2005 Nevada Revised Statutes - Chapter 217 — Aid to Certain Victims of Crime

CHAPTER 217 - AID TO CERTAIN VICTIMS OFCRIME

GENERAL PROVISIONS

NRS 217.005 Disseminationof information describing benefits available pursuant to this chapter.

NRS 217.007 Rightof victim to receive proceeds from material based upon or related to crime;limitation on liability.

COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS

NRS 217.010 Policyof State.

NRS 217.020 Definitions.

NRS 217.025 Appealsofficer defined.

NRS 217.030 Boarddefined.

NRS 217.033 Compensationofficer defined.

NRS 217.035 Crimedefined.

NRS 217.040 Dependentsdefined.

NRS 217.045 Hearingofficer defined.

NRS 217.050 Personalinjury defined.

NRS 217.060 Relativedefined.

NRS 217.065 Residentdefined.

NRS 217.070 Victimdefined.

NRS 217.090 Compensationofficers: Appointment; duties; instruction.

NRS 217.100 Applicationfor compensation; medical reports.

NRS 217.102 Circumstancesunder which resident injured in another state may apply for compensation.

NRS 217.105 Confidentialityof information.

NRS 217.110 Reviewof application; appeal of denial by compensation officer; investigation ofclaim; availability and confidentiality of reports concerning crime committedby minor; decisions.

NRS 217.112 Hearingbefore hearing officer: Request by applicant; failure to request hearingexcused under certain circumstances; notice of change of address.

NRS 217.113 Hearingbefore hearing officer: Procedure; subpoenas; evidence; records; decision.

NRS 217.115 Waiverof times specified.

NRS 217.117 Appealof decision of hearing officer or appeals officer; powers and duties of appealsofficer.

NRS 217.120 Proofof conviction conclusive evidence of commission of offense.

NRS 217.130 Regulations.

NRS 217.140 Attorneysfees.

NRS 217.150 Standardsfor compensation.

NRS 217.160 Personswho may be awarded compensation.

NRS 217.170 Suspensionof proceedings.

NRS 217.180 Orderfor compensation: Considerations.

NRS 217.200 Paymentof compensation for expenses and losses; certificate for meritorious citizensservice; limitations.

NRS 217.210 Limitationson time for making order for payment of compensation; exceptions.

NRS 217.220 Awardof compensation prohibited under certain circumstances; exceptions.

NRS 217.240 Recoveryby applicant: Subrogation; duty of notice and payment.

NRS 217.245 Acceptanceof payment from Board for certain services provided to victim constitutespayment in full.

NRS 217.250 Reports.

NRS 217.260 Fundfor Compensation of Victims of Crime.

NRS 217.270 Unlawfulacts; penalty.

ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

NRS 217.280 Victimof sexual assault defined.

NRS 217.290 Countyto provide for counseling and medical treatment of victims.

NRS 217.300 Paymentof cost of initial medical care of victim.

NRS 217.310 Applicationfor medical and psychological treatment of victim and spouse; companionshipduring counseling; prerequisite to approval.

NRS 217.320 Availabilityof medical and psychological treatment; limitation of cost.

NRS 217.330 Certificationby person providing counseling or psychological treatment required.

NRS 217.340 Limitationson time for treatment.

NRS 217.350 Regulationsprescribing procedures.

ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE

NRS 217.400 Definitions.

NRS 217.410 Allocationof money to organizations specifically created to assist victims of sexualassault.

NRS 217.420 Grantsfrom Account for Aid for Victims of Domestic Violence: Eligibility.

NRS 217.440 Accountfor Aid for Victims of Domestic Violence: Creation; administration; applicationfor grant.

NRS 217.445 Expenditureof grant must be approved by Division.

NRS 217.450 Procedurefor award of grants; formula.

NRS 217.460 Reportsfrom recipients of grants; report from Administrator of Division toLegislature.

NRS 217.462 Fictitiousaddress for victim of domestic violence, sexual assault or stalking:Eligibility; application to Secretary of State; penalty for providing falseinformation.

NRS 217.464 Fictitiousaddress for victim of domestic violence, sexual assault or stalking:Designation of fictitious address; forwarding of mail; disclosure ofconfidential address by Secretary of State; notification of school that pupil,parent or legal guardian is participant.

NRS 217.466 Fictitiousaddress for victim of domestic violence, sexual assault or stalking: Form forparticipant to register to vote or change address of registration.

NRS 217.468 Fictitiousaddress for victim of domestic violence, sexual assault or stalking:Cancellation.

NRS 217.471 Fictitiousaddress for victim of domestic violence, sexual assault or stalking: Adoptionof procedures by Secretary of State.

NRS 217.475 Teamto review death of victim of domestic violence.

ASSISTANCE TO VICTIMS OF SEXUAL ABUSE

NRS 217.480 Countyto provide for counseling of victims and certain relatives upon request.

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GENERAL PROVISIONS

NRS 217.005 Disseminationof information describing benefits available pursuant to this chapter. The Clerk of the Board may prepare and disseminateinformation describing the benefits available pursuant to this chapter tovictims of crime.

(Added to NRS by 1985, 2099; A 1991, 763)

NRS 217.007 Rightof victim to receive proceeds from material based upon or related to crime;limitation on liability.

1. A victim may commence any action specified in NRS 11.190, 11.215 or 207.470which arises from the commission of a felony, against the person who committedthe felony within 5 years after the time the person who committed the felonybecomes legally entitled to receive proceeds for any contribution to any materialthat is based upon or substantially related to the felony which was perpetratedagainst the victim.

2. If the limitation period established in NRS 11.190, 11.215 or 207.520has otherwise expired, the liability of the person committing the felony to avictim imposed under this section must be limited to the value of the proceedsreceived by the person who committed the felony for any contribution tomaterial that is based upon or substantially related to the felony which wasperpetrated against the victim.

3. For purposes of this section:

(a) Material means a book, magazine or newspaperarticle, movie, film, videotape, sound recording, interview or appearance on atelevision or radio station and live presentations of any kind.

(b) Proceeds includes money, royalties, real propertyand any other consideration.

(c) Victim means any person:

(1) Against whom a crime has been committed;

(2) Who has been injured or killed as a directresult of the commission of a crime; or

(3) Who is the surviving spouse, a parent or achild of such a person.

(Added to NRS by 1993, 453)

COMPENSATION FOR CERTAIN VICTIMS OF CRIMINAL ACTS

NRS 217.010 Policyof State. It is the policy of this State toprovide assistance to persons who are victims of violent crimes or thedependents of victims of violent crimes.

