AB13 - Revises provisions relating to criminal justice. (BDR 14-475)

A.B. 13 - *AB13* ASSEMBLY BILL NO. 13–COMMITTEE ON JUDICIARY (ON BEHALF OF THE NEVADA SUPREME COURT) PREFILED OCTOBER 30, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal justice. (BDR 14-475) 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. AN ACT relating to criminal justice; clarifying provisions concerning certain civil liabilities that arise upon the discharge of a person from probation; authorizing a court to grant a general discharge from probation under certain circumstances; clarifying provisions relating to the enforcement of a judgment which imposes certain monetary penalties or requires a defendant to pay restitution; providing that the rebuttable presumption that records of criminal history should be sealed applies at the discretion of the court to a defendant who is given a general discharge from probation; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law: (1) authorizes a court to grant certain persons an honorable 1 discharge from probation; and (2) requires the court to dishonorably discharge any 2 person who is not eligible for an honorable discharge from probation. (NRS 3 176A.850) Section 2 of this bill authorizes a court to grant a person who is not 4 eligible for an honorable discharge a general discharge if the court determines, 5 based on the nature and extent of compliance with the conditions of probation, that 6 a general discharge is appropriate. 7 Existing law: (1) provides that, upon the filing of a petition for the sealing of 8 certain criminal records, a rebuttable presumption exists that the records should be 9 sealed; and (2) makes the presumption inapplicable to a defendant who is 10 dishonorably discharged from probation. (NRS 179.2445) Section 3 of this bill 11 provides that the rebuttable presumption that records of criminal history should be 12 – 2 – - *AB13* sealed applies at the discretion of the court to a defendant who is given a general 13 discharge from probation pursuant to section 2. 14 Existing law provides that a judgment which requires a defendant in a criminal 15 action to pay certain monetary penalties or restitution constitutes a lien which is 16 enforceable as a judgment in a civil action. (NRS 176.275) Section 2 clarifies that 17 the unpaid balance of any fine, fee, cost or assessment and any requirement to pay 18 restitution included in the judgment entered against a person who has been 19 discharged from probation constitutes a civil liability that: (1) arises upon the date 20 of discharge; and (2) is enforceable on the basis of the judgment. Section 1 of this 21 bill clarifies that independent actions may be commenced to enforce the provisions 22 of a judgment which: (1) impose a fine, fee, cost or assessment; or (2) require a 23 defendant to pay restitution. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 176.275 is hereby amended to read as follows: 1 176.275 1. A judgment which imposes a fine or 2 administrative assessment or requires a defendant to pay restitution 3 or repay the expenses of a defense constitutes a lien in like manner 4 as a judgment for money rendered in a civil action. 5 2. Independent actions may be commenced to enforce the 6 provisions of a judgment which: 7 (a) Impose a fine, fee, cost or assessment; or 8 (b) Require a defendant to pay restitution. 9 3. A judgment which requires a defendant to pay restitution: 10 (a) May be recorded, docketed and enforced as any other 11 judgment for money rendered in a civil action. 12 (b) Does not expire until the judgment is satisfied. 13 [3.] 4. An independent action to enforce a judgment which 14 requires a defendant to pay restitution may be commenced at any 15 time. 16 Sec. 2. NRS 176A.850 is hereby amended to read as follows: 17 176A.850 1. A person who: 18 (a) Has fulfilled the conditions of probation for the entire period 19 thereof; 20 (b) Is recommended for earlier discharge by the Division; or 21 (c) Has demonstrated fitness for honorable discharge but 22 because of economic hardship, verified by the Division, has been 23 unable to make restitution as ordered by the court, 24  may be granted an honorable discharge from probation by order 25 of the court. 26 2. [A] Except as otherwise provided in subsection 3, a person 27 whose term of probation has expired and: 28 (a) Whose whereabouts are unknown; 29 – 3 – - *AB13* (b) Who has failed to make restitution in full as ordered by the 1 court, without a verified showing of economic hardship; or 2 (c) Who has otherwise failed to qualify for an honorable 3 discharge as provided in subsection 1, 4  is not eligible for an honorable discharge and must be given a 5 dishonorable discharge. 6 3. The court may, at its discretion, grant a person whose term 7 of probation has expired and who is not eligible for an honorable 8 discharge a general discharge if the court determines, based upon 9 the nature and extent of compliance of the person with the 10 conditions of probation, that a general discharge is appropriate. 