SB 37 — Revises certain provisions relating to the process by which a district attorney may request assistance in criminal cases from the Office of the Attorney General. (BDR 18-411)

S.B.Senate Bill No.

3737–Committee Son ENATEGovernment BAffairs ILLNCHAPTER.......... O.

37–COMMITTEE ON G OVERNMENT A FFAIRS (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Revises certain provisions relating to the process by which a district attorney may request assistance in criminal cases from the Office of the Attorney General.

(BDR 18-411) 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.

Existing law authorizes a district attorney to request the personal presence of investigatorthe Attorney General or the presence of a deputy attorney general or special cases, the district attorney is required to providefirst assistancepresent inthe reasons for the presentationrequest to the board of criminalcounty cases.commissioners of his or her county and have the board adopt a resolution joining in the request.

In(NRS such228.130) cases,This bill, instead, only requires the district attorney is required to first present the reasons for thesuch a request for assistance to the board of county commissioners of his or her county and have the board adopt a resolution joining in the request.request if the Attorney General intends to seek reimbursement for any expenses incurred in providing assistance to the district attorney.

(NRS 228.130) This bill, instead, only requires the district attorney to present the reasons for such a request for assistance to the board of county commissioners of his or her county and have the board adopt a resolution expenses incurred in providing assistance to the district attorney.bursement for any Existing law provides that in all criminal cases where assistance is requested from the Office of the Attorney General, the board of county commissioners, uponuponed the verification of expenses incurred by the Office of the Attorney General, is required to pay from the general funds of the county to the Office of the Attorney General the traveling expenses of the Attorney General or his or her deputy attorney general or special investigator from Carson City, Nevada, to the location of the proceedings and for the return travel from that location to Carson City asn well as the expenses incurred for board and lodging from the date such person leaves Carson City to the time he or she returns.

(NRS 228.130) This bill:bill:son (1) clarifies that such expenses will only be paid in criminal cases for which the Office of the Attorney General will seek reimbursement of expenses for its assistance;

-and *SB37*(2) –changes 2Carson –City, (1)Nevada, clarifiesto that such expenses will only be paid in criminal cases for which the Office of the Attorney General will seek reimbursement of expenses for its General as the point of origin and return for the reimbursement of such expenses.

EXPLANATION – Matter in bolded italics is new;

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

Before the Office of the Attorney General may provide such assistance,- the81st OfficeSession of(2021) the– Attorney2 General– must inform the district attorney whether the Office of the Attorney General will request reimbursement for any expenses authorized pursuant to this section and incurred in providing the assistance.

[In all criminal cases where assistance is requested from the Attorney General’s Office, as described in] If a board of county commissioners adopts a resolution joining in a request pursuant to subsection 1, [in the presentation of criminal cases before a committing magistrate, grand jury, or district court,] the board of county commissioners [of the county making such request] shall, upon the presentation to the board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the Attorney General or his or her deputy attorney general or his or her special investigator [from Carson City, Nevada,] , as applicable, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such person for board and lodging from the date such person leaves until the date he or she returns to [Carson City.] the Office of the Attorney General.

- *SB37* – 3 – 3.

4.subsection 2, the Attorney General may charge for the costs of providing assistance in the prosecution of a category A or B felony pursuant to this section.

In addition to any payment of expenses pursuant to subsection 2, the Attorney General may charge for the costs of providing assistance in the prosecution of a category A or B felony pursuant to this section.

and - 81st Session (2021) – 3 – (b) Determines at any time before trial that it is impracticable or uneconomical or could constitute a conflict of interest for the Attorney General or a deputy attorney general to provide such assistance,  the Attorney General may, with the concurrence of the board of county commissioners and the district attorney, appoint a special prosecutor to present the criminal case.

H~~~~~ 21 - *SB37*81st Session (2021)