Assembly Bill No. 370–Assemblymen Leslie, Bache, Parks, Price, McClain, Anderson, Arberry, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Humke, Koivisto, Manendo, Mortenson, Neighbors, Parnell, Smith and Tiffany

 

March 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Authorizes employers to obtain orders for protection against harassment in workplace and establishes procedures for obtaining such orders. (BDR 3‑720)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to injunctions; authorizing employers to obtain orders for protection against harassment in the workplace to protect employers, employees and persons at the workplace from harassment by other persons; establishing the procedure for obtaining such an order; providing a penalty; 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. Chapter 33 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 19, inclusive, of this act.

1-3    Sec. 2. As used in sections 2 to 19, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3, 4

1-5  and 5 of this act have the meanings ascribed to them in those sections.

1-6    Sec. 3.  “Employee” means a person who is employed by an

1-7  employer, including, without limitation, an independent contractor.

1-8    Sec. 4.  “Employer” means a public or private employer in this state,

1-9  including, without limitation, the State of Nevada, an agency of this state

1-10  and a political subdivision of this state.

1-11    Sec. 5.  “Order for protection against harassment in the workplace”

1-12  means an order issued pursuant to section 8 of this act.

1-13    Sec. 6.  Harassment in the workplace occurs when:

1-14    1.  A person knowingly threatens to cause or commits an act that

1-15  causes:

2-1    (a) Bodily injury to himself or another person;

2-2    (b) Damage to the property of another person; or

2-3    (c) Substantial harm to the physical or mental health or safety of a

2-4  person;

2-5    2.  The threat is made or the act is committed against an employer, an

2-6  employee of the employer while the employee performs his duties of

2-7  employment or a person present at the workplace of the employer; and

2-8    3.  The threat or act would cause a reasonable person to be seriously

2-9  alarmed or annoyed.

2-10    Sec. 7.  1.  An employer or an authorized agent of an employer who

2-11  reasonably believes that harassment in the workplace has occurred may

2-12  file a verified application for an order for protection against harassment

2-13  in the workplace against the person who allegedly committed the

2-14  harassment.

2-15    2.  The verified application must include, without limitation:

2-16    (a) The name of the employer seeking the order;

2-17    (b) The name and address, if known, of the person who allegedly

2-18  committed the harassment in the workplace; and

2-19    (c) A detailed description of the events that allegedly constituted

2-20  harassment in the workplace and the dates on which these events

2-21  occurred.

2-22    Sec. 8.  1.  If it appears to the satisfaction of the court from specific

2-23  facts shown by a verified application filed pursuant to section 7 of this

2-24  act, after reviewing the application, that harassment in the workplace has

2-25  occurred, the court may issue an order for protection against such

2-26  harassment.

2-27    2.  The court may require the employer or the person who allegedly

2-28  committed the harassment, or both, to appear before it before

2-29  determining whether to issue the order for protection against harassment

2-30  in the workplace.

2-31    3.  The court may issue an order for protection against harassment in

2-32  the workplace without notice to the person who allegedly committed the

2-33  harassment if the court finds that:

2-34    (a) There is reasonable evidence that the person committed

2-35  harassment in the workplace or that good cause exists to believe that

2-36  great or irreparable harm would result to the employer, an employee of

2-37  the employer while the employee performs his duties of employment or a

2-38  person who is present at the workplace of the employer; and

2-39    (b) There are specific facts that attest to the efforts of the employer to

2-40  provide notice of the application and hearing to the person who allegedly

2-41  committed the harassment in the workplace or there are reasons

2-42  supporting the claim of the employer that notice should not be given to

2-43  the person.

2-44    4.  If an order for protection against harassment in the workplace is

2-45  issued without notice to the person who allegedly committed the

2-46  harassment and without a hearing, the person may, at any time during

2-47  the period that the order is in effect, petition the court for a hearing on

2-48  the order. The hearing must be held as soon as reasonably possible and

2-49  not later than 10 days after the date on which the petition for a hearing is

3-1  filed with the court unless the court determines that there are compelling

3-2  reasons to hold the hearing at a later date. At the hearing, the court may

3-3  dissolve, modify or continue the order.

