AB156_R2

Assembly Bill No. 156–Committee on Judiciary

CHAPTER..........

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:

Section 1. NRS 169.195 is hereby amended to read as follows:

169.195 1. “Trial” means that portion of a criminal action

which:

(a) If a jury is used, begins with the impaneling of the jury and

ends with the return of the verdict, both inclusive.

(b) If no jury is used, begins with the opening statement, or if

there is no opening statement, when the first witness is sworn, and

ends with the closing argument or upon submission of the cause to

the court without argument, both inclusive.

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

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

to fix the punishment.

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

173.035 1. An information may be filed against any person

for any offense when the person:

(a) Has had a preliminary examination as provided by law

before a justice of the peace, or other examining officer or

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

jurisdiction; or

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

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

has been discharged, or the affidavit or complaint upon which the

examination has been held has not been delivered to the clerk of the

proper court, the Attorney General when acting pursuant to a

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

person who has knowledge of the commission of an offense, and

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

the offense and the name of the person or persons charged with the

commission thereof, upon being furnished with the names of the

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

information, and process must forthwith be issued thereon. The

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

preliminary examination, or upon a preliminary examination has

been bound over to appear at the court having jurisdiction.

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

holding or waiver of the preliminary examination. Each information

must set forth the crime committed according to the facts.

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

waives his right to a preliminary examination in accordance with an

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

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

the initial charges, the information filed against the defendant

pursuant to this section may contain only the offense or offenses to

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

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

rejected by the district court or withdrawn by the defendant, the

prosecuting attorney may file an amended information charging all

of the offenses which were in the criminal complaint upon which the

preliminary examination was waived. The defendant must then be

arraigned in accordance with the amended information.

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

173.125 The prosecution is not required to elect between the

different offenses or counts set forth in the indictment or

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

or more offenses charged in the indictment or information does not

preclude prosecution for the other offenses.

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

174.035 1. A defendant may plead not guilty, guilty[, guilty

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

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

mentally ill.]

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

agreement must be in substantially the form prescribed in NRS

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

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

contendere without first addressing the defendant personally and

determining that the plea is made voluntarily with understanding of

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

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

complying with the provisions of NRS 174.041.]

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

defendant may enter a conditional plea of guilty[, guilty but

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

appeal from the judgment, to a review of the adverse determination

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

must be allowed to withdraw the plea.

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

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

same penalties as a defendant who pleads guilty.] The defendant

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

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

plea of not guilty by reason of insanity must be entered not less

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

so pleaded may offer the defense of insanity during trial upon

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

proof is upon the defendant to establish his insanity by a

preponderance of the evidence.

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

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

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

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

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

a felony for which:

(a) Probation is not allowed; or

(b) The maximum prison sentence is more than 10

years,

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

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

and the prosecuting attorney.

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

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

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

plea or pronouncing judgment, examine witnesses to ascertain the

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

higher offense has been committed than the offense charged in the

complaint, the court may order the defendant to be committed or

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

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

attorney.

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

174.061 1. If a prosecuting attorney enters into an agreement

with a defendant in which the defendant agrees to testify against

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

mentally ill] or nolo contendere to a lesser charge or for a

recommendation of a reduced sentence, the agreement:

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

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

agreement is void if the defendant’s testimony is false.

2. A prosecuting attorney shall not enter into an agreement

with a defendant which:

(a) Limits the testimony of the defendant to a predetermined

formula.

(b) Is contingent on the testimony of the defendant contributing

to a specified conclusion.

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

174.065 Except as otherwise provided in NRS 174.061:

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

information or indictment accusing a defendant of a crime divided

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

court and approved by the court, the plea may specify the degree,

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

degree than that specified in the plea.

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

indictment or information for murder of the first degree, when

consented to by the prosecuting attorney in open court and approved

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

specified punishment, or any lesser punishment, may be imposed by

a single judge.

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

174.075 1. Pleadings in criminal proceedings are the

indictment, the information and, in justice’s court, the complaint,

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

contendere.

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

abolished, and defenses and objections raised before trial which

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

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

this title.

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

thereto a new section to read as follows:

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

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

finding of the jury pending the judicial determination pursuant to

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

insane, and the judge must:

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

custody and transport him to a forensic facility for detention

pending a hearing to determine his mental health;

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

two psychologists, or one psychiatrist and one psychologist who

are employed by a division facility; and

examining advisers and allow counsel for the State and for the

person to examine the advisers, introduce other evidence and

cross-examine witnesses.

2. If the court finds, after the hearing:

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

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

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

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

to the custody of the Administrator of the Division of Mental

Health and Developmental Services of the Department of Human

Resources until he is regularly discharged therefrom in

accordance with law.

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

is acquitted.

3. The Administrator shall make the same reports and the

court shall proceed in the same manner in the case of a person

committed to the custody of the Division of Mental Health and

Developmental Services pursuant to this section as of a person

committed because he is incompetent to stand trial pursuant to

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

except that the determination to be made by the Administrator and

the district judge on the question of release is whether the person

has recovered from his mental illness or has improved to such an

extent that he is no longer a mentally ill person.

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

requires:

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

433.094.

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

of Mental Health and Developmental Services of the Department

of Human Resources for mentally disordered offenders and

defendants. The term includes, without limitation, Lakes Crossing

Center.

NRS 433A.115.

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

175.282 If a prosecuting attorney enters into an agreement with

a defendant in which the defendant agrees to testify against another

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

or nolo contendere to a lesser charge or for a recommendation of a

reduced sentence , the court shall:

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

permit the jury to inspect the agreement;

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

been sentenced pursuant to the agreement, instruct the jury

regarding the possible related pressures on the defendant by

providing the jury with an appropriate cautionary instruction; and

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

defendant who is testifying concerning the agreement.

Sec. 11. 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, as soon as practicable.

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[,] of guilty,

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. 12. NRS 175.558 is hereby amended to read as follows:

175.558 When any person is convicted of murder of the first

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

without a jury[,] and the death penalty is sought, 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

before whom the plea is made, 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.

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

176.059 1. Except as otherwise provided in subsection 2,

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

found guilty of a misdemeanor, including the violation of any

municipal ordinance, the justice or judge shall include in the

sentence the sum prescribed by the following schedule as an

administrative assessment and render a judgment against the

defendant for the assessment:

Fine Assessment

$5 to $49............................................ $15

50 to 59................................................ 30

60 to 69................................................ 35

70 to 79................................................ 40

80 to 89................................................ 45

90 to 99................................................ 50

100 to 199............................................ 60

200 to 299............................................ 70

300 to 399............................................ 80

400 to 499............................................ 90

500 to 1,000....................................... 105

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

(a) An ordinance regulating metered parking; or

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

civil penalty or liability pursuant to NRS 244.3575 or 268.019.

3. The money collected for an administrative assessment must

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

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

money collected for an administrative assessment must be stated

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

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

are dismissed, the money deposited with the court must be returned

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

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

and the administrative assessment remaining unpaid shall be

deemed to be uncollectible and the defendant is not required to pay

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

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

paid and the justice or judge shall not recalculate the administrative

assessment.

4. If the justice or judge permits the fine and administrative

assessment to be paid in installments, the payments must be first

applied to the unpaid balance of the administrative assessment. The

city treasurer shall distribute partially collected administrative

assessments in accordance with the requirements of subsection 5.

The county treasurer shall distribute partially collected

administrative assessments in accordance with the requirements of

subsection 6.

5. The money collected for administrative assessments in

municipal court must be paid by the clerk of the court to the city

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

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

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

assessment received:

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

account in the county general fund for the use of the county’s

juvenile court or for services to juvenile offenders. Any money

remaining in the special account after 2 fiscal years must be

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

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

juvenile court, monthly reports of the revenue credited to and

expenditures made from the special account.

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

of the municipal courts. Any money remaining in the special

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

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

treasurer shall provide, upon request by a municipal court, monthly

reports of the revenue credited to and expenditures made from the

special revenue fund.

credit to a special account in the State General Fund.

6. The money collected for administrative assessments in

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

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

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

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

each assessment received:

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

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

to juvenile offenders. Any money remaining in the special account

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

has not been committed for expenditure. The county treasurer shall

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

revenue credited to and expenditures made from the special account.

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

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

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

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

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

reports of the revenue credited to and expenditures made from the

special revenue fund.

credit to a special account in the State General Fund.

