(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 87
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SENATE BILL NO. 87–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON JUDICIARY)
PREFILED JANUARY 7, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to forensic medical
examinations. (BDR 16-498)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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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 forensic medical examinations; eliminating the
authority of a compensation officer appointed by the
Director of the Department of Health and Human Services
to order the payment of compensation to reimburse a
county for the costs of certain forensic medical
examinations; requiring the State to pay, with certain
limitations, the costs of a forensic medical examination of
a victim of a sexual assault or domestic violence battery
by strangulation; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires a county in whose jurisdiction a sexual assault is 1
committed to pay any costs incurred by a hospital for the forensic medical 2
examination of the victim; and (2) authorizes a compensation officer appointed by 3
the Director of the Department of Health and Human Services to order the payment 4
of compensation to reimburse a county for the costs of the forensic medical 5
examination. (NRS 217.160, 217.300) Section 2 of this bill instead requires the 6
State to pay, with certain limitations, the costs for such a forensic medical 7
examination. Section 1 of this bill eliminates the authority of a compensation 8
officer to order the payment of compensation to reimburse a county for the costs of 9
such a forensic medical examination. 10
Existing law requires a county in whose jurisdiction a domestic violence battery 11
by strangulation is committed to pay any costs incurred by a hospital for a 12
strangulation forensic medical examination of the victim. (NRS 217.405) Section 3 13
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of this bill instead requires the State to pay, with certain limitations, the costs for 14
such a forensic medical examination. 15
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.160 is hereby amended to read as follows: 1
217.160 1. The compensation officer may order the payment 2
of compensation: 3
(a) To or for the benefit of the victim. 4
(b) If the victim has suffered personal injury, to any person 5
responsible for the maintenance of the victim who has suffered 6
pecuniary loss or incurred expenses as a result of the injury. 7
(c) If the victim dies, to or for the benefit of any one or more of 8
the dependents of the victim. 9
(d) To a minor who is a member of the household or immediate 10
family of a victim of a battery which constitutes domestic violence 11
pursuant to NRS 33.018 who needs an assessment, a psychological 12
evaluation or psychological counseling for emotional trauma 13
suffered by the minor as a result of the battery. 14
(e) To a member of the victim’s household or immediate family 15
for psychological counseling for emotional trauma suffered by the 16
member as a result of the crime of murder as defined in 17
NRS 200.010. 18
[(f) To a county in whose jurisdiction a sexual assault was 19
committed for the reimbursement of costs associated with a forensic 20
medical examination of a victim of sexual assault that are paid by 21
the county pursuant to NRS 217.300. A county may be reimbursed 22
pursuant to this paragraph in an amount equal to the cost of 10 23
forensic medical examinations or $10,000, whichever is less, each 24
fiscal year.] 25
2. As used in this section: 26
(a) “Battery” has the meaning ascribed to it in paragraph (a) of 27
subsection 1 of NRS 200.481. 28
(b) [“Forensic medical examination” has the meaning ascribed 29
to it in NRS 217.300. 30
(c)] “Household” means an association of persons who live in 31
the same home or dwelling and who: 32
(1) Have significant personal ties to the victim; or 33
(2) Are related by blood, adoption or marriage, within the 34
first degree of consanguinity or affinity. 35
[(d)] (c) “Immediate family” means persons who are related by 36
blood, adoption or marriage, within the first degree of consanguinity 37
or affinity. 38
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[(e) “Victim of sexual assault” has the meaning ascribed to it in 1
NRS 217.280.] 2
Sec. 2. NRS 217.300 is hereby amended to read as follows: 3
217.300 1. The county in whose jurisdiction a sexual assault 4
is committed shall [: 5
(a) Pay] pay any costs incurred for medical care for any physical 6
injuries resulting from the sexual assault which is provided to the 7
victim not later than 72 hours after the victim first arrives for 8
treatment. 9
[(b) Pay] 10
