time, is guilty of a

35-16  category A felony and shall be punished by imprisonment in the

35-17  state prison:

35-18     (a) For life without the possibility of parole;

35-19     (b) For life with the possibility of parole, with eligibility for

35-20  parole beginning when a minimum of 10 years has been served; or

35-21     (c) For a definite term of 25 years, with eligibility for parole

35-22  beginning when a minimum of 10 years has been served,

35-23  in the discretion of the jury, or of the court upon a plea of guilty . [or

35-24  guilty but mentally ill.]

35-25     2.  A person who conspires with others to commit the offense

35-26  described in subsection 1 shall be punished in the same manner.

35-27     Sec. 40.  NRS 202.885 is hereby amended to read as follows:

35-28     202.885  1.  A person may not be prosecuted or convicted

35-29  pursuant to NRS 202.882 unless a court in this state or any other

35-30  jurisdiction has entered a judgment of conviction against a culpable

35-31  actor for:

35-32     (a) The violent or sexual offense against the child; or

35-33     (b) Any other offense arising out of the same facts as the violent

35-34  or sexual offense against the child.

35-35     2.  For any violation of NRS 202.882, an indictment must be

35-36  found or an information or complaint must be filed within 1 year

35-37  after the date on which:

35-38     (a) A court in this state or any other jurisdiction has entered a

35-39  judgment of conviction against a culpable actor as provided in

35-40  subsection 1; or

35-41     (b) The violation is discovered,

35-42  whichever occurs later.

35-43     3.  For the purposes of this section:

36-1      (a) A court in “any other jurisdiction” includes, without

36-2  limitation, a tribal court or a court of the United States or the Armed

36-3  Forces of the United States.

36-4      (b) “Convicted” and “conviction” mean a judgment based upon:

36-5          (1) A plea of guilty[, guilty but mentally ill] or nolo

36-6  contendere;

36-7          (2) A finding of guilt by a jury or a court sitting without a

36-8  jury;

36-9          (3) An adjudication of delinquency or finding of guilt by a

36-10  court having jurisdiction over juveniles; or

36-11         (4) Any other admission or finding of guilt in a criminal

36-12  action or a proceeding in a court having jurisdiction over juveniles.

36-13     (c) A court “enters” a judgment of conviction against a person

36-14  on the date on which guilt is admitted, adjudicated or found,

36-15  whether or not:

36-16         (1) The court has imposed a sentence, a penalty or other

36-17  sanction for the conviction; or

36-18         (2) The person has exercised any right to appeal the

36-19  conviction.

36-20     (d) “Culpable actor” means a person who:

36-21         (1) Causes or perpetrates an unlawful act;

36-22         (2) Aids, abets, commands, counsels, encourages, hires,

36-23  induces, procures or solicits another person to cause or perpetrate an

36-24  unlawful act; or

36-25         (3) Is a principal in any degree, accessory before or after the

36-26  fact, accomplice or conspirator to an unlawful act.

36-27     Sec. 41.  NRS 207.016 is hereby amended to read as follows:

36-28     207.016  1.  A conviction pursuant to NRS 207.010, 207.012

36-29  or 207.014 operates only to increase, not to reduce, the sentence

36-30  otherwise provided by law for the principal crime.

36-31     2.  If a count pursuant to NRS 207.010, 207.012 or 207.014 is

36-32  included in an information charging the primary offense, each

36-33  previous conviction must be alleged in the accusatory pleading, but

36-34  no such conviction may be alluded to on trial of the primary offense,

36-35  nor may any allegation of the conviction be read in the presence of a

36-36  jury trying the offense or a grand jury considering an indictment for

36-37  the offense. A count pursuant to NRS 207.010, 207.012 or 207.014

36-38  may be separately filed after conviction of the primary offense, but

36-39  if it is so filed, sentence must not be imposed, or the hearing

36-40  required by subsection 3 held, until 15 days after the separate filing.

36-41     3.  If a defendant charged pursuant to NRS 207.010, 207.012 or

36-42  207.014 pleads guilty [or guilty but mentally ill to,] to or is found

36-43  guilty of[,] the primary offense[,] but denies any previous

36-44  conviction charged, the court shall determine the issue of the

36-45  previous conviction after hearing all relevant evidence presented on

37-1  the issue by the prosecution and the defendant. At such a hearing,

37-2  the defendant may not challenge the validity of a previous

37-3  conviction. The court shall impose sentence:

37-4      (a) Pursuant to NRS 207.010 upon finding that the defendant

37-5  has suffered previous convictions sufficient to support an

37-6  adjudication of habitual criminality;

37-7      (b) Pursuant to NRS 207.012 upon finding that the defendant

37-8  has suffered previous convictions sufficient to support an

37-9  adjudication of habitual felon; or

37-10     (c) Pursuant to NRS 207.014 upon finding that the defendant

37-11  has suffered previous convictions sufficient to support an

37-12  adjudication of habitually fraudulent felon.

37-13     4.  Nothing in the provisions of this section, NRS 207.010,

37-14  207.012 or 207.014 limits the prosecution in introducing evidence

37-15  of prior convictions for purposes of impeachment.

37-16     5.  For the purposes of NRS 207.010, 207.012 and 207.014, a

37-17  certified copy of a felony conviction is prima facie evidence of

37-18  conviction of a prior felony.

37-19     6.  Nothing in the provisions of this section, NRS 207.010,

37-20  207.012 or 207.014 prohibits a court from imposing an adjudication

37-21  of habitual criminality, adjudication of habitual felon or adjudication

37-22  of habitually fraudulent felon based upon a stipulation of the parties.

37-23     Sec. 42.  NRS 207.193 is hereby amended to read as follows:

37-24     207.193  1.  Except as otherwise provided in subsection 4, if a

37-25  person is convicted of coercion or attempted coercion in violation of

37-26  paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the

37-27  request of the prosecuting attorney, conduct a separate hearing to

37-28  determine whether the offense was sexually motivated. A request

37-29  for such a hearing may not be submitted to the court unless the

37-30  prosecuting attorney, not less than 72 hours before the

37-31  commencement of the trial, files and serves upon the defendant a

37-32  written notice of his intention to request such a hearing.

37-33     2.  A hearing requested pursuant to subsection 1 must be

37-34  conducted before:

37-35     (a) The court imposes its sentence; or

37-36     (b) A separate penalty hearing is conducted.

37-37     3.  At the hearing, only evidence concerning the question of

37-38  whether the offense was sexually motivated may be presented. The

37-39  prosecuting attorney must prove beyond a reasonable doubt that the

37-40  offense was sexually motivated.

37-41     4.  A person may stipulate that his offense was sexually

37-42  motivated before a hearing held pursuant to subsection 1 or as part

37-43  of an agreement to plead nolo contendere[, guilty] or guilty . [but

37-44  mentally ill.]

37-45     5.  The court shall enter in the record:

38-1      (a) Its finding from a hearing held pursuant to subsection 1; or

38-2      (b) A stipulation made pursuant to subsection 4.

38-3      6.  For the purposes of this section, an offense is “sexually

38-4  motivated” if one of the purposes for which the person committed

38-5  the offense was his sexual gratification.

38-6      Sec. 43.  NRS 212.189 is hereby amended to read as follows:

38-7      212.189  1.  Except as otherwise provided in subsection 9, a

38-8  prisoner who is in lawful custody or confinement, other than

38-9  residential confinement, shall not knowingly:

38-10     (a) Store or stockpile any human excrement or bodily fluid;

38-11     (b) Sell, supply or provide any human excrement or bodily fluid

38-12  to any other person;

38-13     (c) Buy, receive or acquire any human excrement or bodily fluid

38-14  from any other person; or

38-15     (d) Use, propel, discharge, spread or conceal, or cause to be

38-16  used, propelled, discharged, spread or concealed, any human

38-17  excrement or bodily fluid:

38-18         (1) With the intent to have the excrement or bodily fluid

38-19  come into physical contact with any portion of the body of an

38-20  officer or employee of a prison or any other person, whether or not

38-21  such physical contact actually occurs; or

38-22         (2) Under circumstances in which the excrement or bodily

38-23  fluid is reasonably likely to come into physical contact with any

38-24  portion of the body of an officer or employee of a prison or any

38-25  other person, whether or not such physical contact actually occurs.

38-26     2.  Except as otherwise provided in subsection 3, if a prisoner

38-27  violates any provision of subsection 1, the prisoner is guilty of a

38-28  category B felony and shall be punished by imprisonment in the

38-29  state prison for a minimum term of not less than 2 years and a

38-30  maximum term of not more than 10 years, and may be further

38-31  punished by a fine of not more than $10,000.

38-32     3.  If a prisoner violates any provision of paragraph (d) of

38-33  subsection 1 and, at the time of the offense, the prisoner knew that

38-34  any portion of the excrement or bodily fluid involved in the offense

38-35  contained a communicable disease that causes or is reasonably

38-36  likely to cause substantial bodily harm, whether or not the

38-37  communicable disease was transmitted to a victim as a result of the

38-38  offense, the prisoner is guilty of a category A felony and shall be

38-39  punished by imprisonment in the state prison:

38-40     (a) For life with the possibility of parole, with eligibility for

38-41  parole beginning when a minimum of 10 years has been served; or

38-42     (b) For a definite term of 25 years, with eligibility for parole

38-43  beginning when a minimum of 10 years has been served,

38-44  and may be further punished by a fine of not more than $50,000.

39-1      4.  A sentence imposed upon a prisoner pursuant to

39-2  subsection 2 or 3:

39-3      (a) Is not subject to suspension or the granting of probation; and

39-4      (b) Must run consecutively after the prisoner has served any

39-5  sentences imposed upon him for the offense or offenses for which

39-6  the prisoner was in lawful custody or confinement when he violated

39-7  the provisions of subsection 1.