(Added to NRS by 1969, 1151; A 1975, 1292, 1788;1981, 1666)

NRS 217.020 Definitions. As used in NRS 217.010to 217.270, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1969, 1151; A 1975, 1292, 1788;1981, 1666; 1983, 889; 1985, 2099; 1989, 261; 1991, 763; 1997, 192, 787)

NRS 217.025 Appealsofficer defined. Appeals officer means an appealsofficer of the Department of Administration.

(Added to NRS by 1985, 2099; A 1991, 763)

NRS 217.030 Boarddefined. Board means the State Board ofExaminers.

(Added to NRS by 1969, 1151)

NRS 217.033 Compensationofficer defined. Compensation officer meansa compensation officer of the Department of Administration.

(Added to NRS by 1989, 261; A 1991, 763)

NRS 217.035 Crimedefined. Crime means:

1. An act or omission committed within this statewhich, if committed by an adult, is forbidden by law and punishable uponconviction by death, imprisonment, fine or other penal discipline; or

2. An act of international terrorism as defined in 18U.S.C. 2331(1) against a resident.

(Added to NRS by 1975, 1788; A 1991, 763; 1997, 192)

NRS 217.040 Dependentsdefined. Dependents means the relatives of adeceased or injured victim who were wholly or partially dependent upon hisincome at the time of his death or injury.

(Added to NRS by 1969, 1151; A 1981, 1666)

NRS 217.045 Hearingofficer defined. Hearing officer means ahearing officer of the Department of Administration.

(Added to NRS by 1981, 1665; A 1991, 764)

NRS 217.050 Personalinjury defined. Personal injury means:

1. Actual bodily harm or threat of bodily harm whichresults in a need for medical treatment;

2. In the case of a minor who was involved in theproduction of pornography in violation of NRS200.710, 200.720, 200.725 or 200.730, any harm which results in a needfor medical treatment or any psychological or psychiatric counseling, or both;or

3. Any harm which results from sexual abuse.

(Added to NRS by 1969, 1151; A 1981, 1666; 1983, 818;1985, 2099; 1995, 953)

NRS 217.060 Relativedefined. Relative of any person includes:

1. A spouse, parent, grandparent or stepparent;

2. A natural born, step or adopted child;

3. A grandchild, brother, sister, half brother or halfsister; or

4. A parent of a spouse.

(Added to NRS by 1969, 1151; A 1981, 1667)

NRS 217.065 Residentdefined. Resident means a person who:

1. Is a citizen of the United States or who islawfully entitled to reside in the United States; and

2. During the 6 weeks preceding the date of the crimewas:

(a) Domiciled in this state; and

(b) Physically present in this state, except for anytemporary absence.

(Added to NRS by 1997, 192)

NRS 217.070 Victimdefined. Victim means:

1. A person who is physically injured or killed as thedirect result of a criminal act;

2. A minor who was involved in the production ofpornography in violation of NRS 200.710,200.720, 200.725 or 200.730;

3. A minor who was sexually abused, as sexual abuseis defined in NRS 432B.100;

4. A person who is physically injured or killed as thedirect result of a violation of NRS 484.379or any act or neglect of duty punishable pursuant to NRS 484.3795 or 484.37955;

5. A pedestrian who is physically injured or killed asthe direct result of a driver of a motor vehicle who failed to stop at thescene of an accident involving the driver and the pedestrian in violation of NRS 484.219; or

6. A resident who is physically injured or killed asthe direct result of an act of international terrorism as defined in 18 U.S.C. 2331(1).

The termincludes a person who was harmed by any of these acts whether the act wascommitted by an adult or a minor.

(Added to NRS by 1969, 1151; A 1975, 1789; 1981,1667; 1983, 818; 1985, 2099; 1987, 2270; 1995, 953; 1997, 192, 787; 2005, 167)

NRS 217.090 Compensationofficers: Appointment; duties; instruction.

1. The Clerk of the Board shall appoint one or morecompensation officers.

2. A compensation officer shall:

(a) Conduct an investigation to determine theeligibility of the applicant for aid, including but not limited to:

(1) Compiling bills and medical reports fromphysicians who have treated the victim for his injury;

(2) Obtaining from the victim a signed affidavitindicating the amount of any wages allegedly lost because of the injury andverifying that information with the employer of the victim;

(3) Obtaining and reviewing reports of peaceofficers and statements of witnesses; and

(4) Determining the availability to theapplicant of any insurance benefits or other source from which the applicant iseligible to be compensated on account of his injuries or the death of thevictim.

(b) After completing his investigation, make adetermination of eligibility and render a written decision, including an orderdirecting payment of compensation, if compensation is due.

3. Each compensation officer appointed by the Boardmust receive at least 8 hours of instruction concerning the methods used tointerview victims of crime before he may conduct interviews as a compensationofficer.

(Added to NRS by 1969, 1151; A 1975, 1292, 1789;1981, 1667; 1983, 1957; 1985, 397; 1989, 261, 1509; 1991, 764)

NRS 217.100 Applicationfor compensation; medical reports.

1. Any person eligible for compensation under theprovisions of NRS 217.010 to 217.270, inclusive, may apply to the Boardfor such compensation. Where the person entitled to make application is:

(a) A minor, the application may be made on his behalfby a parent or guardian.

(b) Mentally incompetent, the application may be madeon his behalf by a parent, guardian or other person authorized to administerhis estate.

2. The applicant must submit with his application thereports, if reasonably available, from all physicians who, at the time of orsubsequent to the victims injury or death, treated or examined the victim inrelation to the injury for which compensation is claimed.

(Added to NRS by 1969, 1151; A 1975, 1292; 1977, 958;1981, 1668)

NRS 217.102 Circumstancesunder which resident injured in another state may apply for compensation. A resident who is a victim of a crime that occurred in astate other than the State of Nevada may apply to the Board for compensationif:

1. The state in which the crime occurred does not havea program for compensating victims of crime for their injuries; or

2. The resident is ineligible to receive compensationunder the program of the other state.

(Added to NRS by 1997, 192)

NRS 217.105 Confidentialityof information. Any information which acompensation officer obtains in the investigation of a claim for compensationpursuant to NRS 217.090 or which issubmitted pursuant to NRS 217.100 isconfidential and must not be disclosed except:

1. Upon the request of the applicant or his attorney;

2. In the necessary administration of this chapter; or

3. Upon the lawful order of a court of competentjurisdiction,

unless thedisclosure is otherwise prohibited by law.

