[Rev. 11/21/2013 10:09:30
AM--2013]
CHAPTER 217 - AID TO CERTAIN VICTIMS OF
CRIME
GENERAL PROVISIONS
NRS 217.005 Dissemination
of information describing benefits available pursuant to this chapter.
NRS 217.007 Right
of victim to receive proceeds from material based upon or related to crime; limitation
on liability.
COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS
NRS 217.010 Policy
of State.
NRS 217.020 Definitions.
NRS 217.025 “Appeals
officer” defined.
NRS 217.030 “Board”
defined.
NRS 217.033 “Compensation
officer” defined.
NRS 217.035 “Crime”
defined.
NRS 217.040 “Dependents”
defined.
NRS 217.045 “Hearing
officer” defined.
NRS 217.050 “Personal
injury” defined.
NRS 217.060 “Relative”
defined.
NRS 217.065 “Resident”
defined.
NRS 217.070 “Victim”
defined.
NRS 217.090 Compensation
officers: Appointment; duties; instruction.
NRS 217.100 Application
for compensation; medical reports.
NRS 217.102 Circumstances
under which resident injured in another state may apply for compensation.
NRS 217.105 Confidentiality
of information.
NRS 217.110 Review
of application; appeal of denial by compensation officer; investigation of
claim; availability and confidentiality of reports concerning crime committed
by minor; decisions.
NRS 217.112 Hearing
before hearing officer: Request by applicant; failure to request hearing
excused under certain circumstances; notice of change of address.
NRS 217.113 Hearing
before hearing officer: Procedure; subpoenas; evidence; records; decision.
NRS 217.115 Waiver
of times specified.
NRS 217.117 Appeal
of decision of hearing officer or appeals officer; powers and duties of appeals
officer.
NRS 217.120 Proof
of conviction conclusive evidence of commission of offense.
NRS 217.130 Regulations.
NRS 217.140 Attorney’s
fees.
NRS 217.150 Standards
for compensation.
NRS 217.160 Persons
who may be awarded compensation.
NRS 217.170 Suspension
of proceedings.
NRS 217.180 Order
for compensation: Considerations.
NRS 217.200 Payment
of compensation for expenses and losses; certificate for meritorious citizen’s
service; limitations.
NRS 217.210 Limitations
on time for making order for payment of compensation; exceptions.
NRS 217.220 Award
of compensation prohibited under certain circumstances; exceptions.
NRS 217.240 Recovery
by applicant: Subrogation; duty of notice and payment.
NRS 217.245 Acceptance
of payment from Board for certain services provided to victim constitutes
payment in full.
NRS 217.250 Reports.
NRS 217.260 Fund
for Compensation of Victims of Crime.
NRS 217.270 Unlawful
acts; penalty.
ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
NRS 217.280 “Victim
of sexual assault” defined.
NRS 217.290 County
to provide for counseling and medical treatment of victims.
NRS 217.300 Payment
of cost of initial medical care of victim; payment of costs incurred by
hospital for forensic medical examination of victim.
NRS 217.310 Application
for medical and psychological treatment of victim and spouse; companionship
during counseling; prerequisite to approval; certain costs of treatment for
victim of sexual assault or other eligible person to be charged to county.
NRS 217.320 Availability
of medical and psychological treatment; limitation of cost.
NRS 217.330 Certification
by person providing counseling or psychological treatment required.
NRS 217.340 Limitations
on time for treatment.
NRS 217.350 Regulations
prescribing procedures.
ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE
NRS 217.400 Definitions.
NRS 217.410 Allocation
of money to organizations specifically created to assist victims of sexual
assault.
NRS 217.420 Grants
from Account for Aid for Victims of Domestic Violence: Eligibility.
NRS 217.440 Account
for Aid for Victims of Domestic Violence: Creation; administration; application
for grant.
NRS 217.445 Expenditure
of grant must be approved by Division.
NRS 217.450 Procedure
for award of grants; formula.
NRS 217.460 Reports
from recipients of grants; report from Administrator of Division to
Legislature.
NRS 217.462 Fictitious
address for victim of domestic violence, human trafficking, sexual assault or
stalking: Eligibility; application to Secretary of State; penalty for providing
false information.
NRS 217.464 Fictitious
address for victim of domestic violence, sexual assault or stalking:
Designation of fictitious address; forwarding of mail; disclosure of
confidential address by Secretary of State; notification of school that pupil,
parent or legal guardian is participant.
NRS 217.466 Fictitious
address for victim of domestic violence, sexual assault or stalking: Form for
participant to register to vote or change address of registration.
NRS 217.468 Fictitious
address for victim of domestic violence, human trafficking, sexual assault or
stalking: Cancellation.
NRS 217.471 Fictitious
address for victim of domestic violence, sexual assault or stalking: Adoption
of procedures by Secretary of State.
NRS 217.475 Team
to review death of victim of domestic violence.
ASSISTANCE TO VICTIMS OF SEXUAL ABUSE
NRS 217.480 County
to provide for counseling of victims and certain relatives upon request.
CONTINGENCY ACCOUNT FOR VICTIMS OF HUMAN TRAFFICKING
NRS 217.500 Definitions.
NRS 217.510 “Contingency
Account” defined.
NRS 217.520 “Victim
of human trafficking” defined.
NRS 217.530 Creation;
administration; use.
NRS 217.540 Procedure
for applying for allocation from Contingency Account; Director authorized to
place conditions on acceptance of allocation; use of allocated money.
_________
_________
GENERAL PROVISIONS
NRS 217.005 Dissemination of information describing benefits available
pursuant to this chapter. The
Clerk of the Board may prepare and disseminate information describing the
benefits available pursuant to this chapter to victims of crime.
(Added to NRS by 1985, 2099; A 1991, 763)
NRS 217.007 Right of victim to receive proceeds from material based upon or
related to crime; limitation on liability.
1. A victim may commence any action
specified in NRS 11.190, 11.215 or 207.470 which arises from the commission
of a felony, against the person who committed the felony within 5 years after
the time the person who committed the felony becomes legally entitled to
receive proceeds for any contribution to any material that is based upon or
substantially related to the felony which was perpetrated against the victim.
2. If the limitation period established in
NRS 11.190, 11.215 or 207.520 has otherwise expired, the
liability of the person committing the felony to a victim imposed under this
section must be limited to the value of the proceeds received by the person who
committed the felony for any contribution to material that is based upon or
substantially related to the felony which was perpetrated against the victim.
3. For purposes of this section:
(a) “Material” means a book, magazine or
newspaper article, movie, film, videotape, sound recording, interview or
appearance on a television or radio station and live presentations of any kind.
(b) “Proceeds” includes money, royalties, real
property and any other consideration.
(c) “Victim” means any person:
(1) Against whom a crime has been
committed;
(2) Who has been injured or killed as a
direct result of the commission of a crime; or
(3) Who is the surviving spouse, a parent
or a child of such a person.
(Added to NRS by 1993, 453)
COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS
NRS 217.010 Policy of State. It
is the policy of this State to provide assistance to persons who are victims of
violent crimes or the dependents of victims of violent crimes.
