A.B. 377
Assembly Bill No. 377–Assemblymen Parnell, Gibbons, McClain, Bache, Brower, Carpenter, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, Smith and Von Tobel
March 15, 2001
____________
Joint Sponsor: Senator Amodei
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes regarding orders for protection against domestic violence. (BDR 3‑978)
FISCAL NOTE: Effect on Local Government: Yes.
CONTAINS UNFUNDED MANDATE (§ 1)
(Not Requested by Affected Local Government)
~
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 violence; requiring courts in certain smaller counties to be available at all times to issue temporary and extended orders for protection against domestic violence; providing that a person who violates a temporary or extended order must not be released from custody sooner than 12 hours after being taken into custody if the violation is accompanied by a direct or indirect threat of harm; 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. NRS 33.020 is hereby amended to read as follows:
1-2 33.020 1. If it appears to the satisfaction of the court from specific
1-3 facts shown by a verified application that an act of domestic violence has
1-4 occurred or there exists a threat of domestic violence, the court may grant a
1-5 temporary or extended order . [for protection against domestic violence.] A
1-6 temporary or extended order [for protection against domestic violence]
1-7 must not be granted to the applicant or the adverse party unless he has
1-8 requested the order and has filed a verified application that an act of
1-9 domestic violence has occurred or there exists a threat of domestic
1-10 violence.
2-1 2. The court may require the applicant or the adverse party, or both, to
2-2 appear before [it] the court before determining whether to grant the
2-3 temporary or extended order.
2-4 3. A temporary order may be granted with or without notice to the
2-5 adverse party. An extended order may only be granted after notice to the
2-6 adverse party and a hearing on the application. A hearing on an application
2-7 for an extended order must be held within 45 days after the date on which
2-8 the application for the extended order is filed.
2-9 4. The court shall rule upon an application for a temporary order
2-10 within 1 judicial day after it is filed.
2-11 5. If it appears to the satisfaction of the court from specific facts
2-12 communicated by telephone to the court by an alleged victim that an act of
2-13 domestic violence has occurred and the alleged perpetrator of the domestic
2-14 violence has been arrested and is presently in custody pursuant to NRS
2-15 171.137, the court may grant a temporary order . [for protection against
2-16 domestic violence.] Before approving an order under such circumstances,
2-17 the court shall confirm with the appropriate law enforcement agency that
2-18 the applicant is an alleged victim and that the alleged perpetrator is in
2-19 custody. Upon approval by the court, the signed order may be transmitted
2-20 to the facility where the alleged perpetrator is in custody by electronic or
2-21 telephonic transmission to a facsimile machine. If such an order is received
2-22 by the facility holding the alleged perpetrator while he is still in custody,
2-23 the order must be personally served by an authorized employee of the
2-24 facility before the alleged perpetrator is released. The court shall mail a
2-25 copy of each order issued pursuant to this subsection to the alleged victim
2-26 named in the order and cause the original order to be filed with the court
2-27 clerk on the first judicial day after it is issued.
2-28 6. In a county whose population is [400,000] 47,000 or more, the court
2-29 shall be available 24 hours a day, 7 days a week, including nonjudicial
2-30 days and holidays, to receive communications by telephone and for the
2-31 issuance of a temporary order [for protection against domestic violence]
2-32 pursuant to subsection 5.
2-33 7. In a county whose population is less than [400,000,] 47,000, the
2-34 court may be available 24 hours a day, 7 days a week, including
2-35 nonjudicial days and holidays, to receive communications by telephone and
2-36 for the issuance of a temporary order [for protection against domestic
2-37 violence] pursuant to subsection 5.
2-38 8. The clerk of the court shall inform the protected party upon the
2-39 successful transfer of information concerning the registration to the central
2-40 repository for Nevada records of criminal history as required pursuant to
2-41 NRS 33.095.
2-42 Sec. 2. NRS 33.030 is hereby amended to read as follows:
2-43 33.030 1. The court by a temporary order may:
2-44 (a) Enjoin the adverse party from threatening, physically injuring or
2-45 harassing the applicant or minor child, either directly or through an agent;
2-46 (b) Exclude the adverse party from the applicant’s place of residence;
2-47 (c) Prohibit the adverse party from entering the residence, school or
2-48 place of employment of the applicant or minor child and order him to stay
2-49 away from any specified place frequented regularly by them;
3-1 (d) If it has jurisdiction under chapter 125A of NRS, grant temporary
3-2 custody of the minor child to the applicant; and
3-3 (e) Order such other relief as it deems necessary in an emergency
3-4 situation.
