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 33 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in this section, at any hearing that is

1-4 held concerning a temporary order or an application to convert a

1-5 temporary order into an extended order, the court shall permit the adverse

1-6 party to present any relevant evidence which tends to show that the

1-7 applicant filed an application which the applicant knew or reasonably

1-8 should have known contained a statement of material fact concerning the

1-9 adverse party that was false or intentionally misleading.

1-10 2. After considering any evidence that is presented pursuant to

1-11 subsection 1, the court shall impose sanctions against the applicant, as set

1-12 forth in subsection 3, if the court finds:

1-13 (a) By a preponderance of the evidence, that no act of domestic

1-14 violence has occurred or that no threat of domestic violence exists; and

2-1 (b) By clear and convincing evidence, that the applicant filed an

2-2 application which the applicant knew or reasonably should have known

2-3 contained a statement of material fact concerning the adverse party that

2-4 was false or intentionally misleading.

2-5 3. If the court makes the findings set forth in subsection 2, the court

2-6 shall:

2-7 (a) Assess against the applicant all costs and official fees related to the

2-8 temporary order and any application to convert the temporary order into

2-9 an extended order, including, without limitation, all costs and official fees

2-10 incurred by the adverse party in defending against the temporary order

2-11 and any application to convert the temporary order into an extended

2-12 order;

2-13 (b) Order the applicant to reimburse the adverse party, in an amount

2-14 determined by the court, for all attorney’s fees incurred by the adverse

2-15 party in defending against the temporary order and any application to

2-16 convert the temporary order into an extended order;

2-17 (c) If any rights of the adverse party to visit a child who is in the

2-18 custody of the applicant were deprived because of the temporary order:

2-19 (1) Order the applicant to permit additional visits with the child to

2-20 compensate the adverse party for any deprived visits with the child in

2-21 accordance with the provisions of NRS 125A.300, 125A.310 and

2-22 125A.320, if the court has jurisdiction concerning visitation with the

2-23 child; or

2-24 (2) Transmit the findings that were made pursuant to subsection 2 to

2-25 the appropriate court that has jurisdiction concerning visitation with the

2-26 child; and

2-27 (d) If any rights to custody of a child of the applicant or the adverse

2-28 party are at issue:

2-29 (1) Consider the findings that were made pursuant to subsection 2

2-30 as a factor in determining custody pursuant to NRS 125.480, if the court

2-31 has jurisdiction concerning custody of the child; or

2-32 (2) Transmit the findings that were made pursuant to subsection 2 to

2-33 the appropriate court that has jurisdiction concerning custody of the

2-34 child.

2-35 4. In addition to the other requirements set forth in subsection 3, if

2-36 the court makes the findings set forth in subsection 2:

2-37 (a) The court shall transmit, by the end of the next business day after

2-38 the findings are made, a copy of the findings to each law enforcement

2-39 agency to which the temporary order was transmitted pursuant to NRS

2-40 33.060; and

2-41 (b) The clerk of the court shall issue, without fee, a copy of the

2-42 findings to the adverse party and shall transmit a copy of the findings to

2-43 the central repository for Nevada records of criminal history in the same

3-1 manner that other information is transmitted to the central repository

3-2 pursuant to NRS 33.095.

3-3 5. The court may prohibit the adverse party from presenting any

3-4 evidence that is described in subsection 1 if, at any earlier hearing

3-5 concerning the temporary order or any application to convert the

3-6 temporary order into an extended order, the adverse party presented the

3-7 same or similar evidence to the court or had the opportunity to present

3-8 such evidence to the court but failed to do so.

3-9 6. The sanctions provided for in this section are in addition to and not

3-10 in lieu of any other criminal or civil sanction, penalty or remedy that is

3-11 provided by law, and the provisions of this section must not be construed

3-12 so as to prohibit the adverse party or this state or its political subdivisions

3-13 from seeking or obtaining any other criminal or civil sanction, penalty or

3-14 remedy that is provided by law.

3-15 7. The provisions of this section do not apply to an order for

3-16 protection against domestic violence which is issued to a person by a

3-17 court of another state, territory or Indian tribe within the United States

3-18 and which is registered in this state pursuant to NRS 33.090.

