Revises provisions governing legal services for indigent defendants. (BDR 1-1076)
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AB 480 — Revises provisions governing legal services for indigent defendants. (BDR 1-1076)
Last action — Approved by the Governor. Chapter 380.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 12, 2021. Enacted.
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Bill Text
What changed in the latest version
580 added · 610 removedPlain-language change summary
The recently amended version of Assembly Bill No. 480 changes how attorneys are appointed for individuals who cannot afford legal representation. It removes restrictions on the fees certain attorneys can earn and establishes a special account to support services for indigent defense. This matters because it ensures that defendants receive the necessary legal assistance, especially in smaller counties, and helps streamline the process of appointing attorneys when the public defender is unavailable.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 21, 2021) FIRST REPRINT A.B.
480480–Committee Aon SSEMBLYWays Band ILLNMeans O.CHAPTER..........
480–COMMITTEE ON W AYS AND M EANS (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M AY 12, 2021 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions governing legal services for indigent defendants.
(BDR 1-1076) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law prohibits a magistrate, master or district court from appointing an attorney other than a public defender to represent a person charged with any offense or delinquent act unless the magistrate, master or district court finds that the public defender is disqualified from providing representation and explains the reasons forblicfor the disqualification.
Sections 11 and 17 of this bill, respectively, make similar -changes *AB480_R1*in –cases 2where: – is unable to represent an indigent defendant or other good cause appears;
(1) a county public defender or the State Public Defender is unable to represent an indigent defendant or other good cause appears;
Existing law provides, in general, that an attorney other than a public defender who is appointed to represent or defend a person during any stage of a criminalcriminalender proceeding is entitled to receive certain fees for his or her services.
authorizes(NRS such7.125) anSection attorney6 toof bethis reimbursedbill forremoves certainsuch expenseslimits. and employ persons to provide necessary investigative, expert or other services but places a limit on the compensation paid to any person providing those services.
(NRSExisting 7.135)law Sectionfurther 7authorizes ofsuch this bill provides that an attorney mayto be reimbursed for suchcertain expenses and employ suchpersons persons:to provide necessary investigative, expert or other services but places a limit on the compensation paid to any person providing those services.
(NRS 7.135) expenses and employ such persons:
Section 7 also provides that a claim for compensation and expenses may be certified and approved by a judge if the claim is denied.
Existing law further requires a claim for compensation and expenses to be submitted to a magistrate or district court, as - 81st Session (2021) – 2 – applicable, not later than 60 days after the appointment of the attorney is terminated.
or (2) in a county whose population is 100,000 or more, in compliance with the plan of the each claim to be reviewed and, if necessary, modified, and paid in compliance withs the plan of the applicable county for the provision of indigent defense services.services;
Section 8 also:
(1) requires the plan of the applicable county for the provision of indigent defense services;
Section 9 of this bill requires, in general, the juvenile court to order the appointment of an attorney for a child who is alleged to be delinquent or in need of supervision and refer the selection of the attorney in the manner set forth in section 5 in cases where the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child.
Existing law authorizes the juvenile court to appoint an attorney for a parent or guardian of such a child in certain circumstances and provides that each appointed attorney, other than a public defender, is entitled to the same compensation and expenses as attorneys appointedicappointed to represent persons charged with criminal offenses.
Section 12 of this bill creates the Special Account for the Support of Indigent Defense Services.
Section 12 authorizes the Department to apply for and acceptacceptigent any available grants, bequests, devises, donations or gifts from any public or private source to carry out the duties of the Department and the Board on Indigent Defense receivedServices in(hereinafter the“Board”) Account.oard”) and requires the Department to deposit any money Existingreceived lawin establishes certain requirements for the boardAccount. of county commissioners of a county that is required to transfer or voluntarily transfers responsibility for the provision of all indigent defense services for the county to the - *AB480_R1* – 3 – State Public Defender.
Existing law establishes certain requirements for the board of county commissioners of a county that is required to transfer or voluntarily transfers responsibility for the provision of all indigent defense services for the county to the State Public Defender.
(NRS 180.320) Existing law also requires the compensation of the public defender of a county to be fixed by the board of county commissioners.
(NRS 260.040)ender260.040) Section 15 of this bill requires that in counties whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the compensationadopted ofby the publicBoard.ublic defender of a county must comply with the regulations adoptedExisting law provides that in a county whose population is 700,000 or more (currently Clark County), deputy public defenders are governed by the Board.merit personnel system of the county.
Existing(NRS law260.040) Section 15 provides that inthe acompensation countyof whosesuch populationdeputy public defenders is 700,000not orsubject moreto personnelthe systemregulations ofadopted by the county.Board.
(NRSExisting 260.040)law Section 15 provides that theta compensationperson ofwho suchis deputyalleged publicto defendersbe a person in a mental health crisis, or any relative or friend on behalf of the person, is notentitled subjectto retain counsel to represent the regulationsperson adoptedin byproceedings relating to the Board.involuntary court- ordered admission of the person to a mental health facility or program of community-based or outpatient services.
ExistingIf lawthe provides that a person whofails isor allegedrefuses to beobtain acounsel, personthe incourt ais mentalrequired healthto crisis,appoint orcounsel, anywho relativemay orbe friendthe onpublic behalfdefender ofor the- person,81st isSession entitled(2021) to– retain3 counsel– tothe representprovision therequiring personthat insuch proceedingsappointed relatingcounsel tobe the involuntarypublic court-defender community-basedor his or outpatienther services.deputy.
IfEXPLANATION the– personMatter failsin orbolded refusesitalics to obtain counsel, the court is requirednew; to appoint counsel, who may be the public defender or a deputy of the public defender.
(NRSmatter 433A.270)between Sectionbrackets 19[omitted ofmaterial] thisis billmaterial removesto the provision requiring that such appointed counsel be theomitted. public defender or his or her deputy.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:FOLLOWS:D IN Section 1.
Section 1.
If the public defender is disqualified, the magistrate, master or district court shall, after making a finding of - *AB480_R1* – 4 – the disqualification on the record and the reasons therefor, refer the selection of the attorney:
Except as limited by subsections 2, 3 and 4, an] An attorney, other than a public defender, who is [appointed by a magistrate or a district court] selected pursuant to NRS 7.115 to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled - 81st Session (2021) – 4 – to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made of $125 per hour in cases in which the death penalty is sought and $100 per hour in all other cases.
Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this [subsection] section does notnotor preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.
Except as otherwise provided in subsection 4, an attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other postconviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.$754.
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4.
- *AB480_R1* – 5 – (a) The complexity of a case or the number of its factual or legal issues;
- 81st Session (2021) – 5 – 5.
The magistrate, the district court, the Court of Appeals or the Supreme Court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted to all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.]proceeding.]r defended Sec.
or (b) In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigentind2.entIf defensea services.claim for compensation and expenses made pursuant to subsection 1 is denied, the claim may be:
2.(a) Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before the magistrate, as necessary to provide fair compensation for services of an unusual character or duration;
If a claim for compensation and expenses made pursuant to subsection 1 is denied, the claim may be:
- *AB480_R1* – 6 – (a) Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before the magistrate, as necessary to provide fair compensation for services of an unusual character or duration;
- 81st Session (2021) – 6 – (a) The magistrate in cases in which the representation was rendered exclusively before the magistrate;
(a) In a county whose population is less than 100,000, to the Department or its designee in compliance with the plan of the county for the provision of indigent defense services;
or the (b) In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.
If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.
- *AB480_R1* – 7 – 2.
or - 81st Session (2021) – 7 – (b) A petition is filed and the record of the juvenile court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the juvenile court.
5.juvenile court [appoints] orders the appointment of an attorney to represent a child [,] and refers the selection of the attorney in the manner set forth in NRS 7.115, the parent or guardian must not be required to pay the fees and expenses of the attorney.
Except as otherwise provided in NRS 424.085, if the juvenile court [appoints] orders the appointment of an attorney to represent a child [,] and refers the selection of the attorney in the manner set forth in NRS 7.115, the parent or guardian must not be required to pay the fees and expenses of the attorney.
Each attorney [, other than a public defender,] who is appointed pursuant to subsection 1 is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons chargedchaSec. with criminal offenses.
Sec.11.h cNRS 171.188 is hereby amended to read as follows:
11.
NRS 171.188 is hereby amended to read as follows:
Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an - *AB480_R1* – 8 – attorney to represent the defendant.
- 81st Session (2021) – 8 – (a) That the defendant is without means of employing an attorney;
3.master shall forthwith consider the application and shall make suchr further inquiry as he or she considers necessary.
The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he or she considers necessary.
The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court, unless the county has transferred the responsibility to provide all indigent defense services for the county to the State Public Defender pursuant to NRS 180.450.
[in an amount not to exceed $75 per case.] - *AB480_R1* – 9 – Sec.
Any money received pursuant to subsection 1 must be deposited in the Special Account for the Support of Indigent - 81st Session (2021) – 9 – Defense Services, which is hereby created in the State General Fund.
3.year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Any money in the Account remaining at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.
The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, - *AB480_R1* – 10 – disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.
If a corrective action plan is recommended pursuant to NRS 180.440, the deputy director and the board of county commissioners must collaborate on the manner in which the - 81st Session (2021) – 10 – county will meet the minimum standards for the provision of indigent defense services and the time by which the county must meet those minimum standards.
Each corrective action plan must be submitted to and approvedapp2.vedIf the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the Board.county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the indigent defense services provided by the county.
2.
If the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the indigent defense services provided by the county.
If a county does not meet the minimum standards for the provision of indigent defense services within the period established in the corrective action plan for the county, the deputy director shall informinf5.m tUpon being informed by the deputy director pursuant to subsection 4 that a county has not complied with a corrective action plan, the Executive Director.Director must review information regarding the provision of indigent defense services in the county and determine whether to recommend establishing another corrective action plan with the board of county commissioners of the county.
5.
Upon being informed by the deputy director pursuant to subsection 4 that a county has not complied with a corrective action plan, the Executive Director must review information regarding the provision of indigent defense services in the county and determine whether to recommend establishing another corrective action plan with the board of county commissioners of the county.
The recommendation of the - *AB480_R1* – 11 – Executive Director must be submitted to and approved by the Board.
- 81st Session (2021) – 11 – 6.
(a) The board of county commissioners for the county shall notify the State Public Defender in writing on or before [March] November 1 of the next [odd] even-numbered year and thethee [March] responsibilities must transfer at a specified time on or after July 1 of the [same] odd-numbered year following the year in which the notice was given, as determined by the Executive Director.
The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as the public defender considers necessary to enable himhimr or her to carry out his or her responsibilities, with the approval of the board of county commissioners.
- *AB480_R1* – 12 – 4.
The public defender and his or her deputies and assistant attorneys in a county whose population is less than 100,000 may - 81st Session (2021) – 12 – engage in the private practice of law.
An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his or her appointment.
The public defender shall, when designated pursuant to NRS 62D.030 [,] or 171.188 , [or 432B.420,] represent without charge each indigent person for whom he or she is appointed.appointed.hout charge 3.
3.
260.060 For cause, the magistrate or district court may, on its own motion or upon motion of the public defender or the indigent person, [appoint] order the appointment of another attorney and - *AB480_R1*81st Session (2021) – 13 – [compensate out of county funds] refer the selection of the attorney in the manner set forth in NRS 7.115.
May be other than, or in addition to, the public defender to represent such indigent person at any stage of the proceedings or on appeal in accordance with the laws of this state pertaining to the appointment of counsel to represent indigent criminal defendants.defendants.e 2.
2.
and (b) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney, a4.proEach attorney, other than [a public defender or] an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection or 2, is entitled to the same compensation and payment for expenses from the county as provided in theNRS Indian7.125 Childand Welfare7.135 Act.for an attorney appointed to represent a person charged with a crime.
4.
Each attorney, other than [a public defender or] an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection 1 or 2, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime.
[, who may be the public defender or his or her deputy.] - 81st Session (2021) – 14 – 2.
Any counsel appointed pursuant to subsection 1 must be awarded compensation by the court for his or her services in an - *AB480_R1* – 14 – amount determined by it to be fair and reasonable.
The court shall, at the request of counsel representing the person alleged to be a person in a mental health crisis in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but forprepare nothis moreor thanher 5case., days, to give the counsel an opportunity to prepare4. his or her case.
If the person alleged to be a person in a mental health crisis is involuntarily admitted to a program of community-based orthor crisis outpatient services, counsel shall continue to represent the person until the person is released from the program.
This(Deleted actby becomesamendment.) effective~~~~~ on21 July- 1,81st 2021.Session (2021)
H - *AB480_R1*
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
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- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 380.
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Enrolled and delivered to Governor.
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Senate Amendment No. 803 concurred in. To enrollment.
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Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Not voting: 1.) To Assembly. In Assembly.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 803.) To printer.
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From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.
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From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 679.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 36, Nays: 5, Absent: 1.) To printer.
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Read first time. Referred to Committee on Ways and Means. To printer. From printer. To committee.
Sponsors
- Assembly Committee on Ways and Means · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Ways and Means
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.
Subjects
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- AB 480 is sponsored by Assembly Committee on Ways and Means.
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- This bill has been enacted into law. Introduced May 12, 2021. Enacted.
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