Assembly Bill No. 586–Committee on Judiciary

 

(On Behalf of Office of the Secretary of State)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing program to assist victims of certain crimes in maintaining confidential addresses. (BDR 16‑609)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                                 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 victims of crime; authorizing a victim of a sexual assault to obtain a fictitious address from the secretary of state; providing a penalty; 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 217.400 is hereby amended to read as follows:

1-2    217.400  As used in NRS 217.400 to 217.475, inclusive, unless the

1-3  context otherwise requires:

1-4    1.  “Dating relationship” means frequent, intimate associations

1-5  primarily characterized by the expectation of affectional or sexual

1-6  involvement. The term does not include a casual relationship or an ordinary

1-7  association between persons in a business or social context.

1-8    2.  “Division” means the division of child and family services of the

1-9  department of human resources.

1-10    3.  “Domestic violence” means:

1-11    (a) The attempt to cause or the causing of bodily injury to a family or

1-12  household member or the placing of the member in fear of imminent

1-13  physical harm by threat of force.

1-14    (b) Any of the following acts committed by a person against a family or

1-15  household member, a person with whom he had or is having a dating

1-16  relationship or with whom he has a child in common, or upon his minor

1-17  child or a minor child of that person:

1-18      (1) A battery.

1-19      (2) An assault.

2-1       (3) Compelling the other by force or threat of force to perform an act

2-2  from which he has the right to refrain or to refrain from an act which he has

2-3  the right to perform.

2-4       (4) A sexual assault.

2-5       (5) A knowing, purposeful or reckless course of conduct intended to

2-6  harass the other. Such conduct may include, without limitation:

2-7          (I) Stalking.

2-8          (II) Arson.

2-9          (III) Trespassing.

2-10          (IV) Larceny.

2-11          (V) Destruction of private property.

2-12          (VI) Carrying a concealed weapon without a permit.

2-13      (6) False imprisonment.

2-14      (7) Unlawful entry of the other’s residence, or forcible entry against

2-15  the other’s will if there is a reasonably foreseeable risk of harm to the other

2-16  from the entry.

2-17    4.  “Family or household member” means a spouse, a former spouse, a

2-18  parent or other adult person who is related by blood or marriage or is or

2-19  was actually residing with the person committing the act of domestic

2-20  violence.

2-21    5.  “Participant” means an adult, child or incompetent person for whom

2-22  a fictitious address has been issued pursuant to NRS 217.462 to 217.471,

2-23  inclusive.

2-24    6.  “Victim of domestic violence” includes the dependent children of

2-25  the victim.

2-26    7.  “Victim of sexual assault” means a person who has been sexually

2-27  assaulted as defined in NRS 200.366 or a person upon whom a sexual

2-28  assault has been attempted.

2-29    Sec. 2.  NRS 217.410 is hereby amended to read as follows:

2-30    217.410  In a county whose population is 400,000 or more, the

2-31  administrator of the division shall allocate 15 percent of all money granted

2-32  to organizations in the county from the account for aid for victims of

2-33  domestic violence to an organization in the county which has been

2-34  specifically created to assist victims of [rape.] sexual assault. The

2-35  administrator of the division has the final authority in determining whether

2-36  an organization may receive money pursuant to this [subsection.] section.

2-37  Any organization which receives money pursuant to this [subsection]

2-38  section shall furnish reports to the administrator of the division as required

2-39  by NRS 217.460. To be eligible for this money, the organization must

2-40  receive at least 15 percent of its money from sources other than the Federal

2-41  Government, the state, any local government or other public body or their

2-42  instrumentalities. Any goods or services which are contributed to the

2-43  organization may be assigned their reasonable monetary value for the

2-44  purpose of complying with this requirement.

2-45    Sec. 3.  NRS 217.462 is hereby amended to read as follows:

2-46    217.462  1.  An adult person, a parent or guardian acting on behalf of

2-47  a child, or a guardian acting on behalf of an incompetent person may apply

2-48  to the secretary of state to have a fictitious address designated by the

3-1  secretary of state serve as the address of the adult, child or incompetent

3-2  person.

3-3    2.  An application for the issuance of a fictitious address must include:

3-4    (a) Specific evidence showing that the adult, child or incompetent

3-5  person has been a victim of domestic violence or sexual assault before the

3-6  filing of the application;

3-7    (b) The address that is requested to be kept confidential;

3-8    (c) A telephone number at which the secretary of state may contact the

3-9  applicant;

3-10    (d) A question asking whether the person wishes to:

3-11      (1) Register to vote; or

3-12      (2) Change the address of his current registration;

3-13    (e) A designation of the secretary of state as agent for the adult, child or

3-14  incompetent person for the purposes of:

3-15      (1) Service of process; and

3-16      (2) Receipt of mail;

3-17    (f) The signature of the applicant;

3-18    (g) The date on which the applicant signed the application; and

3-19    (h) Any other information required by the secretary of state.

