SB217

S.B. 217

Senate Bill No. 217–Senator Neal

February 26, 2003

____________

Joint Sponsors: Assemblymen Anderson and Leslie

____________

Referred to Committee on Judiciary

SUMMARY—Abolishes capital punishment. (BDR 15‑1044)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to capital punishment; abolishing the imposition of a sentence of death; amending or repealing related statutes pertaining to the existence, imposition and execution of a sentence of death; reducing the sentence of any person sentenced to death to a sentence of imprisonment for life without the possibility of parole; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 193.120 is hereby amended to read as follows:

1-2 193.120 1. A crime is an act or omission forbidden by law

1-3 and punishable upon conviction by [death,] imprisonment, fine or

1-4 other penal discipline.

1-5 2. Every crime [which may be punished by death or]

1-6 punishable by imprisonment in the state prison is a felony.

1-7 3. Every crime punishable by a fine of not more than $1,000,

1-8 or by imprisonment in a county jail for not more than 6 months, is a

1-9 misdemeanor.

1-10 4. Every other crime is a gross misdemeanor.

1-11 Sec. 2. NRS 193.130 is hereby amended to read as follows:

1-12 193.130 1. Except when a person is convicted of a category

1-13 A felony, and except as otherwise provided by specific statute, a

2-1 person convicted of a felony shall be sentenced to a minimum term

2-2 and a maximum term of imprisonment which must be within the

2-3 limits prescribed by the applicable statute, unless the statute in force

2-4 at the time of commission of the felony prescribed a different

2-5 penalty. The minimum term of imprisonment that may be imposed

2-6 must not exceed 40 percent of the maximum term imposed.

2-7 2. Except as otherwise provided by specific statute, for each

2-8 felony committed on or after [July 1, 1995:] the effective date of

2-9 this act:

2-10 (a) A category A felony is a felony for which a sentence of

2-11 [death or] imprisonment in the state prison for life with or without

2-12 the possibility of parole may be imposed, as provided by specific

2-13 statute.

2-14 (b) A category B felony is a felony for which the minimum term

2-15 of imprisonment in the state prison that may be imposed is not less

2-16 than 1 year and the maximum term of imprisonment that may be

2-17 imposed is not more than 20 years, as provided by specific statute.

2-18 (c) A category C felony is a felony for which a court shall

2-19 sentence a convicted person to imprisonment in the state prison for a

2-20 minimum term of not less than 1 year and a maximum term of not

2-21 more than 5 years. In addition to any other penalty, the court may

2-22 impose a fine of not more than $10,000, unless a greater fine is

2-23 authorized or required by statute.

2-24 (d) A category D felony is a felony for which a court shall

2-25 sentence a convicted person to imprisonment in the state prison for a

2-26 minimum term of not less than 1 year and a maximum term of not

2-27 more than 4 years. In addition to any other penalty, the court may

2-28 impose a fine of not more than $5,000, unless a greater fine is

2-29 authorized or required by statute.

2-30 (e) A category E felony is a felony for which a court shall

2-31 sentence a convicted person to imprisonment in the state prison for a

2-32 minimum term of not less than 1 year and a maximum term of not

2-33 more than 4 years. Except as otherwise provided in paragraph (b) of

2-34 subsection 1 of NRS 176A.100, upon sentencing a person who is

2-35 found guilty of a category E felony, the court shall suspend the

2-36 execution of the sentence and grant probation to the person upon

2-37 such conditions as the court deems appropriate. Such conditions of

2-38 probation may include, but are not limited to, requiring the person to

2-39 serve a term of confinement of not more than 1 year in the county

2-40 jail. In addition to any other penalty, the court may impose a fine of

2-41 not more than $5,000, unless a greater penalty is authorized or

2-42 required by statute.

2-43 Sec. 3. NRS 194.010 is hereby amended to read as follows:

2-44 194.010 All persons are liable to punishment except those

2-45 belonging to the following classes:

3-1 1. Children under the age of 8 years.

3-2 2. Children between the ages of 8 years and 14 years, in the

3-3 absence of clear proof that at the time of committing the act charged

3-4 against them they knew its wrongfulness.

3-5 3. Persons who committed the act or made the omission

3-6 charged under an ignorance or mistake of fact, which disproves any

3-7 criminal intent, where a specific intent is required to constitute the

3-8 offense.

3-9 4. Persons who committed the act charged without being

3-10 conscious thereof.

3-11 5. Persons who committed the act or made the omission

3-12 charged, through misfortune or by accident, when it appears that

3-13 there was no evil design, intention or culpable negligence.

3-14 6. Persons, unless the crime is [punishable with death,] murder

3-15 of the first degree, who committed the act or made the omission

3-16 charged under threats or menaces sufficient to show that they had

3-17 reasonable cause to believe, and did believe, their lives would be

3-18 endangered if they refused, or that they would suffer great bodily

3-19 harm.

3-20 Sec. 4. NRS 200.030 is hereby amended to read as follows:

3-21 200.030 1. Murder of the first degree is murder which is:

3-22 (a) Perpetrated by means of poison, lying in wait or torture, or

3-23 by any other kind of willful, deliberate and premeditated killing;

3-24 (b) Committed in the perpetration or attempted perpetration of

3-25 sexual assault, kidnapping, arson, robbery, burglary, invasion of the

3-26 home, sexual abuse of a child, sexual molestation of a child under

3-27 the age of 14 years or child abuse;

3-28 (c) Committed to avoid or prevent the lawful arrest of any

3-29 person by a peace officer or to effect the escape of any person from

3-30 legal custody; or

3-31 (d) Committed on the property of a public or private school, at

3-32 an activity sponsored by a public or private school or on a school

3-33 bus while the bus was engaged in its official duties by a person who

3-34 intended to create a great risk of death or substantial bodily harm to

3-35 more than one person by means of a weapon, device or course of

3-36 action that would normally be hazardous to the lives of more than

3-37 one person.

3-38 2. Murder of the second degree is all other kinds of murder.

3-39 3. The jury before whom any person indicted for murder is

3-40 tried shall, if they find him guilty thereof, designate by their verdict

3-41 whether he is guilty of murder of the first or second degree.

3-42 4. A person convicted of murder of the first degree is guilty of

3-43 a category A felony and shall be punished[:

3-44 (a) By death, only if one or more aggravating circumstances are

3-45 found and any mitigating circumstance or circumstances which are

4-1 found do not outweigh the aggravating circumstance or

4-2 circumstances; or

4-3 (b) By] by imprisonment in the state prison:

4-4 [(1)] (a) For life without the possibility of parole;

4-5 [(2)] (b) For life with the possibility of parole, with eligibility

4-6 for parole beginning when a minimum of 20 years has been served;

4-7 or

4-8 [(3)] (c) For a definite term of 50 years, with eligibility for

4-9 parole beginning when a minimum of 20 years has been

4-10 served.

4-11 [A determination of whether aggravating circumstances exist is not

4-12 necessary to fix the penalty at imprisonment for life with or without

4-13 the possibility of parole.]

4-14 5. A person convicted of murder of the second degree is guilty

4-15 of a category A felony and shall be punished by imprisonment in the

4-16 state prison:

4-17 (a) For life with the possibility of parole, with eligibility for

4-18 parole beginning when a minimum of 10 years has been served; or

4-19 (b) For a definite term of 25 years, with eligibility for parole

4-20 beginning when a minimum of 10 years has been served.

