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. NRS 62.040 is hereby amended to read as follows:

1-2 62.040 1. Except if the child involved is subject to the exclusive

1-6 need of supervision because he:

2-1 (1) Is a child who is subject to compulsory school attendance and is a

2-2 habitual truant from school;

2-3 (2) Habitually disobeys the reasonable and lawful demands of his

2-4 parents, guardian or other custodian, and is unmanageable; or

2-5 (3) Deserts, abandons or runs away from his home or usual place of
2-6 abode,

2-7 and is in need of care or rehabilitation. The child must not be considered a

2-8 delinquent.

2-9 (b) Concerning any child living or found within the county who has

2-10 committed a delinquent act. A child commits a delinquent act if he violates

2-11 a county or municipal ordinance or any rule or regulation having the force

2-12 of law, or he commits an act designated a crime under the law of the State

2-13 of Nevada.

2-14 (c) Concerning any child in need of commitment to an institution for the

2-15 mentally retarded.

2-16 2. For the purposes of subsection 1, each of the following acts shall be

2-17 deemed not to be a delinquent act, and the court does not have jurisdiction

2-18 of a person who is charged with committing such an act:

2-19 (a) Murder or attempted murder and any other related offense arising

2-20 out of the same facts as the murder or attempted murder, regardless of the

2-21 nature of the related offense.

2-22 (b) Sexual assault or attempted sexual assault involving the use or

2-23 threatened use of force or violence against the victim and any other related

2-24 offense arising out of the same facts as the sexual assault or attempted

2-25 sexual assault, regardless of the nature of the related offense, if:

2-26 (1) The person was 16 years of age or older when the sexual assault

2-27 or attempted sexual assault was committed; and

2-28 (2) Before the sexual assault or attempted sexual assault was

2-29 committed, the person previously had been adjudicated delinquent for an

2-30 act that would have been a felony if committed by an adult.

2-31 (c) An offense or attempted offense involving the use or threatened use

2-32 of a firearm and any other related offense arising out of the same facts as

2-33 the offense or attempted offense involving the use or threatened use of a

2-34 firearm, regardless of the nature of the related offense, if:

2-35 (1) The person was 16 years of age or older when the offense or

2-36 attempted offense involving the use or threatened use of a firearm was

2-37 committed; and

2-38 (2) Before the offense or attempted offense involving the use or

2-39 threatened use of a firearm was committed, the person previously had been

2-40 adjudicated delinquent for an act that would have been a felony if

2-41 committed by an adult.

2-42 (d) Any other offense if, before the offense was committed, the person

2-43 previously had been convicted of a criminal offense.

3-1 3. If a child is charged with a minor traffic offense, the court may

3-2 transfer the case and record to a justice’s or municipal court if the judge

3-3 determines that it is in the best interest of the child. If a case is so

3-4 transferred:

3-5 (a) The restrictions set forth in subsection [5] 6 of NRS 62.170 are

3-6 applicable in those proceedings; and

3-7 (b) The child must be accompanied at all proceedings by a parent or

3-8 legal guardian.

3-9 With the consent of the judge of the juvenile division, the case may be

3-10 transferred back to the juvenile court.

3-11 Sec. 2. NRS 62.170 is hereby amended to read as follows:

3-12 62.170 1. Except as otherwise provided in NRS 62.175 and section 2

3-43 possible thereafter, the fact of detention must be reported to the court; and

4-1 (b) Pending further disposition of the case, the court may order that the

4-2 child be:

4-3 (1) Released to the custody of the parent or other person appointed by

4-4 the court;

4-5 (2) Detained in such place as is designated by the court, subject to

4-6 further order of the court; or

4-7 (3) Conditionally released for supervised detention at the home of the

4-8 child in lieu of detention at a facility for the detention of juveniles.

4-9 4. A child who is taken into custody for committing a battery that

4-10 constitutes domestic violence pursuant to NRS 33.018 must not be

4-11 released from custody sooner than 12 hours after he is taken into

4-12 custody.