3-5 2. The court by an extended order may grant any relief enumerated in
3-6 subsection 1 and:
3-7 (a) Specify arrangements for visitation of the minor child by the adverse
3-8 party and require supervision of that visitation by a third party if necessary;
3-9 and
3-10 (b) Order the adverse party to:
3-11 (1) Avoid or limit communication with the applicant or minor child;
3-12 (2) Pay rent or make payments on a mortgage on the applicant’s place
3-13 of residence or pay for the support of the applicant or minor child if he is
3-14 found to have a duty to support the applicant or minor child; and
3-15 (3) Pay all costs and fees incurred by the applicant in bringing the
3-16 action.
3-17 3. If an extended order is issued by a justice’s court, an interlocutory
3-18 appeal lies to the district court, which may affirm, modify or vacate the
3-19 order in question. The appeal may be taken without bond, but its taking
3-20 does not stay the effect or enforcement of the order.
3-21 4. A temporary or extended order must specify, as applicable, the
3-22 county and city, if any, in which the residence, school, child care facility or
3-23 other provider of child care, and place of employment of the applicant or
3-24 minor child are located.
3-25 5. A temporary or extended order must provide notice that a person
3-26 who is arrested for violating the order will not be admitted to bail sooner
3-27 than 12 hours after his arrest if such a violation is accompanied by a
3-28 direct or indirect threat of harm.
3-29 Sec. 3. NRS 62.040 is hereby amended to read as follows:
3-30 62.040 1. Except if the child involved is subject to the exclusive
3-31 jurisdiction of an Indian tribe, and except as otherwise provided in this
3-32 chapter, the court has exclusive original jurisdiction in proceedings:
3-33 (a) Concerning any child living or found within the county who is in
3-34 need of supervision because he:
3-35 (1) Is a child who is subject to compulsory school attendance and is a
3-36 habitual truant from school;
3-37 (2) Habitually disobeys the reasonable and lawful demands of his
3-38 parents, guardian or other custodian, and is unmanageable; or
3-39 (3) Deserts, abandons or runs away from his home or usual place of
3-40 abode, and is in need of care or rehabilitation. The child must not be
3-41 considered a delinquent.
3-42 (b) Concerning any child living or found within the county who has
3-43 committed a delinquent act. A child commits a delinquent act if he violates
3-44 a county or municipal ordinance or any rule or regulation having the force
3-45 of law, or he commits an act designated a crime under the law of the State
3-46 of Nevada.
3-47 (c) Concerning any child in need of commitment to an institution for the
3-48 mentally retarded.
4-1 2. For the purposes of subsection 1, each of the following acts shall be
4-2 deemed not to be a delinquent act, and the court does not have jurisdiction
4-3 of a person who is charged with committing such an act:
4-4 (a) Murder or attempted murder and any other related offense arising
4-5 out of the same facts as the murder or attempted murder, regardless of the
4-6 nature of the related offense.
4-7 (b) Sexual assault or attempted sexual assault involving the use or
4-8 threatened use of force or violence against the victim and any other related
4-9 offense arising out of the same facts as the sexual assault or attempted
4-10 sexual assault, regardless of the nature of the related offense, if:
4-11 (1) The person was 16 years of age or older when the sexual assault
4-12 or attempted sexual assault was committed; and
4-13 (2) Before the sexual assault or attempted sexual assault was
4-14 committed, the person previously had been adjudicated delinquent for an
4-15 act that would have been a felony if committed by an adult.
4-16 (c) An offense or attempted offense involving the use or threatened use
4-17 of a firearm and any other related offense arising out of the same facts as
4-18 the offense or attempted offense involving the use or threatened use of a
4-19 firearm, regardless of the nature of the related offense, if:
4-20 (1) The person was 16 years of age or older when the offense or
4-21 attempted offense involving the use or threatened use of a firearm was
4-22 committed; and
4-23 (2) Before the offense or attempted offense involving the use or
4-24 threatened use of a firearm was committed, the person previously had been
4-25 adjudicated delinquent for an act that would have been a felony if
4-26 committed by an adult.
4-27 (d) A felony resulting in death or substantial bodily harm to the victim
4-28 and any other related offense arising out of the same facts as the felony,
4-29 regardless of the nature of the related offense, if:
4-30 (1) The felony was committed on the property of a public or private
4-31 school when pupils or employees of the school were present or may have
4-32 been present, at an activity sponsored by a public or private school or on a
4-33 school bus while the bus was engaged in its official duties; and
4-34 (2) The person intended to create a great risk of death or substantial
4-35 bodily harm to more than one person by means of a weapon, device or
4-36 course of action that would normally be hazardous to the lives of more than
4-37 one person.
4-38 (e) Any other offense if, before the offense was committed, the person
4-39 previously had been convicted of a criminal offense.
