Legislative briefs for April 24, 2001

Tuesday, April 24, 2001 | 10:14 a.m.

Partisan voting passes measure

By a 25-13 partisan vote, the Assembly Monday approved a bill giving the defendant in a capital murder case a better chance of escaping the death penalty.

Assembly Bill 327 provides that defense lawyers will have a second and the last chance to address the jury in the penalty phase of the hearing. The present procedure requires the prosecution to go first in its arguments, then the defense and then the prosecution again.

Assemblywoman Chris Giunchigliani, D-Las Vegas, said Nevada differs from most states in that the jury must decide if the mitigating circumstances presented by the defendant outweigh the aggravating factors submitted by the prosecution. She said that places the burden on the defendant.

But Assemblyman Greg Brower, R-Reno, said Nevada law follows the majority of states in having the prosecution present the final argument because the burden of proof is on the district attorney's office.

The bill was supported by Democrats and opposed by Republicans. It goes to the Senate.

Assembly panel passes measure

The Assembly Judiciary Committee Monday approved a bill making it more difficult for law enforcement to confiscate homes and automobiles from a person accused of a crime.

Senate Bill 36 requires the prosecution in the civil forfeiture case to show by clear and convincing evidence that the goods were gained through illegal activity.

Clark County Deputy District Attorney Ben Graham agreed the bill would make seizures more difficult but not impossible.

"It will not have a significant effect on our abilities," Graham said. "We've been using higher standards all along."

In 80 percent of the cases, Graham said law enforcement ends up with the goods and materials by default anyway because the individual doesn't show up in court.

Law enforcement now keeps all proceeds it seizes, but the bill provides that after expenses are paid for law enforcement, the first $100,000 a year goes to police and prosecutors. After that 70 percent of the remaining money goes to schools for books and computer equipment and the rest to law enforcement. Sen. Mark James, R-Las Vegas, who sponsored the bill, estimated the schools in Clark County might get up to $1 million a year.

Assembly approves review boards

A bill allowing the creation of review boards to examine misconduct by police at the various campuses of the University and Community College System of Nevada was unanimously passed by the Assembly Monday.

The review boards, to consist of 15 or more members to be appointed by the Board of Regents, would oversee police but would not have any power to sanction officers who get out of line. The boards would make recommendations to the police chief.

Assemblywoman Bonnie Parnell, D-Carson City, said the 1993 Legislature ordered police on the campuses to submit reports but that was not done for several years.

Assembly Bill 634 is also a result of the highly criticized drug raid by police at UNLV last year.

AB634 goes to the Senate.

Marriage licenses would take jump

The cost of getting a marriage license would jump to $50 in October, up from the present $35, under a bill approved by the Assembly Monday.

Assembly Bill 94, which goes to the Senate, also says that the commissioner of civil marriages in Clark and Washoe counties will charge $50 for performing a wedding ceremony, up from the present $35. The commissioner would have to send $5 of the increased $15 to support domestic violence programs.

The cost of a marriage license would again rise, by $5, in 2003, with the money going to finance domestic violence programs.

Assemblywoman Debbie Smith, D-Sparks, said the bill also raises the fees for work by county recorders with that money going to modernize office technology. She said some of the fees haven't been raised since 1991.