SB 103 — Revises provisions governing the Nevada Sentencing Commission within the Department of Sentencing Policy. (BDR 14-308)
Last action — Chapter 415.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 02, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 13, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
499 added · 536 removed499 line(s) added, 536 removed.
EXEMPTSenate (ReprintedBill withNo. amendments adopted on May 30, 2023) FIRST REPRINT S.B.
103103–Committee SENATEon BILLJudiciary NOCHAPTER.......... .
103–COMMITTEE ON JUDICIARY (O N BEHALF OF THE JOINT NTERIM S TANDING C OMMITTEE ON JUDICIARY ) PREFILED FEBRUARY 2, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the Nevada Sentencing Commission within the Department of Sentencing Policy.
(BDR 14-308) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExistingLegislative lawCounsel’s createsDigest: the Nevada Sentencing Commission within the Department of Sentencing Policy, prescribes the membership of the Sentencing Commission and sets forth various powers and duties of the Sentencing Commission.
(NRSExisting 176.0133,law 176.0134)creates Sectionthe 2Nevada Sentencing Commission within the Department of thisSentencing billPolicy, revisesprescribes the membership of the Sentencing Commission toand removesets aforth membervarious appointedpowers byand theduties Governorof andthe add:Sentencing Commission.
(1)(NRS 176.0133, 176.0134) Section 2 of this bill revises the membership of the Sentencing Commission to remove a member whoappointed isby anthe attorneyconsists andof representing criminal defendants in a county whose practicepopulation primarilyis less than 55,000 (currently counties other than Clark and Washoe Counties and CarsonssCarson City);
and (4) a member who is a faculty member inof the Nevada System of Higher Education.Education who teaches criminal justice.
and (2) authorizes the Sentencing Commission to establish working groups,grouSection task forces and similar entSection 3 of this bill removes certain specific requirements relating to recommendations of the Sentencing Commission.
(1) provide certain training - *SB103_R1* – 2 – regarding sentencing;
Section 1.5 of this bill creates the Subcommittee on Misdemeanors of the Sentencing Commission and sets forth its membership and duties.
Section 1.7 of this bill authorizes the Chair of the Subcommittee to appoint working groups to aid in the work of the Subcommittee.
Section 1.7 provides that all information andando aid materials received or prepared by a working group are confidential.
Section 4.5 of this bill makes a conforming change relating to the information and materials made “subcommittee”confidential forpursuant purposesto ofsection the provisions of sections 1.5 and 1.7.
Section 1.3 of this bill defines the term “subcommittee” for purposes of the provisions of sections 1.5 and 1.7.
- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) Policies and practices regarding misdemeanor sentencingsenten(2) implementedAdministrative assessments, fines and fees related to the criminal justice system in this State and other states;
and (2) Administrative assessments, fines and fees related to the criminal justice system in this State and other states;
(a) Study existing laws, policies and practices relating to misdemeanor offenses in this State and other states, including, - *SB103_R1* – 3 – without limitation, the sentences imposed for misdemeanor offenses in this State and other states;
and (b) Submit a biennial report describing the findings, conclusions and recommendations of the subcommittee to the SentencingSenSec. Commission.
Sec.
The Chair of the Subcommittee may appoint working groups composed of persons with subject matter expertise, including, without limitation, representations of - 82nd Session (2023) – 3 – criminal justice agencies in this State to aid in the work of the Subcommittee.
The Chair of the Subcommittee may appoint any person the Chair deems appropriate to serve on a working group, which mayagencies include,within withoutthis limitation,State.tion, representatives of criminal justice agencies3. within this State.
3.
Report to the Sentencing Commission on sentencing and related issues regarding the functions of the Department and provide suchsuc4.infAssist informationthe Sentencing Commission in determining necessary and appropriate recommendations to assist in carrying out the Sentencingresponsibilities Commissionof asthe requested.Department.
4.
Assist the Sentencing Commission in determining necessary and appropriate recommendations to assist in carrying out the responsibilities of the Department.
- *SB103_R1* – 4 – 7.
9.- 82nd Session (2023) – 4 – pursuant to subsections 2 and 3 of NRS 176.01347 relating to thees calculation of the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, Statutes of Nevada 2019, and in preparing a report containing the projected amount of such costs for the next biennium and recommendations for the reinvestment of the amount of the costs.
Assist the Sentencing Commission in carrying out its duties pursuant to subsections 2 and 3 of NRS 176.01347 relating to the calculation of the costs avoided by this State for the immediately preceding fiscal year because of the enactment of chapter 633, Statutes of Nevada 2019, and in preparing a report containing the projected amount of such costs for the next biennium and recommendations for the reinvestment of the amount of the costs.