3-4    5.  If the court denies a verified application for an order for

3-5  protection against harassment in the workplace, the court may schedule

3-6  a further hearing within 10 days after the denial if the notice of the

3-7  hearing is provided to the person who allegedly committed the

3-8  harassment.

3-9    6.  An order for protection against harassment in the workplace

3-10  expires within such time, not to exceed 1 year, as the court fixes.

3-11    7.  The clerk of the court shall inform the employer seeking the order

3-12  upon the successful transfer of information concerning the registration

3-13  to the central repository for Nevada records of criminal history as

3-14  required pursuant to section 15 of this act.

3-15    Sec. 9.  1.  An order for protection against harassment in the

3-16  workplace may:

3-17    (a) Enjoin the person who allegedly committed the harassment from

3-18  contacting the employer, an employee of the employer while the employee

3-19  is performing his duties of employment and any person while the person

3-20  is present at the workplace of the employer;

3-21    (b) Order the person who allegedly committed the harassment to stay

3-22  away from the workplace of the employer;

3-23    (c) Order the person who allegedly committed the harassment to pay

3-24  all costs and fees incurred by the employer in bringing the action for the

3-25  order; and

3-26    (d) Order such other relief as the court deems necessary to protect the

3-27  employer, the workplace of the employer, the employees of the employer

3-28  while performing their duties of employment and any other persons who

3-29  are present at the workplace.

3-30    2.  A court may not issue an order for protection against harassment

3-31  in the workplace against more than one person.

3-32    3.  An order for protection against harassment in the workplace

3-33  must:

3-34    (a) Specify, as applicable, the county and city, if any, in which the

3-35  workplace of the employer is located and in which the employees of the

3-36  employer perform their duties of employment;

3-37    (b) If the court granted the order pursuant to an ex parte hearing:

3-38      (1) Include a statement that the person who allegedly committed the

3-39  harassment is entitled to a hearing on the order if he files a petition for a

3-40  hearing pursuant to section 8 of this act; and

3-41      (2) Include the name and address of the court in which the petition

3-42  for a hearing may be filed;

3-43    (c) Include a provision ordering any law enforcement officer to arrest

3-44  a person who allegedly committed the harassment, with or without a

3-45  warrant, if the officer has probable cause to believe that the person has

3-46  received a copy of the order and has violated a provision of the order;

3-47  and

3-48    (d) Include the following statement:

 

4-1  WARNING

4-2  This is an official court order. If you disobey this order, you may be

4-3  arrested and prosecuted for the crime of violating an order for

4-4  protection against harassment in the workplace and any other crime

4-5  that you may have committed in disobeying this order.

 

4-6    4.  If a court issues an order for protection against harassment in the

4-7  workplace, an interlocutory appeal lies to the district court, which may

4-8  affirm, modify or vacate the order in question. The appeal may be taken

4-9  without bond, but its taking does not stay the effect or enforcement of the

4-10  order.

4-11    Sec. 10.  An order for protection against harassment in the

4-12  workplace is in addition to and not in lieu of any other available civil or

4-13  criminal action. An employer is not barred from seeking an order

4-14  because of other pending proceedings.

4-15    Sec. 11.  1.  A court shall transmit, by the end of the next business

4-16  day after an order for protection against harassment in the workplace is

4-17  issued, a copy of the order to the appropriate law enforcement agency

4-18  that has jurisdiction over the workplace of the employer or the areas in

4-19  which the employees of the employer perform their duties of employment.

4-20    2.  The court may order the appropriate law enforcement agency to

4-21  serve the person who allegedly committed the harassment personally with

4-22  the order if it finds that such service is necessary to avoid an act of

4-23  violence and to file with or mail to the clerk of the court proof of service

4-24  by the end of the next business day after service is made. Service of an

4-25  application for an order, the notice of hearing thereon and the order

4-26  must be served upon the person who allegedly committed the harassment

4-27  pursuant to the Nevada Rules of Civil Procedure.

