Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 329–Assemblymember Roth
CHAPTER..........
AN ACT relating to victims of crime; revising certain provisions
relating to the Fund for the Compensation of Victims of
Crime; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes certain victims of crime to apply for and receive
payment of compensation from the Fund for the Compensation of Victims of Crime
under cert ain circumstances. (NRS 217.010 -217.270) Existing law generally
requires an application for compensation from the Fund to be filed : (1) not later
than 24 months after the injury or death for which compensation is claimed ; (2) not
later than 60 months after the injury or death for which compensation is claimed if
the applicant is a victim of sex trafficking or facilitating sex trafficking ; or (3)
before the applicant reaches 21 years of age if the applicant is a victim of sexual
abuse or involved in the production of pornography and the applicant was a minor
at the time of the injury . (NRS 217.100) Section 1 of this bill makes various
changes to require all applications for compensation from the Fund to be filed not
later than 60 months after the injury or death for which compensation is claimed ,
unless the applicant was a minor at the time of the injury, in which case the
application must be filed not later than 60 months after the applicant reaches 21
years of age.
Existing law authorizes the Director of the Department of Health and Human
Services or a person designated by the Director to waive the limitation on the time
for filing an application for compensation from the Fund for good cause shown if
the injury or death for which compensation is claimed wa s the result of an incident
or offense that was reported to the police within 5 days after its occurrence or
within 5 days after the time when a report could reasonably have been made. (NRS
217.100) Section 1 removes the condition that to be eligible for t he waiver, the
incident or offense that caused the injury or death for which compensation is
claimed be reported to the police, thereby authorizing the Director or a person
designated by the Director to waive the limitation on the time for filing an
application for any good cause shown.
Existing law requires an application for compensation from the Fund to be
accompanied by certain medical records that document the injury for which
compensation is claimed. (NRS 217.100) Section 1 removes this requirement a nd
instead provides that the applicant may prove eligibility for compensation from the
Fund by submitting certain documentary evidence of the injury or death for which
compensation is claimed.
Existing law prohibits an award of compensation from the Fund under certain
circumstances, including compensation to a victim of crime who fails to cooperate
with a law enforcement agenc y. (NRS 217.220) Section 2 of this bill removes the
prohibition against the award of compensation from the Fund to a victim of a cri me
who fails to cooperate with a law enforcement agency.
– 2 –
- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.100 is hereby amended to read as follows:
217.100 1. Except as otherwise provided in subsection [5,] 2,
any person eligible for compensation under the provisions of NRS
217.010 to 217.270, inclusive, may apply to the Director for such
compensation [not] :
(a) Except as otherwise provided in paragraph (b), n ot later
than [24 months after the injury or death for which compensation is
claimed or, for a person who is a victim of sex trafficking or
facilitating sex trafficking, not later than ] 60 months after the injury
or death for which compensation is claimed [, unless waived by the]
; or
(b) If the applicant was a minor at the time of the injury, not
later than 60 months after the applicant reaches 21 years of age.
2. The Director or a person designated by the Director may
waive the limitation on time descr ibed in subsection 1 for good
cause shown . [, and the personal injury or death was the result of an
incident or offense that was reported to the police within 5 days of
its occurrence or, if the incident or offense could not reasonably
have been reported within that period, within 5 days of the time
when a report could reasonably have been made.
2. An]
3. Except as otherwise provided in subsection 2, an order for
the payment of compensation must not be made unless the
application is made within the time set forth in subsection 1.
[3.] 4. Where the person entitled to make application is:
(a) A minor, the application may be made on his or her behalf
by a parent or guardian.
(b) Mentally incapacitated, the application may be made on his
or her behal f by a parent, guardian or other person authorized to
administer his or her estate.
[4. The]
5. An applicant [must submit with his or her application the]
may prove eligibility for compensation by submitting documentary
evidence of the injury or death for which the applicant claims
compensation, which may include, without limitation:
(a) The reports, if reasonably available, from all physicians
who, at the time of or subsequent to the victim’s injury or death,
– 3 –
- 83rd Session (2025)
treated or examined the victim in relatio n to the injury for which
compensation is claimed [.] ;
(b) A police report, investigative report or complaint which the
victim filed with a law enforcement agency;
(c) A copy of an order for protection;
(d) A transcript of testimony given under oath or affirmation
in a civil or criminal proceeding;
(e) A record of a governmental entity;
(f) A record from an organization which provides services to
victims of crime;
(g) An affidavit of a qualified third party; or
(h) Other documentary evidence deemed sufficient by the
Director.
[5. The limitations upon payment of compensation established
in subsection 1 do not apply to a minor who is sexually abused or
who is involved in the production of pornography. Such a minor
must apply for compensation before reaching 21 years of age.]
6. As used in this section [:
(a) “Facilitating sex trafficking” means a violation of
NRS 201.301.
(b) “Sex trafficking” means a violation of subsection 2 of NRS
201.300.] , “qualified third party” means:
(a) A physician licensed to practice in this State;
(b) A psychiatrist licensed to practice medicine in this State
and certified by the American Board of Psychiatry and Neurology,
Inc. or the American Osteopathic Board of Neurology and
Psychiatry of the American Osteopathic Association;
(c) A psychologist licensed to practice in this State;
(d) A social worker licensed to practice in this State;
(e) A registered nurse holding a master’s degree in the field of
psychiatric nursing and licensed to practice professional nu rsing
in this State;
(f) A marriage and family therapist or clinical professional
counselor licensed to practice in this State pursuant to chapter
641A of NRS;
(g) A victim’s advocate as defined in NRS 49.2545; or
(h) Any member of the clergy of a churc h or religious society
or denomination that is recognized as exempt under section
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. §
501(c)(3), who has been chosen, elected or appointed in
conformity with the constitution, canons, rites, regulatio ns or
discipline of the church or religious society or denomination and
who is a resident of this State.
– 4 –
- 83rd Session (2025)
Sec. 2. NRS 217.220 is hereby amended to read as follows:
217.220 1. Except as otherwise provided in subsections 2 and
3, compensation must not be awarded if the victim:
(a) Was injured or killed as a result of the operation of a motor
vehicle, boat or airplane unless the vehicle, boat or airplane was
used as a weapon in a deliberate attempt to harm the victim or
unless the driver of the vehicle injured a pedestrian, violated any of
the provisions of NRS 484C.110 or the use of the vehicle was
punishable pursuant to NRS 484C.430 or 484C.440;
(b) Was a coconspirator, codefendant, accomplice or adult
passenger of the offender whose crime caused the victim’s injuries;
(c) Was inj ured or killed while serving a sentence of
imprisonment in a prison or jail; or
(d) Was injured or killed while living in a facility for the
commitment or detention of children who are adjudicated delinquent
pursuant to title 5 of NRS . [; or
(e) Fails t o cooperate with law enforcement agencies. Such
cooperation does not require prosecution of the offender.]
2. Paragraph (a) of subsection 1 does not apply to a minor who
was physically injured or killed while being a passenger in the
vehicle of an offender who violated NRS 484C.110 or is punishable
pursuant to NRS 484C.430 or 484C.440.
3. A victim who is a relative of the offender or who, at the time
of the personal injury or death of the victim, was living with the
offender in a continuing relationship may be awarded compensation
if the offender would not profit by the compensation of the victim.
4. The compensation officer may deny an award if the
compensation officer determines that the applicant will not suffer
serious financial hardship. In determ ining whether an applicant will
suffer serious financial hardship, the compensation officer shall not
consider:
(a) The value of the victim’s dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount
equal to the victim’s annual salary.
20 ~~~~~ 25