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(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT A.B. 63
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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.
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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 authorize s 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 $100,0 00 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 quali fied health plan; (3) programs for reentry into the 24
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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 provis ions 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 ba sis 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
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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 requir ed to 43
register as a sex offender, whichever period of time was greater. 44
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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 purs uant 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 shal l not receive 44
compensation for any period of imprisonment during which the 45
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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
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