reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.569 - Definitions.

As used in NRS 178.569 to 178.5698, inclusive, unless the context otherwise requires:
1. "Relative" has the meaning ascribed to it in NRS 217.060.
2. "Victim of a crime" or "victim" includes a relative of a person:
(a) Against whom a crime has been committed; or
(b) Who has been injured or killed as a direct result of the commission of a crime.
(Added to NRS by 1983, 889; A 1997, 3238)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5691 - Confidentiality of personal information.

All personal information, including, but not limited to, a current or former address, which pertains to a victim, relative, witness or other person and which is received pursuant to the provisions of NRS 178.569 to 178.5698, inclusive, is confidential.
(Added to NRS by 1997, 3238)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5692 - Investigation by sheriff of threats of harm; protection.

If a victim of a crime or a witness is cooperating with the prosecuting attorney in a criminal case and reasonably apprehends that he or she may suffer threats of harm or harm arising out of that cooperation, the sheriff of the county or the chief of police of the city shall, upon the written request of the victim or witness, investigate the circumstances, take adequate measures to protect the victim or witness where appropriate, and inform the victim or witness of the level of protection being provided.
(Added to NRS by 1983, 889)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5694 - Harassment of victim or witness by employer; notification by prosecuting attorney of continuance of proceeding.

1. If it is difficult for such a victim or witness to assist in an investigation or cooperate with the prosecuting attorney because the victim or witness is being harassed, intimidated or subjected to conflicting requirements by his or her employer, the prosecuting attorney, sheriff or chief of police shall, upon the written request of the victim or witness, intercede on his or her behalf to minimize any loss of pay or other benefits which would result from his or her assistance or appearances in court.
2. If a proceeding in court to which such a victim or witness has been subpoenaed will not go on as scheduled, the prosecuting attorney shall:
(a) Make a reasonable effort to notify the victim or witness of that fact; or
(b) Provide a system of notification which allows the victim or witness to call by telephone and receive such information.
In any case, the prosecuting attorney shall, if the victim or witness so requests in writing and provides a current address, ensure that written notice is mailed to that address. If written notice would not be timely, the prosecuting attorney shall make a reasonable effort to notify the victim or witness by some other means.
(Added to NRS by 1983, 889)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5696 - Separate waiting area; disposition of personal property; fees for testifying.

1. A court trying a criminal case shall provide victims and witnesses a secure waiting area which is not used by the members of the jury or the defendant and the defendant’s family and friends.
2. A court or law enforcement agency which has custody of any stolen or other personal property belonging to such a victim or witness shall:
(a) Upon the written request of the victim or witness, make available to the victim or witness a list describing the property held in custody, unless it is shown that the disclosure of the identity or nature of the property would seriously impede the investigation of the crime; or
(b) Return the property to the victim or witness expeditiously when it is no longer needed as evidence.
3. The prosecuting attorney shall inform each such witness of the fee to which the witness is entitled for testifying and how to obtain the fee.
(Added to NRS by 1983, 890)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.571 - Applicability to certain cases; persons permitted to be attendant; permissible conduct by attendant; exclusion for good cause.

1. Except as otherwise provided in subsection 2, in a case involving any act of domestic violence pursuant to NRS 33.018, a violation of NRS 200.366, 200.368 or 200.373, a battery with intent to commit a sexual assault pursuant to NRS 200.400, a violation of any provision of NRS 200.5091 to 200.5099, inclusive, a violation of NRS 201.180, 201.210, 201.220 or 201.230 or an attempt or a conspiracy to commit any of these offenses, a witness may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness’s testimony to provide support.
2. In a case involving an offense in which a minor is a witness, the witness who is a minor may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness’s testimony to provide support.
3. The attendant may be designated by a party as a witness and, except as otherwise provided in this section, must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies.
4. Except as otherwise provided in this subsection and subsection 5, the attendant must not be a reporter or editorial employee of any newspaper, periodical or press association or an employee of any radio or television station. The provisions of this subsection do not apply to an attendant to a witness in a case involving a violation of any provision of NRS 200.5091 to 200.50995, inclusive.
5. The parent, child, brother or sister of the witness may serve as the attendant of the witness whether or not the attendant is a reporter or an editorial employee of any newspaper, periodical or press association or an employee of any radio or television station, but the attendant shall not make notes during the hearing or trial.
6. The court:
(a) Shall, if the witness requests, allow the attendant to sit next to the witness while the witness is testifying; or
(b) May, if the witness requests that the attendant be in another location in the courtroom while the witness is testifying, allow the attendant to be in that location while the witness is testifying.
7. Except as otherwise provided in this subsection, the court shall allow the attendant to have physical contact with the witness while the witness is testifying, if the court determines that such contact is reasonably appropriate or necessary to provide support to the witness. If the attendant attempts to influence or affect in any manner the testimony of the witness during the giving of testimony or at any other time, the court shall exclude that attendant and allow the witness to designate another attendant.
8. A party may move to exclude a particular attendant for good cause, and the court shall hear the motion out of the presence of the jury, if any. If the court grants the motion, the witness may designate another attendant.
(Added to NRS by 1983, 891; A 1995, 893, 2255; 1997, 73; 2003, 542)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5713 - Definitions.