4-13 5. Except as otherwise provided in subsection 4 and section 2 of

4-14 Assembly Bill No. 221 of this session, if a child is alleged to be delinquent

4-15 or in need of supervision, the child must not, before disposition of the case,

4-16 be detained in a facility for the secure detention of juveniles unless there is

4-17 probable cause to believe that:

4-18 (a) If the child is not detained, he is likely to commit an offense

4-19 dangerous to himself or to the community, or likely to commit damage to

4-20 property;

4-21 (b) The child will run away or be taken away so as to be unavailable for

4-22 proceedings of the court or to its officers;

4-23 (c) The child was brought to the probation officer pursuant to a court

4-24 order or warrant; or

4-25 (d) The child is a fugitive from another jurisdiction.

4-26 [5.] 6. If a child is not alleged to be delinquent or in need of

4-27 supervision, the child must not, at any time, be confined or detained in:

4-28 (a) A facility for the secure detention of juveniles; or

4-29 (b) Any police station, lockup, jail, prison or other facility in which

4-30 adults are detained or confined.

4-31 [6.] 7. If a child is less than 18 years of age, the child must not, at any

4-32 time, be confined or detained in any police station, lockup, jail, prison or

4-33 other facility where the child has regular contact with any adult who is

4-34 confined or detained therein and who has been convicted of a crime or

4-35 charged with a crime, unless:

4-36 (a) The child is alleged to be delinquent;

4-37 (b) An alternative facility is not available; and

4-38 (c) The child is separated by sight and sound from any adults who are

4-39 confined or detained therein.

4-40 [7.] 8. If a child who is alleged to be delinquent is taken into custody

4-41 and detained, the child must be given a detention hearing, conducted by the

4-42 judge or master:

4-43 (a) Within 24 hours after the child submits a written application;

5-1 (b) In a county whose population is less than 100,000, within 24 hours

5-2 after the commencement of detention at a police station, lockup, jail, prison

5-3 or other facility in which adults are detained or confined;

5-4 (c) In a county whose population is 100,000 or more, within 6 hours

5-5 after the commencement of detention at a police station, lockup, jail, prison

5-6 or other facility in which adults are detained or confined; or

5-7 (d) Within 72 hours after the commencement of detention at a facility in

5-8 which adults are not detained or confined,

5-9 whichever occurs first, excluding Saturdays, Sundays and holidays. A child

5-10 must not be released after a detention hearing without the written consent of

5-11 the judge or master.

5-12 [8.] 9. If the parent, guardian or custodian of the child appears with or

5-13 on behalf of the child at a detention hearing, the judge or master shall

5-14 provide to him a certificate of attendance which he may provide to his

5-15 employer. The certificate of attendance must set forth the date and time of

5-16 appearance and the provisions of NRS 62.900. The certificate of attendance

5-17 must not set forth the name of the child or the offense alleged.

5-18 [9.] 10. Except as otherwise provided in subsection [10,] 11, if a child

5-19 who is alleged to be in need of supervision is taken into custody and

5-20 detained, the child must be released within 24 hours, excluding Saturdays,

5-21 Sundays and holidays, after his initial contact with a peace officer to his

5-22 parent, guardian or custodian, to any other person who is able to provide

5-23 adequate care and supervision, or to shelter care, unless the court holds a

5-24 detention hearing and determines the child:

5-25 (a) Has threatened to run away from home or from the shelter;

5-26 (b) Is accused of violent behavior at home; or

5-27 (c) Is accused of violating the terms of his supervision and consent

5-28 decree.

5-29 If the court makes such a determination, the child may be detained for an

5-30 additional 24 hours after the hearing, excluding Saturdays, Sundays and

5-31 holidays, if needed by the court to make an alternative placement. Such an

5-32 alternative placement must be in a facility in which there are no physically

5-33 restraining devices or barriers. A child must not be detained pursuant to this

5-34 subsection for a total period in excess of 48 hours, excluding Saturdays,

5-35 Sundays and holidays.

5-36 [10.] 11. If a child who is alleged to be in need of supervision is taken

5-37 into custody and detained, the child need not be released pursuant to

5-38 subsection [9,] 10, if the court holds a detention hearing and determines the

5-39 child:

5-40 (a) Is a ward of a federal court or held pursuant to federal statute;

5-41 (b) Has run away from another state and a jurisdiction within the state

5-42 has issued a want, warrant or request for the child; or

6-1 (c) Is accused of violating a valid court order.

