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- 83rd Session (2025)
Assembly Bill No. 541–Committee on Ways and Means
CHAPTER..........
AN ACT relating to postconviction proceedings; revising provisions
relating to the payment of necessary costs and expenses
associated with certain proceedings based upon a
postconviction petition for a writ of habeas corpus; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
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
pay the costs of the proceedings or to employ counsel. Under existing law, if the
court determines that the petitioner is unable to pay all necessary costs and
expenses incident to the proceedings and certain other requirements are met, the
costs must be paid from money appropriated to the O ffice of State Public Defender
for that purpose. After appropriations for that purpose are exhausted, existing law
requires that money be allocated to the Office of State Public Defender from the
Reserve for Statutory Contingency Account for the payment of the costs, expenses
and compensation. (NRS 34.750) Section 1 of this bill instead requires those costs
to be paid from money appropriated to the Department of Indigent Defense
Services for that purpose. After those appropriations are exhausted, section 1
requires that money be allocated to the Department of Indigent Defense Services
from the Reserve for Statutory Contingency Account for the payment of the costs,
expenses and compensation. Section 2 of this bill makes the same change in certain
generally applicable statutory provisions relating to the payment of compensation
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.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 34.750 is hereby amended to read as follows:
34.750 1. A petition may allege that the petitioner is unable
to pay the costs of the proceedings or to employ counsel. If the court
is satisfied that the allegation of indigency is true and the petition is
not dismissed summarily, the court may appoint counsel to represent
the petitioner. In making its determination, the court may consider,
among other things, the severity of the consequences facing the
petitioner and whether:
(a) The issues presented are difficult;
(b) The petitioner is unable to comprehend the proceedings; or
(c) Counsel is necessary to proceed with discovery.
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- 83rd Session (2025)
2. 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. After appropriations for that purpose are exhausted,
money must be allocated to the [office of the State Public Defender]
Department of Indigent Defense Services from the Reserve for
Statutory Contingency Account for the payment of the costs,
expenses and compensation.
3. After appointment by the court, counsel for the petitioner
may file and s erve supplemental pleadings, exhibits, transcripts and
documents within 30 days after:
(a) The date the court orders the filing of a response or answer;
or
(b) The date of counsel’s appointment,
whichever is later. 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.
4. The petitioner shall respond within 15 days after service to a
motion by the State to dismiss the action.
5. No further pleadings may be filed except as ordered by the
court.
Sec. 2. NRS 7.155 is hereby amended to read as follows:
7.155 Except as otherwise provided in NRS 180.008, the
compensation and expenses of an attorney appointed to represent a
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 se ntence, in which
case the compensation and expenses must be paid from money
appropriated to the [Office of State Public Defender, ] Department
of Indigent Defense Services , but after the appropriation for such
expenses is exhausted, money must be allocated to the [Office of
State Public Defender ] Department of Indigent Defense Services
from the Reserve for Statutory Contingency Account for the
payment of such compensation and expenses.
Sec. 3. 1. This section becomes effective upon passage and
approval.
2. Sections 1 and 2 of this act become effective:
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- 83rd Session (2025)
(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; and
(b) On July 1, 2025, for all other purposes.
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