4-21 6. As used in this section:

4-22 (a) “Child abuse” means physical injury of a nonaccidental

4-23 nature to a child under the age of 18 years;

4-24 (b) “School bus” has the meaning ascribed to it in NRS 483.160;

4-25 (c) “Sexual abuse of a child” means any of the acts described in

4-26 NRS 432B.100; and

4-27 (d) “Sexual molestation” means any willful and lewd or

4-28 lascivious act, other than acts constituting the crime of sexual

4-29 assault, upon or with the body, or any part or member thereof, of a

4-30 child under the age of 14 years, with the intent of arousing,

4-31 appealing to, or gratifying the lust, passions or sexual desires of the

4-32 perpetrator or of the child.

4-33 Sec. 5. NRS 7.125 is hereby amended to read as follows:

4-34 7.125 1. Except as limited by subsections 2, 3 and 4, an

4-35 attorney other than a public defender appointed by a magistrate or a

4-36 district court to represent or defend a defendant at any stage of the

4-37 criminal proceedings from the defendant’s initial appearance before

4-38 the magistrate or the district court through the appeal, if any, is

4-39 entitled to receive a fee for court appearances and other time

4-40 reasonably spent on the matter to which the appointment is made,

4-41 $75 per hour. Except for cases in which the most serious crime is a

4-42 felony punishable by [death or by] imprisonment for life with or

4-43 without possibility of parole, this subsection does not preclude a

4-44 governmental entity from contracting with a private attorney who

4-45 agrees to provide such services for a lesser rate of compensation.

5-1 2. The total fee for each attorney in any matter regardless of the

5-2 number of offenses charged or ancillary matters pursued must not

5-3 exceed:

5-4 (a) If the most serious crime is a felony punishable by [death or

5-5 by] imprisonment for life with or without possibility of parole,

5-6 $12,000;

5-7 (b) If the most serious crime is a felony other than a felony

5-8 included in paragraph (a) or is a gross misdemeanor, $2,500;

5-9 (c) If the most serious crime is a misdemeanor, $750;

5-10 (d) For an appeal of one or more misdemeanor convictions,

5-11 $750; or

5-12 (e) For an appeal of one or more gross misdemeanor or felony

5-13 convictions, $2,500.

5-14 3. An attorney appointed by a district court to represent an

5-15 indigent petitioner for a writ of habeas corpus or other

5-16 postconviction relief, if the petitioner is imprisoned pursuant to a

5-17 judgment of conviction of a gross misdemeanor or felony, is entitled

5-18 to be paid a fee not to exceed $750.

5-19 4. If the appointing court , because of:

5-20 (a) The complexity of a case or the number of its factual or legal

5-21 issues;

5-22 (b) The severity of the offense;

5-23 (c) The time necessary to provide an adequate defense; or

5-24 (d) Other special circumstances,

5-25 deems it appropriate to grant a fee in excess of the applicable

5-26 maximum, the payment must be made, but only if the court in which

5-27 the representation was rendered certifies that the amount of the

5-28 excess payment is both reasonable and necessary and the payment is

5-29 approved by the presiding judge of the judicial district in which the

5-30 attorney was appointed, or if there is no such presiding judge or if

5-31 he presided over the court in which the representation was rendered,

5-32 then by the district judge who holds seniority in years of service in

5-33 office.

5-34 5. The magistrate, the district court or the Supreme Court may,

5-35 in the interests of justice, substitute one appointed attorney for

5-36 another at any stage of the proceedings, but the total amount of fees

5-37 granted all appointed attorneys must not exceed those allowable if

5-38 but one attorney represented or defended the defendant at all stages

5-39 of the criminal proceeding.

5-40 Sec. 6. NRS 34.724 is hereby amended to read as follows:

5-41 34.724 1. Any person convicted of a crime and under

5-42 sentence of [death or] imprisonment who claims that the conviction

5-43 was obtained, or that the sentence was imposed, in violation of the

5-44 Constitution of the United States or the Constitution or laws of this

5-45 state, or who claims that the time he has served pursuant to the

6-1 judgment of conviction has been improperly computed, may,

6-2 without paying a filing fee, file a postconviction petition for a writ

6-3 of habeas corpus to obtain relief from the conviction or sentence or

6-4 to challenge the computation of time that he has served.

6-5 2. Such a petition:

6-6 (a) Is not a substitute for and does not affect any remedies which

6-7 are incident to the proceedings in the trial court or the remedy of

6-8 direct review of the sentence or conviction.

6-9 (b) Comprehends and takes the place of all other common-law,

6-10 statutory or other remedies which have been available for

6-11 challenging the validity of the conviction or sentence, and must be

6-12 used exclusively in place of them.

6-13 (c) Is the only remedy available to an incarcerated person to

6-14 challenge the computation of time that he has served pursuant to a

6-15 judgment of conviction.

6-16 Sec. 7. NRS 34.735 is hereby amended to read as follows:

6-17 34.735 A petition must be in substantially the following form,

6-18 with appropriate modifications if the petition is filed in the Supreme

6-19 Court:

6-20 Case No...........

6-21 Dept. No.........

6-22 IN THE .................. JUDICIAL DISTRICT COURT OF THE

6-23 STATE OF NEVADA IN AND FOR THE COUNTY

6-24 OF..................

6-25 ..................................

6-26 Petitioner,

6-27 v. PETITION FOR WRIT

6-28 OF HABEAS CORPUS

6-29 (POSTCONVICTION)

6-30 ..................................

6-31 Respondent.

6-32 INSTRUCTIONS:

6-33 (1) This petition must be legibly handwritten or typewritten,

6-34 signed by the petitioner and verified.

6-35 (2) Additional pages are not permitted except where noted or

6-36 with respect to the facts which you rely upon to support your

6-37 grounds for relief. No citation of authorities need be furnished. If

6-38 briefs or arguments are submitted, they should be submitted in the

6-39 form of a separate memorandum.

7-1 (3) If you want an attorney appointed, you must complete the

7-2 Affidavit in Support of Request to Proceed in Forma Pauperis. You

7-3 must have an authorized officer at the prison complete the certificate

7-4 as to the amount of money and securities on deposit to your credit in

7-5 any account in the institution.

7-6 (4) You must name as respondent the person by whom you are

7-7 confined or restrained. If you are in a specific institution of the

7-8 Department of Corrections, name the warden or head of the

7-9 institution. If you are not in a specific institution of the Department

7-10 but within its custody, name the Director of the Department of

7-11 Corrections.

7-12 (5) You must include all grounds or claims for relief which you

7-13 may have regarding your conviction or sentence. Failure to raise all

7-14 grounds in this petition may preclude you from filing future

7-15 petitions challenging your conviction and sentence.

7-16 (6) You must allege specific facts supporting the claims in the

7-17 petition you file seeking relief from any conviction or sentence.

7-18 Failure to allege specific facts rather than just conclusions may

7-19 cause your petition to be dismissed. If your petition contains a claim

7-20 of ineffective assistance of counsel, that claim will operate to waive

7-21 the attorney-client privilege for the proceeding in which you claim

7-22 your counsel was ineffective.

7-23 (7) When the petition is fully completed, the original and one

7-24 copy must be filed with the clerk of the state district court for the

7-25 county in which you were convicted. One copy must be mailed to

7-26 the respondent, one copy to the Attorney General’s Office, and one

7-27 copy to the district attorney of the county in which you were

7-28 convicted or to the original prosecutor if you are challenging your

7-29 original conviction or sentence. Copies must conform in all

7-30 particulars to the original submitted for filing.