As used in NRS 178.5713 to 178.5718, inclusive, unless the context otherwise requires, the words and terms defined in NRS 178.5714, 178.5715 and 178.5716 have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 409)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5714 - Benefit" defined.

"Benefit" means:
1. A plea bargain;
2. Any consideration of bail or conditions of release;
3. A reduction or modification of a term of sentence; or
4. Any other leniency, immunity, financial payment, reward or amelioration of the current or future conditions of any term of sentence.
(Added to NRS by 2023, 410)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5715 - Cooperation agreement" defined.

"Cooperation agreement" means a written agreement:
1. Between a person who is or was in jail or prison and the office of a prosecuting attorney wherein the person agrees to be an informant; and
2. Which includes, without limitation, a summary of:
(a) The testimony to be provided by the informant; and
(b) The benefit which has been or may be provided to the informant in exchange for the testimony described in paragraph (a).
(Added to NRS by 2023, 410)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5716 - Informant" defined.

"Informant" means a person who:
1. Provides testimony on behalf of the State based on any statement made by a defendant while the defendant and the person were in jail or prison; and
2. Has received or will receive a benefit in connection with the provision of the testimony described in subsection 1.
(Added to NRS by 2023, 410)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5717 - Office of prosecuting attorney required to maintain records relating to certain informants; contents of records; confidentiality.

1. Every office of a prosecuting attorney shall maintain complete and systematic records of any case prosecuted by the office in which testimony is provided by an informant pursuant to a cooperation agreement. The records must include, without limitation:
(a) The substance of the testimony;
(b) Any benefit that has been or will be provided to the informant in connection with the provision of the testimony; and
(c) A copy of the cooperation agreement.
2. The records described in subsection 1 are confidential and are not public books or records within the meaning of NRS 239.010.
(Added to NRS by 2023, 410)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.5718 - Disclosure by prosecuting attorney of certain information relating to certain informants; time limits; instructions to jury.

1. Except as otherwise provided in subsections 2 and 3, if a prosecuting attorney intends to use testimony provided by an informant at a trial, the prosecuting attorney shall file and serve upon the defendant the following information or material as soon as practicable, but not later than 30 days before the trial:
(a) A summary of the criminal history of the informant, including, without limitation:
(1) Any pending charges against the informant; and
(2) Any charge against the informant that was reduced or dismissed, or will be reduced or dismissed, in exchange for the testimony to be provided as part of a plea bargain;
(b) A copy of any cooperation agreement;
(c) Any benefit that has been or will be provided to the informant in connection with his or her provision of the testimony;
(d) The substance and, if known, the time and place of:
(1) Any statement that is relevant to the trial made by the defendant to the informant; and
(2) Any statement implicating the defendant in the charged offense made by the informant to a law enforcement officer;
(e) Any occasion on which the informant recanted his or her testimony that will be provided by the informant at the trial, including, without limitation:
(1) The time and place of the recantation;
(2) The nature of the recantation; and
(3) The name of any person who was present at the time of the recantation; and
(f) Any other case known to the prosecuting attorney in which the informant provided testimony and the benefit offered or provided in each case.
2. A court may, upon good cause shown, implement a revised deadline for making the disclosures described in subsection 1 or, upon its own motion, continue the trial described in subsection 1, if:
(a) The informant was not known to the prosecuting attorney until after the deadline for making the disclosures described in subsection 1; and
(b) The information and materials described in subsection 1 could not have been discovered or obtained by the prosecuting attorney with the exercise of due diligence before the deadline for making the disclosures described in subsection 1.
3. If a court finds that disclosing the information and materials described in subsection 1 will result in the possibility of substantial bodily harm to the informant, the court may require the information and materials to be viewed exclusively by the attorney for the defendant, and not by the defendant or any other party.
4. In every trial in which a prosecuting attorney uses testimony provided by an informant, the court shall instruct the jury to consider the information described in paragraphs (a) to (f), inclusive, of subsection 1 in assessing the credibility of the informant.
(Added to NRS by 2023, 410)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.572 - Order of immunity releasing material witness from prosecution or punishment on motion of State.

