AB 97 — Revises provisions relating to evidence collected from and the reimbursement of payment for forensic medical examinations of victims of sexual assault. (BDR 15-538)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on June 4, 2017) SECOND REPRINT A.B.

9797–Assemblymen ASSEMBLYBenitez-Thompson Band ILLNYeager O.Joint Sponsor:

97–ASSEMBLYMENSenator BFord ENITEZ-TCHAPTER.......... HOMPSON AND YEAGER PREFILED F EBRUARY 2, 2017 ____________ JOINT SPONSOR :

ENATOR F ORD ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to evidence collected from and the reimbursement of payment for forensic medical examinations of victims of sexual assault.

(BDR 15-538) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

CONTAINS UNFUNDED MANDATE (§§ 1.3, 1.7) (NOTREQUESTED AYFFECTELOCALGOVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *AB97_R2* – 2 – Legislative Counsel’s Digest:

Section 1.3 of this bill requires a law enforcement agency to submit a sexual assault forensic evidence kit (hereinafter “SAFE kit”) to the applicable forensic laboratory responsible for conducting a genetic marker analysis not later than 30 days after receiving the SAFE kit.

The report must include certain information concerning SAFE kits received by the forensic laboratory, depending on whether a SAFE kit was received by the forensic laboratorylaboSection before1.7 Januaryof 1,this 2015,bill orrequires onthe Attorney General to designate a department or afterdivision Januaryof 1,the 2015.Executive Department of State Government to establish a statewide program to track SAFE kits.

Section 1.71.7: of this bill requires the Attorney General to designate a department or division of the Executive Department of State Government to establish a department or division to submit to the Governor and the Director of the Legislative Counsel Bureau, for transmittal to a Subcommittee of the Advisory Commission on the Administration of Justice, biannual reports concerning the program;

and(1) (2)requires authorizes the designated department or division to applysubmit forto the Governor and acceptthe anyDirector gift,of donation,the bequest,Legislative grantCounsel orBureau, otherfor sourcetransmittal to a Subcommittee of moneythe toAdvisory carryCommission outon the provisionsAdministration relatingof toJustice, biannual reports concerning the program.program;

Section 1.7 also requires each law enforcement agency, prosecutor, forensic laboratory and provider(2) ofauthorizes healththe caredesignated whodepartment performsor forensicdivision medical examinations in this State to participateapply infor the program and providesaccept immunity from civil liability to any agencygift, or- person79th whoSession participates(2017) in– the2 proExisting– lawdonation, establishesbequest, thegrant Subcommitteeor toother Reviewsource Arrestee DNA of themoney Advisory Commission on the Administration of Justice and requires the Subcommittee to evaluate,carry reviewout and submit a report to the Commissionprovisions regarding certain issues relating to arresteethe DNA.program.

Section 1.7 also requires each law enforcement agency, prosecutor, forensic laboratory and provider of health care who performs forensic medical examinations in this State to participate in the program and provides immunity from civil liability to any agency or person who participates in the program in good faith and without gross negligence.

Existing law establishes the Subcommittee to Review Arrestee DNA of the Subcommittee to evaluate, review and submit a report to the Commission regarding certain issues relating to arrestee DNA.

Existing law requires a county in whose jurisdiction a sexual assault is examinationcommitted to pay any costs incurred by a hospital for the forensic medical authorizes a compensation officer of the victimDepartment of Administration to order the sexualpayment assault.of compensation from the Fund for the Compensation of Victims of Crime to or for the benefit of victims of certain crimes or to certain other specified persons.

(NRS 217.300)217.033, Existing217.160, law217.260) alsoSection 3.3 of this bill additionally authorizes a compensation officer ofto order the Departmentpayment of Administrationcompensation to ordera county for the paymentreimbursement of compensationcosts fromassociated with conducting forensic medical examinations of victims of sexual assault that are paid by the Fundcounty, forin an amount equal to the Compensationcost of Victims10 forensic medical examinations or $10,000, whichever is less, eachSection 3.7 of Crimethis bill makes an appropriation of $3,000,000 to orthe Office of the Attorney General to be allocated pursuant to an interlocal agreement to a public entity for the benefitpurpose of victimsmaking ofpayments certainto crimesforensic orlaboratories to certainreduce otherthe specifiedbacklog persons.of sexual assault forensic evidence kits that have not been tested.

(NRSEXPLANATION 217.033,– 217.160,Matter 217.260) Section 3.3 of this bill additionally authorizes a compensation officer to order the payment of compensation to a county for the reimbursement of costs associated with conducting forensic medical examinations of victims of sexual assault that are paid by the county, in anbolded amountitalics eachis fiscalnew; year.

ofmatter 10between forensicbrackets medical[omitted examinationsmaterial] or $10,000, whichever is less,material Section 3.7 of this bill makes an appropriation of $3,000,000 to the Office of the Attorney General to be allocatedomitted. pursuant to an interlocal agreement to a public entity for the purpose of making payments to forensic laboratories to reduce the backlog of sexual assault forensic evidence kits that have not been tested.

- *AB97_R2* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

A forensic laboratory shall, not later than 120 days after receiving a sexual assault forensic evidence kit from a law - 79th Session (2017) – 3 – enforcement agency, test the sexual assault forensic evidence kit.

3.forensic evidence kit from a law enforcement agency shall, on or before January 31 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.

Each forensic laboratory that receives a sexual assault forensic evidence kit from a law enforcement agency shall, on or before January 31 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.

(II) The sexual assault forensic evidence kit was submitted to the forensic laboratory;

and -evidence *AB97_R2*kit –was 4 – (III) The DNA profile obtained from the genetic marker analysis was included in the State DNA Database and CODIS.

- 79th Session (2017) – 4 – (b) “State DNA Database” has the meaning ascribed to it in NRS 176.09119.

The Attorney General shall, pursuant to the recommendation of the Sexual Assault Kit Working Group, designate a department ororhe division of the Executive Department of State Government to establish the program.

The department or division designated pursuant to subsection 1 shall, on or before January 1 and July 1 of each year, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Subcommittee to Review DNA of the Advisory Commission on the Administration of Justice and postposthe on the Internet website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits.

- *AB97_R2* – 5 – (a) The number of sexual assault forensic evidence kits in the program in each county.

- 79th Session (2017) – 5 – (e) For this State as a whole and each county, the average and median time between a forensic medical examination and receipt of a sexual assault forensic evidence kit by a forensic laboratory for genetic marker analysis, overall and for the last 6 months.

(f) For this State as a whole and each county, the average and median time between receipt of a sexual assault forensic evidence kit by a forensic laboratory and genetic marker analysis, overall and for the last 6 months.

As used in this section, “Sexual Assault Kit Working Group” means the statewide working group led by the Office of the Attorney General to create policies and procedures to address the backlog of sexual assault forensic evidence kits that have not been tested.

- *AB97_R2* – 6 – 1.

- 79th Session (2017) – 6 – (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

[2.]offense, 5.an offense involving a pupil or sex trafficking.exual [3.] 6.

“Perpetrator” means a person who commits a sexual offense, an offense involving a pupil or sex trafficking.