Nevada 2019 Regular Session Status: Enacted

AB 112 — Revises provisions governing the Advisory Commission on the Administration of Justice. (BDR 14-589)

Last action — Chapter 339.

  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 January 30, 2019. Enacted.

Prognosis

Advancing 50% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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.

Summary

AN ACT relating to criminal justice; revising certain provisions governing the Advisory Commission on the Administration of Justice; repealing certain subcommittees of the Advisory Commission; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

248 added · 335 removed

248 line(s) added, 335 removed.

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(Reprinted with amendments adopted on May 23, 2019) FIRST REPRINT A.B.
Assembly Bill No.
112 A SSEMBLY B ILLN O.
112–Committee on Judiciary CHAPTER..........
112–COMMITTEE ON JUDICIARY PREFILED JANUARY 30, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the Advisory Commission on the Administration of Justice.
(BDR 14-589) 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.
Justice and directs the Advisory Commission, among other duties, to identify and study the elements of this State’s system of criminal justice.
Existing law establishes the Advisory Commission on the Administration of Justice and directs the Advisory Commission, among other duties, to identify and study the elements of this State’s system of criminal justice.
(NRS 176.0123, 176.0125) Sections 2 and 3 of this bill revise the duties of the Advisory Commission.
(NRS Commission.
(1) removes language specifying certain duties of the the discretion of the Chair of the Advisory Commission, to identify and studyt certain elements of this State’s system of criminal justice;
(1) removes language specifying certain duties of thedvisory Advisory Commission and instead generally requires the Advisory Commission, at the discretion of the Chair of the Advisory Commission, to identify and study certain elements of this State’s system of criminal justice;
Section 3 requires the Advisory Commission to evaluate and review the submittal, storage and testing of sexual assault forensic evidence kits.
Section 3 requires the Advisory Commission to evaluate and reviExisting law establishes and prescribes the duties of various subcommittees of.
Existing law establishes and prescribes the duties of various subcommittees of Juvenile Justice;
the Advisory Commission.
Such subcommittees include:
(1) the Subcommittee on Juvenile Justice;
Finally, section 1 of this bill:
Advisory Commission serve as the Chair of the Advisory Commission;
(1) requires that a legislative member of the Advisory Commission serve as the Chair of the Advisory Commission;
and (2)r of the requires an officer or employee of this State or a political subdivision of this State who is a member of the Advisory Commission to be relieved from his or her duties as an officer or employee to prepare, attend meetings and perform work for the Advisory Commission without loss of his or her regular compensation.
and (2) who is a member of the Advisory Commission to be relieved from his or her duties State - *AB112_R1* – 2 – as an officer or employee to prepare, attend meetings and perform work for the Advisory Commission without loss of his or her regular compensation.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(b) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;
- 80th Session (2019) – 2 – (b) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;
(e) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(e) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the gov(f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;
(f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;
(m) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;
(m) One member who is a member of the State Board of Parole Commissioners;
- *AB112_R1* – 3 – (n) The Director of the Department of Corrections;
appointed by the State Board of Parole (n) The Director of the Department of Corrections;
2.
- 80th Session (2019) – 3 – 2.
The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Commission.
The Legislators who are members of the Commission are of the Legislature during the first 60 days of the preceding sessions for each day’s attendance at a meeting of the Commission.
A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable.
A member of the Commission who is an officer or employee of this State or a political subdivision of this State must compensation so that he or she may prepare for and attendr meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable.
A state agency or political subdivision of this State - *AB112_R1* – 4 – shall not require an officer or employee who is a member of the Commission to:
A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to:
Sec.
- 80th Session (2019) – 4 – Sec.
[Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:
[Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and mak(a) Policies relating to parole;
(a) Policies relating to parole;
(a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court;
evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court;
- *AB112_R1* – 5 – (a) State Board of Pardons Commissioners to consider an application for clemency;
(a) State Board of Pardons Commissioners to consider an application for clemency;
Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.
Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the - 80th Session (2019) – 5 – accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.
(a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;
(a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;
For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation.
For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended Commission’saininfindings adandistranyon recommendationshis Softe,thee Commission for proposed legislation.
- *AB112_R1* – 6 – Sec.
Sec.
Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History.
Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal - 80th Session (2019) – 6 – justice agencies in this State and the Central Repository for Nevada Records of Criminal History.
