Assembly Bill No. 417–Assemblywoman Leslie

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning admissibility of testimony in certain cases involving domestic violence. (BDR 4‑1175)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to evidence; expanding the circumstances under which expert testimony concerning the effects of domestic violence is admissible in a criminal proceeding; 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 48.061 is hereby amended to read as follows:

1-2    48.061  1.  Evidence of domestic violence [as defined in NRS 33.018

1-3  and expert testimony concerning the effect of domestic violence on the

1-4  beliefs, behavior and perception of the person alleging the domestic

1-5  violence] that is offered by the prosecution or defense is admissible [in

1-6  chief and in rebuttal,] in a criminal proceeding when determining:

1-7    [1.] (a) Whether a person is excepted from criminal liability pursuant to

1-8  subsection 7 of NRS 194.010, to show the state of mind of the defendant[.

1-9    2.] ; or

1-10    (b) Whether a person in accordance with NRS 200.200 has killed

1-11  another in self-defense, toward the establishment of the legal defense.

1-12    2.  Expert testimony concerning the effect of domestic violence on the

1-13  alleged victim of the domestic violence, including, without limitation, the

1-14  effect of physical, emotional or mental abuse on the beliefs, behaviors or

1-15  perceptions of the alleged victim that is offered by the prosecution or

1-16  defense is admissible in a criminal proceeding, unless the expert

1-17  testimony is offered against the defendant to prove the occurrence of an

1-18  act which forms the basis of a criminal charge against the defendant.

1-19    3.  As used in this section, “domestic violence” means the commission

1-20  of any act described in NRS 33.018.

 

 

2-1    Sec. 2.  The amendatory provisions of this act do not apply to an action

2-2  filed or a proceeding commenced before October 1, 2001.

 

2-3  H