(REPRINTED WITH ADOPTED AMENDMENTS)

                                                                                    FIRST REPRINTA.B. 417

 

Assembly Bill No. 417–Assemblywoman Leslie

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

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

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: 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 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:

 

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 ,

1-4  including, without limitation, the effect of physical, emotional or mental

1-5  abuse, on the beliefs, behavior and perception of the person alleging the

1-6  domestic violence that is offered by the prosecution or defense is

1-7  admissible in [chief and in rebuttal] a criminal proceeding when

1-8  determining:

1-9    [1.] (a) Whether a person is excepted from criminal liability pursuant to

1-10  subsection 7 of NRS 194.010, to show the state of mind of the defendant[.

1-11    2.] ; or

1-12    (b) Whether a person in accordance with NRS 200.200 has killed

1-13  another in self-defense, toward the establishment of the legal defense.

1-14    2.  As used in this section, “domestic violence” means the commission

1-15  of any act described in NRS 33.018.

1-16    Sec. 2.  The amendatory provisions of this act do not apply to an action

1-17  filed or a proceeding commenced before October 1, 2002.

1-18    Sec. 3. This act becomes effective on October 1, 2002.

 

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