6-2 If the court makes such a determination, the child may be detained for such

6-3 an additional period as necessary for the court to return the child to the

6-4 jurisdiction from which he originated or to make an alternative placement.

6-5 Such an alternative placement must be in a facility in which there are no

6-6 physically restraining devices or barriers.

6-7 [11.] 12. During the pendency of a criminal or quasi-criminal charge of

6-8 a crime excluded from the original jurisdiction of the juvenile court

6-9 pursuant to NRS 62.040, a child may petition the juvenile court for

6-10 temporary placement in a facility for the detention of juveniles.

6-11 [12.] 13. In determining whether to release a child pursuant to this

6-12 section to a person other than his parent, guardian or custodian, preference

6-13 must be given to any person related within the third degree of

6-14 consanguinity to the child who is suitable and able to provide proper care

6-15 and guidance for the child.

6-16 Sec. 3. NRS 33.090 is hereby amended to read as follows:

6-17 33.090 1. A valid order for protection against domestic violence

6-43 (a) No counter or cross-petition was filed seeking such protection order;

7-1 (b) A counter or cross-petition was filed and the court did not make a

7-2 specific finding of domestic violence by both parties; or

7-3 (c) The person who is applying to register the order has violated a law of

7-4 the State of Nevada relating to a different protection order issued against

7-5 him,

7-6 the court may refuse to register and enforce the order and may determine

7-7 whether to issue its own temporary or extended order.

7-8 [5.] 6. A temporary or extended order of another state, territory or

7-9 Indian tribe presented pursuant to this section which appears authentic on

7-10 its face must be presumed valid.

7-11 [6.] 7. A court, law enforcement officer or any other person who

7-12 enforces an order for protection against domestic violence based upon a

7-13 reasonable belief that the order is valid is immune from civil liability for

7-14 any action taken based on that belief.

7-15 [7.] 8. The clerk of the court shall maintain a record of each order

7-16 registered pursuant to this section.

7-17 [8.] 9. The clerk shall not charge a fee for an application to register or

7-18 for registering an order pursuant to this section.

7-19 [9.] 10. The clerk shall inform the protected party upon the successful

7-20 transfer of information concerning the registration to the central repository

7-21 for Nevada records of criminal history as required pursuant to NRS 33.095.

7-22 Sec. 4. NRS 178.484 is hereby amended to read as follows:

7-23 178.484 1. Except as otherwise provided in this section, a person

7-43 bail unless the proof is evident or the presumption great by any competent

8-1 court or magistrate authorized by law to do so in the exercise of discretion,

8-2 giving due weight to the evidence and to the nature and circumstances of

8-3 the offense.

8-4 5. A person arrested for a battery [upon his spouse, former spouse, a

8-5 person to whom he is related by blood, a person with whom he is or was

8-6 actually residing or with whom he has a child in common, his minor child

8-7 or a minor child of that person,] that constitutes domestic violence

8-8 pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours

8-9 after his arrest. If the person is admitted to bail more than 12 hours after his

8-10 arrest, pursuant to subsection 5 of NRS 171.178, without appearing

8-11 personally before a magistrate, the amount of bail must be:

8-12 (a) Three thousand dollars, if the person has no previous convictions of

8-13 battery [upon a person listed in this subsection] that constitute domestic

8-14 violence pursuant to NRS 33.018 and there is no reason to believe that the

8-15 battery for which he has been arrested resulted in substantial bodily harm;

8-16 (b) Five thousand dollars, if the person has:

8-17 (1) No previous convictions of battery [upon a person listed in this

8-18 subsection,] that constitute domestic violence pursuant to NRS 33.018,

8-19 but there is reason to believe that the battery for which he has been arrested

8-20 resulted in substantial bodily harm; or

8-21 (2) One previous conviction of battery [upon a person listed in this

8-22 subsection,] that constitutes domestic violence pursuant to NRS 33.018,

8-23 but there is no reason to believe that the battery for which he has been

8-24 arrested resulted in substantial bodily harm; or

8-25 (c) Fifteen thousand dollars, if the person has:

8-26 (1) One previous conviction of battery [upon a person listed in this

8-27 subsection] that constitutes domestic violence pursuant to NRS 33.018

8-28 and there is reason to believe that the battery for which he has been arrested

8-29 resulted in substantial bodily harm; or

8-30 (2) Two or more previous convictions of battery [upon one or more

8-31 persons listed in this subsection.] that constitute domestic violence

8-32 pursuant to NRS 33.018.

