A.B. 329
- *AB329*
ASSEMBLY BILL NO. 329–ASSEMBLYMEMBER ROTH
MARCH 3, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to victims of crime.
(BDR 16-1050)
FISCAL NOTE: Effect on Local Government: No.
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; revising certain requirements
for receiving compensation from the Fund for the
Compensation of Victims of Crime; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes certain victims of crime to apply for and receive 1
payment of compensation from the Fund for the Compensation of Victims of Crime 2
under certain circumstances. (NRS 217.010-217.270) Existing law generally 3
requires an application for compensation from the Fund to be filed not later than 24 4
months after the injury or death for which compensation is claimed, or not later 5
than 60 months after the injury or death for which compensation is claimed if the 6
applicant is a victim of sex trafficking or facilitating sex trafficking. (NRS 217.100) 7
This bill makes various changes to require all applications for compensation from 8
the Fund to be filed not later than 60 months after the injury or death for which 9
compensation is claimed. 10
Existing law authorizes the Director of the Department of Health and Human 11
Services to waive the limitation on the time for filing an application for 12
compensation from the Fund for good cause shown if the injury or death for which 13
compensation is claimed was the result of an incident or offense that was reported 14
to the police within 5 days of its occurrence or within 5 days of the time when a 15
report could reasonably have been made. (NRS 217.100) This bill removes the 16
condition that to be eligible for the waiver, the incident or offense that caused the 17
injury or death for which compensation is claimed be reported to the police, thereby 18
authorizing the Director to waive the limitation on the time for filing an application 19
for any good cause shown. 20
Existing law requires an application for compensation from the Fund to be 21
accompanied by certain medical records that document the injury for which 22
compensation is claimed. (NRS 217.100) This bill expands the types of documents 23
that the applicant may provide to evidence the injury for which compensation is 24
claimed. 25
– 2 –
- *AB329*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.100 is hereby amended to read as follows: 1
217.100 1. Except as otherwise provided in subsection 5, any 2
person eligible for compensation under the provisions of NRS 3
217.010 to 217.270, inclusive, may apply to the Director for such 4
compensation not later than [24 months after the injury or death for 5
which compensation is claimed or, for a person who is a victim of 6
sex trafficking or facilitating sex trafficking, not later than] 60 7
months after the injury or death for which compensation is claimed, 8
unless waived by the Director or a person designated by the Director 9
for good cause shown . [, and the personal injury or death was the 10
result of an incident or offense that was reported to the police within 11
5 days of its occurrence or, if the incident or offense could not 12
reasonably have been reported within that period, within 5 days of 13
the time when a report could reasonably have been made.] 14
2. An order for the payment of compensation must not be made 15
unless the application is made within the time set forth in 16
subsection 1. 17
3. Where the person entitled to make application is: 18
(a) A minor, the application may be made on his or her behalf 19
by a parent or guardian. 20
(b) Mentally incapacitated, the application may be made on his 21
or her behalf by a parent, guardian or other person authorized to 22
administer his or her estate. 23
4. The applicant must submit with his or her application [the] 24
documentary evidence of the injury or death for which the 25
applicant claims compensation, which may include, without 26
limitation: 27
(a) The reports, if reasonably available, from all physicians 28
who, at the time of or subsequent to the victim’s injury or death, 29
treated or examined the victim in relation to the injury for which 30
compensation is claimed [.] ; 31
(b) A police report, investigative report or complaint which the 32
victim filed with a law enforcement agency; 33
(c) A copy of an order for protection; 34
(d) A transcript of testimony given under oath or affirmation 35
in a civil or criminal proceeding; 36
(e) A record of a governmental entity; 37
(f) A record of a communication; 38
(g) A record from an organization which provides services to 39
victims of crime; 40
(h) An affidavit of a qualified third party; or 41
– 3 –
- *AB329*
(i) Other documentary evidence deemed sufficient by the 1
Director. 2
5. The limitations upon payment of compensation established 3
in subsection 1 do not apply to a minor who is sexually abused or 4
who is involved in the production of pornography. Such a minor 5
must apply for compensation before reaching 21 years of age. 6
6. As used in this section [: 7
(a) “Facilitating sex trafficking” means a violation of 8
NRS 201.301. 9
(b) “Sex trafficking” means a violation of subsection 2 of NRS 10
201.300.] , “qualified third party” means: 11
(a) A physician licensed to practice in this State; 12
(b) A psychiatrist licensed to practice medicine in this State 13
and certified by the American Board of Psychiatry and Neurology, 14
Inc. or the American Osteopathic Board of Neurology and 15
Psychiatry of the American Osteopathic Association; 16
(c) A psychologist licensed to practice in this State; 17
(d) A social worker licensed to practice in this State; 18
(e) A registered nurse holding a master’s degree in the field of 19
psychiatric nursing and licensed to practice professional nursing 20
in this State; 21
(f) A marriage and family therapist or clinical professional 22
counselor licensed to practice in this State pursuant to chapter 23
641A of NRS; 24
(g) A victim’s advocate as defined in NRS 49.2545; or 25
(h) Any member of the clergy of a church or religious society 26
or denomination that is recognized as exempt under section 27
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 28
501(c)(3), who has been chosen, elected or appointed in 29
conformity with the constitution, canons, rites, regulations or 30
discipline of the church or religious society or denomination and 31
who is a resident of this State. 32
H