Assembly Bill No. 84

Assembly Bill No. 84-Committee on Judiciary

CHAPTER

224

AN ACT relating to victims of crime; providing that the acceptance of payment from the board of examiners for certain services rendered to a victim constitutes an agreement not to collect additional payment for such services from the victim; clarifying the definition of victim; revising the provisions governing eligibility for aid; eliminating emergency awards of aid; making various other changes to the provisions governing aid to certain victims of crime; and providing other matters properly relating thereto.

[Approved June 30, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

~^
Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding another provision of law, if a person who provides a service to a victim for which compensation is ordered pursuant to paragraph (a) of subsection 1 of NRS 217.200 accepts payment from the board for such a service, the person shall be deemed to have agreed to the condition that:
1. Such payment by the board constitutes payment in full for the service provided; and
2. The person may not collect or attempt to collect further payment from the victim or person on whose behalf the payment is made by the board.
Sec. 2. NRS 217.020 is hereby amended to read as follows:
217.020 As used in NRS 217.010 to 217.270, inclusive, [and] sections 3 and 4 of [this act,] Assembly Bill No. 110 of this session and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section of [this act] Assembly Bill No. 110 of this session have the meanings ascribed to them in those sections.
Sec. 3. 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 NRS 484.3795; [or]
5. A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219; or
6. 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).
The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.
Sec. 4. NRS 217.180 is hereby amended to read as follows:
217.180 1. In determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim [which] that directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, the need of the victim or his dependents for financial aid and other relevant matters.
2. If the applicant has received or is likely to receive [any] an amount on account of his [injuries] injury or the death of another from:
(a) The person who committed the crime [which] that caused the victim's injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) [Any other] Another private or public source or program of assistance,
the applicant shall report the [amounts] amount received or [which] that he is likely to receive to the compensation officer. Any of those sources [which] that is obligated to pay [any] an amount after the award of compensation shall pay the board [any] the amount of compensation [which] that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts [which] that the applicant has received or is likely to receive from those sources from the applicant's total expenses.
3. An order for compensation may be made whether or not [any] a person is prosecuted or convicted of [any] an offense arising from the act on which the claim for compensation is based.
4. As used in this section, "public source or program of assistance" means:
(a) Public assistance, as defined in NRS 422.050;
(b) Social services provided by a social service agency, as defined in NRS 430A.080; or
(c) Other assistance provided by a public entity.
Sec. 5. NRS 217.210 is hereby amended to read as follows:
217.210 1. Except as otherwise provided in subsection [3, no] 2, an order for the payment of compensation [may] must not be made unless the application is made within 1 year after the date of the personal injury or death on which the claim is based, unless waived by the board of examiners or a person designated by the board for good cause shown, and the personal injury or death was the result of an incident or offense [which] that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.
2. [A claim with respect to which information has been requested from an applicant by the compensation officer, hearing officer or appeals officer remains open for 1 year after the request is made. If an applicant does not submit the requested information within 1 year after the request is made, the claim must be denied.
3.] The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching 21 years of age.
Sec. 6. NRS 217.220 is hereby amended to read as follows:
217.220 1. 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 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 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;
(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) Was injured or killed while serving a sentence of imprisonment in a prison or jail;
(f) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or
(g) 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 the offender would not profit by the compensation of the victim.
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.
Sec. 7. NRS 217.095 is hereby repealed.
Sec. 8. This act becomes effective upon passage and approval.
________