Nevada 2023 Regular Session Status: Enacted

AB 405 — Revises provisions relating to court programs for the treatment of mental illness or intellectual disabilities. (BDR 14-729)

Last action — Approved by the Governor. Chapter 257.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 27, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 09, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 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

387 added · 395 removed

387 line(s) added, 395 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
405 A SSEMBLY B ILLN O.
405–Committee on Judiciary CHAPTER..........
405–COMMITTEE ON JUDICIARY M ARCH 27, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to court programs for the treatment of mental illness or intellectual disabilities.
(BDR 14-729) 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.
revising various provisions relating to a program for the treatment of mental illness or intellectual disabilities;
the treatment of mental illness or intellectual disabilities to which it may assign an eligible defendant.
Existing law authorizes a district court to establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign an eligible defendant.
(NRS 4.370, 5.050, 176A.250, 176A.255) Sections 1-6 of this bill additionally authorize a justice court of a case involving an eligible defendant to the district court if the justice court or municipal court has not established such a program.
(NRS 4.370, 5.050, or municipal court to establish such a program and to transfer original jurisdiction of a case involving an eligible defendant to the district court if the justice court or municipal court:
(1) has not established such a program;
or (2) determines that the transfer is appropriate and necessary.
Existing law limits the definition of an “eligible defendant” to mean a person who:
(1) has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;
(2) appears to suffer from mental illness or to be intellectually Section 2 of this bill expands the definition of an “eligible defendant” to include any person who, regardless of whether the person has tendered a plea to or been found guilty of an offense that is a misdemeanor:
(1) appears to suffer from a mental illness or to be intellectually disabled;
and (2) would benefit from assignment to a program.
(1) enter a judgement of conviction and proceed as provided in the section pursuant to which the defendant was charged;
(1) enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged;
and (2) order the defendant to the custody of the Department of Corrections if the offense is authorizes the imposition of certain sanctions against a defendant for such a violation.
and (2) order the punishable by imprisonment in the state prison.
- *AB405_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 176A.260) Section 3 is authorizes the imposition of certain sanctions against a defendant for such a violation.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
176A.250 A district court, justice court or municipal court may establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign a defendant pursuant to NRS 174.032, 176.211, 176A.260 or 176A.400.
176A.250 A district court, justice court or municipal court may establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign a defendant - 82nd Session (2023) – 2 – pursuant to NRS 174.032, 176.211, 176A.260 or 176A.400.
The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satSec.
Sec.
2.ry NRS 176A.255 is hereby amended to read as follows:
2.
NRS 176A.255 is hereby amended to read as follows:
[A] If a justice court or municipal court has not established a program pursuant to NRS 176A.250, the justice court or [a] municipal court , as applicable, may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.
A justice court or a municipal court , as applicable, may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant [.] if the justice court or municipal court, as applicable:
(a) Has not established a program pursuant to NRS 176A.250;
or (b) Determines that the transfer is appropriate and necessary.
(a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;
(a) [Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;
(b) Appears to suffer from mental illness or to be intellectually disabled;
(b)] Appears to suffer from mental illness or to be intellectually disabled;
and (c) Would benefit from assignment to a program established pursuant to NRS 176A.250.
and [(c)] (b) Would benefit from assignment to a program established pursuant to NRS 176A.250.
Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court, justice court or municipal court , as applicable, may:
Except as otherwise provided in subparagraph (1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is suspension of sentence or the granting of probation is not prohibited by statute, the district court, justice court or municipal court , as applicable, may:
or - *AB405_R1* – 3 – (b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250, if the district court, justice court or municipal court determines that the defendant is eligible for participation in such a program.
or (b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250, if the district court, justice court or municipal - 82nd Session (2023) – 3 – court determines that the defendant is eligible for participation in such a program.
Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS 176A.250 if the defendant is diagnosed as having a mental illness or an intellectual disability:
Except as otherwise provided in subsection 4, a defendant is eligible for participation in a program established pursuant to NRS an intellectual disability:s diagnosed as having a mental illness or (a) After an in-person clinical assessment by:
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(a) After an in-person clinical assessment by:
(a) The district court, justice court or municipal court, as applicable, may impose sanctions against the defendant for the violation, but allow the defendant to remain in the program.
(a) The district court, justice court or municipal court, as applicable, may impose sanctions against the defendant for the Before imposing a sanction, the court shall notify the defendant of the violation and provide the defendant an opportunity to respond.
Before imposing a sanction, the court shall notify the defendant of the violation and provide the defendant an opportunity to respond.
- *AB405_R1* – 4 – [(b)] (c) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
[(b)] (c) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the - 82nd Session (2023) – 4 – offense is punishable by imprisonment in the state prison.if the 6.
6.
or (2) Has previously failed to complete a specialty court program.
or (2) Has previously failed to complete a specialty court pro7.am.Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.
7.
Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail.
