A.B. 63
- *AB63*
ASSEMBLY BILL NO. 63–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE ATTORNEY GENERAL)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to civil actions for
wrongful conviction. (BDR 3-440)
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 actions concerning persons; revising provisions
relating to civil actions for wrongful conviction; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a person who is not currently incarcerated for any 1
offense to bring a civil action for his or her wrongful conviction against this State in 2
a district court seeking damages or other relief. (NRS 41.900) Section 1 of this bill 3
instead authorizes a person who is not currently in custody to bring such a civil 4
action. 5
If a person brings an action for wrongful conviction which results in the court 6
entering a certificate of innocence, existing law requires the court to award 7
monetary damages based upon the length of time for which the person was 8
imprisoned and for which the person was on parole or required to register as a sex 9
offender. Existing law additionally authorizes the court to award, in addition to 10
monetary damages, reasonable attorney’s fees, certain reimbursements and, subject 11
to a limitation of $100,000 in a calendar year, payment for the cost of: (1) tuition, 12
books and fees for the person to enroll in any course or academic program at an 13
institution operated by the Nevada System of Higher Education; (2) participation in 14
Medicare or Medicaid or a qualified health plan; (3) programs for reentry into the 15
community; (4) counseling services; (5) housing assistance; and (6) programs for 16
assistance for financial literacy. Finally, existing law also authorizes the court to 17
award any other relief, which is not subject to the limitation of $100,000 in a 18
calendar year. (NRS 41.950) Section 2 of this bill makes any other relief awarded 19
by the court subject to the limitation of $100,000 in a calendar year. 20
Section 3 of this bill clarifies that the amendatory provisions of this bill apply 21
to an action for wrongful conviction that is filed on or after the effective date of this 22
bill. 23
– 2 –
- *AB63*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.900 is hereby amended to read as follows: 1
41.900 1. A person who is not currently [incarcerated] in 2
custody for any offense may bring a civil action for his or her 3
wrongful conviction against this State in a district court seeking 4
damages or other relief provided by NRS 41.950. 5
2. The court shall award damages for wrongful conviction in 6
accordance with NRS 41.950 if the person proves by a 7
preponderance of the evidence that: 8
(a) He or she was convicted of a felony in this State and was 9
subsequently imprisoned for the conviction; 10
(b) He or she did not commit the felony for which he or she was 11
convicted and the person: 12
(1) Was not an accessory or accomplice to the acts that were 13
the basis of the conviction; 14
(2) Did not commit the acts that were the basis of the 15
conviction; and 16
(3) Did not aid, abet or act as an accomplice or accessory to a 17
person who committed the acts that were the basis of the conviction; 18
(c) He or she was not convicted of an offense necessarily 19
included in the offense charged; 20
(d) Any of the following occurred: 21
(1) The judgment of conviction was reversed or vacated and 22
the charging document was dismissed; 23
(2) The basis for reversing or vacating the judgment of 24
conviction was not legal error that was unrelated to his or her 25
innocence, and if a court ordered a new trial, the person was found 26
not guilty at the new trial or the person was not retried and the 27
charging document was dismissed; or 28
(3) The person was pardoned by the State Board of Pardons 29
Commissioners on the grounds that he or she was innocent; and 30
(e) The person did not commit perjury or fabricate evidence at 31
the criminal proceeding that brought about his or her felony 32
conviction and the person did not by his or her own conduct cause 33
or bring about his or her felony conviction. 34
3. The court, in exercising its discretion as permitted by law 35
regarding the weight and admissibility of evidence, may, in the 36
interest of justice, give due consideration to: 37
(a) The difficulty of providing evidence caused by the passage 38
of time; 39
(b) The death or unavailability of a witness; 40
(c) The destruction of evidence; or 41
– 3 –
- *AB63*
(d) Any other factor not caused by the person or any other 1
person acting on his or her behalf. 2
4. The court may appoint an attorney to aid a person in an 3
action brought pursuant to this section. 4
5. For the purposes of subsection 2, the following do not 5
constitute committing perjury, fabricating evidence or causing or 6
bringing about the conviction of the person: 7