(Added to NRS by 1969, 1151; A 1975, 1292, 1788;
1981, 1666)
NRS 217.020 Definitions. As
used in NRS 217.010 to 217.270,
inclusive, 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.
(Added to NRS by 1969, 1151; A 1975, 1292, 1788;
1981, 1666; 1983, 889; 1985, 2099; 1989, 261; 1991, 763; 1997, 192, 787)
NRS 217.025 “Appeals officer” defined. “Appeals
officer” means an appeals officer of the Department of Administration.
(Added to NRS by 1985, 2099; A 1991, 763)
NRS 217.030 “Board” defined. “Board”
means the State Board of Examiners.
(Added to NRS by 1969, 1151)
NRS 217.033 “Compensation officer” defined. “Compensation
officer” means a compensation officer of the Department of Administration.
(Added to NRS by 1989, 261; A 1991, 763)
NRS 217.035 “Crime” defined. “Crime”
means:
1. An act or omission committed within
this state which, if committed by an adult, is forbidden by law and punishable
upon conviction by death, imprisonment, fine or other penal discipline; or
2. An act of international terrorism as
defined in 18 U.S.C. § 2331(1) against a resident.
(Added to NRS by 1975, 1788; A 1991, 763; 1997, 192)
NRS 217.040 “Dependents” defined. “Dependents”
means the relatives of a deceased or injured victim who were wholly or
partially dependent upon the income of the victim at the time of his or her
death or injury.
(Added to NRS by 1969, 1151; A 1981, 1666)
NRS 217.045 “Hearing officer” defined. “Hearing
officer” means a hearing officer of the Department of Administration.
(Added to NRS by 1981, 1665; A 1991, 764)
NRS 217.050 “Personal injury” defined. “Personal
injury” means:
1. Actual bodily harm or threat of bodily
harm which results in a need for medical treatment;
2. In the case of a minor who was involved
in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730, any harm which results in a need
for medical treatment or any psychological or psychiatric counseling, or both;
3. Any harm which results from sexual
abuse; or
4. Any harm which results from a violation
of NRS 200.5099 or 200.50995.
(Added to NRS by 1969, 1151; A 1981, 1666; 1983, 818;
1985, 2099;
1995, 953; 2007, 748)
NRS 217.060 “Relative” defined. “Relative”
of any person includes:
1. A spouse, parent, grandparent or
stepparent;
2. A natural born, step or adopted child;
3. A grandchild, brother, sister, half
brother or half sister; or
4. A parent of a spouse.
(Added to NRS by 1969, 1151; A 1981, 1667)
NRS 217.065 “Resident” defined. “Resident”
means a person who:
1. Is a citizen of the United States or
who is lawfully entitled to reside in the United States; and
2. During the 6 weeks preceding the date of
the crime was:
(a) Domiciled in this state; and
(b) Physically present in this state, except for
any temporary absence.
(Added to NRS by 1997, 192)
NRS 217.070 “Victim” defined. “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;
4. A person who is physically injured or
killed as the direct result of a violation of NRS 484C.110 or any act or neglect of
duty punishable pursuant to NRS 484C.430
or 484C.440;
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 484E.010;
6. An older person who is abused,
neglected, exploited or isolated in violation of NRS 200.5099 or 200.50995;
7. 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); or
8. A person who is trafficked in violation
of subsection 2 of NRS 201.300.
Ê The term
includes a person who was harmed by any of these acts whether the act was
committed by an adult or a minor.
(Added to NRS by 1969, 1151; A 1975, 1789; 1981,
1667; 1983, 818; 1985,
2099; 1987,
2270; 1995,
953; 1997,
192, 787;
2005, 167; 2007, 748; 2013, 2435)
NRS 217.090 Compensation officers: Appointment; duties; instruction.
1. The Clerk of the Board shall appoint
one or more compensation officers.
2. A compensation officer shall:
(a) Conduct an investigation to determine the
eligibility of the applicant for aid, including but not limited to:
(1) Compiling bills and medical reports
from physicians who have treated the victim for his or her injury;
(2) Obtaining from the victim a signed
affidavit indicating the amount of any wages allegedly lost because of the
injury and verifying that information with the employer of the victim;
(3) Obtaining and reviewing reports of
peace officers and statements of witnesses; and
(4) Determining the availability to the
applicant of any insurance benefits or other source from which the applicant is
eligible to be compensated on account of his or her injuries or the death of
the victim.
(b) After completing the investigation, make a
determination of eligibility and render a written decision, including an order
directing payment of compensation, if compensation is due.
3. Each compensation officer appointed by
the Board must receive at least 8 hours of instruction concerning the methods
used to interview victims of crime before the compensation officer may conduct
interviews as a compensation officer.
(Added to NRS by 1969, 1151; A 1975, 1292, 1789;
1981, 1667; 1983, 1957; 1985, 397; 1989, 261, 1509; 1991, 764)
NRS 217.100 Application for compensation; medical reports.
1. Any person eligible for compensation
under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the Board for such
compensation. Where the person entitled to make application is:
(a) A minor, the application may be made on his
or her behalf by a parent or guardian.
(b) Mentally incompetent, the application may be
made on his or her behalf by a parent, guardian or other person authorized to
administer his or her estate.
2. The applicant must submit with his or
her application the reports, if reasonably available, from all physicians who,
at the time of or subsequent to the victim’s injury or death, treated or
examined the victim in relation to the injury for which compensation is claimed.
(Added to NRS by 1969, 1151; A 1975, 1292; 1977, 958;
1981, 1668)
NRS 217.102 Circumstances under which resident injured in another state may
apply for compensation. A resident
who is a victim of a crime that occurred in a state other than the State of
Nevada may apply to the Board for compensation if:
1. The state in which the crime occurred
does not have a program for compensating victims of crime for their injuries;
or
2. The resident is ineligible to receive
compensation under the program of the other state.
(Added to NRS by 1997, 192)
NRS 217.105 Confidentiality of information. Any
information which a compensation officer obtains in the investigation of a
claim for compensation pursuant to NRS 217.090 or
which is submitted pursuant to NRS 217.100 is
confidential and must not be disclosed except:
1. Upon the request of the applicant or
the applicant’s attorney;
2. In the necessary administration of this
chapter; or
3. Upon the lawful order of a court of
competent jurisdiction,
Ê unless the
disclosure is otherwise prohibited by law.
(Added to NRS by 1989, 1509; A 1991, 765)
NRS 217.110 Review of application; appeal of denial by compensation officer;
investigation of claim; availability and confidentiality of reports concerning
crime committed by minor; decisions.
1. Upon receipt of an application for
compensation, the compensation officer shall review the application to
determine whether the applicant qualifies for compensation. The compensation
officer shall deny the claim within 5 days after receipt of the application if
the applicant’s ineligibility is apparent from the facts stated in the
application. The applicant may appeal the denial to a hearing officer within 60
days after the decision. If the hearing officer determines that the applicant
may be entitled to compensation, the hearing officer shall order the compensation
officer to complete an investigation and render a decision pursuant to
subsection 2. If the hearing officer denies the appeal, the applicant may
appeal to an appeals officer pursuant to NRS 217.117.