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

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

addition to providing services to juvenile offenders in the juvenile

court, to improve the operations of the court, or to acquire

appropriate advanced technology or the use of such technology, or

both. Money used to improve the operations of the court may

include expenditures for:

(a) Training and education of personnel;

(b) Acquisition of capital goods;

(d) Audits.

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

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

the money received to the following public agencies in the

following manner:

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

Administrator for allocation as follows:

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

to the Office of the Court Administrator for the administration of the

courts.

(2) Nine percent of the amount distributed to the Office of

the Court Administrator for the development of a uniform system

for judicial records.

(3) Nine percent of the amount distributed to the Office

of the Court Administrator for continuing judicial education.

(4) Sixty percent of the amount distributed to the Office of

the Court Administrator for the Supreme Court.

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

the Office of the Court Administrator for the payment for the

services of retired justices and retired district judges.

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

legislative authorization for the support of:

(1) The Central Repository for Nevada Records of Criminal

History;

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

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

computerized switching system for information related to law

enforcement;

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

(5) The Advisory Council for Prosecuting Attorneys.

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

(a) In any judicial district that includes a county whose

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

court; or

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

district court.

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

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

appropriate court, may, by ordinance, authorize the justices or

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

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

assessment imposed pursuant to NRS 176.059, an administrative

assessment for the provision of court facilities.

2. Except as otherwise provided in subsection 3, in any

jurisdiction in which an administrative assessment for the provision

of court facilities has been authorized, when a defendant pleads

guilty [or guilty but mentally ill] or is found guilty of a

misdemeanor, including the violation of any municipal ordinance,

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

an administrative assessment for the provision of court facilities and

render a judgment against the defendant for the assessment.

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

(a) An ordinance regulating metered parking; or

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

civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrative assessment for

the provision of court facilities must not be deducted from the fine

imposed by the justice or judge but must be taxed against the

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

administrative assessment must be stated separately on the court’s

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

defendant is found not guilty or the charges are dismissed, the

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

the justice or judge cancels a fine because the fine has been

determined to be uncollectible, any balance of the fine and the

administrative assessment remaining unpaid shall be deemed to be

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

determined to be uncollectible, the defendant is not entitled to a

refund of the fine or administrative assessment he has paid and the

justice or judge shall not recalculate the administrative assessment.

5. If the justice or judge permits the fine and administrative

assessment for the provision of court facilities to be paid in

installments, the payments must be applied in the following order:

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

imposed pursuant to NRS 176.059;

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

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

6. The money collected for administrative assessments for the

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

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

each month for the preceding month. The city treasurer shall deposit

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

money in the special revenue fund only to:

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

the municipal courts or a regional justice center that includes the

municipal courts.

(b) Construct or acquire additional facilities for the municipal

courts or a regional justice center that includes the municipal courts.

courts.

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

construction or acquisition of additional facilities or the renovation

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

center that includes the municipal courts. This paragraph does not

authorize the expenditure of money from the fund for furniture,

fixtures or equipment for judicial chambers.

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

renovated facilities.

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

subsection 3 of NRS 350.020 for the acquisition of land or facilities

or the construction or renovation of facilities for the municipal

courts or a regional justice center that includes the municipal

courts.

Any money remaining in the special revenue fund after 5 fiscal

years must be deposited in the municipal general fund for the

continued maintenance of court facilities if it has not been

committed for expenditure pursuant to a plan for the construction or

acquisition of court facilities or improvements to court facilities.

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

monthly reports of the revenue credited to and expenditures made

from the special revenue fund.

7. The money collected for administrative assessments for the

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

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

each month for the preceding month. The county treasurer shall

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

may use the money in the special revenue fund only to:

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

the justices’ courts or a regional justice center that includes the

justices’ courts.

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

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

courts.

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

construction or acquisition of additional facilities or the renovation

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

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

authorize the expenditure of money from the fund for furniture,

fixtures or equipment for judicial chambers.

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

renovated facilities.

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

subsection 3 of NRS 350.020 for the acquisition of land or facilities

or the construction or renovation of facilities for the justices’ courts

or a regional justice center that includes the justices’

courts.

Any money remaining in the special revenue fund after 5 fiscal

years must be deposited in the county general fund for the continued

maintenance of court facilities if it has not been committed for

expenditure pursuant to a plan for the construction or acquisition of

court facilities or improvements to court facilities. The county

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

reports of the revenue credited to and expenditures made from the

special revenue fund.

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

acquire land on which to construct a regional justice center, to

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

issued for these purposes, the county and the participating cities

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

the regional justice center, the manner in which the center will be

used and the apportionment of fiscal responsibility for the center.

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

176.062 1. When a defendant pleads guilty [or guilty but

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

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

administrative assessment and render a judgment against the

defendant for the assessment.

2. The money collected for an administrative assessment:

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

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

and

3. The money collected for administrative assessments in

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

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

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

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

each assessment received:

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

general fund for the use of the district court.

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

4. The State Controller shall credit the money received

pursuant to subsection 3 to a special account for the assistance of

criminal justice in the State General Fund, and distribute the money

from the account to the Attorney General as authorized by the

Legislature. Any amount received in excess of the amount

authorized by the Legislature for distribution must remain in the

account.

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

176.135 1. Except as otherwise provided in this section and

NRS 176.151, the Division shall make a presentence investigation

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

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

2. If a defendant is convicted of a felony that is a sexual

offense, the presentence investigation and report:

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

granting of probation; and

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

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

psychosexual evaluation of the defendant.

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

offense, the presentence investigation and report must be made

before the imposition of sentence or the granting of probation

unless:

(a) A sentence is fixed by a jury; or

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

made by the Division within the 5 years immediately preceding the

date initially set for sentencing on the most recent offense.

4. Upon request of the court, the Division shall make

presentence investigations and reports on defendants who plead

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

guilty of gross misdemeanors.

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

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

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

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

presentence investigation and report on the defendant pursuant to

NRS 176.135, unless the Division has not made a presentence

investigation and report on the defendant pursuant to NRS 176.135

within the 5 years immediately preceding the date initially set for

sentencing on the category E felony or felonies and:

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

(b) The prosecuting attorney possesses evidence that would

support a decision by the court to deny probation to the defendant

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

2. If the Division does not make a presentence investigation

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

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

sentenced, make a general investigation and report on the defendant

that contains:

(a) Any prior criminal record of the defendant;

(b) Information concerning the characteristics of the defendant,

the circumstances affecting his behavior and the circumstances of

his offense that may be helpful to persons responsible for the

supervision or correctional treatment of the defendant;

by the defendant has had upon the victim, including, without

limitation, any physical or psychological harm or financial loss

suffered by the victim, to the extent that such information is

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

paragraph do not require any particular examination or testing of

the victim, and the extent of any investigation or examination and

the extent of the information included in the report is solely at the

discretion of the Division;

(d) Data or information concerning reports and investigations

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

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

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

helpful to persons responsible for the supervision or correctional

treatment of the defendant.

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

176.165 Except as otherwise provided in this section, a motion

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

contendere may be made only before sentence is imposed or

imposition of sentence is suspended. To correct manifest injustice,

the court after sentence may set aside the judgment of conviction

and permit the defendant to withdraw his plea.

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

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

approval of the district court, transfer original jurisdiction to the

district court of a case involving an eligible defendant.

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

who:

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

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

misdemeanor;

(b) Appears to suffer from mental illness; and

pursuant to NRS 176A.250.

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

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

a defendant who suffers from mental illness tenders a plea of guilty

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

any offense for which the suspension of sentence or the granting of

probation is not prohibited by statute, the court may, without

entering a judgment of conviction and with the consent of the

defendant, suspend further proceedings and place the defendant on

probation upon terms and conditions that must include attendance

and successful completion of a program established pursuant to

NRS 176A.250.

2. If the offense committed by the defendant involved the use

or threatened use of force or violence or if the defendant was

previously convicted in this state or in any other jurisdiction of a

felony that involved the use or threatened use of force or violence,

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

prosecuting attorney stipulates to the assignment.

3. Upon violation of a term or condition:

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

provided in the section pursuant to which the defendant was

charged.

(b) Notwithstanding the provisions of paragraph (e) of

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

the custody of the Department of Corrections if the offense is

punishable by imprisonment in the state prison.

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

discharge the defendant and dismiss the proceedings against him.

Discharge and dismissal pursuant to this section is without

adjudication of guilt and is not a conviction for purposes of this

section or for purposes of employment, civil rights or any statute or

regulation or license or questionnaire or for any other public or

private purpose, but is a conviction for the purpose of additional

penalties imposed for second or subsequent convictions or the

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

contemplation of the law, to the status occupied before the arrest,

indictment or information. The defendant may not be held thereafter

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

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

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

him for any purpose.