39-8      5.  In addition to any other penalty, the court shall order a

39-9  prisoner who violates any provision of paragraph (d) of subsection 1

39-10  to reimburse the appropriate person or governmental body for the

39-11  cost of any examinations or testing:

39-12     (a) Conducted pursuant to paragraphs (a) and (b) of

39-13  subsection 7; or

39-14     (b) Paid for pursuant to subparagraph (2) of paragraph (c) of

39-15  subsection 7.

39-16     6.  The warden, sheriff, administrator or other person

39-17  responsible for administering a prison shall immediately and fully

39-18  investigate any act described in subsection 1 that is reported or

39-19  suspected to have been committed in the prison.

39-20     7.  If there is probable cause to believe that an act described in

39-21  paragraph (d) of subsection 1 has been committed in a prison:

39-22     (a) Each prisoner believed to have committed the act or to have

39-23  been the bodily source of any portion of the excrement or bodily

39-24  fluid involved in the act must submit to any appropriate

39-25  examinations and testing to determine whether each such prisoner

39-26  has any communicable disease.

39-27     (b) If possible, a sample of the excrement or bodily fluid

39-28  involved in the act must be recovered and tested to determine

39-29  whether any communicable disease is present in the excrement or

39-30  bodily fluid.

39-31     (c) If the excrement or bodily fluid involved in the act came into

39-32  physical contact with any portion of the body of an officer or

39-33  employee of a prison or any other person:

39-34         (1) The results of any examinations or testing conducted

39-35  pursuant to paragraphs (a) and (b) must be provided to each such

39-36  officer, employee or other person; and

39-37         (2) For each such officer or employee, the person or

39-38  governmental body operating the prison where the act was

39-39  committed shall pay for any appropriate examinations and testing

39-40  requested by the officer or employee to determine whether a

39-41  communicable disease was transmitted to him as a result of the act.

39-42     (d) The results of the investigation conducted pursuant to

39-43  subsection 6 and the results of any examinations or testing

39-44  conducted pursuant to paragraphs (a) and (b) must be submitted to

39-45  the district attorney of the county in which the act was committed or

40-1  to the office of the Attorney General for possible prosecution of

40-2  each prisoner who committed the act.

40-3      8.  If a prisoner is charged with committing an act described in

40-4  paragraph (d) of subsection 1 and a victim or an intended victim of

40-5  the act was an officer or employee of a prison, the prosecuting

40-6  attorney shall not dismiss the charge in exchange for a plea of guilty

40-7  [, guilty but mentally ill] or nolo contendere to a lesser charge or for

40-8  any other reason unless the prosecuting attorney knows or it is

40-9  obvious that the charge is not supported by probable cause or cannot

40-10  be proved at the time of trial.

40-11     9.  The provisions of this section do not apply to a prisoner who

40-12  commits an act described in subsection 1 if the act:

40-13     (a) Is otherwise lawful and is authorized by the warden, sheriff,

40-14  administrator or other person responsible for administering the

40-15  prison, or his designee, and the prisoner performs the act in

40-16  accordance with the directions or instructions given to him by that

40-17  person;

40-18     (b) Involves the discharge of human excrement or bodily fluid

40-19  directly from the body of the prisoner and the discharge is the direct

40-20  result of a temporary or permanent injury, disease or medical

40-21  condition afflicting the prisoner that prevents the prisoner from

40-22  having physical control over the discharge of his own excrement or

40-23  bodily fluid; or

40-24     (c) Constitutes voluntary sexual conduct with another person in

40-25  violation of the provisions of NRS 212.187.

40-26     Sec. 44.  NRS 453.3363 is hereby amended to read as follows:

40-27     453.3363  1.  If a person who has not previously been

40-28  convicted of any offense pursuant to NRS 453.011 to 453.552,

40-29  inclusive, or pursuant to any statute of the United States or of any

40-30  state relating to narcotic drugs, marijuana, or stimulant, depressant

40-31  or hallucinogenic substances tenders a plea of guilty, [guilty but

40-32  mentally ill,] nolo contendere or similar plea to a charge pursuant to

40-33  subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is

40-34  found guilty of one of those charges, the court, without entering a

40-35  judgment of conviction and with the consent of the accused, may

40-36  suspend further proceedings and place him on probation upon terms

40-37  and conditions that must include attendance and successful

40-38  completion of an educational program or, in the case of a person

40-39  dependent upon drugs, of a program of treatment and rehabilitation

40-40  pursuant to NRS 453.580.

40-41     2.  Upon violation of a term or condition, the court may enter a

40-42  judgment of conviction and proceed as provided in the section

40-43  pursuant to which the accused was charged. Notwithstanding the

40-44  provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

41-1  violation of a term or condition, the court may order the person to

41-2  the custody of the Department of Corrections.

41-3      3.  Upon fulfillment of the terms and conditions, the court shall

41-4  discharge the accused and dismiss the proceedings against him. A

41-5  nonpublic record of the dismissal must be transmitted to and

41-6  retained by the Division of Parole and Probation of the Department

41-7  of Public Safety solely for the use of the courts in determining

41-8  whether, in later proceedings, the person qualifies under this section.

41-9      4.  Except as otherwise provided in subsection 5, discharge and

41-10  dismissal under this section is without adjudication of guilt and is

41-11  not a conviction for purposes of this section or for purposes of

41-12  employment, civil rights or any statute or regulation or license or

41-13  questionnaire or for any other public or private purpose, but is a

41-14  conviction for the purpose of additional penalties imposed for

41-15  second or subsequent convictions or the setting of bail. Discharge

41-16  and dismissal restores the person discharged, in the contemplation

41-17  of the law, to the status occupied before the arrest, indictment or

41-18  information. He may not be held thereafter under any law to be

41-19  guilty of perjury or otherwise giving a false statement by reason of

41-20  failure to recite or acknowledge that arrest, indictment, information

41-21  or trial in response to an inquiry made of him for any purpose.

41-22  Discharge and dismissal under this section may occur only once

41-23  with respect to any person.

41-24     5.  A professional licensing board may consider a proceeding

41-25  under this section in determining suitability for a license or liability

41-26  to discipline for misconduct. Such a board is entitled for those

41-27  purposes to a truthful answer from the applicant or licensee

41-28  concerning any such proceeding with respect to him.

41-29     Sec. 45.  NRS 453.348 is hereby amended to read as follows:

41-30     453.348  In any proceeding brought under NRS 453.316,

41-31  453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401,

41-32  any previous convictions of the offender for a felony relating to

41-33  controlled substances must be alleged in the indictment or

41-34  information charging the primary offense, but the conviction may

41-35  not be alluded to on the trial of the primary offense nor may any

41-36  evidence of the previous offense be produced in the presence of the

41-37  jury except as otherwise prescribed by law. If the offender pleads

41-38  guilty [or guilty but mentally ill] to or is convicted of the primary

41-39  offense but denies any previous conviction charged, the court shall

41-40  determine the issue after hearing all relevant evidence. A certified

41-41  copy of a conviction of a felony is prima facie evidence of the

41-42  conviction.

41-43     Sec. 46.  NRS 453.575 is hereby amended to read as follows:

41-44     453.575  1.  If a defendant pleads guilty [or guilty but

41-45  mentally ill to,] to or is found guilty of[,] any violation of this

42-1  chapter and an analysis of a controlled substance or other substance

42-2  or drug was performed in relation to his case, the court shall include

42-3  in the sentence an order that the defendant pay the sum of $60 as a

42-4  fee for the analysis of the controlled substance or other substance or

42-5  drug.

42-6      2.  Except as otherwise provided in this subsection, any money

42-7  collected for such an analysis must not be deducted from, and is in

42-8  addition to, any fine otherwise imposed by the court and must be:

42-9      (a) Collected from the defendant before or at the same time that

42-10  the fine is collected.

42-11     (b) Stated separately in the judgment of the court or on the

42-12  court’s docket.

42-13     3.  The money collected pursuant to subsection 1 in any district,

42-14  municipal or justice’s court must be paid by the clerk of the court to

42-15  the county or city treasurer, as appropriate, on or before the fifth day

42-16  of each month for the preceding month.

42-17     4.  The board of county commissioners of each county shall by

42-18  ordinance create in the county treasury a fund to be designated as

42-19  the fund for forensic services. The governing body of each city shall

42-20  create in the city treasury a fund to be designated as the fund for

42-21  forensic services. Upon receipt, the county or city treasurer, as

42-22  appropriate, shall deposit any fee for the analyses of controlled

42-23  substances or other substances or drugs in the fund. The money

42-24  from such deposits must be accounted for separately within the

42-25  fund.

42-26     5.  Except as otherwise provided in subsection 6, each month

42-27  the treasurer shall, from the money credited to the fund pursuant to

42-28  subsection 3, pay any amount owed for forensic services and deposit

42-29  any remaining money in the county or city general fund, as

42-30  appropriate.

42-31     6.  In counties which do not receive forensic services under a

42-32  contract with the State, the money deposited in the fund for forensic

42-33  services pursuant to subsection 4 must be expended, except as

42-34  otherwise provided in this subsection:

42-35     (a) To pay for the analyses of controlled substances or other

42-36  substances or drugs performed in connection with criminal

42-37  investigations within the county;

42-38     (b) To purchase and maintain equipment to conduct these

42-39  analyses; and

42-40     (c) For the training and continuing education of the employees

42-41  who conduct these analyses.

42-42  Money from the fund must not be expended to cover the costs of

42-43  analyses conducted by, equipment used by or training for employees

42-44  of an analytical laboratory not registered with the Drug Enforcement

42-45  Administration of the United States Department of Justice.

43-1      Sec. 47.  NRS 454.358 is hereby amended to read as follows:

43-2      454.358  1.  When a defendant pleads guilty [or guilty but

43-3  mentally ill to,] to or is found guilty of[,] any violation of this

43-4  chapter and an analysis of a dangerous drug was performed in

43-5  relation to his case, the justice or judge shall include in the sentence

43-6  the sum of $50 as a fee for the analysis of the dangerous drug.

