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 178.484 is hereby amended to read as follows:

1-2 178.484 1. Except as otherwise provided in this section, a person

1-12 to bail.

2-1 3. A person arrested for a felony whose sentence has been suspended

2-2 pursuant to NRS 4.373 or 5.055 for a different offense or who has been

2-3 sentenced to a term of residential confinement pursuant to NRS 4.3762 or

2-4 5.076 for a different offense must not be admitted to bail unless:

2-5 (a) A court issues an order directing that the person be admitted to bail;

2-6 or

2-7 (b) A department of alternative sentencing directs the detention facility

2-8 to admit the person to bail.

2-9 4. A person arrested for murder of the first degree may be admitted to

2-10 bail unless the proof is evident or the presumption great by any competent

2-11 court or magistrate authorized by law to do so in the exercise of discretion,

2-12 giving due weight to the evidence and to the nature and circumstances of

2-13 the offense.

2-14 5. A person arrested for a battery [upon his spouse, former spouse, a

2-15 person to whom he is related by blood, a person with whom he is or was

2-16 actually residing or with whom he has a child in common, his minor child

2-17 or a minor child of that person,] that constitutes domestic violence

2-18 pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours

2-19 after his arrest. If the person is admitted to bail more than 12 hours after

2-20 his arrest, pursuant to subsection 5 of NRS 171.178, without appearing

2-21 personally before a magistrate, the amount of bail must be:

2-22 (a) Three thousand dollars, if the person has no previous convictions of

2-23 battery [upon a person listed in this subsection] that constitute domestic

2-24 violence pursuant to NRS 33.018 and there is no reason to believe that the

2-25 battery for which he has been arrested resulted in substantial bodily harm;

2-26 (b) Five thousand dollars, if the person has:

2-27 (1) No previous convictions of battery [upon a person listed in this

2-28 subsection,] that constitute domestic violence pursuant to NRS 33.018,

2-29 but there is reason to believe that the battery for which he has been arrested

2-30 resulted in substantial bodily harm; or

2-31 (2) One previous conviction of battery [upon a person listed in this

2-32 subsection,] that constitutes domestic violence pursuant to NRS 33.018,

2-33 but there is no reason to believe that the battery for which he has been

2-34 arrested resulted in substantial bodily harm; or

2-35 (c) Fifteen thousand dollars, if the person has:

2-36 (1) One previous conviction of battery [upon a person listed in this

2-37 subsection] that constitutes domestic violence pursuant to NRS 33.018

2-38 and there is reason to believe that the battery for which he has been

2-39 arrested resulted in substantial bodily harm; or

2-40 (2) Two or more previous convictions of battery [upon one or more

2-41 persons listed in this subsection.] that constitute domestic violence

2-42 pursuant to NRS 33.018.

3-1 The provisions of this subsection do not affect the authority of a magistrate

3-2 or a court to set the amount of bail when the person personally appears

3-3 before the magistrate or the court. For the purposes of this subsection, a

3-4 person shall be deemed to have a previous conviction of battery that

3-5 constitutes domestic violence pursuant to NRS 33.018 if the person has

3-6 been convicted of such an offense in this jurisdiction or has been

3-7 convicted of violating a law of any other jurisdiction that prohibits the

3-8 same or similar conduct.

3-9 6. The court may, before releasing a person arrested for an offense

3-10 punishable as a felony, require the surrender to the court of any passport

3-11 the person possesses.

3-12 7. Before releasing a person arrested for any crime, the court may

3-13 impose such reasonable conditions on the person as it deems necessary to

3-14 protect the health, safety and welfare of the community and to ensure that

3-15 the person will appear at all times and places ordered by the court,

3-16 including, without limitation:

3-17 (a) Requiring the person to remain in this state or a certain county

3-18 within this state;

3-19 (b) Prohibiting the person from contacting or attempting to contact a

3-20 specific person or from causing or attempting to cause another person to

3-21 contact that person on his behalf;

3-22 (c) Prohibiting the person from entering a certain geographic area; or

3-23 (d) Prohibiting the person from engaging in specific conduct that may

3-24 be harmful to his own health, safety or welfare, or the health, safety or

3-25 welfare of another person.