8-33 The provisions of this subsection do not affect the authority of a magistrate

8-34 or a court to set the amount of bail when the person personally appears

8-35 before the magistrate or the court. For the purposes of this subsection, a

8-36 person shall be deemed to have a previous conviction of battery that

8-37 constitutes domestic violence pursuant to NRS 33.018 if the person has

8-38 been convicted of such an offense in this state or has been convicted of

8-39 violating a law of any other jurisdiction that prohibits the same or similar

8-40 conduct.

8-41 6. The court may, before releasing a person arrested for an offense

8-42 punishable as a felony, require the surrender to the court of any passport the

8-43 person possesses.

9-1 7. Before releasing a person arrested for any crime, the court may

9-2 impose such reasonable conditions on the person as it deems necessary to

9-3 protect the health, safety and welfare of the community and to ensure that

9-4 the person will appear at all times and places ordered by the court,

9-5 including, without limitation:

9-6 (a) Requiring the person to remain in this state or a certain county within

9-7 this state;

9-8 (b) Prohibiting the person from contacting or attempting to contact a

9-9 specific person or from causing or attempting to cause another person to

9-10 contact that person on his behalf;

9-11 (c) Prohibiting the person from entering a certain geographic area; or

9-12 (d) Prohibiting the person from engaging in specific conduct that may be

9-13 harmful to his own health, safety or welfare, or the health, safety or welfare

9-14 of another person.

9-15 In determining whether a condition is reasonable, the court shall consider

9-16 the factors listed in NRS 178.4853.

9-17 8. If a person fails to comply with a condition imposed pursuant to

9-18 subsection 7, the court may, after providing the person with reasonable

9-19 notice and an opportunity for a hearing:

9-20 (a) Deem such conduct a contempt pursuant to NRS 22.010; or

9-21 (b) Increase the amount of bail pursuant to NRS 178.499.

9-22 9. An order issued pursuant to this section that imposes a condition on

9-23 a person admitted to bail must include a provision ordering any law

9-24 enforcement officer to arrest the person if he has probable cause to believe

9-25 that the person has violated a condition of his bail.

9-26 10. Before a person may be admitted to bail, he must sign a document

9-27 stating that:

9-28 (a) He will appear at all times and places as ordered by the court

9-29 releasing him and as ordered by any court before which the charge is

9-30 subsequently heard;

9-31 (b) He will comply with the other conditions which have been imposed

9-32 by the court and are stated in the document; and

9-33 (c) If he fails to appear when so ordered and is taken into custody

9-34 outside of this state, he waives all his rights relating to extradition

9-35 proceedings.

9-36 The signed document must be filed with the clerk of the court of competent

9-37 jurisdiction as soon as practicable, but in no event later than the next

9-38 business day.

9-39 11. If a person admitted to bail fails to appear as ordered by a court

9-40 and the jurisdiction incurs any cost in returning the person to the

9-41 jurisdiction to stand trial, the person who failed to appear is responsible for

9-42 paying those costs as restitution.

10-1 Sec. 5. Assembly Bill No. 262 of this session is hereby amended by

10-2 deleting section 1 and adding:

10-3 Section 1. (Deleted by amendment.)

10-4 Sec. 6. Section 2 of Assembly Bill No. 262 of this session is hereby

10-5 amended to read as follows:

10-6 Sec. 2. NRS 62.170 is hereby amended to read as follows:

10-7 62.170 1. Except as otherwise provided in NRS 62.175 and

10-8 section 2 of Assembly Bill No. 221 of this [act,] session, a peace

10-9 officer or probation officer may take into custody any child:

10-10 (a) Who the officer has probable cause to believe is violating or

10-11 has violated any law, ordinance or rule or regulation having the

10-12 force of law; or

10-13 (b) Whose conduct indicates that he is a child in need of

10-14 supervision.