(Added to NRS by 1989, 1509; A 1991, 765)

NRS 217.110 Reviewof application; appeal of denial by compensation officer; investigation ofclaim; availability and confidentiality of reports concerning crime committedby minor; decisions.

1. Upon receipt of an application for compensation,the compensation officer shall review the application to determine whether theapplicant qualifies for compensation. The compensation officer shall deny theclaim within 5 days after receipt of the application if the applicantsineligibility is apparent from the facts stated in the application. Theapplicant may appeal the denial to a hearing officer within 15 days after the decision.If the hearing officer determines that the applicant may be entitled tocompensation, the hearing officer shall order the compensation officer tocomplete an investigation and render a decision pursuant to subsection 2. Ifthe hearing officer denies the appeal, the applicant may appeal to an appealsofficer pursuant to NRS 217.117.

2. If the compensation officer does not deny theapplication pursuant to subsection 1, or if he is ordered to proceed by thehearing officer, he shall conduct an investigation and, except as otherwiseprovided in subsection 4, render a decision within 60 days after his receipt ofthe application or order. If in conducting his investigation the compensationofficer believes that:

(a) Reports on the previous medical history of thevictim;

(b) An examination of the victim and a report of thatexamination;

(c) A report on the cause of death of the victim by animpartial medical expert; or

(d) Investigative or police reports,

would aidhim in making his decision, the compensation officer may order the reports.

3. Upon the request of a compensation officer pursuantto subsection 2 for investigative or police reports which concern a minor whocommitted a crime against the victim, a juvenile court or a law enforcementagency shall provide the compensation officer with a copy of the requestedinvestigative or police reports. Any reports obtained by a compensation officerpursuant to this subsection are confidential and must not be disclosed exceptupon the lawful order of a court of competent jurisdiction.

4. When additional reports are requested pursuant tosubsection 2, the compensation officer shall render a decision in the case,including an order directing the payment of compensation, if compensation isdue, within 15 days after receipt of the reports.

(Added to NRS by 1969, 1152; A 1975, 1789; 1981,1668; 1985, 2100; 1991, 765; 2005, 61)

NRS 217.112 Hearingbefore hearing officer: Request by applicant; failure to request hearingexcused under certain circumstances; notice of change of address.

1. An applicant who is subject to the provisions ofthis chapter may request a hearing before a hearing officer on any matterwithin the hearing officers authority. The compensation officer shall providewith his decision the necessary information for requesting such a hearing.

2. An applicant aggrieved by a compensation officersdecision may appeal the decision by filing a request for a hearing before ahearing officer. Such a request must be filed within 15 days after the decisionwas mailed by the Clerk or compensation officer.

3. Failure to file a request for a hearing within theperiod specified in subsection 2 may be excused if the applicant shows by apreponderance of the evidence that he did not receive the notice of thedecision and the information necessary to request a hearing.

4. The applicant shall notify the compensation officerand the hearing officer in writing of a change of address within a reasonabletime after that change.

(Added to NRS by 1991, 763)

NRS 217.113 Hearingbefore hearing officer: Procedure; subpoenas; evidence; records; decision.

1. If an applicant appeals a determination of thecompensation officer, the hearing officer shall hold a hearing unless thehearing officer can render a favorable decision to the applicant without ahearing. If the hearing officer holds a hearing, the hearing officer shall:

(a) Within 5 days after receiving a request for ahearing, set the hearing for a date and time within 30 days after receipt ofthe request; and

(b) Give notice by United States mail or by personalservice to the applicant at least 15 days before the date and time scheduledfor the hearing.

The hearingofficer shall render a decision in the case, including an order directingpayment of compensation, if compensation is due, within 15 days after thehearing or receiving the reports necessary in rendering the decision. Thehearing officer may affirm, modify or reverse the decision of the compensationofficer. The hearing officer shall mail his decision to the applicant andinclude any information necessary for appealing the decision to the appealsofficer.

2. The hearing officer may issue subpoenas to compelthe attendance of witnesses and the production of books and papers at thehearing.

3. If a witness refuses to attend or testify orproduce any books and papers as required by the subpoena, the hearing officermay report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the hearingofficer pursuant to this section; and

(c) The witness has failed or refused to attend orproduce the books and papers required by the subpoena before the hearingofficer who is named in the subpoena, or has refused to answer questionspropounded to him,

and askingfor an order of the court compelling the witness to attend and testify orproduce the books and papers before the hearing officer.

4. Upon receiving such a petition, the court shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the hearingofficer. A certified copy of the order must be served upon the witness.

5. If it appears to the court that the subpoena wasregularly issued by the hearing officer, the court shall enter an order thatthe witness appear before the hearing officer at the time and place fixed inthe order and testify or produce the required books or papers, and upon failureto obey the order the witness must be dealt with as for contempt of court.

6. The applicant and any other person having asubstantial interest in the outcome of the hearing may appear and be heard,produce evidence and cross-examine witnesses in person or by his attorney. Thehearing officer also may hear other persons who may have relevant evidence tosubmit.

7. Any statement, document, information or matter maybe received in evidence if, in the opinion of the hearing officer, itcontributes to a determination of the claim, whether or not the evidence wouldbe admissible in a court of law.

8. The hearing officer shall create a record of eachhearing. The record may be in the form of a sound recording.

9. The hearing officer shall render his decision inthe case, including an order directing the payment of compensation, ifcompensation is due, within 15 days after the hearing.

(Added to NRS by 1981, 1665; A 1991, 766)

NRS 217.115 Waiverof times specified. The limitations of time inNRS 217.110 and 217.113 may be waived by the applicant or,upon good cause shown, by the hearing officer or appeals officer.

(Added to NRS by 1981, 1666; A 1985, 2101)

NRS 217.117 Appealof decision of hearing officer or appeals officer; powers and duties of appealsofficer.

1. The applicant or Clerk of the Board may, within 15days after the hearing officer renders his decision, appeal the decision to anappeals officer. The appeals officer may hold a hearing or render a decisionwithout a hearing. If the appeals officer holds a hearing he must give noticeto the applicant, hold the hearing within 30 days after the notice, and renderhis decision in the case within 15 days after the hearing. The appeals officershall render a decision in each case within 30 days after receiving the appealand the record if a hearing is not held. The appeals officer may affirm, modifyor reverse the decision of the hearing officer.

