Assembly Bill No. 110-Assemblymen Giunchigliani, Arberry, Buckley, Bache, Collins, Herrera, Anderson, Ernaut, Koivisto, Parks, Lee, Tiffany, Carpenter, Neighbors, Chowning, Krenzer, Humke, Close, Von Tobel, Amodei, Manendo, Freeman, Lambert, Braunlin, Cegavske, Hettrick, Perkins, Price, Segerblom, Williams, Mortenson, Ohrenschall, Berman, Goldwater, Evans, Hickey, Sandoval, Nolan, Marvel, de Braga and Dini
January 30, 1997
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Referred to Committee on Judiciary
SUMMARY--Makes various changes concerning victims of crime. (BDR 3-273)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to victims of crime; providing that any costs and fees associated with an order for protection against domestic violence must be assessed against the adverse party; providing that a resident of this state who becomes a victim of a crime in another state may apply for compensation for his injuries under certain circumstances; providing that a nonresident who was victimized in this state may be awarded compensation for his injuries under certain circumstances; making various other changes concerning compensation for certain victims of criminal acts; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 33.050 is hereby amended to read as follows:
33.0501. The payment of all costs and official fees must be deferred for any applicant for a temporary or extended order. After any hearing and no later than final disposition of the application or order, the court shall assess the costs and fees against [a party, apportion them between the parties,] the adverse party, except that the court may reduce them or waive them, as justice may require.
2. The clerk of the court shall provide each party, free of cost, with information about the:
(a) Availability of temporary and extended orders;
(b) Procedure for filing an application for an order; and
(c) Right to proceed without legal counsel.
3. The clerk of the court or other person designated by the court shall assist any party in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for a temporary or extended order. This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.
Sec. 2. Chapter 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. "Resident" means a person who:
1. Is a citizen of the United States or who is lawfully entitled to reside in the United States and;
2. During the 6 weeks preceding the date of the crime was:
(a) Domiciled in this state; and
(b) Physically present in this state, except for any temporary absence.
Sec. 4. A resident who is a victim of a crime that occurred in a state other than the State of Nevada may apply to the board for compensation if:
1. The state in which the crime occurred does not have a program for compensating victims of crime for their injuries; or
2. The resident is ineligible to receive compensation under the program of the other state.
Sec. 5. NRS 217.020 is hereby amended to read as follows:
217.020As used in NRS 217.010 to 217.270, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 217.035 is hereby amended to read as follows:
217.035"Crime" means [an] :
1. An act or omission committed within this state which, if committed by an adult, is forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline [.] ; or
2. An act of international terrorism as defined in 18 U.S.C. § 2331(1) against a resident.
Sec. 7. NRS 217.070 is hereby amended to read as follows:
217.070 "Victim" means:
1. A person who is physically injured or killed as the direct result of a criminal act;
2. A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;
3. A minor who was sexually abused, as "sexual abuse" is defined in NRS 432B.100; [or]
4. A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS 484.3795 [.] ; or
5. A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).
Sec. 8. NRS 217.220 is hereby amended to read as follows:
217.2201. Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:
(a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795;
(b) Was not a [resident of the State of Nevada] citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a [resident] citizen of the United States or was lawfully entitled to reside in the United States at that time;
(c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim's injuries; [or]
(d) Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime; or
(e) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.
2. Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.
3. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if [:
(a) The] the offender would not profit by the compensation of the victim . [; and
(b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795.]
4. The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:
(a) The value of the victim's dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal to the victim's annual salary.
[5. As used in this section, "resident" means a person who:
(a) Is a citizen of the United States or who is lawfully entitled to reside in the United States; and
(b) During the 6 weeks preceding the date of the crime was:
(1) Domiciled in this state; and
(2) Physically present in this state, except for any temporary absence.]
Sec. 9. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 10. This act becomes effective upon passage and approval.