(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 87–Senators Wiener, James, Care, Porter, Washington, Titus and McGinness

 

February 8, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions pertaining to child affected by battery which constitutes domestic violence. (BDR 15‑854)

 

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 domestic violence; providing that the court may refer a child to an agency which provides protective services if the child may need counseling as a result of the commission of a battery which constitutes domestic violence; providing that an agency which provides protective services may conduct an assessment of the child to determine whether a psychological evaluation or counseling is needed by the child; providing that a minor who needs an assessment, a psychological evaluation or psychological counseling as a result of a battery which constitutes domestic violence is eligible for compensation from the fund for compensation of victims of crime; 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 200.485 is hereby amended to read as follows:

1-2    200.485  1.  Unless a greater penalty is provided pursuant to NRS

1-3  200.481, a person convicted of a battery [that] which constitutes domestic

1-4  violence pursuant to NRS 33.018:

1-5    (a) For the first offense within 7 years, is guilty of a misdemeanor and

1-6  shall be sentenced to:

1-7       (1) Imprisonment in the city or county jail or detention facility for not

1-8  less than 2 days, but not more than 6 months; and

1-9       (2) Perform not less than 48 hours, but not more than 120 hours, of

1-10  community service.

1-11  The person shall be further punished by a fine of not less than $200, but not

1-12  more than $1,000. A term of imprisonment imposed pursuant to this

1-13  paragraph may be served intermittently at the discretion of the judge or

1-14  justice of the peace, except that each period of confinement must be not

2-1  less than 4 consecutive hours and must occur either at a time when the

2-2  person is not required to be at his place of employment or on a weekend.

2-3    (b) For the second offense within 7 years, is guilty of a misdemeanor

2-4  and shall be sentenced to:

2-5       (1) Imprisonment in the city or county jail or detention facility for not

2-6  less than 10 days, but not more than 6 months; and

2-7       (2) Perform not less than 100 hours, but not more than 200 hours, of

2-8  community service.

2-9  The person shall be further punished by a fine of not less than $500, but not

2-10  more than $1,000.

2-11    (c) For the third and any subsequent offense within 7 years, is guilty of

2-12  a category C felony and shall be punished as provided in NRS 193.130.

2-13    2.  In addition to any other penalty, if a person is convicted of a battery

2-14  which constitutes domestic violence pursuant to NRS 33.018, the court

2-15  shall:

2-16    (a) For the first offense within 7 years, require him to participate in

2-17  weekly counseling sessions of not less than 1 1/2 hours per week for not

2-18  less than 6 months, but not more than 12 months, at his own expense, in a

2-19  program for the treatment of persons who commit domestic violence that

2-20  has been certified pursuant to NRS 228.470.

2-21    (b) For the second offense within 7 years, require him to participate in

2-22  weekly counseling sessions of not less than 1 1/2 hours per week for 12

2-23  months, at his own expense, in a program for the treatment of persons who

2-24  commit domestic violence that has been certified pursuant to NRS 228.470.

2-25    3.  An offense that occurred within 7 years immediately preceding the

2-26  date of the principal offense or after the principal offense constitutes a prior

2-27  offense for the purposes of this section when evidenced by a conviction,

2-28  without regard to the sequence of the offenses and convictions. The facts

2-29  concerning a prior offense must be alleged in the complaint, indictment or

2-30  information, must not be read to the jury or proved at trial but must be

2-31  proved at the time of sentencing and, if the principal offense is alleged to

2-32  be a felony, must also be shown at the preliminary examination or

2-33  presented to the grand jury.

2-34    4.  In addition to any other fine or penalty, the court shall order such a

2-35  person to pay an administrative assessment of $35. Any money so collected

2-36  must be paid by the clerk of the court to the state treasurer on or before the

2-37  fifth day of each month for the preceding month for credit to the account

2-38  for programs related to domestic violence established pursuant to NRS

2-39  228.460.

2-40    5.  In addition to any other penalty, the court may require such a person

2-41  to participate, at his own expense, in a program of treatment for the abuse

2-42  of alcohol or drugs that has been certified by the bureau of alcohol and

2-43  drug abuse in the department of human resources.

