Nevada 2019 Regular Session Status: Enacted

AB 356 — Revises provisions governing criminal procedure. (BDR 3-863)

Last action — Chapter 495.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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 19, 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 procedure; establishing provisions relating to the filing of a petition for a hearing to establish the factual innocence of a person based on newly discovered evidence; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

355 added · 366 removed

355 line(s) added, 366 removed.

→
Previous
Latest
(Reprinted with amendments adopted on June 2, 2019) SECOND REPRINT A.B.
Assembly Bill No.
356 A SSEMBLY B ILLN O.
356–Assemblyman McCurdy CHAPTER..........
356–ASSEMBLYMAN M CC URDY M ARCH 19, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing criminal procedure.
(BDR 3-863) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 6 requires the court to review such a petition to determine whether certain circumstances.
Section 6 requires the court to review such a petition to determine whether the petition satisfies the necessary requirements and to dismiss such a petition in certain circumstances.
and (2) authorizes the petitioner to reply to the response of the district attorney or the Attorney General.
and (2) Attorney General.
Section 7 also provides that if the court determines that the petition satisfies all requirements and that there is a bona fide issue of factual required to order a hearing on the petition.
Section 7 also provides that if the court determines that thethe petition satisfies all requirements and that there is a bona fide issue of factual innocence regarding the charges of which the petitioner was convicted, the court is required to order a hearing on the petition.
(1) vacate - *AB356_R2* – 2 – the petitioner’s conviction and issue an order of factual innocence and exoneration;
(1) vacate the petitioner’s conviction and issue an order of factual innocence and exoneration;
Section 8 of this bill authorizes the court to appoint counsel for an indigent petitioner if the court grants a hearing on a petition filed pursuant to section 6, and section 9 of this bill requires the district attorney to make reasonable efforts to that a petition has been filed if such a victim has indicated a desire to be notified regarding any postconviction proceedings.
Section 8 of this bill authorizes the court to appoint counsel for an indigent petitioner if the court grants a hearing on a petition filed pursuant to section 6, and provide notice to any victim of the crime for which the petitioner was convicted to that a petition has been filed if such a victim has indicated a desire to be notified regarding any postconviction proceedings.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
the context otherwise requires, the words and terms defined int, unless sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
2.
As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec.
“Newly discovered evidence” means evidence that was not available to a petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is material to the determination of the issue of factual innocence, including, without limitation:
“Newly discovered evidence” means evidence that was not available to a petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is material to the determination of the iss1.
1.
ofEvidence that was discovered before or during the:
Evidence that was discovered before or during the applicable period for any direct appeal or postconviction petition for a writ of habeas corpus pursuant to this chapter that served in whole or in part as the basis to vacate or reverse the petitioner’s conviction;
applicable period for any direct appeal or postconviction petition for a writ of habeas corpus pursuant to this chapter that served in whole or in part as the basis to vacate or reverse the petitioner’s conviction;
or - *AB356_R2* – 3 – 3.
or 3.
Forensic scientific evidence is considered to be undermined if new research or information exists that repudiates the foundational validity of scientific evidence or testimony or the applied validity of a scientific method or technique.
Forensic scientific evidence is considered to be undermined if new research or information exists that repudiates the foundational validity of - 80th Session (2019) – 3 – scientific evidence or testimony or the applied validity of a scientific method or technique.
For the purposes of sections 2 to 9, inclusive, of this act, evidence is “material” if the evidence establishes a reasonable probability of a different outcome.
For the purposes of sections 2 to 9, inclusive, of this act, evidence is “material” if the evidence establishes a reasonable proSec.
Sec.
during which a motion for a new trial based on newly discovered evidence may be made pursuant to NRS 176.515, a person who county in which the person was convicted for a hearing tocourt in the establish the factual innocence of the person based on newly discovered evidence.
Sec.
6.
1.
At any time after the expiration of the period during which a motion for a new trial based on newly discovered evidence may be made pursuant to NRS 176.515, a person who has been convicted of a felony may petition the district court in the county in which the person was convicted for a hearing to establish the factual innocence of the person based on newly discovered evidence.
(a) Newly discovered evidence exists that is specifically identified and, if credible, establishes a bona fide issue of factual innocence;
identified and, if credible, establishes a bona fide issue of factual innocence;
(2) Is not merely cumulative of evidence that was known, is not reliant solely upon recantation of testimony by a witness - *AB356_R2* – 4 – against the petitioner and is not merely impeachment evidence;