3-19 Sec. 2. NRS 33.017 is hereby amended to read as follows:

3-20 33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of

3-25 domestic violence.

3-26 Sec. 3. NRS 33.050 is hereby amended to read as follows:

3-27 33.050 1. Except as otherwise provided in section 1 of this act:

3-43 assist any party in completing and filing the application, affidavit and any

4-1 other paper or pleading necessary to initiate or respond to an application for

4-2 a temporary or extended order. This assistance does not constitute the

4-3 practice of law, but the clerk shall not render any advice or service that

4-4 requires the professional judgment of an attorney.

4-5 Sec. 4. Chapter 125 of NRS is hereby amended by adding thereto the

4-6 provisions set forth as sections 5 to 13, inclusive, of this act.

4-7 Sec. 5. As used in NRS 125.560 and sections 5 to 13, inclusive, of

4-8 this act, unless the context otherwise requires, the words and terms

4-9 defined in sections 6 to 11, inclusive, of this act have the meanings

4-10 ascribed to them in those sections.

4-11 Sec. 6. "Adverse party" means a person against whom a temporary

4-12 or extended order is sought.

4-13 Sec. 7. "Applicant" means a person who files an application.

4-14 Sec. 8. "Application" means an application, motion or other similar

4-15 document which is filed with the court and which requests that the court

4-16 issue a temporary or extended order against the adverse party named in

4-17 the application, motion or other similar document.

4-18 Sec. 9. "Extended order" means an order or injunction which is in

4-19 the nature of an order for protection against domestic violence and which

4-20 is in effect for a period that exceeds 30 days.

4-21 Sec. 10. "Order or injunction which is in the nature of an order for

4-22 protection against domestic violence" means a restraining order or

4-23 injunction that:

4-24 1. Is issued in an action or proceeding brought pursuant to this Title;

4-25 and

4-26 2. Grants relief which might be given in an order for protection

4-27 against domestic violence that is issued pursuant to NRS 33.017 to

4-28 33.100, inclusive.

4-29 Sec. 11. "Temporary order" means an order or injunction which is

4-30 in the nature of an order for protection against domestic violence and

4-31 which is in effect for a period not exceeding 30 days.

4-32 Sec. 12. 1. Except as otherwise provided in this section, at any

4-33 hearing that is held concerning a temporary order or an application to

4-34 convert a temporary order into an extended order, the court shall permit

4-35 the adverse party to present any relevant evidence which tends to show

4-36 that the applicant filed an application which the applicant knew or

4-37 reasonably should have known contained a statement of material fact

4-38 concerning the adverse party that was false or intentionally misleading.

4-39 2. After considering any evidence that is presented pursuant to

4-40 subsection 1, the court shall impose sanctions against the applicant, as set

4-41 forth in subsection 3, if the court finds:

4-42 (a) By a preponderance of the evidence, that no act of domestic

4-43 violence has occurred or that no threat of domestic violence exists; and

5-1 (b) By clear and convincing evidence, that the applicant filed an

5-2 application which the applicant knew or reasonably should have known

5-3 contained a statement of material fact concerning the adverse party that

5-4 was false or intentionally misleading.

5-5 3. If the court makes the findings set forth in subsection 2, the court

5-6 shall:

5-7 (a) Assess against the applicant all costs and official fees related to the

5-8 temporary order and any application to convert the temporary order into

5-9 an extended order, including, without limitation, all costs and official fees

5-10 incurred by the adverse party in defending against the temporary order

5-11 and any application to convert the temporary order into an extended

5-12 order;

5-13 (b) Order the applicant to reimburse the adverse party, in an amount

5-14 determined by the court, for all attorney’s fees incurred by the adverse

5-15 party in defending against the temporary order and any application to

5-16 convert the temporary order into an extended order;

5-17 (c) If any rights of the adverse party to visit a child who is in the

5-18 custody of the applicant were deprived because of the temporary order,

5-19 order the applicant to permit additional visits with the child to compensate

5-20 the adverse party for any deprived visits with the child in accordance with

5-21 the provisions of NRS 125A.300, 125A.310 and 125A.320; and

5-22 (d) If any rights to custody of a child of the applicant or the adverse

5-23 party are at issue, consider the findings that were made pursuant to

5-24 subsection 2 as a factor in determining custody pursuant to NRS 125.480.

