Nevada 2023 Regular Session Status: Enacted 6 D cosponsors

SB 222 — Revises provisions relating to juries. (BDR 1-192)

Last action — Chapter 268.

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

This bill has been enacted into law. Introduced March 06, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 10, 2023.

Prognosis

Likely to advance 62% · 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.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 D).

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

164 added · 349 removed

164 line(s) added, 349 removed.

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EXEMPT (Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT S.B.
Senate Bill No.
222 SENATE BILL N O.
222–Senators D.
222–SENATORS D.
Harris;
H ARRIS;
Daly, Donate, Flores, Ohrenschall, Pazina and Scheible CHAPTER..........
DALY , DONATE , FLORES , OHRENSCHALL , PAZINA AND SCHEIBLE M ARCH 6, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juries.
(BDR 1-192) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 2) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions governing the right to serve as a juror;
making an appropriation to the Administrative Office of the Courts for the establishment of a connection to the information technology systems of the Department of Health and Human Services for certain purposes;
(1) authorizes a court to assign a jury commissioner to select trial jurors;
(1) authorizes a court to assign a jury commissioner to select trial qualified electors of the county or city, as applicable, who are not exempt from jury duty.
and (2) requires a jury commissioner to select jurors from among the qualified electors of the county or city, as applicable, who are not exempt from jury duty.
As part of the process for the selection of trial jurors, existing law requires a jury commissioner to compile and maintain a list of qualified electors from information provided by:
As part of the process for the selection of trial jurors, existing law requires a jury commissioner to compile and maintain a list of qualified electors from county;
(1) a list of persons who are registered to vote in the county;
(3) the Employment Security in the Division of the Department of Employment, Training and Rehabilitation;
(3) the Employment Security Division of the Department of Employment, Training and Rehabilitation;
and (4) certain public utilities.
and (4) of Health and Human Services, upon the request of a district judge or juryDepartment commissioner, to provide a list of the names and addresses of persons who receive public assistance for use in jury selection.
(NRS 6.045) Section 6 of this bill requires the Department of Health and Human Services, upon the request of a district judge or jury commissioner, to provide a list of the names and addresses of persons who receive public assistance for use in jury selection.
jurors summoned or serving on a grand jury or trial jury.
Section 6.7 of this bill makes an appropriation from the State General Fund to the information technology systems of the Department of Health and Human Servicesthe to carry out the provisions of section 6.
Existing law sets forth certain fees for attendance and travel allowances for jurors summoned or serving on a grand jury or trial jury.
Existing law prohibits a person who has been convicted of a felony from serving as a juror unless the person’s civil right to serve as a juror has been - *SB222_R1* – 2 – restored.
EXPLANATION – Matter in bolded italics is new;
(NRS 6.010) Under existing law, a person’s civil right to serve as a juror in a civil action is immediately restored upon his or her:
matter between brackets [omitted material] is material to be omitted.
(1) discharge from probation or parole;
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
or (2) release from prison.
Existing law provides for the after the date on which he or she is:
(1) discharged from probation or parole;
or (2)s released from prison.
(NRS 176A.850, 213.155, 213.157) Sections 3-5 of this bill provide for the restoration of a person’s civil right to serve as a juror in a criminal action immediately upon his or her discharge from parole or probation or release from prison so that such a person is eligible to serve as a juror in a criminal action at Section 6.5 of this bill provides that nothing in the provisions of sections 1-6 limits the ability of a court, prosecuting attorney, defendant, or attorney for the defendant to:
(1) challenge or remove a prospective juror on the basis of actual, implied, or inferable bias;
or (2) inquire about the records of criminal history of a prospective juror during a voir dire examination of prospective jurors.
Section 6.5 either party to exercise its peremptory challenges.tions 1-6 limits the ability of THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2.
- 82nd Session (2023) – 2 – shall from time to time estimate the number of trial jurors whichner will be required for attendance on the designated court and shall select that number from the qualified electors of:
If a jury commissioner is so selected, the jury commissioner shall from time to time estimate the number of trial jurors which will be required for attendance on the designated court and shall select that number from the qualified electors of:
(b) The Department of Motor Vehicles pursuant to NRS 482.171 and 483.225;
(b) The Department of Motor Vehicles pursuant to NRS 482.171 and(c) The Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.265;
- *SB222_R1* – 3 – (c) The Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.265;
(1) Include statistics from the records required to be maintained by the jury commissioner pursuant to this subsection, including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;
maintained by the jury commissioner pursuant to this subsection, including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;
The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county or city to do the required jury duty.
The jury commissioner shall not select the name of any person whose name was selected the previous year, and who - 82nd Session (2023) – 3 – actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county or city to do the required jury duty.
7.
procuring any administrative duties performed by a jury purpose of commissioner pursuant to this chapter.
