(Reprinted with amendments adopted on April 17, 2023)
FIRST REPRINT S.B. 316
- *SB316_R1*
SENATE BILL NO. 316–SENATORS SCHEIBLE, SPEARMAN;
D. HARRIS, NGUYEN AND OHRENSCHALL
MARCH 20, 2023
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes relating to criminal law.
(BDR 14-132)
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.
AN ACT relating to criminal law; revising provisions relating to
certain annual reports concerning criminal cases; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the district attorney for each county to prepare and submit 1
to the Attorney General an annual report concerning certain cases filed during the 2
previous calendar year which included a charge for murder or voluntary 3
manslaughter. Among other requirements, existing law requires the annual report to 4
include, for each case filed: (1) the age, gender and race of the defendant; and (2) 5
the name of each court in which the case was prosecuted. (NRS 178.750) This bill 6
revises requirements relating to the annual report by: (1) transferring the 7
responsibilities of the Attorney General concerning the report to the Department of 8
Sentencing Policy; and (2) requiring the report to include the name of the defendant 9
and the case number. 10
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.750 is hereby amended to read as follows: 1
178.750 1. The district attorney for each county shall prepare 2
and submit a report, on a form approved by the [Attorney General,] 3
Department of Sentencing Policy created by NRS 176.01323, to 4
the [Attorney General] Department of Sentencing Policy not later 5
than February 1 of each year concerning each case filed during the 6
previous calendar year that included a charge for murder or 7
voluntary manslaughter. The district attorney shall exclude from the 8
– 2 –
- *SB316_R1*
report any charge for manslaughter that resulted from a death in a 1
crash involving a motor vehicle. 2
2. The report required pursuant to subsection 1 must include, 3
without limitation: 4
(a) The name, age, gender and race of the defendant; 5
(b) The age, gender and race of any codefendant or other person 6
charged or suspected of having participated in the homicide and in 7
any alleged related offense; 8
(c) The age, gender and race of the victim of the homicide and 9
any alleged related offense; 10
(d) The date of the homicide and of any alleged related offense; 11
(e) The date of filing of the information or indictment; 12
(f) The [name of each] case number and court in which the case 13
was prosecuted; 14
(g) Whether or not the prosecutor filed a notice of intent to seek 15
the death penalty and, if so, when the prosecutor filed the notice; 16
(h) The final disposition of the case and whether or not the case 17
was tried before a jury; 18
(i) The race, ethnicity and gender of each member of the jury, if 19
the case was tried by a jury; and 20
(j) The identity of: 21
(1) Each prosecuting attorney who participated in the 22
decision to file the initial charges against the defendant; 23
(2) Each prosecuting attorney who participated in the 24
decision to offer or accept a plea, if applicable; 25
(3) Each prosecuting attorney who participated in the 26
decision to seek the death penalty, if applicable; and 27
(4) Each person outside the office of the district attorney who 28
was consulted in determining whether to seek the death penalty or to 29
accept or reject a plea, if any. 30
3. If all the information required pursuant to subsection 1 31
cannot be provided because the case is still in progress, an 32
additional report must be filed with the [Attorney General] 33
Department of Sentencing Policy each time a subsequent report is 34
filed until all the information, to the extent available, has been 35
provided. 36
Sec. 2. This act becomes effective on July 1, 2023. 37
H