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 sec. 2, page 2, by deleting lines 10 through 22 and inserting:
“3. If a petition is filed pursuant to this section, the court shall determine which person or agency has possession or custody of the evidence and shall immediately issue an order requiring, during the pendency of the proceeding, each person or agency in possession or custody of the evidence to:
(a) Preserve all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section;
(b) Within 30 days, prepare an inventory of all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section; and
(c) Within 30 days, submit a copy of the inventory to the petitioner, the prosecuting attorney and the court.
4. Within 30 days after the inventory of all evidence is prepared pursuant to subsection 3, the prosecuting attorney may file a written response to the petition with the court.”.
Amend sec. 2, page 3, by deleting lines 18 through 20 and inserting:
“8. If the results of a genetic marker analysis performed pursuant to this section are favorable to the petitioner:
(a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and
(b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.”.
Amend sec. 2, page 3, by deleting lines 27 and 28.
Amend sec. 2, page 3, line 29, by deleting “11.” and inserting “10.”.
Amend sec. 2, page 3, line 36, by deleting “12.” and inserting “11.”.
Amend sec. 2, page 3, line 40, by deleting “13.” and inserting “12.”.
Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 176.515 is hereby amended to read as follows:
176.515 1. The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.
2. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
3. [A] Except as otherwise provided in section 2 of this act, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.
4. A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.”.
Amend the title of the bill by deleting the fifth line and inserting:
“providing that a petitioner may file a motion for a new trial if the analysis is”.