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

177.015 The party aggrieved in a criminal action may appeal

only as follows:

1. Whether that party is the State or the defendant:

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

the justice’s court.

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

granting a motion to dismiss, a motion for acquittal or a motion in

arrest of judgment, or granting or refusing a new trial.

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

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

denying a motion to suppress evidence made pursuant to NRS

174.125. Notice of the appeal must be filed with the clerk of the

district court within 2 judicial days and with the Clerk of the

Supreme Court within 5 judicial days after the ruling by the district

court. The clerk of the district court shall notify counsel for the

defendant or, in the case of a defendant without counsel, the

defendant within 2 judicial days after the filing of the notice of

appeal. The Supreme Court may establish such procedures as it

determines proper in requiring the appellant to make a preliminary

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

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

Court entertains the appeal, or if it otherwise appears necessary, it

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

required.

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

verdict in a criminal case.

4. Except as otherwise provided in subsection 3 of NRS

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

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

mentally ill] or nolo contendere that the defendant entered into

voluntarily and with a full understanding of the nature of the charge

and the consequences of the plea, unless the appeal is based upon

reasonable constitutional, jurisdictional or other grounds that

challenge the legality of the proceedings. The Supreme Court may

establish procedures to require the defendant to make a preliminary

showing of the propriety of the appeal.

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

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

reason of insanity 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;

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

imprisonment for life without possibility of parole.

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

177.075 1. Except where appeal is automatic, an appeal from

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

appeal with the clerk of the district court. Bills of exception and

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

2. When a court imposes sentence upon a defendant who has

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

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

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

notice of appeal on his behalf.

3. A notice of appeal must be signed:

(a) By the appellant or appellant’s attorney; or

(b) By the clerk if prepared by him.

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

thereto a new section to read as follows:

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

concerning the competency of a defendant to stand trial or receive

pronouncement of judgment pursuant to this section and NRS

178.400 to 178.460, inclusive, unless the person is certified by the

Division of Mental Health and Developmental Services of the

Department of Human Resources for that purpose.

2. The Division of Mental Health and Developmental

Services shall adopt regulations to establish:

(a) Requirements for certification of a person who provides

reports and evaluations concerning the competency of a defendant

pursuant to this section and NRS 178.400 to 178.460, inclusive;

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

and

a certificate.

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

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

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

Health and Developmental Services in carrying out its duties

pursuant to this section.

4. The Division of Mental Health and Developmental

Services shall establish and administer examinations to determine

the eligibility of any person who applies for certification. An

applicant is entitled to certification upon satisfaction of the

requirements of the Division of Mental Health and Developmental

Services. The Division of Mental Health and Developmental

Services may enter into a contract with another person,

organization or agency to carry out or assist in carrying out the

provisions of this subsection.

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

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

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

the trial including the impaneling of the jury and the return of the

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

by counsel for all purposes.

2. In prosecutions for offenses not punishable by death:

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

commenced in his presence must not prevent continuing the trial to

and including the return of the verdict.

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

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

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

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

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

is valid only if it is:

(1) Made knowingly, intelligently and voluntarily after

consulting with an attorney licensed to practice in this state;

(2) Signed and dated by the defendant and notarized by a

notary public or judicial officer; and

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

by the defendant and notarized.

3. In prosecutions for offenses punishable by fine or by

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

written consent of the defendant, may permit arraignment, plea, trial

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

determines that the defendant was fully aware of his applicable

constitutional rights when he gave his consent.

4. The presence of the defendant is not required at the

arraignment or any preceding stage if the court has provided for the

use of a closed-circuit television to facilitate communication

between the court and the defendant during the proceeding. If

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

may observe and record the proceeding from both locations unless

the court specifically provides otherwise.

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

jury instructions.

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

178.415 1. Except as otherwise provided in this subsection,

the court shall appoint two psychiatrists, two psychologists, or one

psychiatrist and one psychologist, to examine the defendant. If the

defendant is accused of a misdemeanor, the court of jurisdiction

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

especially qualified by the Division of Mental Health and

Developmental Services of the Department of Human Resources, to

examine the defendant.

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

of the examination and shall permit counsel for both sides to

examine the person or persons appointed to examine the defendant.

The prosecuting attorney and the defendant may introduce other

evidence and cross-examine one another’s witnesses.

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

competence or incompetence.

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

an evaluation pursuant to this section, unless the person is

certified by the Division of Mental Health and Developmental

Services pursuant to section 23.5 of this act.

Sec. 25. (Deleted by amendment.)

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

178.455 1. Except as otherwise provided for persons charged

with or convicted of a misdemeanor, the Administrator of the

Division of Mental Health and Developmental Services of the

Department of Human Resources or his designee shall appoint a

licensed psychiatrist and a licensed psychologist from the treatment

team who is certified pursuant to section 23.5 of this act to

evaluate the defendant. The Administrator or his designee shall also

appoint a third evaluator who must be a licensed psychiatrist or

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

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

completion of the evaluation and treatment of the defendant, the

Administrator or his designee shall report to the court in writing his

specific findings and opinion upon:

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

the nature of the offense charged;

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

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

judgment should not be pronounced; and

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

pronouncement of judgment, whether there is a substantial

probability that he will attain competency in the foreseeable future.

2. A copy of the report must be:

(a) Maintained by the Administrator of the Division of Mental

Health and Developmental Services or his designee and

incorporated in the medical record of the person; and

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

for the outpatient or person committed.

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

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

NRS 178.450 from the Administrator of the Division of Mental

Health and Developmental Services or his designee:

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

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

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

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

examine the Administrator or his designee or the members of the

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

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

competence or incompetence in the manner set forth in subsection 4

of NRS 178.460.

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

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

the defendant within 10 days after the report by the Administrator or

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

days after the request at which the district attorney and the defense

counsel may examine the members of the treatment team on their

report.

2. If the judge orders the appointment of a licensed psychiatrist

or psychologist who is not employed by the Division of Mental

Health and Developmental Services of the Department of Human

Resources to perform an additional evaluation and report concerning

the defendant, the cost of the additional evaluation and report is a

charge against the county.

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

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

finding of competence or incompetence, and if he finds the

defendant to be incompetent:

(a) Whether there is substantial probability that the defendant

will attain competency to stand trial or receive pronouncement of

judgment in the foreseeable future; and

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

to society.

4. If the judge finds the defendant:

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

finding to the prosecuting attorney and counsel for the defendant.

Upon receipt thereof, the prosecuting attorney shall notify the

sheriff of the county or chief of police of the city that the defendant

has been found competent and prearrange with the facility for the

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

offense there charged or the pronouncement of judgment, as the case

may be.

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

will attain competency to stand trial or receive pronouncement of

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

himself or to society, the judge shall recommit the defendant.

attain competency to stand trial or receive pronouncement of

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

to himself or to society, the judge shall order that the defendant

remain an outpatient or be transferred to the status of an outpatient

under the provisions of NRS 178.425.

(d) Incompetent, with no substantial probability of attaining

competency in the foreseeable future, the judge shall order the

defendant released from custody or if the defendant is an outpatient,

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

petition is not filed to commit the person pursuant to NRS

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

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

long as the petition is pending unless the defendant is involuntarily

committed pursuant to chapter 433A of NRS.

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

chapter may be held in the custody of the Administrator of the

Division of Mental Health and Developmental Services of the

Department of Human Resources or his designee longer than

the longest period of incarceration provided for the crime or crimes

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

shorter. Upon expiration of the applicable period, the defendant

must be returned to the committing court for a determination as to

whether or not involuntary commitment pursuant to chapter 433A of

NRS is required.

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

179.225 1. If the punishment of the crime is the confinement

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

appropriated to the Office of the Attorney General for that purpose,

upon approval by the State Board of Examiners. After the

appropriation is exhausted, the expenses must be paid from

the Reserve for Statutory Contingency Account upon approval by

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

out of the county treasury in the county wherein the crime is alleged

to have been committed. The expenses are:

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

fees paid to the officers of the state on whose governor the

requisition is made;

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

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

the United States; or

state from another state pursuant to this chapter or chapter 178 of

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

the prosecution, the fees paid to the officers and agents of this

state,

and the necessary traveling expenses and subsistence allowances in

the amounts authorized by NRS 281.160 incurred in returning the

prisoner.