3-20    3.  It is unlawful for a person knowingly to attest falsely or provide

3-21  incorrect information in the application. A person who violates this

3-22  subsection is guilty of a misdemeanor.

3-23    4.  The secretary of state shall approve an application if it is

3-24  accompanied by specific evidence, such as a copy of an applicable record

3-25  of conviction, a temporary restraining order or other protective order, that

3-26  the adult, child or incompetent person has been a victim of domestic

3-27  violence or sexual assault before the filing of the application.

3-28    5.  The secretary of state shall approve or disapprove an application for

3-29  a fictitious address within 5 business days after the application is filed.

3-30    Sec. 4.  NRS 217.464 is hereby amended to read as follows:

3-31    217.464  1.  If the secretary of state approves an application, he shall:

3-32    (a) Designate a fictitious address for the participant; and

3-33    (b) Forward mail that he receives for a participant to the participant.

3-34    2.  The secretary of state shall not make any records containing the

3-35  name, confidential address or fictitious address of a participant available

3-36  for inspection or copying, unless:

3-37    (a) The address is requested by a law enforcement agency, in which

3-38  case the secretary of state shall make the address available to the law

3-39  enforcement agency; or

3-40    (b) He is directed to do so by lawful order of a court of competent

3-41  jurisdiction, in which case the secretary of state shall make the address

3-42  available to the person identified in the order.

3-43    Sec. 5.  NRS 217.468 is hereby amended to read as follows:

3-44    217.468  1.  Except as otherwise provided in subsections 2 and 3, the

3-45  secretary of state shall cancel the fictitious address of a participant 4 years

3-46  after the date on which the secretary of state approved the application.

3-47    2.  The secretary of state shall not cancel the fictitious address of a

3-48  participant if, before the fictitious address of the participant is canceled, the

3-49  participant shows to the satisfaction of the secretary of state that the

4-1  participant remains in imminent danger of becoming a victim of domestic

4-2  violence[.] or sexual assault.

4-3    3.  The secretary of state may cancel the fictitious address of a

4-4  participant at any time if:

4-5    (a) The participant changes his confidential address from the one listed

4-6  in the application and fails to notify the secretary of state within 48 hours

4-7  after the change of address; or

4-8    (b) The secretary of state determines that false or incorrect information

4-9  was knowingly provided in the application.

4-10    Sec. 6.  NRS 293.5002 is hereby amended to read as follows:

4-11    293.5002  1.  The secretary of state shall establish procedures to allow

4-12  a person for whom a fictitious address has been issued pursuant to NRS

4-13  217.462 to 217.471, inclusive, to:

4-14    (a) Register to vote; and

4-15    (b) Vote by absent ballot,

4-16  without revealing the confidential address of the person.

4-17    2.  In addition to establishing appropriate procedures or developing

4-18  forms pursuant to subsection 1, the secretary of state shall develop a form

4-19  to allow a person for whom a fictitious address has been issued to register

4-20  to vote or to change the address of his current registration. The form must

4-21  include:

4-22    (a) A section that contains the confidential address of the person; and

4-23    (b) A section that contains the fictitious address of the person.

4-24    3.  Upon receiving a completed form from a person for whom a

4-25  fictitious address has been issued, the secretary of state shall:

4-26    (a) On the portion of the form that contains the fictitious address of the

4-27  person, indicate the county and precinct in which the person will vote and

4-28  forward this portion of the form to the appropriate county clerk; and

4-29    (b) File the portion of the form that contains the confidential address.

4-30    4.  Notwithstanding any other provision of law, any request received by

4-31  the secretary of state pursuant to subsection 3 shall be deemed a request for

4-32  a permanent absent ballot.

4-33    5.  Notwithstanding any other provision of law[, the] :

4-34    (a) The secretary of state and each county clerk[:

4-35    (a) Shall] shall keep the portion of the form developed pursuant to

4-36  subsection 2 that he retains separate from other applications for registration

4-37  . [; and

4-38    (b) Shall]

4-39    (b) The county clerk shall not make the name, confidential address or

4-40  fictitious address of the person who has been issued a fictitious address

4-41  available for:

4-42      (1) Inspection or copying; or

4-43      (2) Inclusion in any list that is made available for public
inspection,

4-44  unless he is directed to do so by lawful order of a court of competent

4-45  jurisdiction.

 

 

 

5-1    Sec. 7.  The amendatory provisions of this act do not apply to offenses

5-2  committed before the effective date of this act.

5-3    Sec. 8.  This act becomes effective upon passage and approval.

 

5-4  H