AB63 - Revises provisions relating to civil actions for wrongful conviction. (BDR 3-440)

(Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT A.B. 63 - *AB63_R1* ASSEMBLY BILL NO. 63–COMMITTEE ON JUDICIARY (ON BEHALF OF THE ATTORNEY GENERAL) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to civil actions for wrongful conviction. (BDR 3-440) 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 actions concerning persons; revising provisions relating to civil actions for wrongful conviction; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a person who is not currently incarcerated for any 1 offense to bring a civil action for his or her wrongful conviction against this State in 2 a district court seeking damages or other relief. (NRS 41.900-41.970) Section 1 of 3 this bill defines the term “incarcerated” for such purposes. 4 Existing law also requires, among other things, that a person seeking such 5 damages or other relief prove by a preponderance of the evidence that: (1) the 6 person’s conviction was reversed or vacated and his or her charges were dismissed; 7 (2) the basis for reversing or vacating the conviction was not legal error that was 8 unrelated to his or her innocence, and if a new trial was ordered, the person was 9 found not guilty at the new trial or the person was not retried and his or her charges 10 were dismissed; or (3) the person was pardoned by the State Board of Pardons 11 Commissioners on the grounds that the person was innocent. (NRS 41.900) Section 12 1.5 of this bill makes technical changes relating to when a conviction is reversed or 13 vacated. 14 If a person brings an action for wrongful conviction which results in the court 15 entering a certificate of innocence, existing law requires the court to award 16 monetary damages based upon the length of time for which the person was 17 imprisoned and for which the person was on parole or required to register as a sex 18 offender. Existing law additionally authorizes the court to award, in addition to 19 monetary damages, reasonable attorney’s fees, certain reimbursements and, subject 20 to a limitation of $100,000 in a calendar year, payment for the cost of: (1) tuition, 21 books and fees for the person to enroll in any course or academic program at an 22 institution operated by the Nevada System of Higher Education; (2) participation in 23 Medicare or Medicaid or a qualified health plan; (3) programs for reentry into the 24 – 2 – - *AB63_R1* community; (4) counseling services; (5) housing assistance; and (6) programs for 25 assistance for financial literacy. Finally, existing law also authorizes the court to 26 award any other relief, which is not subject to the limitation of $100,000 in a 27 calendar year. (NRS 41.950) Section 2 of this bill makes any other relief awarded 28 by the court subject to the limitation of $100,000 in a calendar year. 29 Section 3 of this bill clarifies that the amendatory provisions of this bill apply 30 to an action for wrongful conviction that is filed on or after the effective date of this 31 bill. 32 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 41 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 As used in NRS 41.900 to 41.970, inclusive, unless the context 3 otherwise requires, “incarcerated” means confined in a local 4 detention facility, county jail or state prison. 5 Sec. 1.5. NRS 41.900 is hereby amended to read as follows: 6 41.900 1. A person who is not currently incarcerated for any 7 offense may bring a civil action for his or her wrongful conviction 8 against this State in a district court seeking damages or other relief 9 provided by NRS 41.950. 10 2. The court shall award damages for wrongful conviction in 11 accordance with NRS 41.950 if the person proves by a 12 preponderance of the evidence that: 13 (a) He or she was convicted of a felony in this State and was 14 subsequently imprisoned for the conviction; 15 (b) He or she did not commit the felony for which he or she was 16 convicted and the person: 17 (1) Was not an accessory or accomplice to the acts that were 18 the basis of the conviction; 19 (2) Did not commit the acts that were the basis of the 20 conviction; and 21 (3) Did not aid, abet or act as an accomplice or accessory to a 22 person who committed the acts that were the basis of the conviction; 23 (c) He or she was not convicted of an offense necessarily 24 included in the offense charged; 25 (d) Any of the following occurred: 26 (1) The judgment of conviction was reversed or vacated , 27 [and] the charging document was dismissed [; 28 (2) The] and the basis for reversing or vacating the judgment 29 of conviction was not legal error that was unrelated to his or her 30 innocence [, and if a court ordered] ; 31 (2) The judgment of conviction was reversed or vacated 32 and, following a new trial, the person was found not guilty at the 33 – 3 – - *AB63_R1* new trial or the person was not retried and the charging document 1 was dismissed; or 2 (3) The person was pardoned by the State Board of Pardons 3 Commissioners on the grounds that he or she was innocent; and 4 (e) The person did not commit perjury or fabricate evidence at 5 the criminal proceeding that brought about his or her felony 6 conviction and the person did not by his or her own conduct cause 7 or bring about his or her felony conviction. 