AB 176 — Enacts the Sexual Assault Survivors' Bill of Rights. (BDR 14-87)

-13.5.bed“Sexual *AB176_R3*assault –victims’ 4advocate” –means Sec.a victims’ advocate or other trained person who is employed or volunteers at an established center for the support of survivors.

13.5.

“Sexual assault victims’ advocate” means a victims’ advocate or other trained person who is employed or volunteers at an established center for the support of survivors.

- 80th Session (2019) – 4 – Sec.

(b) Agrees to speak to a law enforcement official or prosecutor;

orto speak to a law enforcement official or (c) Consents to a forensic medical examination.

assaultSec. victims’ advocate during:the right to consult with a sexual (a) Any forensic medical examination;

and17. 2.) Except as otherwise provided in subsection 3, a survivorr.

has1. the right to designate an attendant to provide support during:

A survivor has the right to consult with a sexual assault victims’ advocate during:

2.

Except as otherwise provided in subsection 3, a survivor has the right to designate an attendant to provide support during:

(a) Any forensic medical examination;

and (b) Any interview by a law enforcement official or prosecutor.

and (b) Determines, in his or her good faith, that the presence of the attendant would be detrimental to the purpose of the interview.

A survivor retains the rights pursuant to section 17 of this act even if the survivor has waived such rights during a previous examination or interview.

- *AB176_R3* – 5 – 2.

If a survivor requests a consultation with a sexual assault victims’ advocate or an attendant to provide support to the survivor pursuant to section 17 of this act, the medical provider shall summon the sexual assault victims’ advocate or - 80th Session (2019) – 5 – attendant before the commencement of the forensic medical examination.

4.the right to use a shower apparatus at no cost, unless a facility which includes a shower apparatus is not available.

After the forensic medical examination, the survivor has the right to use a shower apparatus at no cost, unless a facility which includes a shower apparatus is not available.

Before a medical provider commences a forensic medical examination, the medical provider shall inform the survivor of his or her rights pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law by presenting a document developed by the Office of the Attorney General pursuant to section 27 of this act.

developed6. by the Office of the Attorney General pursuant tot section 27 of this act shall sign a written acknowledgment indicating that the person presented the document to the survivor.

The person who presents to the survivor the document developed by the Office of the Attorney General pursuant to section 27 of this act shall sign a written acknowledgment indicating that the person presented the document to the survivor.

If a survivor exercises his or her right to consult with a sexual assault victims’ advocate during an interview pursuant to section 17 of this act, the law enforcement official or prosecutor conducting the interview, as applicable, shall summon the sexual assault victims’ advocate before the commencement of thesummoned interview,in unlessa notimely sexualmanner.ual assault victims’ advocate can be summoned2. in a timely manner.

2.

- *AB176_R3* – 6 – 3.

- 80th Session (2019) – 6 – 4.

Any information conveyed by the law enforcement official or prosecutor pursuant to subsection 5 must be conveyed to the survivor by presenting a document developed by the Office of the Attorney General pursuant to section 27 of this act.act.ffice of the 7.

7.

presentSec. during any forensic medical examination, interview,sel investigation or other interaction with any representative of the sections 16 to 20, inclusive, of this act.is State pursuant to 2.

21.

1.

A survivor retains the right to have counsel present during any forensic medical examination, interview, investigation or other interaction with any representative of the legal or criminal justice system within this State pursuant to sections 16 to 20, inclusive, of this act.

2.

A survivor has the right to prompt genetic markerto analysisNRS of200.3786.of a sexual assault forensic evidence kit pursuant to2. NRS 200.3786.

2.

Biological evidence, including, without limitation, a sexual assault forensic evidence kit, secured in connection with the investigation or prosecution of a criminal case must be preserved - *AB176_R3* – 7 – and stored in accordance with the provisions of this subsection and NRS 176.0912.

- 80th Session (2019) – 7 – (a) If the sexual assault forensic evidence kit is associated with an uncharged or unsolved sexual assault, at least 50 years.

5.timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.

A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.

Whether the analysis yielded the DNA profile of the defendant or person accused or convicted of a crime against the surSec.survivor or a person already in CODIS.

Sec.

