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- 83rd Session (2025)
Senate Bill No. 350–Senator Ohrenschall
CHAPTER..........
AN ACT relating to criminal procedure; extending the time for
which a judgment of death must be executed; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, when a judgment of death is pronounced, a judge is
required to issue a warrant that appoints the week in w hich the judgment is to be
executed. Existing law requires the appointed week to be not less than 60 days and
not more than 90 days from the time the judgment was pronounced. (NRS 176.345)
Section 1 of this bill instead requires the appointed week: (1) to be not less than
120 days nor more than 180 days from the time of judgment; or (2) if there is any
warrant in any case appointing a week within which the judgment is to be executed
in force at the time a new warrant is issued, to be not less than 120 days nor more
than 180 days from the latest date appointed for execution of the judgment.
Under existing law, if for any reason a judgment of death has not been executed
and it remains in force, the court which rendered the judgment of death must draw a
new warrant. Existing law requires the new warrant to appoint a week in which the
judgment is to be executed that is not less than 15 days nor more than 30 days after
the date of the warrant. (NRS 176.495) Section 2 of this bill instead requires the
appointed week to be not less than 120 days nor more than 180 days after the date
of the warrant, and in any event, not less than 120 days nor more than 180 days
from the latest date appointed by any warrant in any case for execution of the
judgment.
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 176.345 is hereby amended to read as follows:
176.345 1. When a judgment of death has been pronounced,
a certified copy of the judgment of conviction must be forthwith
executed and attested in triplicate by the clerk under the seal of the
court. There must be attached to the triplicate copies a warrant
signed by the judge, attested by the clerk, under the seal of the court,
which:
(a) Recites the fact of the conviction and judgment;
(b) Appoints a week, the first day being Monday and the last
day being Sunday, within which the judgment is to be executed,
which must [not] :
(1) Except as otherwise provided in subparagraph (2), be
not less than [60] 120 days nor more th an [90] 180 days from the
time of judgment; or
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- 83rd Session (2025)
(2) If there is any warrant in any case appointing a week
within which the judgment is to be executed in force at the time a
new warrant is issued pursuant to this section, be not less than 120
days nor more than 180 days from the latest date appointed for the
judgment to be executed; and
(c) Directs the sheriff to deliver the prisoner to such authorized
person as the Director of the Department of Corrections designates
to receive the prisoner, for execution. The prison must be designated
in the warrant.
2. The original of the triplicate copies of the judgment of
conviction and warrant must be filed in the office of the county
clerk, and two of the triplicate copies must be immediately delivered
by the clerk to the sheriff of the county. One of the triplicate copies
must be delivered by the sheriff, with the prisoner, to such
authorized person as the Director of the Department of Corrections
designates, and is the warrant and authority of the Director for t he
imprisonment and execution of the prisoner, as therein provided and
commanded. The Director shall return the certified copy of the
judgment of conviction to the county clerk of the county in which it
was issued. The other triplicate copy is the warrant and authority of
the sheriff to deliver the prisoner to the authorized person
designated by the Director. The final triplicate copy must be
returned to the county clerk by the sheriff with the sheriff’s
proceedings endorsed thereon.
Sec. 2. NRS 176.495 is hereby amended to read as follows:
176.495 1. If for any reason a judgment of death has not been
executed, and it remains in force, the court in which the conviction
was had must, upon the application of the Attorney Gen eral or the
district attorney of the county in which the conviction was had,
cause another warrant to be drawn, signed by the judge and attested
by the clerk under the seal of the court, and delivered to the Director
of the Department of Corrections.
2. The warrant must state the conviction and judgment and
appoint a week, the first day being Monday and the last day being
Sunday, within which the judgment is to be executed. The first day
of that week must be not less than [15] 120 days nor more than [30]
180 days after the date of the warrant [.] and, in any event, be not
less than 120 days nor more than 180 days from the latest date
appointed by any warrant in any case for the judgment to be
executed.
3. The Director shall execute a sentence of death wi thin the
week the judgment is to be executed, as designated by the district
court. The Director may execute the judgment at any time during
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- 83rd Session (2025)
that week if a stay of execution is not entered by a court of
appropriate jurisdiction.
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