2. Except as otherwise provided in subsection 4, the State 11
shall pay any costs incurred by a [hospital] medical facility for the 12
forensic medical examination of the victim. 13
[2.] 3. Any costs incurred pursuant to subsection 1: 14
(a) Must not be charged directly to the victim of sexual assault. 15
(b) Must be charged to the county in whose jurisdiction the 16
offense was committed. 17
[3.] 4. Any costs incurred pursuant to subsection 2: 18
(a) Must not be charged directly to the victim of sexual assault. 19
(b) To the extent of legislative appropriation and except as 20
otherwise limited pursuant to this paragraph, must be charged to 21
and paid by the State. The State shall not pay more than $1,000 22
for each forensic medical examination. After the State has paid 23
any costs for a forensic medical examination in accordance with 24
the provisions of this paragraph, the county in whose jurisdiction 25
the offense was committed shall pay any remaining costs. 26
5. The filing of a report with the appropriate law enforcement 27
agency must not be a prerequisite to qualify for a forensic medical 28
examination pursuant to this section. 29
[4.] 6. The costs associated with a forensic medical 30
examination must not be included in the costs for medical treatment 31
pursuant to NRS 217.310. 32
[5.] 7. Nothing in this section shall be construed to prohibit 33
the use of evidence during the investigation or prosecution of a 34
person for sexual assault which was obtained from a forensic 35
medical examination that was paid for by a nongovernmental, 36
nonprofit organization directly or through a grant to a 37
governmental agency. 38
8. As used in this section [, “forensic] : 39
(a) “Forensic medical examination” means an examination by a 40
health care provider to obtain evidence from a victim of sexual 41
assault. 42
(b) “Medical facility” means any medical facility at which a 43
forensic medical examination of a victim is performed. 44
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Sec. 3. NRS 217.405 is hereby amended to read as follows: 1
217.405 1. [The county in whose jurisdiction a domestic 2
violence battery by strangulation is committed] Except as otherwise 3
provided in subsection 2, the State shall pay any costs incurred by a 4
[hospital] medical facility for a strangulation forensic medical 5
examination of the victim. 6
2. Any costs incurred pursuant to subsection 1: 7
(a) Must not be charged directly to the victim. 8
(b) [Must] To the extent of legislative appropriation and except 9
as otherwise limited pursuant to this paragraph, must be charged 10
to [the county in whose jurisdiction the offense was committed.] 11
and paid by the State. The State shall not pay more than $1,500 12
for each strangulation forensic medical examination. After the 13
State has paid any costs for a strangulation forensic medical 14
examination in accordance with the provisions of this paragraph, 15
the county in whose jurisdiction the offense was committed shall 16
pay any remaining costs. 17
3. [A county which pays costs related to a strangulation 18
forensic medical examination pursuant to subsection 1 may, to the 19
extent that money is available for that purpose from legislative 20
appropriation, receive reimbursement from the State. 21
4.] The filing of a report with the appropriate law enforcement 22
agency must not be a prerequisite to qualify for a strangulation 23
forensic medical examination pursuant to this section. 24
[5.] 4. Nothing in this section shall be construed to prohibit the 25
use of evidence during the investigation or prosecution of a person 26
for domestic violence battery by strangulation which was obtained 27
from a strangulation forensic medical examination [during the 28
investigation or prosecution of a person for domestic violence 29
battery by strangulation. 30
6.] that was paid for by a nongovernmental, nonprofit 31
organization directly or through a grant to a governmental 32
agency. 33
5. As used in this section: 34
(a) “Domestic violence battery by strangulation” means a 35
battery which constitutes domestic violence pursuant to NRS 33.018 36
that is committed by strangulation as described in NRS 200.481. 37
(b) “Medical facility” means any medical facility at which a 38
strangulation forensic medical examination of a victim is 39
performed. 40
(c) “Strangulation forensic medical examination” means an 41
examination conducted by a health care provider for the purpose of 42
assessing the health care needs of a victim of a domestic violence 43
battery by strangulation and coordinating the treatment of any 44
injuries of the victim. 45
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Sec. 4. This act becomes effective on July 1, 2025. 1
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