4-28    3.  A law enforcement agency shall enforce an order for protection

4-29  against harassment in the workplace without regard to the county in

4-30  which the order was issued.

4-31    4.  The clerk of the court that issued an order for protection against

4-32  harassment in the workplace shall issue a copy of the order to the

4-33  employer who requested the order and the person who allegedly

4-34  committed the harassment.

4-35    Sec. 12.  1.  Whether or not a violation occurs in the presence of a

4-36  law enforcement officer, the officer may, with or without a warrant,

4-37  arrest and take into custody a person if the officer has probable cause to

4-38  believe that:

4-39    (a) An order has been issued pursuant to section 8 of this act against

4-40  the person;

4-41    (b) The person has received a copy of the order; and

4-42    (c) The person is acting in violation of the order.

4-43    2.  If a law enforcement officer cannot verify that the person was

4-44  served with a copy of the order, the officer shall:

4-45    (a) Inform the person of the specific terms and conditions of the

4-46  order;

4-47    (b) Inform the person that he now has notice of the provisions of the

4-48  order and that a violation of the order will result in his arrest; and

5-1    (c) Inform the person of the location of the court that issued the

5-2  original order and the hours during which the person may obtain a copy

5-3  of the order.

5-4    3.  Information concerning the terms and conditions of the order, the

5-5  date and time of the notice provided to the person and the name and

5-6  identifying number of the officer who gave the notice must be provided in

5-7  writing to the employer and the court that issued the order and noted in

5-8  the records of the law enforcement agency and the court.

5-9    Sec. 13.  1.  A valid order for protection against harassment in the

5-10  workplace issued by a court of another state, territory or Indian tribe

5-11  within the United States must be accorded full faith and credit by the

5-12  courts of this state and enforced as if it were issued by a court in this

5-13  state, regardless of whether the order has been registered in this state.

5-14    2.  An employer or an authorized agent of an employer may apply to a

5-15  court of this state to register an order for protection against harassment

5-16  in the workplace issued by the court of another state, territory or Indian

5-17  tribe within the United States by presenting a certified copy of the order

5-18  to the clerk of the court in a judicial district in which the employer

5-19  believes that enforcement may be necessary.

5-20    3.  Upon application by the employer or an authorized agent of an

5-21  employer pursuant to subsection 2, a court of competent jurisdiction in

5-22  this state shall register such an order if:

5-23    (a) The court determines that the issuing court had proper jurisdiction

5-24  over the parties and the subject matter under the laws of the state,

5-25  territory or tribe; and

5-26    (b) The court determines that the person who allegedly committed the

5-27  harassment was given reasonable notice and an opportunity to be heard

5-28  before the order was issued or, in the case of an ex parte order, the

5-29  person was given reasonable notice and an opportunity to petition the

5-30  court for a hearing on the order after the order was issued.

5-31    4.  An order for protection against harassment in the workplace that

5-32  is registered has the same effect and must be enforced in like manner as

5-33  such an order issued by a court of this state.

5-34    5.  The clerk of the court shall maintain a record of each order

5-35  registered pursuant to this section.

5-36    6.  The clerk shall inform the employer upon the successful transfer

5-37  of information concerning the registration to the central repository for

5-38  Nevada records of criminal history as required pursuant to section 15 of

5-39  this act.

5-40    Sec. 14.  1.  An order for protection against harassment in the

5-41  workplace must be presumed valid if the order appears authentic and:

5-42    (a) Is issued by a court of this state; or

5-43    (b) Is issued by a court of another state, territory or Indian tribe

5-44  within the United States and presented pursuant to section 13 of this act.

5-45    2.  A court, law enforcement officer or any other person who enforces

5-46  an order for protection against harassment in the workplace based upon

5-47  a reasonable belief that the order is valid is immune from civil and

5-48  criminal liability for any action taken based on that belief.

