AB339

Assembly Bill No. 339–Assemblymen Evans, Chowning, de Braga, Claborn, Koivisto, McClain, Parnell, Anderson, Cegavske, Humke, Mortenson, Gustavson, Angle, Buckley, Leslie and Brower

March 1, 1999

____________

Joint Sponsors: Senators Amodei, Mathews,
Shaffer and Wiener

____________

Referred to Committee on Judiciary

SUMMARY—Makes various changes concerning orders for protection against domestic violence. (BDR 3-1206)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to domestic violence; allowing a person who is applying for a temporary order for protection against domestic violence to apply, at the same time, for an extended order for protection against domestic violence; requiring that a hearing concerning the issuance of an extended order for protection against domestic violence be held within 45 days after the application for the extended order is filed; authorizing the court to appoint a master to take testimony and recommend orders in cases concerning orders for protection against domestic violence; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 33 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. In an action to issue, dissolve, convert, modify or register a

1-4 temporary or extended order pursuant to NRS 33.017 to 33.100,

1-5 inclusive, the court may appoint a master to take testimony and

1-6 recommend orders.

1-7 2. The master must be an attorney licensed to practice in this state.

2-1 3. The master shall:

2-2 (a) Take testimony and establish a record; and

2-3 (b) Make findings of fact, conclusions of law and recommendations

2-4 concerning a temporary or extended order.

2-5 Sec. 2. NRS 33.017 is hereby amended to read as follows:

2-6 33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of

2-7 this act, unless the context otherwise requires:

2-8 1. "Extended order" means an extended order for protection against

2-9 domestic violence.

2-10 2. "Temporary order" means a temporary order for protection against

2-11 domestic violence.

2-12 Sec. 3. NRS 33.020 is hereby amended to read as follows:

2-13 33.020 1. If it appears to the satisfaction of the court from specific

2-14 facts shown by a verified application that an act of domestic violence has

2-15 occurred or there exists a threat of domestic violence, the court may grant a

2-16 temporary or extended order for protection against domestic violence. A

2-17 temporary or extended order for protection against domestic violence must

2-18 not be granted to the applicant or the adverse party unless he has requested

2-19 the order and has filed a verified application that an act of domestic

2-20 violence has occurred or there exists a threat of domestic violence.

2-21 2. The court may require the applicant or the adverse party, or both, to

2-22 appear before it before determining whether to grant the temporary or

2-23 extended order.

2-24 3. A temporary order may be granted with or without notice to the

2-25 adverse party. An extended order may only be granted after notice to the

2-26 adverse party and a hearing on the application. A hearing on an

2-27 application for an extended order must be held within 45 days after the

2-28 date on which the application for the extended order is filed.

2-29 4. The court shall rule upon an application for a temporary order

2-30 within 1 judicial day after it is filed.

2-31 5. If it appears to the satisfaction of the court from specific facts

2-32 communicated by telephone to the court by an alleged victim that an act of

2-33 domestic violence has occurred and the alleged perpetrator of the domestic

2-34 violence has been arrested and is presently in custody pursuant to NRS

2-35 171.137, the court may grant a temporary order for protection against

2-36 domestic violence. Before approving an order under such circumstances,

2-37 the court shall confirm with the appropriate law enforcement agency that

2-38 the applicant is an alleged victim and that the alleged perpetrator is in

2-39 custody. Upon approval by the court, the signed order may be transmitted

2-40 to the facility where the alleged perpetrator is in custody by electronic or

2-41 telephonic transmission to a facsimile machine. If such an order is received

2-42 by the facility holding the alleged perpetrator while he is still in custody,

2-43 the order must be personally served by an authorized employee of the

3-1 facility before the alleged perpetrator is released. The court shall mail a

3-2 copy of each order issued pursuant to this subsection to the alleged victim

3-3 named in the order and cause the original order to be filed with the court

3-4 clerk on the first judicial day after it is issued.

3-5 6. In a county whose population is 400,000 or more, the court shall be

3-6 available 24 hours a day, 7 days a week, including nonjudicial days and

3-7 holidays, to receive communications by telephone and for the issuance of a

3-8 temporary order for protection against domestic violence pursuant to

3-9 subsection 5.

3-10 7. In a county whose population is less than 400,000, the court may be

3-11 available 24 hours a day, 7 days a week, including nonjudicial days and

3-12 holidays, to receive communications by telephone and for the issuance of a

3-13 temporary order for protection against domestic violence pursuant to

3-14 subsection 5.

3-15 8. The clerk of the court shall inform the protected party upon the

3-16 successful transfer of information concerning the registration to the central

3-17 repository for Nevada records of criminal history as required pursuant to

3-18 NRS 33.095.

3-19 Sec. 4. NRS 33.080 is hereby amended to read as follows:

3-20 33.080 1. A temporary order expires within such time, not to exceed

3-21 30 days, as the court fixes. If an application for an extended order is filed

3-22 within the period of a temporary order [,] or at the same time that an

3-23 application for a temporary order is filed, the temporary order remains in

3-24 effect until the hearing on the extended order is held.

3-25 2. On 2 days’ notice to the party who obtained the temporary order,

3-26 the adverse party may appear and move its dissolution or modification, and

3-27 in that event the court shall proceed to hear and determine such motion as

3-28 expeditiously as the ends of justice require.

3-29 3. An extended order expires within such time, not to exceed 1 year, as

3-30 the court fixes. A temporary order may be converted by the court, upon

3-31 notice to the adverse party and a hearing, into an extended order effective

3-32 for [~~no]~~ not more than 1 year.