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 201 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows;

1-3 1. Except as otherwise provided in this subsection, in a prosecution

1-4 for a violation of NRS 201.020, the defendant may claim as an

1-5 affirmative defense that he was unable to provide the child support or

1-6 spousal support ordered by a court. A defendant may not claim the

1-7 affirmative defense set forth in this subsection if, during the period that

1-8 the defendant was obligated to provide and failed to provide child support

1-9 or spousal support, the defendant was:

1-10 (a) Voluntarily unemployed or underemployed, including, without

1-11 limitation, not using reasonable diligence to secure sufficient

1-12 employment; or

1-13 (b) Unable to pay the child support or spousal support ordered by a

1-14 court because of his excessive spending, indebtedness or other legal

1-15 obligation.

2-1 2. In addition to the written notice required by NRS 174.234, a

2-2 defendant who intends to offer the affirmative defense described in

2-3 subsection 1 shall, not less than 20 days before trial or at such other time

2-4 as the court directs, file and serve upon the prosecuting attorney a written

2-5 notice of his intent to claim the affirmative defense. The written notice

2-6 must include:

2-7 (a) A detailed description of the factual basis for the affirmative

2-8 defense; and

2-9 (b) The name and last known address of each witness by whom the

2-10 defendant proposes to establish the affirmative defense.

2-11 3. Not later than 10 days after receiving the written notice set forth in

2-12 subsection 2 or at such other time as the court directs, the prosecuting

2-13 attorney shall file and serve upon the defendant a written notice that

2-14 includes the name and last known address of each witness the

2-15 prosecuting attorney proposes to offer in rebuttal at trial to discredit the

2-16 affirmative defense claimed by the defendant.

2-17 4. Each party has a continuing duty to file and serve upon the

2-18 opposing party any change in the last known address of any witness that

2-19 the party proposes to offer to establish or discredit the affirmative defense

2-20 described in subsection 1.

2-21 5. Each party has a continuing duty to disclose promptly the names

2-22 and last known addresses of any additional witnesses which come to the

2-23 attention of that party and which that party proposes to offer to establish

2-24 or discredit the affirmative defense described in subsection 1.

2-25 6. If the defendant or prosecuting attorney fails to comply with the

2-26 requirements set forth in this section, in addition to any sanctions or

2-27 protective orders otherwise provided in chapter 174 of NRS, the court

2-28 may grant a continuance to permit the opposing party time to prepare.

2-29 Sec. 2. NRS 201.015 is hereby amended to read as follows:

2-30 201.015 For the purposes of NRS 201.020 to 201.080, inclusive, and

2-33 emancipated pursuant to NRS 129.080 to 129.140, inclusive.

2-34 Sec. 3. NRS 201.020 is hereby amended to read as follows:

2-35 201.020 1. [A husband or wife who, without just cause, deserts,

2-42 illegitimate minor] ;

3-1 (b) Minor child ; or [children, or any parent who without lawful excuse

3-2 deserts or willfully neglects or refuses to provide for the support and

3-3 maintenance of his legitimate or illegitimate child or children]

3-4 (c) Child who upon arriving at the age of majority [are] is unable to

3-5 provide [themselves with support and maintenance] support for himself

3-6 because of his infirmity, incompetency or other legal disability that was

3-7 contracted before [their reaching] he reached the age of majority, [shall be

3-8 punished:

3-9 (a) If the conduct for which the defendant was convicted persisted for

3-10 less than 6 months, for]

3-11 as ordered by a court, is guilty of a misdemeanor . [or, if such conduct

3-12 persisted for more than 6 months, for a gross misdemeanor or, if for more

3-13 than 1 year, for a category C felony by imprisonment in the state prison for

3-14 a minimum term of not less than 1 year and a maximum term of not more

3-15 than 5 years, or by a fine of not more than $5,000, or by both fine and

3-16 imprisonment.

3-17 (b) For any subsequent offense for]

3-18 2. A person who violates the provisions of subsection 1 is guilty of a

3-19 category C felony and shall be punished as provided in NRS 193.130 [.

3-20 2. In addition to other orders which the court may make relative to the

3-21 defendant’s obligation to provide support to his spouse and children, the

3-22 court may impose an intermittent sentence on a person found guilty of a

3-23 violation of subsection 1 if it finds that such a sentence would be in the

3-24 best interest of the defendant’s spouse and child or children.] if:

3-25 (a) It is a second or subsequent violation of subsection 1 or an offense

3-26 committed in another jurisdiction that, if committed in this state, would

3-27 be a violation of subsection 1; or

3-28 (b) His arrearages for nonpayment of the child support or spousal

3-29 support ordered by a court total $5,000 or more.

3-30 3. A prosecution for a violation of subsection 1 may be brought in a

3-31 court of competent jurisdiction in any county in which:

3-32 (a) A court has issued a valid order for the defendant to pay child

3-33 support or spousal support;

3-34 (b) The defendant resides;

3-35 (c) The custodial parent or custodian of the child for whom the

3-36 defendant owes child support resides;

3-37 (d) The spouse or former spouse to whom the defendant owes spousal

3-38 support resides; or

3-39 (e) The child for whom the defendant owes child support resides.

3-40 Sec. 4. NRS 201.030 is hereby amended to read as follows:

3-41 201.030 Proceedings under NRS 201.020 to 201.080, inclusive, may

3-43 or child or children, or by any other person, including the district attorney ,

4-1 [as provided in NRS 201.025,] against any person guilty of [either of the

4-2 offenses] an offense named in NRS 201.020.

4-3 Sec. 5. NRS 201.070 is hereby amended to read as follows:

4-4 201.070 1. No other or greater evidence is required to prove the

4-19 refusal is willful.] failure was knowing.

4-20 Sec. 6. NRS 126.041 is hereby amended to read as follows:

4-21 126.041 The parent and child relationship between a child and:

4-27 3. An adoptive parent may be established by proof of adoption.

4-28 Sec. 7. NRS 201.025, 201.040, 201.050 and 201.060 are hereby

4-29 repealed.

4-30 Sec. 8. The amendatory provisions of this act do not apply to offenses

4-31 committed before October 1, 1999.

4-32 TEXT OF REPEALED SECTIONS

4-33 201.025 District attorney to establish parentage of child and take

4-38 action as is necessary to establish the parentage of such child and locate,

5-1 apprehend and take legal action against the deserting or nonsupporting

5-2 parent.

5-3 2. In a county where the district attorney has deputies to aid him in the

5-4 performance of his duties, such district attorney shall designate himself or

5-5 a particular deputy as responsible for performing the duties imposed by

5-6 subsection 1.

5-7 201.040 Temporary order for support. Notwithstanding

5-15 201.050 Powers of court in addition to imposition of criminal

5-34 201.060 Trial of defendant upon proof of violation of court order.