(a) A confession or an admission later found to be false; or 8
(b) If the judgment of conviction was reversed or vacated and 9
the charging document dismissed, a guilty plea for a felony. 10
6. As used in this section, “innocence” means that a person did 11
not engage in: 12
(a) The conduct for which he or she was convicted; and 13
(b) Any conduct constituting a lesser included or inchoate 14
offense of the crime for which he or she was convicted. 15
Sec. 2. NRS 41.950 is hereby amended to read as follows: 16
41.950 1. In an action brought pursuant to NRS 41.900 which 17
results in the court entering a certificate of innocence pursuant to 18
NRS 41.910, the court shall award the person: 19
(a) If the person was imprisoned for: 20
(1) One to 10 years, $50,000 for each year the person was 21
imprisoned for his or her wrongful conviction; 22
(2) Eleven to 20 years, $75,000 for each year the person was 23
imprisoned for his or her wrongful conviction; or 24
(3) Twenty-one years or more, $100,000 for each year the 25
person was imprisoned for his or her wrongful conviction; and 26
(b) Not less than $25,000 for each year the person was on parole 27
or not less than $25,000 for each year the person was required to 28
register as a sex offender, whichever period of time was greater. 29
2. In addition to any damages awarded pursuant to subsection 30
1, the court may award: 31
(a) Reasonable attorney’s fees, not to exceed $25,000, unless a 32
greater amount is authorized by a court upon a finding of good 33
cause shown. 34
(b) Subject to the limitations in subsection 6, [payment] 35
reimbursement for the cost of: 36
(1) Tuition, books and fees for the person to enroll in any 37
course or academic program at an institution operated by the 38
Nevada System of Higher Education commenced not later than 3 39
years and completed not later than 10 years after the date the award 40
of damages is issued pursuant to subsection 1. 41
(2) Participation by the person in Medicare or Medicaid, if 42
the person is eligible for Medicare or Medicaid, or a qualified health 43
plan offered on the health insurance exchange administered by the 44
Silver State Health Insurance Exchange which has been designated 45
– 4 –
- *AB63*
by the Exchange as a Bronze or Silver plan, if the person is not 1
eligible for Medicare or Medicaid. The court shall not award 2
payment pursuant to this subparagraph for any period in which the 3
person is enrolled in an employer-based health insurance plan. 4
(3) Programs for reentry into the community for the person 5
commenced not later than 3 years and completed not later than 5 6
years after the date the award of damages is issued pursuant to 7
subsection 1. 8
(4) Counseling services for the person commenced not later 9
than 2 years after the date the award of damages is issued pursuant 10
to subsection 1. 11
(5) Housing assistance in an amount not greater than $15,000 12
per year. 13
(6) Programs for assistance for financial literacy for the 14
person commenced not later than 2 years and completed not later 15
than 3 years after the date the award of damages is issued pursuant 16
to subsection 1. 17
(7) Any other relief. 18
(c) Reimbursement for: 19
(1) Restitution ordered to be paid by the person in the 20
criminal proceeding for which he or she was wrongfully convicted; 21
and 22
(2) Medical care paid for by the person while he or she was 23
imprisoned for his or her wrongful conviction. 24
[(d) Any other relief.] 25
3. Any award of damages issued pursuant to subsection 1 must 26
be rounded up to the nearest half year. 27
4. A court shall not award and a person shall not receive 28
compensation for any period of imprisonment during which the 29
person was concurrently serving a sentence for a conviction of 30
another offense for which the person was lawfully convicted and 31
imprisoned. 32
5. If counseling services are awarded to the person pursuant to 33
subsection 2, the person may select a relative to receive counseling 34
with the person. As used in this subsection, “relative” means a 35
person who is related by blood, adoption, marriage or domestic 36
partnership within the third degree of consanguinity or affinity. 37
6. A court shall not award payment pursuant to paragraph (b) 38
of subsection 2: 39
(a) In an amount greater than $100,000 in a calendar year. 40
(b) For a length of time that exceeds the period of time 41
described in subsection 1 during which the person was imprisoned 42
or on parole. 43
7. As used in this section, “qualified health plan” has the 44
meaning ascribed to it in NRS 695I.080. 45
– 5 –
- *AB63*
Sec. 3. The amendatory provisions of this act apply to an 1
action for wrongful conviction that is filed on or after the effective 2
date of this act. 3
Sec. 4. This act becomes effective upon passage and approval. 4
H