7-31 PETITION

7-32 1. Name of institution and county in which you are presently

7-33 imprisoned or where and how you are presently restrained of your

7-34 liberty: ...............................................................

7-35 2. Name and location of court which entered the judgment of

7-36 conviction under attack: ...................................

7-37 ............................................................................

7-38 3. Date of judgment of conviction:

7-39 4. Case number:

7-40 5. ~~[(a)]~~ Length of sentence:

7-41 ............................................................................

7-42 ~~[(b) If sentence is death, state any date upon which execution is~~

7-43 ~~scheduled:]~~.........................................................

8-1 6. Are you presently serving a sentence for a conviction other

8-2 than the conviction under attack in this motion? Yes ........ No ........

8-3 If “yes,” list crime, case number and sentence being served at this

8-4 time: ...................................................................

8-5 ............................................................................

8-6 ............................................................................

8-7 7. Nature of offense involved in conviction being challenged:

8-8 ............................................................................

8-9 8. What was your plea? (check one)

8-10 (a) Not guilty ........

8-11 (b) Guilty ........

8-12 (c) Guilty but mentally ill .......

8-13 (d) Nolo contendere ........

8-14 9. If you entered a plea of guilty or guilty but mentally ill to

8-15 one count of an indictment or information, and a plea of not guilty

8-16 to another count of an indictment or information, or if a plea of

8-17 guilty or guilty but mentally ill was negotiated, give details:

8-18 ............................................................................

8-19 ............................................................................

8-20 10. If you were found guilty after a plea of not guilty, was the

8-21 finding made by: (check one)

8-22 (a) Jury ........

8-23 (b) Judge without a jury ........

8-24 11. Did you testify at the trial? Yes ........ No ........

8-25 12. Did you appeal from the judgment of conviction? Yes ........

8-26 No ........

8-27 13. If you did appeal, answer the following:

8-28 (a) Name of court:

8-29 (b) Case number or citation:

8-30 (c) Result:

8-31 (d) Date of result:

8-32 (Attach copy of order or decision, if available.)

8-33 14. If you did not appeal, explain briefly why you did not:

8-34 ............................................................................

8-35 ............................................................................

8-36 15. Other than a direct appeal from the judgment of conviction

8-37 and sentence, have you previously filed any petitions, applications

8-38 or motions with respect to this judgment in any court, state or

8-39 federal? Yes ........ No ........

8-40 16. If your answer to No. 15 was “yes,” give the following

8-41 information:

8-42 (a) (1) Name of court:

8-43 (2) Nature of proceeding:

8-44 ............................................................................

9-1 (3) Grounds raised:.......................................

9-2 ............................................................................

9-3 ............................................................................

9-4 (4) Did you receive an evidentiary hearing on your petition,

9-5 application or motion? Yes ........ No ........

9-6 (5) Result: .....................................................

9-7 (6) Date of result: .........................................

9-8 (7) If known, citations of any written opinion or date of

9-9 orders entered pursuant to such result: ............

9-10 ............................................................................

9-11 (b) As to any second petition, application or motion, give the

9-12 same information:

9-13 (1) Name of court:

9-14 (2) Nature of proceeding:

9-15 (3) Grounds raised:

9-16 (4) Did you receive an evidentiary hearing on your petition,

9-17 application or motion? Yes ........ No ........

9-18 (5) Result:

9-19 (6) Date of result:

9-20 (7) If known, citations of any written opinion or date of

9-21 orders entered pursuant to such result: ...........

9-22 ............................................................................

9-23 (c) As to any third or subsequent additional applications or

9-24 motions, give the same information as above, list them on a separate

9-25 sheet and attach.

9-26 (d) Did you appeal to the highest state or federal court having

9-27 jurisdiction, the result or action taken on any petition, application or

9-28 motion?

9-29 (1) First petition, application or motion? Yes ........ No ........

9-30 Citation or date of decision:

9-31 (2) Second petition, application or motion? Yes ........

9-32 No .........

9-33 Citation or date of decision:

9-34 (3) Third or subsequent petitions, applications or motions?

9-35 Yes....... No ........

9-36 Citation or date of decision:

9-37 (e) If you did not appeal from the adverse action on any petition,

9-38 application or motion, explain briefly why you did not. (You must

9-39 relate specific facts in response to this question. Your response may

9-40 be included on paper which is 8 1/2 by 11 inches attached to the

9-41 petition. Your response may not exceed five handwritten or

9-42 typewritten pages in length.) ............................

9-43 ............................................................................

9-44 ............................................................................

10-1 17. Has any ground being raised in this petition been

10-2 previously presented to this or any other court by way of petition for

10-3 habeas corpus, motion, application or any other postconviction

10-4 proceeding? If so, identify:

10-5 (a) Which of the grounds is the same:

10-6 ............................................................................

10-7 (b) The proceedings in which these grounds were raised:

10-8 ............................................................................

10-9 .. (c) Briefly explain why you are again raising these grounds.

10-10 (You must relate specific facts in response to this question. Your

10-11 response may be included on paper which is 8 1/2 by 11 inches

10-12 attached to the petition. Your response may not exceed five

10-13 handwritten or typewritten pages in length.) ..

10-14 ...........................................................................

10-15 18. If any of the grounds listed in [Nos.] No. 23(a), (b), (c)

10-16 [and] or (d), or listed on any additional pages you have attached,

10-17 were not previously presented in any other court, state or federal, list

10-18 briefly what grounds were not so presented, and give your reasons

10-19 for not presenting them. (You must relate specific facts in response

10-20 to this question. Your response may be included on paper which is 8

10-21 1/2 by 11 inches attached to the petition. Your response may not

10-22 exceed five handwritten or typewritten pages in length.)

10-23 ...........................................................................

10-24 19. Are you filing this petition more than 1 year following the

10-25 filing of the judgment of conviction or the filing of a decision on

10-26 direct appeal? If so, state briefly the reasons for the delay. (You

10-27 must relate specific facts in response to this question. Your response

10-28 may be included on paper which is 8 1/2 by 11 inches attached to

10-29 the petition. Your response may not exceed five handwritten or

10-30 typewritten pages in length.) ...........................

10-31 ...........................................................................

10-32 ..................... 20. Do you have any petition or appeal now pending in any

10-33 court, either state or federal, as to the judgment under attack? Yes

10-34 ........ No ........

10-35 If yes, state what court and the case number: .

10-36 ...........................................................................

10-37 21. Give the name of each attorney who represented you in the

10-38 proceeding resulting in your conviction and on direct appeal:

10-39 ...........................................................................

10-40 ........................... 22. Do you have any future sentences to serve after you

10-41 complete the sentence imposed by the judgment under attack? Yes

10-42 ........ No ........

10-43 If yes, specify where and when it is to be served, if you know:

10-44 ...........................................................................

11-1 23. State concisely every ground on which you claim that you

11-2 are being held unlawfully. Summarize briefly the facts supporting

11-3 each ground. If necessary you may attach pages stating additional

11-4 grounds and facts supporting same.

11-5 (a) Ground one:

11-6 ............................................................................

11-7 Supporting FACTS (Tell your story briefly without citing cases or

11-8 law.): .................................................................

11-9 ............................................................................

11-10 ...........................................................................