A court may contract with another court for the purpose of procuring any administrative duties performed by a jury commissioner pursuant to this chapter.
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In addition to the fees specified in subsections 1 and 2, a board of county commissioners or governing body of a city may provide that, for each day of such attendance or service, each person - *SB222_R1* – 4 – is entitled to be paid the per diem allowance and travel expenses provided for state officers and employees generally.
In addition to the fees specified in subsections 1 and 2, a board of county commissioners or governing body of a city may provide that, for each day of such attendance or service, each person is entitled to be paid the per diem allowance and travel expenses provided for state officers and employees generally.
Each person summoned to attend as a grand juror or a trial juror in the district court or justice court, or a trial juror in the municipal court, and each grand juror and trial juror in the district court or justice court, or trial juror in the municipal court, is entitled to receive 36.5 cents a mile for each mile necessarily and actually traveled if the home of the person summoned or serving as a juror is 30 miles or more from the place of trial.
Each person summoned to attend as a grand juror or a trial juror in the district court or justice court, or a trial juror in the municipal court, and each grand juror and trial juror in the district court or justice court, or trial juror in the municipal court, is entitled to receive 36.5 cents a mile for each mile necessarily and actually miles or more from the place of trial.ed or serving as a juror is 5.
5.
If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.
If the jury from any cause is discharged in a civil action without finding a verdict and the party - 82nd Session (2023) – 4 – who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.
The money paid by the clerk of the court to jurors for their services in a civil action or proceeding, which the clerk of the court has received from the party demanding the jury, must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.
The money paid by the clerk of the court to jurors for their services in a civil action or proceeding, which the clerk of the court from the total amount due them for attendance as such jurors, and any balance is a charge against the county.
Sec.
Secs.
3.
3-5.
NRS 176A.850 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
176A.850 1.
A person who:
(a) Has fulfilled the conditions of probation for the entire period thereof;
(b) Is recommended for earlier discharge by the Division;
or (c) Has demonstrated fitness for honorable discharge but because of economic hardship, verified by the Division, has been unable to make restitution as ordered by the court,  may be granted an honorable discharge from probation by order of the court.
2.
A person whose term of probation has expired and:
(a) Whose whereabouts are unknown;
(b) Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship;
or (c) Who has otherwise failed to qualify for an honorable discharge as provided in subsection 1, - *SB222_R1* – 5 –  is not eligible for an honorable discharge and must be given a dishonorable discharge.
A dishonorable discharge releases the person from any further obligation, except as otherwise provided in subsection 3.
3.
Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge and is enforceable pursuant to NRS 176.275.
4.
A person who has been discharged from probation:
(a) Is free from the terms and conditions of probation.
(b) Is immediately restored to the right to serve as a juror .
[in a civil action.] (c) Four years after the date of discharge from probation, is restored to the right to hold office.
(d) [Six years after the date of discharge from probation, is restored to the right to serve as a juror in a criminal action.
(e)] If the person meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to the conviction.
[(f)] (e) Must be informed of the provisions of this section and NRS 179.245 in the person’s probation papers.
[(g)] (f) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
[(h)] (g) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit.
As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.
[(i)] (h) Except as otherwise provided in paragraph [(h),] (g), need not disclose the conviction to an employer or prospective employer.
5.
The prior conviction of a person who has been discharged from probation may be used for purposes of impeachment.
In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.
Upon discharge from probation, the person so discharged must be given an official document which provides:
(a) That the person has received an honorable discharge or dishonorable discharge, as applicable, from probation;
(b) That the person is restored to his or her civil right to serve as a juror [in a civil action] as of the date of his or her discharge from probation;
and (c) The date on which the person’s civil right to hold office will be restored pursuant to paragraph (c) of subsection 4 .
[;
and - *SB222_R1* – 6 – (d) The date on which the person’s civil right to serve as a juror in a criminal action will be restored pursuant to paragraph (d) of subsection 4.] 7.
A person who has been discharged from probation in this State or elsewhere and whose official documentation of discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person’s civil rights pursuant to this section.
Upon verification that the person has been discharged from probation and is eligible to be restored to the civil rights set forth in subsection 4, the court shall issue an order restoring the person to the civil rights set forth in subsection 4.
A person must not be required to pay a fee to receive such an order.
8.
A person who has been discharged from probation in this State or elsewhere may present:
(a) Official documentation of discharge from probation, if it contains the provisions set forth in subsection 6;
or (b) A court order restoring the person’s civil rights,  as proof that the person has been restored to the civil rights set forth in subsection 4.
Sec.
4.
NRS 213.155 is hereby amended to read as follows:
213.155 1.