2. If the compensation officer does not
deny the application pursuant to subsection 1, or if the compensation officer
is ordered to proceed by the hearing officer, the compensation officer shall
conduct an investigation and, except as otherwise provided in subsection 6,
render a decision within 60 days after receipt of the application or order. If,
in conducting an investigation, the compensation officer believes that:
(a) Reports on the previous medical history of
the victim;
(b) An examination of the victim and a report of
that examination;
(c) A report on the cause of death of the victim
by an impartial medical expert; or
(d) Investigative or police reports,
Ê would aid
the compensation officer in making a decision, the compensation officer may
order the reports.
3. If a compensation officer submits a
request pursuant to subsection 2 for investigative or police reports which
concern:
(a) A natural person, other than a minor, who
committed a crime against the victim, a law enforcement agency shall provide
the compensation officer with a copy of the requested investigative or police
reports within 10 days after receipt of the request or within 10 days after the
reports are completed, whichever is later.
(b) A minor who committed a crime against the victim,
a juvenile court or a law enforcement agency shall provide the compensation
officer with a copy of the requested investigative or police reports within 10
days after receipt of the request or within 10 days after the reports are
completed, whichever is later.
4. A law enforcement agency or a juvenile
court shall not redact any information, except information deemed confidential,
from an investigative or police report before providing a copy of the requested
report to a compensation officer pursuant to subsection 3.
5. Any reports obtained by a compensation
officer pursuant to subsection 3 are confidential and must not be disclosed
except upon the lawful order of a court of competent jurisdiction.
6. When additional reports are requested
pursuant to subsection 2, the compensation officer shall render a decision in
the case, including an order directing the payment of compensation if
compensation is due, within 15 days after receipt of the reports.
(Added to NRS by 1969, 1152; A 1975, 1789; 1981,
1668; 1985,
2100; 1991,
765; 2005, 61;
2009, 83,
521)
NRS 217.112 Hearing before hearing officer: Request by applicant; failure to
request hearing excused under certain circumstances; notice of change of
address.
1. An applicant who is subject to the
provisions of this chapter may request a hearing before a hearing officer on
any matter within the hearing officer’s authority. The compensation officer
shall provide with his or her decision the necessary information for requesting
such a hearing.
2. An applicant aggrieved by a
compensation officer’s decision may appeal the decision by filing a request for
a hearing before a hearing officer. Such a request must be filed within 15 days
after the decision was mailed by the Clerk or compensation officer.
3. Failure to file a request for a hearing
within the period specified in subsection 2 may be excused if the applicant
shows by a preponderance of the evidence that the applicant did not receive the
notice of the decision and the information necessary to request a hearing.
4. The applicant shall notify the compensation
officer and the hearing officer in writing of a change of address within a
reasonable time after that change.
(Added to NRS by 1991, 763)
NRS 217.113 Hearing before hearing officer: Procedure; subpoenas; evidence;
records; decision.
1. If an applicant appeals a determination
of the compensation officer, the hearing officer shall hold a hearing unless
the hearing officer can render a favorable decision to the applicant without a
hearing. If the hearing officer holds a hearing, the hearing officer shall:
(a) Within 5 days after receiving a request for a
hearing, set the hearing for a date and time within 30 days after receipt of
the request; and
(b) Give notice by United States mail or by
personal service to the applicant at least 15 days before the date and time
scheduled for the hearing.
Ê The hearing
officer shall render a decision in the case, including an order directing
payment of compensation, if compensation is due, within 15 days after the
hearing or receiving the reports necessary in rendering the decision. The
hearing officer may affirm, modify or reverse the decision of the compensation
officer. The hearing officer shall mail his or her decision to the applicant
and include any information necessary for appealing the decision to the appeals
officer.
2. The hearing officer may issue subpoenas
to compel the attendance of witnesses and the production of books and papers at
the hearing.
3. If a witness refuses to attend or
testify or produce any books and papers as required by the subpoena, the
hearing officer may report to the district court by petition, setting forth
that:
(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the
hearing officer pursuant to this section; and
(c) The witness has failed or refused to attend
or produce the books and papers required by the subpoena before the hearing
officer who is named in the subpoena, or has refused to answer questions
propounded to the witness,
Ê and asking
for an order of the court compelling the witness to attend and testify or
produce the books and papers before the hearing officer.
4. Upon receiving such a petition, the
court shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in its order, the time to be not more
than 10 days from the date of the order, and then and there show cause why the
witness has not attended or testified or produced the books or papers before
the hearing officer. A certified copy of the order must be served upon the
witness.
5. If it appears to the court that the
subpoena was regularly issued by the hearing officer, the court shall enter an
order that the witness appear before the hearing officer at the time and place
fixed in the order and testify or produce the required books or papers, and
upon failure to obey the order the witness must be dealt with as for contempt
of court.
6. The applicant and any other person
having a substantial interest in the outcome of the hearing may appear and be
heard, produce evidence and cross-examine witnesses in person or by his or her
attorney. The hearing officer also may hear other persons who may have relevant
evidence to submit.
7. Any statement, document, information or
matter may be received in evidence if, in the opinion of the hearing officer,
it contributes to a determination of the claim, whether or not the evidence
would be admissible in a court of law.
8. The hearing officer shall create a
record of each hearing. The record may be in the form of a sound recording.
9. The hearing officer shall render a
decision in the case, including an order directing the payment of compensation,
if compensation is due, within 15 days after the hearing.
(Added to NRS by 1981, 1665; A 1991, 766)
NRS 217.115 Waiver of times specified. The
limitations of time in NRS 217.110 and 217.113 may be waived by the applicant or, upon good
cause shown, by the hearing officer or appeals officer.
(Added to NRS by 1981, 1666; A 1985, 2101)
NRS 217.117 Appeal of decision of hearing officer or appeals officer; powers
and duties of appeals officer.
1. The applicant or Clerk of the Board
may, within 15 days after the hearing officer renders a decision, appeal the
decision to an appeals officer. The appeals officer may hold a hearing or
render a decision without a hearing. If the appeals officer holds a hearing,
the appeals officer must give notice to the applicant, hold the hearing within
30 days after the notice, and render a decision in the case within 15 days
after the hearing. The appeals officer shall render a decision in each case
within 30 days after receiving the appeal and the record if a hearing is not
held. The appeals officer may affirm, modify or reverse the decision of the
hearing officer.
2. The appeals officer has the same powers
as are vested in the hearing officer pursuant to NRS
217.113.
3. The applicant or Clerk of the Board
may, within 15 days after the appeals officer renders a decision, appeal the
decision to the Board. The Board shall consider the appeal on the record at its
next scheduled meeting if the appeal and the record are received by the Board
at least 5 days before the meeting. Within 15 days after the meeting the Board
shall render its decision in the case or give notice to the applicant that a
hearing will be held. The hearing must be held within 30 days after the notice
is given and the Board shall render its decision in the case within 15 days
after the hearing. The Board may affirm, modify or reverse the decision of the
appeals officer.