11-11 ................................................ (b) Ground two:

11-12 ...........................................................................

11-13 Supporting FACTS (Tell your story briefly without citing cases or

11-14 law.): ................................................................

11-15 ...........................................................................

11-16 ...........................................................................

11-17 .............................................. (c) Ground three:

11-18 ...........................................................................

11-19 Supporting FACTS (Tell your story briefly without citing cases or

11-20 law.): ................................................................

11-21 ...........................................................................

11-22 ...........................................................................

11-23 ............................................... (d) Ground four:

11-24 ...........................................................................

11-25 Supporting FACTS (Tell your story briefly without citing cases or

11-26 law.): ................................................................

11-27 ...........................................................................

11-28 ...........................................................................

11-29 ................. WHEREFORE, petitioner prays that the court grant petitioner

11-30 relief to which he may be entitled in this proceeding.

11-31 ............. EXECUTED at ................... on the ....... day of the month of .......

11-32 of the year .......

11-33 ...............................

11-34 Signature of petitioner

11-35 ...............................

11-36 Address

11-37 Signature of attorney (if any)

11-38 .................................

11-39 Attorney for petitioner

11-40 .................................

11-41 Address

12-1 VERIFICATION

12-2 Under penalty of perjury, the undersigned declares that he is the

12-3 petitioner named in the foregoing petition and knows the contents

12-4 thereof; that the pleading is true of his own knowledge, except as to

12-5 those matters stated on information and belief, and as to such

12-6 matters he believes them to be true.

12-7 ...............................

12-8 Petitioner

12-9 ...............................

12-10 Attorney for petitioner

12-11 CERTIFICATE OF SERVICE BY MAIL

12-12 I, ................................, hereby certify pursuant to N.R.C.P. 5(b),

12-13 that on this ........ day of the month of ........ of the year ........, I

12-14 mailed a true and correct copy of the foregoing PETITION FOR

12-15 WRIT OF HABEAS CORPUS addressed to:

12-16 ...................................................

12-17 Respondent prison or jail official

12-18 ...................................................

12-19 Address

12-20 ...................................................

12-21 Attorney General

12-22 Heroes’ Memorial Building

12-23 Capitol Complex

12-24 Carson City, Nevada 89710

12-25 ...................................................

12-26 District Attorney of County of Conviction

12-27 ...................................................

12-28 Address

12-29 ...............................

12-30 Signature of Petitioner

12-31 Sec. 8. NRS 174.065 is hereby amended to read as follows:

12-32 174.065 Except as otherwise provided in NRS 174.061:

12-33 1. On a plea of guilty or guilty but mentally ill to an

12-34 information or indictment accusing a defendant of a crime divided

12-35 into degrees, when consented to by the prosecuting attorney in open

12-36 court and approved by the court, the plea may specify the degree,

13-1 and in such event the defendant shall not be punished for a higher

13-2 degree than that specified in the plea.

13-3 2. On a plea of guilty or guilty but mentally ill to an indictment

13-4 or information for murder of the first degree, when consented to by

13-5 the prosecuting attorney in open court and approved by the court,

13-6 the plea may specify a punishment . [less than death.] The specified

13-7 punishment, or any lesser punishment, may be imposed by a single

13-8 judge.

13-9 Sec. 9. NRS 175.011 is hereby amended to read as follows:

13-10 175.011 1. In a district court, cases required to be tried by

13-11 jury must be so tried unless the defendant waives a jury trial in

13-12 writing with the approval of the court and the consent of the State. A

13-13 defendant who pleads not guilty to the charge of [a capital] the

13-14 offense of murder of the first degree must be tried by jury.

13-15 2. In a justice’s court, a case must be tried by jury only if the

13-16 defendant so demands in writing not less than 30 days before trial.

13-17 Except as otherwise provided in NRS 4.390 and 4.400, if a case is

13-18 tried by jury, a reporter must be present who is a certified court

13-19 reporter and shall report the trial.

13-20 Sec. 10. NRS 175.051 is hereby amended to read as follows:

13-21 175.051 1. If the offense charged is punishable by [death or

13-22 by] imprisonment for life, each side is entitled to eight peremptory

13-23 challenges.

13-24 2. If the offense charged is punishable by imprisonment for any

13-25 other term or by fine or by both fine and imprisonment, each side is

13-26 entitled to four peremptory challenges.

13-27 3. The State and the defendant shall exercise their challenges

13-28 alternately, in that order. Any challenge not exercised in its proper

13-29 order is waived.

13-30 Sec. 11. NRS 175.151 is hereby amended to read as follows:

13-31 175.151 If the indictment or information [be for an offense

13-32 punishable with death,] is for the offense of murder of the first

13-33 degree, two counsel on each side may argue the case to the jury, but

13-34 in such case, as well as in all others, the counsel for the State must

13-35 open and conclude the argument. If [it be] the indictment or

13-36 information is for any other offense, the court may, in its discretion,

13-37 restrict the argument to one counsel on each side.

13-38 Sec. 12. NRS 175.552 is hereby amended to read as follows:

13-39 175.552 1. Except as otherwise provided in subsection 2, in

13-40 every case in which there is a finding that a defendant is guilty of

13-41 murder of the first degree, [whether or not the death penalty is

13-42 sought,] the court shall conduct a separate penalty hearing. The

13-43 separate penalty hearing must be conducted as follows:

14-1 (a) If the finding is made by a jury, the separate penalty hearing

14-2 must be conducted in the trial court before the trial jury, as soon as

14-3 practicable.

14-4 (b) [If the finding is made upon a plea of guilty or guilty but

14-5 mentally ill or a trial without a jury and the death penalty is sought,

14-6 the separate penalty hearing must be conducted before a panel of

14-7 three district judges, as soon as practicable.

14-8 (c)] If the finding is made upon a plea of guilty or guilty but

14-9 mentally ill or a trial without a jury , [and the death penalty is not

14-10 sought,] the separate penalty hearing must be conducted before the

14-11 judge who conducted the trial or who accepted the plea, as soon as

14-12 practicable.

14-13 2. [In a case in which the death penalty is not sought, the] The

14-14 parties may by stipulation waive the separate penalty hearing

14-15 required in subsection 1. When stipulating to such a waiver, the

14-16 parties may also include an agreement to have the sentence, if any,

14-17 imposed by the trial judge. Any stipulation pursuant to this

14-18 subsection must be in writing and signed by the defendant, his

14-19 attorney, if any, and the prosecuting attorney.

14-20 3. In the hearing, evidence may be presented [concerning

14-21 aggravating and mitigating circumstances relative to the offense,

14-22 defendant or victim and] on any [other] matter which the court

14-23 deems relevant to sentence, whether or not the evidence is ordinarily

14-24 admissible. Evidence may be offered to refute hearsay matters. No

14-25 evidence which was secured in violation of the Constitution of the

14-26 United States or the Constitution of the State of Nevada may be

14-27 introduced. [The State may introduce evidence of additional

14-28 aggravating circumstances as set forth in NRS 200.033, other than

14-29 the aggravated nature of the offense itself, only if it has been

14-30 disclosed to the defendant before the commencement of the penalty

14-31 hearing.

14-32 4. In a case in which the death penalty is not sought, the]

14-33 4. The jury or the trial judge shall determine whether the

14-34 defendant should be sentenced to life with the possibility of parole

14-35 or life without the possibility of parole.

