Assembly Bill No. 95–Committee on Judiciary

 

CHAPTER..........

 

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:

 

    Section 1. NRS 176A.100 is hereby amended to read as

follows:

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

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

district court upon verdict or plea of:

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

degree, sexual assault, attempted sexual assault of a child who is

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

sentence or the granting of probation is expressly forbidden, or if the

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

habitually fraudulent felon pursuant to NRS 207.014 or a habitual

felon pursuant to NRS 207.012, the court shall not suspend the

execution of the sentence imposed or grant probation to the person.

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

paragraph, the court shall suspend the execution of the sentence

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

deems advisable, decide not to suspend the execution of the

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

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

person:

        (1) Was serving a term of probation[,] or was on parole at

the time the crime was committed, whether in this state or

elsewhere, for a felony conviction;

        (2) Had previously had his probation or parole revoked,

whether in this state or elsewhere, for a felony conviction; [or]

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

and rehabilitation pursuant to NRS 453.580 and failed to

successfully complete that program; or

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

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

crime or of this state would amount to a felony.

If the person denies the existence of a previous conviction, the court

shall determine the issue of the previous conviction after hearing all

relevant evidence presented on the issue by the prosecution and the

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

of a previous conviction. For the purposes of this paragraph, a

certified copy of a felony conviction is prima facie evidence of

conviction of a prior felony.

    (c) Another felony, a gross misdemeanor or a misdemeanor, the

court may suspend the execution of the sentence imposed and grant

probation as the court deems advisable.

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

court shall not consider whether the person has the financial ability

to participate in a program of probation secured by a surety bond

established pursuant to NRS 176A.300 to 176A.370, inclusive.

    3.  The court shall consider the standards adopted pursuant to

NRS 213.10988 and the recommendation of the chief parole and

probation officer, if any, in determining whether to grant probation

to a person.

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

probation but requires more supervision than would normally be

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

sentencing him to a term of imprisonment, grant him probation

pursuant to the program of intensive supervision established

pursuant to NRS 176A.440.

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

is convicted of a felony and the division is required to make a

presentence investigation and report to the court pursuant to NRS

176.135, the court shall not grant probation to the person until the

court receives the report of the presentence investigation from the

chief parole and probation officer. The chief parole and probation

officer shall submit the report of the presentence investigation to the

court not later than 45 days after receiving a request for a

presentence investigation from the county clerk. If the report of the

presentence investigation is not submitted by the chief parole and

probation officer within 45 days, the court may grant probation

without the report.

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

probation, the court shall, when determining the conditions of that

probation, consider the imposition of such conditions as would

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

the support of a child and the payment of any such obligation which

is in arrears.

 

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