(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 417–Assemblywoman Leslie

 

March 19, 2001

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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.

 

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  [Evidence]

1-3    1.  Except as otherwise provided in subsection 2, evidence of domestic

1-4  violence [as defined in NRS 33.018] and expert testimony concerning the

1-5  effect of domestic violence , including, without limitation, the effect of

1-6  physical, emotional or mental abuse, on the beliefs, behavior and

1-7  perception of the [person alleging] alleged victim of the domestic violence

1-8  that is offered by the prosecution or defense is admissible in [chief and in

1-9  rebuttal,] a criminal proceeding for any relevant purpose, including,

1-10  without limitation, when determining:

1-11    [1.] (a) Whether a [person] defendant is excepted from criminal

1-12  liability pursuant to subsection 7 of NRS 194.010, to show the state of

1-13  mind of the defendant.

1-14    [2.] (b) Whether a [person] defendant in accordance with NRS 200.200

1-15  has killed another in self-defense, toward the establishment of the legal

1-16  defense.

1-17    2.  Expert testimony concerning the effect of domestic violence may

1-18  not be offered against a defendant pursuant to subsection 1 to prove the

1-19  occurrence of an act which forms the basis of a criminal charge against

1-20  the defendant.

1-21    3.  As used in this section, “domestic violence” means the commission

1-22  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, 2002.

2-3    Sec. 3. This act becomes effective on October 1, 2002.

 

2-4  H