AB 216 — Revises provisions relating to domestic violence. (BDR 14-181)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B.

216 A SSEMBLY BBILL ILLNN O.

216–A216–ASSEMBLYMEMBER SSEMBLYMEMBERH HARDYARDY PREFILED FEBRUARYF EBRUARY 3, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic violence.

CONTAINS UNFUNDED MANDATE (§(§§ 2)1,2) (NOTREQUESTED(OT BAFFECTELOCALREQUESTED GOVERNMENT)AYFFECTELOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

requiring a peace officer who conducts a lethality assessment to take certain actions basedif upon the resultsassessment ofindicates that the assessment;person assessed is in a potentially high- risk lethal situation;

requiring theeach Directorlaw ofenforcement theagency Departmentto ofprescribe Publica Safetywritten toor prescribeelectronic the form onfor whichdocumenting the results of a lethality assessmentassessment; must be reported to the Department;

requiring thea Departmentpeace toofficer providewho certaininvestigates supportivean servicesact andof developdomestic certainviolence trainingto relatingsubmit tothe results of a lethality assessments;assessment to the district attorney of the jurisdiction in which the act occurred;

requiring the Administrative Office of the Courts to make the training concerning lethality assessments available to certain persons;

requiring certain written reports prepared by a peace officer who investigates an act of domestic violence to include the results of a lethality assessment;

LegislativeLegExisting Counsel’slaw Digest:requires a peace officer investigating an act of domestic violence to provide certain information to a person suspected of being a victim of an act of domestic violence.

Existing(NRS law171.1225) Section 2 of this bill requires a peace officer investigating an act of domestic violence to complete a lethality assessment form for a person suspected of being a victim of an act of domestic violence.violence if the peace officer has probable cause to believe that the person believed to have committed the act of domestic violence is:

(NRS 171.1225) Section 2 of this bill requires a peace officerof investigating an act of domestic violence to complete a lethality assessment form - *AB216* – 2 – for a person suspected of being a victim of an act of domestic violence if the peace officer has probable cause to believe that the person believed to have committed the act of domestic violence is:

(2) a person - *AB216_R1* – 2 – with whom he or she had or is having a dating relationship;

or (3) a person with completeswhom ahe lethality assessment form to submit the results of the lethalityr who assessment to the Department of Public Safety while at the scene of the investigation or asshe soonhas asa practicablechild afterin leavingcommon. the scene.

Section 1 of this bill requires a peace officer who completes a lethality assessment form to take certain actions based upon the results of the lethality assessment.

Section 1 also:also requires each law enforcement agency to prescribe ay written or electronic form on which the results of a lethality assessment conducted pursuant to section 2 must be reported.

(1)Existing law requires thea Directorpeace officer who investigates an act of domestic violence to prepare and submit to certain persons a written report of the Departmentinvestigates an act of domestic violence to prescribesubmit the results of a lethality who assessment conducted pursuant to section 2 mustto bethe submitted;district attorney of the jurisdiction in which the act occurred.

and (2) sets forth certain requirements for the form.

Finally, section 1 requires the:

(1) Department to provide certain supportive services and develop certain training relating to lethality assessments;

and (2) Administrative Office of the Courts to make the training available to certain persons who have regular and routine contact with the results of lethality assessments.

violence to prepare and submit to certain persons a written report of thetic investigation.

(NRS 171.1227) Section 3 of this bill requires a peace officer who investigates an act of domestic violence to include in the written report of the investigation the results of a lethality assessment conducted pursuant to section 2.

TheEach Directorlaw ofenforcement theagency Department shall prescribe thea written or electronic form on which the results of a lethality assessment conducted pursuant to NRS 171.1225 must be reported.

The2. form must include, without limitation, the following questions:

(a)If Has the aggressor ever used a weaponlethality againstassessment youconducted orpursuant threatened to useNRS a171.1225 weaponindicates against you? (b) Has the aggressor ever threatened to kill you or your children? (c) Do you believe that the aggressorperson willassessed tryis toin kill you? (d) Has the aggressor ever tried to choke you? (e) Does the aggressor have a gunpotentially orhigh-risk canlethal thesituation, aggressor easily get a gun? (f) Is the aggressorpeace violentlyofficer orshall: constantly jealous or does the aggressor control most of your daily activities? (g) Did you leave or separate from the aggressor after cohabitating with the aggressor or being married to the aggressor? (h) Is the aggressor unemployed? - *AB216* – 3 – (i) Has the aggressor ever attempted suicide? (j) Do you have a child in common with the aggressor that the aggressor believes is not the aggressor’s biological child? (k) Does the aggressor ever follow you, spy on you or send you threatening messages? (l) Is there anything that I have not asked about that worries you about your safety, and, if so, what worries you? 2.

A(a) peaceAdvise officerthe shallperson takethat thehe actionor describedshe is in subsectiona 3potentially if:high-risk lethal situation;

(a) A person for whom the peace officer completes a lethality assessment form responds in the affirmative to:

(1) Any of the questions set forth in paragraphs (a) to (d), inclusive, of subsection 1;

or (2) At least four of the questions set forth in paragraphs (e) to (k), inclusive, of subsection 1;

or (b) Based upon the response of the person to the question set forth in paragraph (l) of subsection 1, the peace officer believes the person is in a potentially lethal situation.

3.

Upon receiving a response to the lethality assessment described in subsection 2, the peace officer completing the form shall:

(a) Advise the person that the results of the lethality assessment indicate that he or she is in a potentially lethal situation;

3.

If a person does not or is unable to provide information to a peace officer sufficient to allow the peace officer to complete the lethality assessment form or refuses to accept a domestic violence card provided pursuant to subsection 2, the peace officer shall document this information on the lethality assessment form.

IfAs aused personin doesthis notsection, or“victim’s isadvocate” unablemeans to provide information to a peaceperson officerwho sufficienthas tocompleted allowrelevant thetraining peaceand officerwho, towith complete the lethality assessment form or refuseswithout tocompensation, acceptworks afor: domestic violence card provided pursuant to subsection 3, the peace officer shall document this information on the lethality assessment form.

5.(a) A program of a university, state college or community college within the Nevada System of Higher Education which provides assistance to victims;

The- Department*AB216_R1* shall:– 3 – (b) A program of a tribal organization which provides assistance to victims;

(a)(c) ProvideAn promptorganization analyticalwhich supportprovides toassistance a peace officer who submits the results of a lethality assessment pursuant to subsectionvictims; 1 of NRS 171.1225;