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Nevada LEGISLATION
HUMAN TRAFFICKING
NRS 178A.160-290
Rights of Survivors
NRS 178A.160 When rights attach; rights retained.
1. The rights provided to a survivor pursuant to the Sexual Assault Survivors’ Bill of Rights attach whenever the survivor is subject to:
(a) A forensic medical examination; or
(b) An interview by a law enforcement official or prosecutor.
2. A survivor retains the rights provided by the Sexual Assault Survivors’ Bill of Rights at all times, regardless of whether the survivor:
(a) Agrees to participate in the legal or criminal justice system;
(b) Agrees to speak to a law enforcement official or prosecutor; or
(c) Consents to a forensic medical examination.
(Added to NRS by 2019, 2841)
NRS 178A.170 Right to consult with sexual assault victims’ advocate; right to designate attendant to provide support; attendant may be excluded under certain circumstances.
1. A survivor has the right to consult with a sexual assault victims’ advocate during:
(a) Any forensic medical examination; and
(b) Any interview by a law enforcement official or prosecutor.
2. Except as otherwise provided in subsection 3, a survivor has the right to designate an attendant to provide support during:
(a) Any forensic medical examination; and
(b) Any interview by a law enforcement official or prosecutor.
3. If a law enforcement official or prosecutor conducts an interview of a survivor who is a minor, the law enforcement official or prosecutor may exclude the attendant from the interview if the law enforcement official or prosecutor:
(a) Has successfully completed specialized training in interviewing survivors who are minors that meets the standards of the National Children’s Alliance or its successor organization or another national organization that provides specialized training in interviewing survivors who are minors; and
(b) Determines, in his or her good faith, that the presence of the attendant would be detrimental to the purpose of the interview.
(Added to NRS by 2019, 2841)
NRS 178A.180 Survivor retains rights to consult with sexual assault victims’ advocate and to designate attendant even if such rights were previously waived; waiver of rights not admissible.
1. A survivor retains the rights pursuant to NRS 178A.170 even if the survivor has waived such rights during a previous examination or interview.
2. Except with the consent of the survivor, the fact that the survivor waived the right to consult with a sexual assault victims’ advocate pursuant to NRS 178A.170 is not admissible into evidence for any purpose.
(Added to NRS by 2019, 2842)
NRS 178A.190 Exercise of rights relating to forensic medical examination; survivor not required to pay for forensic medical examination; right to use shower after forensic medical examination; prior notice of rights to be provided; acknowledgment.
1. If a survivor requests a consultation with a sexual assault victims’ advocate or an attendant to provide support to the survivor pursuant to NRS 178A.170, the medical provider shall summon the sexual assault victims’ advocate or attendant before the commencement of the forensic medical examination.
2. If a sexual assault victims’ advocate or an attendant to provide support to the survivor pursuant to NRS 178A.170 cannot be summoned in a timely manner, the medical provider shall inform the survivor of the ramifications of delaying the forensic medical examination.
3. A survivor must not be required to pay any expense related to a forensic medical examination pursuant to NRS 217.300.
4. After the forensic medical examination, the survivor has the right to use a shower apparatus at no cost, unless a facility which includes a shower apparatus is not available.
5. Before a medical provider commences a forensic medical examination, the medical provider shall inform the survivor of his or her rights pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law by presenting a document developed by the Office of the Attorney General pursuant to NRS 178A.270.
6. The person who presents to the survivor the document developed by the Office of the Attorney General pursuant to NRS 178A.270 shall sign a written acknowledgment indicating that the person presented the document to the survivor. The written acknowledgment must be retained in the case file of the survivor.
(Added to NRS by 2019, 2842)
NRS 178A.200 Exercise of rights relating to interview; right to choose gender of interviewer; law enforcement official or prosecutor prohibited from discouraging forensic medical examination; prior notice of rights to be provided; acknowledgment.
1. If a survivor exercises his or her right to consult with a sexual assault victims’ advocate during an interview pursuant to NRS 178A.170, the law enforcement official or prosecutor conducting the interview, as applicable, shall summon the sexual assault victims’ advocate before the commencement of the interview, unless no sexual assault victims’ advocate can be summoned in a timely manner.
2. A survivor has the right to designate an attendant to provide support of his or her choosing during any interview by a law enforcement official or prosecutor pursuant to NRS 178A.170, unless the law enforcement official or prosecutor determines, in his or her good faith, that the presence of the attendant would be detrimental to the purpose of the interview.
3. A survivor has the right to be interviewed by a law enforcement official of the gender of the choosing of the survivor. If no law enforcement official of that gender is available in a reasonably timely manner, the survivor may be interviewed by an available law enforcement official of a different gender only upon the consent of the survivor.
4. A law enforcement official or prosecutor shall not discourage a survivor from receiving a forensic medical examination.
5. Before commencing an interview with a survivor, the law enforcement official or prosecutor conducting the interview shall inform the survivor of his or her rights pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law.
