AB 541 — Revises provisions relating to indigent petitioners. (BDR 3-1153)

EXEMPTAssembly A.B.Bill No.

541541–Committee Aon SSEMBLYWays Band ILLNMeans O.CHAPTER..........

541–COMMITTEE ON W AYS AND M EANS (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) M ARCH 31, 2025 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions relating to indigent petitioners.

(BDR 3-1153) 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.

Existing law authorizes an offender who is convicted of a crime and under a sentence of death or imprisonment to file a postconviction petition for a writ of habeas corpus to challenge the validity of a judgment of conviction or the computation of time that the person has served pursuant to a judgment of conviction.

(NRS 34.724) Such a petition may allege that the petitioner is unable to courtpay determines that the petitioner is unable to pay all necessary costs andof the expenses incident to the proceedings andor certain other requirements are met, the costs must be paid from money appropriated to theemploy Officecounsel. of State Public Defender for that purpose.

Under existing law, if the court determines that the petitioner is unable to pay all necessary costs and costs must be paid from money appropriated to the Office of State Public Defender for that purpose.

Section 2 of this bill makes the same change in certain generally applicable statutory provisions relating to the payment of compensation - *AB541* – 2 – and expenses of an attorney appointed to represent an indigent defendant or petitioner.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

2.- 83rd Session (2025) – 2 – necessary costs and expenses incident to the proceedings of the trialall court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the [office of the State Public Defender] Department of Indigent Defense Services for that purpose.

If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the [office of the State Public Defender] Department of Indigent Defense Services for that purpose.

or (b) The date of counsel’s appointment, or whicheveranswer isby later.the respondent must be filed within 15 days after response receipt of the supplemental pleadings and include any response to the supplemental pleadings.

If it has not previously been filed, the response or answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.

7.155 Except as otherwise provided in NRS 180.008, the compensation and expenses of an attorney appointed to represent a - *AB541* – 3 – defendant must be paid from the county treasury unless the proceedings are based upon a postconviction petition for habeas corpus challenging a judgment of conviction or sentence, in which case the compensation and expenses must be paid from money ofappropriated Indigentto Defensethe Services,[Office butof afterState thePublic appropriationDefender,] forDepartment such expenses is exhausted, money must be allocated to the [Office ofofch State Public Defender] Department of Indigent Defense Services from the Reserve for Statutory Contingency Account for the payment of such compensation and expenses.

- 83rd Session (2025) – 3 – (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~~~~~ 25 - *AB541*83rd Session (2025)