4-40 3. If a child is charged with a minor traffic offense, the court may
4-41 transfer the case and record to a justice’s or municipal court if the judge
4-42 determines that it is in the best interest of the child. If a case is so
4-43 transferred:
4-44 (a) The restrictions set forth in subsection [6] 7 of NRS 62.170 are
4-45 applicable in those proceedings; and
4-46 (b) The child must be accompanied at all proceedings by a parent or
4-47 legal guardian.
4-48 With the consent of the judge of the juvenile division, the case may be
4-49 transferred back to the juvenile court.
5-1 4. As used in this section, “school bus” has the meaning ascribed to it
5-2 in NRS 483.160.
5-3 Sec. 4. NRS 62.170 is hereby amended to read as follows:
5-4 62.170 1. Except as otherwise provided in NRS 62.172 and 62.175, a
5-5 peace officer or probation officer may take into custody any child:
5-6 (a) Who the officer has probable cause to believe is violating or has
5-7 violated any law, ordinance or rule or regulation having the force of law; or
5-8 (b) Whose conduct indicates that he is a child in need of supervision.
5-9 2. Except as otherwise provided in this section and NRS 62.172 and
5-10 484.383, if a child is taken into custody:
5-11 (a) The officer shall, without undue delay, attempt to notify, if known,
5-12 the parent, guardian or custodian of the child;
5-13 (b) The facility in which the child is detained shall, without undue
5-14 delay:
5-15 (1) Notify a probation officer; and
5-16 (2) Attempt to notify, if known, the parent, guardian or custodian of
5-17 the child if such notification was not accomplished pursuant to paragraph
5-18 (a); and
5-19 (c) Unless it is impracticable or inadvisable or has been otherwise
5-20 ordered by the court, the child must be released to the custody of his parent
5-21 or other responsible adult who has signed a written agreement to bring the
5-22 child to the court at a stated time or at such time as the court may direct.
5-23 The written agreement must be submitted to the court as soon as possible.
5-24 If this person fails to produce the child as agreed or upon notice from the
5-25 court, a writ may be issued for the attachment of the person or of the child
5-26 requiring that the person or child, or both of them, be brought into the court
5-27 at a time stated in the writ.
5-28 3. Except as otherwise provided in this section and NRS 62.172, if a
5-29 child who is taken into custody is not released pursuant to subsection 2:
5-30 (a) The child must be taken without unnecessary delay to:
5-31 (1) The court; or
5-32 (2) The place of detention designated by the court and, as soon as
5-33 possible thereafter, the fact of detention must be reported to the court; and
5-34 (b) Pending further disposition of the case, the court may order that the
5-35 child be:
5-36 (1) Released to the custody of the parent or other person appointed by
5-37 the court;
5-38 (2) Detained in such place as is designated by the court, subject to
5-39 further order of the court; or
5-40 (3) Conditionally released for supervised detention at the home of the
5-41 child in lieu of detention at a facility for the detention of juveniles.
5-42 4. A child who is taken into custody for committing a battery that
5-43 constitutes domestic violence pursuant to NRS 33.018 must not be released
5-44 from custody sooner than 12 hours after he is taken into custody.
5-45 5. A child who is taken into custody for violating a temporary or
5-46 extended order for protection against domestic violence issued pursuant
5-47 to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or
5-48 injunction that is in the nature of a temporary or extended order for
5-49 protection against domestic violence issued in an action or proceeding
6-1 brought pursuant to Title 11 of NRS must not be released from custody
6-2 sooner than 12 hours after he is taken into custody if such a violation is
6-3 accompanied by a direct or indirect threat of harm. For the purposes of
6-4 this subsection, an order or injunction is in the nature of a temporary or
6-5 extended order for protection against domestic violence if it grants relief
6-6 that might be given in a temporary or extended order issued pursuant to
6-7 NRS 33.017 to 33.100, inclusive.
6-8 6. Except as otherwise provided in [subsection] subsections 4 and 5
6-9 and NRS 62.172, if a child is alleged to be delinquent or in need of
6-10 supervision, the child must not, before disposition of the case, be detained
6-11 in a facility for the secure detention of juveniles unless there is probable
6-12 cause to believe that:
6-13 (a) If the child is not detained, he is likely to commit an offense
6-14 dangerous to himself or to the community, or likely to commit damage to
6-15 property;
6-16 (b) The child will run away or be taken away so as to be unavailable for
6-17 proceedings of the court or to its officers;
6-18 (c) The child was brought to the probation officer pursuant to a court
6-19 order or warrant; or
6-20 (d) The child is a fugitive from another jurisdiction.
6-21 [6.] 7. If a child is not alleged to be delinquent or in need of
6-22 supervision, the child must not, at any time, be confined or detained in:
6-23 (a) A facility for the secure detention of juveniles; or
6-24 (b) Any police station, lockup, jail, prison or other facility in which
6-25 adults are detained or confined.