(a) One member [appointed by the Governor;] who is an attorney and whose practice primarily consists of representing criminal defendants in a county whose population is less than 55,000,Indigent appointedDefense byServices or his or her designee;e Department of (b) One member who is a justice of the ExecutiveSupreme DirectorCourt of Nevada or a retired justice of the DepartmentSupreme Court of IndigentNevada, Defenseappointed Servicesby orthe hisChief orJustice herof designee;the Supreme Court of Nevada;
(b) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;
(g) [One member who is a district attorney,] Two members appointed by the governing body of the Nevada District Attorneys Association [;] , one of whom must be a district attorney in a county whose population is 100,000 or more and one of whom must be a district attorney in a county whose population is less than 100,000;
Show all 80 changed lines (40 more)
- *SB103_R1* – 5 – (i) One member who is a representative of the Office of the Washoe County Public Defender, appointed by the head of the Office of the Washoe County Public Defender;
- 82nd Session (2023) – 5 – (j) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(k) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;
supporting the rights of victims of (l) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;
(s) Two members who are members of the Assembly, one of whom is appointed by the SpeakerMinority Leader of the AssemblyAssembly;of and(t) oneThe Director of whom is appointed by the MinorityDepartment Leader of theEmployment, Assembly;Training and Rehabilitation;
(t) The Director of the Department of Employment, Training and Rehabilitation;
and (w) One member who is a faculty member of the UniversityNevada System of Nevada,Higher LasEducation Vegas,who orteaches thecriminal Universityjustice, of Nevada, Reno, appointed by the Governor.
- *SB103_R1* – 6 – 2.
- 82nd Session (2023) – 6 – 3.
4.may be reappointed for additional terms of 2 years in the sames manner as the original appointments.
Each appointed member serves a term of 2 years.
Members may be reappointed for additional terms of 2 years in the same manner as the original appointments.
A majority of the members of the Sentencing Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Sentencing Commission.
- *SB103_R1*82nd Session (2023) – 7 – Sec.
[Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements imposed for felonies and gross misdemeanors.hich affect the sentences 2.] Evaluate and study the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State’sState systemand other states, including, without limitation, the use of criminalplea justicebargaining, whichprobation, affectprograms of enhanced supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the sentencespossession, imposedmanufacture and distribution of controlled substances, enhanced penalties for felonieshabitual criminals, parole, credits against sentences, residential confinement and grossalternatives misdemeanors.to incarceration.
2.] Evaluate and study the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of enhanced supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.
(b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.
(e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time - 82nd Session (2023) – 8 – those offenders must serve while incarcerated or before being released from confinement or supervision.
- *SB103_R1* – 8 – (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.
(g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.
Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.
- 82nd Session (2023) – 9 – (d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.
(e) Advising the Executive Director concerning any required reportsrep(f) andMakingevierecommendationssuch reviewingtopothe. drafts of such reports.
- *SB103_R1* – 9 – (f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the Sentencing Commission.
(f) Identification of gaps in the State’s data tracking capabilities related to the criminal justice system and recommendations for fillingsubsection any1 suchof gapsNRS as176.01343;red required pursuant to paragraph (e) of subsection(g) 1Recommendations offor NRSimprovements, 176.01343;changes and budgetary adjustments;
(g) Recommendations for improvements, changes and budgetary adjustments;
Submit the report prepared pursuant to subsection [11] 5 not later than January 15 of each odd-numbered year to:
(Deleted by amendment.) - 82nd Session (2023) – 10 – Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 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, 87.5413,87.5413,2, 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, - *SB103_R1* – 10 – 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 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, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 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, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 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, 284.4086, 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, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, - 82nd Session (2023) – 11 – 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.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 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, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, - *SB103_R1* – 11 – 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 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, 598A.420, 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, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 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, 652.126, 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.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538,- 692C.354,82nd 692C.420,Session 693A.480,(2023) 693A.615,– 696B.550,12 – 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,710.159,50, 711.600, and section 1.7 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.
This section does not supersede or in - *SB103_R1* – 12 – any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
A governmental entity may not reject a book or record whichwhi3. is copyrighted solely because it is copyrighted.
3.isA 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 included in the public book or record that is not otherwise confidential.
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 included in the public book or record that is not otherwise confidential.
(1)(2) WasIs not createdavailable or prepared in an electronic format;
andor (2) Is not available in an electronic format;
orand (b) Providing the public record in an electronic format or by means of an electronic medium would:
- 82nd Session (2023) – 13 – (a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
and - *SB103_R1* – 13 – (b) On July 1, 2023, for all other purposes.
H~~~~~ 23 - *SB103_R1*82nd Session (2023)
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- 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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Chapter 415.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Assembly Amendment No. 899 concurred in. To enrollment.
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In Senate.
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From printer. To reengrossment. Reengrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.
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Read second time. Amended. (Amend. No. 899.) To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Second Reading File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 758.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To printer. From printer. To engrossment. Engrossed. First reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.
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Notice of eligibility for exemption. Read second time. Taken from General File. Re-referred to Committee on Finance. To committee. Exemption effective.
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Taken from Second Reading File. Placed on Second Reading File for next legislative day.
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From committee: Do pass.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Senate Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Judiciary
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
Frequently asked questions
- Who sponsors SB 103?
- SB 103 is sponsored by Senate Committee on Judiciary.
- What is the current status of SB 103?
- This bill has been enacted into law. Introduced February 02, 2023. Enacted.
- Where can I track SB 103?
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