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- 83rd Session (2025)
Senate Bill No. 87–Committee on Judiciary
CHAPTER..........
AN ACT relating to forensic medical examinations; revising
provisions relating to payment of the costs of a forensic
medical examination of a victim of a sexual assault or
domestic violence battery by strangulation; and provid ing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires a county in whose jurisdiction a sexual assault is
committed to pay any costs incurred by a hospital for the forensic medical
examination of the victim; and (2) authorizes a compensation officer appointed by
the Director of the Department of Health and Human Services to order the payment
of compensation to reimburse a county for the costs of the forensic medical
examination. (NRS 217.160, 217.300) Section 1 of this bill authorizes a
compensation officer to order the payment of compensation to a medical provider
for the costs of such a forensic medical examination. Section 2 of this bill provides
that the costs of such a forensic medical examination must be paid out of the Fund
for the Compensation of Victims of Crime, unless there is not sufficient money in
the Fund to pay such costs. If there is not sufficient money in the Fund to pay such
costs, section 2 requires the county in whose jurisdiction the sexual assault was
committed to pay any remaining costs. Section 2 also: (1) requires the Department
of Health and Human Services to review and establish a maximum annual
reimbursement rate that may be paid to a medical provider for each forensic
medical examination performed on a victim; and (2) provides that the amount of
reimbursement paid to a medical provider for the costs of such a forensic medical
examination must not exceed that maximum annual reimbursement rate.
Existing law requires a county in whose jurisdiction a domestic violence battery
by strangulation is committed to pay any costs incurred by a hospital for a
strangulation forensic medical examination of the vict im. (NRS 217.405) Sections
1 and 3 of this bill enact provisions relating to the payment of costs to a medical
provider for a strangulation forensic medical examination performed on a victim of
a domestic battery by strangulation that are similar to the pr ovisions in this bill for
payment of the costs of a forensic medical examination performed on a victim of
sexual assault.
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 217.160 is hereby amended to read as follows:
217.160 1. The compensation officer may order the payment
of compensation:
(a) To or for the benefit of the victim.
(b) If the victim has suffered personal injury, to any person
responsible for the maintenance of the victim who has suffered
pecuniary loss or incurred expenses as a result of the injury.
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(c) If the victim dies, to or for the benefit of any one or more of
the dependents of the victim.
(d) To a minor who is a member of the household or immediate
family of a victim of a battery which cons titutes domestic violence
pursuant to NRS 33.018 who needs an assessment, a psychological
evaluation or psychological counseling for emotional trauma
suffered by the minor as a result of the battery.
(e) To a member of the victim’s household or immediate family
for psychological counseling for emotional trauma suffered by the
member as a result of the crime of murder as defined in
NRS 200.010.
(f) To a [county in whose jurisdiction a sexual assault was
committed for the reimbursement of costs associated with a forensic
medical examination of a victim of sexual assault that are paid by
the county pursuant to NRS 217.300. A county may be reimbursed
pursuant to this paragraph in an amount equal to the cost of 10
forensic medical examinations or $10,000, whic hever is less, each
fiscal year.] medical provider for:
(1) A forensic medical examination pursuant to
NRS 217.300.
(2) A strangulation forensic medical examination pursuant
to NRS 217.405.
2. As used in this section:
(a) “Battery” has the meaning ascribed to it in paragraph (a) of
subsection 1 of NRS 200.481.
(b) “Forensic medical examination” has the meaning ascribed to
it in NRS 217.300.
(c) “Household” means an association of persons who live in the
same home or dwelling and who:
(1) Have significant personal ties to the victim; or
(2) Are related by blood, adoption or marriage, within the
first degree of consanguinity or affinity.
(d) “Immediate family” means persons who are related by
blood, adoption or marriage, within the first degree of consanguinity
or affinity.
(e) “Strangulation forensic medical examination” has the
meaning ascribed to it in NRS 217.405.
(f) “Victim of sexual assault” has the meaning ascribed to it in
NRS 217.280.
Sec. 2. NRS 217.300 is hereby amended to read as follows:
217.300 1. The county in whose jurisdiction a sexual assault
is committed shall [:
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(a) Pay] pay any costs incurred for medical care for any physical
injuries resulting from the sexual assault which is provided to the
victim not later than 72 hours after the victim first arrives for
treatment.
[(b) Pay]
2. Except as otherwise provided in subsection 4, any costs
incurred by a [hospital] medical provider for the forensic medical
examination of the victim [.