6-26 [7.] 8. If a child is less than 18 years of age, the child must not, at any
6-27 time, be confined or detained in any police station, lockup, jail, prison or
6-28 other facility where the child has regular contact with any adult who is
6-29 confined or detained therein and who has been convicted of a crime or
6-30 charged with a crime, unless:
6-31 (a) The child is alleged to be delinquent;
6-32 (b) An alternative facility is not available; and
6-33 (c) The child is separated by sight and sound from any adults who are
6-34 confined or detained therein.
6-35 [8.] 9. If a child who is alleged to be delinquent is taken into custody
6-36 and detained, the child must be given a detention hearing, conducted by the
6-37 judge or master:
6-38 (a) Within 24 hours after the child submits a written application;
6-39 (b) In a county whose population is less than 100,000, within 24 hours
6-40 after the commencement of detention at a police station, lockup, jail, prison
6-41 or other facility in which adults are detained or confined;
6-42 (c) In a county whose population is 100,000 or more, within 6 hours
6-43 after the commencement of detention at a police station, lockup, jail, prison
6-44 or other facility in which adults are detained or confined; or
6-45 (d) Within 72 hours after the commencement of detention at a facility in
6-46 which adults are not detained or confined,
6-47 whichever occurs first, excluding Saturdays, Sundays and holidays. A child
6-48 must not be released after a detention hearing without the written consent
6-49 of the judge or master.
7-1 [9.] 10. If the parent, guardian or custodian of the child appears with
7-2 or on behalf of the child at a detention hearing, the judge or master shall
7-3 provide to him a certificate of attendance which he may provide to his
7-4 employer. The certificate of attendance must set forth the date and time of
7-5 appearance and the provisions of NRS 62.900. The certificate of attendance
7-6 must not set forth the name of the child or the offense alleged.
7-7 [10.] 11. Except as otherwise provided in subsection [11,] 12, if a
7-8 child who is alleged to be in need of supervision is taken into custody and
7-9 detained, the child must be released within 24 hours, excluding Saturdays,
7-10 Sundays and holidays, after his initial contact with a peace officer to his
7-11 parent, guardian or custodian, to any other person who is able to provide
7-12 adequate care and supervision, or to shelter care, unless the court holds a
7-13 detention hearing and determines the child:
7-14 (a) Has threatened to run away from home or from the shelter;
7-15 (b) Is accused of violent behavior at home; or
7-16 (c) Is accused of violating the terms of his supervision and consent
7-17 decree.
7-18 If the court makes such a determination, the child may be detained for an
7-19 additional 24 hours after the hearing, excluding Saturdays, Sundays and
7-20 holidays, if needed by the court to make an alternative placement. Such an
7-21 alternative placement must be in a facility in which there are no physically
7-22 restraining devices or barriers. A child must not be detained pursuant to
7-23 this subsection for a total period in excess of 48 hours, excluding
7-24 Saturdays, Sundays and holidays.
7-25 [11.] 12. If a child who is alleged to be in need of supervision is taken
7-26 into custody and detained, the child need not be released pursuant to
7-27 subsection [10,] 11, if the court holds a detention hearing and determines
7-28 the child:
7-29 (a) Is a ward of a federal court or held pursuant to federal statute;
7-30 (b) Has run away from another state and a jurisdiction within the state
7-31 has issued a want, warrant or request for the child; or
7-32 (c) Is accused of violating a valid court order.
7-33 If the court makes such a determination, the child may be detained for such
7-34 an additional period as necessary for the court to return the child to the
7-35 jurisdiction from which he originated or to make an alternative placement.
7-36 Such an alternative placement must be in a facility in which there are no
7-37 physically restraining devices or barriers.
7-38 [12.] 13. During the pendency of a criminal or quasi-criminal charge
7-39 of a crime excluded from the original jurisdiction of the juvenile court
7-40 pursuant to NRS 62.040, a child may petition the juvenile court for
7-41 temporary placement in a facility for the detention of juveniles.
7-42 [13.] 14. In determining whether to release a child pursuant to this
7-43 section to a person other than his parent, guardian or custodian, preference
7-44 must be given to any person related within the third degree of
7-45 consanguinity to the child who is suitable and able to provide proper care
7-46 and guidance for the child.
7-47 Sec. 5. NRS 62.172 is hereby amended to read as follows:
7-48 62.172 1. If a peace officer or probation officer has probable cause to
7-49 believe that a child is committing or has committed an offense that
8-1 involves the possession, use or threatened use of a firearm, the officer shall
8-2 take the child into custody.
8-3 2. If a child is taken into custody for an offense described in subsection
8-4 1, the child must not be released before a detention hearing is held pursuant
8-5 to subsection [8] 9 of NRS 62.170.