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

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

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

was returned or a lesser criminal charge, the court shall conduct an

investigation of the financial status of the person to determine his

ability to make restitution. In conducting the investigation, the court

shall determine if the person is able to pay any existing obligations

for:

(a) Child support;

(b) Restitution to victims of crimes; and

to NRS 62.2175, 176.059 and 176.062.

3. If the court determines that the person is financially able to

pay the obligations described in subsection 2, it shall, in addition to

any other sentence it may impose, order the person to make

restitution for the expenses incurred by the Attorney General or

other governmental entity in returning him to this state. The court

shall not order the person to make restitution if payment of

restitution will prevent him from paying any existing obligations

described in subsection 2. Any amount of restitution remaining

unpaid constitutes a civil liability arising upon the date of the

completion of his sentence.

4. The Attorney General may adopt regulations to carry out the

provisions of this section.

Sec. 28. NRS 34.735 is hereby amended to read as follows:

34.735 A petition must be in substantially the following form,

with appropriate modifications if the petition is filed in the Supreme

Court:

Case No...................

Dept. No..................

IN THE .................. JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF...........

...............................

Petitioner,

v. PETITION FOR WRIT

OF HABEAS CORPUS

(POSTCONVICTION)

...............................

Respondent.

INSTRUCTIONS:

(1) This petition must be legibly handwritten or typewritten,

signed by the petitioner and verified.

(2) Additional pages are not permitted except where noted or

with respect to the facts which you rely upon to support your

grounds for relief. No citation of authorities need be furnished. If

briefs or arguments are submitted, they should be submitted in the

form of a separate memorandum.

(3) If you want an attorney appointed, you must complete the

Affidavit in Support of Request to Proceed in Forma Pauperis. You

must have an authorized officer at the prison complete the certificate

as to the amount of money and securities on deposit to your credit in

any account in the institution.

(4) You must name as respondent the person by whom you are

confined or restrained. If you are in a specific institution of the

Department of Corrections, name the warden or head of the

institution. If you are not in a specific institution of the Department

but within its custody, name the Director of the Department of

Corrections.

(5) You must include all grounds or claims for relief which you

may have regarding your conviction or sentence. Failure to raise all

grounds in this petition may preclude you from filing future

petitions challenging your conviction and sentence.

(6) You must allege specific facts supporting the claims in the

petition you file seeking relief from any conviction or sentence.

Failure to allege specific facts rather than just conclusions may

cause your petition to be dismissed. If your petition contains a claim

of ineffective assistance of counsel, that claim will operate to waive

the attorney-client privilege for the proceeding in which you claim

your counsel was ineffective.

(7) When the petition is fully completed, the original and one

copy must be filed with the clerk of the state district court for the

county in which you were convicted. One copy must be mailed to

the respondent, one copy to the Attorney General’s Office, and one

copy to the district attorney of the county in which you were

convicted or to the original prosecutor if you are challenging your

original conviction or sentence. Copies must conform in all

particulars to the original submitted for filing.

PETITION

1. Name of institution and county in which you are presently

imprisoned or where and how you are presently restrained of your

liberty: ...................................................................

...............................................................................

2. Name and location of court which entered the judgment of

conviction under attack: ......................................

...............................................................................

3. Date of judgment of conviction: ................

4. Case number: ...............................................

5. (a) Length of sentence: ................................

...............................................................................

(b) If sentence is death, state any date upon which execution is

scheduled:..............................................................

6. Are you presently serving a sentence for a conviction other

than the conviction under attack in this motion? Yes ........ No ........

If “yes,” list crime, case number and sentence being served at this

time: ......................................................................

...............................................................................

7. Nature of offense involved in conviction being

challenged: ............................................................

...............................................................................

8. What was your plea? (check one)

(a) Not guilty ........

(b) Guilty ........

(d)] Nolo contendere ........

9. If you entered a plea of guilty [or guilty but mentally ill] to

one count of an indictment or information, and a plea of not guilty

to another count of an indictment or information, or if a plea of

guilty [or guilty but mentally ill] was negotiated, give details:

...............................................................................

10. If you were found guilty after a plea of not guilty, was the

finding made by: (check one)

(a) Jury ........

(b) Judge without a jury ........

11. Did you testify at the trial? Yes ........ No ........

12. Did you appeal from the judgment of conviction? Yes ........

No ........

13. If you did appeal, answer the following:

(a) Name of court: ............................................

(b) Case number or citation: ............................

(d) Date of result: .............................................

(Attach copy of order or decision, if available.)

14. If you did not appeal, explain briefly why you did not:

...............................................................................

15. Other than a direct appeal from the judgment of conviction

and sentence, have you previously filed any petitions, applications

or motions with respect to this judgment in any court, state or

federal? Yes ........ No ........

16. If your answer to No. 15 was “yes,” give the following

information:

(a)........................................ (1) Name of court:

(2) Nature of proceeding: ............................

...............................................................................

(3) Grounds raised: ......................................

...............................................................................

(4) Did you receive an evidentiary hearing on your petition,

application or motion? Yes ........ No ........

(5) Result: .....................................................

(6) Date of result: .........................................

(7) If known, citations of any written opinion or date of

orders entered pursuant to such result: ...............

...............................................................................

(b) As to any second petition, application or motion, give the

same information:

(1) Name of court: .......................................

(2) Nature of proceeding: ............................

(3) Grounds raised: ......................................

(4) Did you receive an evidentiary hearing on your petition,

application or motion? Yes ........ No ........

(5) Result: .....................................................

(6) Date of result: .........................................

(7) If known, citations of any written opinion or date of

orders entered pursuant to such result: ...............

...............................................................................

motions, give the same information as above, list them on a separate

sheet and attach.

(d) Did you appeal to the highest state or federal court having

jurisdiction, the result or action taken on any petition, application or

motion?

(1) First petition, application or motion? Yes ........ No ........

Citation or date of decision: ....................

(2) Second petition, application or motion? Yes ........

No .........

Citation or date of decision: ....................

(3) Third or subsequent petitions, applications or motions?

Yes ....... No ........

Citation or date of decision: ....................

(e) If you did not appeal from the adverse action on any petition,

application or motion, explain briefly why you did not. (You must

relate specific facts in response to this question. Your response may

be included on paper which is 8 1/2 by 11 inches attached to the

petition. Your response may not exceed five handwritten or

typewritten pages in length.) ................................

...............................................................................

17. Has any ground being raised in this petition been

previously presented to this or any other court by way of petition for

habeas corpus, motion, application or any other postconviction

proceeding? If so, identify:

(a) Which of the grounds is the same: .............

...............................................................................

(b) The proceedings in which these grounds were raised:

...............................................................................

(You must relate specific facts in response to this question. Your

response may be included on paper which is 8 1/2 by 11 inches

attached to the petition. Your response may not exceed five

handwritten or typewritten pages in length.) .......

...............................................................................

18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d),

or listed on any additional pages you have attached, were not

previously presented in any other court, state or federal, list briefly

what grounds were not so presented, and give your reasons for not

presenting them. (You must relate specific facts in response to this

question. Your response may be included on paper which is 8 1/2 by

11 inches attached to the petition. Your response may not exceed

five handwritten or typewritten pages in length.) ..

...............................................................................

19. Are you filing this petition more than 1 year following the

filing of the judgment of conviction or the filing of a decision on

direct appeal? If so, state briefly the reasons for the delay. (You

must relate specific facts in response to this question. Your response

may be included on paper which is 8 1/2 by 11 inches attached to

the petition. Your response may not exceed five handwritten or

typewritten pages in length.) ................................

...............................................................................

20. Do you have any petition or appeal now pending in

any court, either state or federal, as to the judgment under attack?

Yes ........ No ........

If yes, state what court and the case number: ......

...............................................................................

21. Give the name of each attorney who represented you in the

proceeding resulting in your conviction and on direct appeal:

...............................................................................

22. Do you have any future sentences to serve after you

complete the sentence imposed by the judgment under attack?

Yes ........ No ........

If yes, specify where and when it is to be served, if you know:

...............................................................................

23. State concisely every ground on which you claim that you

are being held unlawfully. Summarize briefly the facts supporting

each ground. If necessary you may attach pages stating additional

grounds and facts supporting same.

(a) Ground one: ................................................

...............................................................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): .....................................................................

...............................................................................

(b) Ground two: ...............................................

...............................................................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): .....................................................................

...............................................................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): .....................................................................

...............................................................................

(d) Ground four: ...............................................

...............................................................................

Supporting FACTS (Tell your story briefly without citing cases or

law.): .....................................................................