5-25 4. In addition to the other requirements set forth in subsection 3, if

5-26 the court makes the findings set forth in subsection 2:

5-27 (a) The court shall transmit, by the end of the next business day after

5-28 the findings are made, a copy of the findings to each law enforcement

5-29 agency to which the temporary order was transmitted; and

5-30 (b) The clerk of the court shall issue, without fee, a copy of the

5-31 findings to the adverse party and shall transmit a copy of the findings to

5-32 the central repository for Nevada records of criminal history in the same

5-33 manner that other information is transmitted to the central repository

5-34 pursuant to NRS 33.095.

5-35 5. The court may prohibit the adverse party from presenting any

5-36 evidence that is described in subsection 1 if, at any earlier hearing

5-37 concerning the temporary order or an application to convert the

5-38 temporary order into an extended order, the adverse party presented the

5-39 same or similar evidence to the court or had the opportunity to present

5-40 such evidence to the court but failed to do so.

5-41 6. The sanctions provided for in this section are in addition to and not

5-42 in lieu of any other criminal or civil sanction, penalty or remedy that is

5-43 provided by law, and the provisions of this section must not be construed

6-1 so as to prohibit the adverse party or this state or its political subdivisions

6-2 from seeking or obtaining any other criminal or civil sanction, penalty or

6-3 remedy that is provided by law.

6-4 7. The provisions of this section do not apply to a temporary or

6-5 extended order which is issued to a person by a court of another state,

6-6 territory or Indian tribe within the United States and which is registered

6-7 in this state pursuant to NRS 33.090.

6-8 Sec. 13. If a court transmits findings that were made pursuant to

6-9 subsection 2 of section 1 of this act to a court that has jurisdiction

6-10 concerning visitation or custody of a child pursuant to this Title, the court

6-11 that has jurisdiction pursuant to this Title shall, with regard to the

6-12 applicant and adverse party named in the findings:

6-13 1. If any rights of the adverse party to visit a child who is in the

6-14 custody of the applicant were deprived because of the temporary order,

6-15 order the applicant to permit additional visits with the child to compensate

6-16 the adverse party for any deprived visits with the child in accordance with

6-17 the provisions of NRS 125A.300, 125A.310 and 125A.320; and

6-18 2. If any rights to custody of a child of the applicant or the adverse

6-19 party are at issue, consider the findings that were made pursuant to

6-20 subsection 2 of section 1 of this act as a factor in determining custody

6-21 pursuant to NRS 125.480.

6-22 Sec. 14. NRS 125.480 is hereby amended to read as follows:

6-23 125.480 1. In determining custody of a minor child in an action

6-42 child whom the court finds suitable and able to provide proper care and

7-1 guidance for the child, regardless of whether the relative resides within this

7-2 state.

7-3 (d) To any other person or persons whom the court finds suitable and

7-4 able to provide proper care and guidance for the child.

7-5 4. In determining the best interest of the child, the court shall consider,

7-6 among other things:

7-7 (a) The wishes of the child if the child is of sufficient age and capacity

7-8 to form an intelligent preference as to his custody;

7-9 (b) Any nomination by a parent of a guardian for the child; [and]

7-10 (c) Whether either parent or any other person seeking custody has

7-11 engaged in an act of domestic violence against the child, a parent of the

7-12 child or any other person residing with the child [.] ; and

7-13 (d) Whether either parent or any other person seeking custody has

7-14 been sanctioned by a court pursuant to section 1 or 12 of this act for

7-15 filing a false or intentionally misleading application for an order for

7-16 protection against domestic violence that named either parent or any

7-17 other person involved in the custody proceeding as the adverse party.

7-18 5. Except as otherwise provided in subsection 6 or NRS 125A.360, a

7-19 determination by the court after an evidentiary hearing and finding by clear

7-20 and convincing evidence that either parent or any other person seeking

7-21 custody has engaged in one or more acts of domestic violence against the

7-22 child, a parent of the child or any other person residing with the child

7-23 creates a rebuttable presumption that sole or joint custody of the child by

7-24 the perpetrator of the domestic violence is not in the best interest of the

7-25 child. Upon making such a determination, the court shall set forth:

7-26 (a) Findings of fact that support the determination that one or more acts

7-27 of domestic violence occurred; and

7-28 (b) Findings that the custody or visitation arrangement ordered by the

7-29 court adequately protects the child and the parent or other victim of

7-30 domestic violence who resided with the child.