8-6 3. At a detention hearing held pursuant to subsection [8] 9 of NRS
8-7 62.170 concerning a child who was taken into custody for an offense
8-8 described in subsection 1, the judge or master shall determine whether to
8-9 order the child to be evaluated by a qualified professional. If the judge or
8-10 master orders a child to be evaluated by a qualified professional, the
8-11 evaluation must be completed within 14 days after the detention hearing.
8-12 Until the evaluation is completed, the child must be:
8-13 (a) Detained at a facility for the detention of juveniles; or
8-14 (b) Placed under a program of supervision in his home that may include
8-15 electronic surveillance of the child.
8-16 4. If a child is evaluated by a qualified professional pursuant to
8-17 subsection 3, the statements made by the child to the qualified professional
8-18 during the evaluation and any evidence directly or indirectly derived from
8-19 those statements may not be used for any purpose in a proceeding which is
8-20 conducted to prove that the child committed a delinquent act or criminal
8-21 offense. The provisions of this subsection do not prohibit the district
8-22 attorney from proving that the child committed a delinquent act or criminal
8-23 offense based upon evidence obtained from sources or by means that are
8-24 independent of the statements made by the child to the qualified
8-25 professional during the evaluation conducted pursuant to subsection 3.
8-26 5. As used in this section:
8-27 (a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS
8-28 202.253.
8-29 (b) “Qualified professional” means:
8-30 (1) A psychiatrist licensed to practice medicine in this state and
8-31 certified by the American Board of Psychiatry and Neurology, Inc.;
8-32 (2) A psychologist licensed to practice in this state;
8-33 (3) A social worker holding a master’s degree in social work and
8-34 licensed in this state as a clinical social worker;
8-35 (4) A registered nurse holding a master’s degree in the field of
8-36 psychiatric nursing and licensed to practice professional nursing in this
8-37 state; or
8-38 (5) A marriage and family therapist licensed in this state pursuant to
8-39 chapter 641A of NRS.
8-40 Sec. 6. Chapter 125 of NRS is hereby amended by adding thereto a
8-41 new section to read as follows:
8-42 1. A restraining order or injunction that is in the nature of a
8-43 temporary or extended order for protection against domestic violence
8-44 which is issued in an action or proceeding brought pursuant to this Title
8-45 must provide notice that a person who is arrested for violating the order
8-46 or injunction will not be admitted to bail sooner than 12 hours after his
8-47 arrest if such a violation is accompanied by a direct or indirect threat of
8-48 harm.
9-1 2. For the purposes of this section, an order or injunction is in the
9-2 nature of a temporary or extended order for protection against domestic
9-3 violence if it grants relief that might be given in a temporary or extended
9-4 order issued pursuant to NRS 33.017 to 33.100, inclusive.
9-5 Sec. 7. NRS 171.1225 is hereby amended to read as follows:
9-6 171.1225 1. When investigating an act of domestic violence, a peace
9-7 officer shall:
9-8 (a) Make a good faith effort to explain the provisions of NRS 171.137
9-9 pertaining to domestic violence and advise victims of all reasonable means
9-10 to prevent further abuse, including advising each person of the availability
9-11 of a shelter or other services in the community.
9-12 (b) Provide a person suspected of being the victim of an act of domestic
9-13 violence with a written copy of the following statements:
9-14 (1) My name is officer ......................... (naming the investigating
9-15 officer). Nevada law requires me to inform you of the following
9-16 information.
9-17 (2) If I have probable cause to believe that a battery has been
9-18 committed against you, your minor child or the minor child of the person
9-19 believed to have committed the battery in the last 24 hours by your spouse,
9-20 your former spouse, any other person to whom you are related by blood or
9-21 marriage, a person with whom you are or were actually residing, a person
9-22 with whom you have had or are having a dating relationship or a person
9-23 with whom you have a child in common, I am required, unless mitigating
9-24 circumstances exist, to arrest the person suspected of committing the act.
9-25 (3) If I am unable to arrest the person suspected of committing the
9-26 battery, you have the right to request that the prosecutor file a criminal
9-27 complaint against the person. I can provide you with information on this
9-28 procedure. If convicted, the person who committed the battery may be
9-29 placed on probation, ordered to see a counselor, put in jail or fined.
9-30 (4) The law provides that you may seek a court order for the
9-31 protection of you or your minor children against further threats or acts of
9-32 domestic violence. You do not need to hire a lawyer to obtain such an
9-33 order for protection.
9-34 (5) An order for protection may require the person who committed or
9-35 threatened the act of domestic violence against you to:
9-36 (I) Stop threatening, harassing or injuring you or your children;
9-37 (II) Move out of your residence;
9-38 (III) Stay away from your place of employment;
9-39 (IV) Stay away from the school attended by your children;
9-40 (V) Stay away from any place you or your children regularly go;
9-41 and
9-42 (VI) Avoid or limit all communication with you or your children.