...............................................................................

WHEREFORE, petitioner prays that the court grant petitioner

relief to which he may be entitled in this proceeding.

EXECUTED at ................... on the ....... day of the month of .......

of the year .......

...............................

Signature of petitioner

...............................

Address

........................................

Signature of attorney (if any)

........................................

Attorney for petitioner

........................................

Address

VERIFICATION

Under penalty of perjury, the undersigned declares that he is the

petitioner named in the foregoing petition and knows the contents

thereof; that the pleading is true of his own knowledge, except as to

those matters stated on information and belief, and as to such

matters he believes them to be true.

...............................

Petitioner

...............................

Attorney for petitioner

CERTIFICATE OF SERVICE BY MAIL

I, ................................, hereby certify pursuant to N.R.C.P. 5(b),

that on this ........ day of the month of ........ of the year ........, I

mailed a true and correct copy of the foregoing PETITION FOR

WRIT OF HABEAS CORPUS addressed to:

...................................................

Respondent prison or jail official

...................................................

Address

...................................................

Attorney General

Heroes’ Memorial Building

Capitol Complex

Carson City, Nevada 89710

...................................................

District Attorney of County of Conviction

...................................................

Address

...............................

Signature of Petitioner

Sec. 29. NRS 34.810 is hereby amended to read as follows:

34.810 1. The court shall dismiss a petition if the court

determines that:

(a) The petitioner’s conviction was upon a plea of guilty [or

guilty but mentally ill] and the petition is not based upon an

allegation that the plea was involuntarily or unknowingly entered or

that the plea was entered without effective assistance of counsel.

(b) The petitioner’s conviction was the result of a trial and the

grounds for the petition could have been:

(1) Presented to the trial court;

(2) Raised in a direct appeal or a prior petition for a writ of

habeas corpus or postconviction relief; or

(3) Raised in any other proceeding that the petitioner has

taken to secure relief from his conviction and sentence,

unless the court finds both cause for the failure to present the

grounds and actual prejudice to the petitioner.

2. A second or successive petition must be dismissed if the

judge or justice determines that it fails to allege new or different

grounds for relief and that the prior determination was on the merits

or, if new and different grounds are alleged, the judge or justice

finds that the failure of the petitioner to assert those grounds in a

prior petition constituted an abuse of the writ.

3. Pursuant to subsections 1 and 2, the petitioner has the

burden of pleading and proving specific facts that demonstrate:

(a) Good cause for the petitioner’s failure to present the claim or

for presenting the claim again; and

(b) Actual prejudice to the petitioner.

The petitioner shall include in the petition all prior proceedings in

which he challenged the same conviction or sentence.

4. The court may dismiss a petition that fails to include any

prior proceedings of which the court has knowledge through the

record of the court or through the pleadings submitted by the

respondent.

Sec. 30. NRS 41B.070 is hereby amended to read as follows:

41B.070 “Convicted” and “conviction” mean a judgment based

upon:

1. A plea of guilty[, guilty but mentally ill] or nolo contendere;

2. A finding of guilt by a jury or a court sitting without a jury;

3. An adjudication of delinquency or finding of guilt by a court

having jurisdiction over juveniles; or

4. Any other admission or finding of guilt in a criminal action

or a proceeding in a court having jurisdiction over juveniles.

Sec. 31. NRS 48.061 is hereby amended to read as follows:

48.061 Evidence of domestic violence as defined in NRS

33.018 and expert testimony concerning the effect of domestic

violence on the beliefs, behavior and perception of the person

alleging the domestic violence is admissible in chief and in rebuttal,

when determining:

1. Whether a person is excepted from criminal liability

pursuant to subsection [6] 7 of NRS 194.010, to show the state of

mind of the defendant.

2. Whether a person in accordance with NRS 200.200 has

killed another in self-defense, toward the establishment of the legal

defense.

Sec. 32. NRS 48.125 is hereby amended to read as follows:

48.125 1. Evidence of a plea of guilty [or guilty but mentally

ill,] , later withdrawn, or of an offer to plead guilty [or guilty but

mentally ill] to the crime charged or any other crime is not

admissible in a criminal proceeding involving the person who made

the plea or offer.

2. Evidence of a plea of nolo contendere or of an offer to plead

nolo contendere to the crime charged or any other crime is not

admissible in a civil or criminal proceeding involving the person

who made the plea or offer.

Sec. 33. NRS 50.068 is hereby amended to read as follows:

50.068 1. A defendant is not incompetent to be a witness

solely by reason of the fact that he enters into an agreement with the

prosecuting attorney in which he agrees to testify against another

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

or nolo contendere to a lesser charge or for a recommendation of a

reduced sentence.

2. The testimony of the defendant who is testifying may be

admitted whether or not he has entered his plea or been sentenced

pursuant to the agreement with the prosecuting attorney.

Sec. 34. NRS 51.295 is hereby amended to read as follows:

51.295 1. Evidence of a final judgment, entered after trial or

upon a plea of guilty , [or guilty but mentally ill,] but not upon a

plea of nolo contendere, adjudging a person guilty of a crime

punishable by death or imprisonment in excess of 1 year, is not

inadmissible under the hearsay rule to prove any fact essential to

sustain the judgment.

2. This section does not make admissible, when offered by the

State in a criminal prosecution for purposes other than

impeachment, a judgment against a person other than the accused.

3. The pendency of an appeal may be shown but does not affect

admissibility.

Sec. 35. NRS 193.210 is hereby amended to read as follows:

193.210 A person is of sound mind who is not affected with

insanity and who has arrived at the age of 14 years, or before that

age if he knew the distinction between good and evil.

Sec. 36. NRS 193.220 is hereby amended to read as follows:

193.220 No act committed by a person while in a state of

[insanity or] voluntary intoxication shall be deemed less criminal by

reason of his condition, but whenever the actual existence of any

particular purpose, motive or intent is a necessary element to

constitute a particular species or degree of crime, the fact of his

[insanity or] intoxication may be taken into consideration in

determining the purpose, motive or intent.

Sec. 37. NRS 194.010 is hereby amended to read as follows:

194.010 All persons are liable to punishment except those

belonging to the following classes:

1. Children under the age of 8 years.

2. Children between the ages of 8 years and 14 years, in the

absence of clear proof that at the time of committing the act charged

against them they knew its wrongfulness.

3. Persons who committed the act charged or made the

omission charged in a state of insanity.

4. Persons who committed the act or made the omission

charged under an ignorance or mistake of fact, which disproves any

criminal intent, where a specific intent is required to constitute the

offense.

[4.] 5. Persons who committed the act charged without being

conscious thereof.

[5.] 6. Persons who committed the act or made the omission

charged, through misfortune or by accident, when it appears that

there was no evil design, intention or culpable negligence.

[6.] 7. Persons, unless the crime is punishable with death, who

committed the act or made the omission charged under threats or

menaces sufficient to show that they had reasonable cause to

believe, and did believe, their lives would be endangered if they

refused, or that they would suffer great bodily harm.

Sec. 38. NRS 200.485 is hereby amended to read as follows:

200.485 1. Unless a greater penalty is provided pursuant to

NRS 200.481, a person convicted of a battery that constitutes

domestic violence pursuant to NRS 33.018:

(a) For the first offense within 7 years, is guilty of a

misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention

facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than

120 hours, of community service.

The person shall be further punished by a fine of not less than $200,

but not more than $1,000. A term of imprisonment imposed

pursuant to this paragraph may be served intermittently at the

discretion of the judge or justice of the peace, except that each

period of confinement must be not less than 4 consecutive hours and

must occur at a time when the person is not required to be at his

place of employment or on a weekend.

(b) For the second offense within 7 years, is guilty of a

misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention

facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than

200 hours, of community service.

The person shall be further punished by a fine of not less than $500,

but not more than $1,000.

guilty of a category C felony and shall be punished as provided in

NRS 193.130.

2. In addition to any other penalty, if a person is convicted of a

battery which constitutes domestic violence pursuant to NRS

33.018, the court shall:

(a) For the first offense within 7 years, require him to participate

in weekly counseling sessions of not less than 1 1/2 hours per week

for not less than 6 months, but not more than 12 months, at his

expense, in a program for the treatment of persons who commit

domestic violence that has been certified pursuant to NRS 228.470.

(b) For the second offense within 7 years, require him to

participate in weekly counseling sessions of not less than 1 1/2

hours per week for 12 months, at his expense, in a program for the

treatment of persons who commit domestic violence that has been

certified pursuant to NRS 228.470.