3-26 In determining whether a condition is reasonable, the court shall consider

3-27 the factors listed in NRS 178.4853.

3-28 8. If a person fails to comply with a condition imposed pursuant to

3-29 subsection 7, the court may, after providing the person with reasonable

3-30 notice and an opportunity for a hearing:

3-31 (a) Deem such conduct a contempt pursuant to NRS 22.010; or

3-32 (b) Increase the amount of bail pursuant to NRS 178.499.

3-33 9. An order issued pursuant to this section that imposes a condition on

3-34 a person admitted to bail must include a provision ordering any law

3-35 enforcement officer to arrest the person if he has probable cause to believe

3-36 that the person has violated a condition of his bail.

3-37 10. Before a person may be admitted to bail, he must sign a document

3-38 stating that:

3-39 (a) He will appear at all times and places as ordered by the court

3-40 releasing him and as ordered by any court before which the charge is

3-41 subsequently heard;

3-42 (b) He will comply with the other conditions which have been imposed

3-43 by the court and are stated in the document; and

4-1 (c) If he fails to appear when so ordered and is taken into custody

4-2 outside of this state, he waives all his rights relating to extradition

4-3 proceedings.

4-4 The signed document must be filed with the clerk of the court of

4-5 competent jurisdiction as soon as practicable, but in no event later than the

4-6 next business day.

4-7 11. If a person admitted to bail fails to appear as ordered by a court

4-8 and the jurisdiction incurs any cost in returning the person to the

4-9 jurisdiction to stand trial, the person who failed to appear is responsible for

4-10 paying those costs as restitution.

4-11 Sec. 2. NRS 33.090 is hereby amended to read as follows:

4-12 33.090 1. A valid order for protection against domestic violence

4-41 specific finding of domestic violence by both parties; or

5-1 (c) The person who is applying to register the order has violated a law

5-2 of the State of Nevada relating to a different protection order issued against

5-3 him,

5-4 the court may refuse to register and enforce the order and may determine

5-5 whether to issue its own temporary or extended order.

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

5-7 Indian tribe presented pursuant to this section which appears authentic on

5-8 its face must be presumed valid.

5-9 [6.] 7. A court, law enforcement officer or any other person who

5-10 enforces an order for protection against domestic violence based upon a

5-11 reasonable belief that the order is valid is immune from civil liability for

5-12 any action taken based on that belief.

5-13 [7.] 8. The clerk of the court shall maintain a record of each order

5-14 registered pursuant to this section.

5-15 [8.] 9. The clerk shall not charge a fee for an application to register or

5-16 for registering an order pursuant to this section.

5-17 [9.] 10. The clerk shall inform the protected party upon the successful

5-18 transfer of information concerning the registration to the central repository

5-19 for Nevada records of criminal history as required pursuant to NRS

5-20 33.095.

5-21 Sec. 3. NRS 62.040 is hereby amended to read as follows:

5-22 62.040 1. Except if the child involved is subject to the exclusive

5-41 the mentally retarded.

6-1 2. For the purposes of subsection 1, each of the following acts shall be

6-2 deemed not to be a delinquent act, and the court does not have jurisdiction

6-3 of a person who is charged with committing such an act:

6-4 (a) Murder or attempted murder and any other related offense arising

6-5 out of the same facts as the murder or attempted murder, regardless of the

6-6 nature of the related offense.

6-7 (b) Sexual assault or attempted sexual assault involving the use or

6-8 threatened use of force or violence against the victim and any other related

6-9 offense arising out of the same facts as the sexual assault or attempted

6-10 sexual assault, regardless of the nature of the related offense, if:

6-11 (1) The person was 16 years of age or older when the sexual assault

6-12 or attempted sexual assault was committed; and

6-13 (2) Before the sexual assault or attempted sexual assault was

6-14 committed, the person previously had been adjudicated delinquent for an

6-15 act that would have been a felony if committed by an adult.