9-43 (6) A court may make future orders for protection which award you
9-44 custody of your children and require the person who committed or
9-45 threatened the act of domestic violence against you to pay:
9-46 (I) The rent or mortgage due on the place in which you live;
9-47 (II) The amount of money necessary for the support of your
9-48 children; and
10-1 (III) Part or all of the costs incurred by you in obtaining the order
10-2 for protection.
10-3 (7) To get an order for protection, go to room number ....... (state the
10-4 room number of the office at
the court) at the court, which is located
at ......................... (state the address of the court). Ask the clerk of
the court
10-5 to provide you with the forms for an order of protection.
10-6 (8) If the person who committed or threatened the act of domestic
10-7 violence against you violates the terms of an order for protection, he may
10-8 be arrested[.] and, if such a violation is accompanied by a direct or
10-9 indirect threat of harm, he will not be admitted to bail sooner than 12
10-10 hours after his arrest.
10-11 (9) You may obtain emergency assistance or shelter by contacting
10-12 your local program against domestic violence at ......................... (state
10-13 name, address and telephone number of local program) or you may call,
10-14 without charge to you, the
statewide program against domestic violence
at ........................ (state toll-free telephone number of statewide
program).
10-15 2. As used in this section, “act of domestic violence” means any of the
10-16 following acts committed by a person against his spouse, former spouse,
10-17 any other person to whom he is related by blood or marriage, a person with
10-18 whom he is or was actually residing, a person with whom he has had or is
10-19 having a dating relationship, a person with whom he has a child in
10-20 common, the minor child of any of those persons or his minor child:
10-21 (a) A battery.
10-22 (b) An assault.
10-23 (c) Compelling the other by force or threat of force to perform an act
10-24 from which he has the right to refrain or to refrain from an act which he has
10-25 the right to perform.
10-26 (d) A sexual assault.
10-27 (e) A knowing, purposeful or reckless course of conduct intended to
10-28 harass the other. Such conduct may include, but is not limited to:
10-29 (1) Stalking.
10-30 (2) Arson.
10-31 (3) Trespassing.
10-32 (4) Larceny.
10-33 (5) Destruction of private property.
10-34 (6) Carrying a concealed weapon without a permit.
10-35 (f) False imprisonment.
10-36 (g) Unlawful entry of the other’s residence, or forcible entry against the
10-37 other’s will if there is a reasonably foreseeable risk of harm to the other
10-38 from the entry.
10-39 3. The failure of a peace officer to carry out the requirements set forth
10-40 in subsection 1 is not a defense in a criminal prosecution for the
10-41 commission of an act of domestic violence, nor may such an omission be
10-42 considered as negligence or as causation in any civil action against the
10-43 peace officer or his employer.
10-44 4. As used in this section, “dating relationship” means frequent,
10-45 intimate associations primarily characterized by the expectation of
10-46 affectional or sexual involvement. The term does not include a casual
11-1 relationship or an ordinary association between persons in a business or
11-2 social context.
11-3 Sec. 8. NRS 178.484 is hereby amended to read as follows:
11-4 178.484 1. Except as otherwise provided in this section, a person
11-5 arrested for an offense other than murder of the first degree must be
11-6 admitted to bail.
11-7 2. A person arrested for a felony who has been released on probation
11-8 or parole for a different offense must not be admitted to bail unless:
11-9 (a) A court issues an order directing that the person be admitted to bail;
11-10 (b) The state board of parole commissioners directs the detention
11-11 facility to admit the person to bail; or
11-12 (c) The division of parole and probation of the department of motor
11-13 vehicles and public safety directs the detention facility to admit the person
11-14 to bail.
11-15 3. A person arrested for a felony whose sentence has been suspended
11-16 pursuant to NRS 4.373 or 5.055 for a different offense or who has been
11-17 sentenced to a term of residential confinement pursuant to NRS 4.3762 or
11-18 5.076 for a different offense must not be admitted to bail unless:
11-19 (a) A court issues an order directing that the person be admitted to bail;
11-20 or
11-21 (b) A department of alternative sentencing directs the detention facility
11-22 to admit the person to bail.
11-23 4. A person arrested for murder of the first degree may be admitted to
11-24 bail unless the proof is evident or the presumption great by any competent
11-25 court or magistrate authorized by law to do so in the exercise of discretion,
11-26 giving due weight to the evidence and to the nature and circumstances of
11-27 the offense.