3. An offense that occurred within 7 years immediately

preceding the date of the principal offense or after the principal

offense constitutes a prior offense for the purposes of this section

when evidenced by a conviction, without regard to the sequence of

the offenses and convictions. The facts concerning a prior offense

must be alleged in the complaint, indictment or information, must

not be read to the jury or proved at trial but must be proved at the

time of sentencing and, if the principal offense is alleged to be a

felony, must also be shown at the preliminary examination or

presented to the grand jury.

4. In addition to any other fine or penalty, the court shall order

such a person to pay an administrative assessment of $35. Any

money so collected must be paid by the clerk of the court to the

State Controller on or before the fifth day of each month for the

preceding month for credit to the Account for Programs Related to

Domestic Violence established pursuant to NRS 228.460.

5. In addition to any other penalty, the court may require such a

person to participate, at his expense, in a program of treatment for

the abuse of alcohol or drugs that has been certified by the Health

Division of the Department of Human Resources.

6. If it appears from information presented to the court that a

child under the age of 18 years may need counseling as a result of

the commission of a battery which constitutes domestic violence

pursuant to NRS 33.018, the court may refer the child to an agency

which provides child welfare services. If the court refers a child to

an agency which provides child welfare services, the court shall

require the person convicted of a battery which constitutes domestic

violence pursuant to NRS 33.018 to reimburse the agency for the

costs of any services provided, to the extent of his ability to pay.

7. If a person is charged with committing a battery which

constitutes domestic violence pursuant to NRS 33.018, a

prosecuting attorney shall not dismiss such a charge in exchange for

a plea of guilty[, guilty but mentally ill] or nolo contendere to a

lesser charge or for any other reason unless he knows, or it is

obvious, that the charge is not supported by probable cause or

cannot be proved at the time of trial. A court shall not grant

probation to and, except as otherwise provided in NRS 4.373 and

5.055, a court shall not suspend the sentence of such a person.

8. As used in this section:

(a) “Agency which provides child welfare services” has the

meaning ascribed to it in NRS 432B.030.

(b) “Battery” has the meaning ascribed to it in paragraph (a) of

subsection 1 of NRS 200.481.

violence pursuant to NRS 33.018 or a violation of the law of any

other jurisdiction that prohibits the same or similar conduct.

Sec. 39. NRS 202.270 is hereby amended to read as follows:

202.270 1. A person who destroys, or attempts to destroy,

with dynamite, nitroglycerine, gunpowder or other high explosive,

any dwelling house or other building, knowing or having reason to

believe that a human being is therein at the time, is guilty of a

category A felony and shall be punished by imprisonment in the

state prison:

(a) For life without the possibility of parole;

(b) For life with the possibility of parole, with eligibility for

parole beginning when a minimum of 10 years has been served; or

beginning when a minimum of 10 years has been served,

in the discretion of the jury, or of the court upon a plea of guilty . [or

guilty but mentally ill.]

2. A person who conspires with others to commit the offense

described in subsection 1 shall be punished in the same manner.

Sec. 40. NRS 202.885 is hereby amended to read as follows:

202.885 1. A person may not be prosecuted or convicted

pursuant to NRS 202.882 unless a court in this state or any other

jurisdiction has entered a judgment of conviction against a culpable

actor for:

(a) The violent or sexual offense against the child; or

(b) Any other offense arising out of the same facts as the violent

or sexual offense against the child.

2. For any violation of NRS 202.882, an indictment must be

found or an information or complaint must be filed within 1 year

after the date on which:

(a) A court in this state or any other jurisdiction has entered a

judgment of conviction against a culpable actor as provided in

subsection 1; or

(b) The violation is discovered,

whichever occurs later.

3. For the purposes of this section:

(a) A court in “any other jurisdiction” includes, without

limitation, a tribal court or a court of the United States or the Armed

Forces of the United States.

(b) “Convicted” and “conviction” mean a judgment based upon:

(1) A plea of guilty[, guilty but mentally ill] or nolo

contendere;

(2) A finding of guilt by a jury or a court sitting without a

jury;

(3) An adjudication of delinquency or finding of guilt by a

court having jurisdiction over juveniles; or

(4) Any other admission or finding of guilt in a criminal

action or a proceeding in a court having jurisdiction over juveniles.

on the date on which guilt is admitted, adjudicated or found,

whether or not:

(1) The court has imposed a sentence, a penalty or other

sanction for the conviction; or

(2) The person has exercised any right to appeal the

conviction.

(d) “Culpable actor” means a person who:

(1) Causes or perpetrates an unlawful act;

(2) Aids, abets, commands, counsels, encourages, hires,

induces, procures or solicits another person to cause or perpetrate an

unlawful act; or

(3) Is a principal in any degree, accessory before or after the

fact, accomplice or conspirator to an unlawful act.

Sec. 41. NRS 207.016 is hereby amended to read as follows:

207.016 1. A conviction pursuant to NRS 207.010, 207.012

or 207.014 operates only to increase, not to reduce, the sentence

otherwise provided by law for the principal crime.

2. If a count pursuant to NRS 207.010, 207.012 or 207.014 is

included in an information charging the primary offense, each

previous conviction must be alleged in the accusatory pleading, but

no such conviction may be alluded to on trial of the primary offense,

nor may any allegation of the conviction be read in the presence of a

jury trying the offense or a grand jury considering an indictment for

the offense. A count pursuant to NRS 207.010, 207.012 or 207.014

may be separately filed after conviction of the primary offense, but

if it is so filed, sentence must not be imposed, or the hearing

required by subsection 3 held, until 15 days after the separate filing.

3. If a defendant charged pursuant to NRS 207.010, 207.012 or

207.014 pleads guilty [or guilty but mentally ill to,] to or is found

guilty of[,] the primary offense[,] but denies any previous

conviction charged, the court shall determine the issue of the

previous conviction after hearing all relevant evidence presented on

the issue by the prosecution and the defendant. At such a hearing,

the defendant may not challenge the validity of a previous

conviction. The court shall impose sentence:

(a) Pursuant to NRS 207.010 upon finding that the defendant

has suffered previous convictions sufficient to support an

adjudication of habitual criminality;

(b) Pursuant to NRS 207.012 upon finding that the defendant

has suffered previous convictions sufficient to support an

adjudication of habitual felon; or

has suffered previous convictions sufficient to support an

adjudication of habitually fraudulent felon.

4. Nothing in the provisions of this section, NRS 207.010,

207.012 or 207.014 limits the prosecution in introducing evidence

of prior convictions for purposes of impeachment.

5. For the purposes of NRS 207.010, 207.012 and 207.014, a

certified copy of a felony conviction is prima facie evidence of

conviction of a prior felony.

6. Nothing in the provisions of this section, NRS 207.010,

207.012 or 207.014 prohibits a court from imposing an adjudication

of habitual criminality, adjudication of habitual felon or adjudication

of habitually fraudulent felon based upon a stipulation of the parties.

Sec. 42. NRS 207.193 is hereby amended to read as follows:

207.193 1. Except as otherwise provided in subsection 4, if a

person is convicted of coercion or attempted coercion in violation of

paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the

request of the prosecuting attorney, conduct a separate hearing to

determine whether the offense was sexually motivated. A request

for such a hearing may not be submitted to the court unless the

prosecuting attorney, not less than 72 hours before the

commencement of the trial, files and serves upon the defendant a

written notice of his intention to request such a hearing.

2. A hearing requested pursuant to subsection 1 must be

conducted before:

(a) The court imposes its sentence; or

(b) A separate penalty hearing is conducted.

3. At the hearing, only evidence concerning the question of

whether the offense was sexually motivated may be presented. The

prosecuting attorney must prove beyond a reasonable doubt that the

offense was sexually motivated.

4. A person may stipulate that his offense was sexually

motivated before a hearing held pursuant to subsection 1 or as part

of an agreement to plead nolo contendere[, guilty] or guilty . [but

mentally ill.]

5. The court shall enter in the record:

(a) Its finding from a hearing held pursuant to subsection 1; or

(b) A stipulation made pursuant to subsection 4.

6. For the purposes of this section, an offense is “sexually

motivated” if one of the purposes for which the person committed

the offense was his sexual gratification.

