Assembly Bill No. 417–Assemblywoman Leslie

 

CHAPTER..........

 

AN ACT relating to evidence; expanding the circumstances under which expert testimony concerning the effects of domestic violence and evidence of domestic violence are 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:

 

   Section 1. NRS 48.061 is hereby amended to read as follows:

48.061  [Evidence]

   1.  Except as otherwise provided in subsection 2, evidence of domestic

 violence [as defined in NRS 33.018] and expert testimony concerning the

 effect of domestic violence , including, without limitation, the effect of

 physical, emotional or mental abuse, on the beliefs, behavior and

 perception of the [person alleging] alleged victim of the domestic violence

 that is offered by the prosecution or defense is admissible in [chief and in

 rebuttal,] a criminal proceeding for any relevant purpose, including,

 without limitation, when determining:

   [1.] (a) Whether a [person] defendant is excepted from criminal

 liability pursuant to subsection 7 of NRS 194.010, to show the state of

 mind of the defendant.

   [2.] (b) Whether a [person] defendant in accordance with NRS 200.200

 has killed another in self-defense, toward the establishment of the legal

 defense.

   2.  Expert testimony concerning the effect of domestic violence may

 not be offered against a defendant pursuant to subsection 1 to prove the

 occurrence of an act which forms the basis of a criminal charge against

 the defendant.

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

 of any act described in NRS 33.018.

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

 filed or a proceeding commenced before October 1, 2002.

   Sec. 3. This act becomes effective on October 1, 2002.

 

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