If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and conditions, the district court, justice court or municipal court, as applicable, may conditionally dismiss the charges or set aside the judgment of conviction, as applicable.
If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and applicable, may conditionally dismiss the charges or set aside theas judgment of conviction, as applicable.
If a court conditionally dismisses the charges or sets aside the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other - *AB405_R1* – 5 – public or private purpose.
If a court conditionally dismisses the charges or sets aside the judgment of conviction, the court shall notify the defendant that any conditionally dismissed charge or judgment of conviction that is set aside is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other - 82nd Session (2023) – 5 – public or private purpose.
The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
The defendant may not be giving a false statement by reason of failure to recite ortherwise acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.260, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order be sealed.
If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed or the judgment of conviction is set aside as provided in NRS 176A.260, not sooner than 7 years after the charges are conditionally dismissed or the judgment of conviction is set aside municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order be sealed.
Each such agency or officer shall notify the district court, justice court or municipal court , as applicable, in writing of its compliance with the order.
Each such agency or officer shall notify the district court, justice court or - 82nd Session (2023) – 6 – the order.court , as applicable, in writing of its compliance with Sec.
- *AB405_R1* – 6 – Sec.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum.
the legality of any tax, impost, assessment, (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has damages claimed do not exceed $15,000 or when no damages are claimed.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
- 82nd Session (2023) – 7 – for storage, where the amount of the lien sought to be enforced,lities exclusive of interest, does not exceed $15,000.
- *AB405_R1* – 7 – (m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020.
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the court;
or (4) Where the adverse party against whom the order is sought is under 18 years of age.
orof the order for protection be conducted before the district (4) Where the adverse party against whom the order is sought is under 18 years of age.
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court;
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the court;
or (4) Where the adverse party against whom the order is sought is under 18 years of age.
orof the order for protection be conducted before the district (4) Where the adverse party against whom the order is sought is under 18 years of age.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
- 82nd Session (2023) – 8 – manufactured homes.o contest the validity of liens on mobile homes or (r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment where the adverse party against whom the order is sought is 18 years of age or older.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault where the adverse party against whom the order is sought is 18 years of age or older.
- *AB405_R1* – 8 – (s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault where the adverse party against whom the order is sought is 18 years of age or older.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
(w) In any action to determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 4842.
2.
Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to , if the justice court has not established its own program pursuant to:
[Upon approval of the district court, a] A justice court may , upon approval of the district court, transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established by the district court pursuant to:
(a) NRS 176A.250, a program established by the district court pursuant to [NRS 176A.250 or, if the justice court has not established a program pursuant to] that section.
(a) NRS 176A.250, if the justice court:
(b) NRS 176A.280, [to] a program established by the district court pursuant to that section.
(1) Has not established its own program [established] pursuant to [NRS 176A.250 or, if the justice court has not established a program pursuant to] that section;
or (2) Determines that the transfer is appropriate and nec(b) NRS 176A.280, [to a] if the justice court has not established its own program [established] pursuant to that section.
6.
- 82nd Session (2023) – 9 – 6.
In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective cou7.iesEach justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
7.
Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
- *AB405_R1* – 9 – (b) To determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
(b) To determine whether a person has committed a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to , if the municipal court has not established its own program pursuant to:
[Upon approval of the district court, a] A municipal court may , upon approval of the district court, transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established by the district court pursuant to:
(a) NRS 176A.250, a program established by the district court pursuant to [NRS 176A.250 or, if the municipal court has not established a program pursuant to] that section.
(a) NRS 176A.250, if the municipal court:
(b) NRS 176A.280, [to] a program established by the district court pursuant to that section.
(1) Has not established its own program [established] pursuant to [NRS 176A.250 or, if the municipal court has not establ(2) Determines that the transfer is appropriate and necessary.
(b) NRS 176A.280, [to a] if the municipal court has not established its own program [established] pursuant to that section.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon - 82nd Session (2023) – 10 – all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorney’s fees, or both if allowed, does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorney’s fees, or both if allowed, does not exceed $2,500.
- *AB405_R1* – 10 – (b) Required by the United States Constitution, the Nevada Constitution or statute.
(a) Within the jurisdiction of the municipal court;
and (b) Required by the United States Constitution, the Nevada Constitution or statute.
H - *AB405_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 257.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 564 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 564.) To printer.

  9. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 397.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

Who sponsors AB 405?
AB 405 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 405?
This bill has been enacted into law. Introduced March 27, 2023. Enacted.
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