The failure of a law enforcement agency to take possession of a sexual assault forensic evidence kit pursuant to the Sexual Assault Survivors’ Bill of Rights, or the failure of the law enforcement agency to submit such evidence for genetic markerhemarker law analysis within the timeline prescribed pursuant to the Bill of Rights, does not alter:

and 2.analyze the evidence or to upload an eligible DNA profile obtained from such evidence to CODIS or the State DNA Database.

The authority of the forensic laboratory to accept and analyze the evidence or to upload an eligible DNA profile obtained from such evidence to CODIS or the State DNA Database.

Failure by a medical provider, law enforcement agency, forensic laboratory or other relevant entity to comply with the requirements of the Sexual Assault Survivors’ Bill of Rights does - *AB176_R3* – 8 – not constitute grounds for challenging the validity of a match or any information in the State DNA Database during any criminal - 80th Session (2019) – 8 – or civil proceeding, and any evidence of such a match or any information in the State DNA Database must not be excluded by a court on such grounds.

As a basis to search for further evidence of any unrelated misdemeanor or any offense related to a controlled substance that may have been committed by the survivor.survivor.controlled substance that Sec.

Sec.

(a)3. A clear statement that the survivor is not required to participate in the criminal justice system or to receive a forensic Sexual Assault Survivors’ Bill of Rights and other relevant law;e (b) Means of contacting, by telephone or Internet, nearby sexual assault victims’ advocates and centers for support for victims of sexual assault;

(c)The Informationdocument aboutmust theinclude, availabilitywithout oflimitation: temporary and extended orders of protection pursuant to NRS 200.378;

(d)(a) InstructionsA forclear requestingstatement that the resultssurvivor ofis thenot geneticrequired markerto analysisparticipate ofin the sexualcriminal assaultjustice system or to receive a forensic evidencemedical kitexamination ofin order to retain the survivor;rights provided by the Sexual Assault Survivors’ Bill of Rights and other relevant law;

(b) Means of contacting, by telephone or Internet, nearby sexual assault victims’ advocates and centers for support for victims of sexual assault;

extended orders of protection pursuant to NRS 200.378;

and (d) Instructions for requesting the results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;

Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by the survivor, furnish within 1 month, free, complete and unaltered copies of all reports of the law enforcement agency concerning the - *AB176_R3*80th Session (2019) – 9 – sexual assault, regardless of whether the report has been closed by the law enforcement agency.

3.concerning the status of sexual assault forensic evidence kitsreport annually pursuant to NRS 200.3786.

Each forensic laboratory shall submit the report concerning the status of sexual assault forensic evidence kits annually pursuant to NRS 200.3786.

(d) To be heard through a victim impact statement at any proceeding involving any plea, sentencing, postconviction decision or any other proceeding where the rights of the survivor are at iss2..issue.

A2. survivor must not be required to submit to an examination by polygraph as a prerequisite to filing an accusatory ple3.ingA court shall make reasonable efforts to provide thee system.

A survivor andmust thenot family,be friendsrequired andto witnessessubmit ofto thean survivorexamination withby polygraph as a secureprerequisite waitingto areafiling an accusatory pleading or roomparticipating thatin isany separatepart from:of the criminal justice system.

(a)3. The waiting area of the defendant and the family, friends, witnesses and attorneys of the defendant;

A court shall make reasonable efforts to provide the survivor and the family, friends and witnesses of the survivor with a s(a) The waiting area of the defendant and the family, friends, witnesses and attorneys of the defendant;

- 80th Session (2019) – 10 – (c) One member who is a law enforcement official working for a local law enforcement agency, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

- *AB176_R3* – 10 – (d) One member who is an attorney, appointed by the governing body of the State Bar of Nevada;

(2) One member who is a representative of an organization supportingsuppor(3) theOne rightsmember who is a representative of survivors;a center of support for victims of sexual assault;

(3) One member who is a representative of a center of support for victims of sexual assault;

(7) One member who is a representative of an organization that provides services, education or outreach to lesbian, gay, bisexual, transgender and questioning persons;

andesbian,and gay, (8) One member who is a nurse examiner who specializes in 3.renThe3.reThe Attorney General may appoint not more than three other persons to the Advisory Committee.

- 80th Session (2019) – 11 – 6.

- *AB176_R3* – 11 – 7.

A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for anyany9.ffiWhile officialengaged actionin takenthe bybusiness of the Advisory Committee.Committee, to the extent of legislative appropriation, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

9.

