Struck = removed from the bill ·
added = the amendment's new text.
(ReprintedSession with(80th) amendmentsA adoptedAB148 on389 AprilAmendment 17,No. 2019) FIRST REPRINT A.B.
148389 AAssembly SSEMBLYAmendment Bto ILLNAssembly O.Bill No.
148–A148 SSEMBLYMAN(BDR F14-121) UMOProposed FEBRUARYby: 15, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing plea agreements.
Assembly Committee on Judiciary Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
No ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
BAW - Date:
4/14/2019 A.B.
No.
148—Revises provisions governing plea agreements.
(BDR 14-121) Page 1 of 8 *A_AB148_389* Assembly Amendment No.
389 to Assembly Bill No.
148 Page 3 A SSEMBLY BILLN O.
148–ASSEMBLYMAN FUMO FEBRUARY 15, 2019 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing plea agreements.
(NRS 174.035) Section 1 of this bill provides that if a defendant and the district attorney enter into a stipulated agreement as a result of any negotiations between the defendant and the district attorney, such an agreement must be treated as a conditional plea agreement that is subject to acceptance by the court.
Existing law also provides that if a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement is required to be substantially in a mustcertain notform. contain any information other than the information required by law.eement THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 174.063) Section 2 of this bill provides that such an agreement must not contain any information other than the information required by law.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
If a plea of guilty or guilty but mentally ill is made orally, the court shall not accept such a plea or a - *AB148_R1* – 2 – plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.
4.Assembly Amendment No.
389 to Assembly Bill No.
148 Page 4 4.
- *AB148_R1* – 3 – [8.] 9.
CaseAssembly Amendment No.
...........................................................389 to Assembly Bill No.
148 Page 5 Case No.
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4 IN THE ..................
JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF............., 7 The State of Nevada, PLAINTIFF, v.
(List charges to which defendant is pleading guilty or guilty - *AB148_R1* – 4 – but mentally ill), as more fully alleged in the charging document attached hereto as Exhibit 1.
(State the terms of the agreement.) 8 CONSEQUENCES OF THE PLEA I understand that by pleading guilty or guilty but mentally ill I admit the facts which support all the elements of the offenses to which I now plead as set forth in Exhibit 1.
IAssembly haveAmendment notNo. been promised or guaranteed any particular sentence by anyone.
I389 know that my sentence is to beAssembly determinedBill byNo. the court within the limits prescribed by - *AB148_R1* – 5 – statute.
148 Page 6 I have not been promised or guaranteed any particular sentence by anyone.
I know that my sentence is to be determined by the court within the limits prescribed by statute.
- *AB148_R1* – 6 – I understand that the State would have to prove each element of the charge against me at trial.
I am signing this agreement voluntarily, after consultation with my attorney (if represented by counsel) and I am not acting under duress or coercionAssembly orAmendment byNo. virtue of any promises of leniency, except for those set forth in this agreement.
389 to Assembly Bill No.
148 Page 7 coercion or by virtue of any promises of leniency, except for those set forth in this agreement.
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- *AB148_R1* – 7 – 1.
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Sec.Assembly Amendment No.
389 to Assembly Bill No.
148 Page 8 Sec.
Except as otherwise provided by specific statute, a defendant who is found guilty but mentally ill is subject to the same criminal, - *AB148_R1* – 8 – civil and administrative penalties and procedures as a defendant who is found guilty.
If the trier of fact finds a defendant guilty but mentally ill pursuant to subsection 1, the court shall cause, within 5 business days after the finding, on a form prescribed by the Department of Public Safety, a record of the finding to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
The amendatory provisions of this act apply to any plea agreement that is entered into on or after [July] October 1, 2019.
(Deleted[This byact amendment.)becomes Heffective -on *AB148_R1*July 1, 2019.] (Deleted by amendment.)