7-31 6. If after an evidentiary hearing held pursuant to subsection 5 the court

7-32 determines that each party has engaged in acts of domestic violence, it

7-33 shall, if possible, then determine which person was the primary physical

7-34 aggressor. In determining which party was the primary physical aggressor

7-35 for the purposes of this section, the court shall consider:

7-36 (a) All prior acts of domestic violence involving either party;

7-37 (b) The relative severity of the injuries, if any, inflicted upon the persons

7-38 involved in those prior acts of domestic violence;

7-39 (c) The likelihood of future injury;

7-40 (d) Whether, during the prior acts, one of the parties acted in self-

7-41 defense; and

7-42 (e) Any other factors which the court deems relevant to the

7-43 determination.

8-1 In such a case, if it is not possible for the court to determine which party is

8-2 the primary physical aggressor, the presumption created pursuant to

8-3 subsection 5 applies to both parties. If it is possible for the court to

8-4 determine which party is the primary physical aggressor, the presumption

8-5 created pursuant to subsection 5 applies only to the party determined by the

8-6 court to be the primary physical aggressor.

8-7 7. As used in this section, "domestic violence" means the commission

8-8 of any act described in NRS 33.018.

8-9 Sec. 15. NRS 125.560 is hereby amended to read as follows:

8-10 125.560 1. A person who violates a [restraining order or injunction:

8-36 paying any fine imposed pursuant to this section.

8-37 Sec. 16. NRS 179A.350 is hereby amended to read as follows:

8-38 179A.350 1. The repository for information concerning orders for

8-43 domestic violence must contain a complete and systematic record of all

9-1 temporary and extended orders for protection against domestic violence

9-2 issued or registered in the State of Nevada, in accordance with regulations

9-3 adopted by the director of the department, including, without limitation,

9-4 any information received pursuant to NRS 33.095. Information received by

9-5 the central repository pursuant to NRS 33.095 must be entered in the

9-6 repository for information concerning orders for protection against

9-7 domestic violence not later than 8 hours after it is received by the central

9-8 repository.

9-9 3. The information in the repository for information concerning orders

9-10 for protection against domestic violence must be accessible by computer at

9-11 all times to each agency of criminal justice.

9-12 4. The repository for information concerning orders for protection

9-13 against domestic violence must not contain any information concerning an

9-14 event that occurred before October 1, 1998.

9-15 5. If the central repository receives from a clerk of a court a copy of

9-16 findings that were made by a court pursuant to section 1 or 12 of this act

9-17 concerning the invalidity of an order for protection against domestic

9-18 violence, the central repository shall remove all information concerning

9-19 that order for protection against domestic violence from the repository for

9-20 information concerning orders for protection against domestic violence.

9-21 Sec. 17. NRS 202.3657 is hereby amended to read as follows:

9-22 202.3657 1. Any person may apply to the sheriff of the county in

9-43 the application pertains and in the laws of this state relating to the proper

10-1 use of a firearm. A sheriff may not approve a course in firearm safety

10-2 pursuant to subparagraph (1) unless he determines that the course meets

10-3 any standards that are established by the Nevada Sheriffs and Chiefs

10-4 Association, or if the Nevada Sheriffs and Chiefs Association ceases to

10-5 exist, its legal successor.

10-6 3. The sheriff shall deny an application or revoke a permit if he

10-7 determines that the applicant or permittee:

10-8 (a) Has an outstanding warrant for his arrest.

10-9 (b) Has been judicially declared incompetent or insane.

10-10 (c) Has been voluntarily or involuntarily admitted to a mental health

10-11 facility during the immediately preceding 5 years.