4. The decision of the Board is final and
not subject to judicial review.
(Added to NRS by 1981, 1666; A 1985, 2101; 1991, 767)
NRS 217.120 Proof of conviction conclusive evidence of commission of
offense. If any person has been
convicted of any offense with respect to an act on which a claim under NRS 217.010 to 217.270,
inclusive, is based, proof of that conviction is conclusive evidence that the
offense has been committed, unless an appeal or any proceeding with regard
thereto is pending.
(Added to NRS by 1969, 1152; A 1975, 1293)
NRS 217.130 Regulations. In the
performance of its functions, the Board may adopt, rescind and amend rules and
regulations prescribing the procedures to be followed in the filing of
applications and proceedings under NRS 217.010 to 217.270, inclusive, and for such other matters as the
Board deems appropriate.
(Added to NRS by 1969, 1152; A 1975, 1293)
NRS 217.140 Attorney’s fees.
1. The hearing officer may, as part of any
order entered pursuant to the provisions of NRS 217.010
to 217.270, inclusive, allow reasonable attorney’s
fees, but these fees may not exceed 10 percent of the award.
2. It is unlawful for any attorney to ask
for, contract for or receive any larger sum than the amount so allowed.
(Added to NRS by 1969, 1152; A 1975, 1293; 1981,
1669)
NRS 217.150 Standards for compensation. The
Board shall, so far as practicable, formulate standards for the uniform
application of NRS 217.010 to 217.270, inclusive, by the compensation officers in
the determination of the amount of any compensation payable pursuant to NRS 217.010 to 217.270,
inclusive. The standards must take into consideration rates and amounts of
compensation payable for injuries and death under other laws of this state and
of the United States.
(Added to NRS by 1969, 1152; A 1975, 1293; 1981,
1669; 1991, 767)
NRS 217.160 Persons who may be awarded compensation.
1. The compensation officer may order the
payment of compensation:
(a) To or for the benefit of the victim.
(b) If the victim has suffered personal injury,
to any person responsible for the maintenance of the victim who has suffered
pecuniary loss or incurred expenses as a result of the injury.
(c) If the victim dies, to or for the benefit of
any one or more of the dependents of the victim.
(d) To a minor who is a member of the household
or immediate family of a victim of a battery which constitutes domestic
violence pursuant to NRS 33.018 who
needs an assessment, a psychological evaluation or psychological counseling for
emotional trauma suffered by the minor as a result of the battery.
(e) To a member of the victim’s household or
immediate family for psychological counseling for emotional trauma suffered by
the member as a result of the crime of murder as defined in NRS 200.010.
2. As used in this section:
(a) “Battery” has the meaning ascribed to it in
paragraph (a) of subsection 1 of NRS
200.481.
(b) “Household” means an association of persons
who live in the same home or dwelling and who:
(1) Have significant personal ties to the
victim; or
(2) Are related by blood, adoption or
marriage, within the first degree of consanguinity or affinity.
(c) “Immediate family” means persons who are
related by blood, adoption or marriage, within the first degree of
consanguinity or affinity.
(Added to NRS by 1969, 1153; A 1981, 1670; 1989, 1510; 1991, 128, 768; 2001, 2487)
NRS 217.170 Suspension of proceedings. Upon
application made by an appropriate prosecuting authority, the compensation,
hearing or appeals officer or the Board may suspend any proceedings being
conducted pursuant to NRS 217.010 to 217.270, inclusive, for such period as the officer or
the Board deems appropriate on the ground that a prosecution for an offense
arising from the act or omission to act on which the claim for compensation is
based has been commenced or is imminent.
(Added to NRS by 1969, 1153; A 1975, 1293; 1981,
1670; 1991, 768)
NRS 217.180 Order for compensation: Considerations.
1. Except as otherwise provided in
subsection 2, in determining whether to make an order for compensation, the
compensation officer shall consider the provocation, consent or any other
behavior of the victim that directly or indirectly contributed to the injury or
death of the victim, the prior case or social history, if any, of the victim,
the need of the victim or the dependents of the victim for financial aid and
other relevant matters.
2. If the case involves a victim of domestic
violence, sexual assault or sex trafficking, the compensation officer shall not
consider the provocation, consent or any other behavior of the victim that
directly or indirectly contributed to the injury or death of the victim.
3. If the applicant has received or is
likely to receive an amount on account of the applicant’s injury or the death
of another from:
(a) The person who committed the crime 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) Another private or public source or program
of assistance,
Ê the
applicant shall report the amount received or that the applicant is likely to
receive to the compensation officer. Any of those sources that are obligated to
pay an amount after the award of compensation shall pay the Board the amount of
compensation 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
that the applicant has received or is likely to receive from those sources from
the applicant’s total expenses.
4. An order for compensation may be made
whether or not a person is prosecuted or convicted of an offense arising from
the act on which the claim for compensation is based.
5. As used in this section:
(a) “Domestic violence” means an act described in
NRS 33.018.
(b) “Public source or program of assistance”
means:
(1) Public assistance, as defined in NRS 422A.065;
(2) Social services provided by a social
service agency, as defined in NRS
430A.080; or
(3) Other assistance provided by a public
entity.
(c) “Sex trafficking” means a violation of
subsection 2 of NRS 201.300.
(d) “Sexual assault” has the meaning ascribed to
it in NRS 200.366.
(Added to NRS by 1969, 1153; A 1981, 1670; 1985, 2102; 1991, 768; 1997, 788; 2005, 22nd
Special Session, 49; 2009, 522; 2013, 1315,
2436)
NRS 217.200 Payment of compensation for expenses and losses; certificate for
meritorious citizen’s service; limitations.
1. The compensation officer may order the
payment of compensation and the award of a Governor’s certificate for
meritorious citizen’s service to a victim for:
(a) Medical expenses, expenses for psychological
counseling and nonmedical remedial care and treatment rendered in accordance
with a religious method of healing that are actually and reasonably incurred as
a result of the personal injury or death of the victim;
(b) Loss of earnings or support that is
reasonably incurred as a result of the total or partial incapacity of the
victim for not longer than 52 weeks;
(c) Pecuniary loss to the dependents of a
deceased victim;
(d) Funeral expenses that are actually and
reasonably incurred as a result of the death of the victim; and
(e) Another loss which results from the personal
injury or death of the victim and which the compensation officer determines to
be reasonable.
2. The compensation officer may order the
payment of compensation for a person who pays the funeral expenses of a victim.
3. Except as otherwise provided in
subsection 4, an award must not be made for more than $100,000.
4. Upon approval of the Board, an
additional award of not more than $50,000 may be made to a victim. Before
approving such an additional award, the Board must consider the amount of money
remaining in the Fund for the Compensation of Victims of Crime created pursuant
to NRS 217.260 and the particular circumstances of
the victim.
(Added to NRS by 1969, 1153; A 1975, 1790; 1981,
1670; 1983, 818, 1958; 1985, 2102; 1987, 497; 1991, 769; 1995, 2220; 1997, 114, 920; 2001, 384; 2009, 1508)
NRS 217.210 Limitations on time for making order for payment of
compensation; exceptions.
