Amendment vs bill Amendment 224 vs Reprint 1

Struck = removed from the bill · added = the amendment's new text.

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EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B.
Session (83rd) A AB216 224 Amendment No.
216 A SSEMBLY BILL N O.
224 Assembly Amendment to Assembly Bill No.
216–ASSEMBLYMEMBER H ARDY PREFILED F EBRUARY 3, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic violence.
216 (BDR 14-181) Proposed by:
Assembly Committee on Judiciary Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
216 (§§ 1, 2).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
MAV/KRO - Date:
4/15/2025 A.B.
No.
216—Revises provisions relating to domestic violence.
(BDR 14-181) Page 1 of 9 *A_AB216_224* Assembly Amendment No.
224 to Assembly Bill No.
216 Page 3 A SSEMBLY BILLN O.
216–A SSEMBLYMEMBER H ARDY P REFILEDF EBRUARY 3, 2025 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic violence.
CONTAINS UNFUNDED MANDATE (§§ 1,2) (OT REQUESTED AYFFECTELOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
CONTAINS UNFUNDED MANDATE [(§ 2)] (§§ 1, 2) (NOTR EQUESTED BYA FFECTED LOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
requiring a peace officer who conducts a lethality assessment to take certain actions if the assessment indicates that the person assessed is in a potentially high- risk lethal situation;
requiring a peace officer who conducts a lethality assessment to take certain actions [based upon the results of] if the assessment [;] indicates that the person assessed is in a potentially high-risk lethal situation;
requiring each law enforcement agency to prescribe a written or electronic form for documenting the results of a lethality assessment;
requiring [the Director of the Department of Public Safety] each law enforcement agency to prescribe [the] a written or electronic form [on which] for documenting the results of a lethality assessment ;
requiring a peace officer who investigates an act of domestic violence to submit the results of a lethality assessment to the district attorney of the jurisdiction in which the act occurred;
[must be reported to the Department;
requiring the Department to provide certain supportive services and develop certain training relating to lethality assessments;
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] submit the results of a lethality assessment [;] to the district attorney of the jurisdiction in which the act occurred;
LegExisting law 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.
Legislative Counsel’s Digest:
Existing law 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.
(2) a person - *AB216_R1* – 2 – with whom he or she had or is having a dating relationship;
(2) a person with whom he or she had or is having a dating relationship;
Section 1 of this bill requires a peace officer who completes a lethality assessment.
[Section 2 also requires a peace officer Assembly Amendment No.
Section 1 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.
224 to Assembly Bill No.
Existing law requires a peace officer who investigates an act of domestic violence to prepare and submit to certain persons a written report of the investigates an act of domestic violence to submit the results of a lethality who assessment conducted pursuant to section 2 to the district attorney of the jurisdiction in which the act occurred.
216 Page 4 who completes a lethality assessment form to submit the results of the lethality assessment to practicable after leaving the scene.] at the scene of the investigation or as soon as 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 [:
(1)] requires [the Director of the Department] each law enforcement agency to prescribe [the] a written or electronic form on which the results of a lethality assessment conducted pursuant to section 2 must be [submitted;
and (2) sets forth certain requirements for the form.
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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.] reported.
prepare and submit to certain persons a written report of the 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] submit the [investigation the] results of a lethality assessment conducted pursuant to section 2 [.] to the district attorney of the jurisdiction in which the act occurred.
Each law enforcement agency shall prescribe a written or electronic form on which the results of a lethality assessment conducted pursuant to NRS 171.1225 must be reported.
[The Director of the Department] Each law enforcement agency shall prescribe [the] a written or electronic form on which the results of a lethality assessment conducted pursuant to NRS 171.1225 must be reported.
2.
[The form must include, without limitation, the following questions:
If a lethality assessment conducted pursuant to NRS 171.1225 indicates that the person assessed is in a potentially high-risk lethal situation, the peace officer shall:
(a) Has the aggressor ever used a weapon against you or threatened to use a weapon against you? (b) Has the aggressor ever threatened to kill you or your children? (c) Do you believe that the aggressor will try to kill you? (d) Has the aggressor ever tried to choke you? (e) Does the aggressor have a gun or can the aggressor easily get a gun? (f) Is the aggressor violently or 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? (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) Advise the person that he or she is in a potentially high-risk lethal situation;
[A peace officer shall take the action described in subsection 3 if:
(a) A person for whom the peace officer completes a lethality assessment form responds in the affirmative to:
Assembly Amendment No.