2. The appeals officer has the same powers as arevested in the hearing officer pursuant to NRS217.113.

3. The applicant or Clerk of the Board may, within 15days after the appeals officer renders his decision, appeal the decision to theBoard. The Board shall consider the appeal on the record at its next scheduledmeeting if the appeal and the record are received by the Board at least 5 daysbefore the meeting. Within 15 days after the meeting the Board shall render itsdecision in the case or give notice to the applicant that a hearing will beheld. The hearing must be held within 30 days after the notice is given and theBoard shall render its decision in the case within 15 days after the hearing.The Board may affirm, modify or reverse the decision of the appeals officer.

4. The decision of the Board is final and not subjectto judicial review.

(Added to NRS by 1981, 1666; A 1985, 2101; 1991, 767)

NRS 217.120 Proofof conviction conclusive evidence of commission of offense. If any person has been convicted of any offense withrespect to an act on which a claim under NRS217.010 to 217.270, inclusive, isbased, proof of that conviction is conclusive evidence that the offense hasbeen committed, unless an appeal or any proceeding with regard thereto ispending.

(Added to NRS by 1969, 1152; A 1975, 1293)

NRS 217.130 Regulations. In the performance of its functions, the Board may adopt,rescind and amend rules and regulations prescribing the procedures to befollowed in the filing of applications and proceedings under NRS 217.010 to 217.270, inclusive, and for such othermatters as the Board deems appropriate.

(Added to NRS by 1969, 1152; A 1975, 1293)

NRS 217.140 Attorneysfees.

1. The hearing officer may, as part of any orderentered pursuant to the provisions of NRS217.010 to 217.270, inclusive, allowreasonable attorneys fees, but these fees may not exceed 10 percent of theaward.

2. It is unlawful for any attorney to ask for,contract for or receive any larger sum than the amount so allowed.

(Added to NRS by 1969, 1152; A 1975, 1293; 1981,1669)

NRS 217.150 Standardsfor compensation. The Board shall, so far aspracticable, formulate standards for the uniform application of NRS 217.010 to 217.270, inclusive, by the compensationofficers in the determination of the amount of any compensation payablepursuant to NRS 217.010 to 217.270, inclusive. The standards must takeinto consideration rates and amounts of compensation payable for injuries anddeath under other laws of this state and of the United States.

(Added to NRS by 1969, 1152; A 1975, 1293; 1981,1669; 1991, 767)

NRS 217.160 Personswho may be awarded compensation.

1. The compensation officer may order the payment ofcompensation:

(a) To or for the benefit of the victim.

(b) If the victim has suffered personal injury, to anyperson responsible for the maintenance of the victim who has suffered pecuniaryloss or incurred expenses as a result of the injury.

(c) If the victim dies, to or for the benefit of anyone or more of the dependents of the victim.

(d) To a minor who is a member of the household orimmediate family of a victim of a battery which constitutes domestic violencepursuant to NRS 33.018 who needs anassessment, a psychological evaluation or psychological counseling foremotional trauma suffered by the minor as a result of the battery.

(e) To a member of the victims household or immediatefamily for psychological counseling for emotional trauma suffered by the memberas a result of the crime of murder as defined in NRS 200.010.

2. As used in this section:

(a) Battery has the meaning ascribed to it inparagraph (a) of subsection 1 of NRS 200.481.

(b) Household means an association of persons wholive in the same home or dwelling and who:

(1) Have significant personal ties to thevictim; or

(2) Are related by blood, adoption or marriage,within the first degree of consanguinity or affinity.

(c) Immediate family means persons who are related byblood, adoption or marriage, within the first degree of consanguinity oraffinity.

(Added to NRS by 1969, 1153; A 1981, 1670; 1989,1510; 1991, 128, 768; 2001,2487)

NRS 217.170 Suspensionof proceedings. Upon application made by anappropriate prosecuting authority, the compensation, hearing or appeals officeror the Board may suspend any proceedings being conducted pursuant to NRS 217.010 to 217.270, inclusive, for such period as heor it deems appropriate on the ground that a prosecution for an offense arisingfrom the act or omission to act on which the claim for compensation is basedhas been commenced or is imminent.

(Added to NRS by 1969, 1153; A 1975, 1293; 1981,1670; 1991, 768)

NRS 217.180 Orderfor compensation: Considerations.

1. In determining whether to make an order forcompensation, the compensation officer shall consider the provocation, consentor any other behavior of the victim that directly or indirectly contributed tohis injury or death, the prior case or social history, if any, of the victim,the need of the victim or his dependents for financial aid and other relevantmatters.

2. If the applicant has received or is likely toreceive an amount on account of his injury or the death of another from:

(a) The person who committed the crime that caused thevictims injury or from anyone paying on behalf of the offender;

(b) Insurance;

(c) The employer of the victim; or

(d) Another private or public source or program ofassistance,

theapplicant shall report the amount received or that he is likely to receive tothe compensation officer. Any of those sources that are obligated to pay anamount after the award of compensation shall pay the Board the amount ofcompensation that has been paid to the applicant and pay the remainder of theamount due to the applicant. The compensation officer shall deduct the amountsthat the applicant has received or is likely to receive from those sources fromthe applicants total expenses.

3. An order for compensation may be made whether ornot a person is prosecuted or convicted of an offense arising from the act onwhich the claim for compensation is based.

4. As used in this section, public source or programof assistance means:

(a) Public assistance, as defined in NRS 422.050 and 422A.065;

(b) Social services provided by a social service agency,as defined in NRS 430A.080; or

(c) Other assistance provided by a public entity.

(Added to NRS by 1969, 1153; A 1981, 1670; 1985,2102; 1991, 768; 1997, 788; 2005, 22nd SpecialSession, 49)

NRS 217.200 Paymentof compensation for expenses and losses; certificate for meritorious citizensservice; limitations.

1. The compensation officer may order the payment ofcompensation and the award of a Governors certificate for meritoriouscitizens service to a victim for:

(a) Medical expenses, expenses for psychologicalcounseling and nonmedical remedial care and treatment rendered in accordancewith a religious method of healing, that are actually and reasonably incurredas a result of the personal injury or death of the victim;

(b) Loss of earnings or support that is reasonablyincurred as a result of the total or partial incapacity of the victim for notlonger than 52 weeks;

(c) Pecuniary loss to the dependents of a deceasedvictim;

(d) Funeral expenses that are actually and reasonablyincurred as a result of the death of the victim; and

(e) Another loss which results from the personal injuryor death of the victim and which the compensation officer determines to bereasonable.

