Assembly Bill No. 688–Committee on Judiciary

(On Behalf of Legislative Counsel)

May 18, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Amends Assembly Bill No. 456 of 1999 Legislative Session. (BDR 11-1752)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to domestic relations; amending Assembly Bill No. 456 of the 1999 Legislative Session to revise the requirements for determining custody and rights to visitation of a parent who is convicted of first degree murder of the other parent of the child; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Sections 2 and 5 of Assembly Bill No. 456 of this session

1-2 are hereby amended to read as follows:

1-3 Sec. 2. If a parent of a child is convicted of murder of the

1-4 first degree for the murder of the other parent of the child:

1-5 1. A court shall not enter an order awarding custody to or

1-6 rights to visitation with the child to the parent so convicted, unless

1-7 the child who is the subject of the order is of suitable age to

1-8 signify his assent and assents to the order.

1-9 2. Until the court makes a determination pursuant to

1-10 subsection 1, no person may bring the child into the presence of

1-11 the parent without the consent of the legal guardian or custodian

1-12 of the child.

1-13 Sec. 5. If a parent of a child is convicted of murder of the

1-14 first degree for the murder of the other parent of the child:

1-15 1. A court shall not enter an order awarding custody to or

1-16 rights to visitation with the child to the parent so convicted, unless

1-17 the child who is the subject of the order is of suitable age to

2-1 signify his assent and assents to the order. A court, agency,

2-2 institution or other person who places a child in protective

2-3 custody shall not release a child to the custody of a parent

2-4 convicted of murder of the first degree for the murder of the other

2-5 parent of the child.

2-6 2. Until the court makes a determination pursuant to

2-7 subsection 1, no person may bring the child into the presence of

2-8 the parent so convicted without the consent of the legal guardian

2-9 or custodian of the child.

2-10 Sec. 2. This act becomes effective upon passage and approval.

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