Amendment vs bill Amendment 332 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Senate Bill No.
Session (83rd) A SB7 332 Amendment No.
7–Committee on Judiciary CHAPTER..........
332 Senate Amendment to Senate Bill No.
7 (BDR 14-247) Proposed by:
Senate Committee on Judiciary Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
MAV/KRO - Date:
4/18/2025 S.B.
No.
7—Revises provisions relating to presentence investigations and reports.
(BDR 14-247) Page 1 of 6 *A_SB7_332* Senate Amendment No.
332 to Senate Bill No.
7 Page 3 SENATE B ILLN O.
7–COMMITTEE ON JUDICIARY (ON B EHALF OF THED IVISION OP AROLE AND PROBATION OF THED EPARTMENT OF P UBLICS AFETY) PREFILED OCTOBER 29,2024 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to presentence investigations and reports.
(BDR 14-247) 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.
authorizing a court to waive the requirement that the Division of Parole and Probation of the Department of Public Safety make a presentence investigation and report under certain circumstances;
[reorganizing certain provisions related] authorizing a court to waive the requirement that the Division of Parole and Probation of the Department of Public Safety make a presentence [investigations] investigation and [reports;
revising requirements relating to a presentence investigation and report that must include a psychosexual evaluation of the defendant;
clarifying certain requirements governing the submission of a presentence investigation and report and the disclosure of the factual contents of any such report;] report under certain circumstances;
Existing law requires the Division of Parole and Probation of the Department of Public Safety to make a presentence investigation and report to the court on certain requirement if the defendant and the prosecuting attorney stipulate to waive thehis requirement and the court approves the stipulation.
Existing law requires the Division of Parole and Probation of the Department of Public Safety to make a presentence investigation and report to the court on certain defendants.
(NRS 176.135) [Under existing law, the Chief Parole and Probation Officer must submit any such report to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk.
(NRS 176A.100) Sections] Section 1 [and 3] of this bill [reorganize this requirement.] authorizes the court to waive this requirement if the defendant and the prosecuting attorney stipulate to waive the requirement and the court approves the stipulation.
(1) include a psychosexual evaluation as arrange for a psychosexual evaluation of each defendant to whom this requirement(2) applies.
(1) include a psychosexual evaluation as part of a presentence investigation and report under certain circumstances;
(NRS 176.135, 176.139) Existing law requires a person who conducts a psychosexual evaluation of a defendant to provide a copy of the written report of the results of the evaluation to the Division.
and (2) arrange for a Senate Amendment No.
(NRS 176.139) Section 1 provides that if the Division does not receive a copy of the written report of the results of the evaluation at least 3 days before the sentencing hearing, a failure by the Chief before the sentencing hearing is not grounds for an order of contempt.nd report In general, existing law requires the Division to disclose the factual content of the report of any presentence investigation made by the Division to the prosecuting attorney, the counsel for the defendant, the defendant and the court not later than 14 calendar days before the defendant who is the subject of the report will be sentenced.
332 to Senate Bill No.
(NRS 176.153) Section 2 of this bill reduces that period to 7 calendar days.
7 Page 4 psychosexual evaluation of each defendant to whom this requirement applies.
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EXPLANATION – Matter in bolded italics is new;
(NRS 176.135, defendant to provide a copy of the written report of the results of the evaluation to the Division.
matter between brackets [omitted material] is material to be omitted.
(NRS 176.139) [If] Section 1 provides that if the Division [has] does not [received] receive a copy of the written report of the results of the evaluation [within 45 days after receiving the request for a presentence investigation from the county clerk, section 1 provides that] at least 3 days before the sentencing hearing, a failure by the Chief Parole and Probation Officer [is not required] to submit the presentence investigation and report [to the court until 3 days after the date on which the Division receives a copy of the written report.] before the sentencing hearing is not grounds for an order of contempt.
In general, existing law requires the Division to disclose the factual content of the report of any presentence investigation made by the Division to the prosecuting attorney, the counsel defendant who is the subject of the report will be sentenced.
(NRS 176.153) [Sections 1 and] Section 2 of this bill [clarify] reduces that [this 14-day] period [is separate from, independent of and in addition to the 45-day period within which existing law requires the Chief Parole and Probation Officer to submit the report of any presentence investigation made by the Division to the court.] to 7 calendar days.
Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation - 83rd Session (2025) – 2 – and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony [.] unless:
Except as otherwise provided in this section and NRS 176.151, the Division shall make a presentence investigation and report to the court on each defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, a felony [.] unless:
(a) The defendant and the prosecuting attorney stipulate to wai(b) The court approves the stipulation.
(a) The defendant and the prosecuting attorney stipulate to waive the requirement;
and (b) The court approves the stipulation.
If a defendant is convicted of a felony other than a sexual offense or of a gross misdemeanor and the conviction is of an probation is permitted, the Division shall, before the imposition of sentence or the granting of probation, make a presentence investigation and report to the court that includes a psychosexual evaluation of the defendant if the defendant and the prosecuting attorney submit to the court a joint request for a presentence investigation and report that includes a psychosexual evaluation of the defendant.
If a defendant is convicted of a felony other than a sexual offense or of a gross misdemeanor and the conviction is of an offense for which the suspension of sentence or the granting of probation is permitted, the Division shall, before the imposition of sentence or the granting of probation, make a presentence investigation and report to the court that includes a psychosexual evaluation of the Senate Amendment No.
332 to Senate Bill No.
7 Page 5 defendant if the defendant and the prosecuting attorney submit to the court a joint request for a presentence investigation and report that includes a psychosexual evaluation of the defendant.
Such training must include, without limitation, - 83rd Session (2025) – 3 – education concerning behavioral health needs and intellectual or developmental disabilities.
Such training must include, without limitation, education concerning behavioral health needs and intellectual or developmental disabilities.
If the Division does not receive the written report of the results of a psychosexual evaluation required by NRS 176.139 at Parole and Probation Officer to submit the presentenceby the Chief investigation and report before the sentencing hearing does not constitute an act or omission that may serve as the basis for an order of contempt pursuant to NRS 22.010 or 199.340.
[Except as otherwise provided in this subsection, the Chief Parole and Probation Officer shall submit a presentence investigation and report required pursuant to this section to the court not later than 45 days after receiving the request for a presentence investigation from the county clerk.] If the Division [has] does not [received a copy of] receive the written report of the results of a psychosexual evaluation required by NRS 176.139 [within] at least 3 days before the [45-day period,] sentencing hearing, a failure by the Chief Parole and Probation Officer [is not required] to submit the presentence investigation and report [until 3 days after the date on which the Division receives a copy of the written report.
8.
The period specified in subsection 7 is separate from, independent of and in addition to the minimum period specified in NRS 176.153.] before the sentencing hearing does not constitute an act or omission that may serve as the basis for an order of contempt pursuant to NRS 22.010 or 199.340.
The defendant may waive the minimum period required by sub4.ctiAs used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.
The defendant may waive the minimum period required by subsection 1.
4.
[The minimum period required by subsection 1 is separate from, independent of and in addition to the period specified in subsection 7 of NRS 176.135.
5.] As used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.
(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually Senate Amendment No.
- 83rd Session (2025) – 4 – paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person.
332 to Senate Bill No.
7 Page 6 fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.
(b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant pro2.tioIn determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
(c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
2.
In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.
Except as otherwise provided in this subsection, and unless the court approves a stipulation waiving the requirement for the Division to make a presentence investigation and report to the court pursuant to subsection 1 of NRS 176.135, if a person is convicted of a felony and the Division is required to make a 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer.
Except as otherwise provided in this subsection, and unless the court approves a stipulation waiving the requirement for the Division to make a presentence investigation and report to the court pursuant to subsection 1 of NRS 176.135, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer.
The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the sentencing court or county clerk.
The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk.
If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.
If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, [the period specified in subsection 7 of NRS 176.135,] the court may grant probation without the report.
- 83rd Session (2025) – 5 – probation, the court shall, when determining the conditions of that for probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
5.
If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
The amendatory provisions of this act apply to any request for a presentence investigation received by the Division of Parole and Probation of the Department of Public Safety from a sentencing court or county clerk in this State on or after July 1, 2025.
The amendatory provisions of this act apply to any request for a presentence investigation received by the Division of Parole and Probation of the Department of Public Safety from a county clerk in this State on or after July 1, 2025.
~~~~~ 25 - 83rd Session (2025)