Assembly Bill No. 118–Assemblymen Giunchigliani, Leslie, Anderson, Oceguera, Ohrenschall, Arberry, Atkinson, Buckley, Claborn, Collins, Conklin, Geddes, Goldwater, Horne, McClain, Pierce and Williams

 

February 13, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions regarding when sentence of death may be imposed. (BDR 14‑856)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to capital punishment; prohibiting the imposition of a sentence of death upon a person for the commission of a crime committed while the person was under the age of 18 years; 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 176.025 is hereby amended to read as follows:

1-2  176.025  A death sentence [shall] must not be imposed or

1-3  inflicted upon any person convicted of a crime now punishable by

1-4  death who at the time of the commission of such a crime was under

1-5  the age of [16] 18 years. As to such person, the maximum

1-6  punishment that may be imposed [shall be] is life imprisonment.

1-7  Sec. 2.  1.  This act becomes effective upon passage and

1-8  approval and applies retroactively to a sentence of death that:

1-9  (a) Has not yet been executed on the effective date of this act;

1-10  and

1-11      (b) Is imposed upon a person for committing a crime when the

1-12  person was under the age of 18 years.

2-1  2.  The sentence of death of any person to whom this act applies

2-2  retroactively shall be deemed to be commuted to a sentence of life

2-3  without the possibility of parole on the effective date of this act. The

2-4  Director of the Department of Corrections shall take all actions

2-5  necessary to carry out the provisions of this section.

 

2-6  H