Nevada 2023 Regular Session

Nevada Senate Bill SB103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	- 82nd Session (2023)
	3	+	S.B. 103
	4	+
	5	+	- SB103
	6	+
4	7		SENATE BILL NO. 103–COMMITTEE ON JUDICIARY
5	8
6		-	CHAPTER..........
	9	+	(ON BEHALF OF THE JOINT INTERIM STANDING
	10	+	COMMITTEE ON JUDICIARY)
	11	+
	12	+	PREFILED FEBRUARY 2, 2023
	13	+	____________
	14	+
	15	+	Referred to Committee on Judiciary
	16	+
	17	+	SUMMARY—Revises provisions governing the Nevada Sentencing
	18	+	Commission within the Department of Sentencing
	19	+	Policy. (BDR 14-308)
	20	+
	21	+	FISCAL NOTE: Effect on Local Government: No.
	22	+	Effect on the State: Yes.
	23	+
	24	+	~
	25	+
	26	+	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
	27	+
7	28
8	29		AN ACT relating to criminal justice; revising the membership,
9	30		powers and duties of the Nevada Sentencing Commission;
10		-	~~establishing~~ the ~~Subcommittee on Misdemeanors of the~~
11		-	~~Sentencing Commission;~~ ~~prescribing~~ the ~~membership,~~
12		-	~~powers and duties of the Subcommittee~~; and providing other
	31	+	requiring the Sentencing Commission to conduct an
	32	+	interim study concerning the sentences imposed for
	33	+	misdemeanor offenses in this State; and providing other
13	34		matters properly relating thereto.
14	35		Legislative Counsel’s Digest:
15		-	Existing law creates the Nevada Sentencing Commission within the
16		-	Department of Sentencing Policy, prescribes the membership of the Sentencing
17		-	Commission and sets forth various powers and duties of the Sentencing
18		-	Commission. (NRS 176.0133, 176.0134) Section 2 of this bill revises the
19		-	membership of the Sentencing Commission to remove a member appointed by the
20		-	Governor and add: (1) a member who is an attorney and whose practice primarily
21		-	consists of representing criminal defendants in a county whose population is less
22		-	than 55,000 (currently counties other than Clark and Washoe Counties and Carson
23		-	City); (2) a member who is a district attorney; (3) a member who is a representative
24		-	of the Central Repository for Nevada Records of Criminal History; and (4) a
25		-	member who is a faculty member of the Nevada System of Higher Education who
26		-	teaches criminal justice. Section 2 also: (1) prescribes certain additional
27		-	requirements relating to members of the Sentencing Commission who are district
28		-	attorneys; and (2) authorizes the Sentencing Commission to establish working
29		-	groups, task forces and similar entities to assist in its work.
30		-	Section 3 of this bill removes certain specific requirements relating to
31		-	recommendations of the Sentencing Commission. Section 3 also removes
32		-	requirements that the Sentencing Commission: (1) provide certain training
33		-	regarding sentencing; (2) act as a sentencing policy resource for this State; and (3)
34		-	propose and recommend statutory sentencing guidelines. Section 1.9 of this bill
35		-	makes a conforming change relating to the duties of the Sentencing Commission.
36		-	Section 1.5 of this bill creates the Subcommittee on Misdemeanors of the
37		-	Sentencing Commission and sets forth its membership and duties. Section 1.7 of
38		-	this bill authorizes the Chair of the Subcommittee to appoint working groups to aid
39		-	in the work of the Subcommittee. Section 1.7 provides that all information and
40		-	materials received or prepared by a working group are confidential. Section 4.5 of
41		-	this bill makes a conforming change relating to the information and materials made
42		-	confidential pursuant to section 1.7. Section 1.3 of this bill defines the term
43		-	“subcommittee” for purposes of the provisions of sections 1.5 and 1.7. Section 1.8
44		-	of this bill makes a conforming change to indicate the proper placement of sections
45		-	1.3-1.7 in the Nevada Revised Statutes.
	36	+	Existing law creates the Nevada Sentencing Commission within the 1
	37	+	Department of Sentencing Policy, prescribes the membership of the Sentencing 2
	38	+	Commission and sets forth various powers and duties of the Sentencing 3
	39	+	Commission. (NRS 176.0133, 176.0134) Section 2 of this bill revises the 4
	40	+	membership of the Sentencing Commission to remove a member appointed by the 5
	41	+	Governor and add: (1) a member who is the Chief of Staff to the Governor or his or 6
	42	+	her designee; (2) a member who is a district attorney; (3) a member who is a 7
	43	+	representative of the Central Repository for Nevada Records of Criminal History; 8
	44	+	(4) a member who has expertise in certain sentencing policies and practices; and (5) 9
	45	+	a member who is a faculty member in the Nevada System of Higher Education. 10
	46	+	Section 2 also: (1) prescribes certain additional requirements relating to members 11
	47	+	of the Sentencing Commission who are district attorneys; and (2) authorizes the 12
	48	+	Sentencing Commission to establish working groups, task forces and similar 13
	49	+	entities to assist in its work. 14
	50	+	Section 3 of this bill removes certain specific requirements relating to 15
	51	+	recommendations of the Sentencing Commission. Section 3 also removes 16
	52	+	requirements that the Sentencing Commission: (1) provide certain training 17
	53	+	regarding sentencing; (2) act as a sentencing policy resource for this State; and (3) 18
	54	+	– 2 –
	55	+
	56	+
	57	+	- SB103
	58	+	propose and recommend statutory sentencing guidelines. Section 1 of this bill 19
	59	+	makes a conforming change relating to the duties of the Sentencing Commission. 20
	60	+	Section 4 of this bill requires the Sentencing Commission to conduct an interim 21
	61	+	study concerning the sentences imposed for misdemeanor offenses in this State. 22
	62	+	Section 4 requires that such a study include an evaluation of: (1) the offenses 23
	63	+	punishable as misdemeanors in this State; (2) the laws governing misdemeanor 24
	64	+	offenses in other states and territories of the United States; and (3) any other data 25
	65	+	the Sentencing Commission determines is relevant to the study. Section 4 requires 26
	66	+	the Sentencing Commission to submit a report of the results of the study and any 27
	67	+	recommendations for legislation to the Joint Interim Standing Committee on the 28
	68	+	Judiciary and the Director of the Legislative Counsel Bureau for transmittal to the 29
	69	+	83rd Session of the Nevada Legislature. 30
	70	+
	71	+
	72	+	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
	73	+	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
	74	+
	75	+	Section 1. NRS 176.01327 is hereby amended to read as 1
