Nevada 2023 Regular Session

Nevada Senate Bill SB316 Compare Versions

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33 - 82nd Session (2023)
44 Senate Bill No. 316–Senators Scheible, Spearman;
55 D. Harris, Nguyen and Ohrenschall
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77 CHAPTER..........
88
99 AN ACT relating to criminal law; revising provisions relating to
1010 certain annual reports concerning criminal cases; and
1111 providing other matters properly relating thereto.
1212 Legislative Counsel’s Digest:
1313 Existing law requires the district attorney for each county to prepare and submit
1414 to the Attorney General an annual report concerning certain cases filed during the
1515 previous calendar year which included a charge for murder or voluntary
1616 manslaughter. Among other requirements, existing law requires the annual report to
1717 include, for each case filed: (1) the age, gender and race of the defendant; and (2)
1818 the name of each court in which the case was prosecuted. (NRS 178.750) This bill
1919 revises requirements relating to the annual report by: (1) transferring the
2020 responsibilities of the Attorney General concerning the report to the Department of
2121 Sentencing Policy; and (2) requiring the report to include the name of the defendant
2222 and the case number.
2323
2424 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
2525
2626
2727 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
2828 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2929
3030 Section 1. NRS 178.750 is hereby amended to read as follows:
3131 178.750 1. The district attorney for each county shall prepare
3232 and submit a report, on a form approved by the [Attorney General,]
3333 Department of Sentencing Policy created by NRS 176.01323, to
3434 the [Attorney General] Department of Sentencing Policy not later
3535 than February 1 of each year concerning each case filed during the
3636 previous calendar year that included a charge for murder or
3737 voluntary manslaughter. The district attorney shall exclude from the
3838 report any charge for manslaughter that resulted from a death in a
3939 crash involving a motor vehicle.
4040 2. The report required pursuant to subsection 1 must include,
4141 without limitation:
4242 (a) The name, age, gender and race of the defendant;
4343 (b) The age, gender and race of any codefendant or other person
4444 charged or suspected of having participated in the homicide and in
4545 any alleged related offense;
4646 (c) The age, gender and race of the victim of the homicide and
4747 any alleged related offense;
4848 (d) The date of the homicide and of any alleged related offense;
4949 (e) The date of filing of the information or indictment;
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5353 - 82nd Session (2023)
5454 (f) The [name of each] case number and court in which the case
5555 was prosecuted;
5656 (g) Whether or not the prosecutor filed a notice of intent to seek
5757 the death penalty and, if so, when the prosecutor filed the notice;
5858 (h) The final disposition of the case and whether or not the case
5959 was tried before a jury;
6060 (i) The race, ethnicity and gender of each member of the jury, if
6161 the case was tried by a jury; and
6262 (j) The identity of:
6363 (1) Each prosecuting attorney who participated in the
6464 decision to file the initial charges against the defendant;
6565 (2) Each prosecuting attorney who participated in the
6666 decision to offer or accept a plea, if applicable;
6767 (3) Each prosecuting attorney who participated in the
6868 decision to seek the death penalty, if applicable; and
6969 (4) Each person outside the office of the district attorney who
7070 was consulted in determining whether to seek the death penalty or to
7171 accept or reject a plea, if any.
7272 3. If all the information required pursuant to subsection 1
7373 cannot be provided because the case is still in progress, an
7474 additional report must be filed with the [Attorney General]
7575 Department of Sentencing Policy each time a subsequent report is
7676 filed until all the information, to the extent available, has been
7777 provided.
7878 Sec. 2. This act becomes effective on July 1, 2023.
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