(2) Is not merely cumulative of evidence that was known, is not reliant solely upon recantation of testimony by a witness against the petitioner and is not merely impeachment evidence;
(c) If some or all of the newly discovered evidence alleged in the petition is a biological specimen, that a genetic marker analysis was performed pursuant to NRS 176.0918, 176.09183 and 176.09187 and the results were favorable to the petitioner;
(c) If some or all of the newly discovered evidence alleged in the petition is a biological specimen, that a genetic marker - 80th Session (2019) – 4 – analysis was performed pursuant to NRS 176.0918, 176.09183 and 176.09187 and the results were favorable to the petitioner;
(a) Neither the petitioner nor the petitioner’s counsel knew of the newly discovered evidence at the time of trial or sentencing or in time to include the evidence in any previously filed post-trial motion or postconviction petition, and the evidence could not have been discovered by the petitioner or the petitioner’s counsel through the exercise of reasonable diligence;
(a) Neither the petitioner nor the petitioner’s counsel knew of in time to include the evidence in any previously filed post-trialr motion or postconviction petition, and the evidence could not have been discovered by the petitioner or the petitioner’s counsel through the exercise of reasonable diligence;
the petition satisfies the requirements of subsection 2.
4.
The court shall review the petition and determine whether the petition satisfies the requirements of subsection 2.
shall dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner, the district attorney and the Attorney General.
(a) Does not meet the requirements of subsection 2, the court shall dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner, the district attorney and the Attorney General.
Show all 75 changed rows (35 more)
Previous
Latest
(1) Dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner, the district attorney and the Attorney General;
(1) Dismiss the petition without prejudice, state the basis the district attorney and the Attorney General;
or (2) Waive the requirements of subsection 3 if the court finds the petition should proceed to a hearing and that there is other evidence that could have been discovered through the exercise of reasonable diligence by the petitioner or the petitioner’s counsel at trial, and the other evidence:
or to the petitioner, (2) Waive the requirements of subsection 3 if the court finds the petition should proceed to a hearing and that there is other evidence that could have been discovered through the exercise of reasonable diligence by the petitioner or the petitioner’s counsel at trial, and the other evidence:
and - *AB356_R2* – 5 – (III) Has never been presented to a court.
and (III) Has never been presented to a court.
Any second or subsequent petition filed by a person must be dismissed if the court determines that the petition fails to identify new or different evidence in support of the factual innocence claim or, if new and different grounds are alleged, the court finds that the failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section constituted an abuse of the writ.
Any second or subsequent petition filed by a person must be dismissed if the court determines that the petition fails to identify new or different evidence in support of the factual - 80th Session (2019) – 5 – innocence claim or, if new and different grounds are alleged, the court finds that the failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section constituted an abuse of the writ.
A person who has already obtained postconviction relief that vacated or reversed the person’s conviction or sentence may also file a petition pursuant to subsection 1 in the same manner and form as described in this section if no retrial or appeal regarding the offense is pending.
A person who has already obtained postconviction relief that vacated or reversed the person’s conviction or sentence may and form as described in this section if no retrial or appealner regarding the offense is pending.
A petition filed pursuant to subsection 1 must include the und10.
A petition filed pursuant to subsection 1 must include the underlying criminal case number.
Except as otherwise provided in sections 2 to 9, inclusive, of this act, the Nevada Rules of Civil Procedure govern all pro11.
10.
As used in this section:on filed pursuant to subsection 1.
Except as otherwise provided in sections 2 to 9, inclusive, of this act, the Nevada Rules of Civil Procedure govern all proceedings concerning a petition filed pursuant to subsection 1.
11.
As used in this section:
(c) “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.
(c) “Genetic marker analysis” has the meaning ascribed to it in Sec.
Sec.
The district attorney or the Attorney General shall, not later than 120 days after receipt of the court’s order requiring a - *AB356_R2* – 6 – response, or within any additional period the court allows, respond to the petition and serve a copy upon the petitioner and, if the district attorney is responding to the petition, the Attorney General.
The district attorney or the Attorney General shall, not later than 120 days after receipt of the court’s order requiring a response, or within any additional period the court allows, respond to the petition and serve a copy upon the petitioner and, if the - 80th Session (2019) – 6 – district attorney is responding to the petition, the Attorney General.
If the court determines that the petition meets the requirements of section 6 of this act and that there is a bona fide issue of factual innocence regarding the charges of which the petitioner was convicted, the court shall order a hearing on the petition.
If the court determines that the petition meets the requirements of innocence regarding the charges of which the petitioner wasf factual convicted, the court shall order a hearing on the petition.