224 to Assembly Bill No.
216 Page 5 (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] If a lethality assessment conducted pursuant to NRS 171.1225 indicates that the person assessed is in a potentially high-risk 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 high-risk lethal situation;
3.
[4.] 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.
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 [3,] 2, the peace officer shall document this information on the lethality assessment form.
4.
[5.
As used in this section, “victim’s advocate” means a person who has completed relevant training and who, with or without compensation, works for:
The Department shall:
(a) A program of a university, state college or community college within the Nevada System of Higher Education which provides assistance to victims;
(a) Provide prompt analytical support to a peace officer who submits the results of a lethality assessment pursuant to subsection 1 of NRS 171.1225;
- *AB216_R1* – 3 – (b) A program of a tribal organization which provides assistance to victims;
(b) Create and maintain a database of information collected pursuant to paragraph (d) of subsection 1 of NRS 171.1225;
(c) An organization which provides assistance to victims;
and (c) Develop training on the lethality assessment form and protocols described in this section.
or (d) A nonprofit organization which provides assistance to victims.
6.
The Administrative Office of the Courts shall make the training developed by the Department pursuant to subsection 5 available to any person who, during the scope of his or her employment, has regular and routine contact with the results of a lethality assessment.
7.
The Director of the Department may adopt regulations as he or she deems necessary to carry out the provisions of this section.
8.] 4.
As used in this section [:
(a) “Department” means the Department of Public Safety.
(b) “Victim’s] , “victim’s advocate” means a person who has completed relevant training and who, with or without compensation, works for:
[(1)] (a) A program of a university, state college or community college within the Nevada System of Higher Education which provides assistance to victims;
[(2)] (b) A program of a tribal organization which provides assistance to victims;
[(3)] (c) An organization which provides assistance to victims;
or [(4)] (d) A nonprofit organization which provides assistance to victims.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
Assembly Amendment No.
224 to Assembly Bill No.
216 Page 6 (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
I can - *AB216_R1* – 4 – provide you with information on this procedure.
I can provide you with information on this procedure.
(II) Pay the amount of money necessary for the support of your children;
Assembly Amendment No.
224 to Assembly Bill No.
216 Page 7 (II) Pay the amount of money necessary for the support of your children;
Ask the - *AB216_R1* – 5 – clerk of the court to provide you with the forms for an order of protection.
Ask the clerk of the court to provide you with the forms for an order of protection.
(state toll- free telephone number of Statewide Program).
(state toll-free telephone number of Statewide Program).
2.
[(d) Except as otherwise provided in this paragraph, submit the results of the lethality assessment to the Department of Public Safety while at the scene of the investigation.
If a peace officer is not reasonably able to submit the results of the lethality assessment while at the scene of an investigation, the peace officer shall submit the results of the lethality assessment to the Department as soon as practicable after leaving the scene.] 2.
(2) An assault.
Assembly Amendment No.
- *AB216_R1* – 6 – (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
224 to Assembly Bill No.
216 Page 8 (2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
(c) “Lethality assessment form” means a written or electronic form prescribed by a law enforcement agency pursuant to section 1 of this act.
(c) “Lethality assessment form” means [the] a written or electronic form prescribed by [the Director of the Department of Public Safety] a law enforcement agency pursuant to section 1 of this act.
If the peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, the peace officer shall submit the results of any lethality assessment conducted pursuant to NRS 171.1225 to the district attorney of the jurisdiction in which the act occurred.
If the peace officer investigates an act that constitutes domestic violence pursuant to NRS 33.018, the peace officer shall [include in the report] submit the results of any lethality assessment conducted pursuant to NRS 171.1225 [.] to the district attorney of the jurisdiction in which the act occurred.
- *AB216_R1* – 7 – 4.
4.
The information contained in a report made pursuant to subsections 1 and 2 must be:
The information contained in a report made pursuant to subsections 1 and [,] 2 [and 3] must be:
In addition to the information required pursuant to subsections 1 and 2, the form must also require the inclusion of the following information from each report:
In addition to the information required pursuant to subsections 1 [, 2] and 2, [3,] the form must also require the inclusion of the following information from each report:
(b) The relationship of the persons involved;
Assembly Amendment No.
224 to Assembly Bill No.
216 Page 9 (b) The relationship of the persons involved;
- *AB216_R1* – 8 – 6.
6.
The likelihood of more criminal activity by the person after rel10.
The likelihood of more criminal activity by the person after release;
and 10.
H - *AB216_R1*