Senate Bill No. 224–Senators Titus, Carlton,
Wiener and Mathews

 

CHAPTER..........

 

AN ACT relating to domestic violence; allowing the designation of an attendant in all civil and certain criminal proceedings involving a victim of an act of 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.  Chapter 50 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  In any civil action involving a victim of an act of domestic

violence pursuant to NRS 33.018, the victim may designate a

person to act as an attendant during any proceeding to provide

support to the victim.

    2.  The victim may designate any person to act as an

attendant.

    3.  An attendant:

    (a) Is not required to possess or obtain any special

qualifications, such as certification or training, to serve as an

attendant pursuant to this section.

    (b) Shall be available to provide moral and emotional support

to the victim.

    (c) Shall be available to assist the victim in feeling more

confident that the victim will not be injured or threatened at any

time during any proceeding.

    (d) Unless otherwise ordered by the court, must be allowed to

be present in close proximity to the victim during any proceeding.

    4.  Unless the attendant is an attorney licensed or otherwise

authorized to practice in this state, the attendant shall not provide

any legal advice to the victim. Any action taken by the attendant in

accordance with this section shall be deemed not to constitute the

unauthorized practice of law pursuant to NRS 7.285.

    5.  The attendant may be designated by a party as a witness

and must not be excluded from the proceedings. If a party

designates the attendant as a witness, the attendant must be

examined and cross-examined before any other witness testifies.

    6.  For the purposes of this section, “victim of an act of

domestic violence pursuant to NRS 33.018” includes any person

who alleges that he is a victim of an act of domestic violence

pursuant to NRS 33.018, regardless of whether or not the alleged

perpetrator of the act of domestic violence has been charged with

or convicted of any criminal offense related to that act.

 

    Sec. 2.  NRS 178.571 is hereby amended to read as follows:

    178.571  1.  Except as otherwise provided in subsection 2, in a

case involving any act of domestic violence pursuant to NRS

33.018, a violation of NRS 200.366, 200.368 or 200.373, a battery

with intent to commit a sexual assault pursuant to NRS 200.400, a

violation of any provision of NRS 200.5091 to 200.5099, inclusive,

a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an

attempt or a conspiracy to commit any of these offenses, a witness

may designate an attendant who must be allowed to attend the

preliminary hearing and the trial during the witness’s testimony to

provide support.

    2.  In a case involving an offense in which a minor is a witness,

the witness who is a minor may designate an attendant who must be

allowed to attend the preliminary hearing and the trial during the

witness’s testimony to provide support.

    3.  The attendant may be designated by a party as a witness and,

except as otherwise provided in this section, must not be excluded

from the proceedings. If a party designates the attendant as a

witness, the attendant must be examined and cross-examined before

any other witness testifies.

    4.  Except as otherwise provided in this subsection and

subsection 5, the attendant must not be a reporter or editorial

employee of any newspaper, periodical or press association or an

employee of any radio or television station. The provisions of this

subsection do not apply to an attendant to a witness in a case

involving a violation of any provision of NRS 200.5091 to

200.50995, inclusive.

    5.  The parent, child, brother or sister of the witness may serve

as the attendant of the witness whether or not the attendant is a

reporter or an editorial employee of any newspaper, periodical or

press association or an employee of any radio or television station,

but the attendant shall not make notes during the hearing or trial.

    6.  The court:

    (a) Shall, if the witness requests, allow the attendant to sit next

to the witness while the witness is testifying; or

    (b) May, if the witness requests that the attendant be in another

location in the courtroom while the witness is testifying, allow the

attendant to be in that location while the witness is testifying.

    7.  Except as otherwise provided in this subsection, the court

shall allow the attendant to have physical contact with the witness

while the witness is testifying, if the court determines that such

contact is reasonably appropriate or necessary to provide support to

the witness. If the attendant attempts to influence or affect in any

manner the testimony of the witness during the giving of testimony

or at any other time, the court shall exclude that attendant and allow

the witness to designate another attendant.

    8.  A party may move to exclude a particular attendant for good

cause, and the court shall hear the motion out of the presence of the

jury, if any. If the court grants the motion, the witness may

designate another attendant.

 

²⁰~~~~~⁰³