	76	+	follows: 2
	77	+	176.01327 The Executive Director appointed pursuant to NRS 3
	78	+	176.01323 shall: 4
	79	+	1. Oversee all of the functions of the Department. 5
	80	+	2. Serve as Executive Secretary of the Sentencing Commission 6
	81	+	without additional compensation. 7
	82	+	3. Report to the Sentencing Commission on sentencing and 8
	83	+	related issues regarding the functions of the Department and provide 9
	84	+	such information to the Sentencing Commission as requested. 10
	85	+	4. Assist the Sentencing Commission in determining necessary 11
	86	+	and appropriate recommendations to assist in carrying out the 12
	87	+	responsibilities of the Department. 13
	88	+	5. Establish the budget for the Department. 14
	89	+	6. Facilitate the collection and aggregation of data from the 15
	90	+	courts, Department of Corrections, Division of Parole and Probation 16
	91	+	of the Department of Public Safety and any other agency of criminal 17
	92	+	justice. 18
	93	+	7. Identify variables or sets of data concerning criminal justice 19
	94	+	that are not currently collected or shared across agencies of criminal 20
	95	+	justice within this State. 21
	96	+	8. Assist in preparing and submitting the comprehensive report 22
	97	+	required to be prepared by the Sentencing Commission pursuant to 23
	98	+	subsection [11] 5 of NRS 176.0134. 24
	99	+	9. Assist the Sentencing Commission in carrying out its duties 25
	100	+	pursuant to subsections 2 and 3 of NRS 176.01347 relating to the 26
	101	+	calculation of the costs avoided by this State for the immediately 27
	102	+	preceding fiscal year because of the enactment of chapter 633, 28
	103	+	Statutes of Nevada 2019, and in preparing a report containing the 29
	104	+	– 3 –
	105	+
	106	+
	107	+	- SB103
	108	+	projected amount of such costs for the next biennium and 1
	109	+	recommendations for the reinvestment of the amount of the costs. 2
	110	+	10. Take any other actions necessary to carry out the powers 3
	111	+	and duties of the Sentencing Commission pursuant to NRS 4
	112	+	176.0131 to 176.014, inclusive. 5
	113	+	Sec. 2. NRS 176.0133 is hereby amended to read as follows: 6
	114	+	176.0133 1. The Nevada Sentencing Commission is hereby 7
	115	+	created within the Department. The Sentencing Commission 8
	116	+	consists of: 9
	117	+	(a) One member [appointed by] who is the Chief of Staff to the 10
	118	+	Governor [;] or his or her designee; 11
	119	+	(b) One member who is a justice of the Supreme Court of 12
	120	+	Nevada or a retired justice of the Supreme Court of Nevada, 13
	121	+	appointed by the Chief Justice of the Supreme Court of Nevada; 14
	122	+	(c) Two members who are judges appointed by the Chief Justice 15
	123	+	of the Supreme Court of Nevada; 16
	124	+	(d) One member who is a representative of the Administrative 17
	125	+	Office of the Courts appointed by the Chief Justice of the Supreme 18
	126	+	Court of Nevada; 19
	127	+	(e) The Director of the Department of Corrections; 20
	128	+	(f) One member who is a representative of the Office of the 21
	129	+	Attorney General, appointed by the Attorney General; 22
	130	+	(g) [One member who is a district attorney,] Two members 23
	131	+	appointed by the governing body of the Nevada District Attorneys 24
	132	+	Association [;] , one of whom must be a district attorney in a 25
	133	+	county whose population is 100,000 or more and one of whom 26
	134	+	must be a district attorney in a county whose population is less 27
	135	+	than 100,000; 28
	136	+	(h) One member who is a representative of the Office of the 29
	137	+	Clark County Public Defender, appointed by the head of the Office 30
	138	+	of the Clark County Public Defender; 31
	139	+	(i) One member who is a representative of the Office of the 32
	140	+	Washoe County Public Defender, appointed by the head of the 33
	141	+	Office of the Washoe County Public Defender; 34
	142	+	(j) One member who is an attorney in private practice, 35
	143	+	experienced in defending criminal actions, appointed by the 36
	144	+	governing body of the State Bar of Nevada; 37
	145	+	(k) One member who has been a victim of a crime or is a 38
	146	+	representative of an organization supporting the rights of victims of 39
	147	+	crime, appointed by the Governor; 40
	148	+	(l) One member who is a member of the State Board of Parole 41
	149	+	Commissioners, appointed by the State Board of Parole 42
	150	+	Commissioners; 43
	151	+	– 4 –
	152	+
	153	+
	154	+	- SB103
	155	+	(m) One member who is a representative of the Division of 1
	156	+	Parole and Probation of the Department of Public Safety, appointed 2
	157	+	by the Governor; 3
	158	+	(n) One member who is a representative of the Nevada Sheriffs’ 4
	159	+	and Chiefs’ Association, appointed by the Nevada Sheriffs’ and 5
	160	+	Chiefs’ Association; 6
	161	+	(o) One member who is a representative of the Las Vegas 7
	162	+	Metropolitan Police Department, appointed by the Sheriff of Clark 8
	163	+	County; 9
	164	+	(p) One member who is a representative of the Division of 10
	165	+	Public and Behavioral Health of the Department of Health and 11
	166	+	Human Services; 12
	167	+	(q) One member who is a representative of an organization that 13
	168	+	advocates on behalf of inmates, appointed by the Governor; 14
	169	+	(r) Two members who are Senators, one of whom is appointed 15
	170	+	by the Majority Leader of the Senate and one of whom is appointed 16
	171	+	by the Minority Leader of the Senate; 17
	172	+	(s) Two members who are members of the Assembly, one of 18
	173	+	whom is appointed by the Speaker of the Assembly and one of 19
	174	+	whom is appointed by the Minority Leader of the Assembly; 20
	175	+	(t) The Director of the Department of Employment, Training 21
	176	+	and Rehabilitation; [and] 22
	177	+	(u) One member who is a representative of an organization that 23
	178	+	works with offenders upon release from incarceration to assist in 24
	179	+	reentry into the community appointed by the Chair of the 25
	180	+	Legislative Commission [.] ; 26
	181	+	(v) One member who is a representative of the Central 27
	182	+	Repository for Nevada Records of Criminal History, appointed by 28
	183	+	the Director of the Department of Public Safety; 29
	184	+	(w) One member appointed by the Chair of the Legislative 30
	185	+	Commission who has expertise in: 31
	186	+	(1) The policies and practices regarding misdemeanor 32
	187	+	sentencing which are employed in this State and other states; and 33
	188	+	(2) Administrative assessments, fines and fees imposed 34
	189	+	upon persons involved in the criminal justice system in this State 35
