Existing law authorizes an offender who is convicted of a crime and under a sentence of death or imprisonment to file a postconviction petition for a writ of habeas corpus to challenge: (1) the validity of a judgment of conviction; or (2) the computation of time that the person has served pursuant to a judgment of conviction. (NRS 34.724) Existing law also authorizes a person who has been convicted of a felony to file a petition for a hearing to establish the factual innocence of the person based on newly discovered evidence. (NRS 34.960) Section 2 of this bill defines the term “prosecuting agency” for the purpose of clarifying certain requirements relating to such petitions. Sections 5, 10, 11, 13 and 20-24 of this bill make conforming changes to substitute the defined term where appropriate. Sections 3 and 11 of this bill prescribe separate and distinct forms for a petition for a writ of habeas corpus that challenges the computation of time that a person has served pursuant to a judgment of conviction and a petition for a writ of habeas corpus that challenges the validity of a judgment of conviction, respectively. Section 10 of this bill makes a conforming change by requiring each type of petition to be: (1) appropriately titled; and (2) in substantially the form prescribed by sections 3 and 11. Section 2.5 of this bill authorizes a petitioner, under certain circumstances, to file and serve upon certain persons each type of petition by electronic means. Under section 2.5, the following may be filed or served by electronic means: (1) a response or answer filed by a prosecuting agency; (2) a copy of any decision or order served by the clerk of the court upon the petitioner or petitioner's attorney; and (3) a notice of a decision or order delivered to the petitioner or petitioner's attorney. Sections 6, 7 and 17 of this bill make conforming changes to indicate the proper placement of sections 2.5 and 3 in the Nevada Revised Statutes. Section 8 of this bill makes a nonsubstantive change to clarify that a person may file a postconviction petition for a writ of habeas corpus without paying a filing fee. Sections 9, 10, 12-14, 16, 18, 19, 24.1-24.3, 24.5 and 24.6 of this bill make certain other nonsubstantive changes in statutes concerning postconviction petitions. Existing law requires the respondent on a postconviction petition for a writ of habeas corpus to file with the court: (1) a return, which includes certain information relating to the basis on which the respondent has the petitioner in his or her custody or power; and (2) an answer responding to the allegations of the petition. (NRS 34.430, 34.745) Section 26 of this bill repeals the requirement that the respondent file a return with the court. Section 15 of this bill requires instead that the response or answer filed by the respondent include the information contained in a return under existing law. Sections 13, 14 and 16 make conforming changes relating to the elimination of the requirement that a respondent file a return with the court. Existing law provides that: (1) certain written motions, written notices, designations of record on appeal and similar papers must be served upon each of the parties in a criminal proceeding and filed with the court; and (2) with certain exceptions, any papers required to be served must be filed with the court in the manner provided in civil actions. (NRS 178.582, 178.584, 178.588) Section 24.4 of this bill authorizes a person, under certain circumstances, to file and send or receive service of a motion, notice or other legal document through electronic means. Section 25 of this bill makes the amendatory provisions of this bill applicable to a postconviction petition for a writ of habeas corpus filed on or after July 1, 2023.

Statutes affected:
As Introduced: 34.370, 34.700, 34.720, 34.722, 34.724, 34.726, 34.730, 34.735, 34.738, 34.745, 34.750, 34.760, 34.770, 34.780, 34.800, 34.810, 34.820, 34.830, 34.960, 34.970, 34.990, 34.430
Reprint 1: 34.370, 34.700, 34.720, 34.722, 34.724, 34.726, 34.730, 34.735, 34.738, 34.745, 34.750, 34.760, 34.770, 34.780, 34.800, 34.810, 34.820, 34.830, 34.960, 34.970, 34.990, 34.430
Reprint 2: 34.370, 34.700, 34.720, 34.722, 34.724, 34.726, 34.730, 34.735, 34.738, 34.745, 34.750, 34.760, 34.770, 34.780, 34.800, 34.810, 34.820, 34.830, 34.960, 34.970, 34.990, 7.155, 176.486, 176.487, 178.4871, 178.4873, 34.430
As Enrolled: 34.370, 34.700, 34.720, 34.722, 34.724, 34.726, 34.730, 34.735, 34.738, 34.745, 34.750, 34.760, 34.770, 34.780, 34.800, 34.810, 34.820, 34.830, 34.960, 34.970, 34.990, 7.155, 176.486, 176.487, 178.4871, 178.4873, 34.430
BDR: 34.370, 34.700, 34.720, 34.722, 34.724, 34.726, 34.730, 34.735, 34.738, 34.745, 34.750, 34.760, 34.770, 34.780, 34.800, 34.810, 34.820, 34.830, 34.960, 34.970, 34.990, 34.430