1. Except as otherwise provided in
subsection 2, an order for the payment of compensation 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 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. 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.
(Added to NRS by 1969, 1153; A 1981, 1671; 1983,
1958; 1985,
2103; 1989,
1510; 1991,
769; 1997,
788)
NRS 217.220 Award of compensation prohibited under certain circumstances;
exceptions.
1. Except as otherwise provided in
subsections 2 and 3, 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 484C.110 or the use
of the vehicle was punishable pursuant to NRS
484C.430 or 484C.440;
(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 the victim is unable to provide proof
that the victim 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 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 title 5 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
484C.110 or is punishable pursuant to NRS
484C.430 or 484C.440.
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 the compensation officer 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.
(Added to NRS by 1969, 1153; A 1975, 1294, 1790;
1981, 1671; 1983, 818; 1985, 2103; 1987, 2270; 1991, 770; 1995, 953, 2220; 1997, 193, 605, 789; 1999, 117; 2003, 1127; 2005, 168)
NRS 217.240 Recovery by applicant: Subrogation; duty of notice and payment. An applicant who accepts an award does so
under the following conditions:
1. The State of Nevada is immediately
subrogated in the amount of the award to any right of action or recovery the
applicant may have against any party, and that right of subrogation may be
diminished for attorney’s fees and other costs of litigation in obtaining a
recovery from another source; and
2. If recovery from any source is obtained
for damages caused by the crime, the applicant shall promptly notify the
Department of Administration of the source and amount of that recovery, and
shall promptly pay to the Board the lesser of the amount of the award made
pursuant to this chapter or the amount recovered less attorney’s fees and
costs. The duty of notice and payment pursuant to this subsection continues
until the amount of the award has been repaid to the State of Nevada.
(Added to NRS by 1969, 1154; A 1975, 1294; 1981,
1671; 1989,
1732; 1991,
770)
NRS 217.245 Acceptance of payment from Board for certain services provided
to victim constitutes payment in full. 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.
(Added to NRS by 1997, 787)
NRS 217.250 Reports. The Board
shall prepare and transmit biennially to the Legislature a report of its
activities, including:
1. The amount of compensation awarded;
2. The number of applicants;
3. The number of applicants who were
denied compensation; and
4. The average length of time taken to
award compensation, from the date of receipt of the application to the date of
the payment of compensation.
(Added to NRS by 1969, 1154; A 1971, 156; 1975, 1294;
1981, 1672; 1991,
771)
NRS 217.260 Fund for Compensation of Victims of Crime.
1. Money for payment of compensation as
ordered by the Board and for payment of salaries and other expenses incurred by
the Department of Administration pursuant to NRS
217.010 to 217.270, inclusive, must be paid
from the Fund for the Compensation of Victims of Crime, which is hereby
created. Money in the Fund must be disbursed on the order of the Board in the
same manner as other claims against the State are paid and in accordance with
the rules and regulations adopted by the Board pursuant to NRS 217.130. Such rules and regulations must include,
without limitation, the requirements that:
(a) Claims be categorized as to their priority;
and
(b) Claims categorized as the highest priority be
paid, in whole or in part, before other claims.
2. The Board shall estimate quarterly:
(a) The revenue in the Fund which is available
for the payment of compensation; and
(b) The anticipated expenses for the next
quarter.
3. Money deposited in the Fund which is
recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income
earned on that money must be used for the counseling and medical treatment of
victims of crimes committed in violation of NRS
200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.
4. The interest and income earned on the
money in the Fund for the Compensation of Victims of Crime, after deducting any
applicable charges, must be credited to the Fund.
5. Any money remaining in the Fund for the
Compensation of Victims of Crime at the end of each fiscal year does not revert
to the State General Fund and must be carried over into the next fiscal year.
(Added to NRS by 1969, 1154; A 1977, 328; 1981, 1341,
1672; 1983, 819, 1136, 1959; 1985, 639, 2104, 2106; 1987, 2271; 1989, 246; 1991, 771; 1995, 954; 2011, 269, 926)
NRS 217.270 Unlawful acts; penalty. Any
person who knowingly obtains or attempts to obtain, or aids or abets any person
to obtain, by means of a willfully false statement or representation or other
fraudulent device, assistance to which the person is not entitled, or
assistance greater than that to which the person is entitled pursuant to NRS 217.010 to 217.260,
inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 1975, 1788; A 1981, 1672)
ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
NRS 217.280 “Victim of sexual assault” defined. As
used in NRS 217.280 to 217.350,
inclusive, “victim of sexual assault” means a person who has been sexually
assaulted as defined by NRS 200.366 or
a person upon whom a sexual assault has been attempted.
(Added to NRS by 1975, 1291; A 1977, 1633; 1987, 498)
NRS 217.290 County to provide for counseling and medical treatment of
victims. The board of county
commissioners of each county shall provide by ordinance for the counseling and
medical treatment of victims of sexual assault in accordance with the
provisions of NRS 217.280 to 217.350,
inclusive.
(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586)
NRS 217.300 Payment of cost of initial medical care of victim; payment of
costs incurred by hospital for forensic medical examination of victim.
1. The county in whose jurisdiction a
sexual assault is committed shall:
(a) Pay any costs incurred for medical care for
any physical injuries resulting from the sexual assault which is provided to
the victim not later than 72 hours after the victim first arrives for treatment.
(b) Pay any costs incurred by a hospital for the
forensic medical examination of the victim.
2. Any costs incurred pursuant to
subsection 1:
(a) Must not be charged directly to the victim of
sexual assault.
(b) Must be charged to the county in whose
jurisdiction the offense was committed.
3. The filing of a report with the
appropriate law enforcement agency must not be a prerequisite to qualify for a
forensic medical examination pursuant to this section.
4. The costs associated with a forensic
medical examination must not be included in the costs for medical treatment
pursuant to NRS 217.310.
5. As used in this section, “forensic
medical examination” means an examination by a health care provider to obtain
evidence from a victim of sexual assault.
(Added to NRS by 1975, 1291; A 1977, 1633; 1985, 2105; 2013, 486)
NRS 217.310 Application for medical and psychological treatment of victim
and spouse; companionship during counseling; prerequisite to approval; certain
costs of treatment for victim of sexual assault or other eligible person to be
charged to county.
1. If any victim of sexual assault
requires medical treatment for physical injuries as a result of the sexual
assault, in addition to any initial emergency medical care provided, or if any
victim or spouse of such a victim suffers emotional trauma as a result of the
sexual assault, the victim or spouse may, upon submitting an affidavit as
required by subsection 2, apply to the board of county commissioners in the
county where the sexual assault occurred for treatment at county expense.
2. The board shall approve an application
for treatment upon receiving an affidavit from the applicant declaring that:
(a) The applicant is a victim of sexual assault
or spouse of such a victim;
(b) The sexual assault occurred in the county;
and
(c) The victim requires medical treatment for
physical injuries, or the victim or spouse has suffered emotional trauma, as a
result of the sexual assault.