2. The compensation officer may order the payment ofcompensation for a person who pays the funeral expenses of a victim.

3. An award must not be made for more than $50,000.

(Added to NRS by 1969, 1153; A 1975, 1790; 1981,1670; 1983, 818, 1958; 1985, 2102; 1987, 497; 1991, 769; 1995, 2220; 1997, 114,920; 2001, 384)

NRS 217.210 Limitationson time for making order for payment of compensation; exceptions.

1. Except as otherwise provided in subsection 2, anorder for the payment of compensation must not be made unless the applicationis made within 1 year after the date of the personal injury or death on whichthe claim is based, unless waived by the Board of Examiners or a persondesignated by the Board for good cause shown, and the personal injury or deathwas the result of an incident or offense that was reported to the police within5 days of its occurrence or, if the incident or offense could not reasonablyhave been reported within that period, within 5 days of the time when a reportcould reasonably have been made.

2. The limitations upon payment of compensationestablished in subsection 1 do not apply to a minor who is sexually abused orwho is involved in the production of pornography. Such a minor must apply forcompensation before reaching 21 years of age.

(Added to NRS by 1969, 1153; A 1981, 1671; 1983,1958; 1985, 2103; 1989, 1510; 1991, 769; 1997, 788)

NRS 217.220 Awardof compensation prohibited under certain circumstances; exceptions.

1. Except as otherwise provided in subsections 2 and3, compensation must not be awarded if the victim:

(a) Was injured or killed as a result of the operationof a motor vehicle, boat or airplane unless the vehicle, boat or airplane wasused as a weapon in a deliberate attempt to harm the victim or unless thedriver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle waspunishable pursuant to NRS 484.3795 or 484.37955;

(b) Was not a citizen of the United States or was notlawfully entitled to reside in the United States at the time the incident uponwhich the claim is based occurred or he is unable to provide proof that he wasa citizen of the United States or was lawfully entitled to reside in the UnitedStates at that time;

(c) Was a coconspirator, codefendant, accomplice oradult passenger of the offender whose crime caused the victims injuries;

(d) Was injured or killed while serving a sentence ofimprisonment in a prison or jail;

(e) Was injured or killed while living in a facilityfor the commitment or detention of children who are adjudicated delinquentpursuant to title 5 of NRS; or

(f) Fails to cooperate with law enforcement agencies.Such cooperation does not require prosecution of the offender.

2. Paragraph (a) of subsection 1 does not apply to aminor who was physically injured or killed while being a passenger in thevehicle of an offender who violated NRS484.379 or is punishable pursuant to NRS484.3795 or 484.37955.

3. A victim who is a relative of the offender or who,at the time of the personal injury or death of the victim, was living with theoffender in a continuing relationship may be awarded compensation if theoffender would not profit by the compensation of the victim.

4. The compensation officer may deny an award if hedetermines that the applicant will not suffer serious financial hardship. Indetermining whether an applicant will suffer serious financial hardship, thecompensation officer shall not consider:

(a) The value of the victims dwelling;

(b) The value of one motor vehicle owned by the victim;or

(c) The savings and investments of the victim up to anamount equal to the victims annual salary.

(Added to NRS by 1969, 1153; A 1975, 1294, 1790;1981, 1671; 1983, 818; 1985, 2103; 1987, 2270; 1991, 770; 1995, 953, 2220;1997, 193, 605, 789; 1999,117; 2003, 1127;2005, 168)

NRS 217.240 Recoveryby applicant: Subrogation; duty of notice and payment.An applicant who accepts an award does so under the following conditions:

1. The State of Nevada is immediately subrogated inthe amount of the award to any right of action or recovery the applicant mayhave against any party, and that right of subrogation may be diminished forattorneys fees and other costs of litigation in obtaining a recovery fromanother source; and

2. If recovery from any source is obtained for damagescaused by the crime, the applicant shall promptly notify the Department ofAdministration of the source and amount of that recovery, and shall promptlypay to the Board the lesser of the amount of the award made pursuant to thischapter or the amount recovered less attorneys fees and costs. The duty ofnotice and payment pursuant to this subsection continues until the amount ofthe award has been repaid to the State of Nevada.

(Added to NRS by 1969, 1154; A 1975, 1294; 1981,1671; 1989, 1732; 1991, 770)

NRS 217.245 Acceptanceof payment from Board for certain services provided to victim constitutespayment in full. Notwithstanding anotherprovision of law, if a person who provides a service to a victim for whichcompensation is ordered pursuant to paragraph (a) of subsection 1 of NRS 217.200 accepts payment from the Boardfor such a service, the person shall be deemed to have agreed to the conditionthat:

1. Such payment by the Board constitutes payment infull for the service provided; and

2. The person may not collect or attempt to collectfurther payment from the victim or person on whose behalf the payment is madeby the Board.

(Added to NRS by 1997, 787)

NRS 217.250 Reports. The Board shall prepare and transmit biennially to theLegislature a report of its activities, including:

1. The amount of compensation awarded;

2. The number of applicants;

3. The number of applicants who were deniedcompensation; and

4. The average length of time taken to awardcompensation, from the date of receipt of the application to the date of thepayment of compensation.

(Added to NRS by 1969, 1154; A 1971, 156; 1975, 1294;1981, 1672; 1991, 771)

NRS 217.260 Fundfor Compensation of Victims of Crime.

1. Money for payment of compensation as ordered by theBoard and for payment of salaries and other expenses incurred by the Departmentof Administration pursuant to NRS 217.010to 217.270, inclusive, must be paid fromthe Fund for the Compensation of Victims of Crime, which is hereby created.Money in the Fund must be disbursed on the order of the Board in the same manneras other claims against the State are paid. The Board shall estimate quarterly:

(a) The revenue in the Fund which is available for thepayment of compensation; and

(b) The anticipated expenses for the next quarter.

If theestimated expenses for the quarter exceed the available revenue, all claimspaid in that quarter must be reduced in the same proportion as the expensesexceeded the revenue.

2. Money deposited in the Fund which is recovered froma forfeiture of assets pursuant to NRS200.760 and the interest and income earned on that money must be used forthe counseling and medical treatment of victims of crimes committed inviolation of NRS 200.366, 200.710, 200.720,200.725, 200.730 or 201.230.

3. The interest and income earned on the money in theFund for the Compensation of Victims of Crime, after deducting any applicablecharges, must be credited to the Fund.

