Assembly Bill No. 110–Committee on Judiciary

 

(On Behalf of the District Attorney’s Association)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Removes requirement of separate penalty hearing for defendant who is convicted of first degree murder where death penalty is not sought. (BDR 14‑279)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to criminal procedure; removing the requirement of a separate penalty hearing for a defendant who is convicted of murder of the first degree where the death penalty is not sought; 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 175.552 is hereby amended to read as follows:

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

1-3  every case] In cases in which there is a finding that a defendant is

1-4  guilty of murder of the first degree[, whether or not] and the death

1-5  penalty is sought, the court shall conduct a separate penalty hearing.

1-6  The separate penalty hearing must be conducted as follows:

1-7  (a) If the finding is made by a jury, the separate penalty hearing

1-8  must be conducted in the trial court before the trial jury, as soon as

1-9  practicable.

1-10      (b) If the finding is made upon a plea of guilty or guilty but

1-11  mentally ill or a trial without a jury and the death penalty is sought,

1-12  the separate penalty hearing must be conducted before a panel of

1-13  three district judges, as soon as practicable.

2-1  [(c) If the finding is made upon a plea of guilty or guilty but

2-2  mentally ill or a trial without a jury and the death penalty is not

2-3  sought, the separate penalty hearing must be conducted before the

2-4  judge who conducted the trial or who accepted the plea, as soon as

2-5  practicable.

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

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

2-8  subsection 1. When stipulating to such a waiver, the parties may

2-9  also include an agreement to have the sentence, if any, imposed by

2-10  the trial judge. Any stipulation pursuant to this subsection must be

2-11  in writing and signed by the defendant, his attorney, if any, and the

2-12  prosecuting attorney.

2-13      3.] 2. In the hearing, evidence may be presented concerning

2-14  aggravating and mitigating circumstances relative to the offense,

2-15  defendant or victim and on any other matter which the court deems

2-16  relevant to sentence, whether or not the evidence is ordinarily

2-17  admissible. Evidence may be offered to refute hearsay matters. No

2-18  evidence which was secured in violation of the Constitution of the

2-19  United States or the Constitution of the State of Nevada may be

2-20  introduced. The State may introduce evidence of additional

2-21  aggravating circumstances as set forth in NRS 200.033, other than

2-22  the aggravated nature of the offense itself, only if it has been

2-23  disclosed to the defendant before the commencement of the penalty

2-24  hearing.

2-25      [4.  In a case in which the death penalty is not sought, the jury

2-26  or the trial judge shall determine whether the defendant should be

2-27  sentenced to life with the possibility of parole or life without the

2-28  possibility of parole.]

2-29      Sec. 2.  NRS 175.556 is hereby amended to read as follows:

2-30      175.556  [1.] In a case in which the death penalty is sought, if

2-31  a jury is unable to reach a unanimous verdict upon the sentence to

2-32  be imposed, the Supreme Court shall appoint two district judges

2-33  from judicial districts other than the district in which the plea is

2-34  made, who shall with the district judge who conducted the trial, or

2-35  his successor in office, conduct the required penalty hearing to

2-36  determine the presence of aggravating and mitigating circumstances,

2-37  and give sentence accordingly. A sentence of death may be given

2-38  only by unanimous vote of the three judges, but any other sentence

2-39  may be given by the vote of a majority.

2-40      [2.  In a case in which the death penalty is not sought, if a jury

2-41  is unable to reach a unanimous verdict upon the sentence to be

2-42  imposed, the trial judge shall impose the sentence.]

2-43      Sec. 3.  This act becomes effective upon passage and approval.

 

2-44  H