	190	+	and other states; and 36
	191	+	(x) One member who is a faculty member of the University of 37
	192	+	Nevada, Las Vegas, or the University of Nevada, Reno, appointed 38
	193	+	by the Governor. 39
	194	+	2. The Executive Director shall serve as the Executive 40
	195	+	Secretary of the Sentencing Commission. 41
	196	+	3. If any organization listed in subsection 1 ceases to exist, the 42
	197	+	appointment required pursuant to that subsection must be made by 43
	198	+	the association’s successor in interest, or, if there is no successor in 44
	199	+	interest, by the Governor. 45
	200	+	– 5 –
	201	+
	202	+
	203	+	- SB103
	204	+	4. Each appointed member serves a term of 2 years. Members 1
	205	+	may be reappointed for additional terms of 2 years in the same 2
	206	+	manner as the original appointments. Any vacancy occurring in the 3
	207	+	membership of the Sentencing Commission must be filled in the 4
	208	+	same manner as the original appointment not later than 30 days after 5
	209	+	the vacancy occurs. 6
	210	+	5. The Legislators who are members of the Sentencing 7
	211	+	Commission are entitled to receive the salary provided for a 8
	212	+	majority of the members of the Legislature during the first 60 days 9
	213	+	of the preceding session for each day’s attendance at a meeting of 10
	214	+	the Sentencing Commission. 11
	215	+	6. At the first regular meeting of each odd-numbered year, the 12
	216	+	members of the Sentencing Commission shall elect a Chair by 13
	217	+	majority vote who shall serve until the next Chair is elected. 14
	218	+	7. The Sentencing Commission shall: 15
	219	+	(a) Hold its first meeting on or before September 1 of each odd-16
	220	+	numbered year; and 17
	221	+	(b) Meet at least once every 3 months and may meet at such 18
	222	+	further times as deemed necessary by the Chair. 19
	223	+	8. A member of the Sentencing Commission may designate a 20
	224	+	nonvoting alternate to attend a meeting in his or her place. 21
	225	+	9. A majority of the members of the Sentencing Commission 22
	226	+	constitutes a quorum for the transaction of business, and a majority 23
	227	+	of those members present at any meeting is sufficient for any 24
	228	+	official action taken by the Sentencing Commission. A nonvoting 25
	229	+	alternate designated by a member pursuant to subsection 8 who 26
	230	+	attends a meeting of the Sentencing Commission for which the 27
	231	+	alternate is designated shall be deemed to be a member of the 28
	232	+	Sentencing Commission for the purpose of determining whether a 29
	233	+	quorum exists. 30
	234	+	10. While engaged in the business of the Sentencing 31
	235	+	Commission, to the extent of legislative appropriation, each member 32
	236	+	of the Sentencing Commission is entitled to receive the per diem 33
	237	+	allowance and travel expenses provided for state officers and 34
	238	+	employees generally. 35
	239	+	11. The Sentencing Commission may establish such working 36
	240	+	groups, task forces and similar entities from within or outside its 37
	241	+	membership as necessary to address specific issues or otherwise to 38
	242	+	assist in its work. 39
	243	+	Sec. 3. NRS 176.0134 is hereby amended to read as follows: 40
	244	+	176.0134 The Sentencing Commission shall: 41
	245	+	1. [Advise the Legislature on proposed legislation and make 42
	246	+	recommendations with respect to all matters relating to the elements 43
	247	+	of this State’s system of criminal justice which affect the sentences 44
	248	+	imposed for felonies and gross misdemeanors. 45
	249	+	– 6 –
	250	+
	251	+
	252	+	- SB103
	253	+	2.] Evaluate and study the effectiveness and fiscal impact of 1
	254	+	various policies and practices regarding sentencing which are 2
	255	+	employed in this State and other states, including, without 3
	256	+	limitation, the use of plea bargaining, probation, programs of 4
	257	+	enhanced supervision, programs of regimental discipline, 5
	258	+	imprisonment, sentencing recommendations, mandatory and 6
	259	+	minimum sentencing, mandatory sentencing for crimes involving 7
	260	+	the possession, manufacture and distribution of controlled 8
	261	+	substances, enhanced penalties for habitual criminals, parole, credits 9
	262	+	against sentences, residential confinement and alternatives to 10
	263	+	incarceration. 11
	264	+	[3.] 2. Recommend changes in the structure of sentencing in 12
	265	+	this State which [, to] : 13
	266	+	(a) Are consistent with the public policy set forth in NRS 14
	267	+	176.0131; and 15
	268	+	(b) To the extent practicable and with consideration for their 16
	269	+	fiscal impact, incorporate general objectives and goals for 17
	270	+	sentencing . [, including, without limitation, the following: 18
	271	+	(a) Offenders must receive sentences that increase in direct 19
	272	+	proportion to the severity of their crimes and their histories of 20
	273	+	criminality. 21
	274	+	(b) Offenders who have extensive histories of criminality or 22
	275	+	who have exhibited a propensity to commit crimes of a predatory or 23
	276	+	violent nature must receive sentences which reflect the need to 24
	277	+	ensure the safety and protection of the public and which allow for 25
	278	+	the imprisonment for life of such offenders. 26
	279	+	(c) Offenders who have committed offenses that do not include 27
	280	+	acts of violence and who have limited histories of criminality must 28
	281	+	receive sentences which reflect the need to conserve scarce 29
	282	+	economic resources through the use of various alternatives to 30
	283	+	traditional forms of incarceration. 31
	284	+	(d) Offenders with similar histories of criminality who are 32
	285	+	convicted of similar crimes must receive sentences that are generally 33
	286	+	similar. 34
	287	+	(e) Offenders sentenced to imprisonment must receive sentences 35
	288	+	which do not confuse or mislead the public as to the actual time 36
	289	+	those offenders must serve while incarcerated or before being 37
	290	+	released from confinement or supervision. 38
	291	+	(f) Offenders must not receive disparate sentences based upon 39
	292	+	factors such as race, gender or economic status. 40
	293	+	(g) Offenders must receive sentences which are based upon the 41
	294	+	specific circumstances and facts of their offenses, including the 42
	295	+	nature of the offense and any aggravating factors, the savagery of 43
	296	+	the offense, as evidenced by the extent of any injury to the victim, 44
	297	+	– 7 –
	298	+
	299	+
	300	+	- SB103
	301	+	and the degree of criminal sophistication demonstrated by the 1
	302	+	offender’s acts before, during and after commission of the offense. 2
