Changes to the Nevada Criminal Laws – Wrongful Convictions
In this last article in our series regarding new laws passed by the 2019 Nevada legislature and signed into law by the governor, this article discusses Assembly Bill 267 (AB267), which allows those who were wrongfully convicted in Nevada to be able to gain redress from the state. This legislature focused much of their attention on changes to Nevada’s criminal code. We have focused on a few of the changes in this series. This new law takes effect October 1, 2019.
AB267 sets conditions and monetary awards and non-monetary relief required of the courts as a means of redress for the wrongful conviction. Those exonerated of crimes by state courts or found to have been wrongfully convicted are now able to sue the state for damages. For those who have been imprisoned for a wrongful conviction, the new law sets a sliding scale for awards based on length of imprisonment for the wrongfully convicted act, with the top award being $100,000 per year, if imprisoned for 21 years or longer.
Conditions for suing the state for redress for a wrongful conviction
Statute of Limitations
Must file within 2 years after:
- A judgement or conviction was reversed and vacated, and charges dismissed
- Or, if court ordered a new trial and person was found not guilty or was not retried and charges were dismissed
- Or was pardoned by State Board of Pardons on grounds of innocence
Conditions
If a person is not currently incarcerated and was wrongfully convicted in Nevada, they may bring civil action in a district court and must prove by a preponderance of the evidence that he or she was:
- Convicted of a felony in Nevada and subsequently imprisoned
- Did not commit the crime for which imprisoned and was not:
- An Accessory or Accomplice to the acts for which convicted
- Did not commit the acts which formed the basis of conviction
- Did not aid or abet or act as Accessory or Accomplice to persons who committed the acts which formed the basis of conviction
- Was not convicted of an act included in the charged offense
- Any of the following:
- Conviction was reversed or vacated, and charges dismissed
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- The basis of reversal or vacating charges was not a legal error unrelated to innocence and new trial found person not guilty, or was not retried and charges were dismissed
- Was pardoned by State Board of Pardons on grounds of innocence
- Did not commit perjury or fabricate evidence in convicted offense
Monetary Awards and non-monetary relief if wrongfully convicted
Non-Monetary Relief if successful in Wrongful Conviction action:
- Court required to issue Certificate of Innocence
- Court to order sealings all records of wrongful conviction
Monetary Relief if successful in Wrongful Conviction action:
- If imprisoned for 1-10 years = $50,000 for each year imprisoned
- If imprisoned for 11-20 years = $75,000 for each year imprisoned
- If imprisoned for greater than 21 years = $100,000
- Not less than $25,000 per year if person was on parole or if person was required to register as a sex offender
Other Monetary Relief Awarded:
- Reasonable attorney fees not to exceed $25,000 for case
- Tuition, Books, and Fees to attend Nevada System of Higher Education
- Health Care from the State
- Programs for re-entry to community
- Housing Assistance
- Restitution from person who committed the acts for which convicted
- Medical Care paid by person while imprisoned for wrongfully convicted act
- Counseling Services for person and relatives
- Assistance for Financial Literacy
The Defenders provides a strong and aggressive criminal defense
The lawyers of the Defenders have the knowledge and experience to provide an aggressive defense for criminal charges you are facing. Our lawyers know the law and can represent you to protect your rights. If you’ve been charged with a criminal offense, call our office today to discuss your situation at (702) 333-3333.
Learn More:
https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6486/Overview