3. A victim who has suffered emotional
trauma may select a relative or close friend to receive counseling with the
victim if the counselor agrees that such companionship will be helpful to the
victim. If the victim’s application for treatment is approved, counseling for
the relative or friend must also be approved.
4. A victim must file a report with the
appropriate law enforcement agency or submit to a forensic medical examination
pursuant to NRS 217.300 as a prerequisite for the
victim or any other person eligible to qualify for treatment under the
provisions of this section.
5. Whenever costs are incurred by a
hospital for treatment which has been approved by the board of county
commissioners pursuant to this section for the victim of a sexual assault and
any other person eligible for treatment, the costs of the treatment, not to
exceed $1,000, must be charged to the county which authorized the treatment.
Any remainder must be handled the same as other hospital costs.
(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586;
1985, 2105;
2013, 486)
NRS 217.320 Availability of medical and psychological treatment; limitation
of cost.
1. Upon approval by the board of county
commissioners as provided in NRS 217.310, medical
treatment for the victim’s physical injuries or treatment in the form of
psychological, psychiatric and marital counseling for the victim, the victim’s
spouse and any other eligible person must be made available at a county
hospital or other facility with which the board may contract for the purpose of
providing such treatment.
2. Any costs for treatment provided
pursuant to this section, not exceeding $1,000, shall be paid by the county
which authorized the treatment.
(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587;
1985, 2106)
NRS 217.330 Certification by person providing counseling or psychological
treatment required.
1. The board of county commissioners shall
require the psychologist, psychiatrist or counselor treating a victim of sexual
assault or the victim’s spouse for emotional trauma suffered as a result of the
sexual assault to certify from time to time that the counseling relates to the
sexual assault and that the victim or spouse still suffers from the effects of
the emotional trauma which resulted from the sexual assault.
2. If the person providing the treatment
fails to make the certification upon request by the board, the board may order
the treatment terminated.
(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587)
NRS 217.340 Limitations on time for treatment. No
order for treatment pursuant to NRS 217.310 and 217.320 may be made by the board of county
commissioners unless:
1. The application for treatment is made
within 60 days after the date of the sexual assault; or
2. The sexual assault was reported to the
police within 3 days after its occurrence, or if the offense could not
reasonably have been reported within that period, within 3 days after the time
when a report could reasonably have been made.
(Added to NRS by 1975, 1292; A 1977, 1634; 1985, 2106)
NRS 217.350 Regulations prescribing procedures. In
the performance of its functions under NRS 217.280
to 217.350, inclusive, the board of county
commissioners may adopt, rescind and amend regulations prescribing the
procedures to be followed in the filing of applications and for such other
matters as the board deems appropriate.
(Added to NRS by 1975, 1292)
ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE
NRS 217.400 Definitions. As
used in NRS 217.400 to 217.475,
inclusive, unless the context otherwise requires:
1. “Dating relationship” means frequent,
intimate associations primarily characterized by the expectation of affectional
or sexual involvement. The term does not include a casual relationship or an
ordinary association between persons in a business or social context.
2. “Division” means the Division of Child
and Family Services of the Department of Health and Human Services.
3. “Domestic violence” means:
(a) The attempt to cause or the causing of bodily
injury to a family or household member or the placing of the member in fear of
imminent physical harm by threat of force.
(b) Any of the following acts committed by a
person against a family or household member, a person with whom he or she had
or is having a dating relationship or with whom he or she has a child in
common, or upon his or her minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat
of force to perform an act from which he or she has the right to refrain or to
refrain from an act which he or she has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless
course of conduct intended to harass the other. Such conduct may include,
without limitation:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon
without a permit.
(6) False imprisonment.
(7) Unlawful entry of the other’s
residence, or forcible entry against the other’s will if there is a reasonably
foreseeable risk of harm to the other from the entry.
4. “Family or household member” means a
spouse, a former spouse, a parent or other adult person who is related by blood
or marriage or is or was actually residing with the person committing the act
of domestic violence.
5. “Participant” means an adult, child or
incompetent person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471,
inclusive.
6. “Victim of domestic violence” includes
the dependent children of the victim.
7. “Victim of human trafficking” means a
person who is a victim of:
(a) Involuntary servitude as set forth in NRS 200.463 or 200.464.
(b) A violation of any provision of NRS 200.465.
(c) Trafficking in persons in violation of any
provision of NRS 200.467 or 200.468.
(d) Sex trafficking in violation of any provision
of NRS 201.300.
(e) A violation of NRS 201.320.
8. “Victim of sexual assault” means a
person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual
assault has been attempted.
9. “Victim of stalking” means a person who
is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.
(Added to NRS by 1981, 379; A 1983, 909; 1993, 551; 1995, 904; 1997, 1330, 1818, 3363; 1999, 669; 2001, 692; 2005, 95; 2013, 2437)
NRS 217.410 Allocation of money to organizations specifically created to
assist victims of sexual assault. In
a county whose population is 700,000 or more, the Administrator of the Division
shall allocate 15 percent of all money granted to organizations in the county
from the Account for Aid for Victims of Domestic Violence to an organization in
the county which has been specifically created to assist victims of sexual
assault. The Administrator of the Division has the final authority in
determining whether an organization may receive money pursuant to this section.
Any organization which receives money pursuant to this section shall furnish
reports to the Administrator of the Division as required by NRS 217.460. To be eligible for this money, the
organization must receive at least 15 percent of its money from sources other
than the Federal Government, the State, any local government or other public
body or their instrumentalities. Any goods or services which are contributed to
the organization may be assigned their reasonable monetary value for the
purpose of complying with this requirement.
(Added to NRS by 1981, 379; A 1983, 1963; 1985, 872; 1989, 1910; 2001, 693; 2011, 1150)
NRS 217.420 Grants from Account for Aid for Victims of Domestic Violence:
Eligibility. To be eligible for a
grant from the Account for Aid for Victims of Domestic Violence, an applicant
must:
1. Be a nonprofit corporation,
incorporated or qualified in this state.
2. Be governed by a board of trustees
which reflects the racial, ethnic, economic and social composition of the
county to be served and includes at least one trustee who has been a victim of
domestic violence.
3. Receive at least 15 percent of its
money from sources other than the Federal Government, the State, any local
government or other public body or their instrumentalities. Any goods or
services which are contributed to the organization may be assigned their
reasonable monetary value for the purpose of complying with the requirement of
this subsection.
4. Provide its services exclusively for
victims of domestic violence and only within this state.
5. Require its employees and volunteer assistants
to maintain the confidentiality of any information which would identify persons
receiving the services.
6. Provide its services without any
discrimination on the basis of race, religion, color, age, sex, marital status,
national origin or ancestry.
7. Be able to provide:
(a) Except in counties whose population is less
than 100,000, shelter to victims on any day, at any hour.
(b) A telephone service capable of receiving
emergency calls on any day, at any hour.
(c) Except in counties whose population is less
than 100,000, facilities where food can be stored and prepared.
(d) Counseling, or make referrals for counseling,
for victims or spouses of victims and their children.
(e) Assistance to victims in obtaining legal,
medical, psychological or vocational help.
