SUMMARY--Revises provisions governing aid to certain victims of crime. (BDR 16-489)
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 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.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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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 section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, 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 to 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.
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 resident of the State of Nevada at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a resident 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 injured or killed while serving a sentence of imprisonment in a prison or jail;
(e) 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
(f) 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 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. 7. NRS 217.095 is hereby repealed.
Sec. 8. This act becomes effective upon passage and approval.
TEXT OF REPEALED SECTION
217.095 Emergency award: Application; requirements; use; investigation; limitation on time for application; deduction from subsequent award.
1. A person is eligible for an emergency award pursuant to this section if he lacks financial resources which would allow him to pay compensable costs before a final award is made.
2. A person may request an emergency award in his application to the board for compensation. An emergency award may be made to:
(a) Replace money lost as a direct consequence of criminal action if the applicant needs to replace the lost money to pay his expenses for the next 30 days. An award pursuant to this paragraph must not exceed $400.
(b) Pay for the replacement or repair of lost or damaged property which is essential to the physical or psychological health of the applicant. Such property includes, but is not limited to, eyeglasses or dentures and other prosthetic devices, and locks, windows and doors of the victim's dwelling. An award pursuant to this paragraph must not exceed $1,000.
An emergency award must be granted if the applicant submits sufficient evidence to establish a prima facie case for granting compensation pursuant to NRS 217.010 to 217.270, inclusive, and to satisfy the requirements of this section.
3. The board shall refer the application for an emergency award and any supporting documents to a compensation officer within 5 working days after the application is received. The compensation officer shall investigate the application and render a decision within 5 working days after receiving the application.
4. No award may be made pursuant to this section unless the application is submitted within 45 days after the date of the personal injury or death on which the claim is based or, if an application could not reasonably have been submitted within that period, within 15 days after an application could reasonably have been submitted.
5. The amount of an emergency award must be deducted from any award subsequently granted.