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2 | 2 | | |
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3 | 3 | | - 82nd Session (2023) |
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4 | 4 | | Senate Bill No. 316–Senators Scheible, Spearman; |
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5 | 5 | | D. Harris, Nguyen and Ohrenschall |
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6 | 6 | | |
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7 | 7 | | CHAPTER.......... |
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8 | 8 | | |
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9 | 9 | | AN ACT relating to criminal law; revising provisions relating to |
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10 | 10 | | certain annual reports concerning criminal cases; and |
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11 | 11 | | providing other matters properly relating thereto. |
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12 | 12 | | Legislative Counsel’s Digest: |
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13 | 13 | | Existing law requires the district attorney for each county to prepare and submit |
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14 | 14 | | to the Attorney General an annual report concerning certain cases filed during the |
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15 | 15 | | previous calendar year which included a charge for murder or voluntary |
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16 | 16 | | manslaughter. Among other requirements, existing law requires the annual report to |
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17 | 17 | | include, for each case filed: (1) the age, gender and race of the defendant; and (2) |
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18 | 18 | | the name of each court in which the case was prosecuted. (NRS 178.750) This bill |
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19 | 19 | | revises requirements relating to the annual report by: (1) transferring the |
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20 | 20 | | responsibilities of the Attorney General concerning the report to the Department of |
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21 | 21 | | Sentencing Policy; and (2) requiring the report to include the name of the defendant |
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22 | 22 | | and the case number. |
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23 | 23 | | |
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24 | 24 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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25 | 25 | | |
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26 | 26 | | |
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27 | 27 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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28 | 28 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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29 | 29 | | |
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30 | 30 | | Section 1. NRS 178.750 is hereby amended to read as follows: |
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31 | 31 | | 178.750 1. The district attorney for each county shall prepare |
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32 | 32 | | and submit a report, on a form approved by the [Attorney General,] |
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33 | 33 | | Department of Sentencing Policy created by NRS 176.01323, to |
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34 | 34 | | the [Attorney General] Department of Sentencing Policy not later |
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35 | 35 | | than February 1 of each year concerning each case filed during the |
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36 | 36 | | previous calendar year that included a charge for murder or |
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37 | 37 | | voluntary manslaughter. The district attorney shall exclude from the |
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38 | 38 | | report any charge for manslaughter that resulted from a death in a |
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39 | 39 | | crash involving a motor vehicle. |
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40 | 40 | | 2. The report required pursuant to subsection 1 must include, |
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41 | 41 | | without limitation: |
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42 | 42 | | (a) The name, age, gender and race of the defendant; |
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43 | 43 | | (b) The age, gender and race of any codefendant or other person |
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44 | 44 | | charged or suspected of having participated in the homicide and in |
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45 | 45 | | any alleged related offense; |
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46 | 46 | | (c) The age, gender and race of the victim of the homicide and |
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47 | 47 | | any alleged related offense; |
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48 | 48 | | (d) The date of the homicide and of any alleged related offense; |
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49 | 49 | | (e) The date of filing of the information or indictment; |
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50 | 50 | | – 2 – |
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51 | 51 | | |
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52 | 52 | | |
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53 | 53 | | - 82nd Session (2023) |
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54 | 54 | | (f) The [name of each] case number and court in which the case |
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55 | 55 | | was prosecuted; |
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56 | 56 | | (g) Whether or not the prosecutor filed a notice of intent to seek |
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57 | 57 | | the death penalty and, if so, when the prosecutor filed the notice; |
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58 | 58 | | (h) The final disposition of the case and whether or not the case |
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59 | 59 | | was tried before a jury; |
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60 | 60 | | (i) The race, ethnicity and gender of each member of the jury, if |
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61 | 61 | | the case was tried by a jury; and |
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62 | 62 | | (j) The identity of: |
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63 | 63 | | (1) Each prosecuting attorney who participated in the |
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64 | 64 | | decision to file the initial charges against the defendant; |
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65 | 65 | | (2) Each prosecuting attorney who participated in the |
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66 | 66 | | decision to offer or accept a plea, if applicable; |
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67 | 67 | | (3) Each prosecuting attorney who participated in the |
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68 | 68 | | decision to seek the death penalty, if applicable; and |
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69 | 69 | | (4) Each person outside the office of the district attorney who |
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70 | 70 | | was consulted in determining whether to seek the death penalty or to |
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71 | 71 | | accept or reject a plea, if any. |
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72 | 72 | | 3. If all the information required pursuant to subsection 1 |
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73 | 73 | | cannot be provided because the case is still in progress, an |
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74 | 74 | | additional report must be filed with the [Attorney General] |
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75 | 75 | | Department of Sentencing Policy each time a subsequent report is |
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76 | 76 | | filed until all the information, to the extent available, has been |
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77 | 77 | | provided. |
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78 | 78 | | Sec. 2. This act becomes effective on July 1, 2023. |
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79 | 79 | | |
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80 | 80 | | 20 ~~~~~ 23 |
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