14-36 Sec. 13. NRS 175.556 is hereby amended to read as follows:

14-37 175.556 [1. In a case in which the death penalty is sought, if

14-38 a jury is unable to reach a unanimous verdict upon the sentence to

14-39 be imposed, the Supreme Court shall appoint two district judges

14-40 from judicial districts other than the district in which the plea is

14-41 made, who shall with the district judge who conducted the trial, or

14-42 his successor in office, conduct the required penalty hearing to

14-43 determine the presence of aggravating and mitigating circumstances,

14-44 and give sentence accordingly. A sentence of death may be given

15-1 only by unanimous vote of the three judges, but any other sentence

15-2 may be given by the vote of a majority.

15-3 2. In a case in which the death penalty is not sought, if] If a

15-4 jury is unable to reach a unanimous verdict upon the sentence to be

15-5 imposed, the trial judge shall impose the sentence.

15-6 Sec. 14. NRS 176.035 is hereby amended to read as follows:

15-7 176.035 1. Except as otherwise provided in subsection 2,

15-8 whenever a person is convicted of two or more offenses, and

15-9 sentence has been pronounced for one offense, the court in imposing

15-10 any subsequent sentence may provide that the sentences

15-11 subsequently pronounced run either concurrently or consecutively

15-12 with the sentence first imposed. Except as otherwise provided in

15-13 subsections 2 and 3, if the court makes no order with reference

15-14 thereto, all such subsequent sentences run concurrently.

15-15 2. Except as otherwise provided in this subsection, whenever a

15-16 person under sentence of imprisonment for committing a felony

15-17 commits another crime constituting a felony and is sentenced to

15-18 another term of imprisonment for that felony, the latter term must

15-19 not begin until the expiration of all prior terms. If the person is a

15-20 probationer at the time the subsequent felony is committed, the court

15-21 may provide that the latter term of imprisonment run concurrently

15-22 with any prior terms or portions thereof. If the person is sentenced to

15-23 a term of imprisonment for life without the possibility of parole, the

15-24 sentence must be executed without reference to the unexpired term

15-25 of imprisonment and without reference to his eligibility for parole.

15-26 3. Whenever a person under sentence of imprisonment

15-27 commits another crime constituting a misdemeanor or gross

15-28 misdemeanor, the court shall provide expressly whether the sentence

15-29 subsequently pronounced runs concurrently or consecutively with

15-30 the one first imposed.

15-31 4. Whenever a person under sentence of imprisonment

15-32 commits [another crime for which the punishment is death,] the

15-33 crime of murder of the first degree, the sentence must be executed

15-34 without reference to the unexpired term of imprisonment.

15-35 5. This section does not prevent the State Board of Parole

15-36 Commissioners from paroling a person under consecutive sentences

15-37 of imprisonment from a current term of imprisonment to a

15-38 subsequent term of imprisonment.

15-39 Sec. 15. NRS 176.325 is hereby amended to read as follows:

15-40 176.325 When a judgment of imprisonment to be served in the

15-41 state prison has been pronounced, triplicate certified copies of

15-42 the judgment of conviction, attested by the clerk under the seal of

15-43 the court, must forthwith be furnished to the officers whose duty it is

15-44 to execute the judgment, as provided by NRS 176.335, and no other

16-1 warrant or authority is necessary to justify or require the execution

16-2 thereof . [, except when a judgment of death is rendered.]

16-3 Sec. 16. NRS 177.075 is hereby amended to read as follows:

16-4 177.075 1. [Except where appeal is automatic, an] An appeal

16-5 from a district court to the Supreme Court is taken by filing a notice

16-6 of appeal with the clerk of the district court. Bills of exception and

16-7 assignments of error in cases governed by this chapter are abolished.

16-8 2. When a court imposes sentence upon a defendant who has

16-9 not pleaded guilty or guilty but mentally ill and who is without

16-10 counsel, the court shall advise the defendant of his right to appeal,

16-11 and if he so requests, the clerk shall prepare and file forthwith a

16-12 notice of appeal on his behalf.

16-13 3. A notice of appeal must be signed:

16-14 (a) By the appellant or appellant’s attorney; or

16-15 (b) By the clerk if prepared by him.

16-16 Sec. 17. NRS 177.235 is hereby amended to read as follows:

16-17 177.235 Upon the argument of the appeal, if the offense is

16-18 [punishable with death,] murder of the first degree, two counsel

16-19 [shall] must be heard on each side, if they require it. In any other

16-20 case the Court may, in its discretion, restrict the argument to one

16-21 counsel on each side.

16-22 Sec. 18. NRS 178.388 is hereby amended to read as follows:

16-23 178.388 1. Except as otherwise provided in this title, the

16-24 defendant must be present at the arraignment, at every stage of

16-25 the trial including the impaneling of the jury and the return of the

16-26 verdict, and at the imposition of sentence. A corporation may appear

16-27 by counsel for all purposes.

16-28 2. In prosecutions for offenses [not punishable by death:] other

16-29 than murder of the first degree:

16-30 (a) The defendant’s voluntary absence after the trial has been

16-31 commenced in his presence must not prevent continuing the trial to

16-32 and including the return of the verdict.

16-33 (b) If the defendant was present at the trial through the time he

16-34 pleads guilty or guilty but mentally ill or is found guilty but at the

16-35 time of his sentencing is incarcerated in another jurisdiction, he may

16-36 waive his right to be present at the sentencing proceedings and agree

16-37 to be sentenced in this state in his absence. The defendant’s waiver

16-38 is valid only if it is:

16-39 (1) Made knowingly, intelligently and voluntarily after

16-40 consulting with an attorney licensed to practice in this state;

16-41 (2) Signed and dated by the defendant and notarized by a

16-42 notary public or judicial officer; and

16-43 (3) Signed and dated by his attorney after it has been signed

16-44 by the defendant and notarized.

17-1 3. In prosecutions for offenses punishable by fine or by

17-2 imprisonment for not more than 1 year, or both, the court, with the

17-3 written consent of the defendant, may permit arraignment, plea, trial

17-4 and imposition of sentence in the defendant’s absence, if the court

17-5 determines that the defendant was fully aware of his applicable

17-6 constitutional rights when he gave his consent.

17-7 4. The presence of the defendant is not required at the

17-8 arraignment or any preceding stage if the court has provided for the

17-9 use of a closed-circuit television to facilitate communication

17-10 between the court and the defendant during the proceeding. If

17-11 closed-circuit television is provided for, members of the news media

17-12 may observe and record the proceeding from both locations unless

17-13 the court specifically provides otherwise.

17-14 5. The defendant’s presence is not required at the settling of

17-15 jury instructions.

17-16 Sec. 19. NRS 209.3925 is hereby amended to read as follows:

17-17 209.3925 1. Except as otherwise provided in subsection 6,

17-18 the Director may assign an offender to the custody of the Division

17-19 of Parole and Probation of the Department of Public Safety to serve

17-20 a term of residential confinement pursuant to NRS 213.380, for not

17-21 longer than the remainder of his sentence, if:

17-22 (a) The Director has reason to believe that the offender is:

17-23 (1) Physically incapacitated to such a degree that he does not

17-24 presently, and likely will not in the future, pose a threat to the safety

17-25 of the public; or

17-26 (2) In ill health and expected to die within 12 months, and

17-27 does not presently, and likely will not in the future, pose a threat to

17-28 the safety of the public; and

17-29 (b) At least two physicians licensed pursuant to chapter 630 of

17-30 NRS, one of whom is not employed by the Department, verify, in

17-31 writing, that the offender is:

17-32 (1) Physically incapacitated; or

17-33 (2) In ill health and expected to die within 12 months.