	303	+	4.] 3. Facilitate the development and maintenance of a 3
	304	+	statewide sentencing database in collaboration with state and local 4
	305	+	agencies, using existing databases or resources where appropriate. 5
	306	+	[5. Provide training regarding sentencing and related issues, 6
	307	+	policies and practices, and act as a sentencing policy resource for 7
	308	+	this State. 8
	309	+	6. Evaluate the impact of pretrial, sentencing diversion, 9
	310	+	incarceration and postrelease supervision programs. 10
	311	+	7. Identify potential areas of sentencing disparity related to 11
	312	+	race, gender and economic status. 12
	313	+	8. Propose and recommend statutory sentencing guidelines, 13
	314	+	based on reasonable offense and offender characteristics which aim 14
	315	+	to preserve judicial discretion and provide for individualized 15
	316	+	sentencing, for the use of the district courts. If such guidelines are 16
	317	+	enacted by the Legislature, the Sentencing Commission shall review 17
	318	+	and propose any recommended changes. 18
	319	+	9. Evaluate whether sentencing guidelines recommended 19
	320	+	pursuant to subsection 8 should be mandatory and if judicial 20
	321	+	findings should be required for any departures from the sentencing 21
	322	+	guidelines. 22
	323	+	10.] 4. Provide recommendations and advice to the Executive 23
	324	+	Director concerning the administration of the Department, 24
	325	+	including, without limitation: 25
	326	+	(a) Receiving reports from the Executive Director and providing 26
	327	+	advice to the Executive Director concerning measures to be taken by 27
	328	+	the Department to ensure compliance with the duties of the 28
	329	+	Sentencing Commission. 29
	330	+	(b) Reviewing information from the Department regarding 30
	331	+	sentencing of offenders in this State. 31
	332	+	(c) Requesting any audit, investigation or review the Sentencing 32
	333	+	Commission deems necessary to carry out the duties of the 33
	334	+	Sentencing Commission. 34
	335	+	(d) Coordinating with the Executive Director regarding the 35
	336	+	procedures for the identification and collection of data concerning 36
	337	+	the sentencing of offenders in this State. 37
	338	+	(e) Advising the Executive Director concerning any required 38
	339	+	reports and reviewing drafts of such reports. 39
	340	+	(f) Making recommendations to the Executive Director 40
	341	+	concerning the budget for the Department, improvements to the 41
	342	+	criminal justice system and legislation related to the duties of the 42
	343	+	Sentencing Commission. 43
	344	+	(g) Providing advice and recommendations to the Executive 44
	345	+	Director on any other matter. 45
	346	+	– 8 –
	347	+
	348	+
	349	+	- SB103
	350	+	[11.] 5. For each regular session of the Legislature, with the 1
	351	+	assistance of the Department, prepare a comprehensive report 2
	352	+	including the Sentencing Commission’s: 3
	353	+	(a) Recommended changes pertaining to sentencing; 4
	354	+	(b) Findings; 5
	355	+	(c) Recommendations for proposed legislation; 6
	356	+	(d) Identification of outcomes resulting from the enactment of 7
	357	+	chapter 633, Statutes of Nevada 2019, that were tracked and 8
	358	+	assessed as required pursuant to paragraphs (a), (b) and (c) of 9
	359	+	subsection 1 of NRS 176.01343; 10
	360	+	(e) Identification of trends observed after the enactment of 11
	361	+	chapter 633, Statutes of Nevada 2019, that were tracked and 12
	362	+	assessed as required pursuant to paragraph (d) of subsection 1 of 13
	363	+	NRS 176.01343; 14
	364	+	(f) Identification of gaps in the State’s data tracking capabilities 15
	365	+	related to the criminal justice system and recommendations for 16
	366	+	filling any such gaps as required pursuant to paragraph (e) of 17
	367	+	subsection 1 of NRS 176.01343; 18
	368	+	(g) Recommendations for improvements, changes and budgetary 19
	369	+	adjustments; and 20
	370	+	(h) Additional recommendations for future legislation and 21
	371	+	policy options to enhance public safety and control corrections 22
	372	+	costs. 23
	373	+	[12.] 6. Submit the report prepared pursuant to subsection [11] 24
	374	+	5 not later than January 15 of each odd-numbered year to: 25
	375	+	(a) The Office of the Governor; 26
	376	+	(b) The Director of the Legislative Counsel Bureau for 27
	377	+	distribution to the Legislature; and 28
	378	+	(c) The Chief Justice of the Nevada Supreme Court. 29
	379	+	Sec. 4. 1. The Nevada Sentencing Commission shall conduct 30
	380	+	a study during the 2023-2024 legislative interim concerning the 31
	381	+	sentences imposed for misdemeanor offenses in this State, and make 32
	382	+	a report thereof. 33
	383	+	2. The study and report must include, without limitation, an 34
	384	+	evaluation of: 35
	385	+	(a) The offenses punishable as misdemeanors in this State; 36
	386	+	(b) The laws governing misdemeanor offenses in other states 37
	387	+	and territories of the United States; and 38
	388	+	(c) Any other data that the Sentencing Commission determines 39
	389	+	is relevant to the study. 40
	390	+	3. In conducting the study required by subsection 1, the 41
	391	+	Sentencing Commission shall consult with and solicit input from 42
	392	+	persons and organizations with expertise in policies and practices 43
	393	+	regarding sentencing for misdemeanor offenses. 44
	394	+	– 9 –
	395	+
	396	+
	397	+	- SB103
	398	+	4. The Sentencing Commission shall submit a report of the 1
	399	+	results of the study and any recommendations for legislation to the 2
	400	+	Joint Interim Standing Committee on the Judiciary and the Director 3
	401	+	of the Legislative Counsel Bureau for transmittal to the 83rd Session 4
	402	+	of the Nevada Legislature. 5
	403	+	Sec. 5. 1. This section becomes effective on passage and 6
	404	+	approval. 7
	405	+	2. Sections 1 to 4, inclusive, of this act become effective: 8
	406	+	(a) Upon passage and approval for the purpose of performing 9
	407	+	any preparatory administrative tasks that are necessary to carry out 10
	408	+	the provisions of this act; and 11
	409	+	(b) On July 1, 2023, for all other purposes. 12
	410	+
	411	+	H
46	412
47	413
48	414
49	415
50	416
51	417
52	418
53		-
54		-
55		-
56		-	– 2 –
57		-
58		-
59		-	- 82nd Session (2023)
60		-	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
61		-
62		-
63		-	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
64		-	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
65		-
66		-	Section 1. Chapter 176 of NRS is hereby amended by adding
67		-	thereto the provisions set forth as sections 1.3, 1.5 and 1.7 of this
68		-	act.
