AB 267 — Provides compensation to certain persons who were wrongfully convicted. (BDR 3-657)

(1)(2) The basis for reversing or vacating the judgment of conviction was reversednot legal error that was unrelated to his or vacatedher innocence, and if a court ordered a new trial, the person was found not guilty at the new trial or the person was not retried and the charging document was dismissed;

(2) The basis for reversing or vacating the judgment of conviction was not legal error that was unrelated to his or her innocence, and if a court ordered a new trial, the person was - *AB267_R3* – 4 – found not guilty at the new trial or the person was not retried and the charging document was dismissed;

- 80th Session (2019) – 4 – (a) The difficulty of providing evidence caused by the passage of time;

For the purposes of subsection 2, the following do not constitutebringing committingabout perjury,the fabricatingconviction evidenceof the person:vidence or causing or bringing(a) aboutA theconfession convictionor ofan theadmission person:later found to be false;

(a)or A(b) confessionIf the judgment of conviction was reversed or anvacated admissionand laterthe foundcharging todocument bedismissed, false;a guilty plea for a felony.

or6. the charging document dismissed, a guilty plea for a felony.

andAs 6.used in this section, “innocence” means that a person did not engage in:

As(a) used in this section, “innocence” means that a person did(a) The conduct for which he or she was convicted;

Upon an entry of a certificate of innocence pursuant to subsection 1, the court shall order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada and shall order allallther such records of the person returned to the file of the court where the underlying criminal action was commenced from, including, without limitation, the Federal Bureau of Investigation and all - *AB267_R3* – 5 – other agencies of criminal justice which maintain such records and which are reasonably known by either the person or the court to have possession of such records.

The State of Nevada waives its immunity from liability in any action brought pursuant to section 2 of this act and consents to have its liability determined in accordance with the - 80th Session (2019) – 5 – same rules of law as are applied to civil actions against natural persons and corporations.

All provisions of existing law relating to the absolute or qualified immunity of any judicial officer, prosecutor or law enforcement officer, including all applicable provisions of federal and state law, apply to an action brought pursuant to section 2 of this act.

law, apply to an action brought pursuant to section 2 of Sec.

The initial complaint filed in an action brought pursuant to section 2 of this act must be accompanied by a statement of facts verified by the person and served upon the Attorney General pursuant to the Nevada Rules of Civil Procedure.

be3. tried before a court without a jury.o section 2 of this act must 4.

All proceedings held pursuant to section 2 of this act must be tried before a court without a jury.

4.

(b) If a court ordered a new trial, the person was found not guilty at the new trial or the person was not retried and thetheot charging document was dismissed;

- *AB267_R3* – 6 – Sec.

- 80th Session (2019) – 6 – (2) Eleven to 20 years, $75,000 for each year of imprisonment;

In addition to any damages awarded pursuant to subsectionsub(a) 1,Reasonable theattorney’s fees, not to exceed $25,000, unless a greater amount is authorized by a court mayupon award:a finding of good cause shown.

(a) Reasonable attorney’s fees, not to exceed $25,000, unless a greater amount is authorized by a court upon a finding of good cause shown.

(2) Participation by the person in a health care program of this S(3)State; Programs for reentry into the community for the person;

and(3) (c)Programs Reimbursementfor for:icesreentry into the community for the person;

and (4) Counseling services for the person;

(c) Reimbursement for:

3.must be rounded up to the nearest half year.to subsection 1 4.

Any award of damages issued pursuant to subsection 1 must be rounded up to the nearest half year.

4.

As used in this subsection, “relative” - *AB267_R3* – 7 – means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

- 80th Session (2019) – 7 – Sec.

If a person in an action brought pursuant to section 2 of this act has entered into a settlement agreement with this State related to his or her wrongful conviction, the person is entitled to receive any amount describedof inthe sectionsettlement agreement.tion 7 of this act, less the amount3. of the settlement agreement.

3.

awardedSec. by a court pursuant to section 7 of this act, less any adjustment pursuant to section 8 of this act, a person who was this act must submit a claim to the State Board of Examiners.

8.5.

To recover damages or other monetary relief awarded by a court pursuant to section 7 of this act, less any adjustment pursuant to section 8 of this act, a person who was successful in his or her action brought pursuant to section 2 of this act must submit a claim to the State Board of Examiners.

16.025years 1.of age or older, the court may give preference in setting a date for the trial of the action, unless the court finds that the party does not have a substantial interest in the case as a whole.

Upon the motion of a party to an action who is 70 years of age or older, the court may give preference in setting a date for the trial of the action, unless the court finds that the party does not have a substantial interest in the case as a whole.

- *AB267_R3*80th Session (2019) – 8 – (a) The court shall set a date for the trial of the action that is not more than 120 days after the hearing on the motion;

If the plaintiff in an action seeks to recover damages allegedly caused by a defendant during the commission of acts for which the defendant is convicted of a crime punishable as a felony, the court may, upon the motion of the plaintiff, give preference in setting a date for the trial of the action.

The money in the Account must be (a)expended Theonly paymentfor: of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;8.203, (b) The payment of claims which are obligations of the State pursuant to:

(1)(a) ChapterThe 472payment of NRSclaims arisingwhich fromare operationsobligations of the DivisionState ofpursuant Forestryto ofNRS the41.03435, State41.0347, Department62I.025, of176.485, Conservation179.310, and212.040, Natural212.050, Resources212.070, directly281.174, involving282.290, the282.315, protection288.203, of293.253, life293.405, 353.120, 353.262, 412.154 and property;475.235;

(b) The payment of claims which are obligations of the State pursuan(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property;

[and] - 80th Session (2019) – 9 – (d) The payment of claims which are obligations of the State pursuant to section 7 of this act;

and - *AB267_R3* – 9 – (e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

person3. designated by the Clerk, under such circumstances as ita deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account.

ForThe State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.

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