11-28 5. A person arrested for a battery that constitutes domestic violence
11-29 pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours
11-30 after his arrest. If the person is admitted to bail more than 12 hours after his
11-31 arrest, pursuant to subsection 5 of NRS 171.178, without appearing
11-32 personally before a magistrate, the amount of bail must be:
11-33 (a) Three thousand dollars, if the person has no previous convictions of
11-34 battery that constitute domestic violence pursuant to NRS 33.018 and there
11-35 is no reason to believe that the battery for which he has been arrested
11-36 resulted in substantial bodily harm;
11-37 (b) Five thousand dollars, if the person has:
11-38 (1) No previous convictions of battery that constitute domestic
11-39 violence pursuant to NRS 33.018, but there is reason to believe that the
11-40 battery for which he has been arrested resulted in substantial bodily harm;
11-41 or
11-42 (2) One previous conviction of battery that constitutes domestic
11-43 violence pursuant to NRS 33.018, but there is no reason to believe that the
11-44 battery for which he has been arrested resulted in substantial bodily harm;
11-45 or
11-46 (c) Fifteen thousand dollars, if the person has:
11-47 (1) One previous conviction of battery that constitutes domestic
11-48 violence pursuant to NRS 33.018 and there is reason to believe that the
12-1 battery for which he has been arrested resulted in substantial bodily harm;
12-2 or
12-3 (2) Two or more previous convictions of battery that constitute
12-4 domestic violence pursuant to NRS 33.018.
12-5 The provisions of this subsection do not affect the authority of a magistrate
12-6 or a court to set the amount of bail when the person personally appears
12-7 before the magistrate or the court. For the purposes of this subsection, a
12-8 person shall be deemed to have a previous conviction of battery that
12-9 constitutes domestic violence pursuant to NRS 33.018 if the person has
12-10 been convicted of such an offense in this state or has been convicted of
12-11 violating a law of any other jurisdiction that prohibits the same or similar
12-12 conduct.
12-13 6. A person arrested for violating a temporary or extended order for
12-14 protection against domestic violence issued pursuant to NRS 33.017 to
12-15 33.100, inclusive, or for violating a restraining order or injunction that is
12-16 in the nature of a temporary or extended order for protection against
12-17 domestic violence issued in an action or proceeding brought pursuant to
12-18 Title 11 of NRS must not be admitted to bail sooner than 12 hours after
12-19 his arrest if such a violation is accompanied by a direct or indirect threat
12-20 of harm. If the person is admitted to bail more than 12 hours after his
12-21 arrest, pursuant to subsection 5 of NRS 171.178, without appearing
12-22 personally before a magistrate, the amount of bail must be:
12-23 (a) Three thousand dollars, if the person has no previous convictions
12-24 of violating a temporary or extended order for protection against
12-25 domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or
12-26 of violating a restraining order or injunction that is in the nature of a
12-27 temporary or extended order for protection against domestic violence
12-28 issued in an action or proceeding brought pursuant to Title 11 of NRS;
12-29 (b) Five thousand dollars, if the person has one previous conviction of
12-30 violating a temporary or extended order for protection against domestic
12-31 violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of
12-32 violating a restraining order or injunction that is in the nature of a
12-33 temporary or extended order for protection against domestic violence
12-34 issued in an action or proceeding brought pursuant to Title 11 of NRS;
12-35 or
12-36 (c) Fifteen thousand dollars, if the person has two or more previous
12-37 convictions of violating a temporary or extended order for protection
12-38 against domestic violence issued pursuant to NRS 33.017 to 33.100,
12-39 inclusive, or of violating a restraining order or injunction that is in the
12-40 nature of a temporary or extended order for protection against domestic
12-41 violence issued in an action or proceeding brought pursuant to Title 11
12-42 of NRS.
12-43 The provisions of this subsection do not affect the authority of a
12-44 magistrate or a court to set the amount of bail when the person
12-45 personally appears before the magistrate or the court. For the purposes
12-46 of this subsection, a person shall be deemed to have a previous conviction
12-47 of violating a temporary or extended order for protection against
12-48 domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or
12-49 of violating a restraining order or injunction that is in the nature of a
13-1 temporary or extended order for protection against domestic violence
13-2 issued in an action or proceeding brought pursuant to Title 11 of NRS if
13-3 the person has been convicted of such an offense in this state or has been
13-4 convicted of violating a law of any other jurisdiction that prohibits the
13-5 same or similar conduct.
13-6 7. The court may, before releasing a person arrested for an offense
13-7 punishable as a felony, require the surrender to the court of any passport
13-8 the person possesses.
