Nevada recently became the first state to enact a state version of the federal law known as the “Hyde Amendment,” which provides for reimbursement of the litigation expenses of a defendant who is acquitted or otherwise prevails against the government in a criminal action if the court finds that the government’s position in the case was without merit. SB 186 was unanimously passed by both houses of the Nevada Legislature and was signed into law by Governor Brian Sandoval, a former federal district court judge. The new Nevada law is modeled after the 1997 federal law and provides that “[a] court may, in a criminal action, award to a prevailing party, other than the State reasonable attorney’s fees and litigation expenses incurred by the party in the criminal action if the court finds that the position of the State was vexatious, frivolous or in bad faith.”