SUMMARY--Makes various changes concerning domestic violence. (BDR 1-935)
FISCAL NOTE: Effect on Local Government: No.
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 courts; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; changing the definition of abuse or neglect of a child to include repetitious or severe violence against the parent, guardian or sibling of the child; prohibiting an insurer from denying a claim solely because the claim involves domestic violence; 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 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years if the person actively participates in a program of counseling related to the prevention of domestic violence.
3. The justice of the peace may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 2 NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years if the person actively participates in a program of counseling related to the prevention of domestic violence.
3. The municipal judge may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 3 NRS 200.508 is hereby amended to read as follows:
200.508 1. A person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
3. As used in this section:
(a) "Abuse or neglect" means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, repetitious or severe violence against a parent, guardian or sibling of the child, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.
(b) "Allow" means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) "Substantial mental harm" means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by [an observable] a documented and substantial impairment of the ability of the child to function within [his] a normal range of performance or behavior [.] for a child of the same age and intellect as the child.
Sec. 4 Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not deny a claim solely because the claim involves an act which constitutes domestic violence pursuant to NRS 33.018, regardless of whether the insured contributed to the loss or injury.
Sec. 5 Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
A society shall not deny a claim solely because the claim involves an act which constitutes domestic violence pursuant to NRS 33.018, regardless of whether the insured contributed to the loss or injury.
Sec. 6 Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
A corporation shall not deny a claim solely because the claim involves an act which constitutes domestic violence pursuant to NRS 33.018, regardless of whether the insured contributed to the injury.
Sec. 7 Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
A health maintenance organization shall not deny a claim solely because the claim involves an act which constitutes domestic violence pursuant to NRS 33.018, regardless of whether the insured contributed to the injury.
Sec. 8 Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:
An organization for dental care shall not deny a claim solely because the claim involves an act which constitutes domestic violence pursuant to NRS 33.018, regardless of whether the insured contributed to the injury.
Sec. 9 NRS 695F.090 is hereby amended to read as follows:
695F.090Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions of this Title, to the extent reasonably applicable:
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
3. The requirements of NRS 679B.152.
4. The fees imposed pursuant to NRS 449.465.
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.
7. Chapter 683A of NRS.
8. Section 4 of this act.
Sec. 10 Sections 1 and 2 of this act become effective at 12:01 a.m. on October 1, 1997.