AB 222 — Revises provisions relating to specialty courts. (BDR 14-842)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2019) THIRD REPRINT A.B.

222222–Committee ASSEMBLYon BILLJudiciary NOCHAPTER.......... .

222–COMMITTEE ON JUDICIARY F EBRUARY 21, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to specialty courts.

(BDR 14-842) 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.

(NRS 176A.260) The Nevada Supreme Court has held that subsection 2 of NRS 176A.290, which provides that the court may not assign a defendant who is a veteran or member of the military to a program without the prosecuting attorney stipulating to (Statethe v.assignment, violates the separation of powers clause in the Nevada Constitution.

Hearn,language 134providing Nev.for such a stipulation by the prosecuting attorney is severable from the statute, thereby rendering all defendants who committed a violent offense or who have previously been convicted of a violent felony ineligible for assignment to the program.

Adv.

Op.

96 (2018)) The Court further held that thetution.

language providing for such a stipulation by the prosecuting attorney is severable *AB222_R3* – 2 – from the statute, thereby rendering all defendants who committed a violent offense or who have previously been convicted of a violent felony ineligible for assignment to the program.

(1) remove the language in the statute found unconstitutional by the Nevada Supreme Court that requires the stipulation by the prosecuting attorney before the court may assign to the program a defendant who committed a violent offense or who has previouslyhas beencommitted convicteda ofcategory A felony or a violentsexual felony;offense punishable as a category Bwho felony is ineligible for assignment to the program.

andSection (2)1 provideof thatthis abill, defendantwhich who has committed a category A felony or a sexual offense punishable as a category B pertains to a program of treatment for defendants with mental illness or intellectual disabilities, makes similar changes.

Existing law authorizes a district court, justice court or municipal court, as applicable, to, without entering a judgment of conviction, suspend further proceedings and place a defendant on probation and require the defendant to complete a program for defendants who are veterans or members of the military under certain circumstances.

Upon the defendant’s fulfillment of the terms and conditions of the program, existing law requires the district court, justice court or - 80th Session (2019) – 2 – municipal court, as applicable, to discharge the defendant and dismiss the proceedings.

(1) retains existing law as applicable to justiceenter courtsa judgment of conviction against the defendant for certain felony or grossurt misdemeanor offenses before placing the defendant on probation and municipalrequiring courts;the defendant to complete the program for defendants who are veterans or members of the military.

and (2) authorizes a district court to enter a judgment of conviction against the defendant for certain felony or gross defendant to complete the program for defendants who are veterans or members ofe the military.

(1) has previously been convicted of a felony under certain circumstances;the defendant has been previously convicted of a felony or has previously failed toIf complete a specialty court program, section 3 authorizes the district court to discharge and dismiss the proceedings against or set aside the judgment of conviction of the defendant.

or (2) has previously failed to complete a specialty court program.

If the defendant has been previously convicted of a felony or has previously failed to complete a specialty court program, section 3 authorizes the district court to discharge and dismiss the proceedings against or set aside the judgment of conviction of the defendant.

EXPLANATION – Matter in bolded italics is new;

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

Except as otherwise provided in subsection 2, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any *AB222_R3* – 3 – offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may [, without] :

If the offense committed by the defendant [involved the use or threatened use of force or violence or if the defendant was - 80th Session (2019) – 3 – previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.] is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony, the defendant is not eligible for assignment to the program.

(a) The court may enter a judgment of conviction , if applicable, anddefendant proceedwas ascharged.d provided in the section pursuant to which the (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant wasto charged.the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

or (2)program.) Has previously failed to complete a specialty court program.5.

*AB222_R3* – 4 – 5.

The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, - 80th Session (2019) – 4 – indictment, information or trial in response to an inquiry made of the defendant for any purpose.

[the defendant:] (a) [Has previously been assigned to such a program;] The offense committed by the defendant was a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a categorycat(b) B[Was] felony;The defendant was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.

or (b) [Was] The defendant was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.

(1) Without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program establishedestablishedclude pursuant to NRS 176A.280 [.] ;

or (2) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include *AB222_R3* – 5 – attendance and successful completion of a program established pursuant to NRS 176A.280;

- 80th Session (2019) – 5 – 2.

For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the district court, justice court or municipalcircumstancesrt, court,surroundingle, asthelloffense,r applicable,tincluding,nd shall consider the facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.