EXEMPT
A.B. 541
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ASSEMBLY BILL NO. 541–COMMITTEE ON WAYS AND MEANS
(ON BEHALF OF THE OFFICE OF FINANCE
IN THE OFFICE OF THE GOVERNOR)
MARCH 31, 2025
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Referred to Committee on Ways and Means
SUMMARY—Revises provisions relating to indigent petitioners.
(BDR 3-1153)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to postconviction proceedings; revising provisions
relating to the payment of necessary costs and expenses
associated with certain proceedings based upon a
postconviction petition for a writ of habeas corpus; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes an offender who is convicted of a crime and under a 1
sentence of death or imprisonment to file a postconviction petition for a writ of 2
habeas corpus to challenge the validity of a judgment of conviction or the 3
computation of time that the person has served pursuant to a judgment of 4
conviction. (NRS 34.724) Such a petition may allege that the petitioner is unable to 5
pay the costs of the proceedings or to employ counsel. Under existing law, if the 6
court determines that the petitioner is unable to pay all necessary costs and 7
expenses incident to the proceedings and certain other requirements are met, the 8
costs must be paid from money appropriated to the Office of State Public Defender 9
for that purpose. After appropriations for that purpose are exhausted, existing law 10
requires that money be allocated to the Office of State Public Defender from the 11
Reserve for Statutory Contingency Account for the payment of the costs, expenses 12
and compensation. (NRS 34.750) Section 1 of this bill instead requires those costs 13
to be paid from money appropriated to the Department of Indigent Defense 14
Services for that purpose. After those appropriations are exhausted, section 1 15
requires that money be allocated to the Department of Indigent Defense Services 16
from the Reserve for Statutory Contingency Account for the payment of the costs, 17
expenses and compensation. Section 2 of this bill makes the same change in certain 18
generally applicable statutory provisions relating to the payment of compensation 19
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and expenses of an attorney appointed to represent an indigent defendant or 20
petitioner. 21
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 34.750 is hereby amended to read as follows: 1
34.750 1. A petition may allege that the petitioner is unable 2
to pay the costs of the proceedings or to employ counsel. If the court 3
is satisfied that the allegation of indigency is true and the petition is 4
not dismissed summarily, the court may appoint counsel to represent 5
the petitioner. In making its determination, the court may consider, 6
among other things, the severity of the consequences facing the 7
petitioner and whether: 8
(a) The issues presented are difficult; 9
(b) The petitioner is unable to comprehend the proceedings; or 10
(c) Counsel is necessary to proceed with discovery. 11
2. If the court determines that the petitioner is unable to pay all 12
necessary costs and expenses incident to the proceedings of the trial 13
court and the reviewing court, including court costs, stenographic 14
services, printing and reasonable compensation for legal services, all 15
costs must be paid from money appropriated to the [office of the 16
State Public Defender] Department of Indigent Defense Services 17
for that purpose. After appropriations for that purpose are exhausted, 18
money must be allocated to the [office of the State Public Defender] 19
Department of Indigent Defense Services from the Reserve for 20
Statutory Contingency Account for the payment of the costs, 21
expenses and compensation. 22
3. After appointment by the court, counsel for the petitioner 23
may file and serve supplemental pleadings, exhibits, transcripts and 24
documents within 30 days after: 25
(a) The date the court orders the filing of a response or answer; 26
or 27
(b) The date of counsel’s appointment, 28
whichever is later. If it has not previously been filed, the response 29
or answer by the respondent must be filed within 15 days after 30
receipt of the supplemental pleadings and include any response to 31
the supplemental pleadings. 32
4. The petitioner shall respond within 15 days after service to a 33
motion by the State to dismiss the action. 34
5. No further pleadings may be filed except as ordered by the 35
court. 36
Sec. 2. NRS 7.155 is hereby amended to read as follows: 37
7.155 Except as otherwise provided in NRS 180.008, the 38
compensation and expenses of an attorney appointed to represent a 39
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defendant must be paid from the county treasury unless the 1
proceedings are based upon a postconviction petition for habeas 2
corpus challenging a judgment of conviction or sentence, in which 3
case the compensation and expenses must be paid from money 4
appropriated to the [Office of State Public Defender,] Department 5
of Indigent Defense Services, but after the appropriation for such 6
expenses is exhausted, money must be allocated to the [Office of 7
State Public Defender] Department of Indigent Defense Services 8
from the Reserve for Statutory Contingency Account for the 9
payment of such compensation and expenses. 10
Sec. 3. 1. This section becomes effective upon passage and 11
approval. 12
2. Sections 1 and 2 of this act become effective: 13
(a) Upon passage and approval for the purpose of adopting any 14
regulations and performing any other preparatory administrative 15
tasks that are necessary to carry out the provisions of this act; and 16
(b) On July 1, 2025, for all other purposes. 17
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