69		-	Sec. 1.3. “Subcommittee” means the Subcommittee on
70		-	Misdemeanors of the Sentencing Commission.
71		-	Sec. 1.5. 1. There is hereby created the Subcommittee on
72		-	Misdemeanors of the Sentencing Commission, consisting of
73		-	members appointed by the Chair of the Sentencing Commission,
74		-	who must include, without limitation:
75		-	(a) One member who has expertise in:
76		-	(1) Policies and practices regarding misdemeanor
77		-	sentencing implemented in this State and other states; and
78		-	(2) Administrative assessments, fines and fees related to the
79		-	criminal justice system in this State and other states;
80		-	(b) One member who is a city attorney;
81		-	(c) One member who is an attorney, experienced in defending
82		-	criminal actions; and
83		-	(d) One member who serves as a court administrator for a
84		-	justice or municipal court.
85		-	2. The Chair of the Sentencing Commission shall designate
86		-	one of the members of the Subcommittee to serve as the Chair of
87		-	the Subcommittee.
88		-	3. The Subcommittee shall meet at the times and places
89		-	specified by a call of the Chair. A majority of the members of the
90		-	Subcommittee constitutes a quorum, and a quorum may exercise
91		-	all the power or authority conferred on the Subcommittee.
92		-	Members of the Subcommittee shall serve without compensation.
93		-	4. The Subcommittee shall:
94		-	(a) Study existing laws, policies and practices relating to
95		-	misdemeanor offenses in this State and other states, including,
96		-	without limitation, the sentences imposed for misdemeanor
97		-	offenses in this State and other states; and
98		-	(b) Submit a biennial report describing the findings,
99		-	conclusions and recommendations of the subcommittee to the
100		-	Sentencing Commission.
101		-	Sec. 1.7. 1. The Chair of the Subcommittee may appoint
102		-	working groups composed of persons with subject matter
103		-	expertise, including, without limitation, representations of
104		-	– 3 –
105		-
106		-
107		-	- 82nd Session (2023)
108		-	criminal justice agencies in this State to aid in the work of the
109		-	Subcommittee.
110		-	2. The Chair of the Subcommittee may appoint any person
111		-	the Chair deems appropriate to serve on a working group, which
112		-	may include, without limitation, representatives of criminal justice
113		-	agencies within this State.
114		-	3. All information and materials received or prepared by a
115		-	working group are confidential and not public record for purposes
116		-	of chapter 239 of NRS.
117		-	4. The members of a working group serve without
118		-	compensation.
119		-	Sec. 1.8. NRS 176.01313 is hereby amended to read as
120		-	follows:
121		-	176.01313 As used in NRS 176.0131 to 176.014, inclusive,
122		-	and sections 1.3, 1.5 and 1.7 of this act, unless the context
123		-	otherwise requires, the words and terms defined in NRS 176.01315,
124		-	176.01317 and 176.0132 and section 1.3 of this act have the
125		-	meanings ascribed to them in those sections.
126		-	Sec. 1.9. NRS 176.01327 is hereby amended to read as
127		-	follows:
128		-	176.01327 The Executive Director appointed pursuant to NRS
129		-	176.01323 shall:
130		-	1. Oversee all of the functions of the Department.
131		-	2. Serve as Executive Secretary of the Sentencing Commission
132		-	without additional compensation.
133		-	3. Report to the Sentencing Commission on sentencing and
134		-	related issues regarding the functions of the Department and provide
135		-	such information to the Sentencing Commission as requested.
136		-	4. Assist the Sentencing Commission in determining necessary
137		-	and appropriate recommendations to assist in carrying out the
138		-	responsibilities of the Department.
139		-	5. Establish the budget for the Department.
140		-	6. Facilitate the collection and aggregation of data from the
141		-	courts, Department of Corrections, Division of Parole and Probation
142		-	of the Department of Public Safety and any other agency of criminal
143		-	justice.
144		-	7. Identify variables or sets of data concerning criminal justice
145		-	that are not currently collected or shared across agencies of criminal
146		-	justice within this State.
147		-	8. Assist in preparing and submitting the comprehensive report
148		-	required to be prepared by the Sentencing Commission pursuant to
149		-	subsection [11] 5 of NRS 176.0134.
150		-	– 4 –
151		-
152		-
153		-	- 82nd Session (2023)
154		-	9. Assist the Sentencing Commission in carrying out its duties
155		-	pursuant to subsections 2 and 3 of NRS 176.01347 relating to the
156		-	calculation of the costs avoided by this State for the immediately
157		-	preceding fiscal year because of the enactment of chapter 633,
158		-	Statutes of Nevada 2019, and in preparing a report containing the
159		-	projected amount of such costs for the next biennium and
160		-	recommendations for the reinvestment of the amount of the costs.
161		-	10. Take any other actions necessary to carry out the powers
162		-	and duties of the Sentencing Commission pursuant to NRS
163		-	176.0131 to 176.014, inclusive.