Sec. 43. NRS 212.189 is hereby amended to read as follows:

212.189 1. Except as otherwise provided in subsection 9, a

prisoner who is in lawful custody or confinement, other than

residential confinement, shall not knowingly:

(a) Store or stockpile any human excrement or bodily fluid;

(b) Sell, supply or provide any human excrement or bodily fluid

to any other person;

from any other person; or

(d) Use, propel, discharge, spread or conceal, or cause to be

used, propelled, discharged, spread or concealed, any human

excrement or bodily fluid:

(1) With the intent to have the excrement or bodily fluid

come into physical contact with any portion of the body of an

officer or employee of a prison or any other person, whether or not

such physical contact actually occurs; or

(2) Under circumstances in which the excrement or bodily

fluid is reasonably likely to come into physical contact with any

portion of the body of an officer or employee of a prison or any

other person, whether or not such physical contact actually occurs.

2. Except as otherwise provided in subsection 3, if a prisoner

violates any provision of subsection 1, the prisoner is guilty of a

category B felony and shall be punished by imprisonment in the

state prison for a minimum term of not less than 2 years and a

maximum term of not more than 10 years, and may be further

punished by a fine of not more than $10,000.

3. If a prisoner violates any provision of paragraph (d) of

subsection 1 and, at the time of the offense, the prisoner knew that

any portion of the excrement or bodily fluid involved in the offense

contained a communicable disease that causes or is reasonably

likely to cause substantial bodily harm, whether or not the

communicable disease was transmitted to a victim as a result of the

offense, the prisoner is guilty of a category A felony and shall be

punished by imprisonment in the state prison:

(a) For life with the possibility of parole, with eligibility for

parole beginning when a minimum of 10 years has been served; or

(b) For a definite term of 25 years, with eligibility for parole

beginning when a minimum of 10 years has been served,

and may be further punished by a fine of not more than $50,000.

4. A sentence imposed upon a prisoner pursuant to

subsection 2 or 3:

(a) Is not subject to suspension or the granting of probation; and

(b) Must run consecutively after the prisoner has served any

sentences imposed upon him for the offense or offenses for which

the prisoner was in lawful custody or confinement when he violated

the provisions of subsection 1.

5. In addition to any other penalty, the court shall order a

prisoner who violates any provision of paragraph (d) of subsection 1

to reimburse the appropriate person or governmental body for the

cost of any examinations or testing:

(a) Conducted pursuant to paragraphs (a) and (b) of

subsection 7; or

(b) Paid for pursuant to subparagraph (2) of paragraph (c) of

subsection 7.

6. The warden, sheriff, administrator or other person

responsible for administering a prison shall immediately and fully

investigate any act described in subsection 1 that is reported or

suspected to have been committed in the prison.

7. If there is probable cause to believe that an act described in

paragraph (d) of subsection 1 has been committed in a prison:

(a) Each prisoner believed to have committed the act or to have

been the bodily source of any portion of the excrement or bodily

fluid involved in the act must submit to any appropriate

examinations and testing to determine whether each such prisoner

has any communicable disease.

(b) If possible, a sample of the excrement or bodily fluid

involved in the act must be recovered and tested to determine

whether any communicable disease is present in the excrement or

bodily fluid.

physical contact with any portion of the body of an officer or

employee of a prison or any other person:

(1) The results of any examinations or testing conducted

pursuant to paragraphs (a) and (b) must be provided to each such

officer, employee or other person; and

(2) For each such officer or employee, the person or

governmental body operating the prison where the act was

committed shall pay for any appropriate examinations and testing

requested by the officer or employee to determine whether a

communicable disease was transmitted to him as a result of the act.

(d) The results of the investigation conducted pursuant to

subsection 6 and the results of any examinations or testing

conducted pursuant to paragraphs (a) and (b) must be submitted to

the district attorney of the county in which the act was committed or

to the office of the Attorney General for possible prosecution of

each prisoner who committed the act.

8. If a prisoner is charged with committing an act described in

paragraph (d) of subsection 1 and a victim or an intended victim of

the act was an officer or employee of a prison, the prosecuting

attorney shall not dismiss the charge in exchange for a plea of guilty

[, guilty but mentally ill] or nolo contendere to a lesser charge or for

any other reason unless the prosecuting attorney knows or it is

obvious that the charge is not supported by probable cause or cannot

be proved at the time of trial.

9. The provisions of this section do not apply to a prisoner who

commits an act described in subsection 1 if the act:

(a) Is otherwise lawful and is authorized by the warden, sheriff,

administrator or other person responsible for administering the

prison, or his designee, and the prisoner performs the act in

accordance with the directions or instructions given to him by that

person;

(b) Involves the discharge of human excrement or bodily fluid

directly from the body of the prisoner and the discharge is the direct

result of a temporary or permanent injury, disease or medical

condition afflicting the prisoner that prevents the prisoner from

having physical control over the discharge of his own excrement or

bodily fluid; or

violation of the provisions of NRS 212.187.

Sec. 44. NRS 453.3363 is hereby amended to read as follows:

453.3363 1. If a person who has not previously been

convicted of any offense pursuant to NRS 453.011 to 453.552,

inclusive, or pursuant to any statute of the United States or of any

state relating to narcotic drugs, marijuana, or stimulant, depressant

or hallucinogenic substances tenders a plea of guilty, [guilty but

mentally ill,] nolo contendere or similar plea to a charge pursuant to

subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is

found guilty of one of those charges, the court, without entering a

judgment of conviction and with the consent of the accused, may

suspend further proceedings and place him on probation upon terms

and conditions that must include attendance and successful

completion of an educational program or, in the case of a person

dependent upon drugs, of a program of treatment and rehabilitation

pursuant to NRS 453.580.

2. Upon violation of a term or condition, the court may enter a

judgment of conviction and proceed as provided in the section

pursuant to which the accused was charged. Notwithstanding the

provisions of paragraph (e) of subsection 2 of NRS 193.130, upon

violation of a term or condition, the court may order the person to

the custody of the Department of Corrections.

3. Upon fulfillment of the terms and conditions, the court shall

discharge the accused and dismiss the proceedings against him. A

nonpublic record of the dismissal must be transmitted to and

retained by the Division of Parole and Probation of the Department

of Public Safety solely for the use of the courts in determining

whether, in later proceedings, the person qualifies under this section.

4. Except as otherwise provided in subsection 5, discharge and

dismissal under this section is without adjudication of guilt and is

not a conviction for purposes of this section or for purposes of

employment, civil rights or any statute or regulation or license or

questionnaire or for any other public or private purpose, but is a

conviction for the purpose of additional penalties imposed for

second or subsequent convictions or the setting of bail. Discharge

and dismissal restores the person discharged, in the contemplation

of the law, to the status occupied before the arrest, indictment or

information. He may not be held thereafter under any law to be

guilty of perjury or otherwise giving a false statement by reason of

failure to recite or acknowledge that arrest, indictment, information

or trial in response to an inquiry made of him for any purpose.

Discharge and dismissal under this section may occur only once

with respect to any person.

5. A professional licensing board may consider a proceeding

under this section in determining suitability for a license or liability

to discipline for misconduct. Such a board is entitled for those

purposes to a truthful answer from the applicant or licensee

concerning any such proceeding with respect to him.

Sec. 45. NRS 453.348 is hereby amended to read as follows:

453.348 In any proceeding brought under NRS 453.316,

453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401,

any previous convictions of the offender for a felony relating to

controlled substances must be alleged in the indictment or

information charging the primary offense, but the conviction may

not be alluded to on the trial of the primary offense nor may any

evidence of the previous offense be produced in the presence of the

jury except as otherwise prescribed by law. If the offender pleads

guilty [or guilty but mentally ill] to or is convicted of the primary

offense but denies any previous conviction charged, the court shall

determine the issue after hearing all relevant evidence. A certified

copy of a conviction of a felony is prima facie evidence of the

conviction.

Sec. 46. NRS 453.575 is hereby amended to read as follows:

453.575 1. If a defendant pleads guilty [or guilty but

mentally ill to,] to or is found guilty of[,] any violation of this

chapter and an analysis of a controlled substance or other substance

or drug was performed in relation to his case, the court shall include

in the sentence an order that the defendant pay the sum of $60 as a

fee for the analysis of the controlled substance or other substance or

drug.

2. Except as otherwise provided in this subsection, any money

collected for such an analysis must not be deducted from, and is in

addition to, any fine otherwise imposed by the court and must be:

(a) Collected from the defendant before or at the same time that

the fine is collected.

(b) Stated separately in the judgment of the court or on the

court’s docket.