While engaged in the business of the Advisory Committee, to the extent of legislative appropriation, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(a) Whether a need exists for additional sexual assault victims’ advocates for survivors and, if such a need exists, the Advisory Committee shall, in conjunction with centers of support for victims of sexual assault, organizations for advocates of survivors and other relevant programs or organizations, create a plan for how the State can provide additional sexual assault victims’ advocates to (b)meet Whether the need exists to expand the right of a survivor to a sexual assault victims’ advocate beyond the forensic medical such a needneed, exists, the Advisory Committee shall:nterview, and ifdetermine (1) Identify the scopecost and nature of thesuch need;a plan.

(b) Whether the need exists to expand the right of a survivor to a sexual assault victims’ advocate beyond the forensic medical such a need exists, the Advisory Committee shall:nterview, and if (1) Identify the scope and nature of the need;

- 80th Session (2019) – 12 – (a) Data regarding reporting of sexual assaults, arrests relating to sexual assaults, rates of prosecutions relating to sexual assaults, access to victims’ services for survivors and any other relevant data necessary relating to sexual assaults for the deliberations and recommendations of the Advisory Committee - *AB176_R3* – 12 – and, if such data does not exist, the Advisory Committee shall encourage the creation and maintenance of such data;

and (b) Feedback from stakeholders, practitioners and leadership of state and local law enforcement agencies, victims’ services, practitioners of forensic science and health care communities to inform the development of best practices for the future, or clinical guidelines regarding the care and treatment of survivors.

(a) Prepare a report that includes the results of the assessments, developments and recommendations pursuant to this sec(b)section. Submit the report prepared to paragraph (a) to the Director of the Legislative Counsel Bureau for submission to the LegSec.

of the Legislative Counsel Bureau for submission to thehe Director Legislative Commission.

Sec.

1.mmisThe1. Attorney General may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 31 to 34, inclusive, of this act.

The Attorney General may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 31 to 34, inclusive, of this act.

- 80th Session (2019) – 13 – Sec.

and - *AB176_R3* – 13 – (c) Information from the record of registration pursuant to NRS 179D.151 regarding the defendant, if applicable.

2.or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:

If the defendant is found guilty and the court issues an order or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:

After receiving such notice, the law enforcement agency with proper jurisdiction shall take possession of the sexual assault forensic evi3.nceExcept as otherwise provided in this subsection, a law enforcement agency shall, not later than 30 days after receiving notice pursuant to subsection 1 or 2 of a sexual assault forensic evidence kit.kit, submit the sexual assault forensic evidence kit to the applicable forensic laboratory responsible for conducting a genetic marker analysis.

enforcement agency shall, not later than 30 days after receiving notice pursuant to subsection 1 or 2 of a sexual assault forensic applicable forensic laboratory responsible for conducting a genetice marker analysis.

Any law enforcement agency that submits a sexual assault forensic evidence kit to a forensic laboratory shall, immediately - 80th Session (2019) – 14 – following such a submission, notify the victim of the information contained in subsections 1, 2 and 3.

- *AB176_R3* – 14 – 7.

Upon completion of a genetic marker analysis, the forensic laboratory shall include [the] an eligible DNA profile obtained from the genetic marker analysis in the State DNA Database and CODIS.CODIS.from [3.

[3.

(1) The total number of such sexual assault forensic evidence kitseach testedsuch duringsexual theassault immediatelyforensic precedingevidence calendarkit, yearthe and,date foron eachwhich:r such(I) sexualThe assault forensic evidence kit,was theobtained datefrom ona which:forensic medical examination;

medical examination;ensic evidence was obtained from a forensic (II) The sexual assault forensic evidence kit was submitted(III)submitted Theto DNA profile obtained from the geneticforensic markerlaboratory; analysis was included in the State DNA Database and CODIS.

and (III) The DNA profile obtained from the genetic marker analysis was included in the State DNA Database and CODIS.

and - 80th Session (2019) – 15 – (II) The sexual assault forensic evidence kit was submitted to the forensic laboratory.

The Attorney General shall, pursuant to the recommendation of the Sexual Assault Kit Working Group, designate a department ororhe - *AB176_R3* – 15 – division of the Executive Department of State Government to establish the program.

(c) Allow a victim of sexual assault to anonymously track or receive , by telephone or on an Internet website, updates regarding the status and location of his or her sexual assault forensic evidence kit.kit3.

3.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 post on the Internet website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits.

