WeVote
Log In

Bill

Bill

AB 63

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

2025 Regular Session

Creates a California-style loitering with intent to prostitute crime (with victim protections) and overhauls Nevada wrongful-conviction damages and eligibility.

(Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)
0
WeVote Research Nonpartisan
Bill Summary · AB 63

AB 63 — Summary (Introduced Dec. 2, 2024; status: no further action allowed as of 5/17/2025)

Note: The legislative record and bill text provided combine provisions that appear to pertain to two distinct subject areas (a California-style loitering-with-intent-to-prostitute provision and revisions to Nevada’s wrongful-conviction statutes, NRS 41.900–41.970). This summary organizes the content under those two themes and highlights procedural status and outstanding amendment proposals.

Purpose

  • Reinstate and define a criminal prohibition on loitering with intent to commit prostitution (includes procedural safeguards for arrests and referrals for trafficking victims).
  • Revise statutes governing civil actions for wrongful conviction, including who may sue, evidentiary criteria for relief, the damages schedule, and limits on certain non-monetary awards.

Key provisions

A. Loitering with intent to commit prostitution (Penal Code §§ 653.20–653.22 — California-style language)

  • Adds definitions: “law enforcement,” “commit prostitution,” “loiter,” and “public place.”
  • Creates crime: unlawful to loiter in a public place with intent to commit prostitution (intent shown by conduct and circumstances that openly demonstrate soliciting/inducing/procuring prostitution).
  • Lists nonexclusive factors courts may consider (beckoning, stopping vehicles/pedestrians, circling in vehicle, prior prostitution-related convictions within 5 years, recent similar behavior).
  • Exempts persons under 18 from criminal application; allows dependency proceedings for commercially exploited children.
  • Protections and duties:
    • Prohibits arrest solely on the basis of perceived gender identity or sexual orientation.
    • Requires law enforcement to document attempts to offer services to the suspected individual before arrest.
    • If a peace officer determines the person is a trafficking victim and crimes have occurred, agency must initiate investigation under trafficking statutes (e.g., Section 236.23 / 236.1 references).
  • Fiscal/mandate note: By creating a new crime and imposing duties on local law enforcement, the bill constitutes a state-mandated local program; reimbursement provisions are addressed consistent with state-mandate law.

B. Wrongful-conviction civil actions (Amendments to NRS 41.900–41.950 — Nevada statutory framework)

  • Clarifies eligibility: a person not currently “incarcerated” (defined as confined in a local detention facility, county jail, or state prison) may bring suit for wrongful conviction.
  • Evidentiary standard for damages (preponderance of evidence): requires proving conviction was reversed/vacated with charging document dismissed, or not retried/found not guilty on retrial, or pardoned on grounds of innocence; and that reversal was not for legal error unrelated to innocence. The claimant must not have committed perjury or fabricated evidence causing the conviction.
  • Court discretion: permits consideration of lost/difficult-to-obtain evidence, unavailable witnesses, destruction of evidence; court may appoint counsel.
  • Damages schedule (NRS 41.950):
    • $50,000 per year for 1–10 years incarcerated;
    • $75,000 per year for 11–20 years;
    • $100,000 per year for 21+ years;
    • Not less than $25,000 per year for time on parole or required sex-offender registration (whichever greater).
  • Additional awards: reasonable attorney fees (generally capped at $25,000 unless good cause), reimbursement for specified costs (education, health coverage, reentry services, counseling, housing assistance up to certain amounts), subject to statutory limits.
  • Amendment in reprint: makes “any other relief” awarded by the court subject to a $100,000 per-calendar-year limitation.
  • Proposed (but not adopted) amendments from stakeholders would: require claim submission/approval by county authorities before payment, permit State reconsideration and recovery if new evidence emerges, require waivers of other claims (including federal §1983), change service requirements, require notice of subsequent settlements, and clarify recovery procedures — these remain proposals in the record.

Who is affected

  • For loitering provisions: persons in public places suspected of soliciting/prostituting; local law enforcement agencies (new duties/documentation); courts handling related prosecutions; commercially exploited minors (treated under dependency law).
  • For wrongful-conviction provisions: exonerees (persons no longer incarcerated who seek damages), the State (liability exposure), county/prosecuting agencies (service/claims processes), and courts adjudicating claims.

Procedural status & timeline

  • Introduced: Dec. 2, 2024.
  • Multiple committee referrals and amendments between Feb–Apr 2025; Assembly passed the bill as amended (Apr. 21, 2025).
  • Transmitted to Senate (referred to Senate Judiciary).
  • Final status in the provided record: Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed (May 17, 2025) — the bill did not advance further in that session.

Notes / Observations

  • The available materials combine statutes and language from different jurisdictions (California Penal Code-style sections and Nevada’s NRS chapters). Readers should verify jurisdictional applicability and consult the enacted text in the jurisdiction of interest.
  • Several stakeholder-proposed amendments (Attorney General, private counsel) appear in the record but were not final; they would materially change procedural and recovery mechanisms if adopted.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.