Assembly Bill No. 436–Assemblymen Ohrenschall, Manendo, Goldwater, Leslie, Gibbons, Angle, Arberry, Beers, Brower, Brown, Carpenter, Cegavske, Claborn, de Braga, Freeman, Gustavson, Hettrick, McClain, Mortenson, Price and Williams

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning admissibility of evidence in criminal proceedings involving domestic violence. (BDR 4‑987)

 

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 evidence concerning the prior acts of a criminal defendant is admissible in a criminal proceeding involving domestic violence; 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. Chapter 48 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Except as otherwise provided in subsection 2, evidence that a

1-4  defendant who is charged with a crime which constitutes domestic

1-5  violence previously has committed an act that constitutes domestic

1-6  violence is admissible in a criminal proceeding.

1-7    2.  Evidence is not admissible pursuant to subsection 1 if it concerns

1-8  an act that was committed more than 10 years before the defendant was

1-9  charged with the crime unless the court determines that it is in the

1-10  interest of justice to admit the evidence.

1-11    3.  As used in this section, “domestic violence” means the commission

1-12  of any act described in NRS 33.018.

1-13    Sec. 2.  NRS 48.045 is hereby amended to read as follows:

1-14    48.045  1.  Evidence of a person’s character or a trait of his character

1-15  is not admissible for the purpose of proving that he acted in conformity

1-16  therewith on a particular occasion, except:

2-1    (a) Evidence of his character or a trait of his character offered by an

2-2  accused, and similar evidence offered by the prosecution to rebut such

2-3  evidence;

2-4    (b) Evidence of the character or a trait of character of the victim of the

2-5  crime offered by an accused, subject to the procedural requirements of

2-6  NRS 48.069 where applicable, and similar evidence offered by the

2-7  prosecution to rebut such evidence; and

2-8    (c) Unless excluded by NRS 50.090, evidence of the character of a

2-9  witness, offered to attack or support his credibility, within the limits

2-10  provided by NRS 50.085.

2-11    2.  [Evidence] Except as otherwise provided in section 1 of this act,

2-12  evidence of other crimes, wrongs or acts is not admissible to prove the

2-13  character of a person in order to show that he acted in conformity

2-14  therewith. It may, however, be admissible for other purposes, such as proof

2-15  of motive, opportunity, intent, preparation, plan, knowledge, identity, or

2-16  absence of mistake or accident.

2-17    Sec. 3.  The amendatory provisions of this act do not apply to an action

2-18  filed or a proceeding commenced before October 1, 2001.

 

2-19  H