6-16 (c) An offense or attempted offense involving the use or threatened use

6-17 of a firearm and any other related offense arising out of the same facts as

6-18 the offense or attempted offense involving the use or threatened use of a

6-19 firearm, regardless of the nature of the related offense, if:

6-20 (1) The person was 16 years of age or older when the offense or

6-21 attempted offense involving the use or threatened use of a firearm was

6-22 committed; and

6-23 (2) Before the offense or attempted offense involving the use or

6-24 threatened use of a firearm was committed, the person previously had been

6-25 adjudicated delinquent for an act that would have been a felony if

6-26 committed by an adult.

6-27 (d) Any other offense if, before the offense was committed, the person

6-28 previously had been convicted of a criminal offense.

6-29 3. If a child is charged with a minor traffic offense, the court may

6-30 transfer the case and record to a justice’s or municipal court if the judge

6-31 determines that it is in the best interest of the child. If a case is so

6-32 transferred:

6-33 (a) The restrictions set forth in subsection [4] 5 of NRS 62.170 are

6-34 applicable in those proceedings; and

6-35 (b) The child must be accompanied at all proceedings by a parent or

6-36 legal guardian.

6-37 With the consent of the judge of the juvenile division, the case may be

6-38 transferred back to the juvenile court.

6-39 Sec. 4. NRS 62.170 is hereby amended to read as follows:

6-40 62.170 1. Except as otherwise provided in NRS 62.175, any peace

6-43 in need of supervision. Except as otherwise provided in NRS 484.383,

7-1 when a child is taken into custody, the officer shall immediately notify the

7-2 parent, guardian or custodian of the child, if known, and the probation

7-3 officer. Unless it is impracticable or inadvisable or has been otherwise

7-4 ordered by the court, or is otherwise provided in this section, the child

7-5 must be released to the custody of his parent or other responsible adult who

7-6 has signed a written agreement to bring the child to the court at a stated

7-7 time or at such time as the court may direct. The written agreement must

7-8 be submitted to the court as soon as possible. If this person fails to produce

7-9 the child as agreed or upon notice from the court, a writ may be issued for

7-10 the attachment of the person or of the child requiring that the person or

7-11 child, or both of them, be brought into the court at a time stated in the writ.

7-12 2. A child who is taken into custody for committing a battery that

7-13 constitutes domestic violence pursuant to NRS 33.018 must not be

7-14 released for at least 12 hours after he is taken into custody.

7-15 3. If the child is not released, as provided in subsection 1, the child

7-16 must be taken without unnecessary delay to the court or to the place of

7-17 detention designated by the court, and, as soon as possible thereafter, the

7-18 fact of detention must be reported to the court. [Pending] Except as

7-19 otherwise provided in subsection 2, pending further disposition of the case

7-20 the child may be released to the custody of the parent or other person

7-21 appointed by the court, or may be detained in such place as is designated

7-22 by the court, subject to further order. [The] Except as otherwise provided

7-23 in subsection 2, the court may authorize supervised detention at the home

7-24 of the child in lieu of detention at a facility for the detention of juveniles.

7-25 [3. A]

7-26 4. Except as otherwise provided in subsection 2, a child alleged to be

7-27 delinquent or in need of supervision must not, before disposition of the

7-28 case, be detained in a facility for the secure detention of juveniles unless

7-29 there is probable cause to believe that:

7-30 (a) If the child is not detained, he is likely to commit an offense

7-31 dangerous to himself or to the community, or likely to commit damage to

7-32 property;

7-33 (b) The child will run away or be taken away so as to be unavailable for

7-34 proceedings of the court or to its officers;

7-35 (c) The child was brought to the probation officer pursuant to a court

7-36 order or warrant; or

7-37 (d) The child is a fugitive from another jurisdiction.

7-38 [4.] 5. A child not alleged to be delinquent or in need of supervision

7-39 must not at any time be confined or detained in a facility for the secure

7-40 detention of juveniles or any police station, lockup, jail, prison or other

7-41 facility in which adults are detained or confined.

7-42 [5.] 6. A child under 18 years of age must not at any time be confined

7-43 or detained in any police station, lockup, jail, prison or other facility where

8-1 the child has regular contact with any adult convicted of a crime or under

8-2 arrest and charged with a crime, unless:

8-3 (a) The child is alleged to be delinquent;

8-4 (b) An alternative facility is not available; and

8-5 (c) The child is separated by sight and sound from any adults who are

8-6 confined or detained therein.

