Assembly Bill No. 353–Committee on Judiciary

(On Behalf of Budget Division)

March 2, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Removes provision that provides for different treatment of nonresidents in distribution of compensation provided to certain victims of crime. (BDR 16-1585)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to crimes; revising provisions governing compensation provided to certain victims of crime so that residents of another state are treated the same as residents of this state; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 217.220 is hereby amended to read as follows:

1-2 217.220 1. Except as otherwise provided in subsections 2 [, 3 and 4,]

1-3 and 3 compensation must not be awarded if the victim:

1-4 (a) Was injured or killed as a result of the operation of a motor vehicle,

1-5 boat or airplane unless the vehicle, boat or airplane was used as a weapon

1-6 in a deliberate attempt to harm the victim or unless the driver of the vehicle

1-7 injured a pedestrian, violated any of the provisions of NRS 484.379 or the

1-8 use of the vehicle was punishable pursuant to NRS 484.3795;

1-9 (b) Was not a citizen of the United States or was not lawfully entitled to

1-10 reside in the United States at the time the incident upon which the claim is

1-11 based occurred or he is unable to provide proof that he was a citizen of the

1-12 United States or was lawfully entitled to reside in the United States at that

1-13 time;

1-14 (c) Was a coconspirator, codefendant, accomplice or adult passenger of

1-15 the offender whose crime caused the victim’s injuries;

2-1 (d) [Was not a resident at the time he was victimized, unless he was

2-2 injured in this state and the board determines that the State of Nevada has a

2-3 sufficient amount of money to pay for the claim from money received

2-4 from the Federal Government for the compensation of victims of crime;

2-5 (e)] Was injured or killed while serving a sentence of imprisonment in a

2-6 prison or jail;

2-7 [(f)] (e) Was injured or killed while living in a facility for the

2-8 commitment or detention of children who are adjudicated delinquent

2-9 pursuant to chapter 62 of NRS; or

2-10 [(g)] (f) Fails to cooperate with law enforcement agencies. Such

2-11 cooperation does not require prosecution of the offender.

2-12 2. Paragraph (a) of subsection 1 does not apply to a minor who was

2-13 physically injured or killed while being a passenger in the vehicle of an

2-14 offender who violated NRS 484.379 or is punishable pursuant to NRS

2-15 484.3795.

2-16 3. A victim who is a relative of the offender or who, at the time of the

2-17 personal injury or death of the victim, was living with the offender in a

2-18 continuing relationship may be awarded compensation if the offender

2-19 would not profit by the compensation of the victim.

2-20 4. The compensation officer may deny an award if he determines that

2-21 the applicant will not suffer serious financial hardship. In determining

2-22 whether an applicant will suffer serious financial hardship, the

2-23 compensation officer shall not consider:

2-24 (a) The value of the victim’s dwelling;

2-25 (b) The value of one motor vehicle owned by the victim; or

2-26 (c) The savings and investments of the victim up to an amount equal to

2-27 the victim’s annual salary.

2-28 Sec. 2. NRS 217.420 is hereby amended to read as follows:

2-29 217.420 To be eligible for a grant from the account for aid for victims

2-30 of domestic violence, an applicant must:

2-31 1. Be a nonprofit corporation, incorporated or qualified in this state.

2-32 2. Be governed by a board of trustees which reflects the racial, ethnic,

2-33 economic and social composition of the county to be served and includes

2-34 at least one trustee who has been a victim of domestic violence.

2-35 3. Receive at least 15 percent of its money from sources other than the

2-36 Federal Government, the state, any local government or other public body

2-37 or their instrumentalities. Any goods or services which are contributed to

2-38 the organization may be assigned their reasonable monetary value for the

2-39 purpose of complying with the requirement of this subsection.

2-40 4. Provide its services exclusively for victims of domestic violence and

2-41 only within this state . [for victims who are residents of this state.]

3-1 5. Require its employees and volunteer assistants to maintain the

3-2 confidentiality of any information which would identify persons receiving

3-3 the services.

3-4 6. Provide its services without any discrimination on the basis of race,

3-5 religion, color, age, sex, marital status, national origin or ancestry.

3-6 7. Be able to provide:

3-7 (a) Except in counties whose population is less than 100,000, shelter to

3-8 victims on any day, at any hour.

3-9 (b) A telephone service capable of receiving emergency calls on any

3-10 day, at any hour.

3-11 (c) Except in counties whose population is less than 100,000, facilities

3-12 where food can be stored and prepared.

3-13 (d) Counseling, or make referrals for counseling, for victims or spouses

3-14 of victims and their children.

3-15 (e) Assistance to victims in obtaining legal, medical, psychological or

3-16 vocational help.

3-17 (f) Education and training for members of the community on matters

3-18 which relate to domestic violence.

3-19 Sec. 3. NRS 217.450 is hereby amended to read as follows:

3-20 217.450 1. The commission on mental health and mental retardation

3-21 shall advise the administrator of the division concerning the award of

3-22 grants from the account for aid for victims of domestic violence.

3-23 2. The administrator of the division shall give priority to those

3-24 applications for grants from the account for aid for victims of domestic

3-25 violence submitted by organizations which offer the broadest range of

3-26 services for the least cost within one or more counties. The administrator

3-27 shall not approve the use of money from a grant to acquire any buildings.

3-28 3. The administrator of the division has the final authority to approve

3-29 or deny an application for a grant. The administrator shall notify each

3-30 applicant in writing of the action taken on its application within 45 days

3-31 after the deadline for filing the application.

3-32 4. In determining the amount of money to be allocated for grants, the

3-33 administrator of the division shall use the following formula:

3-34 (a) A basic allocation of $7,000 must be made [to provide services for

3-35 residents of] for each county whose population is less than 100,000. For

3-36 counties whose population is 100,000 or more, the basic allocation is

3-37 $35,000. These allocations must be increased or decreased for each fiscal

3-38 year ending after June 30, 1990, by the same percentage that the amount

3-39 deposited in the account during the preceding fiscal year, pursuant to NRS

3-40 122.060, is greater or less than the sum of $791,000.

3-41 (b) Any additional revenue available in the account must be allocated to

3-42 grants, on a per capita basis, for all counties whose population is 14,000 or

3-43 more.

4-1 (c) Money remaining in the account after disbursement of grants does

4-2 not revert and may be awarded in a subsequent year.

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