(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT S.B. 350
- *SB350_R1*
SENATE BILL NO. 350–SENATOR OHRENSCHALL
MARCH 13, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the death penalty.
(BDR 14-1110)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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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 criminal procedure; extending the time for
which a judgment of death must be executed; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, when a judgment of death is pronounced, a judge is 1
required to issue a warrant that appoints the week in which the judgment is to be 2
executed. Existing law requires the appointed week to be not less than 60 days and 3
not more than 90 days from the time the judgment was pronounced. (NRS 176.345) 4
Section 1 of this bill instead requires the appointed week: (1) to be not less than 5
180 days nor more than 270 days from the time of judgment; or (2) if there is any 6
warrant in any case appointing a week within which the judgment is to be executed 7
in force at the time a new warrant is issued, to be not less than 180 days nor more 8
than 270 days from the latest date appointed for execution of the judgment. 9
Under existing law, if for any reason a judgment of death has not been executed 10
and it remains in force, the court which rendered the judgment of death may draw a 11
new warrant. Existing law requires the new warrant to appoint a week in which the 12
judgment is to be executed that is not less than 15 days nor more than 30 days after 13
the date of the warrant. (NRS 176.495) Section 2 of this bill instead requires the 14
appointed week to be not less than 180 days nor more than 270 days after the date 15
of the warrant, and in any event, not less than 180 days nor more than 270 days 16
from the latest date appointed by any warrant in any case for execution of the 17
judgment. 18
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.345 is hereby amended to read as follows: 1
176.345 1. When a judgment of death has been pronounced, 2
a certified copy of the judgment of conviction must be forthwith 3
executed and attested in triplicate by the clerk under the seal of the 4
court. There must be attached to the triplicate copies a warrant 5
signed by the judge, attested by the clerk, under the seal of the court, 6
which: 7
(a) Recites the fact of the conviction and judgment; 8
(b) Appoints a week, the first day being Monday and the last 9
day being Sunday, within which the judgment is to be executed, 10
which must [not] : 11
(1) Except as otherwise provided in subparagraph (2), be 12
not less than [60] 180 days nor more than [90] 270 days from the 13
time of judgment; or 14
(2) If there is any warrant in any case appointing a week 15
within which the judgment is to be executed in force at the time a 16
new warrant is issued pursuant to this section, be not less than 180 17
days nor more than 270 days from the latest date appointed for the 18
judgment to be executed; and 19
(c) Directs the sheriff to deliver the prisoner to such authorized 20
person as the Director of the Department of Corrections designates 21
to receive the prisoner, for execution. The prison must be designated 22
in the warrant. 23
2. The original of the triplicate copies of the judgment of 24
conviction and warrant must be filed in the office of the county 25
clerk, and two of the triplicate copies must be immediately delivered 26
by the clerk to the sheriff of the county. One of the triplicate copies 27
must be delivered by the sheriff, with the prisoner, to such 28
authorized person as the Director of the Department of Corrections 29
designates, and is the warrant and authority of the Director for the 30
imprisonment and execution of the prisoner, as therein provided and 31
commanded. The Director shall return the certified copy of the 32
judgment of conviction to the county clerk of the county in which it 33
was issued. The other triplicate copy is the warrant and authority of 34
the sheriff to deliver the prisoner to the authorized person 35
designated by the Director. The final triplicate copy must be 36
returned to the county clerk by the sheriff with the sheriff’s 37
proceedings endorsed thereon. 38
Sec. 2. NRS 176.495 is hereby amended to read as follows: 39
176.495 1. If for any reason a judgment of death has not been 40
executed, and it remains in force, the court in which the conviction 41
was had must, upon the application of the Attorney General or the 42
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district attorney of the county in which the conviction was had, 1
cause another warrant to be drawn, signed by the judge and attested 2
by the clerk under the seal of the court, and delivered to the Director 3
of the Department of Corrections. 4
2. The warrant must state the conviction and judgment and 5
appoint a week, the first day being Monday and the last day being 6
Sunday, within which the judgment is to be executed. The first day 7
of that week must be not less than [15] 180 days nor more than [30] 8
270 days after the date of the warrant [.] and, in any event, be not 9
less than 180 days nor more than 270 days from the latest date 10
appointed by any warrant in any case for the judgment to be 11
executed. 12
3. The Director shall execute a sentence of death within the 13
week the judgment is to be executed, as designated by the district 14
court. The Director may execute the judgment at any time during 15
that week if a stay of execution is not entered by a court of 16
appropriate jurisdiction. 17
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