ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1 page 1, line 3, after “degree” by inserting:
“in a case in which the death penalty is sought”
Amend section 1, page 1, line 4, by deleting “before his” and inserting:
“not less than 10 days before the date set for”.
Amend section 1, page 1, by deleting line 7 and inserting:
“court must:
(a) Stay the proceedings pending a decision on the issue of mental retardation; and
(b) Hold a hearing within a reasonable time before the trial”.
Amend section 1, pages 1 and 2, by deleting lines 9 through 12 on page 1 and lines 1 through 7 on page 2.
Amend section 1, page 2, line 8, by deleting “4.” and inserting “3.”.
Amend section 1, page 2, by deleting lines 9 and 10 and inserting:
“(a) Provide evidence which demonstrates that the defendant is mentally retarded not less than 30 days before the date set”.
Amend section 1, page 2, line 16, by deleting “5.” and inserting “4.”.
Amend section 1, page 2, line 19, by deleting “4.” and inserting “3.”.
Amend section 1, page 2, line 20, by deleting “6.” and inserting “5.”.
Amend section 1, page 2, line 22, after “evidence”by inserting:
“and conduct a cross-examination of any witness”.
Amend section 1, page 2, line 23, after “retarded;” by inserting “and”.
Amend section 1, page 2, line 25, by deleting “retarded; and” and inserting “retarded.”.
Amend section 1, page 2, by deleting lines 26 through 29.
Amend section 1, page 2, line 30, by deleting “7.” and inserting “6.”.
Amend section 1, page 2, line 33, after “defendant.” by inserting:
“Such a finding may be appealed to the Supreme Court.”.
Amend section 1, page 2, by deleting lines 34 through 38 and inserting:
7. For the purposes of this section, “mentally retarded” means significant subaverage general intellectual functioning which exists concurrently with deficits in adaptive behavior and manifested during the developmental period.”.
Amend the bill as a whole by renumbering sections 3 through 5 as sections 5 through 7 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. NRS 175.554 is hereby amended to read as follows:
175.554 In cases in which the death penalty is sought:
1. If the penalty hearing is conducted before a jury, the court shall instruct the jury at the end of the hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.
2. The jury or the panel of judges shall determine:
(a) Whether an aggravating circumstance or circumstances are found to exist;
(b) Whether a mitigating circumstance or circumstances are found to exist; and
(c) Based upon these findings, whether the defendant should be sentenced to life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death.
3. The jury or the panel of judges may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
4. If a jury or a panel of judges imposes a sentence of death, the court shall enter its finding in the record, or the jury shall render a written verdict signed by the foreman. The finding or verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
5. If a sentence of death is imposed, the defendant may file a motion to set aside the penalty on the grounds that the defendant is mentally retarded. If such a motion is filed, the court shall conduct a hearing on that issue in the manner set forth in section 1 of this act. If the court determines pursuant to such a hearing that the defendant is mentally retarded, it shall set aside the sentence of death and order a new penalty hearing to be conducted. Either party may appeal such a determination to the Supreme Court.
Sec. 4. NRS 176.415 is hereby amended to read as follows:
176.415 The execution of a judgment of death must be stayed only:
1. By the State Board of Pardons Commissioners as authorized in Sections 13 and 14 of Article 5 of the Constitution of the State of Nevada;
2. When a direct appeal from the judgment of conviction and sentence is taken to the Supreme Court;
3. By a judge of the district court of the county in which the state prison is situated, for the purpose of an investigation of sanity or pregnancy as provided in NRS 176.425 to 176.485, inclusive; [or]
4. By a judge of the district court in which a motion is filed pursuant to subsection 5 of NRS 175.554, for the purpose of determining whether the defendant is mentally retarded; or
5. Pursuant to the provisions of NRS 176.486 to 176.492, inclusive.”.