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).

1-1 Section 1. Chapter 125A of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. If a parent of a child is convicted of murder of the first

1-4 degree for the murder of the other parent of the child:

1-5 1. A court shall not enter an order awarding custody to or rights to

1-6 visitation with the child to the parent so convicted, unless the child who is

1-7 the subject of the order is of suitable age to signify his assent and assents

1-8 to the order.

1-9 2. Until the court makes a determination pursuant to subsection 1,

1-10 no person may bring the child into the presence of the parent so

1-11 convicted without the consent of the legal guardian or custodian of the

1-12 child.

2-1 Sec. 3. 1. Except as otherwise provided in NRS 125A.360 and

2-2 section 2 of this act, a determination by the court after an evidentiary

2-3 hearing and finding by clear and convincing evidence that either parent

2-4 or any other person seeking custody of a child has engaged in one or

2-5 more acts of domestic violence against the child, a parent of the child or

2-6 any other person residing with the child creates a rebuttable presumption

2-7 that sole or joint custody of the child by the perpetrator of the domestic

2-8 violence is not in the best interest of the child. Upon making such a

2-9 determination, the court shall set forth:

2-10 (a) Findings of fact that support the determination that one or more

2-11 acts of domestic violence occurred; and

2-12 (b) Findings that the custody or visitation arrangement ordered by the

2-13 court adequately protects the child and the parent or other victim of

2-14 domestic violence who resided with the child.

2-15 2. If after an evidentiary hearing held pursuant to subsection 1 the

2-16 court determines that more than one party has engaged in acts of

2-17 domestic violence, it shall, if possible, determine which person was the

2-18 primary physical aggressor. In determining which party was the primary

2-19 physical aggressor for the purposes of this section, the court shall

2-20 consider:

2-21 (a) All prior acts of domestic violence involving any of the parties;

2-22 (b) The relative severity of the injuries, if any, inflicted upon the

2-23 persons involved in those prior acts of domestic violence;

2-24 (c) The likelihood of future injury;

2-25 (d) Whether, during the prior acts, one of the parties acted in self-

2-26 defense; and

2-27 (e) Any other factors that the court deems relevant to the

2-28 determination.

2-29 In such a case, if it is not possible for the court to determine which party

2-30 is the primary physical aggressor, the presumption created pursuant to

2-31 subsection 1 applies to each of the parties. If it is possible for the court to

2-32 determine which party is the primary physical aggressor, the presumption

2-33 created pursuant to subsection 1 applies only to the party determined by

2-34 the court to be the primary physical aggressor.

2-35 3. As used in this section, "domestic violence" means the commission

2-36 of any act described in NRS 33.018.

2-37 Sec. 4. NRS 128.097 is hereby amended to read as follows:

2-38 128.097 1. If a parent of a child engages in conduct that violates any

3-1 2. If a parent of a child is convicted of murder of the first degree of

3-2 the other parent of the child, the parent is presumed to be an unfit

3-3 parent.

3-4 Sec. 5. Chapter 432B of NRS is hereby amended by adding thereto

3-5 the provisions set forth as sections 6 and 7 of this act.

3-6 Sec. 6. If a parent of a child is convicted of murder of the first

3-7 degree for the murder of the other parent of the child:

3-8 1. A court shall not enter an order awarding custody to or rights to

3-9 visitation with the child to the parent so convicted, unless the child who is

3-10 the subject of the order is of suitable age to signify his assent and assents

3-11 to the order. A court, agency, institution or other person who places a

3-12 child in protective custody shall not release a child to the custody of a

3-13 parent convicted of murder of the first degree for the murder of the other

3-14 parent of the child.

3-15 2. Until the court makes a determination pursuant to subsection 1,

3-16 no person may bring the child into the presence of the parent so

3-17 convicted without the consent of the legal guardian or custodian of the

3-18 child.

3-19 Sec. 7. 1. Except as otherwise provided in NRS 125A.360 and

3-20 section 6 of this act, a determination by the court after an evidentiary

3-21 hearing and finding by clear and convincing evidence that either parent

3-22 or any other person seeking custody of a child has engaged in one or

3-23 more acts of domestic violence against the child, a parent of the child or

3-24 any other person residing with the child creates a rebuttable presumption

3-25 that it is not in the best interest of the child for the perpetrator of the

3-26 domestic violence to have custody of the child. Upon making such a

3-27 determination, the court shall set forth:

3-28 (a) Findings of fact that support the determination that one or more

3-29 acts of domestic violence occurred; and

3-30 (b) Findings that the custody or visitation arrangement ordered by the

3-31 court adequately protects the child and the parent or other victim of

3-32 domestic violence who resided with the child.

3-33 2. If after an evidentiary hearing held pursuant to subsection 1 the

3-34 court determines that more than one party has engaged in acts of

3-35 domestic violence, it shall, if possible, determine which person was the

3-36 primary physical aggressor. In determining which party was the primary

3-37 physical aggressor for the purposes of this section, the court shall

3-38 consider:

3-39 (a) All prior acts of domestic violence involving any of the parties;

3-40 (b) The relative severity of the injuries, if any, inflicted upon the

3-41 persons involved in those prior acts of domestic violence;

4-1 (c) The likelihood of future injury;

4-2 (d) Whether, during the prior acts, one of the parties acted in self-

4-3 defense; and

4-4 (e) Any other factors that the court deems relevant to the

4-5 determination.

4-6 In such a case, if it is not possible for the court to determine which party

4-7 is the primary physical aggressor, the presumption created pursuant to

4-8 subsection 1 applies to each of the parties. If it is possible for the court to

4-9 determine which party is the primary physical aggressor, the presumption

4-10 created pursuant to subsection 1 applies only to the party determined by

4-11 the court to be the primary physical aggressor.

4-12 3. A court, agency, institution or other person who places a child in

4-13 protective custody shall not release a child to the custody of a person who

4-14 a court has determined pursuant to subsection 1 has engaged in one or

4-15 more acts of domestic violence against the child, a parent of the child or

4-16 any other person residing with the child unless:

4-17 (a) A court determines that it is in the best interest of the child for the

4-18 perpetrator of the domestic violence to have custody of the child; or

4-19 (b) Pursuant to the provisions of subsection 2, the presumption

4-20 created pursuant to subsection 1 does not apply to the person to whom

4-21 the court releases the child.

4-22 4. As used in this section, "domestic violence" means the commission

4-23 of any act described in NRS 33.018.