Nevada § 175.554 - Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled

§ 175.554. Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be intellectually disabled

In cases in which the death penalty is sought: 1. The court shall instruct the jury at the end of the penalty hearing, and shall

include in its instructions the aggravating circumstances alleged by the prosecution

upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged

by the defense upon which evidence has been presented during the trial or at the hearing. 2. The jury shall determine: (a) Whether an aggravating circumstance or circumstances are found to exist; (b) Whether a mitigating circumstance or circumstances are found to exist; and (c) Based upon these findings, whether the defendant should be sentenced to imprisonment

for a definite term of 50 years, life imprisonment with the possibility of parole,

life imprisonment without the possibility of parole or death. 3. The jury may impose a sentence of death only if it finds at least one aggravating

circumstance and further finds that there are no mitigating circumstances sufficient

to outweigh the aggravating circumstance or circumstances found. 4. If a jury imposes a sentence of death, the jury shall render a written verdict

signed by the foreman. The verdict must designate the aggravating circumstance or circumstances which were

found beyond a reasonable doubt, and must state that there are no mitigating circumstances

sufficient to outweigh the aggravating circumstance or circumstances found. 5. If a sentence of death is imposed and a prior determination regarding intellectual

disability has not been made pursuant to NRS 174.098 , the defendant may file a motion to set aside the penalty on the grounds that the

defendant is intellectually disabled. If such a motion is filed, the court shall conduct a hearing on that issue in the

manner set forth in NRS 174.098 . If the court determines pursuant to such a hearing that the defendant is intellectually

disabled, it shall set aside the sentence of death and order a new penalty hearing

to be conducted. Either party may appeal such a determination pursuant to NRS 177.015 .