Revises provisions relating to civil actions for wrongful conviction. (BDR 3-440)

Existing law authorizes a person who is not currently incarcerated for any offense to bring a civil action for his or her wrongful conviction against this State in a district court seeking damages or other relief. (NRS 41.900-41.970) Section 1 of this bill defines the term “incarcerated” for such purposes. Existing law also requires, among other things, that a person seeking such damages or other relief prove by a preponderance of the evidence that: (1) the person's conviction was reversed or vacated and his or her charges were dismissed; (2) the basis for reversing or vacating the conviction was not legal error that was unrelated to his or her innocence, and if a new trial was ordered, the person was found not guilty at the new trial or the person was not retried and his or her charges were dismissed; or (3) the person was pardoned by the State Board of Pardons Commissioners on the grounds that the person was innocent. (NRS 41.900) Section 1.5 of this bill makes technical changes relating to when a conviction is reversed or vacated. If a person brings an action for wrongful conviction which results in the court entering a certificate of innocence, existing law requires the court to award monetary damages based upon the length of time for which the person was imprisoned and for which the person was on parole or required to register as a sex offender. Existing law additionally authorizes the court to award, in addition to monetary damages, reasonable attorney's fees, certain reimbursements and, subject to a limitation of $100,000 in a calendar year, payment for the cost of: (1) tuition, books and fees for the person to enroll in any course or academic program at an institution operated by the Nevada System of Higher Education; (2) participation in Medicare or Medicaid or a qualified health plan; (3) programs for reentry into the community; (4) counseling services; (5) housing assistance; and (6) programs for assistance for financial literacy. Finally, existing law also authorizes the court to award any other relief, which is not subject to the limitation of $100,000 in a calendar year. (NRS 41.950) Section 2 of this bill makes any other relief awarded by the court subject to the limitation of $100,000 in a calendar year. Section 3 of this bill clarifies that the amendatory provisions of this bill apply to an action for wrongful conviction that is filed on or after the effective date of this bill.