1. In any investigation before a grand jury, or any preliminary examination or trial in any court of record, the court on motion of the State may order that any material witness be released from all liability to be prosecuted or punished on account of any testimony or other evidence the witness may be required to produce.
2. Any motion, hearing or order regarding the immunity of a grand jury witness must not be made public before an indictment or presentment is issued in the case.
(Added to NRS by 1967, 1457; A 1983, 1346; 1985, 1030)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.578 - Denial of motion.

The court shall deny the motion of the State under NRS 178.572 if it reasonably appears to the court that such testimony or evidence would subject the witness to prosecution, except for perjury committed in the giving of such testimony, under the laws of another state or of the United States.
(Added to NRS by 1967, 1457)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.584 - Service: How made.

1. Whenever under this Title or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service must be made upon the attorney unless service upon the party is ordered by the court.
2. Except as otherwise provided in NRS 178.589, service upon the attorney or upon a party must be made in the manner provided in civil actions.
(Added to NRS by 1967, 1457; A 1999, 52)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.586 - Notice of orders.

Immediately upon the entry of an order made on a written motion subsequent to arraignment the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed.
(Added to NRS by 1967, 1457)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.589 - Use of facsimile machine.

1. Except when personal service of a person is ordered by the court or required by specific statute, a person who is represented by an attorney may be lawfully served with any motion, notice or other legal document by means of a facsimile machine if:
(a) The document is transmitted to the office of the attorney representing the person; and
(b) The facsimile machine is operational and is maintained by the attorney representing the person or the employer of that attorney.
2. In addition to any other document required by the court, a person who uses a facsimile machine pursuant to subsection 1 to serve any motion, notice or other legal document that is required to be filed with the court shall attach to or include with the original document filed with the court a copy of the confirmation report or other comparable evidence of the transmittal of the legal document.
3. Service of any motion, notice or other legal document by facsimile machine after 5 p.m. on the day that the document is transmitted shall be deemed delivered on the next judicial day. The time of transmittal set forth in this subsection is determined according to the time at the location of the recipient of the legal document.
4. Service of any motion, notice or other legal document by facsimile machine as authorized by this section is supplemental to and does not affect the validity of any other manner of service authorized by law.
5. As used in this section:
(a) "Facsimile machine" means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.
(b) "Person" includes, without limitation, a government, governmental agency or political subdivision of a government.
(Added to NRS by 1999, 51)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.591 - Use of electronic means.

1. Except when personal service of a person is ordered by the court or required by specific statute, a person who is represented by an attorney may be lawfully served with any motion, notice or other legal document by electronic means if the office of the attorney representing the person has the ability to receive and store the motion, notice or other legal document electronically.
2. In addition to any other document required by the court, a person who uses electronic means pursuant to subsection 1 to electronically serve any motion, notice or other legal document that is required to be filed with the court shall include with the original document filed with the court evidence of the electronic transmittal of the legal document.
3. A court clerk may accept a motion, notice or other legal document that is filed electronically. A motion, notice or other legal document that is filed electronically must contain an image of the signature of the prosecuting attorney.
4. If a court clerk accepts a motion, notice or other legal document that is filed electronically pursuant to subsection 3, the court clerk shall acknowledge receipt of the motion, notice or other legal document by an electronic time stamp and shall electronically return the motion, notice or other legal document with the electronic time stamp to the prosecuting attorney. A motion, notice or other legal document may be converted into a printed document and served upon a defendant in the same manner as a motion, notice or other legal document that is not filed electronically.
5. A motion, notice or other legal document that is filed or served electronically shall be deemed to be filed or served on the date that it is filed or served electronically if it is filed or served not later than 11:59 p.m. on that date.
(Added to NRS by 2023, 1637)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.592 - Calendar of criminal actions: Preparation by clerk.