6-1    Sec. 15.  Any time that a court issues an order for protection against

6-2  harassment in the workplace and any time that a person serves such an

6-3  order, registers such an order or receives any information or takes any

6-4  other action pursuant to sections 2 to 19, inclusive, of this act, he shall

6-5  cause to be transmitted, in the manner prescribed by the central

6-6  repository for Nevada records of criminal history, any information

6-7  required by the central repository in a manner which ensures that the

6-8  information is received by the central repository by the end of the next

6-9  business day.

6-10    Sec. 16.  If an employer has knowledge that a specific person is the

6-11  target of harassment in the workplace and the employer intends to seek

6-12  an order for protection against such harassment, the employer shall

6-13  make a good faith effort to notify the person who is the target of the

6-14  harassment that the employer intends to seek the order for protection

6-15  against harassment in the workplace.

6-16    Sec. 17.  1.  An employer is immune from civil liability for:

6-17    (a) Seeking an order for protection against harassment in the

6-18  workplace, if the employer acts in good faith in seeking the order; and

6-19    (b) Failing to seek an order for protection against harassment in the

6-20  workplace.

6-21    2.  An action taken or a statement made by an employer pursuant to

6-22  sections 2 to 19, inclusive, of this act:

6-23    (a) Shall not be deemed an admission by the employer of any fact; and

6-24    (b) May be used for the purposes of impeachment.

6-25    Sec. 18.  The provisions of sections 2 to 19, inclusive, of this act do

6-26  not:

6-27    1.  Modify the duty of an employer to provide a safe workplace for the

6-28  employees of the employer and other persons present at the workplace of

6-29  the employer; and

6-30    2.  Prohibit a person from engaging in any constitutionally protected

6-31  exercise of free speech, including, without limitation, speech involving

6-32  labor disputes concerning organized labor.

6-33    Sec. 19.  1.  A person who violates an order for protection against

6-34  harassment in the workplace is guilty of a misdemeanor, unless a more

6-35  severe penalty is prescribed by law for the act that constitutes the

6-36  violation of the order. If the violation is accompanied by a violent

6-37  physical act by that person against a person protected by the order, the

6-38  court shall:

6-39    (a) Impose upon the person who violated the order a fine of $1,000 or

6-40  require him to perform a minimum of 200 hours of work for the

6-41  community;

6-42    (b) Sentence the person who violated the order to imprisonment for

6-43  not fewer than 5 days nor more than 6 months;

6-44    (c) Order the person who violated the order to reimburse the

6-45  employer, in an amount determined by the court, for all costs and

6-46  attorney’s fees incurred by the employer in seeking to enforce the order,

6-47  and for all medical expenses of the employer and any person protected by

6-48  the order that were incurred as a result of the violent physical act; and

7-1    (d) Order the person who violated the order to participate in and

7-2  complete a program of professional counseling, at his own expense, if

7-3  such counseling is available.

7-4    2.  The person who violates an order for protection against

7-5  harassment in the workplace shall comply with the order for

7-6  reimbursement of the employer or any other person protected by the

7-7  order before paying a fine imposed pursuant to this section.

7-8    Sec. 20.  NRS 4.355 is hereby amended to read as follows:

7-9    4.355  1.  A justice of the peace in a township whose population is

7-10  40,000 or more may appoint a referee to take testimony and recommend

7-11  orders and a judgment:

7-12    (a) In any action filed pursuant to NRS 73.010;

7-13    (b) In any action filed pursuant to sections 2 to 19, inclusive, of this

7-14  act;

7-15    (c) In any action for a misdemeanor constituting a violation of chapter

7-16  484 of NRS, except NRS 484.379 and 484.3795; or

7-17    [(c)] (d) In any action for a misdemeanor constituting a violation of a

7-18  county traffic ordinance.

7-19    2.  The referee must meet the qualifications of a justice of the peace as

7-20  set forth in subsections 1 and 2 of NRS 4.010.