3. The money collected pursuant to subsection 1 in any district,

municipal or justice’s court must be paid by the clerk of the court to

the county or city treasurer, as appropriate, on or before the fifth day

of each month for the preceding month.

4. The board of county commissioners of each county shall by

ordinance create in the county treasury a fund to be designated as

the fund for forensic services. The governing body of each city shall

create in the city treasury a fund to be designated as the fund for

forensic services. Upon receipt, the county or city treasurer, as

appropriate, shall deposit any fee for the analyses of controlled

substances or other substances or drugs in the fund. The money

from such deposits must be accounted for separately within the

fund.

5. Except as otherwise provided in subsection 6, each month

the treasurer shall, from the money credited to the fund pursuant to

subsection 3, pay any amount owed for forensic services and deposit

any remaining money in the county or city general fund, as

appropriate.

6. In counties which do not receive forensic services under a

contract with the State, the money deposited in the fund for forensic

services pursuant to subsection 4 must be expended, except as

otherwise provided in this subsection:

(a) To pay for the analyses of controlled substances or other

substances or drugs performed in connection with criminal

investigations within the county;

(b) To purchase and maintain equipment to conduct these

analyses; and

who conduct these analyses.

Money from the fund must not be expended to cover the costs of

analyses conducted by, equipment used by or training for employees

of an analytical laboratory not registered with the Drug Enforcement

Administration of the United States Department of Justice.

Sec. 47. NRS 454.358 is hereby amended to read as follows:

454.358 1. When a defendant pleads guilty [or guilty but

mentally ill to,] to or is found guilty of[,] any violation of this

chapter and an analysis of a dangerous drug was performed in

relation to his case, the justice or judge shall include in the sentence

the sum of $50 as a fee for the analysis of the dangerous drug.

2. The money collected for such an analysis must not be

deducted from the fine imposed by the justice or judge, but must be

taxed against the defendant in addition to the fine. The money

collected for such an analysis must be stated separately on the

court’s docket and must be included in the amount posted for bail. If

the defendant is found not guilty or the charges are dropped, the

money deposited with the court must be returned to the defendant.

3. The money collected pursuant to subsection 1 in municipal

court must be paid by the clerk of the court to the county treasurer

on or before the [5th] fifth day of each month for the preceding

month.

4. The money collected pursuant to subsection 1 in justices’

courts must be paid by the clerk of the court to the county treasurer

on or before the [5th] fifth day of each month for the preceding

month.

5. The board of county commissioners of each county shall by

ordinance, before September 1, 1987, create in the county treasury a

fund to be designated as the fund for forensic services. Upon receipt,

the county treasurer shall deposit any fee for the analyses of

dangerous drugs in the fund.

6. In counties which receive forensic services under a contract

with the State, any money in the fund for forensic services must be

paid monthly by the county treasurer to the State Treasurer for

deposit in the State General Fund, after retaining 2 percent of the

money to cover his administrative expenses.

7. In counties which do not receive forensic services under a

contract with the State, money in the fund for forensic services must

be expended, except as otherwise provided in this subsection:

(a) To pay for the analyses of dangerous drugs performed in

connection with criminal investigations within the county;

(b) To purchase and maintain equipment to conduct these

analyses; and

who conduct these analyses.

Money from the fund must not be expended to cover the costs of

analyses conducted by, equipment used by or training for employees

of an analytical laboratory not registered with the Drug Enforcement

Administration of the United States Department of Justice.

Sec. 48. NRS 483.560 is hereby amended to read as follows:

483.560 1. Except as otherwise provided in subsection 2, any

person who drives a motor vehicle on a highway or on premises to

which the public has access at a time when his driver’s license has

been cancelled, revoked or suspended is guilty of a misdemeanor.

2. Except as otherwise provided in this subsection, if the

license of the person was suspended, revoked or restricted

because of:

(a) A violation of NRS 484.379, 484.3795 or 484.384;

(b) A homicide resulting from driving or being in actual

physical control of a vehicle while under the influence of

intoxicating liquor or a controlled substance or resulting from any

other conduct prohibited by NRS 484.379 or 484.3795; or

prohibits the same or similar conduct as set forth in paragraph (a)

or (b),

the person shall be punished by imprisonment in jail for not less

than 30 days nor more than 6 months or by serving a term of

residential confinement for not less than 60 days nor more than 6

months, and shall be further punished by a fine of not less than $500

nor more than $1,000. A person who is punished pursuant to this

subsection may not be granted probation, and a sentence imposed

for such a violation may not be suspended. A prosecutor may not

dismiss a charge of such a violation in exchange for a plea of guilty

[, of guilty but mentally ill] or of nolo contendere to a lesser charge

or for any other reason, unless in his judgment the charge is not

supported by probable cause or cannot be proved at trial. The

provisions of this subsection do not apply if the period of revocation

has expired but the person has not reinstated his license.

3. A term of imprisonment imposed pursuant to the provisions

of this section may be served intermittently at the discretion of the

judge or justice of the peace. This discretion must be exercised after

considering all the circumstances surrounding the offense, and the

family and employment of the person convicted. However, the full

term of imprisonment must be served within 6 months after the date

of conviction, and any segment of time the person is imprisoned

must not consist of less than 24 hours.

4. Jail sentences simultaneously imposed pursuant to this

section and NRS 484.3792, 484.37937 or 484.3794 must run

consecutively.

5. If the Department receives a record of the conviction or

punishment of any person pursuant to this section upon a charge of

driving a vehicle while his license was:

(a) Suspended, the Department shall extend the period of the

suspension for an additional like period.

(b) Revoked, the Department shall extend the period of

ineligibility for a license, permit or privilege to drive for an

additional 1 year.

and extend the period of ineligibility for a license, permit or

privilege to drive for an additional 1 year.

(d) Suspended or cancelled for an indefinite period, the

Department shall suspend his license for an additional 6 months for

the first violation and an additional 1 year for each subsequent

violation.

6. Suspensions and revocations imposed pursuant to this

section must run consecutively.

Sec. 49. NRS 484.3792 is hereby amended to read as follows:

484.3792 1. Unless a greater penalty is provided pursuant

to NRS 484.3795, a person who violates the provisions of

NRS 484.379:

(a) For the first offense within 7 years, is guilty of a

misdemeanor. Unless he is allowed to undergo treatment as

provided in NRS 484.37937, the court shall:

(1) Except as otherwise provided in subparagraph (4) or

subsection 6, order him to pay tuition for an educational course on

the abuse of alcohol and controlled substances approved by the

Department and complete the course within the time specified in the

order, and the court shall notify the Department if he fails to

complete the course within the specified time;

(2) Unless the sentence is reduced pursuant to NRS

484.37937, sentence him to imprisonment for not less than 2 days

nor more than 6 months in jail, or to perform not less than 48 hours,

but not more than 96 hours, of community service while dressed in

distinctive garb that identifies him as having violated the provisions

of NRS 484.379;

(3) Fine him not less than $400 nor more than $1,000; and

(4) If he is found to have a concentration of alcohol of 0.18

or more in his blood or breath, order him to attend a program of

treatment for the abuse of alcohol or drugs pursuant to the

provisions of NRS 484.37945.

(b) For a second offense within 7 years, is guilty of a

misdemeanor. Unless the sentence is reduced pursuant to NRS

484.3794, the court shall:

(1) Sentence him to:

(I) Imprisonment for not less than 10 days nor more than

6 months in jail; or

(II) Residential confinement for not less than 10 days nor

more than 6 months, in the manner provided in NRS 4.376 to

4.3766, inclusive, or 5.0755 to 5.078, inclusive;

(2) Fine him not less than $750 nor more than $1,000;

(3) Order him to perform not less than 100 hours, but not

more than 200 hours, of community service while dressed in

distinctive garb that identifies him as having violated the provisions

of NRS 484.379, unless the court finds that extenuating

circumstances exist; and

(4) Order him to attend a program of treatment for the

abuse of alcohol or drugs pursuant to the provisions of

NRS 484.37945.

A person who willfully fails or refuses to complete successfully a

term of residential confinement or a program of treatment ordered

pursuant to this subsection is guilty of a misdemeanor.

a category B felony and shall be punished by imprisonment in the

state prison for a minimum term of not less than 1 year and a

maximum term of not more than 6 years, and shall be further

punished by a fine of not less than $2,000 nor more than $5,000. An

offender so imprisoned must, insofar as practicable, be segregated

from offenders whose crimes were violent and, insofar as

practicable, be assigned to an institution or facility of minimum

security.

2. An offense that occurred within 7 years immediately