10-15 2. Except as otherwise provided in this section, section 2 of

10-16 Assembly Bill No. 221 of this [act] session and NRS 484.383, if a

10-17 child is taken into custody:

10-18 (a) The officer shall [immediately] , without undue delay,

10-19 attempt to notify , if known, the parent, guardian or custodian of the

10-20 child [, if known, and the] ;

10-21 (b) The facility in which the child is detained shall, without

10-22 undue delay:

10-23 (1) Notify a probation officer; and

10-24 [(b)] (2) Attempt to notify, if known, the parent, guardian or

10-25 custodian of the child if such notification was not accomplished

10-26 pursuant to paragraph (a); and

10-27 (c) Unless it is impracticable or inadvisable or has been

10-28 otherwise ordered by the court, the child must be released to the

10-29 custody of his parent or other responsible adult who has signed a

10-30 written agreement to bring the child to the court at a stated time or

10-31 at such time as the court may direct. The written agreement must be

10-32 submitted to the court as soon as possible. If this person fails to

10-33 produce the child as agreed or upon notice from the court, a writ

10-34 may be issued for the attachment of the person or of the child

10-35 requiring that the person or child, or both of them, be brought into

10-36 the court at a time stated in the writ.

10-37 3. Except as otherwise provided in this section and section 2 of

10-38 Assembly Bill No. 221 of this [act,] session, if a child who is taken

10-39 into custody is not released pursuant to subsection 2:

10-40 (a) The child must be taken without unnecessary delay to:

10-41 (1) The court; or

11-1 (2) The place of detention designated by the court [,] and, as

11-2 soon as possible thereafter, the fact of detention must be reported to

11-3 the court; and

11-4 (b) Pending further disposition of the case, the court may order

11-5 that the child be:

11-6 (1) Released to the custody of the parent or other person

11-7 appointed by the court;

11-8 (2) Detained in such place as is designated by the court,

11-9 subject to further order of the court; or

11-10 (3) Conditionally released for supervised detention at the

11-11 home of the child in lieu of detention at a facility for the detention

11-12 of juveniles.

11-13 4. Except as otherwise provided in section 2 of Assembly Bill

11-14 No. 221 of this [act,] session, if a child is alleged to be delinquent

11-15 or in need of supervision, the child must not, before disposition of

11-16 the case, be detained in a facility for the secure detention of

11-17 juveniles unless there is probable cause to believe that:

11-18 (a) If the child is not detained, he is likely to commit an offense

11-19 dangerous to himself or to the community, or likely to commit

11-20 damage to property;

11-21 (b) The child will run away or be taken away so as to be

11-22 unavailable for proceedings of the court or to its officers;

11-23 (c) The child was brought to the probation officer pursuant to a

11-24 court order or warrant; or

11-25 (d) The child is a fugitive from another jurisdiction.

11-26 5. If a child is not alleged to be delinquent or in need of

11-27 supervision, the child must not, at any time, be confined or detained

11-28 in:

11-29 (a) A facility for the secure detention of juveniles; or

11-30 (b) Any police station, lockup, jail, prison or other facility in

11-31 which adults are detained or confined.

11-32 6. If a child is less than 18 years of age, the child must not, at

11-33 any time, be confined or detained in any police station, lockup, jail,

11-34 prison or other facility where the child has regular contact with any

11-35 adult who is confined or detained therein and who has been

11-36 convicted of a crime or charged with a crime, unless:

11-37 (a) The child is alleged to be delinquent;

11-38 (b) An alternative facility is not available; and

11-39 (c) The child is separated by sight and sound from any adults

11-40 who are confined or detained therein.