43-7      2.  The money collected for such an analysis must not be

43-8  deducted from the fine imposed by the justice or judge, but must be

43-9  taxed against the defendant in addition to the fine. The money

43-10  collected for such an analysis must be stated separately on the

43-11  court’s docket and must be included in the amount posted for bail. If

43-12  the defendant is found not guilty or the charges are dropped, the

43-13  money deposited with the court must be returned to the defendant.

43-14     3.  The money collected pursuant to subsection 1 in municipal

43-15  court must be paid by the clerk of the court to the county treasurer

43-16  on or before the [5th] fifth day of each month for the preceding

43-17  month.

43-18     4.  The money collected pursuant to subsection 1 in justices’

43-19  courts must be paid by the clerk of the court to the county treasurer

43-20  on or before the [5th] fifth day of each month for the preceding

43-21  month.

43-22     5.  The board of county commissioners of each county shall by

43-23  ordinance, before September 1, 1987, create in the county treasury a

43-24  fund to be designated as the fund for forensic services. Upon receipt,

43-25  the county treasurer shall deposit any fee for the analyses of

43-26  dangerous drugs in the fund.

43-27     6.  In counties which receive forensic services under a contract

43-28  with the State, any money in the fund for forensic services must be

43-29  paid monthly by the county treasurer to the State Treasurer for

43-30  deposit in the State General Fund, after retaining 2 percent of the

43-31  money to cover his administrative expenses.

43-32     7.  In counties which do not receive forensic services under a

43-33  contract with the State, money in the fund for forensic services must

43-34  be expended, except as otherwise provided in this subsection:

43-35     (a) To pay for the analyses of dangerous drugs performed in

43-36  connection with criminal investigations within the county;

43-37     (b) To purchase and maintain equipment to conduct these

43-38  analyses; and

43-39     (c) For the training and continuing education of the employees

43-40  who conduct these analyses.

43-41  Money from the fund must not be expended to cover the costs of

43-42  analyses conducted by, equipment used by or training for employees

43-43  of an analytical laboratory not registered with the Drug Enforcement

43-44  Administration of the United States Department of Justice.

 

44-1      Sec. 48.  NRS 483.560 is hereby amended to read as follows:

44-2      483.560  1.  Except as otherwise provided in subsection 2, any

44-3  person who drives a motor vehicle on a highway or on premises to

44-4  which the public has access at a time when his driver’s license has

44-5  been cancelled, revoked or suspended is guilty of a misdemeanor.

44-6      2.  Except as otherwise provided in this subsection, if the

44-7  license of the person was suspended, revoked or restricted

44-8  because of:

44-9      (a) A violation of NRS 484.379, 484.3795 or 484.384;

44-10     (b) A homicide resulting from driving or being in actual

44-11  physical control of a vehicle while under the influence of

44-12  intoxicating liquor or a controlled substance or resulting from any

44-13  other conduct prohibited by NRS 484.379 or 484.3795; or

44-14     (c) A violation of a law of any other jurisdiction that

44-15  prohibits the same or similar conduct as set forth in paragraph (a)

44-16  or (b),

44-17  the person shall be punished by imprisonment in jail for not less

44-18  than 30 days nor more than 6 months or by serving a term of

44-19  residential confinement for not less than 60 days nor more than 6

44-20  months, and shall be further punished by a fine of not less than $500

44-21  nor more than $1,000. A person who is punished pursuant to this

44-22  subsection may not be granted probation, and a sentence imposed

44-23  for such a violation may not be suspended. A prosecutor may not

44-24  dismiss a charge of such a violation in exchange for a plea of guilty

44-25  [, of guilty but mentally ill] or of nolo contendere to a lesser charge

44-26  or for any other reason, unless in his judgment the charge is not

44-27  supported by probable cause or cannot be proved at trial. The

44-28  provisions of this subsection do not apply if the period of revocation

44-29  has expired but the person has not reinstated his license.

44-30     3.  A term of imprisonment imposed pursuant to the provisions

44-31  of this section may be served intermittently at the discretion of the

44-32  judge or justice of the peace. This discretion must be exercised after

44-33  considering all the circumstances surrounding the offense, and the

44-34  family and employment of the person convicted. However, the full

44-35  term of imprisonment must be served within 6 months after the date

44-36  of conviction, and any segment of time the person is imprisoned

44-37  must not consist of less than 24 hours.

44-38     4.  Jail sentences simultaneously imposed pursuant to this

44-39  section and NRS 484.3792, 484.37937 or 484.3794 must run

44-40  consecutively.

44-41     5.  If the Department receives a record of the conviction or

44-42  punishment of any person pursuant to this section upon a charge of

44-43  driving a vehicle while his license was:

44-44     (a) Suspended, the Department shall extend the period of the

44-45  suspension for an additional like period.

45-1      (b) Revoked, the Department shall extend the period of

45-2  ineligibility for a license, permit or privilege to drive for an

45-3  additional 1 year.

45-4      (c) Restricted, the Department shall revoke his restricted license

45-5  and extend the period of ineligibility for a license, permit or

45-6  privilege to drive for an additional 1 year.

45-7      (d) Suspended or cancelled for an indefinite period, the

45-8  Department shall suspend his license for an additional 6 months for

45-9  the first violation and an additional 1 year for each subsequent

45-10  violation.

45-11     6.  Suspensions and revocations imposed pursuant to this

45-12  section must run consecutively.

45-13     Sec. 49.  NRS 484.3792 is hereby amended to read as follows:

45-14     484.3792  1.  Unless a greater penalty is provided pursuant

45-15  to NRS 484.3795, a person who violates the provisions of

45-16  NRS 484.379:

45-17     (a) For the first offense within 7 years, is guilty of a

45-18  misdemeanor. Unless he is allowed to undergo treatment as

45-19  provided in NRS 484.37937, the court shall:

45-20         (1) Except as otherwise provided in subparagraph (4) or

45-21  subsection 6, order him to pay tuition for an educational course on

45-22  the abuse of alcohol and controlled substances approved by the

45-23  Department and complete the course within the time specified in the

45-24  order, and the court shall notify the Department if he fails to

45-25  complete the course within the specified time;

45-26         (2) Unless the sentence is reduced pursuant to NRS

45-27  484.37937, sentence him to imprisonment for not less than 2 days

45-28  nor more than 6 months in jail, or to perform not less than 48 hours,

45-29  but not more than 96 hours, of community service while dressed in

45-30  distinctive garb that identifies him as having violated the provisions

45-31  of NRS 484.379;

45-32         (3) Fine him not less than $400 nor more than $1,000; and

45-33         (4) If he is found to have a concentration of alcohol of 0.18

45-34  or more in his blood or breath, order him to attend a program of

45-35  treatment for the abuse of alcohol or drugs pursuant to the

45-36  provisions of NRS 484.37945.

45-37     (b) For a second offense within 7 years, is guilty of a

45-38  misdemeanor. Unless the sentence is reduced pursuant to NRS

45-39  484.3794, the court shall:

45-40         (1) Sentence him to:

45-41             (I) Imprisonment for not less than 10 days nor more than

45-42  6 months in jail; or

45-43             (II) Residential confinement for not less than 10 days nor

45-44  more than 6 months, in the manner provided in NRS 4.376 to

45-45  4.3766, inclusive, or 5.0755 to 5.078, inclusive;

46-1          (2) Fine him not less than $750 nor more than $1,000;

46-2          (3) Order him to perform not less than 100 hours, but not

46-3  more than 200 hours, of community service while dressed in

46-4  distinctive garb that identifies him as having violated the provisions

46-5  of NRS 484.379, unless the court finds that extenuating

46-6  circumstances exist; and

46-7          (4) Order him to attend a program of treatment for the

46-8  abuse of alcohol or drugs pursuant to the provisions of

46-9  NRS 484.37945.

46-10  A person who willfully fails or refuses to complete successfully a

46-11  term of residential confinement or a program of treatment ordered

46-12  pursuant to this subsection is guilty of a misdemeanor.

46-13     (c) For a third or subsequent offense within 7 years, is guilty of

46-14  a category B felony and shall be punished by imprisonment in the

46-15  state prison for a minimum term of not less than 1 year and a

46-16  maximum term of not more than 6 years, and shall be further

46-17  punished by a fine of not less than $2,000 nor more than $5,000. An

46-18  offender so imprisoned must, insofar as practicable, be segregated

46-19  from offenders whose crimes were violent and, insofar as

46-20  practicable, be assigned to an institution or facility of minimum

46-21  security.

46-22     2.  An offense that occurred within 7 years immediately

46-23  preceding the date of the principal offense or after the principal

46-24  offense constitutes a prior offense for the purposes of this section

46-25  when evidenced by a conviction, without regard to the sequence of

46-26  the offenses and convictions. The facts concerning a prior offense

46-27  must be alleged in the complaint, indictment or information, must

46-28  not be read to the jury or proved at trial but must be proved at the

46-29  time of sentencing and, if the principal offense is alleged to be a

46-30  felony, must also be shown at the preliminary examination or

46-31  presented to the grand jury.

46-32     3.  A person convicted of violating the provisions of NRS

46-33  484.379 must not be released on probation, and a sentence imposed

46-34  for violating those provisions must not be suspended except, as

46-35  provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that

46-36  portion of the sentence imposed that exceeds the mandatory

46-37  minimum. A prosecuting attorney shall not dismiss a charge of

46-38  violating the provisions of NRS 484.379 in exchange for a plea of

46-39  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

46-40  or for any other reason unless he knows or it is obvious that the

46-41  charge is not supported by probable cause or cannot be proved at the

46-42  time of trial.

46-43     4.  A term of confinement imposed pursuant to the provisions

46-44  of this section may be served intermittently at the discretion of the

46-45  judge or justice of the peace, except that a person who is convicted

47-1  of a second or subsequent offense within 7 years must be confined

47-2  for at least one segment of not less than 48 consecutive hours. This

47-3  discretion must be exercised after considering all the circumstances

47-4  surrounding the offense, and the family and employment of the

47-5  offender, but any sentence of 30 days or less must be served within

47-6  6 months after the date of conviction or, if the offender was

47-7  sentenced pursuant to NRS 484.37937 or 484.3794 and the

47-8  suspension of his sentence was revoked, within 6 months after the

47-9  date of revocation. Any time for which the offender is confined

47-10  must consist of not less than 24 consecutive hours.

