SUMMARY--Requires certain information to be provided to victims of and witnesses to sexual or violent offenses. (BDR 14-291)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to criminal procedure; requiring the court to provide certain information to victims of and witnesses to sexual or violent offenses; requiring the prosecuting attorney to provide certain information to victims of sexual or violent offenses committed by juveniles; 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 NRS 178.569 is hereby amended to read as follows:
178.569 As used in NRS 178.5692 to 178.5698, inclusive, ["victim of a crime" or "victim" includes a relative of any person:
1.] unless the context otherwise requires:
1. "Relative" has the meaning ascribed to it in NRS 217.060.
2. "Victim of a crime" or "victim" includes a relative of a person:
(a) Against whom a crime has been committed; or
[2.] (b) Who has been injured or killed as a direct result of the commission of a crime.
[For the purpose of this section, "relative" has the meaning ascribed to it in NRS 217.060.]
Sec. 2 NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the written request of a victim or witness, inform him:
(a) When the defendant is released from custody at any time before or during the trial;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which he was directly involved.
2. If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection 4;
(2) The form that the witness must use to request notification; and
(3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b) To each person listed in subsection 3, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 4 or 5, NRS 176.015, 176.221, 209.392, 209.521, 213.010, 213.040, 213.095 and 213.130;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
3. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 2:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
4. Except as otherwise provided in subsection [3,] 5, if the [crime] offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.
[3.] 5. If the offender was convicted of a violation of [paragraph (c) of subsection 2] subsection 3 of NRS 200.366 or a violation of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victim's family related within the third degree of consanguinity, if the member of the victim's family so requests in writing and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,
before the offender is released from prison.
[4.] 6. The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.
[5.] 7. As used in this section [, "immediate] :
(a) "Immediate family" means any adult relative of the victim living in the victim's household.
(b) "Sexual offense" means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 210.180;
(6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to NRS 201.450;
(11) Annoyance or molestation of a minor pursuant to NRS 207.260;
(12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
(13) An attempt to commit an offense listed in this paragraph.
Sec. 3 Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a petition filed pursuant to the provisions of this chapter contains allegations that a child committed an act which would be a sexual offense if committed by an adult or which involved the use or threatened use of force or violence against the victim, the prosecuting attorney shall provide to the victim and a parent or guardian of the victim, as soon as practicable after the petition is filed, documentation that includes:
(a) A form advising the victim and the parent or guardian of their rights pursuant to the provisions of this chapter; and
(b) The form or procedure that must be used to request disclosure pursuant to subsection 12 of NRS 62.193.
2. As used in this section, "sexual offense" means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(c) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(d) Open or gross lewdness pursuant to NRS 201.210;
(e) Indecent or obscene exposure pursuant to NRS 201.220;
(f) Lewdness with a child pursuant to NRS 201.230;
(g) Sexual penetration of a dead human body pursuant to NRS 201.450;
(h) Annoyance or molestation of a minor pursuant to NRS 207.260; or
(i) An attempt to commit an offense listed in this subsection.
Sec. 4 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.