13-9 [7.] 8. Before releasing a person arrested for any crime, the court may
13-10 impose such reasonable conditions on the person as it deems necessary to
13-11 protect the health, safety and welfare of the community and to ensure that
13-12 the person will appear at all times and places ordered by the court,
13-13 including, without limitation:
13-14 (a) Requiring the person to remain in this state or a certain county
13-15 within this state;
13-16 (b) Prohibiting the person from contacting or attempting to contact a
13-17 specific person or from causing or attempting to cause another person to
13-18 contact that person on his behalf;
13-19 (c) Prohibiting the person from entering a certain geographic area; or
13-20 (d) Prohibiting the person from engaging in specific conduct that may
13-21 be harmful to his own health, safety or welfare, or the health, safety or
13-22 welfare of another person.
13-23 In determining whether a condition is reasonable, the court shall consider
13-24 the factors listed in NRS 178.4853.
13-25 [8.] 9. If a person fails to comply with a condition imposed pursuant
13-26 to subsection [7,] 8, the court may, after providing the person with
13-27 reasonable notice and an opportunity for a hearing:
13-28 (a) Deem such conduct a contempt pursuant to NRS 22.010; or
13-29 (b) Increase the amount of bail pursuant to NRS 178.499.
13-30 [9.] 10. An order issued pursuant to this section that imposes a
13-31 condition on a person admitted to bail must include a provision ordering
13-32 any law enforcement officer to arrest the person if he has probable cause to
13-33 believe that the person has violated a condition of his bail.
13-34 [10.] 11. Before a person may be admitted to bail, he must sign a
13-35 document stating that:
13-36 (a) He will appear at all times and places as ordered by the court
13-37 releasing him and as ordered by any court before which the charge is
13-38 subsequently heard;
13-39 (b) He will comply with the other conditions which have been imposed
13-40 by the court and are stated in the document; and
13-41 (c) If he fails to appear when so ordered and is taken into custody
13-42 outside of this state, he waives all his rights relating to extradition
13-43 proceedings.
13-44 The signed document must be filed with the clerk of the court of competent
13-45 jurisdiction as soon as practicable, but in no event later than the next
13-46 business day.
13-47 [11.] 12. If a person admitted to bail fails to appear as ordered by a
13-48 court and the jurisdiction incurs any cost in returning the person to the
14-1 jurisdiction to stand trial, the person who failed to appear is responsible for
14-2 paying those costs as restitution.
14-3 13. For the purposes of subsection 6, an order or injunction is in the
14-4 nature of a temporary or extended order for protection against domestic
14-5 violence if it grants relief that might be given in a temporary or extended
14-6 order issued pursuant to NRS 33.017 to 33.100, inclusive.
14-7 Sec. 9. NRS 178.4851 is hereby amended to read as follows:
14-8 178.4851 1. Upon a showing of good cause, a court may release
14-9 without bail any person entitled to bail if it appears to the court that it can
14-10 impose conditions on the person that will adequately protect the health,
14-11 safety and welfare of the community and ensure that he will appear at all
14-12 times and places ordered by the court.
14-13 2. In releasing a person without bail the court may impose such
14-14 conditions as it deems necessary to protect the health, safety and welfare of
14-15 the community and to ensure that he will appear at all times and places
14-16 ordered by the court, including, without limitation, any condition set forth
14-17 in subsection [7] 8 of NRS 178.484.
14-18 3. Upon a showing of good cause, a sheriff or chief of police may
14-19 release without bail any person charged with a misdemeanor pursuant to
14-20 standards established by a court of competent jurisdiction.
14-21 4. Before a person may be released without bail, he must file with the
14-22 clerk of the court of competent jurisdiction a signed document stating that:
14-23 (a) He will appear at all times and places as ordered by the court
14-24 releasing him and as ordered by any court before which the charge is
14-25 subsequently heard;
14-26 (b) He will comply with the other conditions which have been imposed
14-27 by the court and are stated in the document;
14-28 (c) If he fails to appear when so ordered and is taken into custody
14-29 outside of this state, he waives all his rights relating to extradition
14-30 proceedings; and
14-31 (d) He understands that any court of competent jurisdiction may revoke
14-32 the order of release without bail and may order him into custody or require
14-33 him to furnish bail or otherwise ensure the protection of the health, safety
14-34 and welfare of the community or his appearance.
14-35 5. If a jurisdiction incurs any costs in returning a person to the
14-36 jurisdiction to stand trial, the person failing to appear is responsible for
14-37 paying those costs as restitution.
14-38 6. An order issued pursuant to this section that imposes a condition on
14-39 a person who is released without bail must include a provision ordering a
14-40 law enforcement officer to arrest the person if he has probable cause to
14-41 believe that the person has violated a condition of his release.
14-42 Sec. 10. The provisions of subsection 1 of NRS 354.599 do not apply
14-43 to any additional expenses of a local government that are related to the
14-44 provisions of this act.
14-45 Sec. 11. The amendatory provisions of this act do not apply to a
14-46 person who is admitted to bail before October 1, 2001.
14-47 H