47-11     5.  Jail sentences simultaneously imposed pursuant to this

47-12  section and NRS 482.456, 483.560 or 485.330 must run

47-13  consecutively.

47-14     6.  If the person who violated the provisions of NRS 484.379

47-15  possesses a driver’s license issued by a state other than the State of

47-16  Nevada and does not reside in the State of Nevada, in carrying out

47-17  the provisions of subparagraph (1) of paragraph (a) of subsection 1,

47-18  the court shall:

47-19     (a) Order the person to pay tuition for and submit evidence of

47-20  completion of an educational course on the abuse of alcohol and

47-21  controlled substances approved by a governmental agency of the

47-22  state of his residence within the time specified in the order; or

47-23     (b) Order him to complete an educational course by

47-24  correspondence on the abuse of alcohol and controlled substances

47-25  approved by the Department within the time specified in the

47-26  order,

47-27  and the court shall notify the Department if the person fails to

47-28  complete the assigned course within the specified time.

47-29     7.  If the defendant was transporting a person who is less than

47-30  15 years of age in the motor vehicle at the time of the violation, the

47-31  court shall consider that fact as an aggravating factor in determining

47-32  the sentence of the defendant.

47-33     8.  As used in this section, unless the context otherwise

47-34  requires:

47-35     (a) “Concentration of alcohol of 0.18 or more in his blood or

47-36  breath” means 0.18 gram or more of alcohol per 100 milliliters of

47-37  the blood of a person or per 210 liters of this breath.

47-38     (b) “Offense” means:

47-39         (1) A violation of NRS 484.379 or 484.3795;

47-40         (2) A homicide resulting from driving or being in actual

47-41  physical control of a vehicle while under the influence of

47-42  intoxicating liquor or a controlled substance or resulting from any

47-43  other conduct prohibited by NRS 484.379 or 484.3795; or

48-1          (3) A violation of a law of any other jurisdiction that

48-2  prohibits the same or similar conduct as set forth in paragraph (a)

48-3  or (b).

48-4      Sec. 50.  NRS 484.3795 is hereby amended to read as follows:

48-5      484.3795  1.  A person who:

48-6      (a) Is under the influence of intoxicating liquor;

48-7      (b) Has a concentration of alcohol of 0.10 or more in his blood

48-8  or breath;

48-9      (c) Is found by measurement within 2 hours after driving or

48-10  being in actual physical control of a vehicle to have a concentration

48-11  of alcohol of 0.10 or more in his blood or breath;

48-12     (d) Is under the influence of a controlled substance or is under

48-13  the combined influence of intoxicating liquor and a controlled

48-14  substance;

48-15     (e) Inhales, ingests, applies or otherwise uses any chemical,

48-16  poison or organic solvent, or any compound or combination of any

48-17  of these, to a degree which renders him incapable of safely driving

48-18  or exercising actual physical control of a vehicle; or

48-19     (f) Has a prohibited substance in his blood or urine in an amount

48-20  that is equal to or greater than the amount set forth in subsection 3

48-21  of NRS 484.379,

48-22  and does any act or neglects any duty imposed by law while driving

48-23  or in actual physical control of any vehicle on or off the highways of

48-24  this state, if the act or neglect of duty proximately causes the death

48-25  of, or substantial bodily harm to, a person other than himself, is

48-26  guilty of a category B felony and shall be punished by imprisonment

48-27  in the state prison for a minimum term of not less than 2 years and a

48-28  maximum term of not more than 20 years and must be further

48-29  punished by a fine of not less than $2,000 nor more than $5,000. A

48-30  person so imprisoned must, insofar as practicable, be segregated

48-31  from offenders whose crimes were violent and, insofar as

48-32  practicable, be assigned to an institution or facility of minimum

48-33  security.

48-34     2.  A prosecuting attorney shall not dismiss a charge of

48-35  violating the provisions of subsection 1 in exchange for a plea of

48-36  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

48-37  or for any other reason unless he knows or it is obvious that the

48-38  charge is not supported by probable cause or cannot be proved at the

48-39  time of trial. A sentence imposed pursuant to subsection 1 may not

48-40  be suspended nor may probation be granted.

48-41     3.  If consumption is proven by a preponderance of the

48-42  evidence, it is an affirmative defense under paragraph (c) of

48-43  subsection 1 that the defendant consumed a sufficient quantity of

48-44  alcohol after driving or being in actual physical control of the

48-45  vehicle, and before his blood or breath was tested, to cause him to

49-1  have a concentration of alcohol of 0.10 or more in his blood or

49-2  breath. A defendant who intends to offer this defense at a trial

49-3  or preliminary hearing must, not less than 14 days before the trial or

49-4  hearing or at such other time as the court may direct, file and serve

49-5  on the prosecuting attorney a written notice of that intent.

49-6      4.  If the defendant was transporting a person who is less than

49-7  15 years of age in the motor vehicle at the time of the violation, the

49-8  court shall consider that fact as an aggravating factor in determining

49-9  the sentence of the defendant.

49-10     Sec. 51.  NRS 484.3797 is hereby amended to read as follows:

49-11     484.3797  1.  The judge or judges in each judicial district shall

49-12  cause the preparation and maintenance of a list of the panels of

49-13  persons who:

49-14     (a) Have been injured or had members of their families or close

49-15  friends injured or killed by a person who was driving or in actual

49-16  physical control of a vehicle while under the influence of

49-17  intoxicating liquor or a controlled substance or who was engaging in

49-18  any other conduct prohibited by NRS 484.379 or 484.3795 or a law

49-19  of any other jurisdiction that prohibits the same or similar conduct;

49-20  and

49-21     (b) Have, by contacting the judge or judges in the district,

49-22  expressed their willingness to discuss collectively the personal

49-23  effect of those crimes.

49-24  The list must include the name and telephone number of the person

49-25  to be contacted regarding each such panel and a schedule of times

49-26  and locations of the meetings of each such panel. The judge or

49-27  judges shall establish, in cooperation with representatives of the

49-28  members of the panels, a fee, if any, to be paid by defendants who

49-29  are ordered to attend a meeting of the panel. The amount of the fee,

49-30  if any, must be reasonable. The panel may not be operated for profit.

49-31     2.  Except as otherwise provided in this subsection, if a

49-32  defendant pleads guilty [or guilty but mentally ill to,] to or is found

49-33  guilty of[,] any violation of NRS 484.379 or 484.3795, the court

49-34  shall, in addition to imposing any other penalties provided by law,

49-35  order the defendant to:

49-36     (a) Attend, at the defendant’s expense, a meeting of a panel of

49-37  persons who have been injured or had members of their families or

49-38  close friends injured or killed by a person who was driving or in

49-39  actual physical control of a vehicle while under the influence of

49-40  intoxicating liquor or a controlled substance or who was engaging in

49-41  any other conduct prohibited by NRS 484.379 or 484.3795 or a law

49-42  of any other jurisdiction that prohibits the same or similar conduct,

49-43  in order to have the defendant understand the effect such a crime has

49-44  on other persons; and

50-1      (b) Pay the fee, if any, established by the court pursuant to

50-2  subsection 1.

50-3  The court may, but is not required to, order the defendant to attend

50-4  such a meeting if one is not available within 60 miles of the

50-5  defendant’s residence.

50-6      3.  A person ordered to attend a meeting pursuant to subsection

50-7  2 shall, after attending the meeting, present evidence or other

50-8  documentation satisfactory to the court that he attended the meeting

50-9  and remained for its entirety.

50-10     Sec. 52.  NRS 484.3798 is hereby amended to read as follows:

50-11     484.3798  1.  If a defendant pleads guilty [or guilty but

50-12  mentally ill to,] to or is found guilty of[,] any violation of NRS

50-13  484.379 or 484.3795 and a chemical analysis of his blood, urine,

50-14  breath or other bodily substance was conducted, the court shall, in

50-15  addition to any penalty provided by law, order the defendant to pay

50-16  the sum of $60 as a fee for the chemical analysis. Except as

50-17  otherwise provided in this subsection, any money collected for the

50-18  chemical analysis must not be deducted from, and is in addition to,

50-19  any fine otherwise imposed by the court and must be:

50-20     (a) Collected from the defendant before or at the same time that

50-21  the fine is collected.

50-22     (b) Stated separately in the judgment of the court or on the

50-23  court’s docket.

50-24     2.  All money collected pursuant to subsection 1 must be paid

50-25  by the clerk of the court to the county or city treasurer, as

50-26  appropriate, on or before the fifth day of each month for the

50-27  preceding month.

50-28     3.  The treasurer shall deposit all money received by him

50-29  pursuant to subsection 2 in the county or city treasury, as

50-30  appropriate, for credit to the fund for forensic services created

50-31  pursuant to NRS 453.575. The money must be accounted for

50-32  separately within the fund.

50-33     4.  Except as otherwise provided in subsection 5, each month

50-34  the treasurer shall, from the money credited to the fund pursuant to

50-35  subsection 3, pay any amount owed for forensic services and deposit

50-36  any remaining money in the county or city general fund, as

50-37  appropriate.

50-38     5.  In counties that do not receive forensic services under a

50-39  contract with the State, the money credited to the fund pursuant to

50-40  subsection 3:

50-41     (a) Except as otherwise provided in paragraph (b), must be:

50-42         (1) Expended to pay for the chemical analyses performed

50-43  within the county;

50-44         (2) Expended to purchase and maintain equipment to conduct

50-45  such analyses;

51-1          (3) Expended for the training and continuing education of the

51-2  employees who conduct such analyses; and

51-3          (4) Paid to law enforcement agencies which conduct such

51-4  analyses to be used by those agencies in the manner provided in this

51-5  subsection.

