Assembly Bill No. 95–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provision pertaining to authority and discretion of court to suspend sentence and grant probation in certain cases. (BDR 14‑284)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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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 sentencing; making various changes to the provision pertaining to the authority and discretion of the court to suspend a sentence and grant probation in certain cases; 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 176A.100 is hereby amended to read as

1-2  follows:

1-3  176A.100  1.  Except as otherwise provided in this section and

1-4  NRS 176A.110 and 176A.120, if a person is found guilty in a

1-5  district court upon verdict or plea of:

1-6  (a) Murder of the first or second degree, kidnapping in the first

1-7  degree, sexual assault, attempted sexual assault of a child who is

1-8  less than 16 years of age, an offense for which the suspension of

1-9  sentence or the granting of probation is expressly forbidden, or if the

1-10  person is found to be a habitual criminal pursuant to NRS 207.010, a

1-11  habitually fraudulent felon pursuant to NRS 207.014 or a habitual

1-12  felon pursuant to NRS 207.012, the court shall not suspend the

1-13  execution of the sentence imposed or grant probation to the person.

2-1  (b) A category E felony, except as otherwise provided in this

2-2  paragraph, the court shall suspend the execution of the sentence

2-3  imposed and grant probation to the person. The court may, as it

2-4  deems advisable, decide not to suspend the execution of the

2-5  sentence imposed and grant probation to the person if, at the time

2-6  [the crime was committed,] of sentencing, it is established that the

2-7  person:

2-8       (1) Was serving a term of probation[,] at the time the crime

2-9  was committed, whether in this state or elsewhere, for a felony

2-10  conviction;

2-11          (2) Had previously had his probation revoked, whether in

2-12  this state or elsewhere, for a felony conviction; [or]

2-13          (3) Had previously been assigned to a program of treatment

2-14  and rehabilitation pursuant to NRS 453.580 and failed to

2-15  successfully complete that program; or

2-16          (4) Had previously been two times convicted, whether in this

2-17  state or elsewhere, of a crime that under the laws of the situs of the

2-18  crime or of this state would amount to a felony.

2-19  If the person denies the existence of a previous conviction, the court

2-20  shall determine the issue of the previous conviction after hearing all

2-21  relevant evidence presented on the issue by the prosecution and the

2-22  person. At such a hearing, the person may not challenge the validity

2-23  of a previous conviction. For the purposes of this paragraph, a

2-24  certified copy of a felony conviction is prima facie evidence of

2-25  conviction of a prior felony.

2-26      (c) Another felony, a gross misdemeanor or a misdemeanor, the

2-27  court may suspend the execution of the sentence imposed and grant

2-28  probation as the court deems advisable.

2-29      2.  In determining whether to grant probation to a person, the

2-30  court shall not consider whether the person has the financial ability

2-31  to participate in a program of probation secured by a surety bond

2-32  established pursuant to NRS 176A.300 to 176A.370, inclusive.

2-33      3.  The court shall consider the standards adopted pursuant to

2-34  NRS 213.10988 and the recommendation of the chief parole and

2-35  probation officer, if any, in determining whether to grant probation

2-36  to a person.

2-37      4.  If the court determines that a person is otherwise eligible for

2-38  probation but requires more supervision than would normally be

2-39  provided to a person granted probation, the court may, in lieu of

2-40  sentencing him to a term of imprisonment, grant him probation

2-41  pursuant to the program of intensive supervision established

2-42  pursuant to NRS 176A.440.

2-43      5.  Except as otherwise provided in this subsection, if a person

2-44  is convicted of a felony and the division is required to make a

2-45  presentence investigation and report to the court pursuant to NRS

3-1  176.135, the court shall not grant probation to the person until the

3-2  court receives the report of the presentence investigation from the

3-3  chief parole and probation officer. The chief parole and probation

3-4  officer shall submit the report of the presentence investigation to the

3-5  court not later than 45 days after receiving a request for a

3-6  presentence investigation from the county clerk. If the report of the

3-7  presentence investigation is not submitted by the chief parole and

3-8  probation officer within 45 days, the court may grant probation

3-9  without the report.

3-10      6.  If the court determines that a person is otherwise eligible for

3-11  probation, the court shall, when determining the conditions of that

3-12  probation, consider the imposition of such conditions as would

3-13  facilitate timely payments by the person of his obligation, if any, for

3-14  the support of a child and the payment of any such obligation which

3-15  is in arrears.

 

3-16  H