6. Any information conveyed by the law enforcement official or prosecutor pursuant to subsection 5 must be conveyed to the survivor by presenting a document developed by the Office of the Attorney General pursuant to NRS 178A.270.
7. The person who presents to the survivor the document developed by the Office of the Attorney General pursuant to NRS 178A.270 shall sign a written acknowledgment indicating that the person presented the document to the survivor. The written acknowledgment must be retained in the case file of the survivor.
(Added to NRS by 2019, 2842)
NRS 178A.210 Retention of right to counsel; exercise of right to counsel must not affect or alter treatment of survivor.
1. A survivor retains the right to have counsel present during any forensic medical examination, interview, investigation or other interaction with any representative of the legal or criminal justice system within this State pursuant to NRS 178A.160 to 178A.200, inclusive.
2. The treatment of the survivor must not be affected or altered in any way as a result of the decision of the survivor to exercise his or her right to have counsel present during any forensic medical examination, interview, investigation or other interaction with the legal or criminal justice systems within this State.
(Added to NRS by 2019, 2843)
NRS 178A.220 Right to prompt genetic marker analysis; transport of sexual assault forensic evidence kit; preservation, storage and retention of biological evidence; right to information regarding timeline of genetic marker analysis.
1. A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.
2. A sexual assault forensic evidence kit must be transported to a forensic laboratory and analyzed pursuant to NRS 200.3786, unless the survivor requests in writing at any time before such analysis, for the forensic laboratory to defer analysis of the sexual assault forensic evidence kit.
3. Biological evidence secured in connection with the investigation or prosecution of a criminal case must be preserved and stored in accordance with the provisions of this subsection and NRS 176.0912. A sexual assault forensic evidence kit that is in the custody of an agency of criminal justice must be retained for:
(a) If the sexual assault forensic evidence kit is associated with an uncharged or unsolved sexual assault, at least 50 years.
(b) If the sexual assault forensic evidence kit is associated with an unreported or anonymous sexual assault, at least 20 years.
4. If a survivor has requested to defer analysis pursuant to subsection 2, the survivor may request that the forensic laboratory analyze the sexual assault forensic evidence kit at any later date before the expiration of the retention period pursuant to subsection 3.
5. A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.
(Added to NRS by 2019, 1909, 2843; A 2023, 2517)
NRS 178A.230 Right to be informed of results of genetic marker analysis and DNA profile upon request. Upon the request of a survivor, he or she has the right to be informed of:
1. The results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;
2. Whether the analysis yielded a DNA profile; and
3. Whether the analysis yielded the DNA profile of the defendant or person accused or convicted of a crime against the survivor or a person already in CODIS.
(Added to NRS by 2019, 1909, 2844)
NRS 178A.240 Failure of law enforcement agency to comply with requirements relating to sexual assault forensic evidence kit does not alter authority of law enforcement agency or forensic laboratory to take actions relating to such evidence. The failure of a law enforcement agency to take possession of a sexual assault forensic evidence kit pursuant to the Sexual Assault Survivors’ Bill of Rights, or the failure of the law enforcement agency to submit such evidence for genetic marker analysis within the timeline prescribed pursuant to the Bill of Rights, does not alter:
1. The authority of a law enforcement agency to take possession of that evidence or to submit that evidence to a forensic laboratory; and
2. The authority of the forensic laboratory to accept and analyze the evidence or to upload an eligible DNA profile obtained from such evidence to CODIS or the State DNA Database.
(Added to NRS by 2019, 1910, 2844)
NRS 178A.250 Failure of entity to comply with Sexual Assault Survivors’ Bill of Rights does not give standing to defendant or accused person to challenge conviction or sentence or constitute grounds for challenge.
1. A defendant or person accused or convicted of a crime against a survivor does not have standing to seek to have his or her conviction or sentence set aside for any failure by a law enforcement agency, forensic laboratory or other relevant entity to comply with the timing requirements of the Sexual Assault Survivors’ Bill of Rights.
2. Failure by a law enforcement agency, forensic laboratory or other relevant entity to comply with the requirements of the Sexual Assault Survivors’ Bill of Rights does not constitute grounds for challenging the validity of a match or any information in the State DNA Database during any criminal or civil proceeding, and any evidence of such a match or any information in the State DNA Database must not be excluded by a court on such grounds.
(Added to NRS by 2019, 1910, 2844)
NRS 178A.260 Biological evidence from sexual assault not to be used for any purpose not directly related to investigation or prosecution of sexual assault of survivor. A law enforcement agency shall not use any biological evidence obtained from the sexual assault forensic evidence kit of a survivor or any biological evidence secured in connection with the investigation or prosecution of the alleged sexual assault of the survivor:
1. To prosecute the survivor for any crime;
2. As a basis to search for further evidence of any criminal offense that may have been committed by the survivor; or
3. For any other purpose that is not directly related to the investigation or prosecution of the alleged sexual assault of the survivor.