51-6      (b) May only be expended to cover the costs of chemical

51-7  analyses conducted by, equipment used by, or training for

51-8  employees of an analytical laboratory that is approved by the

51-9  committee on testing for intoxication created in NRS 484.388.

51-10     Sec. 53.  NRS 484.3945 is hereby amended to read as follows:

51-11     484.3945  1.  A person required to install a device pursuant to

51-12  NRS 484.3943 shall not operate a motor vehicle without a device or

51-13  tamper with the device.

51-14     2.  A person who violates any provision of subsection 1:

51-15     (a) Must have his driving privilege revoked in the manner set

51-16  forth in subsection 4 of NRS 483.460; and

51-17     (b) Shall be:

51-18         (1) Punished by imprisonment in jail for not less than 30

51-19  days nor more than 6 months; or

51-20         (2) Sentenced to a term of not less than 60 days in residential

51-21  confinement nor more than 6 months, and by a fine of not less than

51-22  $500 nor more than $1,000.

51-23  No person who is punished pursuant to this section may be granted

51-24  probation , and no sentence imposed for such a violation may be

51-25  suspended. No prosecutor may dismiss a charge of such a violation

51-26  in exchange for a plea of guilty[, of guilty but mentally ill] or of

51-27  nolo contendere to a lesser charge or for any other reason unless, in

51-28  his judgment, the charge is not supported by probable cause or

51-29  cannot be proved at trial.

51-30     Sec. 54.  NRS 488.420 is hereby amended to read as follows:

51-31     488.420  1.  A person who:

51-32     (a) Is under the influence of intoxicating liquor;

51-33     (b) Has a concentration of alcohol of 0.10 or more in his blood

51-34  or breath;

51-35     (c) Is found by measurement within 2 hours after operating or

51-36  being in actual physical control of a vessel under power or sail to

51-37  have a concentration of alcohol of 0.10 or more in his blood or

51-38  breath;

51-39     (d) Is under the influence of a controlled substance or is under

51-40  the combined influence of intoxicating liquor and a controlled

51-41  substance;

51-42     (e) Inhales, ingests, applies or otherwise uses any chemical,

51-43  poison or organic solvent, or any compound or combination of any

51-44  of these, to a degree which renders him incapable of safely

52-1  operating or being in actual physical control of a vessel under power

52-2  or sail; or

52-3      (f) Has a prohibited substance in his blood or urine in an amount

52-4  that is equal to or greater than the amount set forth in subsection 3

52-5  of NRS 488.410,

52-6  and does any act or neglects any duty imposed by law while

52-7  operating or being in actual physical control of any vessel under

52-8  power or sail, if the act or neglect of duty proximately causes the

52-9  death of, or substantial bodily harm to, a person other than himself,

52-10  is guilty of a category B felony and shall be punished by

52-11  imprisonment in the state prison for a minimum term of not less

52-12  than 2 years and a maximum term of not more than 20 years and

52-13  shall be further punished by a fine of not less than $2,000 nor more

52-14  than $5,000. A person so imprisoned must, insofar as practicable, be

52-15  segregated from offenders whose crimes were violent and, insofar as

52-16  practicable, be assigned to an institution or facility of minimum

52-17  security.

52-18     2.  A prosecuting attorney shall not dismiss a charge of

52-19  violating the provisions of subsection 1 in exchange for a plea of

52-20  guilty[, guilty but mentally ill] or nolo contendere to a lesser charge

52-21  or for any other reason unless he knows or it is obvious that the

52-22  charge is not supported by probable cause or cannot be proved at the

52-23  time of trial. A sentence imposed pursuant to subsection 1 must not

52-24  be suspended, and probation must not be granted.

52-25     3.  If consumption is proven by a preponderance of the

52-26  evidence, it is an affirmative defense under paragraph (c) of

52-27  subsection 1 that the defendant consumed a sufficient quantity of

52-28  alcohol after operating or being in actual physical control of the

52-29  vessel under power or sail, and before his blood was tested, to cause

52-30  him to have a concentration of alcohol of 0.10 or more in his blood

52-31  or breath. A defendant who intends to offer this defense at a trial or

52-32  preliminary hearing must, not less than 14 days before the trial or

52-33  hearing or at such other time as the court may direct, file and serve

52-34  on the prosecuting attorney a written notice of that intent.

52-35     4.  If a person less than 15 years of age was in the vessel at the

52-36  time of the defendant’s violation, the court shall consider that fact as

52-37  an aggravating factor in determining the sentence of the defendant.

52-38     Sec. 55.  NRS 488.440 is hereby amended to read as follows:

52-39     488.440  1.  If a defendant pleads guilty [or guilty but

52-40  mentally ill to,] to or is found guilty of, a violation of NRS 488.410

52-41  or 488.420 and a chemical analysis of his blood, urine, breath or

52-42  other bodily substance was conducted, the court shall, in addition to

52-43  any penalty provided by law, order the defendant to pay the sum of

52-44  $60 as a fee for the chemical analysis. Except as otherwise provided

52-45  in this subsection, any money collected for the chemical analysis

53-1  must not be deducted from, and is in addition to, any fine otherwise

53-2  imposed by the court and must be:

53-3      (a) Collected from the defendant before or at the same time that

53-4  the fine is collected.

53-5      (b) Stated separately in the judgment of the court or on the

53-6  court’s docket.

53-7      2.  All money collected pursuant to subsection 1 must be paid

53-8  by the clerk of the court to the county or city treasurer, as

53-9  appropriate, on or before the fifth day of each month for the

53-10  preceding month.

53-11     3.  The treasurer shall deposit all money received by him

53-12  pursuant to subsection 2 in the county or city treasury, as

53-13  appropriate, for credit to the fund for forensic services created

53-14  pursuant to NRS 453.575. The money must be accounted for

53-15  separately within the fund.

53-16     4.  Except as otherwise provided in subsection 5, each month

53-17  the treasurer shall, from the money credited to the fund pursuant to

53-18  subsection 3, pay any amount owed for forensic services and deposit

53-19  any remaining money in the county or city general fund, as

53-20  appropriate.

53-21     5.  In counties that do not receive forensic services under a

53-22  contract with the State, the money credited to the fund pursuant to

53-23  subsection 3:

53-24     (a) Except as otherwise provided in paragraph (b), must be:

53-25         (1) Expended to pay for the chemical analyses performed

53-26  within the county;

53-27         (2) Expended to purchase and maintain equipment to conduct

53-28  such analyses;

53-29         (3) Expended for the training and continuing education of the

53-30  employees who conduct such analyses; and

53-31         (4) Paid to law enforcement agencies which conduct such

53-32  analyses to be used by those agencies in the manner provided in this

53-33  subsection.

53-34     (b) May only be expended to cover the costs of chemical

53-35  analyses conducted by, equipment used by or training for employees

53-36  of an analytical laboratory that is approved by the committee on

53-37  testing for intoxication created in NRS 484.388.

53-38     Sec. 56.  NRS 489.421 is hereby amended to read as follows:

53-39     489.421  The following grounds, among others, constitute

53-40  grounds for disciplinary action under NRS 489.381:

53-41     1.  Revocation or denial of a license issued pursuant to this

53-42  chapter or an equivalent license in any other state, territory or

53-43  country.

53-44     2.  Failure of the licensee to maintain any other license required

53-45  by any political subdivision of this state.

54-1      3.  Failure to respond to a notice served by the Division as

54-2  provided by law within the time specified in the notice.

54-3      4.  Failure to take the corrective action required in a notice of

54-4  violation issued pursuant to NRS 489.291.

54-5      5.  Failure or refusing to permit access by the Administrator to

54-6  documentary materials set forth in NRS 489.231.

54-7      6.  Disregarding or violating any order of the Administrator,

54-8  any agreement with the Division, or any provision of this chapter or

54-9  any regulation adopted under it.

54-10     7.  Conviction of a misdemeanor for violation of any of the

54-11  provisions of this chapter.

54-12     8.  Conviction of or entering a plea of guilty[, guilty but

54-13  mentally ill] or nolo contendere to a felony or a crime of moral

54-14  turpitude in this state or any other state, territory or country.

54-15     9.  Any other conduct that constitutes deceitful, fraudulent or

54-16  dishonest dealing.

54-17     Sec. 57.  NRS 616A.250 is hereby amended to read as follows:

54-18     616A.250  “Incarcerated” means confined in:

54-19     1.  Any local detention facility, county jail, state prison,

54-20  reformatory or other correctional facility as a result of a conviction

54-21  or a plea of guilty or nolo contendere in a criminal proceeding; or

54-22     2.  Any institution or facility for the mentally ill as a result

54-23  of a plea of not guilty by reason of insanity in a criminal

54-24  proceeding,

54-25  in this state, another state or a foreign country.

54-26     Sec. 58.  NRS 624.265 is hereby amended to read as follows:

54-27     624.265  1.  An applicant for a contractor’s license or a

54-28  licensed contractor and each officer, director, partner and associate

54-29  thereof must possess good character. Lack of character may be

54-30  established by showing that the applicant or licensed contractor, or

54-31  any officer, director, partner or associate thereof, has:

54-32     (a) Committed any act which would be grounds for the denial,

54-33  suspension or revocation of a contractor’s license;

54-34     (b) A bad reputation for honesty and integrity;

54-35     (c) Entered a plea of nolo contendere[, guilty] or guilty [but

54-36  mentally ill] to, been found guilty of or been convicted of a crime

54-37  arising out of, in connection with or related to the activities of such

54-38  person in such a manner as to demonstrate his unfitness to act as a

54-39  contractor, and the time for appeal has elapsed or the judgment of

54-40  conviction has been affirmed on appeal; or

54-41     (d) Had a license revoked or suspended for reasons that would

54-42  preclude the granting or renewal of a license for which the

54-43  application has been made.

54-44     2.  Upon the request of the Board, an applicant for a

54-45  contractor’s license, and any officer, director, partner or associate of

55-1  the applicant, must submit to the Board completed fingerprint cards

55-2  and a form authorizing an investigation of the applicant’s

55-3  background and the submission of his fingerprints to the Central

55-4  Repository for Nevada Records of Criminal History and the Federal

55-5  Bureau of Investigation. The fingerprint cards and authorization

55-6  form submitted must be those that are provided to the applicant by

55-7  the Board. The applicant’s fingerprints may be taken by an agent of

55-8  the Board or an agency of law enforcement.