1. The clerk must prepare a calendar of all criminal actions pending in the court, enumerating them according to the date of filing of the indictment, information or complaint, specifying opposite the title of each action whether such action is for a felony or misdemeanor, and whether the defendant is in custody or on bail.
2. Preference shall be given to criminal proceedings as far as practicable.
(Added to NRS by 1967, 1457)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.594 - Order of disposing of issues on calendar.

The issues on the calendar must be disposed of in the following order, unless for good cause the court directs an action to be tried in a different order:
1. Prosecutions for felony, when the defendant is in custody.
2. Prosecutions for misdemeanor, when the defendant is in custody.
3. Prosecutions in which the State, upon determining that the physical, emotional or mental condition of the victim of, or a material witness to, an alleged felony or gross misdemeanor is deteriorating because of age, an illness or an injury to himself or herself or his or her spouse, has demanded a trial within 60 days after the arraignment of the person accused of the felony or gross misdemeanor pursuant to NRS 174.511.
4. Prosecutions for felony, when the defendant is on bail.
5. Prosecutions for misdemeanor, when the defendant is on bail.
(Added to NRS by 1967, 1458; A 1983, 1671)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.596 - Exceptions unnecessary.

Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has been necessary prior to January 1, 1968, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party’s objection to the action of the court and the grounds therefor; but if a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice the party.
(Added to NRS by 1967, 1458)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.606 - Docket kept by clerk of justice court; contents.

A docket must be kept by the clerk of the justice court, in which the clerk shall enter each action and the minutes of the proceedings of the court therein.
(Added to NRS by 1967, 1458; A 1985, 53; 2023, 164)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.630 - Duties of Director of Department of Corrections.

The Director of the Department of Corrections shall comply with the provisions of Articles III and IV of The Agreement on Detainers whenever the Director has custody of a prisoner who has detainers lodged against the prisoner from other jurisdictions which are parties to such agreement.
(Added to NRS by 1971, 645; A 1977, 863; 2001 Special Session, 223)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.700 - Procedure for making request; time for responding; withdrawal of request; notice of receipt of detainer.

1. If the Attorney General, a prosecuting attorney or an agency of criminal justice in this State receives a request from the Department of Corrections, it shall respond in writing within 14 working days setting forth any charges that are pending against the offender.
2. If the Attorney General, a prosecuting attorney or an agency of criminal justice indicates in its response pursuant to subsection 1 that felony charges are pending against an offender, it shall, or if misdemeanor charges are pending against an offender, it may, request in the response that upon release of the offender from the custody of the Department of Corrections, the Department release the offender to an agency of criminal justice in this State that is authorized to detain a person pending prosecution. The Attorney General, a prosecuting attorney or an agency of criminal justice may submit such a request to the Department of Corrections at any other time, if charges are filed against an offender.
3. If an offender is convicted, acquitted or the charges are dropped after a request was submitted pursuant to this section, the Attorney General, prosecuting attorney or agency of criminal justice who submitted the request shall withdraw the request by providing a certified copy of the judgment to the Department of Corrections if the offender was convicted or acquitted, or by providing proof to the Department that the charges were dropped.
4. The Attorney General, a prosecuting attorney or an agency of criminal justice shall notify the Department of Corrections upon receipt of a detainer against an inmate from another jurisdiction who is transferred to the custody of the Department of Corrections.
(Added to NRS by 1997, 917; A 2001 Special Session, 223)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.750 - District attorney to submit annual report to Department of Sentencing Policy on cases filed that included charge for murder or involuntary manslaughter; contents of report.