8-7 [6.] 7. A child alleged to be delinquent who is taken into custody and

8-8 detained must be given a detention hearing, conducted by the judge or

8-9 master:

8-10 (a) Within 24 hours after the child submits a written application;

8-11 (b) In a county whose population is less than 100,000, within 24 hours

8-12 after the commencement of detention at a police station, lockup, jail,

8-13 prison or other facility in which adults are detained or confined;

8-14 (c) In a county whose population is 100,000 or more, within 6 hours

8-15 after the commencement of detention at a police station, lockup, jail,

8-16 prison or other facility in which adults are detained or confined; or

8-17 (d) Within 72 hours after the commencement of detention at a facility in

8-18 which adults are not detained or confined,

8-19 whichever occurs first, excluding Saturdays, Sundays and holidays. A

8-20 child must not be released after a detention hearing without the written

8-21 consent of the judge or master.

8-22 [7.] 8. If the parent, guardian or custodian of the child appears with or

8-23 on behalf of the child at a detention hearing, the judge or master shall

8-24 provide to him a certificate of attendance which he may provide to his

8-25 employer. The certificate of attendance must set forth the date and time of

8-26 appearance and the provisions of NRS 62.900. The certificate of

8-27 attendance must not set forth the name of the child or the offense alleged.

8-28 [8.] 9. A child who is taken into custody and detained must, if alleged

8-29 to be a child in need of supervision, be released within 24 hours, excluding

8-30 Saturdays, Sundays and holidays, after his initial contact with a peace

8-31 officer to his parent, guardian or custodian, to any other person who is able

8-32 to provide adequate care and supervision, or to shelter care, except as

8-33 otherwise provided in subsection [9] 10 or unless the court holds a

8-34 detention hearing and determines the child:

8-35 (a) Has threatened to run away from home or from the shelter;

8-36 (b) Is accused of violent behavior at home; or

8-37 (c) Is accused of violating the terms of his supervision and consent

8-38 decree.

8-39 If the court makes such a determination, the child may be detained for an

8-40 additional 24 hours after the hearing, excluding Saturdays, Sundays and

8-41 holidays, if needed by the court to make an alternative placement. Such an

8-42 alternative placement must be in a facility in which there are no physically

8-43 restraining devices or barriers. A child must not be detained pursuant to

9-1 this subsection for a total period in excess of 48 hours, excluding

9-2 Saturdays, Sundays and holidays.

9-3 [9.] 10. A child alleged to be in need of supervision who is taken into

9-4 custody and detained need not be released within 24 hours, excluding

9-5 Saturdays, Sundays and holidays, after his initial contact with a peace

9-6 officer to his parent, guardian or custodian, to any other person who is able

9-7 to provide adequate care and supervision, or to a shelter for care, if the

9-8 court holds a detention hearing and determines the child:

9-9 (a) Is a ward of a federal court or held pursuant to federal statute;

9-10 (b) Has run away from another state and a jurisdiction within the state

9-11 has issued a want, warrant or request for the child; or

9-12 (c) Is accused of violating a valid court order.

9-13 If the court makes such a determination, the child may be detained for such

9-14 an additional period as necessary for the court to return the child to the

9-15 jurisdiction from which he originated or to make an alternative placement.

9-16 Such an alternative placement must be in a facility in which there are no

9-17 physically restraining devices or barriers.

9-18 [10.] 11. During the pendency of a criminal or quasi-criminal charge

9-19 of a crime excluded from the original jurisdiction of the court pursuant to

9-20 NRS 62.040, a child may petition the juvenile division for temporary

9-21 placement in a facility for the detention of juveniles.

9-22 [11.] 12. In determining whether to release a child pursuant to this

9-23 section to a person other than his parent, guardian or custodian, preference

9-24 must be given to any person related within the third degree of

9-25 consanguinity to the child who is suitable and able to provide proper care

9-26 and guidance for the child.

9-27 Sec. 5. The amendatory provisions of section 1 of this act do not

9-28 apply to a person who is admitted to bail before October 1, 1999.