Nevada 2017 Regular Session Status: Enacted 1 D cosponsors

AB 326 — Revises provisions relating to reports of presentence investigations and general investigations. (BDR 14-1117)

Last action — Approved by the Governor. Chapter 554.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2017. Enacted.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    3 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

97 added · 112 removed

97 line(s) added, 112 removed.

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EXEMPT (Reprinted with amendments adopted on June 3, 2017) SECOND REPRINT A.B.
Assembly Bill No.
326 ASSEMBLY B ILLN O.
326–Assemblymen McCurdy II, Yeager;
326–A SSEMBLYMEN M CC URDY II, YEAGER ;AND FUMO M ARCH 20, 2017 ____________ JOINT SPONSOR :
and Fumo Joint Sponsor:
SENATOR SEGERBLOM ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to reports of presentence investigations and general investigations.
Senator Segerblom CHAPTER..........
(BDR 14-1117) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(NRS 176.145) Existing law also generally requires the Division to disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court the factual content of the report of any presentence investigation and the recommendations of the Division not later than 14 calendar days before the defendant will be sentenced.
(NRS 176.145) Existing law also generally requires the Division to disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court the factual content of the report of any presentence investigation and the recommendations of the Division not later than calendar days before the defendant will be sentenced.
(NRS 176.153) presentence investigation any information relating to the defendant being affiliatedy with or a member in a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division is required to provide with the information disclosed, before the defendant will be sentenced, copies of all - *AB326_R2* – 2 – documentation relied upon by the Division as a basis for including such information in the report.
(NRS 176.153) presentence investigation any information relating to the defendant being affiliatedny with or a member in a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division is required to provide with the information disclosed, before the defendant will be sentenced, copies of all documentation relied upon by the Division as a basis for including such infoExisting law requires the Division to afford an opportunity to the prosecuting attorney, the counsel for the defendant and the defendant to object to factual errors in a report of any presentence investigation or general investigation.
attorney, the counsel for the defendant and the defendant to object to factual errors in a report of any presentence investigation or general investigation.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Except as otherwise provided in [this section,] subsection 3, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later than 14 calendar days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division.
Except as otherwise provided in [this section,] subsection 3, the Division shall disclose to the prosecuting attorney, the counsel for the defendant, the defendant and the court, not later - 79th Session (2017) – 2 – than 14 calendar days before the defendant will be sentenced, the factual content of the report of any presentence investigation made pursuant to NRS 176.135 and the recommendations of the Division.
In addition to the disclosure requirements set forth in subsection 1, if the Division includes in the report of any presentence investigation made pursuant to NRS 176.135 any information relating to the defendant being affiliated with or a member in a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
In addition to the disclosure requirements set forth in presentence investigation made pursuant to NRS 176.135 anyy information relating to the defendant being affiliated with or a member in a criminal gang and the Division reasonably believes such information is disputed by the defendant, the Division shall provide with the information disclosed pursuant to subsection 1 copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.
¬ The Division shall afford an opportunity to each party to object to factual errors in any such report and to comment on any - *AB326_R2* – 3 – recommendations.
¬ The Division shall afford an opportunity to each party to object to recommendations.
Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence investigation or general investigation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Division concerning the mental health of:
Unless otherwise ordered by a court, upon request, the Division shall disclose the content of a report of a presentence - 79th Session (2017) – 3 – investigation or general investigation to the Division of Public and Behavioral Health of the Department of Health and Human Services for the limited purpose of performing its duties, including, without limitation, evaluating and providing any report or information to the Div(a) A sex offender as defined in NRS 213.107;
(a) A sex offender as defined in NRS 213.107;
inclusive, a report of a presentence investigation or generalo 4, investigation and the sources of information for such a report are confidential and must not be made a part of any public record.
5.
Except for the disclosures required by subsections 1 to 4, inclusive, a report of a presentence investigation or general investigation and the sources of information for such a report are confidential and must not be made a part of any public record.
H - *AB326_R2*
~~~~~ 17 - 79th Session (2017)
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How this bill changes current law

5 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends laws regarding presentence investigation reports by adding requirements for disclosing gang-related information and allows for the correction of these reports after sentencing under certain conditions.

  • NRS 176.153

    this section, → subsection 3,

    Clarifies the exceptions to the disclosure requirement.

  • NRS 176.153

    [this section.] → subsection 1.

    Allows a defendant to waive the minimum disclosure period.

  • NRS 176.153

    copies of all documentation relied upon by the Division as a basis for including such information in the report, including, without limitation, any field interview cards.

    Requires the Division to provide documentation if gang affiliation information in the report is disputed by the defendant.

  • NRS 176.156

    [,] and, if applicable, provide the documentation required pursuant to subsection 2 of NRS 176.153, → and the recommendations of the Division,

    Combines the requirements for disclosing the recommendations with the factual content provision.

  • NRS 176.156

    the court may order the Division to correct the contents of any such report following sentencing of the defendant if, within 180 days after the date on which the judgment of conviction was entered, the prosecuting attorney and the defendant stipulate to correcting the contents of any such report.

    Establishes a procedure for correcting reports post-sentencing if both parties agree.

Action History

  1. Approved by the Governor. Chapter 554.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 1109 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 1109.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Judiciary. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 30, Nays: 10, Excused: 2.) To Senate.

  13. Placed on General File.

  14. From committee: Do pass, as amended.

  15. From printer. To engrossment. Engrossed. First reprint . To committee.

  16. Notice of exemption.

  17. Read second time. Amended. (Amend. No. 344.) Rereferred to Committee on Ways and Means. To printer.

  18. From committee: Amend, and do pass as amended.

  19. From printer. To committee.

  20. Read first time. Referred to Committee on Corrections, Parole, and Probation. To printer.

Sponsors

Sponsorship breakdown

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3 sponsors · 1 co-sponsors · 63 not signed on

Sponsors (3)

Co-sponsors (1)

Not signed on (63)

63 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

Who sponsors AB 326?
AB 326 is sponsored by Yeager, Steve (Democratic), William McCurdy II, Ozzie Fumo, and Tick Segerblom.
What is the current status of AB 326?
This bill has been enacted into law. Introduced March 20, 2017. Enacted.
Where can I track AB 326?
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