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 thereto

1-2 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 court

1-7 determines that it is in the best interest of the child to do so or the child

1-8 who is the subject of the order is of suitable age to signify his assent and

1-9 assents to the order.

1-10 2. Until the court makes a determination pursuant to subsection 1,

1-11 no person may bring the child into the presence of the parent so

1-12 convicted without the consent of the legal guardian or custodian of the

1-13 child.

1-14 Sec. 3. 1. Except as otherwise provided in NRS 125A.360 and

1-15 section 2 of this act, a determination by the court after an evidentiary

1-16 hearing and finding by clear and convincing evidence that either parent

1-17 or any other person seeking custody of a child has engaged in one or

2-1 more acts of domestic violence against the child, a parent of the child or

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

2-3 that sole or joint custody of the child by the perpetrator of the domestic

2-4 violence is not in the best interest of the child. Upon making such a

2-5 determination, the court shall set forth:

2-6 (a) Findings of fact that support the determination that one or more

2-7 acts of domestic violence occurred; and

2-8 (b) Findings that the custody or visitation arrangement ordered by the

2-9 court adequately protects the child and the parent or other victim of

2-10 domestic violence who resided with the child.

2-11 2. If after an evidentiary hearing held pursuant to subsection 1 the

2-12 court determines that more than one party has engaged in acts of

2-13 domestic violence, it shall, if possible, determine which person was the

2-14 primary physical aggressor. In determining which party was the primary

2-15 physical aggressor for the purposes of this section, the court shall

2-16 consider:

2-17 (a) All prior acts of domestic violence involving any of the parties;

2-18 (b) The relative severity of the injuries, if any, inflicted upon the

2-19 persons involved in those prior acts of domestic violence;

2-20 (c) The likelihood of future injury;

2-21 (d) Whether, during the prior acts, one of the parties acted in self-

2-22 defense; and

2-23 (e) Any other factors that the court deems relevant to the

2-24 determination.

2-25 In such a case, if it is not possible for the court to determine which party

2-26 is the primary physical aggressor, the presumption created pursuant to

2-27 subsection 1 applies to each of the parties. If it is possible for the court to

2-28 determine which party is the primary physical aggressor, the presumption

2-29 created pursuant to subsection 1 applies only to the party determined by

2-30 the court to be the primary physical aggressor.

2-31 3. As used in this section, "domestic violence" means the commission

2-32 of any act described in NRS 33.018.

2-33 Sec. 4. Chapter 432B of NRS is hereby amended by adding thereto the

2-34 provisions set forth as sections 5 and 6 of this act.

2-35 Sec. 5. If a parent of a child is convicted of murder of the first

2-36 degree for the murder of the other parent of the child:

2-37 1. A court shall not enter an order awarding custody to or rights to

2-38 visitation with the child to the parent so convicted, unless the court

2-39 determines that it is in the best interest of the child to do so or the child

2-40 who is the subject of the order is of suitable age to signify his assent and

2-41 assents to the order. A court, agency, institution or other person who

3-1 places a child in protective custody shall not release a child to the custody

3-2 of a parent convicted of murder of the first degree for the murder of the

3-3 other parent of the child.

3-4 2. Until the court makes a determination pursuant to subsection 1,

3-5 no person may bring the child into the presence of the parent so

3-6 convicted without the consent of the legal guardian or custodian of the

3-7 child.

3-8 Sec. 6. 1. Except as otherwise provided in NRS 125A.360 and

3-9 section 5 of this act, a determination by the court after an evidentiary

3-10 hearing and finding by clear and convincing evidence that either parent

3-11 or any other person seeking custody of a child has engaged in one or

3-12 more acts of domestic violence against the child, a parent of the child or

3-13 any other person residing with the child creates a rebuttable presumption

3-14 that it is not in the best interest of the child for the perpetrator of the

3-15 domestic violence to have custody of the child. Upon making such a

3-16 determination, the court shall set forth:

3-17 (a) Findings of fact that support the determination that one or more

3-18 acts of domestic violence occurred; and

3-19 (b) Findings that the custody or visitation arrangement ordered by the

3-20 court adequately protects the child and the parent or other victim of

3-21 domestic violence who resided with the child.

3-22 2. If after an evidentiary hearing held pursuant to subsection 1 the

3-23 court determines that more than one party has engaged in acts of

3-24 domestic violence, it shall, if possible, determine which person was the

3-25 primary physical aggressor. In determining which party was the primary

3-26 physical aggressor for the purposes of this section, the court shall

3-27 consider:

3-28 (a) All prior acts of domestic violence involving any of the parties;

3-29 (b) The relative severity of the injuries, if any, inflicted upon the

3-30 persons involved in those prior acts of domestic violence;

3-31 (c) The likelihood of future injury;

3-32 (d) Whether, during the prior acts, one of the parties acted in self-

3-33 defense; and

3-34 (e) Any other factors that the court deems relevant to the

3-35 determination.

3-36 In such a case, if it is not possible for the court to determine which party

3-37 is the primary physical aggressor, the presumption created pursuant to

3-38 subsection 1 applies to each of the parties. If it is possible for the court to

3-39 determine which party is the primary physical aggressor, the presumption

3-40 created pursuant to subsection 1 applies only to the party determined by

3-41 the court to be the primary physical aggressor.

3-42 3. A court, agency, institution or other person who places a child in

3-43 protective custody shall not release a child to the custody of a person who

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

4-2 more acts of domestic violence against the child, a parent of the child or

4-3 any other person residing with the child unless:

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

4-5 perpetrator of the domestic violence to have custody of the child; or

4-6 (b) Pursuant to the provisions of subsection 2, the presumption

4-7 created pursuant to subsection 1 does not apply to the person to whom

4-8 the court releases the child.

4-9 4. As used in this section, "domestic violence" means the commission

4-10 of any act described in NRS 33.018.