11-41 7. If a child who is alleged to be delinquent is taken into

11-42 custody and detained, the child must be given a detention hearing,

11-43 conducted by the judge or master:

12-1 (a) Within 24 hours after the child submits a written application;

12-2 (b) In a county whose population is less than 100,000, within 24

12-3 hours after the commencement of detention at a police station,

12-4 lockup, jail, prison or other facility in which adults are detained or

12-5 confined;

12-6 (c) In a county whose population is 100,000 or more, within 6

12-7 hours after the commencement of detention at a police station,

12-8 lockup, jail, prison or other facility in which adults are detained or

12-9 confined; or

12-10 (d) Within 72 hours after the commencement of detention at a

12-11 facility in which adults are not detained or confined,

12-12 whichever occurs first, excluding Saturdays, Sundays and holidays.

12-13 A child must not be released after a detention hearing without the

12-14 written consent of the judge or master.

12-15 8. If the parent, guardian or custodian of the child appears with

12-16 or on behalf of the child at a detention hearing, the judge or master

12-17 shall provide to him a certificate of attendance which he may

12-18 provide to his employer. The certificate of attendance must set forth

12-19 the date and time of appearance and the provisions of NRS 62.900.

12-20 The certificate of attendance must not set forth the name of the child

12-21 or the offense alleged.

12-22 9. Except as otherwise provided in subsection 10, if a child

12-23 who is alleged to be in need of supervision is taken into custody and

12-24 detained, the child must be released within 24 hours, excluding

12-25 Saturdays, Sundays and holidays, after his initial contact with a

12-26 peace officer to his parent, guardian or custodian, to any other

12-27 person who is able to provide adequate care and supervision, or to

12-28 shelter care, unless the court holds a detention hearing and

12-29 determines the child:

12-30 (a) Has threatened to run away from home or from the shelter;

12-31 (b) Is accused of violent behavior at home; or

12-32 (c) Is accused of violating the terms of his supervision and

12-33 consent decree.

12-34 If the court makes such a determination, the child may be detained

12-35 for an additional 24 hours after the hearing, excluding Saturdays,

12-36 Sundays and holidays, if needed by the court to make an alternative

12-37 placement. Such an alternative placement must be in a facility in

12-38 which there are no physically restraining devices or barriers. A

12-39 child must not be detained pursuant to this subsection for a total

12-40 period in excess of 48 hours, excluding Saturdays, Sundays and

12-41 holidays.

12-42 10. If a child who is alleged to be in need of supervision is

12-43 taken into custody and detained, the child need not be released

13-1 pursuant to subsection 9, if the court holds a detention hearing and

13-2 determines the child:

13-3 (a) Is a ward of a federal court or held pursuant to federal

13-4 statute;

13-5 (b) Has run away from another state and a jurisdiction within the

13-6 state has issued a want, warrant or request for the child; or

13-7 (c) Is accused of violating a valid court order.

13-8 If the court makes such a determination, the child may be detained

13-9 for such an additional period as necessary for the court to return the

13-10 child to the jurisdiction from which he originated or to make an

13-11 alternative placement. Such an alternative placement must be in a

13-12 facility in which there are no physically restraining devices or

13-13 barriers.

13-14 11. During the pendency of a criminal or quasi-criminal charge

13-15 of a crime excluded from the original jurisdiction of the juvenile

13-16 court pursuant to NRS 62.040, a child may petition the juvenile

13-17 court for temporary placement in a facility for the detention of

13-18 juveniles.

13-19 12. In determining whether to release a child pursuant to this

13-20 section to a person other than his parent, guardian or custodian,

13-21 preference must be given to any person related within the third

13-22 degree of consanguinity to the child who is suitable and able to

13-23 provide proper care and guidance for the child.

13-24 Sec. 7. Assembly Bill No. 262 of this session is hereby amended by

13-25 adding thereto a new section designated sec. 3, following sec. 2, to read as

13-26 follows:

13-27 Sec. 3. This act becomes effective at 12:01 a.m. on October 1,

13-28 1999.

13-29 Sec. 8. The amendatory provisions of section 4 of this act do not apply

13-30 to a person who is admitted to bail before October 1, 1999.

13-31 Sec. 9. Sections 1, 2, 5, 6 and 7 of this act become effective at
13-32 12:03 a.m. on October 1, 1999.