1. Assembly Bill No. 353–Committee on Judiciary

CHAPTER........

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:

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

  1. 217.220 1. Except as otherwise provided in subsections 2 [, 3 and 4,]
  1. and 3 compensation must not be awarded if the victim:
  1. (a) Was injured or killed as a result of the operation of a motor vehicle,
  1. boat or airplane unless the vehicle, boat or airplane was used as a weapon
  1. in a deliberate attempt to harm the victim or unless the driver of the vehicle
  1. injured a pedestrian, violated any of the provisions of NRS 484.379 or the
  1. use of the vehicle was punishable pursuant to NRS 484.3795;
  1. (b) Was not a citizen of the United States or was not lawfully entitled to
  1. reside in the United States at the time the incident upon which the claim is
  1. based occurred or he is unable to provide proof that he was a citizen of the
  1. United States or was lawfully entitled to reside in the United States at that
  1. time;
  1. (c) Was a coconspirator, codefendant, accomplice or adult passenger of
  1. the offender whose crime caused the victim’s injuries;
  1. (d) [Was not a resident at the time he was victimized, unless he was
  1. injured in this state and the board determines that the State of Nevada has a
  1. sufficient amount of money to pay for the claim from money received from
  1. the Federal Government for the compensation of victims of crime;
  1. (e)] Was injured or killed while serving a sentence of imprisonment in a
  1. prison or jail;
  1. [(f)] (e) Was injured or killed while living in a facility for the
  1. commitment or detention of children who are adjudicated delinquent
  1. pursuant to chapter 62 of NRS; or
  1. [(g)] (f) Fails to cooperate with law enforcement agencies. Such
  1. cooperation does not require prosecution of the offender.
  1. 2. Paragraph (a) of subsection 1 does not apply to a minor who was
  1. physically injured or killed while being a passenger in the vehicle of an
  1. offender who violated NRS 484.379 or is punishable pursuant to NRS
  1. 484.3795.
  1. 3. A victim who is a relative of the offender or who, at the time of the
  1. personal injury or death of the victim, was living with the offender in a
  1. continuing relationship may be awarded compensation if the offender
  1. would not profit by the compensation of the victim.
  2. 4. The compensation officer may deny an award if he determines that
  1. the applicant will not suffer serious financial hardship. In determining
  1. whether an applicant will suffer serious financial hardship, the
  1. compensation officer shall not consider:
  1. (a) The value of the victim’s dwelling;
  1. (b) The value of one motor vehicle owned by the victim; or
  1. (c) The savings and investments of the victim up to an amount equal to
  1. the victim’s annual salary.

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

  1. 217.420 To be eligible for a grant from the account for aid for victims
  1. of domestic violence, an applicant must:
  1. 1. Be a nonprofit corporation, incorporated or qualified in this state.
  1. 2. Be governed by a board of trustees which reflects the racial, ethnic,
  1. economic and social composition of the county to be served and includes at
  1. least one trustee who has been a victim of domestic violence.
  1. 3. Receive at least 15 percent of its money from sources other than the
  1. Federal Government, the state, any local government or other public body
  1. or their instrumentalities. Any goods or services which are contributed to
  1. the organization may be assigned their reasonable monetary value for the
  1. purpose of complying with the requirement of this subsection.
  1. 4. Provide its services exclusively for victims of domestic violence and
  1. only within this state . [for victims who are residents of this state.]
  1. 5. Require its employees and volunteer assistants to maintain the
  1. confidentiality of any information which would identify persons receiving
  1. the services.
  1. 6. Provide its services without any discrimination on the basis of race,
  1. religion, color, age, sex, marital status, national origin or ancestry.
  1. 7. Be able to provide:
  1. (a) Except in counties whose population is less than 100,000, shelter to
  1. victims on any day, at any hour.
  1. (b) A telephone service capable of receiving emergency calls on any
  1. day, at any hour.
  1. (c) Except in counties whose population is less than 100,000, facilities
  1. where food can be stored and prepared.
  1. (d) Counseling, or make referrals for counseling, for victims or spouses
  1. of victims and their children.
  1. (e) Assistance to victims in obtaining legal, medical, psychological or
  1. vocational help.

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

which relate to domestic violence.

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

  1. 217.450 1. The commission on mental health and mental retardation
  1. shall advise the administrator of the division concerning the award of grants
  1. from the account for aid for victims of domestic violence.
  2. 2. The administrator of the division shall give priority to those
  1. applications for grants from the account for aid for victims of domestic
  1. violence submitted by organizations which offer the broadest range of
  1. services for the least cost within one or more counties. The administrator
  1. shall not approve the use of money from a grant to acquire any buildings.
  1. 3. The administrator of the division has the final authority to approve
  1. or deny an application for a grant. The administrator shall notify each
  1. applicant in writing of the action taken on its application within 45 days
  1. after the deadline for filing the application.
  1. 4. In determining the amount of money to be allocated for grants, the
  1. administrator of the division shall use the following formula:
  1. (a) A basic allocation of $7,000 must be made [to provide services for
  1. residents of] for each county whose population is less than 100,000. For
  1. counties whose population is 100,000 or more, the basic allocation is
  1. $35,000. These allocations must be increased or decreased for each fiscal
  1. year ending after June 30, 1990, by the same percentage that the amount
  1. deposited in the account during the preceding fiscal year, pursuant to NRS
  1. 122.060, is greater or less than the sum of $791,000.
  1. (b) Any additional revenue available in the account must be allocated to
  1. grants, on a per capita basis, for all counties whose population is 14,000 or
  1. more.

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

not revert and may be awarded in a subsequent year.

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