AB 63 — Revises provisions relating to civil actions for wrongful conviction. (BDR 3-440)

(Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT A.B.

(NRS 41.900)41.900-41.970) Section 1 of this bill insteaddefines authorizes a person who is not currently in custody to bring such a civil actIf a person brings an action for wrongful conviction which results in the courtterm entering“incarcerated” a certificate of innocence, existing law requires the court to award monetary damages based upon the length of time for whichsuch thepurposes. person was imprisoned and for which the person was on parole or required to register as a sex offender.

Existingdamages lawor additionallyother authorizesrelief theprove courtby to award, in addition to monetary damages, reasonable attorney’s fees, certain reimbursements and, subject to a limitationpreponderance of $100,000 in a calendar year, payment for the costevidence of:that:

(1) tuition,the institutionperson’s operatedconviction bywas thereversed Nevadaor Systemvacated ofand Higherhis Education;or her charges were dismissed;

(2) the basis for reversing or vacating the conviction was not legal error that was unrelated to his or her innocence, and if a new trial was ordered, the person was found not guilty at the new trial or the person was not retried and his or her charges were dismissed;

or (3) the person was pardoned by the State Board of Pardons Commissioners on the grounds that the person was innocent.

(NRS 41.900) Section vacated.his bill makes technical changes relating to when a conviction is reversed or If a person brings an action for wrongful conviction which results in the court entering a certificate of innocence, existing law requires the court to award monetary damages based upon the length of time for which the person was imprisoned and for which the person was on parole or required to register as a sex offender.

Existing law additionally authorizes the court to award, in addition to to a limitation of $100,000 in a calendar year, payment for the cost of:

(1) tuition, books and fees for the person to enroll in any course or academic program at an institution operated by the Nevada System of Higher Education;

(3) programs for reentry into the - *AB63_R1* – 2 – community;

Finally, existing law also authorizes the court to award any other relief, which is not subject to the limitation of $100,000 in a calendar year.

(NRS 41.950) Section 2 of this bill makes any other relief awarded by Sectionthe 3court ofsubject thisto bill clarifies that the amendatorylimitation provisions of this$100,000 billin applya tocalendar anyear. action for wrongful conviction that is filed on or after the effective date of this bill.

-Section *AB63*3 –of 2this –bill THEclarifies PEOPLEthat OFthe THEamendatory STATEprovisions OFof NEVADA,this REPRESENTEDbill INapply SENATEto ANDan ASSEMBLY,action DOfor ENACTwrongful ASconviction FOLLOWS:that is filed on or after the effective date of this bill.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

As used in NRS 41.900 to 41.970, inclusive, unless the context otherwise requires, “incarcerated” means confined in a local detention facility, county jail or state prison.

Sec.

1.5.

A person who is not currently [incarcerated]incarcerated in custody for any offense may bring a civil action for his or her wrongful conviction against this State in a district court seeking damages or other relief provided by NRS 41.950.

(1) The judgment of conviction was reversed or vacated and, [and] the charging document was dismissed;dismissed [;

(2) TheThe] and the basis for reversing or vacating the judgment of conviction was not legal error that was unrelated to his or her innocence,innocence [, and if a court orderedordered] a; new trial, the person was found not guilty at the new trial or the person was not retried and the charging document was dismissed;

(2) The judgment of conviction was reversed or Commissionersvacated onand, following a new trial, the groundsperson thatwas hefound not guilty at the - *AB63_R1* – 3 – new trial or shethe person was innocent;not retried and the charging document was dismissed;

andnsor (e)(3) The person didwas notpardoned commitby perjury or fabricate evidence at the criminalState proceedingBoard thatof broughtPardons aboutCommissioners hison or her felony conviction and the persongrounds didthat nothe by his or hershe ownwas conductinnocent; cause or bring about his or her felony conviction.

and (e) The person did not commit perjury or fabricate evidence at the criminal proceeding that brought about his or her felony conviction and the person did not by his or her own conduct cause or bring about his or her felony conviction.

or - *AB63* – 3 – (d) Any other factor not caused by the person or any other person acting on his or her behalf.

- *AB63_R1* – 4 – 2.

(2) Participation by the person in Medicare or Medicaid, if the person is eligible for Medicare or Medicaid, or a qualified health plan offered on the health insurance exchange administered by the Silver State Health Insurance Exchange which has been designated - *AB63* – 4 – by the Exchange as a Bronze or Silver plan, if the person is not eligible for Medicare or Medicaid.

A court shall not award and a person shall not receive compensation for any period of imprisonment during which the - *AB63_R1* – 5 – person was concurrently serving a sentence for a conviction of another offense for which the person was lawfully convicted and imprisoned.[imprisoned.] incarcerated.

If counseling services are awarded to the person pursuant to subsection 2, the person may select a relative to receive counseling with the person.

As used in this subsection, “relative” means aaeling person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

- *AB63* – 5 – action for wrongful conviction that is filed on or after the effective date of this act.

3.

The amendatory provisions of this act apply to an action for wrongful conviction that is filed on or after the effective date of this act.

Sec.

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