55-9      3.  The Board shall keep the results of the investigation

55-10  confidential and not subject to inspection by the general public.

55-11     4.  The Board shall establish by regulation the fee for

55-12  processing the fingerprints to be paid by the applicant. The fee must

55-13  not exceed the sum of the amounts charged by the Central

55-14  Repository for Nevada Records of Criminal History and the Federal

55-15  Bureau of Investigation for processing the fingerprints.

55-16     5.  The Board may obtain records of a law enforcement agency

55-17  or any other agency that maintains records of criminal history,

55-18  including, without limitation, records of:

55-19     (a) Arrests;

55-20     (b) Guilty pleas;

55-21     (c) Sentencing;

55-22     (d) Probation;

55-23     (e) Parole;

55-24     (f) Bail;

55-25     (g) Complaints; and

55-26     (h) Final dispositions,

55-27  for the investigation of a licensee or an applicant for a contractor’s

55-28  license.

55-29     Sec. 59.  NRS 632.320 is hereby amended to read as follows:

55-30     632.320  The Board may deny, revoke or suspend any license

55-31  or certificate applied for or issued pursuant to this chapter, or take

55-32  other disciplinary action against a licensee or holder of a certificate,

55-33  upon determining that he:

55-34     1.  Is guilty of fraud or deceit in procuring or attempting to

55-35  procure a license or certificate pursuant to this chapter.

55-36     2.  Is guilty of a felony or any offense:

55-37     (a) Involving moral turpitude; or

55-38     (b) Related to the qualifications, functions or duties of a licensee

55-39  or holder of a certificate,

55-40  in which case the record of conviction is conclusive evidence

55-41  thereof.

55-42     3.  Has been convicted of violating any of the provisions of

55-43  NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

55-44  inclusive.

56-1      4.  Is unfit or incompetent by reason of gross negligence or

56-2  recklessness in carrying out usual nursing functions.

56-3      5.  Uses any controlled substance, dangerous drug as defined in

56-4  chapter 454 of NRS, or intoxicating liquor to an extent or in a

56-5  manner which is dangerous or injurious to any other person or

56-6  which impairs his ability to conduct the practice authorized by his

56-7  license or certificate.

56-8      6.  Is mentally incompetent.

56-9      7.  Is guilty of unprofessional conduct, which includes, but is

56-10  not limited to, the following:

56-11     (a) Conviction of practicing medicine without a license in

56-12  violation of chapter 630 of NRS, in which case the record of

56-13  conviction is conclusive evidence thereof.

56-14     (b) Impersonating any applicant or acting as proxy for an

56-15  applicant in any examination required pursuant to this chapter for

56-16  the issuance of a license or certificate.

56-17     (c) Impersonating another licensed practitioner or holder of a

56-18  certificate.

56-19     (d) Permitting or allowing another person to use his license or

56-20  certificate to practice as a licensed practical nurse, registered nurse

56-21  or nursing assistant.

56-22     (e) Repeated malpractice, which may be evidenced by claims of

56-23  malpractice settled against him.

56-24     (f) Physical, verbal or psychological abuse of a patient.

56-25     (g) Conviction for the use or unlawful possession of a controlled

56-26  substance or dangerous drug as defined in chapter 454 of NRS.

56-27     8.  Has willfully or repeatedly violated the provisions of this

56-28  chapter. The voluntary surrender of a license or certificate issued

56-29  pursuant to this chapter is prima facie evidence that the licensee or

56-30  certificate holder has committed or expects to commit a violation of

56-31  this chapter.

56-32     9.  Is guilty of aiding or abetting any person in a violation of

56-33  this chapter.

56-34     10.  Has falsified an entry on a patient’s medical chart

56-35  concerning a controlled substance.

56-36     11.  Has falsified information which was given to a physician,

56-37  pharmacist, podiatric physician or dentist to obtain a controlled

56-38  substance.

56-39     12.  Has been disciplined in another state in connection with a

56-40  license to practice nursing or a certificate to practice as a nursing

56-41  assistant or has committed an act in another state which would

56-42  constitute a violation of this chapter.

56-43     13.  Has engaged in conduct likely to deceive, defraud or

56-44  endanger a patient or the general public.

57-1      14.  Has willfully failed to comply with a regulation, subpoena

57-2  or order of the Board.

57-3  For the purposes of this section, a plea or verdict of guilty [or guilty

57-4  but mentally ill] or a plea of nolo contendere constitutes a

57-5  conviction of an offense. The Board may take disciplinary action

57-6  pending the appeal of a conviction.

57-7      Sec. 60.  NRS 639.006 is hereby amended to read as follows:

57-8      639.006  “Conviction” means a plea or verdict of guilty [or

57-9  guilty but mentally ill] or a conviction following a plea of nolo

57-10  contendere to a charge of a felony, any offense involving moral

57-11  turpitude or any violation of the provisions of this chapter or chapter

57-12  453 or 454 of NRS.

57-13     Sec. 61.  NRS 645.330 is hereby amended to read as follows:

57-14     645.330  1.  Except as otherwise provided by specific statute,

57-15  the Division may approve an application for a license for a person

57-16  who meets all the following requirements:

57-17     (a) Has a good reputation for honesty, trustworthiness and

57-18  integrity and who offers proof of those qualifications satisfactory to

57-19  the Division.

57-20     (b) Has not made a false statement of material fact on his

57-21  application.

57-22     (c) Is competent to transact the business of a real estate broker,

57-23  broker-salesman or salesman in a manner which will safeguard the

57-24  interests of the public.

57-25     (d) Has submitted the statement required pursuant to NRS

57-26  645.358 if the person is a natural person.

57-27     (e) Has passed the examination.

57-28     2.  The Division:

57-29     (a) May deny a license to any person who has been convicted of,

57-30  or entered a plea of guilty[, guilty but mentally ill] or nolo

57-31  contendere to, forgery, embezzlement, obtaining money under false

57-32  pretenses, larceny, extortion, conspiracy to defraud, engaging in a

57-33  real estate business without a license, possessing for the purpose of

57-34  sale any controlled substance or any crime involving moral

57-35  turpitude, in any court of competent jurisdiction in the United States

57-36  or elsewhere; and

57-37     (b) Shall not issue a license to such a person until at least 3 years

57-38  after:

57-39         (1) The person pays any fine or restitution ordered by the

57-40  court; or

57-41         (2) The expiration of the period of the person’s parole,

57-42  probation or sentence,

57-43  whichever is later.

57-44     3.  Suspension or revocation of a license pursuant to this

57-45  chapter or any prior revocation or current suspension in this or any

58-1  other state, district or territory of the United States or any foreign

58-2  country within 10 years before the date of the application is grounds

58-3  for refusal to grant a license.

58-4      4.  A person may not be licensed as a real estate broker unless

58-5  he has been actively engaged as a full-time licensed real estate

58-6  broker-salesman or salesman in this state, or actively engaged as a

58-7  full-time licensed real estate broker, broker-salesman or salesman in

58-8  another state or the District of Columbia, for at least 2 of the 4 years

58-9  immediately preceding the issuance of a broker’s license.

58-10     Sec. 62.  NRS 645.350 is hereby amended to read as follows:

58-11     645.350  1.  An application for a license as a real estate broker,

58-12  broker-salesman or salesman must be submitted in writing to the

58-13  Division upon blanks prepared or furnished by the Division.

58-14     2.  Every application for a real estate broker’s, broker-

58-15  salesman’s or salesman’s license must set forth the following

58-16  information:

58-17     (a) The name, age and address of the applicant. If the applicant

58-18  is a partnership or an association which is applying to do business as

58-19  a real estate broker, the application must contain the name and

58-20  address of each member thereof. If the application is for a

58-21  corporation which is applying to do business as a real estate

58-22  salesman, real estate broker-salesman or real estate broker, the

58-23  application must contain the name and address of each officer and

58-24  director thereof. If the applicant is a limited-liability company which

58-25  is applying to do business as a real estate broker, the company’s

58-26  articles of organization must designate a manager, and the name and

58-27  address of the manager and each member must be listed in the

58-28  application.

58-29     (b) In the case of a broker, the name under which the business is

58-30  to be conducted. The name is a fictitious name if it does not contain

58-31  the name of the applicant or the names of the members of the

58-32  applicant’s company, firm, partnership or association. Except as

58-33  otherwise provided in NRS 645.387, a license must not be issued

58-34  under a fictitious name which includes the name of a real estate

58-35  salesman or broker-salesman. A license must not be issued under the

58-36  same fictitious name to more than one licensee within the State. All

58-37  licensees doing business under a fictitious name shall comply with

58-38  other pertinent statutory regulations regarding the use of fictitious

58-39  names.

58-40     (c) In the case of a broker, the place or places, including the

58-41  street number, city and county, where the business is to be

58-42  conducted.

58-43     (d) If the applicant is a natural person, the social security

58-44  number of the applicant.

59-1      (e) The business or occupation engaged in by the applicant for at

59-2  least 2 years immediately preceding the date of the application, and

59-3  the location thereof.

59-4      (f) The time and place of the applicant’s previous experience in

59-5  the real estate business as a broker or salesman.

59-6      (g) Whether the applicant has ever been convicted of or is under

59-7  indictment for a felony or has entered a plea of guilty[, guilty but

59-8  mentally ill] or nolo contendere to a charge of felony, and if so, the

59-9  nature of the felony.

59-10     (h) Whether the applicant has been convicted of or entered a

59-11  plea of nolo contendere to forgery, embezzlement, obtaining money

59-12  under false pretenses, larceny, extortion, conspiracy to defraud,

59-13  engaging in the business of selling real estate without a license or

59-14  any crime involving moral turpitude.