Unless stipulated to by the parties, the court may not grant a hearing on the petition during any period in which appellate court.ings in the matter are pending before any trial or 4.
Unless stipulated to by the parties, the court may not grant a hearing on the petition during any period in which criminal proceedings in the matter are pending before any trial or appellate court.
If the court grants a hearing on the petition, the hearing 150 days after the expiration of the period during which thehan petitioner may reply to the response to the petition by the district attorney or the Attorney General pursuant to subsection 3 unless the court determines that additional time is required for good cause shown.
4.
5.
If the court grants a hearing on the petition, the hearing must be held and the final order must be entered not later than days after the expiration of the period during which the petitioner may reply to the response to the petition by the district attorney or the Attorney General pursuant to subsection 3 unless the court determines that additional time is required for good cau5.
If the court grants a hearing on the petition, the court shall, upon the request of the petitioner, order the preservation of all material and relevant evidence in the possession or control of this State or any agent thereof during the pendency of the proceeding.
shIf the court grants a hearing on the petition, the court shall, upon the request of the petitioner, order the preservation of all material and relevant evidence in the possession or control of this State or any agent thereof during the pendency of the proceeding.
- *AB356_R2* – 7 – 7.
- 80th Session (2019) – 7 – 7.
and (b) Order the sealing of all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.
and (b) Order the sealing of all documents, papers and exhibits in and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.
After a petition is filed pursuant to section 6 of this convicted has indicated a desire to be notified regarding any postconviction proceedings, the district attorney shall make petition has been filed and that indicates the time and place for any hearing that may be held as a result of the petition and the disposition thereof.
After a petition is filed pursuant to section 6 of this act, if any victim of the crime for which the petitioner was convicted has indicated a desire to be notified regarding any postconviction proceedings, the district attorney shall make reasonable efforts to provide notice to such a victim that the petition has been filed and that indicates the time and place for any hearing that may be held as a result of the petition and the disSecs.
Sec.
10 and 11.
10.
11.
(Deleted by amendment.) Sec.
- *AB356_R2* – 8 – Sec.
- 80th Session (2019) – 8 – Sec.
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, events and proceedings relating to the arrest, conviction, dismissal or acquittal.
and been restored to the right to bear arms, unless the person hass not received a pardon and the pardon does not restrict his or her right to bea3.armA person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section.
and (b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.
3.
A person who has had his or her records sealed in this State or any other state and whose official documentation of the written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section.
Sec.
- 80th Session (2019) – 9 – Sec.
The person who is the subject of the records that are sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or - *AB356_R2* – 9 – 458.330 or section 7 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection.
The person who is the subject of the records that are sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 or section 7 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection.
The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, information relating to persons who were involved in the incident recorded.
This section does not prohibit a court from considering a 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595, 453.3365 or 458.330 for a conviction of another offense.
This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 174.034, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 201.354, 453.3365 or 458.330 in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595, 453.3365 or 458.330 for a conviction of another offense.
H - *AB356_R2*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (4)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 495.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. Senate Amendment No. 1064 concurred in. To enrollment.

  5. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 1064.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  7. From committee: Do pass, as amended. Placed on General File. Taken from General File. Placed on General File for next legislative day.

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

  9. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 307.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

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

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"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 civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 356 do?
AN ACT relating to criminal procedure; establishing provisions relating to the filing of a petition for a hearing to establish the factual innocence of a person based on newly discovered evidence; and providing other matters properly relating thereto.
Who sponsors AB 356?
AB 356 is sponsored by William McCurdy II.
What is the current status of AB 356?
This bill has been enacted into law. Introduced March 19, 2019. Enacted.
Where can I track AB 356?
Track AB 356 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 356

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 356

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →