AB 201 — Revises provisions relating to informants. (BDR 14-777)
Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
129 added · 130 removed129 line(s) added, 130 removed.
(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT A.B.
201–A SSEMBLYMEN G ONZÁLEZ , YEAGERY EAGER , FLORES ;
ANDERSON , B ILBRAY-AILBRAY XELROD-AXELROD , COHENC OHEN , CCONSIDINE ONSIDINE,, MARZOLA , BRITTNEY M ILLER, C.H.
MILLER,M NILLER, GUYENNGUYEN , ORENTLICHER , ETERSPETERS , UMMERS -ARMSTRONG-A RMSTRONG , TTHOMAS HOMAS , ORRES AND W ATTS M ARCH 8, 2021 ____________ JOINT SPONSORS :
ENATORSSENATORS DONATE , D.
HARRIS AND OOHRENSCHALL HRENSCHALL ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to informants.
requiring each office of a prosecuting attorney to maintain certain records relating to certain informants;
requiring the victim of a crime perpetrated by an informant to be informed of any leniency provided to the informant in exchange for his or her testimony or information;
Section 5 of this bill requires each office of a prosecuting attorney to maintain complete and systematic records of cases prosecuted by the office in which testimony or information was provided by an informant.informant pursuant to a cooperation and not considered public books or records.ovide that such records are confidential Section 6 of this bill provides that if a prosecuting attorney intends to use testimony or information provided by an informant in a hearing or trial, the prosecuting attorney must disclose the following information or materials to the defense:
Sections(1) 5a andsummary 8 of thisthe billcriminal providehistory that such records are confidential and not considered public books or recSection 6 of this bill provides that if a prosecuting attorney intends to use testimony or information provided by an informant in a hearing or trial, the prosecutinginformant; attorney must disclose the following information or materials to the - *AB201* – 2 – defense:
(1)(2) thea criminalcopy history of theany informant;cooperation agreement;
(2)(3) aany copybenefit that was provided or may be provided to the and, if known, the time and place of any cooperationstatement agreementmade betweenby the Statedefendant andto thee - *AB201_R1* – 2 – informant that is relevant to the informant;hearing or trial;
(3)(5) anythe benefitsubstance thatand, wasif providedknown, orthe maytime beand providedplace toof any statement implicating the informantdefendant inthat exchangewas formade hisby orthe herinformant testimonyto ora information;law enforcement officer;
(4)(6) thedetails substance,relating timeto and place of any statementoccasion madein bywhich thein implicatingwhich the defendantinformant thattestified wasin madeexchange byfor the informant to a lawbenefit; enforcementt officer;
(6)and details(8) relatingany other cases known to anythe occasionprosecuting attorney in which the informant recantedoffered histo orprovide hertestimony testimony;in exchange for a benefit but did not testify in the case.
andSection (7)6 informationrequires concerningsuch otherdisclosures casesto be made not later than 30 days before the hearing or trial unless the court revises the deadline for making the disclosures or the court making the disclosures may result in whichsubstantial bodily harm to the informantinformant, hasthe testified,court offeredmay order the disclosures to testifyonly be made to the attorney for the defendant, and not to the defendant or otherwiseany providedother information.party.
Section 6 requires such disclosures to be made not later than 45 days before the hearing or trial unless the court revises the deadline for making the disclosures or the court making the disclosures may result in substantial bodily harm to the informant, the court may order the disclosures to only be made to the attorney for the defendant, and not to the defendant or any other party.
Sectionagreement” 7and of“informant,” thisrespectively, billfor requires the prosecutingpurposes attorney to notify the victim of athis connectionbill. with his or her provision of testimony or information.
informant in Sections 3 and 4 of this bill define the terms “benefit” and “informant” for the purposes of this bill.
As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 33, 3.5 and 4 of this act have the meanings ascribed to them in those sections.
3.5.
“Cooperation agreement” means a written agreement:
1.
Between a person who is in jail or prison and the office of a prosecuting attorney wherein the person agrees to be an informant;
and 2.
Which includes, without limitation, a summary of:
(a) The testimony or information to be provided by the informant;
and (b) The benefit which has been or may be provided to the informant in exchange for the testimony or information described in paragraph (a).
- *AB201_R1* – 3 – Sec.
- *AB201* – 3 – Sec.
Every office of a prosecuting attorney must maintain complete and systematic records of any case prosecuted by the office in which testimony or information was provided by an informant.informant pursuant to a cooperation agreement.
and (b) Any benefit that has been requested by, offered to or has been or may be provided to the informant in connection with the provision of the testimony or information.information;
and (c) A copy of the cooperation agreement.
Except as otherwise provided in subsections 2 and 3, if a prosecuting attorney intends to use testimony or information provided by an informant at a hearing or trial, the prosecuting attorney must disclose the following information or material to the defense as soon as possible, but not later than 4530 days before the hearing or trial:
(a) TheA summary of the criminal history of the informant, including, without limitation:
(b) A copy of any cooperation agreementagreement; between the State and the informant concerning his or her provision of the testimony or information;
(c) Any benefit that has been requested by, offered to, or has been or may be provided to the informant in connection with his or her provision of the testimonytestimony; or information;
(d) The substance,substance and, if known, the time and place of:
(1) Any statement that is relevant to the hearing or trial made by the defendant to the informant;
and - *AB201_R1* – 4 – (3) The name of any person who was present at the time of the recantation;
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and (f) Any other case in which the informant provided testimony, offered to provide testimony or otherwise provided information in exchange for a benefit, and the benefit offered or provided in each case.case;
and (g) Any other case known to the prosecuting attorney in which the informant offered to provide testimony in exchange for a benefit but did not testify in the case.
A court may, upon good cause shown, implement a revised deadline for making the disclosures described in subsection 1 or, - *AB201* – 4 – upon its own motion, continue the hearing or trial described in subsection 1, if:
In every trial in which a prosecuting attorney uses testimony or information provided by an informant, the court shall instruct the jury to consider the information described in paragraphs (d)(c) andto (e)(g), inclusive, of subsection 1 in assessing the credibility of the informant.
1.(Deleted by amendment.) Sec.
If an informant receives any leniency relating to an offense against a person because of offering or providing testimony or information against a suspect or defendant, the prosecuting attorney shall notify any victim of a crime perpetrated by an informant of the leniency received by the informant.
2.
As used in this section, “leniency” means:
(a) A plea bargain;
(b) A reduction or dismissal of charges;
(c) Any consideration of bail or conditions of release;
or (d) A reduction or modification of a term of sentence.
Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, - *AB201**AB201_R1* – 5 – 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, - *AB201**AB201_R1* – 6 – 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information - *AB201**AB201_R1* – 7 – included in the public book or record that is not otherwise confidential.
H - *AB201**AB201_R1*
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View plain text versions (2)
- Reprint 1 View text Current pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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(Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 317.) To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Cecelia González · Primary
- Steve Yeager · Primary
- Edgar Flores · Primary
- James Ohrenschall · Cosponsor
- Natha C. Anderson · Cosponsor
- Venicia Considine · Cosponsor
- Elaine H. Marzola · Cosponsor
- Brittney M. Miller · Cosponsor
- Rochelle T. Nguyen · Cosponsor
- David Orentlicher · Cosponsor
- Clara Thomas · Cosponsor
- Selena Torres-Fossett · Cosponsor
- Howard Watts · Cosponsor
- Fabian Doñate · Cosponsor
- Brittney M. Miller · Cosponsor
- Dallas Harris · Cosponsor
- Shondra Summers-Armstrong · Cosponsor
- Sarah Peters · Cosponsor
- Lesley Cohen · Cosponsor
- Shannon Bilbray-Axelrod · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 17 co-sponsors · 47 not signed on
Sponsors (3)
- González, Cecelia Democratic
- Yeager, Steve Democratic
- Flores, Edgar Democratic
Co-sponsors (17)
- Ohrenschall, James Democratic
- Anderson, Natha C. Democratic
- Considine, Venicia Democratic
- Marzola, Elaine H. Democratic
- Miller, Brittney M. Democratic
- Nguyen, Rochelle T. Democratic
- Orentlicher, David Democratic
- Clara Thomas
- Torres-Fossett, Selena Democratic
- Watts, Howard Democratic
- Doñate, Fabian Democratic
- Miller, Brittney M. Democratic
- Harris, Dallas
- Summers-Armstrong, Shondra
- Peters, Sarah
- Cohen, Lesley
- Shannon Bilbray-Axelrod
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"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
Frequently asked questions
- Who sponsors AB 201?
- AB 201 is sponsored by González, Cecelia (Democratic), Yeager, Steve (Democratic), Flores, Edgar (Democratic), Ohrenschall, James (Democratic), Anderson, Natha C. (Democratic), Considine, Venicia (Democratic), Marzola, Elaine H. (Democratic), Miller, Brittney M. (Democratic), Nguyen, Rochelle T. (Democratic), Orentlicher, David (Democratic), Clara Thomas, Torres-Fossett, Selena (Democratic), Watts, Howard (Democratic), Doñate, Fabian (Democratic), Harris, Dallas, Summers-Armstrong, Shondra, Peters, Sarah, Cohen, Lesley, and Shannon Bilbray-Axelrod.
- What is the current status of AB 201?
- This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 201?
- Track AB 201 free on One Click Politics — get push/email alerts when it moves.
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