7-21    3.  The referee:

7-22    (a) Shall take testimony;

7-23    (b) Shall make findings of fact, conclusions of law and

7-24  recommendations for an order or judgment;

7-25    (c) May, subject to confirmation by the justice of the peace, enter an

7-26  order or judgment; and

7-27    (d) Has any other power or duty contained in the order of reference

7-28  issued by the justice of the peace.

7-29    4.  The findings of fact, conclusions of law and recommendations of

7-30  the referee must be furnished to each party or his attorney at the conclusion

7-31  of the proceeding or as soon thereafter as possible. Within 5 days after

7-32  receipt of the findings of fact, conclusions of law and recommendations, a

7-33  party may file a written objection. If no objection is filed, the court shall

7-34  accept the findings, unless clearly erroneous, and the judgment may be

7-35  entered thereon. If an objection is filed within the 5-day period, the justice

7-36  of the peace shall review the matter by trial de novo, except that if all of

7-37  the parties so stipulate, the review must be confined to the record.

7-38    5.  A referee must be paid one-half of the hourly compensation of a

7-39  justice of the peace.

7-40    Sec. 21.  NRS 4.370 is hereby amended to read as follows:

7-41    4.370  1.  Except as limited by subsection 2, justices’ courts have

7-42  jurisdiction of the following civil actions and proceedings and no others

7-43  except as otherwise provided by specific statute:

7-44    (a) In actions arising on contract for the recovery of money only, if the

7-45  sum claimed, exclusive of interest, does not exceed $7,500.

7-46    (b) In actions for damages for injury to the person, or for taking,

7-47  detaining or injuring personal property, or for injury to real property where

7-48  no issue is raised by the verified answer of the defendant involving the title

8-1  to or boundaries of the real property, if the damage claimed does not

8-2  exceed $7,500.

8-3    (c) Except as otherwise provided in paragraph (l) in actions for a fine,

8-4  penalty or forfeiture not exceeding $7,500, given by statute or the

8-5  ordinance of a county, city or town, where no issue is raised by the answer

8-6  involving the legality of any tax, impost, assessment, toll or municipal fine.

8-7    (d) In actions upon bonds or undertakings conditioned for the payment

8-8  of money, if the sum claimed does not exceed $7,500, though the penalty

8-9  may exceed that sum. Bail bonds and other undertakings posted in criminal

8-10  matters may be forfeited regardless of amount.

8-11    (e) In actions to recover the possession of personal property, if the value

8-12  of the property does not exceed $7,500.

8-13    (f) To take and enter judgment on the confession of a defendant, when

8-14  the amount confessed, exclusive of interest, does not exceed $7,500.

8-15    (g) Of actions for the possession of lands and tenements where the

8-16  relation of landlord and tenant exists, when damages claimed do not exceed

8-17  $7,500 or when no damages are claimed.

8-18    (h) Of actions when the possession of lands and tenements has been

8-19  unlawfully or fraudulently obtained or withheld, when damages claimed do

8-20  not exceed $7,500 or when no damages are claimed.

8-21    (i) Of suits for the collection of taxes, where the amount of the tax sued

8-22  for does not exceed $7,500.

8-23    (j) Of actions for the enforcement of mechanics’ liens, where the

8-24  amount of the lien sought to be enforced, exclusive of interest, does not

8-25  exceed $7,500.

8-26    (k) Of actions for the enforcement of liens of owners of facilities for

8-27  storage, where the amount of the lien sought to be enforced, exclusive of

8-28  interest, does not exceed $7,500.

8-29    (l) In actions for a fine imposed for a violation of NRS 484.757.

8-30    (m) Except in a judicial district that includes a county whose population

8-31  is 100,000 or more, in any action for the issuance of a temporary or

8-32  extended order for protection against domestic violence.

8-33    (n) In an action for the issuance of an order for protection against

8-34  harassment in the workplace pursuant to sections 2 to 19, inclusive, of

8-35  this act.

8-36    (o) In small claims actions under the provisions of chapter 73 of NRS.

8-37    [(o)] (p) In actions to contest the validity of liens on mobile homes or

8-38  manufactured homes.

