AB 336 — Establishes provisions relating to certain victims of crime. (BDR 16-46)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2019) FIRST REPRINT A.B.

336336–Assemblyman ASSEMBLYFlores BILLCHAPTER.......... NO .

336–ASSEMBLYMAN FLORES M ARCH 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions relating to certain victims of crime.

(BDR 16-46) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing federal law establishes the U nonimmigrant status, or U visa, to provide temporary immigration benefits for victims of certain crimes who have suffered mental or physical abuse and who are helpful to law enforcement in the investigation or prosecution of criminal activity.

Existing federal law requires the petitioner of a U visa to submit several documents, including a Form I-918, Supplement B, U Nonimmigrant Status Certification.

Existing federal law918,law authorizes a certifying official to complete and sign the petitioner’s Form I-918, Supplement B, if the official determines that the petitioner was the victim of certain criminal activity and that the victim was helpful, is being helpful or is likely to be helpful to the investigation or prosecution of criminal activity.

If aaa a certifying agency receives such a request, section 8 requires the certifying agency to determine whether the petitioner was the victim of applicable criminal activity and was helpful, is being helpful or is likely to be helpful to the investigation or prosecution of that criminal activity.

and (2) include specific details concerning the nature of the criminal activity and theSection 8 also provides a rebuttable presumption of the petitioner’shelpfulness helpfulness, unless the petitioner refused or failed to aid law enforcement in the investigation or prosecution of the criminalpetitioner. activity.

Further,Section when determining whether the petitioner meets the requirements of the Form I-918, Supplement B, section 8 prohibitsalso provides a certifyingrebuttable agencypresumption from considering the period of time between when the -petitioner’s *AB336_R1*helpfulness, –unless 2 – petitioner was victimized by the criminal activity and when the petitioner requestedrefused certification or whetherfailed thereto isaid anlaw activeenforcement criminalin investigation, the filinginvestigation of charges or a prosecution or conviction of the criminal activity.

SectionFurther, 9when ofdetermining thiswhether billthe requiresprohibits a certifying agency tofrom processconsidering the certificationperiod of request,time unlessbetween when the petitioner iswas 20victimized yearsby ofthe agecriminal oractivity inand when the processpetitioner ofrequested beingcertification deported,or inwhether whichthere caseis an active criminal investigation, the requestfiling mustof becharges processedor withina 14prosecution days.or conviction of the criminal activity.

Section 109 of this bill prohibitsrequires a certifying agency fromto withdrawingprocess the certification of the Form I-918, Supplement B, within 90 days after the date of the petitioner’s request, unless the petitioner refusesis or20 failsyears toof assistage aor lawin enforcementthe agencyprocess of being deported, in which case the prosecutionrequest ormust investigationbe ofprocessed thewithin criminal14 activity.days.

Section 10 alsoof this bill prohibits a certifying agency from disclosingwithdrawing the becausecertification of federalthe lawForm orI-918, aSupplement courtB, orderunless or the petitioner consents,refuses inor writing,fails tocriminal suchactivity. a disclosure.

Section 10 also prohibits a certifying agency from disclosing the immigration status of a petitioner unless the certifying agency is required to do so because of federal law or a court order or the petitioner consents, in writing, to such a disclosure.

Section 10 also requires certifying agencies to develop a protocol to help petitioners who have a limited proficiency in the English language or who are deaf, requireshard eachof certifyinghearing agencyor thatspeech receivesimpaired ain request for certification to submit an annual report to the Legislature concerning certain statistics related to the certification process.

THESection PEOPLE10 OFalso THE- STATE80th OFSession NEVADA,(2019) REPRESENTED– IN2 SENATE– ANDannual ASSEMBLY,report DOto ENACTthe ASLegislature FOLLOWS:concerning certain statistics related to thesubmit an certification process.

SectionEXPLANATION 1.– Matter in bolded italics is new;

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

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

- *AB336_R1* – 3 – Sec.

If a certifying agency determines that a petitioner satisfies the requirements of subsection 1, the certifying official shall - 80th Session (2019) – 3 – complete and sign the certification.

and (b) The helpfulness of a petitioner or the likeliness that a petitioner will be helpful in the investigation or prosecution of that criminal activity.

A certifying agency shall process a request for a certification within 90 days after the date of the request pursuant to section 8 of this act, unless the petitioner is 20 years of age or a party to a federal immigration proceeding for his or her removal, - *AB336_R1* – 4 – in which case the certifying agency shall process the certification within 14 days after the date of the request.

- 80th Session (2019) – 4 – (b) Who are deaf, hard of hearing or speech impaired.

On or before January 1 of each year, each certifying agency that receives a request for a certification pursuant to section 8 of this act shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth:

Counsel Bureau for transmittal to the Legislature that (a) The number of such requests received by the certifying agency;

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