(Added to NRS by 1969, 1154; A 1977, 328; 1981, 1341,1672; 1983, 819, 1136, 1959; 1985, 639, 2104, 2106; 1987, 2271; 1989, 246;1991, 771; 1995, 954)

NRS 217.270 Unlawfulacts; penalty. Any person who knowinglyobtains or attempts to obtain, or aids or abets any person to obtain, by meansof a willfully false statement or representation or other fraudulent device,assistance to which he is not entitled, or assistance greater than that towhich he is entitled pursuant to NRS 217.010to 217.260, inclusive, is guilty of agross misdemeanor.

(Added to NRS by 1975, 1788; A 1981, 1672)

ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

NRS 217.280 Victimof sexual assault defined. As used in NRS 217.280 to 217.350, inclusive, victim of sexualassault means a person who has been sexually assaulted as defined by NRS 200.366 or a person upon whom a sexualassault has been attempted.

(Added to NRS by 1975, 1291; A 1977, 1633; 1987, 498)

NRS 217.290 Countyto provide for counseling and medical treatment of victims. The board of county commissioners of each county shallprovide by ordinance for the counseling and medical treatment of victims ofsexual assault in accordance with the provisions of NRS 217.280 to 217.350, inclusive.

(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586)

NRS 217.300 Paymentof cost of initial medical care of victim. Thecounty in whose jurisdiction a sexual assault is committed shall pay any costsincurred for medical care for any physical injuries resulting from the assaultwhich is provided to the victim not later than 72 hours after the victim firstarrives for treatment.

(Added to NRS by 1975, 1291; A 1977, 1633; 1985,2105)

NRS 217.310 Applicationfor medical and psychological treatment of victim and spouse; companionshipduring counseling; prerequisite to approval.

1. If any victim of sexual assault requires medicaltreatment for physical injuries as a result of the sexual assault, in additionto any initial emergency medical care provided, or if any victim or spouse ofsuch a victim suffers emotional trauma as a result of the sexual assault, thevictim or spouse may, upon submitting an affidavit as required by subsection 2,apply to the board of county commissioners in the county where the sexual assaultoccurred for treatment at county expense.

2. The board shall approve an application fortreatment upon receiving an affidavit from the applicant declaring that:

(a) The applicant is a victim of sexual assault orspouse of such a victim;

(b) The sexual assault occurred in the county; and

(c) The victim requires medical treatment for physicalinjuries, or the victim or spouse has suffered emotional trauma, as a result ofthe sexual assault.

3. A victim who has suffered emotional trauma mayselect a relative or close friend to receive counseling with the victim if thecounselor agrees that such companionship will be helpful to the victim. If thevictims application for treatment is approved, counseling for the relative orfriend must also be approved.

4. The filing of a report with the appropriate lawenforcement agency is a prerequisite to qualify for treatment under theprovisions of this section.

(Added to NRS by 1975, 1291; A 1977, 1633; 1979, 586;1985, 2105)

NRS 217.320 Availabilityof medical and psychological treatment; limitation of cost.

1. Upon approval by the board of county commissionersas provided in NRS 217.310, medicaltreatment for the victims physical injuries or treatment in the form ofpsychological, psychiatric and marital counseling for the victim, the victimsspouse and any other eligible person must be made available at a countyhospital or other facility with which the board may contract for the purpose ofproviding such treatment.

2. Any costs for treatment provided pursuant to thissection, not exceeding $1,000, shall be paid by the county which authorized thetreatment.

(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587;1985, 2106)

NRS 217.330 Certificationby person providing counseling or psychological treatment required.

1. The board of county commissioners shall require thepsychologist, psychiatrist or counselor treating a victim of sexual assault orthe victims spouse for emotional trauma suffered as a result of the sexualassault to certify from time to time that the counseling relates to the sexualassault and that the victim or spouse still suffers from the effects of theemotional trauma which resulted from the sexual assault.

2. If the person providing the treatment fails to makethe certification upon request by the board, the board may order the treatmentterminated.

(Added to NRS by 1975, 1291; A 1977, 1634; 1979, 587)

NRS 217.340 Limitationson time for treatment. No order for treatmentpursuant to NRS 217.310 and 217.320 may be made by the board of countycommissioners unless:

1. The application for treatment is made within 60days after the date of the sexual assault; or

2. The sexual assault was reported to the policewithin 3 days after its occurrence, or if the offense could not reasonably havebeen reported within that period, within 3 days after the time when a reportcould reasonably have been made.

(Added to NRS by 1975, 1292; A 1977, 1634; 1985,2106)

NRS 217.350 Regulationsprescribing procedures. In the performance ofits functions under NRS 217.280 to 217.350, inclusive, the board of countycommissioners may adopt, rescind and amend regulations prescribing theprocedures to be followed in the filing of applications and for such othermatters as the board deems appropriate.

(Added to NRS by 1975, 1292)

ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE

NRS 217.400 Definitions. As used in NRS 217.400to 217.475, inclusive, unless thecontext otherwise requires:

1. Dating relationship means frequent, intimateassociations primarily characterized by the expectation of affectional orsexual involvement. The term does not include a casual relationship or anordinary association between persons in a business or social context.

2. Division means the Division of Child and FamilyServices of the Department of Health and Human Services.

3. Domestic violence means:

(a) The attempt to cause or the causing of bodilyinjury to a family or household member or the placing of the member in fear ofimminent physical harm by threat of force.

(b) Any of the following acts committed by a personagainst a family or household member, a person with whom he had or is having adating relationship or with whom he has a child in common, or upon his minorchild or a minor child of that person:

(1) A battery.

(2) An assault.

(3) Compelling the other by force or threat offorce to perform an act from which he has the right to refrain or to refrainfrom an act which he has the right to perform.

(4) A sexual assault.

(5) A knowing, purposeful or reckless course ofconduct intended to harass the other. Such conduct may include, withoutlimitation:

(I) Stalking.

(II) Arson.

(III) Trespassing.

(IV) Larceny.

(V) Destruction of private property.

(VI) Carrying a concealed weapon without apermit.

(6) False imprisonment.

(7) Unlawful entry of the others residence, orforcible entry against the others will if there is a reasonably foreseeablerisk of harm to the other from the entry.

4. Family or household member means a spouse, aformer spouse, a parent or other adult person who is related by blood ormarriage or is or was actually residing with the person committing the act ofdomestic violence.