164		-	Sec. 2. NRS 176.0133 is hereby amended to read as follows:
165		-	176.0133 1. The Nevada Sentencing Commission is hereby
166		-	created within the Department. The Sentencing Commission
167		-	consists of:
168		-	(a) One member [appointed by the Governor;] who is an
169		-	attorney and whose practice primarily consists of representing
170		-	criminal defendants in a county whose population is less than
171		-	55,000, appointed by the Executive Director of the Department of
172		-	Indigent Defense Services or his or her designee;
173		-	(b) One member who is a justice of the Supreme Court of
174		-	Nevada or a retired justice of the Supreme Court of Nevada,
175		-	appointed by the Chief Justice of the Supreme Court of Nevada;
176		-	(c) Two members who are judges appointed by the Chief Justice
177		-	of the Supreme Court of Nevada;
178		-	(d) One member who is a representative of the Administrative
179		-	Office of the Courts appointed by the Chief Justice of the Supreme
180		-	Court of Nevada;
181		-	(e) The Director of the Department of Corrections;
182		-	(f) One member who is a representative of the Office of the
183		-	Attorney General, appointed by the Attorney General;
184		-	(g) [One member who is a district attorney,] Two members
185		-	appointed by the governing body of the Nevada District Attorneys
186		-	Association [;] , one of whom must be a district attorney in a
187		-	county whose population is 100,000 or more and one of whom
188		-	must be a district attorney in a county whose population is less
189		-	than 100,000;
190		-	(h) One member who is a representative of the Office of the
191		-	Clark County Public Defender, appointed by the head of the Office
192		-	of the Clark County Public Defender;
193		-	(i) One member who is a representative of the Office of the
194		-	Washoe County Public Defender, appointed by the head of the
195		-	Office of the Washoe County Public Defender;
196		-	– 5 –
197		-
198		-
199		-	- 82nd Session (2023)
200		-	(j) One member who is an attorney in private practice,
201		-	experienced in defending criminal actions, appointed by the
202		-	governing body of the State Bar of Nevada;
203		-	(k) One member who has been a victim of a crime or is a
204		-	representative of an organization supporting the rights of victims of
205		-	crime, appointed by the Governor;
206		-	(l) One member who is a member of the State Board of Parole
207		-	Commissioners, appointed by the State Board of Parole
208		-	Commissioners;
209		-	(m) One member who is a representative of the Division of
210		-	Parole and Probation of the Department of Public Safety, appointed
211		-	by the Governor;
212		-	(n) One member who is a representative of the Nevada Sheriffs’
213		-	and Chiefs’ Association, appointed by the Nevada Sheriffs’ and
214		-	Chiefs’ Association;
215		-	(o) One member who is a representative of the Las Vegas
216		-	Metropolitan Police Department, appointed by the Sheriff of Clark
217		-	County;
218		-	(p) One member who is a representative of the Division of
219		-	Public and Behavioral Health of the Department of Health and
220		-	Human Services;
221		-	(q) One member who is a representative of an organization that
222		-	advocates on behalf of inmates, appointed by the Governor;
223		-	(r) Two members who are Senators, one of whom is appointed
224		-	by the Majority Leader of the Senate and one of whom is appointed
225		-	by the Minority Leader of the Senate;
226		-	(s) Two members who are members of the Assembly, one of
227		-	whom is appointed by the Speaker of the Assembly and one of
228		-	whom is appointed by the Minority Leader of the Assembly;
229		-	(t) The Director of the Department of Employment, Training
230		-	and Rehabilitation; [and]
231		-	(u) One member who is a representative of an organization that
232		-	works with offenders upon release from incarceration to assist in
233		-	reentry into the community appointed by the Chair of the
234		-	Legislative Commission [.] ;
235		-	(v) One member who is a representative of the Central
236		-	Repository for Nevada Records of Criminal History, appointed by
237		-	the Director of the Department of Public Safety; and
238		-	(w) One member who is a faculty member of the Nevada
239		-	System of Higher Education who teaches criminal justice,
240		-	appointed by the Governor.
241		-	2. The Executive Director shall serve as the Executive
242		-	Secretary of the Sentencing Commission.
243		-	– 6 –
244		-
245		-
246		-	- 82nd Session (2023)
247		-	3. If any organization listed in subsection 1 ceases to exist, the
248		-	appointment required pursuant to that subsection must be made by
249		-	the association’s successor in interest, or, if there is no successor in
250		-	interest, by the Governor.
251		-	4. Each appointed member serves a term of 2 years. Members
252		-	may be reappointed for additional terms of 2 years in the same
253		-	manner as the original appointments. Any vacancy occurring in the
254		-	membership of the Sentencing Commission must be filled in the
255		-	same manner as the original appointment not later than 30 days after
256		-	the vacancy occurs.
257		-	5. The Legislators who are members of the Sentencing
258		-	Commission are entitled to receive the salary provided for a
259		-	majority of the members of the Legislature during the first 60 days
260		-	of the preceding session for each day’s attendance at a meeting of
261		-	the Sentencing Commission.
262		-	6. At the first regular meeting of each odd-numbered year, the
263		-	members of the Sentencing Commission shall elect a Chair by
264		-	majority vote who shall serve until the next Chair is elected.
265		-	7. The Sentencing Commission shall:
266		-	(a) Hold its first meeting on or before September 1 of each odd-
267		-	numbered year; and
268		-	(b) Meet at least once every 3 months and may meet at such
269		-	further times as deemed necessary by the Chair.
270		-	8. A member of the Sentencing Commission may designate a
271		-	nonvoting alternate to attend a meeting in his or her place.
272		-	9. A majority of the members of the Sentencing Commission
273		-	constitutes a quorum for the transaction of business, and a majority
274		-	of those members present at any meeting is sufficient for any
275		-	official action taken by the Sentencing Commission. A nonvoting
276		-	alternate designated by a member pursuant to subsection 8 who
277		-	attends a meeting of the Sentencing Commission for which the
278		-	alternate is designated shall be deemed to be a member of the
279		-	Sentencing Commission for the purpose of determining whether a
280		-	quorum exists.
281		-	10. While engaged in the business of the Sentencing
282		-	Commission, to the extent of legislative appropriation, each member
283		-	of the Sentencing Commission is entitled to receive the per diem
284		-	allowance and travel expenses provided for state officers and
285		-	employees generally.
