(Reprinted with amendments adopted on March 27, 2003)

 

Senate Bill No. 224–Senators Titus, Carlton,
Wiener and Mathews

 

March 3, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Allows designation of attendant in all civil and certain criminal proceedings involving victim of act of domestic violence. (BDR 3‑136)

 

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 domestic violence; allowing the designation of an attendant in all civil and certain criminal proceedings involving a victim of an act of 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 50 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  In any civil action involving a victim of an act of domestic

1-4  violence pursuant to NRS 33.018, the victim may designate a

1-5  person to act as an attendant during any proceeding to provide

1-6  support to the victim.

1-7  2.  The victim may designate any person to act as an

1-8  attendant.

1-9  3.  An attendant:

1-10      (a) Is not required to possess or obtain any special

1-11  qualifications, such as certification or training, to serve as an

1-12  attendant pursuant to this section.

1-13      (b) Shall be available to provide moral and emotional support

1-14  to the victim.

2-1  (c) Shall be available to assist the victim in feeling more

2-2  confident that the victim will not be injured or threatened at any

2-3  time during any proceeding.

2-4  (d) Unless otherwise ordered by the court, must be allowed to

2-5  be present in close proximity to the victim during any proceeding.

2-6  4.  Unless the attendant is an attorney licensed or otherwise

2-7  authorized to practice in this state, the attendant shall not provide

2-8  any legal advice to the victim. Any action taken by the attendant in

2-9  accordance with this section shall be deemed not to constitute the

2-10  unauthorized practice of law pursuant to NRS 7.285.

2-11      5.  The attendant may be designated by a party as a witness

2-12  and must not be excluded from the proceedings. If a party

2-13  designates the attendant as a witness, the attendant must be

2-14  examined and cross-examined before any other witness testifies.

2-15      6.  For the purposes of this section, “victim of an act of

2-16  domestic violence pursuant to NRS 33.018” includes any person

2-17  who alleges that he is a victim of an act of domestic violence

2-18  pursuant to NRS 33.018, regardless of whether or not the alleged

2-19  perpetrator of the act of domestic violence has been charged with

2-20  or convicted of any criminal offense related to that act.

2-21      Sec. 2.  NRS 178.571 is hereby amended to read as follows:

2-22      178.571  1.  Except as otherwise provided in subsection 2, in a

2-23  case involving any act of domestic violence pursuant to NRS

2-24  33.018, a violation of NRS 200.366, 200.368 or 200.373, a battery

2-25  with intent to commit a sexual assault pursuant to NRS 200.400, a

2-26  violation of any provision of NRS 200.5091 to 200.5099, inclusive,

2-27  a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an

2-28  attempt or a conspiracy to commit any of these offenses, a witness

2-29  may designate an attendant who must be allowed to attend the

2-30  preliminary hearing and the trial during the witness’s testimony to

2-31  provide support.

2-32      2.  In a case involving an offense in which a minor is a witness,

2-33  the witness who is a minor may designate an attendant who must be

2-34  allowed to attend the preliminary hearing and the trial during the

2-35  witness’s testimony to provide support.

2-36      3.  The attendant may be designated by a party as a witness and,

2-37  except as otherwise provided in this section, must not be excluded

2-38  from the proceedings. If a party designates the attendant as a

2-39  witness, the attendant must be examined and cross-examined before

2-40  any other witness testifies.

2-41      4.  Except as otherwise provided in this subsection and

2-42  subsection 5, the attendant must not be a reporter or editorial

2-43  employee of any newspaper, periodical or press association or an

2-44  employee of any radio or television station. The provisions of this

2-45  subsection do not apply to an attendant to a witness in a case

3-1  involving a violation of any provision of NRS 200.5091 to

3-2  200.50995, inclusive.

3-3  5.  The parent, child, brother or sister of the witness may serve

3-4  as the attendant of the witness whether or not the attendant is a

3-5  reporter or an editorial employee of any newspaper, periodical or

3-6  press association or an employee of any radio or television station,

3-7  but the attendant shall not make notes during the hearing or trial.

3-8  6.  The court:

3-9  (a) Shall, if the witness requests, allow the attendant to sit next

3-10  to the witness while the witness is testifying; or

3-11      (b) May, if the witness requests that the attendant be in another

3-12  location in the courtroom while the witness is testifying, allow the

3-13  attendant to be in that location while the witness is testifying.

3-14      7.  Except as otherwise provided in this subsection, the court

3-15  shall allow the attendant to have physical contact with the witness

3-16  while the witness is testifying, if the court determines that such

3-17  contact is reasonably appropriate or necessary to provide support to

3-18  the witness. If the attendant attempts to influence or affect in any

3-19  manner the testimony of the witness during the giving of testimony

3-20  or at any other time, the court shall exclude that attendant and allow

3-21  the witness to designate another attendant.

3-22      8.  A party may move to exclude a particular attendant for good

3-23  cause, and the court shall hear the motion out of the presence of the

3-24  jury, if any. If the court grants the motion, the witness may

3-25  designate another attendant.

 

3-26  H