8 3. The court, in exercising its discretion as permitted by law 9 regarding the weight and admissibility of evidence, may, in the 10 interest of justice, give due consideration to: 11 (a) The difficulty of providing evidence caused by the passage 12 of time; 13 (b) The death or unavailability of a witness; 14 (c) The destruction of evidence; or 15 (d) Any other factor not caused by the person or any other 16 person acting on his or her behalf. 17 4. The court may appoint an attorney to aid a person in an 18 action brought pursuant to this section. 19 5. For the purposes of subsection 2, the following do not 20 constitute committing perjury, fabricating evidence or causing or 21 bringing about the conviction of the person: 22 (a) A confession or an admission later found to be false; or 23 (b) If the judgment of conviction was reversed or vacated and 24 the charging document dismissed, a guilty plea for a felony. 25 6. As used in this section, “innocence” means that a person did 26 not engage in: 27 (a) The conduct for which he or she was convicted; and 28 (b) Any conduct constituting a lesser included or inchoate 29 offense of the crime for which he or she was convicted. 30 Sec. 2. NRS 41.950 is hereby amended to read as follows: 31 41.950 1. In an action brought pursuant to NRS 41.900 which 32 results in the court entering a certificate of innocence pursuant to 33 NRS 41.910, the court shall award the person: 34 (a) If the person was imprisoned for: 35 (1) One to 10 years, $50,000 for each year the person was 36 imprisoned for his or her wrongful conviction; 37 (2) Eleven to 20 years, $75,000 for each year the person was 38 imprisoned for his or her wrongful conviction; or 39 (3) Twenty-one years or more, $100,000 for each year the 40 person was imprisoned for his or her wrongful conviction; and 41 (b) Not less than $25,000 for each year the person was on parole 42 or not less than $25,000 for each year the person was required to 43 register as a sex offender, whichever period of time was greater. 44 – 4 – - *AB63_R1* 2. In addition to any damages awarded pursuant to subsection 1 1, the court may award: 2 (a) Reasonable attorney’s fees, not to exceed $25,000, unless a 3 greater amount is authorized by a court upon a finding of good 4 cause shown. 5 (b) Subject to the limitations in subsection 6, [payment] 6 reimbursement for the cost of: 7 (1) Tuition, books and fees for the person to enroll in any 8 course or academic program at an institution operated by the 9 Nevada System of Higher Education commenced not later than 3 10 years and completed not later than 10 years after the date the award 11 of damages is issued pursuant to subsection 1. 12 (2) Participation by the person in Medicare or Medicaid, if 13 the person is eligible for Medicare or Medicaid, or a qualified health 14 plan offered on the health insurance exchange administered by the 15 Silver State Health Insurance Exchange which has been designated 16 by the Exchange as a Bronze or Silver plan, if the person is not 17 eligible for Medicare or Medicaid. The court shall not award 18 payment pursuant to this subparagraph for any period in which the 19 person is enrolled in an employer-based health insurance plan. 20 (3) Programs for reentry into the community for the person 21 commenced not later than 3 years and completed not later than 5 22 years after the date the award of damages is issued pursuant to 23 subsection 1. 24 (4) Counseling services for the person commenced not later 25 than 2 years after the date the award of damages is issued pursuant 26 to subsection 1. 27 (5) Housing assistance in an amount not greater than $15,000 28 per year. 29 (6) Programs for assistance for financial literacy for the 30 person commenced not later than 2 years and completed not later 31 than 3 years after the date the award of damages is issued pursuant 32 to subsection 1. 33 (7) Any other relief. 34 (c) Reimbursement for: 35 (1) Restitution ordered to be paid by the person in the 36 criminal proceeding for which he or she was wrongfully convicted; 37 and 38 (2) Medical care paid for by the person while he or she was 39 imprisoned for his or her wrongful conviction. 40 [(d) Any other relief.] 41 3. Any award of damages issued pursuant to subsection 1 must 42 be rounded up to the nearest half year. 43 4. A court shall not award and a person shall not receive 44 compensation for any period of imprisonment during which the 45 – 5 – - *AB63_R1* person was concurrently serving a sentence for a conviction of 1 another offense for which the person was lawfully convicted and 2 [imprisoned.] incarcerated. 3 5. If counseling services are awarded to the person pursuant to 4 subsection 2, the person may select a relative to receive counseling 5 with the person. As used in this subsection, “relative” means a 6 person who is related by blood, adoption, marriage or domestic 7 partnership within the third degree of consanguinity or affinity. 8 6. A court shall not award payment pursuant to paragraph (b) 9 of subsection 2: 10 (a) In an amount greater than $100,000 in a calendar year. 11 (b) For a length of time that exceeds the period of time 12 described in subsection 1 during which the person was imprisoned 13 or on parole. 14 7. As used in this section, “qualified health plan” has the 15 meaning ascribed to it in NRS 695I.080. 16 Sec. 3. The amendatory provisions of this act apply to an 17 action for wrongful conviction that is filed on or after the effective 18 date of this act. 19 Sec. 4. This act becomes effective upon passage and approval. 20 H