(Added to NRS by 2019, 2844; A 2023, 2517)
NRS 178A.265 DNA profile of survivor not to be included in database; biological evidence of survivor not to be shared or disclosed; exceptions.
1. A law enforcement agency or forensic laboratory shall not include the DNA profile of a survivor obtained from the sexual assault forensic evidence kit of the survivor in any database that allows for the storage and exchange of DNA records unless the law enforcement agency or forensic laboratory is authorized to include the DNA profile in CODIS pursuant to 34 U.S.C. § 12592(b).
2. Except as otherwise provided in subsection 3 and except as otherwise required by state or federal law, a law enforcement agency that has in its possession or custody any biological evidence of a survivor secured in connection with the investigation or prosecution of the alleged sexual assault of the survivor shall not share such evidence with or disclose such evidence to any person or entity, including, without limitation, any other law enforcement agency, except pursuant to:
(a) A court order; or
(b) A request from another law enforcement agency, if the law enforcement agency determines that such action is necessary to identify or prosecute the person who committed the alleged sexual assault of the survivor.
3. The provisions of subsection 2 do not apply if the disclosure is necessary for purposes of satisfying discovery obligations, including, without limitation, any obligation prescribed by the Federal Rules of Criminal Procedure.
4. As used in this section:
(a) “Any database” includes, without limitation, the State DNA Database, CODIS or any other database that allows for the storage and exchange of DNA records, including, without limitation, any local, state or national database.
(b) “DNA record” means a database record stored in any database, that includes the DNA profile of a person and data required to manage the record.
(Added to NRS by 2023, 2516)
NRS 178A.270 Office of the Attorney General to develop and make available document explaining rights; contents.
1. The Office of the Attorney General shall:
(a) Develop a document that explains the rights of a survivor pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law; and
(b) Make the document available to medical providers, law enforcement officials and prosecutors.
2. The document must be in clear language that is comprehensible to a person proficient in English at the reading level of a fifth grader, accessible to persons with visual disabilities and available in all major languages of this State.
3. The document must include, without limitation:
(a) A clear statement that the survivor is not required to participate in the criminal justice system or to receive a forensic medical examination in order to retain the rights provided by the Sexual Assault Survivors’ Bill of Rights and other relevant law;
(b) Means of contacting, by telephone or Internet, nearby sexual assault victims’ advocates and centers for support for victims of sexual assault;
(c) Information about the availability of temporary and extended orders of protection pursuant to NRS 200.378;
(d) Instructions for requesting the results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;
(e) Information concerning state and federal funds for compensation for medical and other costs associated with the sexual assault;
(f) Information concerning any municipal, state or federal right to restitution for survivors in the event of a criminal trial; and
(g) Information concerning testing for the human immunodeficiency virus and other common sexually transmitted diseases.
(Added to NRS by 2019, 2844; A 2021, 3191)
NRS 178A.280 Law enforcement agency to provide copies of reports to survivor; prosecutor to provide information to survivor; report by forensic laboratory; State to establish statewide program to track sexual assault forensic kits.
1. Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by the survivor, furnish within 1 month, free, complete and unaltered copies of all reports of the law enforcement agency concerning the sexual assault, regardless of whether the report has been closed by the law enforcement agency. A law enforcement agency may, as appropriate, redact personal identifying information from any reports provided pursuant to this subsection. As used in this section, “personal identifying information” has the meaning ascribed to it in NRS 205.4617.
2. A prosecutor shall, upon written request of a survivor, provide certain information to the survivor pursuant to NRS 200.3784.
3. Each forensic laboratory shall submit the report concerning the status of sexual assault forensic evidence kits annually pursuant to NRS 200.3786.
4. The State shall establish a statewide program to track sexual assault forensic evidence kits pursuant to NRS 200.3788.
(Added to NRS by 2019, 2845; A 2019, 2851)
NRS 178A.290 Additional rights of survivor.
1. In addition to any other right provided by law, a survivor has the right:
(a) In any civil or criminal case related to a sexual assault, to be reasonably protected from the defendant and persons acting on behalf of the defendant.
(b) To be free from intimidation, harassment and abuse.
(c) To be treated with fairness and respect for his or her privacy and dignity.
(d) To be heard through a victim impact statement at any proceeding involving any plea, sentencing, postconviction decision or any other proceeding where the rights of the survivor are at issue.
2. A survivor must not be required to submit to an examination by polygraph as a prerequisite to filing an accusatory pleading or participating in any part of the criminal justice system.
3. A court shall make reasonable efforts to provide the survivor and the family, friends and witnesses of the survivor with a secure waiting area or room that is separate from:
(a) The waiting area of the defendant and the family, friends, witnesses and attorneys of the defendant; and
(b) The office of the prosecutor, if applicable.
(Added to NRS by 2019, 2845)