1. The district attorney for each county shall prepare and submit a report, on a form approved by the Department of Sentencing Policy created by NRS 176.01323, to the Department of Sentencing Policy not later than February 1 of each year concerning each case filed during the previous calendar year that included a charge for murder or voluntary manslaughter. The district attorney shall exclude from the report any charge for manslaughter that resulted from a death in a crash involving a motor vehicle.
2. The report required pursuant to subsection 1 must include, without limitation:
(a) The name, age, gender and race of the defendant;
(b) The age, gender and race of any codefendant or other person charged or suspected of having participated in the homicide and in any alleged related offense;
(c) The age, gender and race of the victim of the homicide and any alleged related offense;
(d) The date of the homicide and of any alleged related offense;
(e) The date of filing of the information or indictment;
(f) The case number and court in which the case was prosecuted;
(g) Whether or not the prosecutor filed a notice of intent to seek the death penalty and, if so, when the prosecutor filed the notice;
(h) The final disposition of the case and whether or not the case was tried before a jury;
(i) The race, ethnicity and gender of each member of the jury, if the case was tried by a jury; and
(j) The identity of:
(1) Each prosecuting attorney who participated in the decision to file the initial charges against the defendant;
(2) Each prosecuting attorney who participated in the decision to offer or accept a plea, if applicable;
(3) Each prosecuting attorney who participated in the decision to seek the death penalty, if applicable; and
(4) Each person outside the office of the district attorney who was consulted in determining whether to seek the death penalty or to accept or reject a plea, if any.
3. If all the information required pursuant to subsection 1 cannot be provided because the case is still in progress, an additional report must be filed with the Department of Sentencing Policy each time a subsequent report is filed until all the information, to the extent available, has been provided.
(Added to NRS by 2003, 2084; A 2007, 421; 2015, 1659; 2023, 668)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.760 - Prosecution and defense in pretrial release hearings; stipend.

Notwithstanding any other provision of law:
1. A district attorney, assistant district attorney, deputy district attorney or other attorney employed by a district attorney may:
(a) Be deputized to prosecute a person in a county other than the county by which the attorney is employed for the limited purpose of serving as the prosecuting attorney in a pretrial release hearing required by NRS 178.4849. An assistant district attorney, deputy district attorney or other attorney employed by a district attorney must receive the approval of the district attorney of the county in which the attorney is employed before serving as the prosecuting attorney in a pretrial release hearing in a county other than the county by which the attorney is employed.
(b) Receive a stipend for being available on a weekend or holiday to serve as the prosecuting attorney in a pretrial release hearing required by NRS 178.4849 or for serving as the prosecuting attorney in any such pretrial release hearing conducted on a weekend or holiday.
2. A public defender and the State Public Defender may, pursuant to an interlocal agreement, authorize the public defender, State Public Defender or any other attorney employed by the public defender or State Public Defender to provide for the representation of a defendant in a pretrial release hearing required by NRS 178.4849 in any county.
3. A public defender, the State Public Defender or any other attorney employed by the public defender or State Public Defender may receive a stipend for being available on a weekend or holiday to represent a defendant in a pretrial release hearing required by NRS 178.4849 or for representing a defendant in any such pretrial release hearing conducted on a weekend or holiday.
(Added to NRS by 2023, 2504)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › NRS 178A.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 178A.025 to 178A.140, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 1908, 2841; A 2023, 2517)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › NRS 178A.090 - "Law enforcement official" defined.

1. "Law enforcement official" means:
(a) Any person employed by a law enforcement agency; or
(b) Any person employed by a public school, private school or institution of higher education whose primary duty is to enforce the law.
2. For purposes of this section:
(a) "Institution of higher education" has the meaning ascribed to it in NRS 179D.045.
(b) "Private school" means a nonprofit private elementary or secondary educational institution that is licensed in this State.
(c) "Public school" has the meaning ascribed to it in NRS 388.127.
(Added to NRS by 2019, 2841)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › NRS 178A.140 - "Survivor" defined.

"Survivor" means a person who is a victim of sexual assault, as defined in NRS 217.280 or, if the victim is incompetent, deceased or a minor, the parent, guardian, spouse, legal representative or other person related to the victim within the second degree of consanguinity or affinity, unless such person is the defendant or accused or is convicted of the sexual assault.
(Added to NRS by 2019, 1909, 2841)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › NRS 178A.150 - Legislative findings and declarations.

The Legislature hereby finds and declares that:
1. Victims of sexual assault have a strong interest in the investigation and prosecution of their cases.
2. Law enforcement agencies have an obligation to victims of sexual assault to be responsive to the victims concerning the developments of forensic testing and the investigation of their cases.
3. The growth of the State DNA Database and CODIS makes it possible for many perpetrators of sexual assault to be identified after their first offense.
(Added to NRS by 2019, 1909)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)
2023 Nevada Revised Statutes › Chapter 178A - Sexual Assault Survivors’ Bill of Rights › 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)