17-34 2. If the Director intends to assign an offender to the custody of

17-35 the Division of Parole and Probation pursuant to this section, at least

17-36 45 days before the date the offender is expected to be released from

17-37 the custody of the Department, the Director shall notify:

17-38 (a) If the offender will reside within this state after he is released

17-39 from the custody of the Department, the board of county

17-40 commissioners of the county in which the offender will reside; and

17-41 (b) The Division of Parole and Probation.

17-42 3. If any victim of a crime committed by the offender has,

17-43 pursuant to subsection 4 of NRS 213.130, requested to be notified of

17-44 the consideration of a prisoner for parole and has provided a current

18-1 address, the Division of Parole and Probation shall notify the victim

18-2 that:

18-3 (a) The Director intends to assign the offender to the custody of

18-4 the Division of Parole and Probation pursuant to this section; and

18-5 (b) The victim may submit documents to the Division of Parole

18-6 and Probation regarding such an assignment.

18-7 If a current address has not been provided by a victim as required by

18-8 subsection 4 of NRS 213.130, the Division of Parole and Probation

18-9 must not be held responsible if notification is not received by the

18-10 victim. All personal information, including, but not limited to, a

18-11 current or former address, which pertains to a victim and which is

18-12 received by the Division of Parole and Probation pursuant to this

18-13 subsection is confidential.

18-14 4. If an offender assigned to the custody of the Division of

18-15 Parole and Probation pursuant to this section escapes or violates any

18-16 of the terms or conditions of his residential confinement:

18-17 (a) The Division of Parole and Probation may, pursuant to the

18-18 procedure set forth in NRS 213.410, return the offender to the

18-19 custody of the Department.

18-20 (b) The offender forfeits all or part of the credits for good

18-21 behavior earned by him before the escape or violation, as

18-22 determined by the Director. The Director may provide for a

18-23 forfeiture of credits pursuant to this paragraph only after proof of the

18-24 offense and notice to the offender and may restore credits forfeited

18-25 for such reasons as he considers proper. The decision of the Director

18-26 regarding such a forfeiture is final.

18-27 5. The assignment of an offender to the custody of the Division

18-28 of Parole and Probation pursuant to this section shall be deemed:

18-29 (a) A continuation of his imprisonment and not a release on

18-30 parole; and

18-31 (b) For the purposes of NRS 209.341, an assignment to a facility

18-32 of the Department,

18-33 except that the offender is not entitled to obtain any benefits or to

18-34 participate in any programs provided to offenders in the custody of

18-35 the Department.

18-36 6. The Director may not assign an offender to the custody of

18-37 the Division of Parole and Probation pursuant to this section if the

18-38 offender is sentenced to [death or] imprisonment for life without the

18-39 possibility of parole.

18-40 7. An offender does not have a right to be assigned to the

18-41 custody of the Division of Parole and Probation pursuant to this

18-42 section, or to remain in that custody after such an assignment, and it

18-43 is not intended that the provisions of this section or of NRS 213.371

18-44 to 213.410, inclusive, create any right or interest in liberty or

18-45 property or establish a basis for any cause of action against the

19-1 State, its political subdivisions, agencies, boards, commissions,

19-2 departments, officers or employees.

19-3 Sec. 20. NRS 209.424 is hereby amended to read as follows:

19-4 209.424 An offender may not participate in a therapeutic

19-5 community if the offender:

19-6 1. Was sentenced to [death or] a term of imprisonment for life

19-7 without the possibility of parole; or

19-8 2. Is or was eligible to participate in the program of treatment

19-9 established pursuant to NRS 209.425, whether or not the offender

19-10 actually participated in or completed that program of treatment.

19-11 Sec. 21. NRS 212.050 is hereby amended to read as follows:

19-12 212.050 1. If any person who has been sentenced to

19-13 confinement in the state prison, by any court having competent

19-14 authority within this state, escapes therefrom, or is charged with

19-15 murder , [or the perpetration of any crime punishable with death,]

19-16 the Governor may, upon satisfactory evidence of the guilt of the

19-17 accused, offer a reward for information that leads to his

19-18 apprehension. The reward offered by the Governor must not exceed

19-19 the sum of $5,000[,] and must be paid out of the Reserve for

19-20 Statutory Contingency Account upon approval by the State Board of

19-21 Examiners.

19-22 2. If any person who has been sentenced to confinement in a

19-23 jail, branch county jail or other local detention facility by any court

19-24 having competent authority within this state, escapes therefrom, or

19-25 is charged with murder , [or the perpetration of any crime

19-26 punishable with death,] the board of county commissioners of the

19-27 county, the governing body of the city or other local government

19-28 responsible for the operation of the facility may, upon satisfactory

19-29 evidence of the guilt of the accused, offer a reward for information

19-30 that leads to his apprehension. The reward offered by the board,

19-31 governing body or other local government must not exceed the sum

19-32 of $5,000.

19-33 Sec. 22. NRS 213.030 is hereby amended to read as follows:

19-34 213.030 No notice [shall be] is required of an application for[:

19-35 1. A] a restoration to citizenship to take effect at the expiration

19-36 of a term of imprisonment . [; or

19-37 2. The commutation of the death penalty.]

19-38 Sec. 23. NRS 213.085 is hereby amended to read as follows:

19-39 213.085 1. If a person is convicted of murder of the first

19-40 degree before, on or after July 1, 1995, the Board shall not commute

19-41 [:

19-42 (a) A sentence of death; or

19-43 (b) A] a sentence of imprisonment in the state prison for life

19-44 without the possibility of parole[,]to a sentence that would allow

19-45 parole.

20-1 2. If a person is convicted of any crime other than murder of

20-2 the first degree on or after July 1, 1995, the Board shall not

20-3 commute[:

20-4 (a) A sentence of death; or

20-5 (b) A] a sentence of imprisonment in the state prison for life

20-6 without the possibility of parole[,]to a sentence that would allow

20-7 parole.

20-8 Sec. 24. NRS 213.10885 is hereby amended to read as

20-9 follows:

20-10 213.10885 1. The Board shall adopt by regulation specific

20-11 standards for each type of convicted person to assist the Board in

20-12 determining whether to grant or revoke parole. The regulations must

20-13 include standards for determining whether to grant or revoke the

20-14 parole of a convicted person:

20-15 (a) Who committed [a capital offense.] murder of the first

20-16 degree.

20-17 (b) Who was sentenced to serve a term of imprisonment for life.

20-18 (c) Who was convicted of a sexual offense involving the use or

20-19 threat of use of force or violence.

20-20 (d) Who was convicted as a habitual criminal.

20-21 (e) Who is a repeat offender.

20-22 (f) Who was convicted of any other type of offense.

20-23 The standards must be based upon objective criteria for determining

20-24 the person’s probability of success on parole.

20-25 2. In establishing the standards, the Board shall consider the

20-26 information on decisions regarding parole that is compiled and

20-27 maintained pursuant to NRS 213.10887 and all other factors which

20-28 are relevant in determining the probability that a convicted person

20-29 will live and remain at liberty without violating the law if parole is

20-30 granted or continued. The other factors the Board considers must

20-31 include, but are not limited to:

20-32 (a) The severity of the crime committed;

20-33 (b) The criminal history of the person;

20-34 (c) Any disciplinary action taken against the person while

20-35 incarcerated;

20-36 (d) Any previous parole violations or failures;

20-37 (e) Any potential threat to society or himself; and

20-38 (f) The length of his incarceration.