286		-	11. The Sentencing Commission may establish such working
287		-	groups, task forces and similar entities from within or outside its
288		-	membership as necessary to address specific issues or otherwise to
289		-	assist in its work.
290		-	– 7 –
291		-
292		-
293		-	- 82nd Session (2023)
294		-	Sec. 3. NRS 176.0134 is hereby amended to read as follows:
295		-	176.0134 The Sentencing Commission shall:
296		-	1. [Advise the Legislature on proposed legislation and make
297		-	recommendations with respect to all matters relating to the elements
298		-	of this State’s system of criminal justice which affect the sentences
299		-	imposed for felonies and gross misdemeanors.
300		-	2.] Evaluate and study the effectiveness and fiscal impact of
301		-	various policies and practices regarding sentencing which are
302		-	employed in this State and other states, including, without
303		-	limitation, the use of plea bargaining, probation, programs of
304		-	enhanced supervision, programs of regimental discipline,
305		-	imprisonment, sentencing recommendations, mandatory and
306		-	minimum sentencing, mandatory sentencing for crimes involving
307		-	the possession, manufacture and distribution of controlled
308		-	substances, enhanced penalties for habitual criminals, parole, credits
309		-	against sentences, residential confinement and alternatives to
310		-	incarceration.
311		-	[3.] 2. Recommend changes in the structure of sentencing in
312		-	this State which [, to] :
313		-	(a) Are consistent with the public policy set forth in NRS
314		-	176.0131; and
315		-	(b) To the extent practicable and with consideration for their
316		-	fiscal impact, incorporate general objectives and goals for
317		-	sentencing . [, including, without limitation, the following:
318		-	(a) Offenders must receive sentences that increase in direct
319		-	proportion to the severity of their crimes and their histories of
320		-	criminality.
321		-	(b) Offenders who have extensive histories of criminality or
322		-	who have exhibited a propensity to commit crimes of a predatory or
323		-	violent nature must receive sentences which reflect the need to
324		-	ensure the safety and protection of the public and which allow for
325		-	the imprisonment for life of such offenders.
326		-	(c) Offenders who have committed offenses that do not include
327		-	acts of violence and who have limited histories of criminality must
328		-	receive sentences which reflect the need to conserve scarce
329		-	economic resources through the use of various alternatives to
330		-	traditional forms of incarceration.
331		-	(d) Offenders with similar histories of criminality who are
332		-	convicted of similar crimes must receive sentences that are generally
333		-	similar.
334		-	(e) Offenders sentenced to imprisonment must receive sentences
335		-	which do not confuse or mislead the public as to the actual time
336		-	– 8 –
337		-
338		-
339		-	- 82nd Session (2023)
340		-	those offenders must serve while incarcerated or before being
341		-	released from confinement or supervision.
342		-	(f) Offenders must not receive disparate sentences based upon
343		-	factors such as race, gender or economic status.
344		-	(g) Offenders must receive sentences which are based upon the
345		-	specific circumstances and facts of their offenses, including the
346		-	nature of the offense and any aggravating factors, the savagery of
347		-	the offense, as evidenced by the extent of any injury to the victim,
348		-	and the degree of criminal sophistication demonstrated by the
349		-	offender’s acts before, during and after commission of the offense.
350		-	4.] 3. Facilitate the development and maintenance of a
351		-	statewide sentencing database in collaboration with state and local
352		-	agencies, using existing databases or resources where appropriate.
353		-	[5. Provide training regarding sentencing and related issues,
354		-	policies and practices, and act as a sentencing policy resource for
355		-	this State.
356		-	6. Evaluate the impact of pretrial, sentencing diversion,
357		-	incarceration and postrelease supervision programs.
358		-	7. Identify potential areas of sentencing disparity related to
359		-	race, gender and economic status.
360		-	8. Propose and recommend statutory sentencing guidelines,
361		-	based on reasonable offense and offender characteristics which aim
362		-	to preserve judicial discretion and provide for individualized
363		-	sentencing, for the use of the district courts. If such guidelines are
364		-	enacted by the Legislature, the Sentencing Commission shall review
365		-	and propose any recommended changes.
366		-	9. Evaluate whether sentencing guidelines recommended
367		-	pursuant to subsection 8 should be mandatory and if judicial
368		-	findings should be required for any departures from the sentencing
369		-	guidelines.
370		-	10.] 4. Provide recommendations and advice to the Executive
371		-	Director concerning the administration of the Department,
372		-	including, without limitation:
373		-	(a) Receiving reports from the Executive Director and providing
374		-	advice to the Executive Director concerning measures to be taken by
375		-	the Department to ensure compliance with the duties of the
376		-	Sentencing Commission.
377		-	(b) Reviewing information from the Department regarding
378		-	sentencing of offenders in this State.
379		-	(c) Requesting any audit, investigation or review the Sentencing
380		-	Commission deems necessary to carry out the duties of the
381		-	Sentencing Commission.
382		-	– 9 –
383		-
384		-
385		-	- 82nd Session (2023)
386		-	(d) Coordinating with the Executive Director regarding the
387		-	procedures for the identification and collection of data concerning
388		-	the sentencing of offenders in this State.
389		-	(e) Advising the Executive Director concerning any required
390		-	reports and reviewing drafts of such reports.
391		-	(f) Making recommendations to the Executive Director
392		-	concerning the budget for the Department, improvements to the
393		-	criminal justice system and legislation related to the duties of the
394		-	Sentencing Commission.
395		-	(g) Providing advice and recommendations to the Executive
396		-	Director on any other matter.
397		-	[11.] 5. For each regular session of the Legislature, with the
398		-	assistance of the Department, prepare a comprehensive report
399		-	including the Sentencing Commission’s:
400		-	(a) Recommended changes pertaining to sentencing;
401		-	(b) Findings;
402		-	(c) Recommendations for proposed legislation;
403		-	(d) Identification of outcomes resulting from the enactment of
404		-	chapter 633, Statutes of Nevada 2019, that were tracked and
405		-	assessed as required pursuant to paragraphs (a), (b) and (c) of
406		-	subsection 1 of NRS 176.01343;
407		-	(e) Identification of trends observed after the enactment of
408		-	chapter 633, Statutes of Nevada 2019, that were tracked and
409		-	assessed as required pursuant to paragraph (d) of subsection 1 of
410		-	NRS 176.01343;
411		-	(f) Identification of gaps in the State’s data tracking capabilities
412		-	related to the criminal justice system and recommendations for
413		-	filling any such gaps as required pursuant to paragraph (e) of
414		-	subsection 1 of NRS 176.01343;
415		-	(g) Recommendations for improvements, changes and budgetary
416		-	adjustments; and
417		-	(h) Additional recommendations for future legislation and
418		-	policy options to enhance public safety and control corrections
419		-	costs.
