Assembly Bill No. 13–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to criminal procedure; eliminating the panel of judges that conducts the penalty hearing in certain cases in which the death penalty is sought; requiring district attorneys to submit certain information to the Supreme Court concerning cases involving homicide; requiring the Supreme Court to prepare and submit an annual report providing a summary and analysis of that information to the Legislature; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 175.552 is hereby amended to read as follows:

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

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

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

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

 separate penalty hearing must be conducted as follows:

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

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

 practicable.

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

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

 the separate penalty hearing must be conducted before a [panel of

 three district judges,] jury impaneled for that purpose, as soon as

 practicable.

    (c) If the finding is made upon a plea of guilty or guilty but

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

 sought, the separate penalty hearing must be conducted before the

 judge who conducted the trial or who accepted the plea, as soon as

 practicable.

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

 may by stipulation waive the separate penalty hearing required in

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

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

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

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

 prosecuting attorney.

    3.  In the hearing, evidence may be presented concerning

 aggravating and mitigating circumstances relative to the offense,

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

 relevant to sentence, whether or not the evidence is ordinarily

 admissible. Evidence may be offered to refute hearsay matters. No

 evidence which was secured in violation of the Constitution of the

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

introduced. The State may introduce evidence of additional

 aggravating circumstances as set forth in NRS 200.033, other than

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

 disclosed to the defendant before the commencement of the penalty

 hearing.

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

 the trial judge shall determine whether the defendant should be

 sentenced to life with the possibility of parole or life without the

 possibility of parole.

    Sec. 2.  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] The

 court shall instruct the jury at the end of the penalty 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 imprisonment for a definite term of 50 years, 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.

    Sec. 3.  NRS 175.556 is hereby amended to read as follows:

    175.556  1.  In a case in which the death penalty is sought, if a

 jury is unable to reach a unanimous verdict upon the sentence to be

 imposed, [the Supreme Court shall appoint two district judges from

 judicial districts other than the district in which the plea is made,

 who shall with] the district judge who conducted the trial[, or his

 successor in office, conduct the required penalty hearing to

determine the presence of aggravating and mitigating circumstances,

and give sentence accordingly. A sentence of death may be given

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

 may be given by the vote of a majority.] or accepted the plea of

 guilty shall sentence the defendant to life imprisonment without

 the possibility of parole or impanel a new jury to determine the

 sentence.

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

 unable to reach a unanimous verdict upon the sentence to be

 imposed, the trial judge shall impose the sentence.

    Sec. 4.  NRS 176.495 is hereby amended to read as follows:

    176.495 1.  If for any reason a judgment of death has not been

 executed, and it remains in force, the court in which the conviction

 was had must, upon the application of the Attorney General or the

 district attorney of the county in which the conviction was had,

 cause another warrant to be drawn, signed by the judge and attested

 by the clerk under the seal of the court, and delivered to the

 Director of the Department of Corrections.

    2.  The warrant must state the conviction and judgment and

 appoint a week, the first day being Monday and the last day being

 Sunday, within which the judgment is to be executed. The first day

 of that week must be not less than 15 days nor more than 30 days

 after the date of the warrant. The Director shall execute a sentence

 of death within the week the judgment is to be executed, as

 designated by the district court. The Director may execute the

 judgment at any time during that week if a stay of execution is not

 entered by a court of appropriate jurisdiction.

    [3.  Where sentence was imposed by a district court composed

 of three judges, the district judge before whom the confession or

 plea was made, or his successor in office, shall designate the week

 of execution, the first day being Monday and the last day being

 Sunday, and sign the warrant.]

    Sec. 5.  NRS 177.055 is hereby amended to read as follows:

    177.055  1.  When upon a plea of not guilty a judgment of

 death is entered, an appeal is deemed automatically taken by the

 defendant without any action by him or his counsel, unless the

 defendant or his counsel affirmatively waives the appeal within 30

 days after the rendition of the judgment.

    2.  Whether or not the defendant or his counsel affirmatively

 waives the appeal, the sentence must be reviewed on the record by

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

 an appeal is taken:

    (a) Any errors enumerated by way of appeal;

    (b) Whether the evidence supports the finding of an aggravating

 circumstance or circumstances;

    (c) Whether the sentence of death was imposed under the

influence of passion, prejudice or any arbitrary factor; and

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

 the crime and the defendant.

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

    (a) Affirm the sentence of death;

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

 hearing [:

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

 newly impaneled jury; or

        [(2) If the original penalty hearing was before a panel of

 judges, before a panel of three district judges which must consist,

 insofar as possible, of the members of the original panel; or]

    (c) Set aside the sentence of death and impose the sentence of

 imprisonment for life without possibility of parole.

    Sec. 6.  Chapter 178 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    1.  The district attorney for each county shall prepare and

 submit a report to the Supreme Court not later than February 1 of

 each year concerning each case filed during the previous

 calendar year that included a charge for murder or voluntary

 manslaughter. The district attorney shall exclude from the report

 any charge for manslaughter that resulted from a death in an

 accident or collision involving a motor vehicle.

    2.  The report required pursuant to subsection 1 must include,

 without limitation:

    (a) The age, gender and race of the defendant;

    (b) The age, gender and race of any codefendant or other

 person charged or suspected of having participated in the

 homicide and in any alleged related offense;

    (c) The age, gender and race of the victim of the homicide and

 any alleged related offense;

    (d) The date of the homicide and of any alleged related

 offense;

    (e) The date of filing of the information or indictment;

    (f) The name of each court in which the case was prosecuted;

    (g) Whether or not the prosecutor filed a notice of intent to

 seek the death penalty and, if so, when the prosecutor filed the

 notice;

    (h) The final disposition of the case and whether or not the

 case was tried before a jury;

    (i) The race, ethnicity and gender of each member of the jury,

 if the case was tried by a jury; and

    (j) The identity of:

        (1) Each prosecuting attorney who participated in the

 decision to file the initial charges against the defendant;

        (2) Each prosecuting attorney who participated in the

decision to offer or accept a plea, if applicable;

        (3) Each prosecuting attorney who participated in the

 decision to seek the death penalty, if applicable; and

        (4) Each person outside the office of the district attorney

 who was consulted in determining whether to seek the death

 penalty or to accept or reject a plea, if any.

    3.  If all the information required pursuant to subsection 1

 cannot be provided because the case is still in progress, an

 additional report must be filed with the Supreme Court each time

 a subsequent report is filed until all the information, to the extent

 available, has been provided.

    Sec. 7.  Chapter 2 of NRS is hereby amended by adding thereto

 a new section to read as follows:

    Not later than March 1 of each odd-numbered year, the

 Supreme Court shall prepare and submit to the Director of the

 Legislative Counsel Bureau for distribution to each regular

 session of the Legislature a report of the information submitted to

 the Supreme Court by the district attorneys during the preceding

 biennium pursuant to section 6 of this act.

    Sec. 8.  NRS 175.558 and 175.562 are hereby repealed.

    Sec. 9.  This act becomes effective upon passage and approval.

 

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