20-39 3. The standards adopted by the Board must provide for a

20-40 greater punishment for a convicted person who has a history of

20-41 repetitive criminal conduct or who commits a serious crime, with a

20-42 violent crime considered the most serious, than for a convicted

20-43 person who does not have a history of repetitive crimes and did not

20-44 commit a serious crime.

21-1 4. The Board shall make available to the public a sample of the

21-2 form the Board uses in determining the probability that a convicted

21-3 person will live and remain at liberty without violating the law if

21-4 parole is granted or continued.

21-5 5. On or before January 1 of each even-numbered year, the

21-6 Board shall review comprehensively the standards adopted by

21-7 the Board. The review must include a determination of whether the

21-8 standards are effective in predicting the probability that a convicted

21-9 person will live and remain at liberty without violating the law if

21-10 parole is granted or continued. If a standard is found to be

21-11 ineffective, the Board shall not use that standard in its decisions

21-12 regarding parole and shall adopt revised standards as soon as

21-13 practicable after the review.

21-14 6. The Board shall report to each regular session of the

21-15 Legislature:

21-16 (a) The number and percentage of the Board’s decisions that

21-17 conflicted with the standards;

21-18 (b) The results and conclusions from the Board’s review

21-19 pursuant to subsection 5; and

21-20 (c) Any changes in the Board’s standards, policies, procedures,

21-21 programs or forms that have been or will be made as a result of the

21-22 review.

21-23 Sec. 25. NRS 213.133 is hereby amended to read as follows:

21-24 213.133 1. Except as otherwise provided in subsections 6 and

21-25 7, the Board may delegate its authority to hear, consider and act

21-26 upon the parole of a prisoner and on any issue before the Board to a

21-27 panel consisting of:

21-28 (a) Two or more members of the Board, two of whom constitute

21-29 a quorum; or

21-30 (b) One member of the Board who is assisted by a case hearing

21-31 representative.

21-32 2. No action taken by any panel created pursuant to paragraph

21-33 (a) of subsection 1 is valid unless concurred in by a majority vote of

21-34 those sitting on the panel.

21-35 3. The decision of a panel is subject to final approval by the

21-36 affirmative action of a majority of the members appointed to the

21-37 Board. Such action may be taken at a meeting of the Board, or

21-38 without a meeting by the delivery of written approval to the

21-39 Secretary of the Board.

21-40 4. The degree of complexity of issues presented must be taken

21-41 into account before the Board makes any delegation of its authority

21-42 and before it determines the extent of a delegation.

21-43 5. The Board shall adopt regulations which establish the basic

21-44 types of delegable cases and the size of the panel required for each

21-45 type of case.

22-1 6. A hearing concerning the parole of a prisoner or any

22-2 decision on an issue involving a person:

22-3 (a) Who committed [a capital offense;] murder of the first

22-4 degree;

22-5 (b) Who is serving a sentence of imprisonment for life;

22-6 (c) Who has been convicted of a sexual offense involving the

22-7 use or threat of use of force or violence;

22-8 (d) Who is a habitual criminal; or

22-9 (e) Whose sentence has been commuted by the State Board of

22-10 Pardons Commissioners,

22-11 must be conducted by at least three members of the Board, and

22-12 action may be taken only with the concurrence of at least four

22-13 members.

22-14 7. If a recommendation made by a panel deviates from the

22-15 standards adopted by the Board pursuant to NRS 213.10885 or

22-16 the recommendation of the Division, the Chairman must concur in

22-17 the recommendation.

22-18 Sec. 26. NRS 217.035 is hereby amended to read as follows:

22-19 217.035 “Crime” means:

22-20 1. An act or omission committed within this state which, if

22-21 committed by an adult, is forbidden by law and punishable upon

22-22 conviction by [death,] imprisonment, fine or other penal discipline;

22-23 or

22-24 2. An act of international terrorism as defined in 18 U.S.C. §

22-25 2331(1) against a resident.

22-26 Sec. 27. NRS 353.264 is hereby amended to read as follows:

22-27 353.264 1. The Reserve for Statutory Contingency Account

22-28 is hereby created in the State General Fund.

22-29 2. The State Board of Examiners shall administer the Reserve

22-30 for Statutory Contingency Account. The money in the Account must

22-31 be expended only for:

22-32 (a) The payment of claims which are obligations of the State

22-33 pursuant to NRS 41.03435, 41.0347, [176.485,] 179.310, 212.040,

22-34 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203,

22-35 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

22-36 (b) The payment of claims which are obligations of the State

22-37 pursuant to:

22-38 (1) Chapter 472 of NRS arising from operations of the

22-39 Division of Forestry of the State Department of Conservation and

22-40 Natural Resources directly involving the protection of life and

22-41 property; and

22-42 (2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and

22-43 293B.210,

23-1 except that claims may be approved for the respective purposes

23-2 listed in this paragraph only when the money otherwise appropriated

23-3 for those purposes has been exhausted;

23-4 (c) The payment of claims which are obligations of the State

23-5 pursuant to NRS 41.0349 and 41.037, but only to the extent that the

23-6 money in the Fund for Insurance Premiums is insufficient to pay the

23-7 claims; and

23-8 (d) The payment of claims which are obligations of the State

23-9 pursuant to NRS 535.030 arising from remedial actions taken by the

23-10 State Engineer when the condition of a dam becomes dangerous to

23-11 the safety of life or property.

23-12 3. The State Board of Examiners may authorize its Clerk,

23-13 under such circumstances as it deems appropriate, to approve, on

23-14 behalf of the Board, the payment of claims from the Reserve for

23-15 Statutory Contingency Account. For the purpose of exercising any

23-16 authority granted to the Clerk of the State Board of Examiners

23-17 pursuant to this subsection, any statutory reference to the State

23-18 Board of Examiners relating to such a claim shall be deemed to refer

23-19 to the Clerk of the Board.

23-20 Sec. 28. NRS 412.304 is hereby amended to read as follows:

23-21 412.304 1. In the Nevada National Guard not in federal

23-22 service, there are general, special and summary courts-martial

23-23 constituted like similar courts of the Army and Air Force. They have

23-24 the jurisdiction and powers, except as to punishments, and shall

23-25 follow the forms and procedures provided for those courts.

23-26 2. Courts-martial [shall] must be constituted as follows:

23-27 (a) General courts-martial consisting of:

23-28 (1) A military judge and not less than five members; or

23-29 (2) A military judge alone, if, before the court is assembled,

23-30 the accused, knowing the identity of the military judge, and after

23-31 consultation with defense counsel, requests in writing, a court

23-32 composed only of a military judge, provided the military judge

23-33 approves. [A court composed only of a military judge is not

23-34 available to one accused of an offense punishable by death, except

23-35 when the case has been referred to a trial as a noncapital case.]

23-36 (b) Special courts-martial consisting of:

23-37 (1) A military judge and not less than three members; or

23-38 (2) A military judge alone, if the accused, under the same

23-39 conditions as those prescribed in subparagraph (2) of paragraph (a) ,

23-40 [of this subsection,] so requests.