2-44    6.  If it appears from information presented to the court that a child

2-45  under the age of 18 years may need counseling as a result of the

2-46  commission of a battery which constitutes domestic violence pursuant to

2-47  NRS 33.018, the court may refer the child to an agency which provides

2-48  protective services. If the court refers a child to an agency which provides

2-49  protective services, the court shall require the person convicted of a

3-1  battery which constitutes domestic violence pursuant to NRS 33.018 to

3-2  reimburse the agency for the costs of any services provided, to the extent

3-3  of his ability to pay.

3-4    7.  If a person is charged with committing a battery which constitutes

3-5  domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not

3-6  dismiss such a charge in exchange for a plea of guilty, guilty but mentally

3-7  ill or nolo contendere to a lesser charge or for any other reason unless he

3-8  knows, or it is obvious, that the charge is not supported by probable cause

3-9  or cannot be proved at the time of trial. A court shall not grant probation to

3-10  and, except as otherwise provided in NRS 4.373 and 5.055, a court shall

3-11  not suspend the sentence of such a person.

3-12    [7.] 8. For the purposes of this section:

3-13    (a) “Agency which provides protective services” has the meaning

3-14  ascribed to it in NRS 432B.030.

3-15    (b) “Battery” has the meaning ascribed to it in paragraph (a) of

3-16  subsection 1 of NRS 200.481 . [; and

3-17    (b)] (c) “Offense” includes a battery which constitutes domestic

3-18  violence pursuant to NRS 33.018 or a violation of the law of any other

3-19  jurisdiction that prohibits the same or similar conduct.

3-20    Sec. 2.  NRS 217.160 is hereby amended to read as follows:

3-21    217.160  The compensation officer may order the payment of

3-22  compensation:

3-23    1.  To or for the benefit of the victim . [;]

3-24    2.  If the victim has suffered personal injury, to any person responsible

3-25  for the maintenance of the victim who has suffered pecuniary loss or

3-26  incurred expenses as a result of the injury . [;]

3-27    3.  If the victim dies, to or for the benefit of any one or more of the

3-28  dependents of the victim . [; or]

3-29    4.  To a minor who needs an assessment, a psychological evaluation

3-30  or psychological counseling for emotional trauma suffered by the minor

3-31  as a result of a battery which constitutes domestic violence pursuant to

3-32  NRS 33.018. As used in this subsection, “battery” has the meaning

3-33  ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

3-34    5.  To a member of the victim’s household or immediate family for

3-35  psychological counseling for emotional trauma suffered by the member as

3-36  a result of the crime of murder as defined in NRS 200.010. As used in this

3-37  subsection:

3-38    (a) “Household” means an association of persons who live in the same

3-39  home or dwelling and who:

3-40      (1) Have significant personal ties to the victim; or

3-41      (2) Are related by blood, adoption or marriage, within the first degree

3-42  of consanguinity or affinity.

3-43    (b) “Immediate family” means persons who are related by blood,

3-44  adoption or marriage, within the first degree of consanguinity or affinity.

3-45    Sec. 3.  Chapter 432B of NRS is hereby amended by adding thereto a

3-46  new section to read as follows:

3-47    1.  Upon receiving a referral from a court pursuant to subsection 6 of

3-48  NRS 200.485, an agency which provides protective services may, as

4-1  appropriate, conduct an assessment to determine whether a psychological

4-2  evaluation or counseling is needed by a child.

4-3    2.  If an agency which provides protective services conducts an

4-4  assessment pursuant to subsection 1 and determines that a psychological

4-5  evaluation or counseling is needed by the child, the agency may:

4-6    (a) Conduct the evaluation or counseling; or

4-7    (b) Refer the child to a person that has entered into an agreement with

4-8  the agency to provide those services.

4-9    Sec. 4.  The amendatory provisions of sections 1 and 3 of this act do

4-10  not apply to offenses committed before October 1, 2001.

 

4-11  H