Show all 101 changed rows (61 more)
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For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation.
For each regular session of the Legislature, prepare a changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation.
The department or division designated by the Attorney General pursuant to section 1.7 of this act to establish a statewide program to track sexual assault forensic evidence kits shall, on or before July 1, 2021, submit to the Governor and the [Subcommittee to Review DNA of the] Advisory Commission on the Administration of Justice [created by NRS 176.01246, as amended by section 3.1 of this act,] a report concerning the status of the program and a plan for launching the program, including a plan for phased implementation.
The department or division designated by the Attorney General pursuant to section 1.7 of this act to establish a statewide program to track sexual assault forensic evidence kits shall, on or before July 1, 2021, submit to the Governor and the [Subcommittee to Review DNA of the] Advisory Commission on the Administration of Justice [created by NRS 176.01246, as amended by section 3.1 of this act,] a report concerning the status of the program and a plan for launching the program, including a plan for phased Sec.
5.emeSection 8 of chapter 431, Statutes of Nevada 2017, at page 2891, is hereby amended to read as follows:
5.
Section 8 of chapter 431, Statutes of Nevada 2017, at page 2891, is hereby amended to read as follows:
Sec.
- *AB112_R1* – 7 – Sec.
Sec.
NRS 176.0124, 176.01245, 176.01246 and 1762.12Section 3.1 of chapter 431, Statutes of Nevada 2017, at page 2889, is hereby repealed.
NRS 176.0124, 176.01245, 176.01246 and 176.01247 are hereby repealed.
Sec.
- 80th Session (2019) – 7 – 2.
Section 3.1 of chapter 431, Statutes of Nevada 2017, at page 288Sec.
LEADLINES OF REPEALED SECTIONS OF NRS AND TEXT OF REPEALED SECTIONS OF STATUTES OF NEVADA 176.0124 Subcommittee on Juvenile Justice:
~~~~~ 19 - 80th Session (2019)
Creation;
Cha176.01245 Subcommittee on Victims of Crime:
Creation;
Chair;
members;
duties;
salaries and per diem.
176.01246 Subcommittee to Review Arrestee DNA:
Creation;
Chair;
members;
duties;
salaries and per diem.
176.01247 Subcommittee on Medical Use of Marijuana:
Creation;
Chair;
members;
duties;
salaries and per diem.
Section 3.1 of chapter 431, Statutes of Nevada 2017, at page 2889:
Sec.
3.1.
NRS 176.01246 is hereby amended to read as follows:
176.01246 1.
There is hereby created the Subcommittee to Review DNA of the Commission.
2.
The Chair of the Commission shall appoint the members of the Subcommittee which must include, without limitation:
(a) A member experienced in defending criminal actions.
(b) A member of a minority community organization whose mission includes the protection of civil rights for minorities.
3.
The Chair of the Commission shall designate one of the members of the Subcommittee as Chair of the Sub4.
The Subcommittee shall meet at the times and places specified by a call of the Chair.
A majority of the members of the Subcommittee constitutes a quorum, and a quorum may - *AB112_R1* – 8 – Subcommittee.y power or authority conferred on the 5.
The Subcommittee shall consider issues relating to DNA and shall evaluate, review and submit a report to the Commission with recommendations concerning such issues.
The issues considered by the Subcommittee and the report submitted by the Subcommittee must include, without limitation:
(a) The costs and procedures relating to the methods, implementation and utilization of the provisions for the destruction of biological specimens and purging of DNA profiles and DNA records of arrested persons;
(b) The collection and review of information concerning the number of requests for the destruction of biological specimens and purging of DNA profiles and DNA records of arrested persons and the number and percentage of such requests that are denied;
and forensic evidence kits, including, without limitation, thelt review of any report required pursuant to section 1.7 of this act.
6.
Any Legislators who are members of the Subcommittee are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Subcommittee.
7.
While engaged in the business of the Subcommittee, to the extent of legislative appropriation, each member of the Subcommittee is entitled to receive the per diem allowance and travel expenses as provided for state officers and employees generally.
8.
As used in this section:
(a) “Biological specimen” has the meaning ascribed to it in N(b) “DNA”112.
has the meaning ascribed to it in NRS 176.09114.
(c) “DNA profile” has the meaning ascribed to it in NRS 176.09115.
(d) “DNA record” has the meaning ascribed to it in NRS 176.09116.
(e) “Sexual assault forensic evidence kit” has the meaning ascribed to it in NRS 200.364.
H - *AB112_R1*
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Amendments

1 amendment

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Action History

  1. Chapter 339.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 806 concurred in. To enrollment.

  5. In Assembly.

  6. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Not voting: 1.) To Assembly.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 806.) To printer.

  8. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  9. Read third time. Passed. Title approved. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  10. Read second time.

  11. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  12. From committee: Do pass.

  13. Read first time. To committee.

  14. From printer.

  15. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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Frequently asked questions

What does AB 112 do?
AN ACT relating to criminal justice; revising certain provisions governing the Advisory Commission on the Administration of Justice; repealing certain subcommittees of the Advisory Commission; and providing other matters properly relating thereto.
Who sponsors AB 112?
AB 112 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 112?
This bill has been enacted into law. Introduced January 30, 2019. Enacted.
Where can I track AB 112?
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