(f) Education and training for members of the
community on matters which relate to domestic violence.
(Added to NRS by 1981, 380; A 1983, 909; 1999, 118)
NRS 217.440 Account for Aid for Victims of Domestic Violence: Creation;
administration; application for grant.
1. An Account for Aid for Victims of
Domestic Violence is hereby created in the State General Fund. The Account must
be administered by the Administrator of the Division.
2. Any nonprofit organization in the State
which is able to meet the requirements specified in subsection 7 of NRS 217.420 may apply for a grant from the Account for
Aid for Victims of Domestic Violence.
3. An application for a grant must be
received by the Division before April 1 preceding the fiscal year for which the
grant is sought.
(Added to NRS by 1981, 381; A 1983, 910)
NRS 217.445 Expenditure of grant must be approved by Division. No organization in a county whose population
is less than 100,000 which receives a grant from the Account for Aid for
Victims of Domestic Violence may expend that money until its budget for using
the money is approved by the Division.
(Added to NRS by 1983, 909)
NRS 217.450 Procedure for award of grants; formula.
1. The Commission on Behavioral Health
shall advise the Administrator of the Division concerning the award of grants
from the Account for Aid for Victims of Domestic Violence.
2. The Administrator of the Division shall
give priority to those applications for grants from the Account for Aid for
Victims of Domestic Violence submitted by organizations which offer the
broadest range of services for the least cost within one or more counties. The
Administrator shall not approve the use of money from a grant to acquire any
buildings.
3. The Administrator of the Division has
the final authority to approve or deny an application for a grant. The
Administrator shall notify each applicant in writing of the action taken on its
application within 45 days after the deadline for filing the application.
4. In determining the amount of money to
be allocated for grants, the Administrator of the Division shall use the
following formula:
(a) A basic allocation of $7,000 must be made for
each county whose population is less than 100,000. For counties whose
population is 100,000 or more, the basic allocation is $35,000. These
allocations must be increased or decreased for each fiscal year ending after
June 30, 1990, by the same percentage that the amount deposited in the account
during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the
sum of $791,000.
(b) Any additional revenue available in the
account must be allocated to grants, on a per capita basis, for all counties
whose population is 20,000 or more.
(c) Money remaining in the account after
disbursement of grants does not revert and may be awarded in a subsequent year.
(Added to NRS by 1981, 381; A 1983, 911; 1985, 2275; 1989, 892, 1911; 1993, 551; 1999, 109, 119; 2001, 56, 1960)
NRS 217.460 Reports from recipients of grants; report from Administrator of
Division to Legislature.
1. Each organization which has received a
grant for assistance to victims of domestic violence shall furnish quarterly
and annual financial reports to the Administrator of the Division in a manner
which the Administrator may prescribe.
2. The Administrator shall review the
reports from the organizations, compile the information contained in them about
the individual programs for assistance to victims of domestic violence, conduct
a financial review of all expenditures, and make a comprehensive report
biennially to the Legislature, including an evaluation of the effectiveness of
the respective organizations in aiding victims of domestic violence.
(Added to NRS by 1981, 381; A 1983, 911)
NRS 217.462 Fictitious address for victim of domestic violence, human
trafficking, sexual assault or stalking: Eligibility; application to Secretary
of State; penalty for providing false information.
1. An adult person, a parent or guardian
acting on behalf of a child, or a guardian acting on behalf of an incompetent
person may apply to the Secretary of State to have a fictitious address
designated by the Secretary of State serve as the address of the adult, child
or incompetent person.
2. An application for the issuance of a
fictitious address must include:
(a) Specific evidence showing that the adult,
child or incompetent person has been a victim of domestic violence, human
trafficking, sexual assault or stalking before the filing of the application;
(b) The address that is requested to be kept
confidential;
(c) A telephone number at which the Secretary of
State may contact the applicant;
(d) A question asking whether the person wishes
to:
(1) Register to vote; or
(2) Change the address of his or her
current registration;
(e) A designation of the Secretary of State as
agent for the adult, child or incompetent person for the purposes of:
(1) Service of process; and
(2) Receipt of mail;
(f) The signature of the applicant;
(g) The date on which the applicant signed the
application; and
(h) Any other information required by the
Secretary of State.
3. It is unlawful for a person knowingly
to attest falsely or provide incorrect information in the application. A person
who violates this subsection is guilty of a misdemeanor.
4. The Secretary of State shall approve an
application if it is accompanied by specific evidence, such as a copy of an
applicable record of conviction, a temporary restraining order or other
protective order, that the adult, child or incompetent person has been a victim
of domestic violence, human trafficking, sexual assault or stalking before the
filing of the application.
5. The Secretary of State shall approve or
disapprove an application for a fictitious address within 5 business days after
the application is filed.
(Added to NRS by 1997, 1329; A 2001, 693; 2005, 96; 2013, 2438)
NRS 217.464 Fictitious address for victim of domestic violence, sexual
assault or stalking: Designation of fictitious address; forwarding of mail;
disclosure of confidential address by Secretary of State; notification of
school that pupil, parent or legal guardian is participant.
1. If the Secretary of State approves an
application, the Secretary of State shall:
(a) Designate a fictitious address for the
participant; and
(b) Forward mail that the Secretary of State
receives for a participant to the participant.
2. The Secretary of State shall not make
any records containing the name, confidential address or fictitious address of
a participant available for inspection or copying, unless:
(a) The address is requested by a law enforcement
agency, in which case the Secretary of State shall make the address available
to the law enforcement agency; or
(b) The Secretary of State is directed to do so
by lawful order of a court of competent jurisdiction, in which case the
Secretary of State shall make the address available to the person identified in
the order.
3. If a pupil is attending or wishes to
attend a public school that is located outside the zone of attendance as
authorized by paragraph (c) of subsection 2 of NRS 388.040 or a public school that is
located in a school district other than the school district in which the pupil
resides as authorized by NRS 392.016,
the Secretary of State shall, upon request of the public school that the pupil
is attending or wishes to attend, inform the public school of whether the pupil
is a participant and whether the parent or legal guardian with whom the pupil
resides is a participant. The Secretary of State shall not provide any other
information concerning the pupil or the parent or legal guardian of the pupil
to the public school.
(Added to NRS by 1997, 1330; A 2001, 694; 2005, 97)
NRS 217.466 Fictitious address for victim of domestic violence, sexual
assault or stalking: Form for participant to register to vote or change address
of registration. If a participant
indicates to the Secretary of State that the participant wishes to register to
vote or change the address of his or her current registration, the Secretary of
State shall furnish the participant with the form developed by the Secretary of
State pursuant to the provisions of NRS
293.5002.
(Added to NRS by 1997, 1330)
NRS 217.468 Fictitious address for victim of domestic violence, human
trafficking, sexual assault or stalking: Cancellation.
1. Except as otherwise provided in
subsections 2 and 3, the Secretary of State shall cancel the fictitious address
of a participant 4 years after the date on which the Secretary of State
approved the application.