8-39    [(p)] (q) In any action pursuant to NRS 200.591 for the issuance of a

8-40  protective order against a person alleged to be committing the crime of

8-41  stalking, aggravated stalking or harassment.

8-42    2.  The jurisdiction conferred by this section does not extend to civil

8-43  actions, other than for forcible entry or detainer, in which the title of real

8-44  property or mining claims or questions affecting the boundaries of land are

8-45  involved.

8-46    3.  Justices’ courts have jurisdiction of all misdemeanors and no other

8-47  criminal offenses except as otherwise provided by specific statute.

9-1    4.  Except as otherwise provided in subsections 5 and 6, in criminal

9-2  cases the jurisdiction of justices of the peace extends to the limits of their

9-3  respective counties.

9-4    5.  In the case of any arrest made by a member of the Nevada highway

9-5  patrol, the jurisdiction of the justices of the peace extends to the limits of

9-6  their respective counties and to the limits of all counties which have

9-7  common boundaries with their respective counties.

9-8    6.  Each justice’s court has jurisdiction of any violation of a regulation

9-9  governing vehicular traffic on an airport within the township in which the

9-10  court is established.

9-11    Sec. 22.  NRS 171.124 is hereby amended to read as follows:

9-12    171.124  1.  Except as otherwise provided in subsection 3[,] and

9-13  section 12 of this act, a peace officer or an officer of the Drug

9-14  Enforcement Administration designated by the Attorney General of the

9-15  United States for that purpose may make an arrest in obedience to a

9-16  warrant delivered to him, or may, without a warrant, arrest a person:

9-17    (a) For a public offense committed or attempted in his presence.

9-18    (b) When a person arrested has committed a felony or gross

9-19  misdemeanor, although not in his presence.

9-20    (c) When a felony or gross misdemeanor has in fact been committed,

9-21  and he has reasonable cause for believing the person arrested to have

9-22  committed it.

9-23    (d) On a charge made, upon a reasonable cause, of the commission of a

9-24  felony or gross misdemeanor by the person arrested.

9-25    (e) When a warrant has in fact been issued in this state for the arrest of a

9-26  named or described person for a public offense, and he has reasonable

9-27  cause to believe that the person arrested is the person so named or

9-28  described.

9-29    2.  He may also, at night, without a warrant, arrest any person whom he

9-30  has reasonable cause for believing to have committed a felony or gross

9-31  misdemeanor, and is justified in making the arrest, though it afterward

9-32  appear that a felony or gross misdemeanor has not been committed.

9-33    3.  An officer of the Drug Enforcement Administration may only make

9-34  an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of

9-35  NRS.

9-36    Sec. 23.  Chapter 179A of NRS is hereby amended by adding thereto a

9-37  new section to read as follows:

9-38    1.  The repository for information concerning orders for protection

9-39  against harassment in the workplace is hereby created within the central

9-40  repository.

9-41    2.  Except as otherwise provided in subsection 4, the repository for

9-42  information concerning orders for protection against harassment in the

9-43  workplace must contain a complete and systematic record of all orders

9-44  for protection against harassment in the workplace issued or registered

9-45  in this state, in accordance with regulations adopted by the director of the

9-46  department, including, without limitation, any information received

9-47  pursuant to section 15 of this act. Information received by the central

9-48  repository pursuant to section 15 of this act must be entered in the

9-49  repository for information concerning orders for protection against

10-1  harassment in the workplace not later than 8 hours after it is received by

10-2  the central repository.

10-3    3.  The information in the repository for information concerning

10-4  orders for protection against harassment in the workplace must be

10-5  accessible by computer at all times to each agency of criminal justice.

10-6    4.  The repository for information concerning orders for protection

10-7  against harassment in the workplace must not contain any information

10-8  concerning an event that occurred before October 1, 2001.

10-9    Sec. 24.  The amendatory provisions of this act do not apply to

10-10  offenses committed before October 1, 2001.

 

10-11  H