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 a

1-2 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.

1-7 2. In addition to the written notice required by NRS 174.234, a

1-8 defendant who intends to offer the affirmative defense described in

1-9 subsection 1 shall, not less than 20 days before trial or at such other time

1-10 as the court directs, file and serve upon the prosecuting attorney a written

1-11 notice of his intent to claim the affirmative defense. The written notice

1-12 must include:

1-13 (a) The specific affirmative defense that the defendant is asserting;

1-14 and

1-15 (b) The name and last known address of each witness by whom the

1-16 defendant proposes to establish the affirmative defense.

2-1 3. Not later than 10 days after receiving the written notice set forth in

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

2-3 attorney shall file and serve upon the defendant a written notice that

2-4 includes the name and last known address of each witness the

2-5 prosecuting attorney proposes to offer in rebuttal at trial to discredit the

2-6 affirmative defense claimed by the defendant.

2-7 4. Each party has a continuing duty to file and serve upon the

2-8 opposing party any change in the last known address of any witness that

2-9 the party proposes to offer to establish or discredit the affirmative defense

2-10 described in subsection 1.

2-11 5. Each party has a continuing duty to disclose promptly the names

2-12 and last known addresses of any additional witnesses which come to the

2-13 attention of that party and which that party proposes to offer to establish

2-14 or discredit the affirmative defense described in subsection 1.

2-15 6. If the defendant or prosecuting attorney fails to comply with the

2-16 requirements set forth in this section, in addition to any sanctions or

2-17 protective orders otherwise provided in chapter 174 of NRS, the court

2-18 may grant a continuance to permit the opposing party time to prepare.

2-19 7. A prosecuting attorney shall provide notice of the requirements of

2-20 this section to a defendant when a complaint is served upon the

2-21 defendant for a violation of NRS 201.020.

2-22 8. For the purposes of this section, a defendant is not "unable to

2-23 provide the child support or spousal support ordered by a court" if,

2-24 during the period that the defendant was obligated to provide and failed

2-25 to provide child support or spousal support, the defendant was:

2-26 (a) Voluntarily unemployed or underemployed without good cause or

2-27 to avoid payment of child support or spousal support, including, without

2-28 limitation, not using reasonable diligence to secure sufficient

2-29 employment; or

2-30 (b) Unable to pay the child support or spousal support ordered by a

2-31 court because of his excessive spending, indebtedness or other legal

2-32 obligation, unless the spending, indebtedness or other legal obligation

2-33 was not within the control of the defendant.

2-34 Sec. 2. NRS 201.015 is hereby amended to read as follows:

2-35 201.015 For the purposes of NRS 201.020 to 201.080, inclusive, and

2-38 emancipated pursuant to NRS 129.080 to 129.140, inclusive.

2-39 Sec. 3. NRS 201.020 is hereby amended to read as follows:

2-40 201.020 1. [A husband or wife who, without just cause, deserts,

2-43 of his :

3-1 (a) Spouse or former spouse [in destitute or necessitous circumstances,

3-2 or any parent who without lawful excuse deserts or willfully neglects or

3-3 refuses to provide for the support and maintenance of his legitimate or

3-4 illegitimate minor] ;

3-5 (b) Minor child ; or [children, or any parent who without lawful excuse

3-6 deserts or willfully neglects or refuses to provide for the support and

3-7 maintenance of his legitimate or illegitimate child or children]

3-8 (c) Child who upon arriving at the age of majority [are] is unable to

3-9 provide [themselves with support and maintenance] support for himself

3-10 because of his infirmity, incompetency or other legal disability that was

3-11 contracted before [their reaching] he reached the age of majority, [shall be

3-12 punished:

3-13 (a) If the conduct for which the defendant was convicted persisted for

3-14 less than 6 months, for]

3-15 as ordered by a court, is guilty of a misdemeanor . [or, if such conduct

3-16 persisted for more than 6 months, for a gross misdemeanor or, if for more

3-17 than 1 year, for a category C felony by imprisonment in the state prison for

3-18 a minimum term of not less than 1 year and a maximum term of not more

3-19 than 5 years, or by a fine of not more than $5,000, or by both fine and

3-20 imprisonment.

3-21 (b) For any subsequent offense for]

3-22 2. A person who violates the provisions of subsection 1 is guilty of a

3-23 category C felony and shall be punished as provided in NRS 193.130 [.

3-24 2. In addition to other orders which the court may make relative to the

3-25 defendant’s obligation to provide support to his spouse and children, the

3-26 court may impose an intermittent sentence on a person found guilty of a

3-27 violation of subsection 1 if it finds that such a sentence would be in the best

3-28 interest of the defendant’s spouse and child or children.] if:

3-29 (a) It is a second or subsequent violation of subsection 1 or an offense

3-30 committed in another jurisdiction that, if committed in this state, would

3-31 be a violation of subsection 1; and

3-32 (b) His arrearages for nonpayment of the child support or spousal

3-33 support ordered by a court total $5,000 or more and have accrued over

3-34 any period since the date that a court first ordered the defendant to

3-35 provide for such support.

3-36 3. A prosecution for a violation of subsection 1 may be brought in a

3-37 court of competent jurisdiction in any county in which:

3-38 (a) A court has issued a valid order for the defendant to pay child

3-39 support or spousal support;

3-40 (b) The defendant resides;

4-1 (c) The custodial parent or custodian of the child for whom the

4-2 defendant owes child support resides;

4-3 (d) The spouse or former spouse to whom the defendant owes spousal

4-4 support resides; or

4-5 (e) The child for whom the defendant owes child support resides.

4-6 Sec. 4. NRS 201.030 is hereby amended to read as follows:

4-7 201.030 Proceedings under NRS 201.020 to 201.080, inclusive, may

4-11 offenses] an offense named in NRS 201.020.

4-12 Sec. 5. NRS 201.070 is hereby amended to read as follows:

4-13 201.070 1. No other or greater evidence is required to prove the

4-28 is willful.] failure was knowing.

4-29 Sec. 6. NRS 126.041 is hereby amended to read as follows:

4-30 126.041 The parent and child relationship between a child and:

4-36 3. An adoptive parent may be established by proof of adoption.

4-37 Sec. 7. NRS 201.025, 201.040, 201.050 and 201.060 are hereby

4-38 repealed.

5-1 Sec. 8. The amendatory provisions of this act do not apply to offenses

5-2 committed before October 1, 1999.

5-3 TEXT OF REPEALED SECTIONS

5-4 201.025 District attorney to establish parentage of child and take

5-16 201.040 Temporary order for support. Notwithstanding provisions

5-24 201.050 Powers of court in addition to imposition of criminal

5-38 in such sum as the court may order and approve.

6-1 2. The condition of the recognizance must be such that if the defendant

6-2 makes his personal appearance in court whenever ordered to do so, and

6-3 complies with the terms of the order of support, or of any subsequent

6-4 modification thereof, then the recognizance is void.

6-5 201.060 Trial of defendant upon proof of violation of court order.