11 4. A dishonorable discharge or general discharge releases the 12 person from any further obligation, except as otherwise provided in 13 subsection [3. 14 3.] 5. 15 5. Any unpaid fine, fee, cost or assessment and any amount of 16 restitution remaining unpaid on the date of discharge constitutes a 17 civil liability [arising] that: 18 (a) Arises upon the date of discharge ; and [is] 19 (b) Is enforceable pursuant to NRS 176.275 [.] on the basis of 20 the judgment which imposes the fine, fee, cost or assessment or 21 requires the payment of restitution. 22 [4.] 6. A person who has been discharged from probation: 23 (a) Is free from the terms and conditions of probation. 24 (b) Is immediately restored to the right to serve as a juror in a 25 civil action. 26 (c) Four years after the date of discharge from probation, is 27 restored to the right to hold office. 28 (d) Six years after the date of discharge from probation, is 29 restored to the right to serve as a juror in a criminal action. 30 (e) If the person meets the requirements of NRS 179.245, may 31 apply to the court for the sealing of records relating to the 32 conviction. 33 (f) Must be informed of the provisions of this section and NRS 34 179.245 in the person’s probation papers. 35 (g) Is exempt from the requirements of chapter 179C of NRS, 36 but is not exempt from the requirements of chapter 179D of NRS. 37 (h) Shall disclose the conviction to a gaming establishment and 38 to the State and its agencies, departments, boards, commissions and 39 political subdivisions, if required in an application for employment, 40 license or other permit. As used in this paragraph, “establishment” 41 has the meaning ascribed to it in NRS 463.0148. 42 (i) Except as otherwise provided in paragraph (h), need not 43 disclose the conviction to an employer or prospective employer. 44 – 4 – - *AB13* [5.] 7. The prior conviction of a person who has been 1 discharged from probation may be used for purposes of 2 impeachment. In any subsequent prosecution of the person, the prior 3 conviction may be pleaded and proved if otherwise admissible. 4 [6.] 8. Upon discharge from probation, the person so 5 discharged must be given an official document which provides: 6 (a) That the person has received an honorable discharge , 7 general discharge or dishonorable discharge, as applicable, from 8 probation; 9 (b) That the person is restored to his or her civil right to serve as 10 a juror in a civil action as of the date of his or her discharge from 11 probation; 12 (c) The date on which the person’s civil right to hold office will 13 be restored pursuant to paragraph (c) of subsection [4;] 6; and 14 (d) The date on which the person’s civil right to serve as a juror 15 in a criminal action will be restored pursuant to paragraph (d) of 16 subsection [4. 17 7.] 6. 18 9. A person who has been discharged from probation in this 19 State or elsewhere and whose official documentation of discharge 20 from probation is lost, damaged or destroyed may file a written 21 request with a court of competent jurisdiction to restore the person’s 22 civil rights pursuant to this section. Upon verification that the person 23 has been discharged from probation and is eligible to be restored to 24 the civil rights set forth in subsection [4,] 6, the court shall issue an 25 order restoring the person to the civil rights set forth in subsection 26 [4.] 6. A person must not be required to pay a fee to receive such an 27 order. 28 [8.] 10. A person who has been discharged from probation in 29 this State or elsewhere may present: 30 (a) Official documentation of discharge from probation, if it 31 contains the provisions set forth in subsection [6;] 8; or 32 (b) A court order restoring the person’s civil rights, 33  as proof that the person has been restored to the civil rights set 34 forth in subsection [4.] 6. 35 Sec. 3. NRS 179.2445 is hereby amended to read as follows: 36 179.2445 1. Except as otherwise provided in subsection 2, 37 upon the filing of a petition for the sealing of records pursuant to 38 NRS 179.245, 179.247, 179.255, 179.259 or 179.2595, there is a 39 rebuttable presumption that the records should be sealed if the 40 applicant satisfies all statutory requirements for the sealing of the 41 records. 42 2. The presumption set forth in subsection 1 [does] : 43 (a) Applies at the discretion of the court to a defendant 44 who is given a general discharge from probation pursuant to 45 – 5 – - *AB13* NRS 176A.850 and applies to the court for the sealing of records 1 relating to the conviction. 2 (b) Does not apply to a defendant who is given a dishonorable 3 discharge from probation pursuant to NRS 176A.850 and applies to 4 the court for the sealing of records relating to the conviction. 5 Sec. 4. The amendatory provisions of this act apply to any 6 judgment which imposes a fine, fee, cost or assessment or requires a 7 defendant to pay restitution which is rendered before, on or after 8 July 1, 2025. 9 Sec. 5. This act becomes effective on July 1, 2025. 10 H