5. Participant means an adult, child or incompetentperson for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

6. Victim of domestic violence includes thedependent children of the victim.

7. Victim of sexual assault means a person who hasbeen sexually assaulted as defined in NRS200.366 or a person upon whom a sexual assault has been attempted.

8. Victim of stalking means a person who is a victimof the crime of stalking or aggravated stalking as set forth in NRS 200.575.

(Added to NRS by 1981, 379; A 1983, 909; 1993, 551;1995, 904; 1997, 1330, 1818, 3363; 1999, 669; 2001, 692; 2005, 95)

NRS 217.410 Allocationof money to organizations specifically created to assist victims of sexualassault. In a county whose population is400,000 or more, the Administrator of the Division shall allocate 15 percent ofall money granted to organizations in the county from the Account for Aid forVictims of Domestic Violence to an organization in the county which has beenspecifically created to assist victims of sexual assault. The Administrator ofthe Division has the final authority in determining whether an organization mayreceive money pursuant to this section. Any organization which receives moneypursuant to this section shall furnish reports to the Administrator of theDivision as required by NRS 217.460. Tobe eligible for this money, the organization must receive at least 15 percentof its money from sources other than the Federal Government, the State, anylocal government or other public body or their instrumentalities. Any goods orservices which are contributed to the organization may be assigned theirreasonable monetary value for the purpose of complying with this requirement.

(Added to NRS by 1981, 379; A 1983, 1963; 1985, 872;1989, 1910; 2001, 693)

NRS 217.420 Grantsfrom Account for Aid for Victims of Domestic Violence: Eligibility. To be eligible for a grant from the Account for Aid forVictims of Domestic Violence, an applicant must:

1. Be a nonprofit corporation, incorporated orqualified in this state.

2. Be governed by a board of trustees which reflectsthe racial, ethnic, economic and social composition of the county to be servedand includes at least one trustee who has been a victim of domestic violence.

3. Receive at least 15 percent of its money fromsources other than the Federal Government, the State, any local government orother public body or their instrumentalities. Any goods or services which arecontributed to the organization may be assigned their reasonable monetary valuefor the purpose of complying with the requirement of this subsection.

4. Provide its services exclusively for victims ofdomestic violence and only within this state.

5. Require its employees and volunteer assistants tomaintain the confidentiality of any information which would identify personsreceiving the services.

6. Provide its services without any discrimination onthe basis of race, religion, color, age, sex, marital status, national originor ancestry.

7. Be able to provide:

(a) Except in counties whose population is less than100,000, shelter to victims on any day, at any hour.

(b) A telephone service capable of receiving emergencycalls on any day, at any hour.

(c) Except in counties whose population is less than100,000, facilities where food can be stored and prepared.

(d) Counseling, or make referrals for counseling, forvictims or spouses of victims and their children.

(e) Assistance to victims in obtaining legal, medical,psychological or vocational help.

(f) Education and training for members of the communityon matters which relate to domestic violence.

(Added to NRS by 1981, 380; A 1983, 909; 1999, 118)

NRS 217.440 Accountfor Aid for Victims of Domestic Violence: Creation; administration; applicationfor grant.

1. An Account for Aid for Victims of Domestic Violenceis hereby created in the State General Fund. The Account must be administeredby the Administrator of the Division.

2. Any nonprofit organization in the State which isable to meet the requirements specified in subsection 7 of NRS 217.420 may apply for a grant from theAccount for Aid for Victims of Domestic Violence.

3. An application for a grant must be received by theDivision before April 1 preceding the fiscal year for which the grant issought.

(Added to NRS by 1981, 381; A 1983, 910)

NRS 217.445 Expenditureof grant must be approved by Division. Noorganization in a county whose population is less than 100,000 which receives agrant from the Account for Aid for Victims of Domestic Violence may expend thatmoney until its budget for using the money is approved by the Division.

(Added to NRS by 1983, 909)

NRS 217.450 Procedurefor award of grants; formula.

1. The Commission on Mental Health and DevelopmentalServices shall advise the Administrator of the Division concerning the award ofgrants from the Account for Aid for Victims of Domestic Violence.

2. The Administrator of the Division shall givepriority to those applications for grants from the Account for Aid for Victimsof Domestic Violence submitted by organizations which offer the broadest rangeof services for the least cost within one or more counties. The Administratorshall not approve the use of money from a grant to acquire any buildings.

3. The Administrator of the Division has the finalauthority to approve or deny an application for a grant. The Administratorshall notify each applicant in writing of the action taken on its applicationwithin 45 days after the deadline for filing the application.

4. In determining the amount of money to be allocatedfor grants, the Administrator of the Division shall use the following formula:

(a) A basic allocation of $7,000 must be made for eachcounty whose population is less than 100,000. For counties whose population is100,000 or more, the basic allocation is $35,000. These allocations must beincreased or decreased for each fiscal year ending after June 30, 1990, by thesame percentage that the amount deposited in the account during the precedingfiscal year, pursuant to NRS 122.060, isgreater or less than the sum of $791,000.

(b) Any additional revenue available in the accountmust be allocated to grants, on a per capita basis, for all counties whosepopulation is 20,000 or more.

(c) Money remaining in the account after disbursementof grants does not revert and may be awarded in a subsequent year.

(Added to NRS by 1981, 381; A 1983, 911; 1985, 2275;1989, 892, 1911; 1993, 551; 1999, 109, 119; 2001, 56, 1960)

NRS 217.460 Reportsfrom recipients of grants; report from Administrator of Division toLegislature.

1. Each organization which has received a grant forassistance to victims of domestic violence shall furnish quarterly and annualfinancial reports to the Administrator of the Division in a manner which theAdministrator may prescribe.

2. The Administrator shall review the reports from theorganizations, compile the information contained in them about the individualprograms for assistance to victims of domestic violence, conduct a financialreview of all expenditures, and make a comprehensive report biennially to theLegislature, including an evaluation of the effectiveness of the respectiveorganizations in aiding victims of domestic violence.

(Added to NRS by 1981, 381; A 1983, 911)

NRS 217.462 Fictitiousaddress for victim of domestic violence, sexual assault or stalking:Eligibility; application to Secretary of State; penalty for providing falseinformation.

1. An adult person, a parent or guardian acting onbehalf of a child, or a guardian acting on behalf of an incompetent person mayapply to the Secretary of State to have a fictitious address designated by theSecretary of State serve as the address of the adult, child or incompetentperson.