59-15     (i) Whether the applicant has been refused a real estate broker’s,

59-16  broker-salesman’s or salesman’s license in any state, or whether his

59-17  license as a broker or salesman has been revoked or suspended by

59-18  any other state, district or territory of the United States or any other

59-19  country.

59-20     (j) If the applicant is a member of a limited-liability company,

59-21  partnership or association, or an officer of a corporation, the name

59-22  and address of the office of the limited-liability company,

59-23  partnership, association or corporation of which the applicant is a

59-24  member or officer.

59-25     3.  An applicant for a license as a broker-salesman or salesman

59-26  shall provide a verified statement from the broker with whom he

59-27  will be associated, expressing the intent of that broker to associate

59-28  the applicant with him and to be responsible for the applicant’s

59-29  activities as a licensee.

59-30     4.  If a limited-liability company, partnership or association is

59-31  to do business as a real estate broker, the application for a broker’s

59-32  license must be verified by at least two members thereof. If a

59-33  corporation is to do business as a real estate broker, the application

59-34  must be verified by the president and the secretary thereof.

59-35     Sec. 63.  NRS 645.350 is hereby amended to read as follows:

59-36     645.350  1.  Application for license as a real estate broker,

59-37  broker-salesman or salesman must be made in writing to the

59-38  Division upon blanks prepared or furnished by the Division.

59-39     2.  Every application for a real estate broker’s, broker-

59-40  salesman’s or salesman’s license must set forth the following

59-41  information:

59-42     (a) The name, age and address of the applicant. If the applicant

59-43  is a partnership or an association which is applying to do business as

59-44  a real estate broker, the application must contain the name and

59-45  address of each member thereof. If the application is for a

60-1  corporation which is applying to do business as a real estate

60-2  salesman, real estate broker-salesman or real estate broker, the

60-3  application must contain the name and address of each officer and

60-4  director thereof. If the applicant is a limited-liability company which

60-5  is applying to do business as a real estate broker, the company’s

60-6  articles of organization must designate a manager, and the name and

60-7  address of the manager and each member must be listed in the

60-8  application.

60-9      (b) In the case of a broker, the name under which the business is

60-10  to be conducted. The name is a fictitious name if it does not contain

60-11  the name of the applicant or the names of the members of the

60-12  applicant’s company, firm, partnership or association. Except as

60-13  otherwise provided in NRS 645.387, a license must not be issued

60-14  under a fictitious name which includes the name of a real estate

60-15  salesman or broker-salesman. A license must not be issued under the

60-16  same fictitious name to more than one licensee within the State. All

60-17  licensees doing business under a fictitious name shall comply with

60-18  other pertinent statutory regulations regarding the use of fictitious

60-19  names.

60-20     (c) In the case of a broker, the place or places, including the

60-21  street number, city and county, where the business is to be

60-22  conducted.

60-23     (d) The business or occupation engaged in by the applicant for

60-24  at least 2 years immediately preceding the date of the application,

60-25  and the location thereof.

60-26     (e) The time and place of the applicant’s previous experience in

60-27  the real estate business as a broker or salesman.

60-28     (f) Whether the applicant has ever been convicted of or is under

60-29  indictment for a felony or has entered a plea of guilty[, guilty but

60-30  mentally ill] or nolo contendere to a charge of felony, and if so, the

60-31  nature of the felony.

60-32     (g) Whether the applicant has been convicted of or entered a

60-33  plea of nolo contendere to forgery, embezzlement, obtaining money

60-34  under false pretenses, larceny, extortion, conspiracy to defraud,

60-35  engaging in the business of selling real estate without a license or

60-36  any crime involving moral turpitude.

60-37     (h) Whether the applicant has been refused a real estate broker’s,

60-38  broker-salesman’s or salesman’s license in any state, or whether his

60-39  license as a broker or salesman has been revoked or suspended by

60-40  any other state, district or territory of the United States or any other

60-41  country.

60-42     (i) If the applicant is a member of a limited-liability company,

60-43  partnership or association, or an officer of a corporation, the name

60-44  and address of the office of the limited-liability company,

61-1  partnership, association or corporation of which the applicant is a

61-2  member or officer.

61-3      3.  An applicant for a license as a broker-salesman or salesman

61-4  shall provide a verified statement from the broker with whom he

61-5  will be associated, expressing the intent of that broker to associate

61-6  the applicant with him and to be responsible for the applicant’s

61-7  activities as a licensee.

61-8      4.  If a limited-liability company, partnership or association is

61-9  to do business as a real estate broker, the application for a broker’s

61-10  license must be verified by at least two members thereof. If a

61-11  corporation is to do business as a real estate broker, the application

61-12  must be verified by the president and the secretary thereof.

61-13     Sec. 64.  NRS 645.633 is hereby amended to read as follows:

61-14     645.633  1.  The Commission may take action pursuant to

61-15  NRS 645.630 against any person subject to that section who is

61-16  guilty of:

61-17     (a) Willfully using any trade name, service mark or insigne of

61-18  membership in any real estate organization of which the licensee is

61-19  not a member, without the legal right to do so.

61-20     (b) Violating any order of the Commission, any agreement with

61-21  the Division, any of the provisions of this chapter, chapter 116, 119,

61-22  119A, 119B, 645A or 645C of NRS or any regulation adopted

61-23  thereunder.

61-24     (c) Paying a commission, compensation or a finder’s fee to any

61-25  person for performing the services of a broker, broker-salesman or

61-26  salesman who has not secured his license pursuant to this chapter.

61-27  This subsection does not apply to payments to a broker who is

61-28  licensed in his state of residence.

61-29     (d) A felony, or has entered a plea of guilty[, guilty but

61-30  mentally ill] or nolo contendere to a charge of felony or any crime

61-31  involving fraud, deceit, misrepresentation or moral turpitude.

61-32     (e) Guaranteeing, or having authorized or permitted any person

61-33  to guarantee, future profits which may result from the resale of real

61-34  property.

61-35     (f) Failure to include a fixed date of expiration in any written

61-36  brokerage agreement or to leave a copy of the brokerage agreement

61-37  with the client.

61-38     (g) Accepting, giving or charging any undisclosed commission,

61-39  rebate or direct profit on expenditures made for a client.

61-40     (h) Gross negligence or incompetence in performing any act for

61-41  which he is required to hold a license pursuant to this chapter,

61-42  chapter 119, 119A or 119B of NRS.

61-43     (i) Any other conduct which constitutes deceitful, fraudulent or

61-44  dishonest dealing.

62-1      (j) Any conduct which took place before he became licensed,

62-2  which was in fact unknown to the Division and which would have

62-3  been grounds for denial of a license had the Division been aware of

62-4  the conduct.

62-5      (k) Knowingly permitting any person whose license has been

62-6  revoked or suspended to act as a real estate broker, broker-salesman

62-7  or salesman, with or on behalf of the licensee.

62-8      (l) Recording or causing to be recorded a claim pursuant to the

62-9  provisions of NRS 645.8701 to 645.8811, inclusive, that is

62-10  determined by a district court to be frivolous and made without

62-11  reasonable cause pursuant to NRS 645.8791.

62-12     2.  The Commission may take action pursuant to NRS 645.630

62-13  against a person who is subject to that section for the suspension or

62-14  revocation of a real estate broker’s, broker-salesman’s or salesman’s

62-15  license issued to him by any other jurisdiction.

62-16     3.  The Commission may take action pursuant to NRS 645.630

62-17  against any person who:

62-18     (a) Holds a permit to engage in property management issued

62-19  pursuant to NRS 645.6052; and

62-20     (b) In connection with any property for which the person has

62-21  obtained a written brokerage agreement to manage the property

62-22  pursuant to NRS 645.6056:

62-23         (1) Is convicted of violating any of the provisions of

62-24  NRS 202.470;

62-25         (2) Has been notified in writing by the appropriate

62-26  governmental agency of a potential violation of NRS 244.360,

62-27  244.3603 or 268.4124, and has failed to inform the owner of the

62-28  property of such notification; or

62-29         (3) Has been directed in writing by the owner of the property

62-30  to correct a potential violation of NRS 244.360, 244.3603 or

62-31  268.4124, and has failed to correct the potential violation, if such

62-32  corrective action is within the scope of the person’s duties pursuant

62-33  to the written brokerage agreement.

62-34     4.  The Division shall maintain a log of any complaints that it

62-35  receives relating to activities for which the Commission may take

62-36  action against a person holding a permit to engage in property

62-37  management pursuant to subsection 3.

62-38     5.  On or before February 1 of each odd-numbered year, the

62-39  Division shall submit to the Director of the Legislative Counsel

62-40  Bureau a written report setting forth, for the previous biennium:

62-41     (a) Any complaints included in the log maintained by the

62-42  Division pursuant to subsection 4; and

62-43     (b) Any disciplinary actions taken by the Commission pursuant

62-44  to subsection 3.

 

63-1      Sec. 65.  NRS 645C.290 is hereby amended to read as follows:

63-2      645C.290  An application for a certificate or license must be in

63-3  writing upon a form prepared and furnished by the Division. The

63-4  application must include the following information:

63-5      1.  The name, age and address of the applicant.

63-6      2.  The place or places, including the street number, city and

63-7  county, where the applicant intends to conduct business as an

63-8  appraiser.

63-9      3.  The business, occupation or other employment of the

63-10  applicant during the 5 years immediately preceding the date of the

63-11  application, and the location thereof.

63-12     4.  The periods during which, and the locations where, he

63-13  gained his experience as an intern.

63-14     5.  Whether the applicant has ever been convicted of, is under

63-15  indictment for, or has entered a plea of guilty[, guilty but mentally

63-16  ill] or nolo contendere to:

63-17     (a) A felony, and if so, the nature of the felony.

63-18     (b) Forgery, embezzlement, obtaining money under false

63-19  pretenses, larceny, extortion, conspiracy to defraud or any crime

63-20  involving moral turpitude.

63-21     6.  Whether the applicant has ever been refused a certificate,

63-22  license or permit to act as an appraiser, or has ever had such a

63-23  certificate, license or permit suspended or revoked, in any other

63-24  jurisdiction.

