Assembly Bill No. 336–Assemblymen Manendo, McClain, Koivisto, Parks, McCleary, Anderson, Andonov, Arberry, Atkinson, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Hardy, Horne, Knecht, Leslie, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams

 

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AN ACT relating to criminal procedure; revising the provisions regarding notification of victims of a crime if the defendant is released before or during a trial; providing that a victim can request information concerning the release of the defendant by telephone in certain circumstances; 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 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[;] , including, without limitation, when

the defendant is released pending trial or subject to electronic

supervision;

    (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.  A request for information pursuant to subsection 1 must be

made:

    (a) In writing; or

    (b) By telephone through an automated or computerized

system of notification, if such a system is available.

    3.  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;] 5;

        (2) The form that the witness must use to request notification

[;] in writing; 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,] 4, documentation

that includes:

        (1) A form advising the person of the right to be notified

pursuant to subsection [4 or] 5 or 6 and NRS 176.015, 176A.630,

209.392, 209.3925, 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.] 4. The following persons are entitled to receive

documentation pursuant to paragraph (b) of subsection [2:] 3:

    (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.] 5. Except as otherwise provided in subsection [5,] 6, if the

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.

    [5.] 6. If the offender was convicted of a violation of

subsection 3 of NRS 200.366 or a violation of subsection 1,

paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b)

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.

    [6.] 7. 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.

    [7.] 8. As used in this section:

    (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 201.180;

        (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) Luring a child using a computer, system or network

pursuant to NRS 201.560, if punished as a felony;

        (12) Annoyance or molestation of a minor pursuant to

NRS 207.260;

        (13) An offense that, pursuant to a specific statute, is

determined to be sexually motivated; or

        (14) An attempt to commit an offense listed in this

paragraph.

    Sec. 2.  This act becomes effective on July 1, 2003.

 

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