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 the Internet website maintained by the department or division an report concerningmust theinclude: statewide program to track sexual assault for(a) The number of sexual assault forensic evidence kits in the program in each county.

(a) The number of sexual assault forensic evidence kits in the program in each county.

- 80th Session (2019) – 16 – (c) The number of sexual assault forensic evidence kits added to the program in each county during 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.

- *AB176_R3* – 16 – (g) The number of sexual assault forensic evidence kits in each county awaiting genetic marker analysis for more than 1 year and 6 months after forensic medical examination.

The department or division designated pursuant to subsection 1 may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.

other source of money to carry out the provisions of this 7.

follows:38.Sec.

Section38. 28 of this act is hereby amended to read as Sec.

Section 28 of this act is hereby amended to read as follows:

Sec.

Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by the survivor, furnish within 1 month, free,enfree, complete and unaltered copies of all reports of the law enforcement agency concerning the sexual assault, regardless - 80th Session (2019) – 17 – of whether the report has been closed by the law enforcement agency.

3.concerning the status of sexual assault forensic evidence kits annually pursuant to NRS 200.3786.

Each forensic laboratory shall submit the report concerning the status of sexual assault forensic evidence kits annually pursuant to NRS 200.3786.

- *AB176_R3* – 17 – Sec.

(b) Whether the need exists to expand the right of a survivor to a sexual assault victims’ advocate beyond the forensic medical examination and with a law enforcementenforcementhe official interview, and if such a need exists, the Advisory Committee shall:

(c) Whether a need exists to provide ongoing evaluation of the implementation of the rights of survivors pursuant to needthe exists,Sexual theAssault AdvisorySurvivors’ CommitteeBill shall:tsof Rights and, if such a (1)need Identifyexists, the scopeAdvisory andCommittee natureshall: of the need;

and(1) need,Identify legislativelythe orscope otherwise.nand hownature to best fill such a (d) The effectiveness of the statewideneed; program to track sexual assault forensic evidence kits pursuant to NRS 200.3788.

and (2) Make recommendations on how to best fill such a need, legislatively or otherwise.

- 80th Session (2019) – 18 – (d) The effectiveness of the statewide program to track sexual assault forensic evidence kits pursuant to NRS 200.3788.

(a) Data regarding reporting of sexual assaults, arrests relating to sexual assaults, rates of prosecutions relating to sexual assaults, access to victims’ services for survivors and any other relevant data necessary relating to sexual assaults for the deliberations and recommendations of the Advisory Committee and, if such data does not exist, the AdvisoryAdvisoryy Committee shall encourage the creation and maintenance of such data;

and (b) Feedback from stakeholders, practitioners and leadership of state and local law enforcement agencies, victims’ services, practitioners of forensic science and health care communities to inform the development of best practices - *AB176_R3* – 18 – for the future, or clinical guidelines regarding the care and treatment of survivors.

(b) Conduct confidential interviews with law enforcement officials, medical providers, sexual assault victims’ advocates and other such persons with direct knowledge of the response processpro(c) forProvide sexualrecommendations assaults.to the Advisory Committee.

(c) Provide recommendations to the Advisory Committee.

(Deleted by amendment.) GeneralSec. Fund to the Office of the Attorney General for the purpose of awarding grants of money to organizations that will use the grants advocates the following sums:to serve as sexual assault victims’ For the Fiscal Year 2019-2020..................................$150,000 For the Fiscal Year 2020-2021..................................$150,000 2.

The40.5. Office of the Attorney General may not use more than 10 percent of the money appropriated by subsection 1 to administer the grant program established by this section.

1.

There is hereby appropriated from the State General Fund to the Office of the Attorney General for the purpose of awarding grants of money to organizations that will use the grants - 80th Session (2019) – 19 – to recruit and train persons to serve as sexual assault victims’ advocates the following sums:

For the Fiscal Year 2019-2020..................................$150,000 For the Fiscal Year 2020-2021..................................$150,000 2.

The Office of the Attorney General may not use more than percent of the money appropriated by subsection 1 to administer the grant program established by this section.

Any balance of the sums appropriated by section 40.5 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General -respectively.fore *AB176_R3* – 19 – Fund on or before September 18, 2020, and September 17, 2021, respectively.Sec.

Sec.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a reqSec.requirement to submit a report to the Legislature.

Sec.

H~~~~~ 19 - *AB176_R3*80th Session (2019)