2.] must be paid out of the Fund for the Compensation of
Victims of Crime, unless there is not sufficient money in the Fund
to pay such costs. If there is not sufficient money in the Fund to
pay such costs, the county in whose jurisdiction the offense was
committed shall pay any remaining costs.
3. Any costs incurred pursuant to subsection 1:
(a) Must not be charged directly to the victim of sexual assault.
(b) Must be charged to the county in whose jurisdiction the
offense was committed.
[3.] 4. Any costs incurred pursuant to subsection 2 must not
be charged directly to the victim of sexual assault. The amount of
reimbursement paid to a medical provider from the Fund or by a
county for the costs of a forensic medical examination must not
exceed the maximum annual reimbursement rate for a forensic
medical examination established by the Department of Health and
Human Services pursuant to subsection 7.
5. The filing of a report with t he appropriate law enforcement
agency must not be a prerequisite to qualify for a forensic medical
examination pursuant to this section.
[4.] 6. The costs associated with a forensic medical
examination must not be included in the costs for medical treatment
pursuant to NRS 217.310.
[5.] 7. Each year, t he Department of Health and Human
Services shall review and establish the maximum annual
reimbursement rate that may be paid to a medical provider for
each forensic medical examination performed on a victim.
8. Nothing in this section shall be construed to prohibit the
use of evidence during the investigation or prosecution of a person
for sexual assault which was obtained from a forensic medical
examination that was paid for by a nongovernmental, n onprofit
organization directly or through a grant to a governmental
agency.
9. As used in this section [, “forensic] :
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(a) “Forensic medical examination” means an examination by a
[health care] medical provider to obtain evidence from a victim of
sexual assault.
(b) “Medical provider” means any provider of health care, as
defined in NRS 629.031, hospital, emergency medical facility or
other facility conducting a forensic medical examination of a
victim.
Sec. 3. NRS 217.405 is hereby amended to read as follows:
217.405 1. [The county in whose jurisdiction a domestic
violence battery by strangulation is committed shall pay] Except as
otherwise provided in subsection 2, any costs incurred by a
[hospital] medical provider for a strangulation forensic medical
examination of the victim : [.
2. Any costs incurred pursuant to subsection 1:]
(a) Must not be charged directly to the victim.
(b) Must be [charged to ] paid out of the Fund for the
Compensation of Victims of Crime, unless there is not sufficient
money in the Fund to pay such costs . If there is not sufficient
money in the Fund to pay such costs, the county in whose
jurisdiction the offense was committed [.
3. A county which pays costs related to a strangulation forensic
medical examination pursuant to subsection 1 may, to the extent that
money is available for that purpose from legislative appropriation,
receive reimbursement from the State.
4.] shall pay any remaining costs.
2. The amount of reimbursement paid to a medical provider
from the Fund or by a county for the costs of a strangulation
forensic medical examination must not exceed the maximum
annual reimbursement rate for a strangulation forensic medical
examination established by the Department of H ealth and Human
Services pursuant to subsection 4.
3. The filing of a report with the appropriate law enforcement
agency must not be a prerequisite to qualify for a strangulation
forensic medical examination pursuant to this section.
4. Each year, the Department of Health and Human Services
shall review and establish the maximum annual reimbursement
rate that may be paid to a medical provider for each strangulation
forensic medical examination performed on a victim.
5. Nothing in this section shall be construed to prohibit the use
of evidence during the investigation or prosecution of a person for
domestic violence battery by strangulation which was obtained
from a strangulation forensic medical examination [during the
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investigation or prosecution o f a person for domestic violence
battery by strangulation.
6.] that was paid for by a nongovernmental, nonprofit
organization directly or through a grant to a governmental
agency.
6. As used in this section:
(a) “Domestic violence battery by strangulat ion” means a
battery which constitutes domestic violence pursuant to NRS 33.018
that is committed by strangulation as described in NRS 200.481.
(b) “Medical provider” means any provider of health care, as
defined in NRS 629.031, hospital, emergency medical facility or
other facility conducting a strangulation forensic medical
examination of a victim.
(c) “Strangulation forensic medical examination” means an
examination conducted by a [health care] medical provider for the
purpose of assessing the h ealth care needs of a victim of a domestic
violence battery by strangulation and coordinating the treatment of
any injuries of the victim.
Sec. 4. This act becomes effective on July 1, 2025.
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