A person who receives a discharge from parole pursuant to NRS 213.154:
(a) Is immediately restored to the right to serve as a juror .
[in a civil action.] (b) Four years after the date of his or her discharge from parole, is restored to the right to hold office.
[(c) Six years after the date of his or her discharge from parole, is restored to the right to serve as a juror in a criminal action.] 2.
Upon his or her discharge from parole, a person so discharged must be given an official document which provides:
(a) That the person has received an honorable discharge or dishonorable discharge, as applicable, from parole;
(b) That the person is restored to his or her civil right to serve as a juror [in a civil action] as of the date of his or her discharge from parole;
and (c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph (b) of subsection 1 .
[;
and (d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph (c) of subsection 1.] 3.
A person who has been discharged from parole in this State or elsewhere and whose official documentation of his or her discharge from parole is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his - *SB222_R1* – 7 – or her civil rights pursuant to this section.
Upon verification that the person has been discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1.
A person must not be required to pay a fee to receive such an order.
4.
A person who has been discharged from parole in this State or elsewhere may present:
(a) Official documentation of his or her discharge from parole, if it contains the provisions set forth in subsection 2;
or (b) A court order restoring his or her civil rights,  as proof that the person has been restored to the civil rights set forth in subsection 1.
5.
The Board may adopt regulations necessary or convenient for the purposes of this section.
Sec.
5.
NRS 213.157 is hereby amended to read as follows:
213.157 1.
A person convicted of a felony:
(a) Who is placed on probation, granted parole or granted a pardon is immediately restored to the right to vote;
(b) Who has served his or her sentence and has been released from prison:
(1) Is immediately restored to the right to serve as a juror .
[in a civil action.] (2) Is immediately restored to the right to vote.
(3) Four years after the date of his or her release from prison, is restored to the right to hold office.
[(4) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.] 2.
Upon his or her release from prison, a person so released must be given an official document which provides:
(a) That the person has been released from prison;
(b) That the person is restored to his or her civil right to serve as a juror [in a civil action] as of the date of his or her release from prison;
and (c) The date on which his or her civil right to hold office will be restored to the person pursuant to subparagraph (3) of paragraph (b) of subsection 1 .
[;
and (d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to subparagraph (4) of paragraph (b) of subsection 1.] 3.
A person who has been released from prison in this State or elsewhere and whose official documentation of his or her release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section.
Upon verification that the person has been released from prison and is eligible to be restored to the civil - *SB222_R1* – 8 – rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1.
A person must not be required to pay a fee to receive such an order.
4.
A person who has been released from prison in this State or elsewhere may present:
(a) Official documentation of his or her release from prison, if it contains the provisions set forth in subsection 2;
or (b) A court order restoring his or her civil rights,  as proof that the person has been restored to the civil rights set forth in subsection 1.
Sec.
6.
Nothing in this act shall be construed to limit the ability of:
(Deleted by amendment.) Sec.
6.7.
A court, prosecuting attorney, defendant, or attorney for the defendant to:
There is hereby appropriated from the State General Fund to the Administrative Office of the Courts the sum of $20,000 for the establishment of a connection to the information technology systems of the Department of Health and Human Services to carry out the provisions of section 6 of this act.
(a) Challenge or remove a prospective juror on the basis of actual, implied, or inferable bias;
2.
or (b) Inquire about the records of criminal history of a prospective juror during a voir dire examination of prospective jurors;
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
or 2.
Either party to exercise its peremptory challenges.
Sections 1 to 7, inclusive, of this act become effective:
Section 6.7 of this act becomes effective on July 1, 2023.
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
3.
Sections 1 to 6.5, inclusive, and 7 of this act become effective:
- 82nd Session (2023) – 5 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *SB222_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Chapter 268.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

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

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

  8. From committee: Do pass. Placed on Second Reading File. Read second time.

  9. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  10. From committee: Amend, and do pass as amended. Read third time. Amended. (Amend. No. 778.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To printer.

  11. From printer. To engrossment. Engrossed. First reprint. To committee.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 275.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

  13. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 60 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (60)

60 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
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Frequently asked questions

Who sponsors SB 222?
SB 222 is sponsored by Daly, Skip (Democratic), Doñate, Fabian (Democratic), Flores, Edgar (Democratic), Ohrenschall, James (Democratic), Pazina, Julie (Democratic), Scheible, Melanie (Democratic), and Harris, Dallas.
What is the current status of SB 222?
This bill has been enacted into law. Introduced March 06, 2023. Enacted.
Where can I track SB 222?
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