2. An application for the issuance of a fictitiousaddress must include:

(a) Specific evidence showing that the adult, child orincompetent person has been a victim of domestic violence, sexual assault orstalking before the filing of the application;

(b) The address that is requested to be keptconfidential;

(c) A telephone number at which the Secretary of Statemay contact the applicant;

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

(1) Register to vote; or

(2) Change the address of his currentregistration;

(e) A designation of the Secretary of State as agentfor the adult, child or incompetent person for the purposes of:

(1) Service of process; and

(2) Receipt of mail;

(f) The signature of the applicant;

(g) The date on which the applicant signed theapplication; and

(h) Any other information required by the Secretary ofState.

3. It is unlawful for a person knowingly to attestfalsely or provide incorrect information in the application. A person whoviolates this subsection is guilty of a misdemeanor.

4. The Secretary of State shall approve an applicationif it is accompanied by specific evidence, such as a copy of an applicablerecord of conviction, a temporary restraining order or other protective order,that the adult, child or incompetent person has been a victim of domesticviolence, sexual assault or stalking before the filing of the application.

5. The Secretary of State shall approve or disapprovean application for a fictitious address within 5 business days after theapplication is filed.

(Added to NRS by 1997, 1329; A 2001, 693; 2005, 96)

NRS 217.464 Fictitiousaddress for victim of domestic violence, sexual assault or stalking:Designation of fictitious address; forwarding of mail; disclosure ofconfidential address by Secretary of State; notification of school that pupil,parent or legal guardian is participant.

1. If the Secretary of State approves an application,he shall:

(a) Designate a fictitious address for the participant;and

(b) Forward mail that he receives for a participant tothe participant.

2. The Secretary of State shall not make any recordscontaining the name, confidential address or fictitious address of aparticipant available for inspection or copying, unless:

(a) The address is requested by a law enforcementagency, in which case the Secretary of State shall make the address availableto the law enforcement agency; or

(b) He is directed to do so by lawful order of a courtof competent jurisdiction, in which case the Secretary of State shall make theaddress available to the person identified in the order.

3. If a pupil is attending or wishes to attend apublic school that is located outside the zone of attendance as authorized byparagraph (b) of subsection 2 of NRS 388.040or a public school that is located in a school district other than the schooldistrict in which the pupil resides as authorized by NRS 392.016, the Secretary of State shall,upon request of the public school that the pupil is attending or wishes toattend, inform the public school of whether the pupil is a participant andwhether the parent or legal guardian with whom the pupil resides is aparticipant. The Secretary of State shall not provide any other informationconcerning the pupil or the parent or legal guardian of the pupil to the publicschool.

(Added to NRS by 1997, 1330; A 2001, 694; 2005, 97)

NRS 217.466 Fictitiousaddress for victim of domestic violence, sexual assault or stalking: Form forparticipant to register to vote or change address of registration. If a participant indicates to the Secretary of State thatthe participant wishes to register to vote or change the address of his currentregistration, the Secretary of State shall furnish the participant with theform developed by the Secretary of State pursuant to the provisions of NRS 293.5002.

(Added to NRS by 1997, 1330)

NRS 217.468 Fictitiousaddress for victim of domestic violence, sexual assault or stalking:Cancellation.

1. Except as otherwise provided in subsections 2 and3, the Secretary of State shall cancel the fictitious address of a participant4 years after the date on which the Secretary of State approved theapplication.

2. The Secretary of State shall not cancel thefictitious address of a participant if, before the fictitious address of theparticipant is cancelled, the participant shows to the satisfaction of theSecretary of State that the participant remains in imminent danger of becominga victim of domestic violence, sexual assault or stalking.

3. The Secretary of State may cancel the fictitiousaddress of a participant at any time if:

(a) The participant changes his confidential addressfrom the one listed in the application and fails to notify the Secretary ofState within 48 hours after the change of address; or

(b) The Secretary of State determines that false orincorrect information was knowingly provided in the application.

(Added to NRS by 1997, 1330; A 2001, 694; 2005, 98)

NRS 217.471 Fictitiousaddress for victim of domestic violence, sexual assault or stalking: Adoptionof procedures by Secretary of State. TheSecretary of State shall adopt procedures to carry out the provisions of NRS 217.462 to 217.471, inclusive.

(Added to NRS by 1997, 1330)

NRS 217.475 Teamto review death of victim of domestic violence.

1. A court or an agency of a local government mayorganize or sponsor one or more multidisciplinary teams to review the death ofthe victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

2. If a multidisciplinary team is organized orsponsored pursuant to subsection 1, the court or agency shall review the deathof a victim upon receiving a written request from a person related to thevictim within the third degree of consanguinity, if the request is received bythe court or agency within 1 year after the date of death of the victim.

3. Members of a team that is organized or sponsoredpursuant to subsection 1 serve at the pleasure of the court or agency thatorganizes or sponsors the team and must include, without limitation,representatives of organizations concerned with law enforcement, issues relatedto physical or mental health, or the prevention of domestic violence andassistance to victims of domestic violence.

4. Each organization represented on such a team mayshare with other members of the team information in its possession concerningthe victim who is the subject of the review or any person who was in contactwith the victim and any other information deemed by the organization to bepertinent to the review. Any information shared by an organization with othermembers of a team is confidential.

5. A team organized pursuant to this section may, uponrequest, provide a report concerning its review to a person related to thevictim within the third degree of consanguinity.

6. Before establishing a team to review the death of avictim pursuant to this section, a court or an agency shall adopt a writtenprotocol describing its objectives and the structure of the team.

7. A team organized pursuant to this section may, ifappropriate, meet with a multidisciplinary team to review the death of a childorganized pursuant to NRS 432B.405.

8. Each member of a team organized pursuant to thissection is immune from civil or criminal liability for an activity related tothe review of the death of a victim.

9. The results of the review of the death of a victimpursuant to this section are not admissible in any civil action or proceeding.

(Added to NRS by 1997, 3363)

ASSISTANCE TO VICTIMS OF SEXUAL ABUSE

NRS 217.480 Countyto provide for counseling of victims and certain relatives upon request.

1. The board of county commissioners of each countyshall provide by ordinance for the counseling of victims of sexual abuse andany relatives living with the victims. A relative is not eligible to receivecounseling if he committed the sexual abuse for which counseling is sought. Thecounseling may be provided only upon request by the victim or eligiblerelative.

2. As used in this section, sexual abuse has themeaning ascribed to it in NRS 432B.100.

(Added to NRS by 1985, 2099)

 

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