AB 453 — Establishes conditional plea agreements in criminal cases. (BDR 14-1065)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

453453–Assemblyman AYeager SSEMBLYCHAPTER.......... B ILLN O.

453–ASSEMBLYMAN YEAGER M ARCH 27, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Establishes conditional plea agreements in criminal cases.

(BDR 14-1065) 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.

Existing law sets forth the types of pleas and the procedure for entering pleas in criminal proceedings.

(NRS 174.035) This bill establishes the procedure for aapleas in defendant and the district attorney to enter into a written conditional plea agreement.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

SectionSections 1.1 and 2.

2.

(Deleted by amendment.) Sec.

- *AB453_R1* – 2 – 2.

A defendant who has entered a plea of guilty but mentally ill has the burden of - 79th Session (2017) – 2 – establishing the defendant’s mental illness by a preponderance of the evidence.

Except as otherwise provided by specific statute, a defendant who enters such a plea is subject to the same criminal, civil and administrative penalties and procedures as a defendant who pleadsple[5.] guilty.6.ltyThe defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity.

[5.] 6.

The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity.

- *AB453_R1* – 3 – [7.] 8.

or (b) The maximum prison sentence is more than 10 years, ¬ unless the plea bargain is set forth in writing and signed by the defendant, the defendant’s attorney, if the defendant is represented by counsel, and the prosecuting attorney.

- 79th Session (2017) – 3 – (b) “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

(b) The defendant has established by a preponderance of the evidence that due to a disease or defect of the mind, the defendant waswas(c) mentallyThe illdefendant athas thenot timeestablished by a preponderance of the commissionevidence ofthat the offense;defendant is not guilty by reason of insanity pursuant to subsection [5] 6 of NRS 174.035.

and (c) The defendant has not established by a preponderance of the evidence that the defendant is not guilty by reason of insanity pursuant to subsection [5] 6 of NRS 174.035.

- *AB453_R1* – 4 – 4.

(a) “Disease or defect whichof isthe causedmind” solelydoes bynot voluntaryinclude intoxication.aa disease or (b)defect “Nationalwhich Instantis Criminalcaused Backgroundsolely Checkby System”voluntary hasintoxication. the meaning ascribed to it in NRS 179A.062.

H(b) -“National *AB453_R1*Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

~~~~~ 17 - 79th Session (2017)