23-41 (c) Summary courts-martial, consisting of one commissioned

23-42 officer.

23-43 Sec. 29. NRS 453.333 is hereby amended to read as follows:

23-44 453.333 If the death of a person is proximately caused by a

23-45 controlled substance which was sold, given, traded or otherwise

24-1 made available to him by another person in violation of this chapter,

24-2 the person who sold, gave or traded or otherwise made the substance

24-3 available to him is guilty of murder. If convicted of murder in the

24-4 second degree, he is guilty of a category A felony and shall be

24-5 punished as provided in subsection 5 of NRS 200.030. If convicted

24-6 of murder in the first degree, he is guilty of a category A felony and

24-7 shall be punished as provided in subsection 4 of NRS 200.030 . [,

24-8 except that the punishment of death may be imposed only if the

24-9 requirements of paragraph (a) of subsection 4 of that section have

24-10 been met and if the defendant is or has previously been convicted of

24-11 violating NRS 453.3385, 453.339 or 453.3395 or a law of any other

24-12 jurisdiction which prohibits the same conduct.]

24-13 Sec. 30. NRS 453.377 is hereby amended to read as follows:

24-14 453.377 A controlled substance may be dispensed by:

24-15 1. A registered pharmacist upon a legal prescription from a

24-16 practitioner or to a pharmacy in a correctional institution upon the

24-17 written order of the prescribing practitioner in charge.

24-18 2. A pharmacy in a correctional institution, in case of

24-19 emergency, upon a written order signed by the chief medical officer.

24-20 3. A practitioner.

24-21 4. A registered nurse, when the state, county, city or district

24-22 health officer has declared a state of emergency.

24-23 5. A medical intern in the course of his internship.

24-24 6. [A pharmacy in an institution of the Department of

24-25 Corrections to a person designated by the Director of the

24-26 Department of Corrections to administer a lethal injection to a

24-27 person who has been sentenced to death.

24-28 7.] A registered pharmacist from an institutional pharmacy,

24-29 pursuant to regulations adopted by the Board.

24-30 Sec. 31. NRS 454.221 is hereby amended to read as follows:

24-31 454.221 1. A person who furnishes any dangerous drug

24-32 except upon the prescription of a practitioner is guilty of a category

24-33 D felony and shall be punished as provided in NRS 193.130, unless

24-34 the dangerous drug was obtained originally by a legal prescription.

24-35 2. The provisions of this section do not apply to the furnishing

24-36 of any dangerous drug by:

24-37 (a) A practitioner to his patients;

24-38 (b) A physician assistant if authorized by the Board;

24-39 (c) A registered nurse while participating in a public health

24-40 program approved by the Board, or an advanced practitioner of

24-41 nursing who holds a certificate from the State Board of Nursing and

24-42 a certificate from the State Board of Pharmacy permitting him to

24-43 dispense dangerous drugs;

24-44 (d) A manufacturer or wholesaler or pharmacy to each other or

24-45 to a practitioner or to a laboratory under records of sales and

25-1 purchases that correctly give the date, the names and addresses of

25-2 the supplier and the buyer, the drug and its quantity; or

25-3 (e) A hospital pharmacy or a pharmacy so designated by a

25-4 county health officer in a county whose population is 100,000 or

25-5 more, or by a district health officer in any county within its

25-6 jurisdiction or, in the absence of either, by the State Health Officer

25-7 or his designated Medical Director of Emergency Medical Services,

25-8 to a person or agency described in subsection 3 of NRS 639.268 to

25-9 stock ambulances or other authorized vehicles or replenish the stock

25-10 . [; or

25-11 (f) A pharmacy in a correctional institution to a person

25-12 designated by the Director of the Department of Corrections to

25-13 administer a lethal injection to a person who has been sentenced to

25-14 death.]

25-15 Sec. 32. NRS 34.820, 171.194, 175.554, 175.558, 175.562,

25-16 176.025, 176.345, 176.355, 176.357, 176.365, 176.415, 176.425,

25-17 176.435, 176.445, 176.455, 176.465, 176.475, 176.485, 176.486,

25-18 176.487, 176.488, 176.489, 176.491, 176.492, 176.495, 176.505,

25-19 177.055, 177.095, 177.267, 200.033, 200.035, 213.080 and 353.094

25-20 are hereby repealed.

25-21 Sec. 33. 1. This act becomes effective upon passage and

25-22 approval and applies retroactively to a sentence of death that has not

25-23 yet been executed on the effective date of this act.

25-24 2. The sentence of death of any person to whom this act applies

25-25 retroactively shall be deemed to be reduced to a sentence of life

25-26 without the possibility of parole on the effective date of this act.

25-27 3. The Director of the Department of Corrections shall take all

25-28 actions necessary to carry out the provisions of this section.

25-29 LEADLINES OF REPEALED SECTIONS

25-30 34.820 Procedure in cases where petitioner has been

25-31 sentenced to death.

25-32 171.194 Procedure when arrest for capital offense.

25-33 175.554 When death penalty sought: Instructions to jury;

25-34 determinations; findings and verdict.

25-35 175.558 Procedure when person is convicted upon plea of

25-36 guilty or guilty but mentally ill or upon trial without jury and

25-37 death penalty is sought.

25-38 175.562 Procedure when panel of judges unable to obtain

25-39 concurrence of majority for sentence less than death.

26-1 176.025 Death sentence not to be imposed on person under

26-2 age of 16 years convicted of crime.

26-3 176.345 Proceedings when conviction carries death penalty.

26-4 176.355 Execution of death penalty: Method; time and

26-5 place; witnesses.

26-6 176.357 Request for notification of execution of death

26-7 penalty; request to attend.

26-8 176.365 Director of Department of Corrections to make

26-9 return on death warrant.

26-10 176.415 When execution of death penalty may be stayed.

26-11 176.425 Sanity investigation: Filing of petition; stay of

26-12 execution.

26-13 176.435 Sanity investigation: Conduct of hearing.

26-14 176.445 Execution of judgment when defendant found sane.

26-15 176.455 Suspension of execution when defendant found

26-16 insane; proceedings on recovery of sanity.

26-17 176.465 Investigation of pregnancy: Procedure; hearing.

26-18 176.475 Proceedings after investigation: Execution of

26-19 judgment; suspension of execution; issuance of warrant on

26-20 termination of pregnancy.

26-21 176.485 Costs of investigations borne by State; manner of

26-22 payment.

26-23 176.486 Authority to enter stay of execution.

26-24 176.487 Determination of whether to enter stay of

26-25 execution.

26-26 176.488 Entry of stay of execution and necessary orders.

26-27 176.489 Vacation of stay of execution.

26-28 176.491 Stay of execution following denial of appeal.

26-29 176.492 Dissolution of stay of execution which was

26-30 improperly entered.

26-31 176.495 New warrant generally.

26-32 176.505 Order following appeal.

26-33 177.055 Automatic appeal in certain cases; mandatory

26-34 review of death sentence by Supreme Court.

26-35 177.095 Stay of execution upon sentence of death.

26-36 177.267 Time within which Supreme Court shall render

26-37 opinion on appeal from judgment of death.

26-38 200.033 Circumstances aggravating first degree murder.

26-39 200.035 Circumstances mitigating first degree murder.

26-40 213.080 Procedure when death penalty is commuted.

26-41 353.094 Counties’ Trial Assistance Account: Claims by

26-42 counties.

26-43 H