10-12 (d) Has habitually used intoxicating liquor or a controlled substance to

10-13 the extent that his normal faculties are impaired. For the purposes of this

10-14 paragraph, it is presumed that a person has so used intoxicating liquor or a

10-15 controlled substance if, during the immediately preceding 5 years, he has

10-16 been:

10-17 (1) Convicted of violating the provisions of NRS 484.379; or

10-18 (2) Committed for treatment pursuant to NRS 458.290 to 458.350,

10-19 inclusive.

10-20 (e) Has been convicted of a crime involving the use or threatened use of

10-21 force or violence punishable as a misdemeanor under the laws of this or any

10-22 other state, or a territory or possession of the United States at any time

10-23 during the immediately preceding 3 years.

10-24 (f) Has been convicted of a felony in this state or under the laws of any

10-25 state, territory or possession of the United States.

10-26 (g) [Has] Except as otherwise provided in subsection 5, has been

10-27 convicted of a crime involving domestic violence or stalking, or is currently

10-28 subject to a restraining order, injunction or other order for protection

10-29 against domestic violence.

10-30 (h) Is currently on parole or probation from a conviction obtained in this

10-31 state or in any other state or territory or possession of the United States.

10-32 (i) Has, within the immediately preceding 5 years, been subject to any

10-33 requirements imposed by a court of this state or of any other state or

10-34 territory or possession of the United States, as a condition to the court’s:

10-35 (1) Withholding of the entry of judgment for his conviction of a

10-36 felony; or

10-37 (2) Suspension of his sentence for the conviction of a felony.

10-38 (j) Has made a false statement on any application for a permit or for the

10-39 renewal of a permit.

10-40 4. [The] Except as otherwise provided in subsection 5, the sheriff may

10-41 deny an application or revoke a permit if he receives a sworn affidavit

10-42 stating articulable facts based upon personal knowledge from any natural

10-43 person who is 18 years of age or older that the applicant or permittee has or

11-1 may have committed an offense or engaged in any other activity specified

11-2 in subsection 3 which would preclude the issuance of a permit to the

11-3 applicant or require the revocation of a permit pursuant to this section.

11-4 5. If the sheriff denies an application or revokes a permit because an

11-5 applicant or permittee is currently subject to a restraining order,

11-6 injunction or other order for protection against domestic violence, the

11-7 sheriff shall restore the application or permit, without imposing a fee, if

11-8 the applicant or permittee presents to the sheriff, within 30 days of entry

11-9 by the court, a certified copy of findings that were made by the court

11-10 pursuant to section 1 or 12 of this act concerning the invalidity of the

11-11 order or injunction that was the basis for the sheriff denying the

11-12 application or revoking the permit, unless the sheriff has other lawful

11-13 reasons to deny the application or revoke the permit.

11-14 6. If the sheriff receives notification submitted by a court or law

11-15 enforcement agency of this or any other state, the United States or a

11-16 territory or possession of the United States that a permittee or an applicant

11-17 for a permit has been charged with a crime involving the use or threatened

11-18 use of force or violence, the conviction for which would require the

11-19 revocation of a permit or preclude the issuance of a permit to the applicant

11-20 pursuant to this section, the sheriff shall suspend the person’s permit or the

11-21 processing of his application until the final disposition of the charges

11-22 against him. If a permittee is acquitted of the charges against him, or if the

11-23 charges are dropped, the sheriff shall restore his permit without imposing a

11-24 fee.

11-25 [6.] 7. An application submitted pursuant to this section must be

11-26 completed and signed under oath by the applicant. The applicant’s

11-27 signature must be witnessed by an employee of the sheriff or notarized by a

11-28 notary public. The application must include:

11-29 (a) The name, address, place and date of birth, social security number,

11-30 occupation and employer of the applicant and any other names used by the

11-31 applicant;

11-32 (b) A complete set of the applicant’s fingerprints taken by the sheriff or

11-33 his agent;

11-34 (c) A front-view colored photograph of the applicant taken by the sheriff

11-35 or his agent;

11-36 (d) The applicant’s driver’s license number or identification card

11-37 number issued by the department;

11-38 (e) The make, model and caliber of each firearm to which the

11-39 application pertains;

11-40 (f) A nonrefundable fee in the amount necessary to obtain the report

11-41 required pursuant to subsection 1 of NRS 202.366; and

11-42 (g) A nonrefundable fee set by the sheriff not to exceed $60.