2. The Secretary of State shall not cancel
the fictitious address of a participant if, before the fictitious address of
the participant is cancelled, the participant shows to the satisfaction of the
Secretary of State that the participant remains in imminent danger of becoming
a victim of domestic violence, human trafficking, sexual assault or stalking.
3. The Secretary of State may cancel the
fictitious address of a participant at any time if:
(a) The participant changes his or her
confidential address from the one listed in the application and fails to notify
the Secretary of State within 48 hours after the change of address;
(b) The Secretary of State determines that false
or incorrect information was knowingly provided in the application; or
(c) The participant files a declaration or
acceptance of candidacy pursuant to NRS
293.177 or 293C.185.
(Added to NRS by 1997, 1330; A 2001, 694; 2005, 98; 2007, 1186; 2013, 2438)
NRS 217.471 Fictitious address for victim of domestic violence, sexual
assault or stalking: Adoption of procedures by Secretary of State. The Secretary of State shall adopt procedures
to carry out the provisions of NRS 217.462 to 217.471, inclusive.
(Added to NRS by 1997, 1330)
NRS 217.475 Team to review death of victim of domestic violence.
1. A court or an agency of a local
government may organize or sponsor one or more multidisciplinary teams to
review the death of the victim of a crime that constitutes domestic violence
pursuant to NRS 33.018.
2. If a multidisciplinary team is
organized or sponsored pursuant to subsection 1, the court or agency shall
review the death of a victim upon receiving a written request from a person
related to the victim within the third degree of consanguinity, if the request
is received by the court or agency within 1 year after the date of death of the
victim.
3. Members of a team that is organized or
sponsored pursuant to subsection 1 serve at the pleasure of the court or agency
that organizes or sponsors the team and must include, without limitation,
representatives of organizations concerned with law enforcement, issues related
to physical or mental health, or the prevention of domestic violence and
assistance to victims of domestic violence.
4. Each organization represented on such a
team may share with other members of the team information in its possession
concerning the victim who is the subject of the review or any person who was in
contact with the victim and any other information deemed by the organization to
be pertinent to the review. Any information shared by an organization with
other members of a team is confidential.
5. A team organized or sponsored pursuant
to this section may, upon request, provide a report concerning its review to a
person related to the victim within the third degree of consanguinity.
6. Before establishing a team to review
the death of a victim pursuant to this section, a court or an agency shall
adopt a written protocol describing its objectives and the structure of the
team.
7. A team organized or sponsored pursuant
to this section may request any person, agency or organization that is in
possession of information or records concerning the victim who is the subject
of the review or any person who was in contact with the victim to provide the
team with any information or records that are relevant to the team’s review. Any
information or records provided to a team pursuant to this subsection are
confidential.
8. A team organized or sponsored pursuant
to this section may, if appropriate, meet with any person, agency or
organization that the team believes may have information relevant to the review
conducted by the team, including, without limitation, a multidisciplinary team:
(a) To review the death of the victim of a crime
that constitutes domestic violence organized or sponsored pursuant to NRS 228.495;
(b) To review the death of a child organized
pursuant to NRS 432B.405; or
(c) To oversee the review of the death of a child
organized pursuant to NRS 432B.4075.
9. Except as otherwise provided in
subsection 10, each member of a team organized or sponsored pursuant to this
section is immune from civil or criminal liability for an activity related to
the review of the death of a victim.
10. Each member of a team organized or
sponsored pursuant to this section who discloses any confidential information
concerning the death of a child is personally liable for a civil penalty of not
more than $500.
11. The Attorney General:
(a) May bring an action to recover a civil
penalty imposed pursuant to subsection 10 against a member of a team organized
or sponsored pursuant to this section; and
(b) Shall deposit any money received from the
civil penalty with the State Treasurer for credit to the State General Fund.
12. The results of the review of the death
of a victim pursuant to this section are not admissible in any civil action or
proceeding.
(Added to NRS by 1997, 3363; A 2011, 736)
ASSISTANCE TO VICTIMS OF SEXUAL ABUSE
NRS 217.480 County to provide for counseling of victims and certain
relatives upon request.
1. The board of county commissioners of
each county shall provide by ordinance for the counseling of victims of sexual
abuse and any relatives living with the victims. A relative is not eligible to
receive counseling if the relative committed the sexual abuse for which
counseling is sought. The counseling may be provided only upon request by the
victim or eligible relative.
2. As used in this section, “sexual abuse”
has the meaning ascribed to it in NRS
432B.100.
(Added to NRS by 1985, 2099)
CONTINGENCY ACCOUNT FOR VICTIMS OF HUMAN TRAFFICKING
NRS 217.500 Definitions. As
used in NRS 217.500 to 217.540,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 217.510 and 217.520
have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 2441)
NRS 217.510 “Contingency Account” defined. “Contingency
Account” means the Contingency Account for Victims of Human Trafficking created
by NRS 217.530.
(Added to NRS by 2013, 2441)
NRS 217.520 “Victim of human trafficking” defined. “Victim
of human trafficking” means a person who is a victim of:
1. Involuntary servitude as set forth in NRS 200.463 or 200.464.
2. A violation of any provision of NRS 200.465.
3. Trafficking in persons in violation of
any provision of NRS 200.467 or 200.468.
4. Pandering in violation of any provision
of NRS 201.300.
5. A violation of NRS 201.320.
(Added to NRS by 2013, 2441)
NRS 217.530 Creation; administration; use.
1. The Contingency Account for Victims of
Human Trafficking is hereby created in the State General Fund.
2. The Director of the Department of
Health and Human Services shall administer the Contingency Account. The money
in the Contingency Account must be expended only for the purpose of
establishing or providing programs or services to victims of human trafficking
and is hereby authorized for expenditure as a continuing appropriation for this
purpose.
3. The Director may apply for and accept
gifts, grants and donations or other sources of money for deposit in the
Contingency Account.
4. The interest and income earned on the
money in the Contingency Account, after deducting any applicable charges, must
be credited to the Contingency Account.
5. Any money remaining in the Contingency
Account at the end of a fiscal year does not revert to the State General Fund,
and the balance in the Contingency Account must be carried forward to the next
fiscal year.
(Added to NRS by 2013, 2441)
NRS 217.540 Procedure for applying for allocation from Contingency Account;
Director authorized to place conditions on acceptance of allocation; use of
allocated money.
1. A nonprofit organization or any agency
or political subdivision of this State may apply to the Director of the
Department of Health and Human Services for an allocation of money from the
Contingency Account.
2. The Grants Management Advisory Committee
created by NRS 232.383 shall review
applications received by the Director pursuant to subsection 1 and make
recommendations to the Director concerning allocations of money from the Contingency
Account to applicants.
3. The Director may make allocations of
money from the Contingency Account to applicants and may place such conditions
on the acceptance of such an allocation as the Director determines are
necessary, including, without limitation, requiring the recipient of an
allocation to submit periodic reports concerning the recipient’s use of the
allocation.
4. The recipient of an allocation of money
from the Contingency Account may use the money only for the purposes of
establishing or providing programs or services to victims of human trafficking.
(Added to NRS by 2013, 2441)