420		-	[12.] 6. Submit the report prepared pursuant to subsection [11]
421		-	5 not later than January 15 of each odd-numbered year to:
422		-	(a) The Office of the Governor;
423		-	(b) The Director of the Legislative Counsel Bureau for
424		-	distribution to the Legislature; and
425		-	(c) The Chief Justice of the Nevada Supreme Court.
426		-	Sec. 4. (Deleted by amendment.)
427		-	– 10 –
428		-
429		-
430		-	- 82nd Session (2023)
431		-	Sec. 4.5. NRS 239.010 is hereby amended to read as follows:
432		-	239.010 1. Except as otherwise provided in this section and
433		-	NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
434		-	49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
435		-	62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
436		-	80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
437		-	87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
438		-	88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
439		-	116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
440		-	119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
441		-	120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
442		-	127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
443		-	130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015,
444		-	176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715,
445		-	178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771,
446		-	200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392,
447		-	209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140,
448		-	213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464,
449		-	217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240,
450		-	218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570,
451		-	231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105,
452		-	239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050,
453		-	239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420,
454		-	240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335,
455		-	247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150,
456		-	268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195,
457		-	281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755,
458		-	281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438,
459		-	289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503,
460		-	293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910,
461		-	293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335,
462		-	338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420,
463		-	349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100,
464		-	353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242,
465		-	361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080,
466		-	378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830,
467		-	385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503,
468		-	388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035,
469		-	391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271,
470		-	392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045,
471		-	394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465,
472		-	396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525,
473		-	396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888,
474		-	– 11 –
475		-
476		-
477		-	- 82nd Session (2023)
478		-	408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305,
479		-	422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028,
480		-	432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407,
481		-	432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534,
482		-	433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116,
483		-	439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
484		-	441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
485		-	442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209,
486		-	449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805,
487		-	453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555,
488		-	459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403,
489		-	463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940,
490		-	481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340,
491		-	483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830,
492		-	484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040,
493		-	534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098,
494		-	598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303,
495		-	604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350,
496		-	618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110,
497		-	624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
498		-	628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672,
499		-	630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332,
500		-	631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283,
501		-	633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055,
502		-	634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158,
503		-	636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087,
504		-	638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185,
505		-	640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620,
506		-	640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340,
507		-	641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217,
508		-	641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760,
509		-	641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180,
510		-	645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220,
511		-	645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330,
512		-	647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126,
513		-	652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130,
514		-	665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480,
515		-	675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
516		-	678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
517		-	679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
518		-	681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
519		-	687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
520		-	688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
521		-	– 12 –
522		-
523		-
524		-	- 82nd Session (2023)
525		-	692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
526		-	696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
527		-	711.600, and section 1.7 of this act, sections 35, 38 and 41 of
528		-	chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391,
529		-	Statutes of Nevada 2013 and unless otherwise declared by law to be
530		-	confidential, all public books and public records of a governmental
531		-	entity must be open at all times during office hours to inspection by
532		-	any person, and may be fully copied or an abstract or memorandum
533		-	may be prepared from those public books and public records. Any
534		-	such copies, abstracts or memoranda may be used to supply the
535		-	general public with copies, abstracts or memoranda of the records or
536		-	may be used in any other way to the advantage of the governmental
537		-	entity or of the general public. This section does not supersede or in
538		-	any manner affect the federal laws governing copyrights or enlarge,
539		-	diminish or affect in any other manner the rights of a person in any
540		-	written book or record which is copyrighted pursuant to federal law.
541		-	2. A governmental entity may not reject a book or record
542		-	which is copyrighted solely because it is copyrighted.
543		-	3. A governmental entity that has legal custody or control of a
544		-	public book or record shall not deny a request made pursuant to
545		-	subsection 1 to inspect or copy or receive a copy of a public book or
546		-	record on the basis that the requested public book or record contains
547		-	information that is confidential if the governmental entity can
548		-	redact, delete, conceal or separate, including, without limitation,
549		-	electronically, the confidential information from the information
550		-	included in the public book or record that is not otherwise
551		-	confidential.
552		-	4. If requested, a governmental entity shall provide a copy of a
553		-	public record in an electronic format by means of an electronic
554		-	medium. Nothing in this subsection requires a governmental entity
555		-	to provide a copy of a public record in an electronic format or by
556		-	means of an electronic medium if:
557		-	(a) The public record:
558		-	(1) Was not created or prepared in an electronic format; and
559		-	(2) Is not available in an electronic format; or
560		-	(b) Providing the public record in an electronic format or by
561		-	means of an electronic medium would:
562		-	(1) Give access to proprietary software; or
563		-	(2) Require the production of information that is confidential
564		-	and that cannot be redacted, deleted, concealed or separated from
565		-	information that is not otherwise confidential.
566		-	5. An officer, employee or agent of a governmental entity who
567		-	has legal custody or control of a public record:
568		-	– 13 –
569		-
570		-
571		-	- 82nd Session (2023)
572		-	(a) Shall not refuse to provide a copy of that public record in the
573		-	medium that is requested because the officer, employee or agent has
574		-	already prepared or would prefer to provide the copy in a different
575		-	medium.
576		-	(b) Except as otherwise provided in NRS 239.030, shall, upon
577		-	request, prepare the copy of the public record and shall not require
578		-	the person who has requested the copy to prepare the copy himself
579		-	or herself.
580		-	Sec. 5. 1. This section becomes effective on passage and
581		-	approval.
582		-	2. Sections 1 to 4.5, inclusive, of this act become effective:
583		-	(a) Upon passage and approval for the purpose of performing
584		-	any preparatory administrative tasks that are necessary to carry out
585		-	the provisions of this act; and
586		-	(b) On July 1, 2023, for all other purposes.
587		-
588		-	20 ~~~~~ 23
589		-