63-25     7.  If the applicant is a member of a partnership or association

63-26  or is an officer of a corporation, the name and address of the

63-27  principal office of the partnership, association or corporation.

63-28     8.  Any other information the Division requires.

63-29     Sec. 66.  NRS 645C.320 is hereby amended to read as follows:

63-30     645C.320  1.  The Administrator shall issue a certificate or

63-31  license, as appropriate, to any person:

63-32     (a) Of good moral character, honesty and integrity;

63-33     (b) Who meets the educational requirements and has the

63-34  experience prescribed in NRS 645C.330;

63-35     (c) Who submits the statement required pursuant to NRS

63-36  645C.295; and

63-37     (d) Who, except as otherwise provided in NRS 645C.360, has

63-38  satisfactorily passed a written examination approved by the

63-39  Commission.

63-40     2.  The Administrator may deny an application for a certificate

63-41  or license to any person who:

63-42     (a) Has been convicted of, or entered a plea of guilty[, guilty

63-43  but mentally ill] or nolo contendere to, forgery, embezzlement,

63-44  obtaining money under false pretenses, larceny, extortion,

63-45  conspiracy to defraud or any crime involving moral turpitude;

64-1      (b) Makes a false statement of a material fact on his application;

64-2  or

64-3      (c) Has had a certificate, license or registration card suspended

64-4  or revoked pursuant to this chapter, or a certificate, license or permit

64-5  to act as an appraiser suspended or revoked in any other jurisdiction,

64-6  within the 10 years immediately preceding the date of his

64-7  application.

64-8      Sec. 67.  NRS 645C.320 is hereby amended to read as follows:

64-9      645C.320  1.  The Administrator shall issue a certificate or

64-10  license, as appropriate, to any person:

64-11     (a) Of good moral character, honesty and integrity;

64-12     (b) Who meets the educational requirements and has the

64-13  experience prescribed in NRS 645C.330; and

64-14     (c) Who, except as otherwise provided in NRS 645C.360, has

64-15  satisfactorily passed a written examination approved by the

64-16  Commission.

64-17     2.  The Administrator may deny an application for a certificate

64-18  or license to any person who:

64-19     (a) Has been convicted of, or entered a plea of guilty[, guilty

64-20  but mentally ill] or nolo contendere to, forgery, embezzlement,

64-21  obtaining money under false pretenses, larceny, extortion,

64-22  conspiracy to defraud or any crime involving moral turpitude;

64-23     (b) Makes a false statement of a material fact on his application;

64-24  or

64-25     (c) Has had a certificate, license or registration card suspended

64-26  or revoked pursuant to this chapter, or a certificate, license or permit

64-27  to act as an appraiser suspended or revoked in any other jurisdiction,

64-28  within the 10 years immediately preceding the date of his

64-29  application.

64-30     Sec. 68.  NRS 690B.029 is hereby amended to read as follows:

64-31     690B.029  1.  A policy of insurance against liability arising

64-32  out of the ownership, maintenance or use of a motor vehicle

64-33  delivered or issued for delivery in this state to a person who is 55

64-34  years of age or older must contain a provision for the reduction in

64-35  the premiums for 3-year periods if the insured:

64-36     (a) Successfully completes, after attaining 55 years of age and

64-37  every 3 years thereafter, a course of traffic safety approved by the

64-38  Department of Motor Vehicles; and

64-39     (b) For the 3-year period before completing the course of traffic

64-40  safety and each 3-year period thereafter:

64-41         (1) Is not involved in an accident involving a motor vehicle

64-42  for which the insured is at fault;

64-43         (2) Maintains a driving record free of violations; and

65-1          (3) Has not been convicted of or entered a plea of guilty[,

65-2  guilty but mentally ill] or nolo contendere to a moving traffic

65-3  violation or an offense involving:

65-4              (I) The operation of a motor vehicle while under the

65-5  influence of intoxicating liquor or a controlled substance; or

65-6              (II) Any other conduct prohibited by NRS 484.379 or

65-7  484.3795 or a law of any other jurisdiction that prohibits the same or

65-8  similar conduct.

65-9      2.  The reduction in the premiums provided for in subsection 1

65-10  must be based on the actuarial and loss experience data available to

65-11  each insurer and must be approved by the Commissioner. Each

65-12  reduction must be calculated based on the amount of the premium

65-13  before any reduction in that premium is made pursuant to this

65-14  section, and not on the amount of the premium once it has been

65-15  reduced.

65-16     3.  A course of traffic safety that an insured is required to

65-17  complete as the result of moving traffic violations must not be used

65-18  as the basis for a reduction in premiums pursuant to this section.

65-19     4.  The organization that offers a course of traffic safety

65-20  approved by the Department of Motor Vehicles shall issue a

65-21  certificate to each person who successfully completes the course. A

65-22  person must use the certificate to qualify for the reduction in the

65-23  premiums pursuant to this section.

65-24     5.  The Commissioner shall review and approve or disapprove a

65-25  policy of insurance that offers a reduction in the premiums pursuant

65-26  to subsection 1. An insurer must receive written approval from the

65-27  commissioner before delivering or issuing a policy with a provision

65-28  containing such a reduction.

65-29     Sec. 69.  NRS 174.041, 176.127 and 176.129 are hereby

65-30  repealed.

65-31     Sec. 70.  The Division of Mental Health and Developmental

65-32  Services of the Department of Human Resources shall adopt

65-33  regulations pursuant to section 23.5 of this act by not later than

65-34  December 31, 2003, and shall begin administering examinations to

65-35  determine eligibility for certification to provide reports and

65-36  evaluations concerning the competency of a defendant pursuant to

65-37  NRS 178.400 to 178.460, inclusive, by not later than March 1, 2004.

65-38     Sec. 71.  The Legislative Counsel shall, in preparing the reprint

65-39  and supplements to the Nevada Revised Statutes, remove or

65-40  appropriately change any references to “guilty but mentally ill.”

65-41     Sec. 72.  1.  This section and sections 1 to 23, inclusive, 24,

65-42  26 to 61, inclusive, 64, 65 and 68 to 71, inclusive, of this act

65-43  become effective on July 1, 2003.

66-1      2.  Section 23.5 of this act becomes effective on July 1, 2003,

66-2  for the purpose of adopting regulations and on July 1, 2004, for all

66-3  other purposes.

66-4      3.  Sections 62 and 66 of this act become effective on July 1,

66-5  2003, and expire by limitation on the date of the repeal of the

66-6  federal law requiring each state to establish procedures for

66-7  withholding, suspending and restricting the professional,

66-8  occupational and recreational licenses for child support arrearages

66-9  and for noncompliance with certain processes relating to paternity or

66-10  child support proceedings.

66-11     4.  Sections 24.5 and 25.5 of this act become effective on

66-12  July 1, 2004.

66-13     5.  Sections 63 and 67 of this act become effective on the date

66-14  of the repeal of the federal law requiring each state to establish

66-15  procedures for withholding, suspending and restricting the

66-16  professional, occupational and recreational licenses for child support

66-17  arrearages and for noncompliance with certain processes relating to

66-18  paternity or child support proceedings.

 

66-19  TEXT OF REPEALED SECTIONS

 

66-20     174.041  Plea of guilty but mentally ill: Hearing;

66-21   examination of defendant and testimony; plea is not defense to

66-22   offense charged; acceptance of plea.

66-23     1.  If a plea of guilty but mentally ill is entered by a defendant,

66-24   the court shall hold a hearing within a reasonable time to determine

66-25   whether the defendant was mentally ill at the time of the

66-26   commission of the alleged offense to which the plea is entered.

66-27     2.  The court may order the examination of the defendant or

66-28   receive the testimony of any expert witness offered by the

66-29   defendant or the prosecuting attorney, or both.

66-30     3.  At the hearing, the court shall advise the defendant that a

66-31   plea of guilty but mentally ill is a plea of guilty and not a defense to

66-32   the alleged offense.

66-33     4.  The court shall accept the plea of guilty but mentally ill only

66-34   if it determines that the defendant was mentally ill at the time of the

66-35   alleged offense to which the plea is entered.

66-36     176.127  Determination of mental condition of defendant;

66-37   treatment if defendant mentally ill at time of sentencing.

66-38     1.  If a court accepts a plea of guilty but mentally ill pursuant to

66-39   NRS 174.041, the court shall, before imposing sentence, afford the

66-40   defendant an opportunity to present evidence of his present mental

67-1  condition. If the defendant claims that he is mentally ill at the time

67-2  of sentencing, the burden of proof is upon the defendant to establish

67-3   that fact by a preponderance of the evidence.

67-4      2.  If the defendant has been ordered to the custody of the

67-5   Department of Corrections, the court may order the Department to

67-6   cause an examination of the defendant to be conducted to determine

67-7   his mental condition, and may receive the evidence of any expert

67-8   witness offered by the defendant or the prosecuting attorney.

67-9      3.  If the court finds:

67-10     (a) That the defendant is not mentally ill at the time of

67-11   sentencing, it shall impose any sentence that it is authorized to

67-12   impose upon a defendant who pleads or is found guilty of the same

67-13   offense.

67-14     (b) By a preponderance of the evidence that the defendant is

67-15   mentally ill at the time of sentencing, it shall impose any sentence

67-16   that it is authorized to impose upon a defendant who pleads or is

67-17   found guilty of the same offense and include in that sentence an

67-18   order that the defendant, during the period of his confinement or

67-19   probation, be given such treatment as is available for his mental

67-20   illness if the court determines that the relative risks and benefits of

67-21   the available treatment are such that a reasonable person would

67-22   consent to such treatment. The treatment must be provided by the

67-23   Department of Corrections.

67-24     176.129  Final judgment of guilty but mentally ill deemed

67-25   judgment of guilty.  Except for the purposes of NRS 176.127, a

67-26   final judgment of guilty but mentally ill shall be deemed to be a

67-27   final judgment of guilty.

 

67-28  H